Haw. Code R. § 13-5-42 - Standard conditions

(a) Any land use allowed within the conservation district is subject to the following standard conditions:

(1) The applicant shall comply with all applicable statutes, ordinances, rules, and regulations of the federal, state, and county governments, and applicable parts of this chapter;

(2) The applicant, its successors and assigns, shall indemnify and hold the State of Hawaii harmless from and against any loss, liability, claim, or demand for property damage, personal injury, and death arising out of any act or omission of the applicant, its successors, assigns, officers, employees, contractors, and agents under this permit or relating to or connected with the granting of this permit;

(3) The applicant shall obtain appropriate authorization from the department for the occupancy of state lands, if applicable;

(4) The applicant shall comply with all applicable department of health administrative rules;

(5) The single family dwelling shall not be used for rental or any other commercial purposes unless approved by the board;

(6) The applicant shall provide documentation (e.g. book and page or document number) that the permit approval has been placed in recordable form as a part of the deed instrument, prior to submission for approval of subsequent construction plans;

(7) Before proceeding with any work authorized by the department or the board, the applicant shall submit four copies of the construction plans and specifications to the chairperson or his authorized representative for approval for consistency with the conditions of the permit and the declarations set forth in the permit application. Three of the copies will be returned to the applicant. Plan approval by the chairperson does not constitute approval required from other agencies;

(8) Any work or construction to be done on the land shall be initiated within one year of the approval of such use, in accordance with construction plans that have been signed by the chairperson, and, unless otherwise authorized, shall be completed within three years of the approval of such use. The applicant shall notify the department in writing when construction activity is initiated and when it is completed;

(9) All representations relative to mitigation set forth in the accepted environmental assessment or impact- statement for the proposed use are incorporated as conditions of the permit;

(10) The applicant understands and agrees that the permit does not convey any vested right (s) or exclusive privilege;

(11) In issuing the permit, the department and board have relied on the information and data which the applicant has provided in connection with the permit application. If, subsequent to the issuance of the permit such information and data prove to be false, incomplete, or inaccurate, this permit may be modified, suspended, or revoked, in whole or in part, and the department may, in addition, institute appropriate legal proceedings;

(12) When provided or required, potable water supply and sanitation facilities shall have the approval of the department of health and the board of water supply;

(13) Provisions for access, parking, drainage, ,fire protection, safety; signs,- lighting, and changes on the landscape shall be provided;

(14) Where any interference, nuisance, or harm may be caused, or hazard established by the use, the applicant shall be required to take measures to minimize or eliminate the interference, nuisance, harm, or hazard;

(15) Obstruction of public roads, trails, and pathways shall be minimized. If obstruction is unavoidable, the applicant shall provide roads, trails, or pathways acceptable to the department;

(16) Except in case of public highways, access roads shall be limited to a maximum of two lanes;

(17) During construction, appropriate mitigation measures shall be implemented to minimize impacts to off-site roadways, utilities, and public facilities;

(18) Cleared areas shall be revegetated within thirty days unless otherwise provided for in a plan on file with and approved by the department;

(19) Use of the area shall conform with the program of appropriate soil and water conservation district or plan approved by and on file with the department, where applicable;

(20) Animal husbandry activities shall be limited to sustainable levels in accordance with good soil conservation and vegetation management practices; and

(21) Other terms and conditions as prescribed by the chairperson.

(b) Failure to comply with any of these conditions shall render a permit void under the chapter.

(c) Deviation from any of the conditions provided herein may be considered by the board, only when supported by a satisfactory written justification stating:

(1) The deviation is necessary because of the lack of practical alternatives;

(2) The deviation shall not result in any substantial adverse impacts to natural resources;

(3) The deviation does not conflict with the objective of the subzone; and

(4) The deviation is not inconsistent with the public health, safety, or welfare.

Failure to secure board approval for a deviation before such a deviation occurs constitutes cause for permit revocation.

Notes

Haw. Code R. § 13-5-42

[Eff DEC 12 1994] (Auth: HRS § 183C-3) (Imp: HRS § 183C-4, 183C-6)