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• The transfer is limited to those Sites for which the Community remitted SAC to MCES. Transfers will not be allowed for Non-Conforming Uses • The transfer request is not for the benefit of a residential or industrial SAC Determination • A minimal SAC demand for the Site must be retained(as appropriate for the type of property (retail, office, and/or warehouse). A minimum of 1 SAC unit for all stand-alone buildings must be retained at the Site from which SAC is being transferred • The transfer may receive provisional approval from MCES such that the business can continue operating on the old Site while the new Site is being built out(has gotten a building permit and has received the benefit of the transferred SAC Credits). However,the certificate of occupancy on the new space will trigger SAC due if the transferred SAC from the old space is continuing to demand wastewater capacity 5.8 Community SAC Reviews 5.8.1 Basis for Community SAC Reviews MCES will review each Community's records at least once every three years to assure conformance and consistency to its SAC rules and procedures. 5.8.2 Records Reviewed During each review,MCES will only look at the most recent 3 years of building or permit or license activity including,but not limited to: • New Residential permits • Residential addition permits that increase the number of Dwelling Units • New Commercial permits • Commercial remodel,addition,tenant finish,and build out permits • Business licenses that change the use of the space • Federal construction sewer connections • Demolition permits MCES will also review the SAC reports during the review period and verify that the 1%prompt payment discount has been taken correctly. 5.8.3 Community Review Payments and Reporting 5.8.3.1 Past Due SAC When unremitted SAC charges from prior years are discovered during a Community Review or otherwise,the Community must respond in writing within 60 days from the date of the MCES letter if the Community can provide additional information or has a dispute with any of the findings to preserve the Community's legal rights.All undisputed portions of the findings must be paid within 60 days. In an extraordinary situation,the Community may request more time via a written appeal to the MCES Finance Director. Note: The liability for unpaid SAC is the Community's responsibility regardless of collection of SAC from property or business owners. 5.8.3.2 Good Faith Efforts and Use of Earlier SAC Rate Where the Community has acted in Good Faith in the opinion of the MCES Finance Director,MCES may accept a payment based on an earlier SAC rate and/or without interest accrual.The earlier SAC rate is that rate that was in effect at the time the SAC should have been submitted to MCES. Acceptance of the earlier rate is contingent on payment within 60 days from the date of the Page41