LD 1481
pg. 1
LD 1481 Title Page An Act To Amend the Laws Governing the Enactment Procedures for Ordinances ... Page 2 of 2
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LR 1981
Item 1

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

 
Sec. 1. 30-A MRSA §3002, sub-§§5 and 6 are enacted to read:

 
5.__Procedures for ordinances or bylaws enacted or amended by
citizen initiative.__Municipal ordinances or bylaws may be
enacted or amended as provided in this subsection.

 
A.__The electors of the municipality may propose any new
ordinance or bylaw or amendment to an existing ordinance or
bylaw by written petition addressed to the city council or
board of selectmen.__The petition must be signed by a number
of electors of the municipality equal to at least 10% of the
total votes cast for Governor in the municipality in the
last gubernatorial election preceding the filing of the
petition.__Signatures may be collected only from registered
voters in the municipality.__All signatures must be
certified as those of registered voters by the municipal
clerk.__The measure thus proposed, unless enacted without
change by the city council or board of selectmen, must be
submitted to the electors at the next municipal or general
election.__All ordinances and bylaws adopted or amended
through this process apply prospectively and may not affect
any grandfathered rights.

 
B.__For the purposes of this subsection, "grandfathered
rights" includes rights pertaining to:

 
(1)__All existing structures and uses of structures;

 
(2)__All structures and uses of structures in
construction or proposed for which building permits,
zoning permits, subdivision approval, site plan
approval or any other land use approval has been
granted; and

 
(3)__All proposed structures and uses of structures for
which written notice of intent to file an application,
describing the nature of the use or uses proposed, the
maximum land area that will be disturbed and not
revegetated and the maximum area of occupiable space,
has been sent by certified mail to all owners of record
on the municipal assessment records within 500 feet of
the property boundary of those proposed structures at
least 90 days prior to receipt of the written petition
described in paragraph A by the city council or board
of selectmen and for which an application for a
building permit, zoning permit, subdivision approval,
site plan approval or any other land use approval has
been filed prior to receipt of that written petition.


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