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COUNTY F HAWAVI STATE OF HAWAVI
BILL NO. 128
(DRAFT 2)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 1, SECTION 11-15, OF THE
HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
TRANSFER OF EXCESS AFFORDABLE HOUSING CREDITS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Chapter 11, article 1, section 11-15, of the Hawaii County Code 1983
(2016 Edition, as amended), is amended by amending subsection (d) to read as follows:
"(d) After approval of the excess credits, the developer may transfer the excess credits to any
other project that is within the distance established in section 11-5(a)(3), to fulfill part or
all of the affordable housing requirements of the other project. The developer shall
obtain approval for the transfer of excess credits from the housing administrator before
initiating any such transfer. The housing administrator shall validate any such transfer of
excess credits upon completion of the transaction. Excess credits that are transferred in
violation of this section are voidable at the discretion of the County."
SECTION 2. New material is underscored. In printing this ordinance, the underscoring
need not be included.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon approval.
, Hawai'i
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 695.2
INTRODUCED BY
COUNCIL MEMBER, COUNTY OF HAWAPI
COUNCIL MEMBER, COUNTY OF HAWAPI
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