§ 30-588. Expiration of capacity encumbrance letter.

If the capacity encumbrance letter expires prior to issuance of either a capacity reservation certificate in accordance with division 6 of this article or a building permit using the encumbered capacity, the capacity shall revert to the available capacity bank as described in division 7 of this article.

A capacity encumbrance letter shall be valid for a period of one hundred eighty (180) days following the date of the letter (the "encumbrance period") and may be extended by the CMO for successive thirty-day periods not to exceed a total of an additional one hundred eighty (180) days.

For school concurrency, the capacity encumbrance letter shall be valid for one hundred eighty (180) days from the date of issuance of the letter and may be extended up to an additional one hundred eighty (180) days upon applicant request and written approval by the county and notice to the school board, provided that applicant demonstrates to the county that applicant is proceeding in good faith to obtain necessary development approvals.

(Ord. No. 91-27, § 1, 12-10-91; Ord. No. 96-15, § 13, 5-14-96; Ord. No. 2009-32 , § 10, 11-3-09; Ord. No. 2010-11 , § 2, 9-21-10; Ord. No. 2011-02 , § 10, 3-8-11; Ord. No. 2012-07 , § 5, 3-6-12; Ord. No. 2013-13 , § 2, 5-21-13)