HAR §13-5-42. Standard conditions

(a) Any land use permitted within the conservation district is subject to the following standard conditions: (1) The permittee 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 permittee, 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 permittee shall obtain appropriate authorization from the department for the occupancy of state lands, if applicable; (4) The permittee shall comply with all applicable department of health administrative rules; (5) [The] Transient rentals are prohibited. Additionally, the single-family residence shall not be used for rental or any other commercial purposes unless approved by the board[. Transient rentals are prohibited, with the exception of wilderness camps approved by the board]; (6) The permittee 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 permittee shall submit [four] two hard copies and one §13-5-42 5-65 digital copy of the construction plans and specifications (if required) to the chairperson or an authorized representative for approval for consistency with the conditions of the permit and the declarations set forth in the permit application. [Three] One of the hard copies will be returned to the permittee. Plan approval by the chairperson does not constitute approval required from other agencies; (8) Unless otherwise authorized, any work or construction to be done on the land shall be initiated within one year of the [approval of such use]issuance of the permit, in accordance with construction plans that have been signed by the chairperson, and shall be completed within three years of the approval of such use. The permittee 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) Unless otherwise authorized, [T]the permittee 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 that the permittee 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 §13-5-43 5-66 the approval of the department of health and the county department of water supply; (13) Provisions for access, parking, drainage, fire protection, safety, signs, lighting, and changes on the landscape shall be provided, when applicable; (14) Where any interference, nuisance, or harm may be caused, or hazard established by the use, the permittee shall be required to take measures to minimize or eliminate the interference, nuisance, harm, or hazard; (15) Obstruction of public roads, trails, lateral shoreline access, and pathways shall be avoided or minimized. If obstruction is unavoidable, the permittee shall provide alternative roads, trails, lateral beach access, 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, in accordance with landscaping guidelines provided in this chapter, 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; (21) The permittee shall obtain a county building or grading permit or both [for the use prior to final construction plan approval by the §13-5-42 5-67 department] and file the county permit with the department, including the post- construction Elevation Certificate if one was required; (22) For all landscaped areas, landscaping and irrigation shall be contained and maintained within the property, and shall under no circumstances extend seaward of the shoreline [as defined in section 205A-1, HRS]; (23) Artificial light from exterior lighting fixtures, including but not limited to floodlights, uplights, or spotlights used for decorative or aesthetic purposes, shall be prohibited if the light directly illuminates or is directed to project across property boundaries toward the shoreline and ocean waters, except as may be permitted pursuant to section 205A-71, HRS. All exterior lighting shall be shielded to protect the night sky; (24) Where applicable, provisions for protection of beaches and the primary coastal dune shall be established by the permittee, to the satisfaction of the department, including but not limited to avoidance, relocation, or other best management practices; (25) The permittee acknowledges that the approved work shall not hamper, impede, or otherwise limit the exercise of traditional, customary, or religious practices of Native Hawaiians in the immediate area, to the extent the practices are provided for by the Constitution of the State of Hawaii, and by Hawaii statutory and case law; (26) For single-family residential development located on a parcel along the shoreline, the permittee shall file a restrictive covenant with the Bureau of Conveyances (or the assistant registrar of the land court, if the parcel is Land Court property) stipulating that shoreline hardening structures are prohibited; §13-5-43 5-68 (27) For single family residential development exposed to coastal erosion and flooding, the permittee shall record a covenant with the Bureau of Conveyances (or the assistant registrar of the land court, if the parcel is Land Court property) holding the state harmless from any liability, claim, or demand for property damage resulting from the effects of coastal hazards on the property and its improvements; (28) The property owner understands and acknowledges the risk associated with ownership of beachfront property along the coast of the Hawaiian Islands such that property may eventually, or suddenly, be lost to coastal erosion or marine inundation. When beachfront property recedes seaward and becomes part of the wet beach located seaward of the shoreline or submerged under the ocean, that property becomes part of the public trust; and [(26)](29) 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, as determined by the chairperson or board. (c) Deviation from any of the conditions, standards, or criteria provided in this chapter 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 or cultural resources; (3) The deviation does not conflict with the objective of the subzone; [and] (4) The deviation is not inconsistent with public health, safety, and welfare; and (5) The deviation does not increase exposure to natural hazards such as rock fall, shoreline erosion, flooding, and sea level rise. §13-5-42 5-69 Failure to secure board approval for a deviation before the deviation occurs constitutes cause for permit revocation. [Eff 12/12/94; am and comp 12/05/11; am and comp ] Auth: HRS §183C-3) (Imp: HRS §§183C-4, 183C-6)