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In lieu of paying the fair share contribution, the applicant may construct such <br /> facilities related to park, fire, police and solid waste disposal facilities subject to <br /> the review and recommendation of the Planning Director, upon consultation with <br /> the appropriate agencies and the approval of the Hawaii County Council. <br /> M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria <br /> for imposition of exactions or the assessment of impact fees, conditions included <br /> herein shall be credited towards the requirements of the Unified Impact Fees <br /> Ordinance. <br /> <br /> N. The applicant shall comply with all applicable laws, rules, regulations and <br /> requirements of affected agencies, including those of the Department of Public <br /> Works and the Department of Health, for the proposed development. <br /> O. An annual progress report shall be submitted to the Planning Director prior to the <br /> anniversary date of enactment of the ordinance. The report shall include, but not <br /> be limited to, the status of the development and the extent to which the conditions <br /> of approval are being complied. This condition shall remain in effect until all of <br /> the conditions of approval have been satisfied and the Planning Director <br /> acknowledges that further reports are not required. <br /> <br /> P. An initial extension of time for the performance of conditions within the <br /> ordinance maybe granted by the Planning 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 applicants, successors or assigns, <br /> and that are not the result of their fault or negligence. <br /> -6- <br /> <br />