LD 1535
pg. 1
LD 1535 Title Page An Act Making Improvements to the Laws Regarding Local Land Use Ordinances ... Page 2 of 5
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LR 2018
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 30-A MRSA §4301, sub-§6-A, as enacted by PL 1991, c. 18, §1,
is amended to read:

 
6-A. Impact fee. "Impact fee" means a charge or assessment
imposed by a municipality against a new development to fund or
recoup a portion of the cost of new, expanded or replacement
infrastructure facilities necessitated by and attributable at
least in part to the new development.

 
Sec. 2. 30-A MRSA §4301, sub-§§7 and 11, as enacted by PL 1989, c. 104,
Pt. A, §45 and Pt. C, §10, are amended to read:

 
7. Implementation program. "Implementation program" means
that component of a local growth management program which that
begins after the adoption of a comprehensive plan and that
includes the policies and full range of municipal policy-making
powers, including spending and borrowing powers, as well as the
powers to adopt or implement ordinances, codes, rules or other
land use regulations which, tools or mechanisms that carry out
the purposes and general policy statements and strategies of the
comprehensive plan in a manner consistent with the goals and
guidelines of subchapter II 2.

 
11. Moratorium. "Moratorium" means a land use ordinance or
other regulation approved by a municipal legislative body which
that, if necessary, may be adopted on an emergency basis and
given immediate effect and that temporarily defers all
development, or a type of development, by withholding any permit,
authorization or approval necessary for the specified type or
types of development.

 
Sec. 3. 30-A MRSA §4301, sub-§13-A, as enacted by PL 2001, c. 406, §1,
is amended to read:

 
13-A. Rate of growth ordinance. "Rate of growth ordinance"
means a land use ordinance adopted pursuant to section 4360-A or
other rule that, upon a showing of need, temporarily limits the
number of building or development permits issued by a
municipality or other jurisdiction over a designated time frame.

 
Sec. 4. 30-A MRSA §4312, sub-§5 is enacted to read:

 
5.__Additional purposes and goals.__Beyond the purposes and
goals outlined in subsections 2 and 3, the Legislature finds that
land use planning and regulation is a shared responsibility of
State Government and municipal governments.__The shared
responsibility occurs in part because of increasing population in
many regions of the State, environmental considerations that


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