§ 30-594. Shifting of capacity under fixed time frame capacity reservation certificate.

(1)

Shifting of capacity is the movement of reserved capacity from one (1) or more specific yearly time frames to other specific yearly time frames. In order to shift capacity, an application to shift capacity, either forwards or backwards, shall be submitted to the CMO at least thirty (30) days prior to the expiration of the specific yearly time frame into which or out of which the capacity was originally allocated pursuant to the capacity reservation certificate. In evaluating an application to shift capacity the CMO shall consider:

(a)

Whether the applicant has previously shifted capacity;

(b)

The project's current status and degree to which the applicant is deviating from his phasing schedule;

(c)

The stated reasons for the deviation from the phasing schedule;

(d)

The length of any applicable waiting list; and

(e)

The funds expended by the applicant prior to the initiation of vertical construction.

(f)

Whether the applicant has applied for or has made a proportionate share contribution for the provision of transportation facilities only.

(2)

Where necessary to ensure equitable allocation of capacity, the CMO may approve an application to shift capacity with conditions. If an application to shift capacity is denied or if the applicant disagrees with the conditions, the denial or the conditions may be appealed in accordance with the provisions of division 8 of this article.

(3)

No unused capacity reserved pursuant to the capacity reservation certificate may be carried forward beyond a total of three (3) years from the date of the original issuance of such certificate unless an extension has been applied for and received from the CMO as outlined in subsection 30-593(b).

(Ord. No. 91-27, § 1, 12-10-91; Ord. No. 96-15, §§ 17, 18, 5-14-96; Ord. No. 2006-06 , § 2, 5-23-06; Ord. No. 2013-13 , § 2, 5-21-13)