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Q. An annual progress report shall be submitted to the Planning Director prior to the <br /> anniversary date of enactment of the ordinance. The report shall include, but not be <br /> limited to, the status of the development and to what extent the conditions of approval <br /> are being complied with. This condition shall remain in effect until all of the <br /> conditions of approval have been complied with and the Planning Director <br /> acknowledges that further reports are not required. <br /> R. [A • .• _ ••- = : :r • - :•:• -•- -* :*-.- <br /> --. • <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, successors or assigns, <br /> 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 /> 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 within <br /> one year may be extended for up to one additional year). <br /> 5. If the applicant should require an additional extension of time, the <br /> Planning Director shall submit the applicant's request to the County <br /> Council for appropriate action.] If the applicant should require an <br /> additional extension of time, the Planning Director shall submit the <br /> applicant's request to the Planning Commission and the Hawai`i County <br /> Council for appropriate action. <br /> S. Should any of the conditions not be met or substantially complied with in a timely <br /> fashion, the Director may initiate rezoning of the area to its original or more <br /> appropriate designation. <br /> -6- <br />