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Amendments
A. Town Council. After review and written recommendation by the Planning Board, this chapter may be amended by the Town Council in accordance with the Town Charter. The Planning Board may hold a public hearing on proposed amendments and shall place a notice of such meeting in a newspaper of general circulation in the Town of Windham at least two times and the first date at least seven days prior to a public hearing to be held.

B. Rezoning.
(1) Rezoning in accordance with architects plan. When a person petitions for rezoning an area for proposed development in accordance with an architect's plan, the area shall not be rezoned unless the petitioner posts a performance bond equal to at least 25% of the estimated cost of the development. Said bond shall become payable to the Town of Windham if the petitioner fails to begin construction in a substantial manner and in accordance with the plan within one year of the effective date of the rezoning.

(2) Conditional or contract zoning. Pursuant to 30-A M.R.S.A. § 4352(8), conditional or contract zoning is hereby authorized for development where, for reasons such as the unusual nature or unique location of the development proposed, the Town Council finds it necessary or appropriate to impose, by agreement with the property owner or otherwise, certain conditions or restrictions not generally applicable to other properties similarly zoned. All contract or conditional zoning under this section shall establish rezoned areas which are compatible with the existing and permitted uses within the original zones. Nothing in this section shall authorize a rezoning, or an agreement to change or retain a zone, that is inconsistent with the Town's Comprehensive Plan. Any conditional or contract zoning is subject to the requirements and procedures set forth in § 120-108: Conditional or contract zoning of Chapter 120: Land Use.

C. Department of Environmental Protection. The Department of Environmental Protection shall be notified, by certified mail, of all amendments within 45 days of the effective date of such amendments. A file of return receipts from such mailings shall be maintained as a permanent record. Amendments shall not be effective unless approved by the Commissioner of the Department of Environmental Protection. If the Commissioner fails to act on any amendment within 45 days of his/her receipt of the amendment, the amendment is automatically approved. Any application for a permit submitted to the municipality within the forty-five-day period shall be governed by the terms of the amendment, if such amendment is approved by the Commissioner.