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thereof shall be determined by the County Council, provided that the fair share <br /> contribution to address the potential road impacts shall only be in the form of <br /> cash and shall be applied to improving the Kaloko Drive/Hawaii Belt Road or <br /> Mamalahoa Highway intersection. The fair share contribution may be adjusted <br /> annually beginning three years after the effective date of this ordinance, based <br /> on the percentage change in the Honolulu Consumer Price Index (HCPI). In <br /> lieu of paying the fair share contribution for other facility impacts, the <br /> applicants may construct such facilities related to park, fire, police and solid <br /> waste disposal facilities with the approval of the appropriate agency (ies). <br /> <br /> 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 <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, its successors or <br /> assigns, and that aze not the result of their fault or negligence. <br /> 2. Granting of the time extension would not be contrazy to the General Plan <br /> or Zoning Code. <br /> 3. Granting of the time extension would not be contrary to the original <br /> reasons for the granting of the change of zone. <br /> 4. The time extension granted shall be for a period not to exceed the period <br /> originally granted for performance (i.e., a condition to be performed <br /> within one yeaz may be extended for up to one additional yeaz). <br /> -6- <br /> <br />