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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. |
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| | | 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. |
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| | | 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. |
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| | | §4360-B.__Rate of growth ordinances in designated rural areas |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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