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County Council and shall be applied to improving the Kaloko Drive/Mamalahoa <br /> Highway intersection. Based upon the applicant's representation of intent to <br /> subdivide and develop up to one(1)additional lot, the total fair share contribution <br /> is$13,672.20. The fair share contribution shall be adjusted annually by the <br /> Hawai`i County Planning Department,beginning three(3) years after the effective <br /> date of this ordinance, based on the percentage change in the Honolulu Consumer <br /> Price Index (HCPI). Upon approval of the fair share contribution, the Planning <br /> Director shall submit a final report to the County Council for its information that <br /> identifies the specific approved fair share contributions, as allocated, and further <br /> implementation requirements. <br /> M. 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 Fee <br /> Ordinance. <br /> N. The applicant shall comply with all applicable County, State and Federal laws, <br /> rules, requirements and regulations. <br /> O. 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 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 /> -7- <br />