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�JN�pYfOF k��' <br />COUNTY F HAWAVI STATE OF HAWAVI <br />BILL NO. 128 <br />(DRAFT 2) <br />ORDINANCE NO. <br />AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 1, SECTION 11-15, OF THE <br />HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO <br />TRANSFER OF EXCESS AFFORDABLE HOUSING CREDITS. <br />BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: <br />SECTION 1. Chapter 11, article 1, section 11-15, of the Hawaii County Code 1983 <br />(2016 Edition, as amended), is amended by amending subsection (d) to read as follows: <br />"(d) After approval of the excess credits, the developer may transfer the excess credits to any <br />other project that is within the distance established in section 11-5(a)(3), to fulfill part or <br />all of the affordable housing requirements of the other project. The developer shall <br />obtain approval for the transfer of excess credits from the housing administrator before <br />initiating any such transfer. The housing administrator shall validate any such transfer of <br />excess credits upon completion of the transaction. Excess credits that are transferred in <br />violation of this section are voidable at the discretion of the County." <br />SECTION 2. New material is underscored. In printing this ordinance, the underscoring <br />need not be included. <br />SECTION 3. Severability. If any provision of this ordinance, or the application thereof <br />to any person or circumstance, is held invalid, the invalidity does not affect other provisions or <br />applications of the ordinance which can be given effect without the invalid provision or <br />application, and to this end the provisions of this ordinance are severable. <br />