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[W] U. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria <br />for imposition of exaction or the assessment of impact fees, conditions included <br />herein shall be credited towards the requirements of the Unified Impact Fees <br />Ordinance. <br />[X] V. To ensure that the Goals and Policies of the Housing Element of the General <br />Plan are implemented, the applicant shall comply with the requirements of <br />Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing <br />Policy. The affordable housing plan shall be approved by the County Office of <br />Housing and Community Development [Ageny] Administrator prior to final <br />subdivision approval or final plan approval, whichever occurs first. The housing <br />requirement shall be met by the provision of affordable housing onsite and not by <br />use of any affordable housing credits generated offsite or by any in -lieu fees. <br />[ > a minin:wm of twenty (20) pereent of the <br />units will be r-ented at the 0 <br />or- less than median ineome level a -ad <br />r at 12n0% or less than edia ineo'' a le ] Affordable housing <br />credits in excess of the basic requirement outlined in Chapter 11, Article 1, <br />Hawaii County Code, shall be credited to the applicant, its successors or assigns. <br />[Y] W.The applicant shall comply with all applicable County, State and Federal laws, <br />rules, regulations and requirements. <br />[Z] X. An initial extension of time for the performance of conditions within this <br />amended ordinance may be granted by the Director upon the following <br />circumstances: <br />1. The non-performance is the result of conditions that could not have been <br />foreseen or are beyond the control of the applicant, successors or assigns, <br />and that are not the result of their fault or negligence. <br />-10- <br />