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PD RECOMMENDATION REPORT (PL-SPP-2022-000013)
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2022-12-01 Windward
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Item #1 Orchidland Neighbors (PL-SPP-2022-000013)
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PD RECOMMENDATION REPORT (PL-SPP-2022-000013)
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11/23/2022 10:47:55 AM
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12. 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 be <br />included in any disclosure required for the sale or transfer of the subject parcel. <br />13. 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 />14. 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 />15. The Applicant shall comply with all applicable County, State and Federal laws, <br />rules, regulations and requirements. <br />16. An initial extension of time for the performance of conditions within the permit <br />may be 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 />B. Granting of the time extension would not be contrary to the General Plan or <br />Zoning Code. <br />C. Granting of the time extension would not be contrary to the original reasons <br />for the granting of the permit. <br />-11- <br />
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