§ 12-23-7 MITIGATION BANK.
   (A)   The town will provide credit for any EHUs constructed on site, constructed off site, or otherwise acquired in anticipation of future commercial development or redevelopment, provided that those EHUs meet all applicable requirements of this title. However, the construction or acquisition of EHUs in anticipation of future development is at the sole risk of the applicant, because the commercial development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for commercial development review is submitted to the town, even if those regulations change after the EHUs are constructed.
   (B)   It shall be the applicant’s responsibility to provide documentation of any existing EHU credit upon submission of an application for development review. If the applicant cannot adequately document such credits, the town shall not be obligated to provide such credit.
(Ord. 1(2008) § 24)