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(1) Issuance. A certificate of capacity, guaranteeing the availability of transportation capacity subject to the terms contained herein, shall be issued upon issuance of the final development permit. If applicable, payment of fee and/or performance of any condition required by a service provider shall be a condition of certificate of capacity issuance. Certificates of capacity may be issued immediately upon approval of a preliminary development permit or at the time of the final development permit issuance. Administrative procedures may specify issuance of certificate of capacity at an earlier timeframe and conditions required thereof.

(2) A certificate of capacity shall apply only to the specific land uses, densities, intensities and development project described in the application and development permit.

(3) A certificate of capacity is not transferable to other land, but may be transferred to new owners of the original land.

(4) Life Span of Certificate. A certificate of capacity shall expire if the accompanying development permit expires or is revoked. A certificate of capacity may be extended according to the same terms and conditions as the accompanying development permit. If the development permit is granted an extension, so shall the certificate of capacity. If the accompanying development permit does not expire, the certificate of capacity shall be valid for five years.

(5) Unused Capacity. Any capacity that is not used because the developer decides not to develop or the accompanying development permit expires shall be returned to the available pool of capacity. (Ord. 434 § 1, 2010)