(A) Application: In addition to any permit required by section 4-1-2 of this title, the owner shall be required to apply for a new construction/demolition permit when the owner seeks to continue to reside in an existing residential structure during construction of a new residential structure on the same property. In making such application, the owner shall provide such plans as are required to establish the ability to retain an existing residential structure without impeding the construction of a new residential structure on the lot or impacting the safety of those living and/or working on the lot.
1. Existing Occupancy: Occupancy of an existing residential structure during construction of a new residential structure shall only be allowed to occur for a period of nineteen (19) months, unless application is made to the Building Department for an extension of time, and good cause is shown therefor. For purposes of such extension, application must be made in writing to the Building Department no later than thirty (30) days prior to last date allowed for occupancy. The Building and Enforcement Officer may issue such extension only in compliance with this chapter for the period deemed necessary to accommodate the circumstance claimed, and upon payment of a fee of two hundred dollars ($200.00) for purposes of the extension. No more than two (2) such extensions can be granted.
2. Escrow:
a. As a condition of the grant of the new construction/demolition permit, the applicant shall place into escrow with the Village an amount of money in cash equal to the cost of demolition of the existing residential structure, plus ten percent (10%). The Village shall place said sum into a non-interest-bearing escrow account held by the Village for such purpose. Said escrow sum shall be determined by the Building Department, based on the applicant's tender to the Building Department of no less than two (2) estimates for demolition of the structure. The escrowed funds shall be returned to the applicant upon completion of the demolition to the requirements of the Village. The escrow requirement may also be met by tender of a Letter of Credit of Performance Bond for the same purposes and in the same amounts with the Village in a form acceptable to the Village. Such escrow shall be available for use by the Village to compel demolition of the existing structure, which shall include but not limited to, payment of the Village's legal fees and court costs.
b. At the time of completion of the new residential structure, the applicant may apply for a temporary occupancy permit to inhabit the new structure, in accordance with the provisions of section 4-1-6 of this title. Within thirty (30) days of the issuance of the temporary occupancy permit, the initial residential structure shall be demolished in accordance with the provisions set forth in this chapter, and in compliance with all other applicable Code requirements.
(B) Issuance Of Permit: No permit shall be issued unless the application and supporting documentation are in compliance with the provisions of this chapter and all other provisions of this Code and unless the applicable fee in section 4-1-6 of this title has been paid. Cost of said permit shall be one hundred dollars ($100.00).
(C) Form Of Application: Application for such permit shall be made to the Building Department with the number of copies from time to time required, upon the form prepared by the Village.
(D) Decision On Application: The Building and Zoning Enforcement Officer shall render his decision on the application within sixty (60) days of the date it was submitted, unless the time becomes extended due to negotiations with the applicant for changes to the application to bring it into compliance with this chapter. In granting approval of the application, the Building and Zoning Enforcement Officer may add any condition to the permit deemed necessary to protect the owner and the Village during construction of the new residential structure, and which is believed proper to ensure compliance with all other sections of this Code. In the event the Building and Enforcement Officer determines to deny the application, the applicant may appeal said decision in compliance with the provisions of section 4-1-8 of this title.
(E) Compliance With Code: In all respects except as varied herein, the applicant shall comply with all other provisions of the Building Code, which terms and conditions are otherwise incorporated herein by reference. (Ord. 19-02, 1-28-2019)