(A) Purpose. The Town Council intends that the application of this chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this section.
(B) Planning and Environmental Commission Review. Any applicant for commercial development who feels that the application of this chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this chapter. If the Planning and Environmental Commission determines that the application of this chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, lessen or adjust employee housing requirements as applied to the particular project under consideration to ensure that there is no unlawful uncompensated taking.
(C) Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi-judicial hearing and conducted according to the town’s rules and regulations regarding quasi-judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. If the Town Council determines that the application of this chapter would effect an illegal taking without just compensation, the Town Council may alter, lessen or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to judicial review.
(Ord. 1(2008) § 24)