Subchapter 2: MAINE LAND USE REGULATION COMMISSION
§685-F. Extraordinary projects
1.Designation as extraordinary project. The director of the Maine Land Use Regulation Commission, referred to in this section as "the director," may designate a
proposed project requiring review and approval under this chapter as an extraordinary project when the director determines
that, because of the project's size, uniqueness or complexity, review of the project application is likely to:
A. Significantly impair the capacity of the commission's staff and cooperating state agencies to review other applications in
a timely manner; or [2005, c. 107, §2 (NEW); 2005, c. 107, §4 (AFF).]
B. Require the commission to incur costs that exceed the funding provided in accordance with section 685-G. [2007, c. 541, Pt. B, §3 (AMD); 2007, c. 541, Pt. B, §6 (AFF).]
A project is considered to significantly impair the capacity of the commission's staff if review of that project is likely
to occupy the equivalent of at least one person working full-time on that project for a minimum of 4 months. Designation
as an extraordinary project must be made at or prior to the time the application is accepted as complete. The director shall
notify the applicant in writing upon making the designation.
[
2007, c. 541, Pt. B, §3 (AMD);
2007, c. 541, Pt. B, §6 (AFF)
.]
2.Processing fee. The processing fee for a project designated as extraordinary is the sum of the actual costs associated with review of that
project application. These costs include, but are not limited to, costs of personnel, supplies, administration, travel, specialized
computer software, services needed for review of that project, including review provided by other state agencies, and contracting for legal and consulting services. The director shall provide the applicant with an estimate of the processing
fee for a project with a breakdown of anticipated costs. The applicant must pay 1/2 of the estimated processing fee prior
to the beginning of the project review. The applicant must be billed quarterly for the remainder of the fee. The director
shall deposit all processing fees in a dedicated account from which expenses attributable to the application review are paid.
The commission shall withhold a decision on the project until the entire processing fee is paid. The director shall return
all unspent funds to the applicant within 120 days of the commission's decision on the application.
[
2007, c. 661, Pt. C, §5 (AMD)
.]
3.Accounting system. The director shall require that all staff involved in any aspect of an application review for a project designated as an
extraordinary project keep accurate and regular daily time records. These records must describe the matters worked on, services
performed and amount of time devoted to those matters and services as well as amounts of money expended in performing those
functions. The director shall keep records of all expenses incurred in reviewing a project, including staff time records
and billing statements for contracted services.
[
2005, c. 107, §2 (NEW);
2005, c. 107, §4 (AFF)
.]
4.Review by commission. In accordance with section 685-B, subsection 1-B, an applicant has the right to review by the commission of a decision
to designate a project as an extraordinary project or of a processing fee established under subsection 2.
[
2005, c. 107, §2 (NEW);
2005, c. 107, §4 (AFF)
.]
SECTION HISTORY
2005, c. 107, §2 (NEW).
2005, c. 107, §4 (AFF).
2007, c. 541, Pt. B, §3 (AMD).
2007, c. 661, Pt. C, §5 (AMD).
2007, c. 541, Pt. B, §6 (AFF).
Data for this page extracted on 10/22/2009 03:22:18.