| | | Be it enacted by the People of the State of Maine as follows: |
|
| | | Sec. 1. 30-A MRSA §4401, sub-§4, ¶H, as repealed and replaced by PL | | 2001, c. 359, §4 and affected by §8, is repealed and the | | following enacted in its place: |
|
| | | H.__This subsection contains the following limits on home | | rule authority. |
|
| | | (1)__The definition of "subdivision" is a minimum | | definition for all municipalities.__Municipalities may | | not use their home-rule authority to make the | | definition less inclusive, thereby reviewing fewer | | divisions than required under the minimum statutory | | definition. |
|
| | | (2)__Notwithstanding subparagraph 1, municipalities | | that have a local comprehensive plan that is consistent | | with subchapter II and a zoning ordinance that is | | consistent with their comprehensive plan may modify the | | definition of "subdivision" to make it more inclusive, | | thereby reviewing more divisions than required under | | the minimum statutory definition.__If a municipality | | modifies the definition of "subdivision" pursuant to | | this subparagraph: |
|
| | | (a)__The modification applies only to the | | geographic areas of the municipality designated as | | a rural area in accordance with subchapter II, | | section 4326. |
|
| | | (b)__The geographic boundary of the rural area | | must be clearly mapped on a plan that shows parcel | | boundaries within the municipality; |
|
| | | (c)__When a parcel is split by the geographic | | boundary of a rural area, the more inclusive local | | definition of "subdivision" applies; |
|
| | | (d)__The municipality must record the more | | inclusive local definition of "subdivision" and | | the parcel map clearly indicating the affected | | parcels at the registry of deeds for the county in | | which the municipality is located.__The more | | inclusive local definition is not valid until the | | date it and the parcel map are recorded at the | | county registry of deeds.__Any amendment to the | | more inclusive local definition is enforceable | | only upon the recording of the amendment at the | | county registry of deeds; and |
|
|