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Title 30-A: MUNICIPALITIES AND COUNTIES (HEADING: PL 1987, c. 737, Pt. A, @2 (new))
Part 2: MUNICIPALITIES (HEADING: PL 1987, c. 737, Pt. A, @2 (new))
Subpart 6-A: PLANNING AND LAND USE REGULATION (HEADING: PL 1989, c. 104, Pt. A, @45 (new))
Chapter 187: PLANNING AND LAND USE REGULATION (HEADING: PL 1989, c. 104, Pt. A, @45 (new))
Subchapter 2: GROWTH MANAGEMENT PROGRAM (HEADING: PL 1989, c. 104, Pt. A, @45 (new))
Article 1: GENERAL PROVISIONS (HEADING: PL 1989, c. 104, Pt. A, @45 (new))
§4314. Transition; savings clause |
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1. Comprehensive plan. A municipal comprehensive plan adopted or amended by a municipality under former Title 30, chapter 239, subchapter V or
VI remains in effect until amended or repealed in accordance with this subchapter.
[2001, c. 406, §3 (amd).] |
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2. Shoreland zoning ordinances. Notwithstanding section 4352, subsection 2, any portion of a zoning ordinance that regulates land use beyond the area required
by Title 38, chapter 3, subchapter I, article 2-B and that is not consistent with a comprehensive plan adopted under this
subchapter is no longer in effect 24 months after adoption of the plan.
[2001, c. 406, §3 (amd).] |
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3. Rate of growth, zoning and impact fee ordinances. After January 1, 2003, any portion of a municipality's rate of growth, zoning or impact fee ordinance must be consistent
with a comprehensive plan adopted under this subchapter. The portion of a rate of growth, zoning or impact fee ordinance
that is not consistent with a comprehensive plan is no longer in effect unless:
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A.
[2001, c. 406, §3 (rp).] |
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B.
[2001, c. 406, §3 (rp).] |
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C. The ordinance or portion of the ordinance is exempted under subsection 2;
[2001, c. 406, §3 (new).] |
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D. The municipality is under contract with the office to prepare a comprehensive plan or implementation program, in which case
the ordinance or portion of the ordinance remains valid for up to 4 years after receipt of the first installment of its first
planning assistance grant or for up to 2 years after receipt of the first installment of its first implementation assistance
grant, whichever is earlier;
[2001, c. 406, §3 (new).] |
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E. The ordinance or portion of the ordinance conflicts with a newly adopted comprehensive plan or plan amendment adopted under
this subchapter, in which case the ordinance or portion of the ordinance remains in effect for a period of up to 24 months
immediately following adoption of the comprehensive plan or plan amendment; or
[2001, c. 406, §3 (new).] |
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F. The municipality applied for and was denied financial assistance for its first planning assistance or implementation assistance
grant under this subchapter due to lack of state funds on or before January 1, 2003. If the office subsequently offers the
municipality its first planning assistance or implementation assistance grant, the municipality has up to one year to contract
with the office to prepare a comprehensive plan or implementation program in which case the municipality's ordinances will
be subject to paragraph D.
[2001, c. 406, §3 (new).] |
[2001, c. 406, §3 (amd).] |
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4. Encumbered balances at year-end. At the end of each fiscal year, all encumbered balances accounts for financial assistance and regional planning grants may
be carried twice.
[1991, c. 722, §6 (new); §11 (aff).] |
Section History:
| PL 1991, |
Ch. 722, |
§11
(AFF).
|
| PL 1991, |
Ch. 722, |
§6
(NEW).
|
| PL 1993, |
Ch. 73, |
§1
(AMD).
|
| PL 1993, |
Ch. 166, |
§4
(AMD).
|
| PL 1993, |
Ch. 721, |
§A1
(AMD).
|
| PL 1993, |
Ch. 721, |
§H1
(AFF).
|
| PL 2001, |
Ch. 406, |
§3
(AMD).
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