I. Council Action Requested.
Title
To adopt, as an emergency, an extension of the moratorium ordinance on certain development activities in the Highland Lake watershed adopted by the Council on September 12, 2017, extending the moratorium for an additional period of 180 days.
Body
II. Basis for Council Action.
Council approval of this item is required because;
a. Pursuant to Article I, Section 2 of the Charter the town "may enact reasonable by-laws, regulations and ordinances for municipal purposes, not inconsistent with the Constitution and laws of the State of Maine,"
b. Pursuant to Article I, Section 2 of the Charter "the administration of all the fiscal, prudential and municipal affairs of said Town, with the government thereof, except as otherwise provided by this Charter, shall be and are vested in one body of seven (7) members, which shall constitute and be called the Town Council,"
c. Pursuant to Article II, Section 3(I) of the Charter the Council shall have the power to "exercise all the legislative, financial, borrowing and other powers now or hereafter given by statute to inhabitants of towns acting in Town Meeting except as otherwise provided herein, and also exercise all the powers now or hereafter given by statute to municipal officers of towns,"
d. Pursuant to Article II, Section 11(D) of the Charter and "to meet a public emergency affecting life, health, property or the public peace, the Council may adopt one or more emergency ordinances,"
e. Pursuant to 30-A MRSA 4356 a moratorium may be extended for additional periods of 180 days if (A) the problem giving rise to the moratorium still exists; and (B) reasonable progress is being made to alleviate the problem giving rise to the need for the moratorium," and
f. Since the moratorium was enacted on September 12, 2017 progress has been made through the formation and work of the Highland Lake Leadership Team, amendments to the town's surface water protection ordinance, and coordination of efforts to...
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