If a Capacity Reservation Certificate is issued within the Encumbrance Period, and
the capacity encumbered is greater than the capacity reserved, the excess encumbered
capacity shall revert to the available capacity bank on the date the Capacity Reservation
Certificate is issued. If a building permit is issued within the Encumbrance Period,
and the capacity encumbered is greater than the capacity committed to the building
permit, the excess encumbered capacity shall revert to the available capacity bank
on the date the building permit is issued.
When a valid building permit is issued for a project utilizing encumbered capacity,
that capacity shall become permitted capacity and shall not be recaptured unless the
building permit lapses or expires without the issuance of a Certificate of Occupancy.
When a valid Capacity Reservation Certificate is issued for a project utilizing encumbered
capacity, that capacity shall become reserved capacity and shall not be recaptured
unless the Capacity Reservation Certificate lapses or expires without the issuance
of a valid building permit.
(Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149)
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