Sec. 1. 12 MRSA §682, sub-§2, as repealed and replaced by PL 1991, c. 687, §1, is repealed.

Sec. 2. 12 MRSA §682, sub-§2-A is enacted to read:

2-A.__Subdivision.__"Subdivision" means a division of an existing parcel of land into 3 or more parcels or lots within any 5-year period, whether this division is accomplished by platting of the land for immediate or future sale, by sale of the land or by leasing.

The term "subdivision" also includes the division, placement or construction of a structure or structures on a tract or parcel of land resulting in 3 or more dwelling units within a 5-year period.

Sec. 3. 12 MRSA §682, sub-§19 is enacted to read:

19. Conditional zoning.__"Conditional zoning" means the process by which the commission adopts or amends subdistrict boundaries to permit the use of property subject to conditions not generally applicable to other properties similarly zoned.

Sec. 4. 12 MRSA §682-B is enacted to read:

§682-B.__Exemption from subdivision definition

A lot transferred in accordance with this section is not considered a subdivision lot unless the intent of the transfer is to avoid the objectives of this chapter.

1.__Gifts to relatives.__A division of land accomplished by gift to a qualified person, unless the intent of that gift is to avoid the objectives of this chapter, does not create a subdivision as long as the donor has owned the property for a continuous period of 5 years immediately prior to the division by gift.__If the property is transferred within 5 years following the gift to a person who is not a qualified person, the exemption granted pursuant to this section is disallowed, and the property must be considered a lot or lots for purposes of this chapter.

As used in this subsection, "qualified person" means a spouse, parent, grandparent, brother, sister, child or grandchild of the donor of the land.

2.__Transfer to governmental entity.__A lot transferred to a municipal or county entity, the State or an agency of the State is not considered a subdivision lot when the following conditions are met: