CHAPTER 597
H.P. 1080 - L.D. 1535
An Act Making Improvements to the Laws Regarding Local Land Use Ordinances
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 §4360, sub-§3 is enacted to read:
3. Ordinance requirements. A municipality may adopt a rate of growth ordinance only if:
A. The ordinance is consistent with section 4314, subsection 3;
B. The ordinance sets the number of building or development permits, not including permits for affordable housing, at 105% or more of the mean number of permits issued within the municipality during the 10 years immediately prior to the year in which the number is calculated. The mean is determined by adding together the total number of permits issued for each year in the prior 10 years and then dividing by 10;
C. In addition to the permits established pursuant to paragraph B, the ordinance sets the number of building or development permits for affordable housing at no less than 10% of the number of permits set in the ordinance pursuant to paragraph B; and
D. The number of building or development permits allowed under the ordinance is recalculated every 3 years.
Sec. 4. Effective date. This Act takes effect July 1, 2007.
Effective July 1, 2007.
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