A. No water service letters as required by § 7.08.040 shall be issued unless there is sufficient water budgeted for such uses pursuant to § 7.08.040 hereof, and provided further that budgeted water has not already been committed pursuant to this chapter. Each water service letter shall state an allocation quantity of water available for the new or expanded use for which it is issued. Should this assigned allocation be subsequently exceeded due to an unauthorized expansion, addition, or alteration to a property, the city may terminate service to the property in whole or in part after proper notice and hearing.
B. Water service letters will be issued by the city for applicable developments in conjunction with the issuance of building permits, approval of lot splits, and upon recording of a final subdivision plat with Mohave County and the submittal of a guarantee of performance in an amount specified in Chapter 13.20 of the Lake Havasu City Code.
C. Validity of water service letters. Water service letters issued by the city pursuant to this chapter are subject to the following conditions:
1. Building permits. In order for a water service letter to remain valid when issued in conjunction with a building permit, the applicant must have been issued a building permit and must have begun construction prior to the expiration of the building permit, which will be 180 days from the date of permit issuance. Commencement of construction will be evidenced by an inspection and certification by the city. Failure to commence construction by the expiration of the building permit will cause the water service letter to expire. If the building permit is revoked or canceled for any reason, then the water service letter also is voided.
2. Lot splits and final subdivision plats. A water service letter issued in conjunction with approval of a lot split or upon recording of a final subdivision plat with Mohave County and the submittal of a guarantee of performance in an amount specified in Chapter 13.20 of the Lake Havasu City Code shall remain valid as long as the newly created lots are recorded and construction has commenced pursuant to building permits for at least 10% of the recorded lots within one year, 30% within the third year, and 50% within 5 years from the date of the recordation. Should the lots ever become abandoned, the water service letter is also thereby voided. Except that buildings allowed under a duly issued building permit and issued a certificate of occupancy shall be granted a water allocation in an amount sufficient to allow the continued occupancy of the structure. Any expansions or modifications to the structure or the use requiring additional water shall require the issuance of a new water service letter.
(Ord. 12-1088, § 4, passed 12-11-2012; Ord. 97-519, § 3, passed - -1997; Ord. 95-474, § 1, passed - -1995)