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RESOLVES
Second Regular Session of the 122nd

CHAPTER 145
S.P. 719 - L.D. 1802

Resolve, To Give the Town of Pownal Additional Time To Comply with the Subdivision Laws

     Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, current law invalidates local ordinances that define a subdivision as the creation of 2 lots in a 5-year period; and

     Whereas, this legislation gives the Town of Pownal additional time to enforce its local ordinance; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

     Sec. 1. Additional time to comply with subdivision definition. Resolved: That, notwithstanding the Maine Revised Statutes, Title 30-A, section 4401, subsection 4, paragraph H-1, until January 1, 2008 the Town of Pownal may enforce an ordinance that defines "subdivision" as "the division of a tract or parcel of land into 2 or more lots within a 5-year period that begins on or after September 23, 1971" as long as that definition was enacted by the town prior to July 25, 1992 and the town filed its definition at the county registry of deeds by June 30, 2003; and be it further

     Sec. 2. Single-lot review process. Resolved: That the Executive Department, State Planning Office shall assist the Town of Pownal in exploring options for establishing a review process for the creation of single residential lots using criteria determined by the town.

     Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.

Effective March 28, 2006.

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