Any vested property right, once established, precludes any zoning or land use action by the town or pursuant to an initiated measure which would alter, impair, prevent, diminish, impose a moratorium on development or otherwise delay the development or use of the property, as set forth in a SSDP, with the following exceptions:
(A) With the consent of the affected landowner;
(B) Upon the discovery of natural or human-made hazards on or in the immediate vicinity of the subject property, which hazards could not reasonably have been discovered at the time of vesting plan approval, and which hazards, if uncorrected, would pose a serious threat to the public health, safety and welfare; or
(C) (1) To the extent that the affected landowner receives just compensation for all costs expenses, and liabilities incurred by the landowner that would be negated by the change in regulation.
(2) These may include, but are not limited to, fees paid in consideration of financing, and architectural, planning and marketing, legal and other consultants’ fees incurred after approval of the SSDP by the Board, together with interest thereon at the legal rate until paid.
(3) Just compensation shall not include any diminution in the value of the property which is caused by such action.
(Ord. 2-98, passed 4-22-1998)