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• The entity requesting the Credit transfer is not a service or retail company(retail businesses <br /> include,but are not limited to: retail shopping stores,restaurants, salon/spas,and repair <br /> shops). Large office corporations are acceptable, if approved by DEED <br /> • The owner of the business or entity requesting the Credit transfer is the property owner of the <br /> existing Site(or has the written consent of the property owner for the Credit transfer) <br /> • MCES reviews and approves the availability of capacity in conveyance(lift stations and <br /> interceptor pipes)and treatment facilities for the new Site <br /> • Written approval from each Community involved has been received by MCES on approved <br /> forms <br /> 5.7.1.1 Determination of Credits Available for a Major Transfer <br /> The number of Credits that may be transferred is at the discretion of the Community representing the <br /> existing Site of the business or entity,but limited to the amount potentially available at that Site(only <br /> those that came from SAC paid to MCES),or the Community that has a Community-Wide Credit <br /> balance,the number of unused Community-Wide Credits.There is a minimum of one SAC unit per <br /> building that must be left at the current Site. If all buildings will be demolished as part of this Credit <br /> transfer,this minimum requirement does not apply. <br /> 5.7.1.1.1 Campus Credits <br /> The allocation of SAC units between buildings that will be retained for those businesses or entities <br /> that are considered Campuses for SAC purposes is at the reasonable discretion of MCES. <br /> 5.7.1.1.2 Permitted Industrial Users <br /> For Industrial Properties permitted by MCES,the rules for potential SAC Credit availability are <br /> stated in Section 5.3.2. Any Assigned SAC Baseline value above the creditable capacity is not <br /> transferable. <br /> 5.7.1.1.3 Credit Balances from other Communities <br /> Any Community that has a Community-Wide Credit balance must use those Credits to offset the <br /> current charges on their SAC activity report.However,booked Community-Wide Credits are <br /> available to be transferred to another Community as part of a Major SAC Credit transfer if all of the <br /> requirements of section 5.7.1 are met. <br /> 5.7.1.2 Implementation of a Major SAC Credit Transfer <br /> 5.7.1.2.1 Timing <br /> SAC Credit transfers occur at the point of execution of the required documents by all parties.MCES <br /> will notify all parties when this is complete. Once the SAC Credit transfer occurs,these Credits <br /> become the reserved capacity for the Community on the future Site for the business or entity. Once <br /> the Major SAC Credit transfer occurs,and the MCES Determination Letter for the new Site has been <br /> issued,the business or entity has up to 7 years from the date of the Determination Letter to complete <br /> the project. If the project does not occur within the 7-year period,the transferred Credits are lost. <br /> 5.7.1.2.2 Revocability <br /> If either a building permit for the new Site has been issued or if a New Use has been established on <br /> the old Site(the existing Site before the transfer),the Credit transfer is irreversible and irrevocable. <br /> Up to that point in time the Credit transfer may be reversed with the agreement of all Communities. <br /> Page I39 <br />