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PD RECOMMENDATION REPORT (SPP-21-228)
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2021-10-07 Windward
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Item #3 Arts and Sciences Center (SPP-21-228)
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PD RECOMMENDATION REPORT (SPP-21-228)
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proposed use,meeting with the standards and requirements of the State Department <br /> of Health. <br /> 13. The Applicant shall notify prospective purchasers,tenants, or lessees of the <br /> subject property that farming operations and practices on adjacent or contiguous <br /> land in the State Land Use Agricultural District are protected under Hawaii <br /> Revised Statutes Chapter 165,the Hawaii Right to Farm Act. This notice shall <br /> be included in any disclosure required for the sale or transfer of the subject parcel. <br /> 14. Any action that would interfere with or restrain farming operations on adjacent or <br /> contiguous properties shall be prohibited under Hawaii Revised Statutes Chapter <br /> 165,the Hawaii Right to Farm Act;provided the farming operations are conducted <br /> in a manner consistent with generally accepted agricultural and management <br /> practices on adjacent or contiguous lands in the Agricultural District. <br /> 15. All earthwork and grading activity shall conform to Chapter 10, Erosion and <br /> Sedimentation Control of the Hawaii County Code. <br /> 16. In the event that surface or subsurface historic resources, including human skeletal <br /> remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural <br /> deposits, marine shell concentrations, sand deposits, or sink holes are identified <br /> during the demolition and/or construction work, the Applicant shall cease work in <br /> the immediate vicinity of the find,protect the find from additional disturbance and <br /> contact the State Historic Preservation Division at (808) 933-7651. Subsequent <br /> work shall proceed upon an archaeological clearance from DLNR-SHPD when it <br /> finds that sufficient mitigation measures have been taken. <br /> 17. The Applicant shall comply with all applicable County, State and Federal laws, <br /> rules,regulations and requirements. <br /> 18. With the exception of Condition 3 related to water commitments, an initial <br /> extension of time for the performance of conditions within the permit may be <br /> granted by the Planning Director upon the following circumstances: <br /> A. The non-performance is the result of conditions that could not have been <br /> foreseen or are beyond the control of the Applicant and that are not the result <br /> of their fault or negligence. <br /> -12- <br />
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