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All as shown on the map attached hereto,marked Exhibit "A" and by reference <br /> made a part hereof. <br /> SECTION 2. This change in district classification is conditioned upon the following: <br /> A. The applicant shall notify prospective purchasers, tenants, or lessees of the subject <br /> property that fanning operations and practices on adjacent or contiguous land in <br /> the State Land Use Agricultural District are protected under Hawaii Revised <br /> Statutes Chapter 165, the Hawaii Right to Farm Act. This notice shall be <br /> included in any disclosure required for the sale or transfer of the subject <br /> properties. <br /> B. Any action that would interfere with or restrain farming operations on adjacent or <br /> contiguous properties shall be prohibited; provided the fanning operations are <br /> conducted in a manner consistent with generally accepted agricultural and <br /> management practices on adjacent or contiguous lands in the Agricultural District. <br /> SECTION 3. In the event that any portion of this ordinance is declared invalid, such <br /> invalidity shall not affect the other parts of this ordinance. <br /> SECTION 4. This ordinance shall take effect upon its approval. <br /> INTRODUCED BY: <br /> COUNCIL MEMBER, COUNTY OF HAWAII <br /> Kona,, Hawai`i <br /> Date of Introduction: April 1, 2014 <br /> Date of 1st Reading: April 1, 2014 <br /> Date of 2nd Reading: April 16, 2014 <br /> Effective Date: May 12, 2014 <br /> REFERENCE Comm. 716 <br /> -2- <br />