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not be limited to, the status of the development and to what extent the conditions of approval are <br /> being complied with. This condition shall remain in effect until all of the conditions of approval <br /> have been complied and the Planning Director acknowledges that further reports are not <br /> required; and, (L) an initial extension of time for the performance of conditions within the <br /> ordinance may be granted by the Planning Director upon the following circumstances: 1) the <br /> non-performance is the result of conditions that could not have been foreseen or are beyond the <br /> control of the applicant, successors or assigns, and that are not the result of their fault or <br /> negligence; 2) granting of the time extension would not be contrary to the General Plan or the <br /> <br /> Zoning Code; 3) granting of the time extension would not be contrary to the original reasons for <br /> the granting of the Change of Zone; 4) the time extension granted shall be for a period not to <br /> exceed the period originally granted for performance (i.e., a condition to be performed within <br /> one year may be extended for up to one additional year); and 5) if the applicant should require an <br /> additional extension of time, the Planning Director shall submit the applicant's request to the <br /> County Council for appropriate action. Further, should any of the conditions not be met or <br /> substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to <br /> its original or more appropriate designation." <br /> SECTION 3. In the event that any portion of this ordinance is declared invalid, such <br /> invalidity shall not affect the other parts of this ordinance. <br /> SECTION 4. This ordinance shall take effect upon its approval. <br /> INTRODUCED BY: <br /> ~ <br /> CIL MEMBER, COUNTY OF HAWAII <br /> } <br /> r~'~~ i <br /> -3- <br /> <br />