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contribution shall become due and payable prior to receipt of Final Subdivision <br /> Approval. The fair share contribution shall be based on the actual number of <br /> additional lots created. The fair share contribution to address the potential road <br /> impacts shall be in the form of cash and/or in-kind services approved by the <br /> 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 additional lot, the fair share contribution is <br /> $15,636.59 per additional lot. The fair share contribution shall be adjusted <br /> annually by the Hawaii County Planning Department, beginning three years after <br /> the effective date of this ordinance, based on the percentage change in the <br /> Honolulu Consumer Price Index. Upon approval of the fair share contribution, the <br /> Planning Director shall submit a final report to the County Council for its <br /> information that identifies the specific approved fair share contributions, as <br /> allocated, and further implementation requirements. <br /> L. 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 /> M. The Applicant shall comply with all applicable County, State and Federal codes, <br /> laws, rules, regulations and requirements for the proposed development. <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 and that are not the <br /> 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- <br />