| | | Emergency preamble. Whereas, acts of the Legislature do not become | | effective until 90 days after adjournment unless enacted as | | emergencies; and |
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| | | Whereas, on January 1, 2006 current law will invalidate local | | ordinances that define a subdivision as the creation of 2 lots in | | a 5-year period; and |
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| | | Whereas, good local planning practices are advanced by the | | implementation of such ordinances; and |
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| | | Whereas, in the judgment of the Legislature, these facts create | | an emergency within the meaning of the Constitution of Maine and | | require the following legislation as immediately necessary for | | the preservation of the public peace, health and safety; now, | | therefore, |
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| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 30-A MRSA §4401, sub-§4, as amended by PL 2001, c. 651, §§1 to | | 3, is further amended to read: |
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| | | 4. Subdivision. "Subdivision" | | paragraph H-2, "subdivision" means the division of a tract or | | parcel of land into 3 or more lots within any 5-year period that | | begins on or after September 23, 1971. This definition applies | | whether the division is accomplished by sale, lease, development, | | buildings or otherwise. The term "subdivision" also includes the | | division of a new structure or structures on a tract or parcel of | | land into 3 or more dwelling units within a 5-year period, the | | construction or placement of 3 or more dwelling units on a single | | tract or parcel of land and the division of an existing structure | | or structures previously used for commercial or industrial use | | into 3 or more dwelling units within a 5-year period. |
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| | | A. In determining whether a tract or parcel of land is | | divided into 3 or more lots, the first dividing of the tract | | or parcel is considered to create the first 2 lots and the | | next dividing of either of these first 2 lots, by whomever | | accomplished, is considered to create a 3rd lot, unless: |
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| | | (1) Both dividings are accomplished by a subdivider | | who has retained one of the lots for the subdivider's | | own use as a single-family residence that has been the | | subdivider's principal residence for a period of at | | least 5 years immediately preceding the 2nd division; | | or |
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| | | (2) The division of the tract or parcel is otherwise | | exempt under this subchapter. |
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