§ 16-663. Termination.

A zoning right that has been vested as provided in this article shall terminate:

(1)

At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed;

(2)

With the written consent of the affected landowner;

(3)

Upon findings by the board of commissioners, by ordinance after notice and a public hearing, that natural or manmade hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare if the project were to proceed as contemplated in the site specific development plan;

(4)

Upon payment to the affected landowner of compensation for all costs, expenses and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal and other consultant's fees incurred after approval by the town, together with interest thereon at their legal rate until paid. Compensation shall not include any diminution in the value of the property which is caused by such action;

(5)

Upon findings by the board of commissioners, by ordinance after notice and a hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the site specific development plan; or

(6)

Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site-specific development plan, in which case the approval authority may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, by ordinance after notice and a hearing.

(Ord. No. 95-008, § 17.6, 12-13-1995)