LD 1590
pg. 2
Page 1 of 3 An Act To Allow the Maine Land Use Regulation Commission To Assess a Processing... Page 3 of 3
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LR 2294
Item 1

 
requiring review and approval under this chapter as an
extraordinary project when the director determines that, because of
the project's size, uniqueness or complexity, review of the project
application is likely to:

 
A.__Significantly impair the capacity of the commission's
staff and cooperating state agencies to review other
applications in a timely manner; or

 
B.__Require the commission to incur costs that exceed the
funding provided in accordance with section 685-D.

 
A project is considered to significantly impair the capacity of
the commission's staff if review of that project is likely to
occupy the equivalent of at least one person working full-time on
that project for a minimum of 4 months.__Designation as an
extraordinary project must be made at or prior to the time the
application is accepted as complete. The director shall notify
the applicant in writing upon making the designation.

 
2. Processing fee.__The processing fee for a project
designated as extraordinary is the sum of the actual costs
associated with review of that project application.__These costs
include, but are not limited to, costs of personnel, supplies,
administration, travel, specialized computer software, services
needed for review of that project and contracting for legal and
consulting services.__The director shall provide the applicant
with an estimate of the processing fee for a project with a
breakdown of anticipated costs. The applicant must pay 1/2 of the
estimated processing fee prior to the beginning of the project
review.__The applicant must be billed quarterly for the remainder
of the fee.__The director shall deposit all processing fees in a
dedicated account from which expenses attributable to the
application review are paid. The commission shall withhold a
decision on the project until the entire processing fee is paid.__
The director shall return all unspent funds to the applicant
within 120 days of the commission's decision on the application.

 
3.__ Accounting system.__The director shall require that all
staff involved in any aspect of an application review for a
project designated as an extraordinary project keep accurate and
regular daily time records.__These records must describe the
matters worked on, services performed and amount of time devoted
to those matters and services as well as amounts of money
expended in performing those functions.__The director shall keep
records of all expenses incurred in reviewing a project,
including staff time records and billing statements for
contracted services.


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