(A) (1) In the event that an individual(s) or entity (hereinafter, “applicant”) requests an improvement location permit for a dwelling unit from the APC Executive Director on a parcel of real estate located within the incorporated area of the town where a dwelling unit already exists and the applicant represents the APC Executive Director that the newly erected dwelling unit will replace the former dwelling unit, then, the applicant must satisfy the following in order to receive the improvement location permit:
(a) The applicant must apply for an improvement location permit according to the provisions of NUZO (New Unified Zoning Ordinance of the county) §§ 6-2 et seq.;
(b) The applicant must post a $3,000 cash bond, or another amount as set by the Town Council from time to time, in favor of the town, to be held by the town; and
(c) The applicant must agree to remove the former dwelling unit from the subject parcel of real estate within 60 days from the issuance of a certificate of compliance from the APC Executive Director for the newly erected dwelling, or within one year after the issuance of an improvement location permit, whichever is earlier.
(2) In the event that the applicant, upon receiving the certificate of compliance, fails to remove the former dwelling unit from the subject parcel of real estate in a timely manner, the cash bond may be drawn upon by the town. The cash bond may be used to defray expenses incurred by the town for the demolition or removal of former dwelling units, and/or legal costs directly associated with the demolition, removal, and/or legal enforcement of this section and its terms.
(B) This section is not intended, nor should it be construed to limit the damages, legal or equitable, that the town may seek in the enforcement of this section. This section shall not be construed as permitting the replacement of a nonconforming mobile home with another nonconforming mobile home at another location on the lot as prohibited by NUZO § 5-1-3(b)(2).
(Res. 03-19, passed 3-19-2003) Penalty, see § 153.99