§4356. Moratoria
Any moratorium adopted by a municipality on the processing or issuance of development permits or licenses must meet the following requirements. [PL 1989, c. 104, Pt. A, §45 (NEW); PL 1989, c. 104, Pt. C, §10 (NEW).]
1. Necessity. The moratorium must be needed:
A. To prevent a shortage or an overburden of public facilities that would otherwise occur during the effective period of the moratorium or that is reasonably foreseeable as a result of any proposed or anticipated development; or [PL 1989, c. 104, Pt. A, §45 (NEW); PL 1989, c. 104, Pt. C, §10 (NEW).]
B. Because the application of existing comprehensive plans, land use ordinances or regulations or other applicable laws, if any, is inadequate to prevent serious public harm from residential, commercial or industrial development in the affected geographic area. [PL 1989, c. 104, Pt. A, §45 (NEW); PL 1989, c. 104, Pt. C, §10 (NEW).]
[PL 1989, c. 104, Pt. A, §45 (NEW); PL 1989, c. 104, Pt. C, §10 (NEW).]
2. Definite term. The moratorium must be of a definite term of not more than 180 days. The moratorium may be extended for additional 180-day periods if the municipality adopting the moratorium finds that:
A. The problem giving rise to the need for the moratorium still exists; and [PL 1989, c. 104, Pt. A, §45 (NEW); PL 1989, c. 104, Pt. C, §10 (NEW).]
B. Reasonable progress is being made to alleviate the problem giving rise to the need for the moratorium. [PL 1989, c. 104, Pt. A, §45 (NEW); PL 1989, c. 104, Pt. C, §10 (NEW).]
[PL 1989, c. 104, Pt. A, §45 (NEW); PL 1989, c. 104, Pt. C, §10 (NEW).]
3. Extension by select board. In municipalities where the municipal legislative body is the town meeting, the select board may extend the moratorium in compliance with subsection 2 after notice and hearing.
[PL 2021, c. 275, §46 (AMD).]
SECTION HISTORY
PL 1989, c. 104, §§A45,C10 (NEW). PL 2021, c. 275, §46 (AMD).