The director may approve exclusive agricultural sites under the following conditions:
(a) The minimum leasable area within an exclusive agricultural site shall be 5 acres, irrespective of the minimum lot size of the applicable zoning district;
(b) All structures for temporary, seasonal, or permanent residential occupancy or habitation shall be prohibited;
(c) Exclusive agricultural site provisions shall be applicable only to leasehold lands located within an agricultural-zoned district and shall require a lease term of no less than 10 years. The term of the lease shall be clearly defined in the lease agreement;
(d) If a resource concern is identified by the United States Department of Agriculture Natural Resources Conservation Service or appropriate State of Hawaii Soil and Water Conservation District, the owner of the parcel and lessees shall submit a conservation plan approved by a certified conservation planner upon application for an exclusive agricultural site;
(e) The owner of the parcel shall also submit a map, drawn to scale, of the parcels indicating the land area under consideration for the exclusive agricultural site, the number of existing or proposed leasable areas and acres, and a copy of the executed lease agreements;
(f) Before final approval of the site by the director, the leases within or a master lease for an exclusive agricultural site shall be recorded in the bureau of conveyances or the land court, or both, as is appropriate, and a certified copy of the recorded document shall be filed with the director. Each lease shall:
(1) Restrict uses to those principal and accessory agricultural uses as defined in this chapter, except that farm dwellings or structures suitable for residential occupancy or habitation shall be prohibited;
(2) Provide a roadway maintenance agreement for all roadways within the exclusive agricultural site; and
(3) Assure implementation of the conservation plan required in subsection (d) and compliance with such plan, including maintenance of conservation improvements specified therein;
(g) Notwithstanding Chapter 22, the following infrastructure standards shall apply:
(1) A water system shall not be required for an exclusive agricultural site; and
(2) Roadway improvements, including street lights and utility lines, may be approved within an exclusive agricultural site which do not meet the standards established under Chapter 22; provided that they shall be the property and the responsibility of any one or more of the following: the subdivider, lot owner, or lessees, pursuant to an executed roadway maintenance agreement;
(h) If conditions in the area in which an exclusive agricultural site is located change to such extent that the exclusive agricultural site no longer promotes diversified agriculture, the fee owner may apply to the director to nullify the site permit; provided that the consent of all lessees within the site is secured. Upon the approval of the nullification of the exclusive agricultural site by the director, the parcel shall revert to its original status; and
(i) In the event of expiration or termination of the lease before its stated term, the exclusive agricultural site shall be nullified, and the parcel shall revert to its original status.
(1990 Code, Ch. 21, Art. 8, § 21-8.60) (Added by Ord. 02-63)