| | | 4. Consistent siting. The state board shall adopt criteria | | governing applications under this chapter to direct construction | | projects for new schools to areas determined suitable under the | | provisions of Title 30-A, chapter 187, subchapter II, by the | | municipality within which the project will be located. The board | | may not require a minimum contiguous parcel size for the project | | as a condition of approval. The criteria must require that the | | municipality in which the project will be located consider, with | | the assistance of the Executive Department, State Planning | | Office, priority locations in selecting a school building site.__ | | Priority locations are as follows: |
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| | | A.__A locally designated growth area, as identified in a | | comprehensive plan adopted pursuant to Title 30-A, chapter | | 187, subchapter II; or |
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| | | B.__In the absence of a comprehensive plan pursuant to | | paragraph A, an area served by a public sewer system that | | has the capacity for the school construction project, an | | area identified by the latest Federal Decennial Census as a | | census designated place, or a compact area of an urban | | compact municipality as defined by Title 23, section 754. |
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| | | If the municipality does not select a school building site in a | | priority location, the municipality shall provide a written | | explanation to the state board explaining why a priority site was | | not selected.__State funds may then be used for the project only | | if the municipality in which the project will be located | | certifies to the state board that the municipality's land use | | regulations do not prohibit, within a 1/4 mile of the edge of the | | property on which the school construction project will be | | located, residential development at a density of at least 3 | | dwelling units per acre if the area is served by a public sewer | | system or at least 1.5 dwellings per acre if the area is not | | served by a public sewer system.__The state board may waive this | | requirement if the municipality certifies that more restrictive | | municipal land use regulations are necessary because the area | | contains wetlands or similar natural resources unsuitable for | | residential development at that density. |
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| | | Sec. 5. 30-A MRSA §4301, sub-§§5-A and 5-B are enacted to read: |
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| | | 5-A.__Downtown.__"Downtown" means the traditional central | | business district of a community that has served as the center | | for socioeconomic interaction in the community and is | | characterized by a cohesive core of commercial and mixed-use | | buildings, often interspersed with civic, religious and | | residential buildings and public spaces, typically arranged along |
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