(A) The Town Council, or its designee, shall review the facts and information presented by the applicant to determine whether the action by the town constitutes a constitutional taking as defined in this chapter.
(B) In doing so, it shall consider:
(1) Whether the physical taking or exaction of the private real property bears an essential nexus to a legitimate governmental interest;
(2) Whether a legitimate governmental interest exists for the action taken by the town; and
(3) Is the property and exaction taken roughly proportionate and reasonably related both in nature and in extent to the impact caused by the activities that are the subject of the decision being reviewed.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1704)