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1. The applicant, its successors, or assigns ("Applicant") shall be responsible for <br /> complying with all stated conditions of approval. <br /> 2. Construction and operation of the telecommunication facility shall be conducted <br /> in a manner that is substantially representative of plans and details as contained <br /> within the Use Permit application dated March 15, 2023, and representations <br /> made to the Leeward Planning Commission. <br /> 3. Construction of the telecommunication facility shall be completed within five (5) <br /> years from the effective date of this permit. Prior to construction, the applicant, <br /> successors, or assigns shall secure Final Plan Approval for the proposed <br /> development from the Planning Director in accordance with Section <br /> 25-2-71(c)(3), 25-2-72, 25-2-74 and 25-4-12, Chapter 25 (Zoning Code), Hawaii <br /> County Code. Plans shall identify proposed structures, fire protection measures, <br /> access easements and any fencing associated with the use. The tower/antenna <br /> plans shall be stamped by a licensed structural engineer. <br /> 4. Prior to commencement of operation of the facility, the Applicant shall secure and <br /> finalize any building permits for the proposed use required by the Department of <br /> Public Works - Building Division. <br /> 5. Co-location of antennas upon the proposed tower and the addition of related <br /> support and ground equipment is required within the parameters of the tower <br /> height and ground lease area as approved by the Planning Commission without <br /> amendment of this permit or further Plan Approval. Co-location beyond the <br /> parameters approved by this permit but that results in less than a `substantial <br /> change' to the tower height and ground lease area, as defined by the Federal <br /> Communication Commission, is allowed without amendment of this permit, <br /> provided Plan Approval has been issued by the Planning Director for the co- <br /> location. Co-location that results in a `substantial change' to the tower height and <br /> ground lease area, as defined by the Federal Communication Commission, <br /> requires an amendment of this permit. <br /> 6. To protect any Hawaiian hoary bats in the vicinity of the property, barbed wire <br /> fencing shall not be used in the permit area and woody vegetation over fifteen <br /> -9- <br />