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marketing, legal, and other consultant's fees incurred at~er approval by the <br />county, together with interest thereon at the legal rate until paid. Compensation <br />shall not include any diminution in the value of the property which is caused by <br />such action; <br /> <br />Upon findings, by ordinance after notice and a hearing that the landowner or his <br />representative intentionally supplied inaccurate information or made material <br />misrepresentations which made a difference in the approval by the county of the <br />site specific development plan or the phased development plan; or <br /> <br />Upon the enactment or promulgation of a State or federal law or regulation which <br />precludes development as contemplated in the site specific development plan or <br />the phased development plan, in which case the county may modify the affected <br />provisions, upon a finding that the change in State or federal law has a <br />fundamental effect on the plan, by ordinance aRer notice and a hearing. <br /> <br />(2) The establishment of a vested fight shall not preclude the application of overlay <br /> zoning which imposes additional requirements but does not affect the allowable <br /> type or intensity of use, or ordinances or regulations which are general in nature <br /> and are applicable to all property subject to land-use regulation by a county, <br /> including, but not limited to building, fire, plumbing, electrical, and mechanical <br /> codes. Otherwise applicable new regulations shall become effective with respect <br /> to property which is subject to a site specific development plan or a phased <br /> development plan upon the expiration or termination of the vesting rights period <br /> provided for in this section. <br /> <br />(3) Notwithstanding any provision of this section, the establishment of a vested right <br /> shall not preclude, change or impair the authority ora county to adopt and enforce <br /> zoning ordinance provisions governing nonconforming situations or uses. <br /> <br />(f) Miscellaneous provisions. <br /> <br />(1) A vested fight obtained under this section is not a personal right, but shall attach to <br />and run with the applicable property. After approval of a site specific development plan <br />or a phased development plan, all successors to the original landowner shall be entitled <br />to exercise such rights. <br /> <br />(2) Nothing in this section shall preclude judicial determination, based on common-law <br /> principles or other statutory provisions, that a vested right exists in a particular case <br /> or that a compensable taking has occurred. Except as expressly provided in this <br /> section, nothing in this section shall be construed to alter the existing common law. <br /> <br />(3) In the event a county fails to adopt an ordinance setting forth what constitutes a site <br /> specific development plan triggering a vested right, a landowner may establish a <br /> vested right with respect to property upon the approval of a zoning permit, or <br /> otherwise may seek appropriate relief from the Superior Court Division of the <br /> General Court of Justice. <br /> <br /> <br />