| Be it enacted by the People of the State of Maine as follows: |
|
| | Sec. 1. 30-A MRSA §4326, sub-§3, ķA, as amended by PL 2001, c. 406, §4, | is further amended to read: |
|
| A. Identify and designate at least 2 basic types of | geographic areas: |
|
| (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: |
|
| (a) Establish standards for these developments; |
|
| (b) Establish timely permitting procedures; |
|
| (c) Ensure that needed public services are | available within the growth area; and |
|
| (d) Prevent inappropriate development in natural | hazard areas, including flood plains and areas of | high erosion; and |
|
| (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. |
|
| 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. |
|
| 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 |
|
|