C. Legislative Hearing Held . The Town Board of Commissioners may hold a duly noticed legislative hearing and adopt an ordinance revoking the approved site- specific vesting plan designation in accordance with the following: i. Natural or Man-Made Hazards . Based on a finding that natural or man- made hazards pose a threat to public health, safety, and welfare if the development were to proceed. ii. False Information . Based on a finding that the property owner/developer or their representatives intentionally supplied inaccurate information or misrepresented the development proposal in a manner that made a difference in the Town Board’s approval. iii. Compensation . Upon payment to the affected landowner for compensation of all cost including all fees paid in consideration of financing, architectural, planning, marketing, legal and other consultant fees plus interest. Compensation shall not include any diminution in the value of the property. iv. Enactment of Laws on the Regulations . Enactment of a State or Federal law or regulation that precludes the authorized development, in which case the Town Board of Commissioners may after a duly noticed legislative hearing adopt an ordinance revoking the approved site- specific vesting plan designation based on a finding that such enactment of law would not permit a site-specific vesting plan designation. (12) Additional Provisions . In addition to the standards and requirements herein provided additional provisions related to the approval of a site-specific vesting plan designation are as follows: A. Right of Applicant to Complete Development . The Town Board of Commissioners may approve a site-specific vesting plan designation upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare of the citizens of the Town. Such vested rights designation shall confer upon the land the right of the applicant to undertake and complete the development and use of said property under the terms and conditions of the site-specific vesting plan designation including any amendments to the Land Development Ordinance within the approved time designated by the Town Board of Commissioners.
Made with FlippingBook interactive PDF creator