| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 30-A MRSA §4326, sub-§3, ķA, as amended by PL 2001, c. 406, §4, | | is further amended to read: |
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| | | A. Identify and designate at least 2 basic types of | | geographic areas: |
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| | | (1) Growth areas, which are those areas suitable for | | orderly residential, commercial and industrial | | development or any combination of those types of | | development, forecast over the next 10 years. Each | | municipality shall: |
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| | | (a) Establish standards for these developments; |
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| | | (b) Establish timely permitting procedures; |
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| | | (c) Ensure that needed public services are | | available within the growth area; and |
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| | | (d) Prevent inappropriate development in natural | | hazard areas, including flood plains and areas of | | high erosion; and |
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| | | (2) Rural areas, which are those areas where | | protection should be provided for agricultural, forest, | | open space and scenic lands within the municipality. | | Each municipality shall adopt land use policies and | | ordinances to discourage incompatible development. |
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| | | These policies and ordinances may include, without | | limitation: density limits; cluster or special zoning; | | acquisition and transfer of land or development rights; or | | performance standards. |
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| | | A municipality is not required to identify growth areas for | | residential, commercial or industrial growth if it demonstrates | | that it is not possible to accommodate future residential, | | commercial or industrial growth in these areas because of severe | | physical limitations, including, without limitation, the lack of | | adequate water supply and sewage disposal services, very shallow | | soils or limitations imposed by protected natural resources; or | | it demonstrates that the municipality has experienced minimal or | | no residential, commercial or industrial development over the | | past decade and this condition is expected to continue over the | | 10-year planning period. A municipality exercising the | | discretion afforded by this paragraph shall review the basis for | | its |
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