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encountered, work in the immediate area shall cease and the Department of <br />Land and Natural Resources -Historic Preservation Division (DLNR-HPD) shall <br />be immediately notified. Subsequent work shall proceed upon an archaeological <br />clearance from the DLNR-HPD when it finds that sufficient mitigative measures <br />have been taken. <br />H. [The applicant shall pay its fair share contribution to address potential regional <br />impacts of the project with respect to roads, park, fire, police and solid waste <br />disposal facilities. The fair share contribution shall be initially based on the <br />representations contained within the change of zone application and may be <br />increased or reduced proportionally if the lot counts are adjusted. The fair share <br />contribution shall become due and payable prior to final subdivision approval of <br />any portion of the subject property or within five (5) years from the effective <br />date of this change of zone ordinance, whichever occurs first. The fair share <br />contribution for each lot shall be based on a maximum density for each lot as <br />determined by the zoning resulting from this change of zone. The fair share <br />contribution in a form of cash, land, facilities or any combination thereof shall <br />be determined by the County Council. The fair share contribution may be <br />adjusted annually beginning three years after the effective date of this ordinance, <br />based on the percentage change in the Honolulu Consumer Price Index (HCPI). <br />In lieu of paying the fair share contribution for other facility impacts, the <br />applicant may construct such facilities related to roads, park, fire, police and <br />solid waste disposal facilities with the approval of the appropriate agency(ies). <br />Any contributions required by this ordinance that exceed the fair share <br />requirement of this proposed development shall, at the applicant's request be <br />credited towards any of the applicant's future developments that require <br />infrastructural impact contributions.] <br />The applicant shall make its fair share contribution to mitigate potential regional <br />impacts of the subject project with respect to roads. narks and recreation. fire. <br />-4- <br />