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In lieu of paying the fair share contribution, the applicant may contribute land and/or <br /> construct improvements/facilities related to parks and recreation, fire, police, solid waste <br /> disposal facilities and roads within the region impacted by the proposed development, <br /> subject to the review and recommendation of the Planning Director, upon consultation <br /> with the appropriate agencies and approval of the County Council. <br /> J. 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 /> K. To ensure that the Goals and Policies of the Housing Element of the General Plan <br /> are implemented, the applicant shall comply with the requirements of Chapter 11, <br /> Article 1, Hawai`i County Code relating to Affordable Housing Policy. This <br /> requirement shall be approved by the Administrator of the Office of Housing and <br /> Community Development prior to final plan approval. <br /> L. Should any remains of historic sites, such as rock walls, terraces, platforms, <br /> marine shell concentrations or human burials be encountered, work in the <br /> immediate area shall cease and the Department of Land and Natural Resources— <br /> State Historic Preservation Division (DLNR-SHPD) shall be immediately <br /> notified. Subsequent work shall proceed upon an archaeological clearance from <br /> the DLNR-SHPD when it finds that sufficient mitigation measures have been <br /> taken. <br /> M. The applicant(s) shall comply with all applicable County, State and Federal laws, <br /> rules, regulations and requirements. <br /> N. 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 applicant(s), successors or <br /> assigns, and that are not the result of their fault or negligence. <br /> -6- <br />