(A) Subject to the provision of § 157.140 and unless otherwise provided by the development agreement, the laws applicable to development of the property subject to a development agreement, are those in force at the time of execution of the agreement.
(B) Subject to the provisions of § 157.140 the town may apply subsequently adopted laws to a development that is subject to a development agreement only if the town has held a public hearing and determined:
(1) The laws are not in conflict with the laws governing the development agreement and do not prevent the development set forth in the development agreement;
(2) They are essential to the public health, safety or welfare and the laws expressly state that they apply to a development that is subject to a development agreement;
(3) The laws are specifically anticipated and provided for in the development agreement;
(4) The town demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement which changes, if not addressed by the town, would pose a serious threat to the public health, safety, or welfare; or
(5) The development agreement is based on substantially and materially inaccurate information supplied by the developer.
(C) The section does not abrogate any right preserved by § 157.140 or that may vest pursuant to common law or otherwise in the absence of a development agreement. Specifically, the authority to tax at any time shall not be abrogated.
(Ord. 99056, passed 12-14-99)