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L. "The applicant shall make its fair share contributions to mitigate the potential <br /> regional impacts of the subject property with respect to roads...The fair share <br /> contribution to address the potential road impacts shall be in the form of cash <br /> and/or in-kind services approved by the County Council and shall be applied to <br /> improving the Kaloko Drive-Mamalahoa Highway intersection. The fair share <br /> contribution shall have a value of$9,991.20 per additional lot...Based upon <br /> the...intent to subdivide and develop up to six(d) additional lots,the indicated <br /> total fair share contribution is $59,947.20... The fair share contribution shall be <br /> adjusted annually...Upon approval of the fair share contributions,the Director <br /> shall submit a final report to the Council for its information that identifies the <br /> specific approved fair share contributions...." <br /> The Applicant will comply with this requirement. <br /> M. "To ensure that the Goals and Policies of the Housing Element of the General <br /> Pian are implemented,the applicant shall comply with the requirements of <br /> Chapter 11,Article 1, Hawaii County Code relating to Affordable Housing <br /> Policy. This requirement shall be approved by the Administrator of the Office <br /> of Housing and Community Development prior to Final Subdivision Approval." <br /> As the project will involve more than five lots and the zoning is FA-3a, Chapter <br /> 11 is applicable. As such, the Applicant will comply, <br /> N. "Should the Council adopt a Unified Impact Fee Ordinance...conditions <br /> included herein shall be credit towards the requirements of the Unified Impact <br /> Fees Ordinance." <br /> This is not applicable, inasmuch as such an ordinance has not been passed as of <br /> this date. <br /> 4. "The applicant shall comply with all applicable County, State and Federal laws, <br /> rules, regulations and requirements." <br /> This has and will continue to be complied with by the Applicant. <br /> P. "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: 1)the non-performance is the result of conditions that could not <br /> have been 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 /> As noted earlier, an administrative time extension was never requested As <br /> such, the Applicant is requesting an amendment to this Ordinance to allow for <br /> this extension. That is the purpose ofthis application. <br /> 6 <br />