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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 />Hawaii 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 (HOPI). 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 />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 />