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In lieu of paying the fair share contribution, the applicant may contribute land <br /> and/or construct improvements/facilities related to parks and recreation, fire, <br /> police, solid waste disposal facilities and roads within the region impacted by the <br /> proposed development, subject to the review and recommendation of the Planning <br /> Director, upon consultation with the appropriate agencies and approval of the <br /> County Council. Improvements to the drainage as it crosses under Kuakini <br /> Highway maybe credited against the road fair share, and the dedication of the <br /> land value of the Parkway right-of--way, and Kuakini Highway right-of--way, shall <br /> be credited against fair share. <br /> <br /> Z. 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 /> AA. The applicant shall comply with all applicable County, State and Federal laws, <br /> rules, regulations and requirements. <br /> <br /> BB. An initial extension of time for the performance of conditions within the <br /> ordinance may be granted by the Director upon the following 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 /> 2. Granting of the time extension would not be contrary to the General Plan <br /> or Zoning Code. <br /> -12- <br /> <br />