§ 30-A §5223-2 — Development districts

1.
Creation.
A municipal or plantation legislative body may designate a development district within the boundaries of the municipality or plantation in accordance with the requirements of this chapter. If the municipality has a charter, the designation of a development district may not be in conflict with the provisions of the municipal charter.
2.
Considerations for approval.
Before designating a development district within the boundaries of a municipality or plantation, or before establishing a development program for a designated development district, the legislative body of a municipality or plantation must consider whether the proposed district or program will contribute to the economic growth or well-being of the municipality or plantation or to the betterment of the health, welfare or safety of the inhabitants of the municipality or plantation. Interested parties must be given a reasonable opportunity to present testimony concerning the proposed district or program at the hearing provided for in section 5226, subsection 1. If an interested party claims at the public hearing that the proposed district or program will result in a substantial detriment to that party's existing business in the municipality or plantation and produces substantial evidence to that effect, the legislative body must consider that evidence. When considering that evidence, the legislative body also shall consider whether any adverse economic effect of the proposed district or program on that interested party's existing business in the municipality or plantation is outweighed by the contribution made by the district or program to the economic growth or well-being of the municipality or plantation or to the betterment of the health, welfare or safety of the inhabitants of the municipality or plantation.
3.
Conditions for approval.
Designation of a development district is subject to the following conditions.
4.
Powers of municipality or plantation.
Within development districts and consistent with the development program, the municipality or plantation may acquire, construct, reconstruct, improve, preserve, alter, extend, operate or maintain property or promote development intended to meet the objectives of the development program. Pursuant to the development program, the municipality or plantation may acquire property, land or easements through negotiation or by using eminent domain powers in the manner authorized for community development programs under section 5204. The municipality's or plantation's legislative body may adopt ordinances regulating traffic in and access to any facilities constructed within the development district. The municipality or plantation may install public improvements.

Legislative History

PL 2001, c. 669, §1 (NEW). PL 2003, c. 451, §NNN1 (AMD). PL 2005, c. 646, §1 (AMD). PL 2007, c. 413, §3 (AMD). PL 2007, c. 693, §3 (AMD). PL 2007, c. 693, §37 (AFF). PL 2009, c. 314, §8 (AMD). PL 2009, c. 627, §1 (AMD). PL 2011, c. 101, §8 (AMD). PL 2011, c. 287, §1 (AMD). PL 2011, c. 675, §2 (AMD). PL 2011, c. 691, Pt. A, §31 (AMD). PL 2013, c. 184, §2 (AMD). PL 2023, c. 377, §1 (AMD).