|
of building permit applications exceeds the number of permits | available in any given period, preference must be given to those | applicants who seek permits in areas designated as growth areas in | the municipality's comprehensive plan.__A municipality may | establish other priorities for those who seek single building | permits over those who seek multiple permits in order to construct | an approved subdivision or for those who seek multiple permits in | older approved subdivisions over those who seek multiple permits in | newer approved subdivisions. |
|
| | 6.__Enforcement.__A landowner or developer operating within a | municipality or the Attorney General may seek appropriate | remedial relief if a municipal rate of growth ordinance is not in | compliance with this section. |
|
| | 7.__Transition.__A rate of growth ordinance in effect as of | January 1, 2005 may continue in effect until January 1, 2008, by | which time it must conform to the terms of this section or no | longer have effect. |
|
| §4360-B.__Rate of growth ordinances in designated rural areas |
|
| | 1.__Need.__In areas of a municipality specifically designated | in an adopted, consistent comprehensive plan as rural areas, as | defined in this chapter, that designation is deemed to | presumptively demonstrate a need to limit the rate of growth in | such areas.__If an adopted, consistent comprehensive plan has | been prepared as part of a multimunicipal region under section | 4325 and the entirety of a municipality has been designated as a | rural area by that plan, the need may be presumed to exist | municipalitywide. |
|
| | 2.__Number of building permits under rate of growth ordinance.__ | If a rate of growth ordinance affects only areas of a | municipality or multimunicipal region designated as rural areas, | as defined in this chapter, in an adopted, consistent | comprehensive plan, and the plan also specifically designates | growth areas, the rate of growth ordinance may limit the number | of building permits issued in the designated rural areas at a | level consistent with the comprehensive plan, except that the | same categories exempted under section 4360-A, subsection 4 are | also exempt. |
|
| | 3.__Duration of ordinance.__A rate of growth ordinance | affecting only areas of__a municipality designated as rural areas | in an adopted, consistent comprehensive plan may remain in effect | for the period of time the municipality considers consistent with | its comprehensive plan. |
|
|