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In lieu of paying the fair share contribution, the applicant may contribute land and/or <br />construct improvements/facilities related to parks and recreation, fire, police, solid waste <br />disposal facilities and roads within the region impacted by the proposed development, <br />subject to the review and recommendation of the Planning Director, upon consultation <br />with the appropriate agencies and approval of the County Council pursuant to Section 2- <br />162.1(a) of Hawaii County Code. <br />M. To ensure that the Goals and Policies of the Housing Element of the General Plan are <br />implemented, the Applicant shall comply with the requirements of Chapter 11, Article 1, <br />Hawaii County Code relating to Affordable Housing Policy. This requirement shall be <br />approved by the Administrator of the Office of Housing and Community Development as <br />evidenced by an executed affordable housing agreement which shall be provided to the <br />Planning Department by the Applicant prior to Final Subdivision Approval. Fair share <br />requirements under Condition L shall be conditionally waived for affordable housing <br />units or lots, if the Applicant executes an affordable housing agreement to provide fifty <br />(50) to one hundred (100) percent of the development as affordable housing units or lots. <br />If the affordable housing units or lots are not produced and sold or rented in accordance. <br />with the affordable housing agreement, any fair share requirements under Condition L <br />that were waived will become due and payable. <br />N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for <br />imposition of exactions or the assessment of impact fees, conditions included herein shall <br />be credited towards the requirements of the Unified Impact Fees Ordinance. <br />O. An initial extension of time for the performance of conditions within this ordinance may <br />be requested in accordance with Section 25-2-44, subsections (c) and (d), of the Hawaii <br />County Code. <br />-7- <br />