A. A development agreement or portions thereof may be modified or terminated upon a finding of noncompliance under this section. In the event that state or federal laws enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreements shall be modified or suspended as deemed necessary by the council, on a recommendation by the commission, to enforce compliance by the property owner with such subsequently enacted state or federal laws or regulations. If such proceedings are initiated, notice shall be given as prescribed by this code and applicable state law.
B. At the time and place set for the public hearing on modification, suspension or termination of the development agreement, the property owner and the public shall be given an opportunity to be heard. The finding of noncompliance under subsection 9.64.060C, "Decision Of The Council", of this chapter, shall be deemed final and not subject to reconsideration at this hearing. The issue at this hearing shall be whether termination, suspension or modification is warranted, and if so, in what respects. The council may impose those conditions to the action it takes as it deems to be in the best interest of the town. (Ord. 243, 10-15-2013)