| | Sec. 5. 23 MRSA §704-A, sub-§2, ¶G is enacted to read: |
|
| G.__For a project that generates 400 or more passenger car | equivalents at peak hour, with entrances or exits located | on an arterial highway as defined in section 704, in order | to limit unnecessary arterial curb cuts and to provide for | street access to undeveloped adjoining property, the | applicant shall dedicate for public use at least a 50-foot | wide right-of-way to the boundary of adjacent properties | unless: |
|
| (1)__Following written opportunity for written | comments from the municipality, the department | determines it is not in the public interest to | require access to adjoining land; |
|
| (2)__The topography is not suitable for access to | adjoining land; |
|
| (3)__The project is surrounded by wetlands or other | protected natural or cultural resources and no | suitable land is available for continuation; or |
|
| (4)__The department finds that a narrower right-of- | way would accomplish the public interest. |
|
| | Sec. 6. 23 MRSA §704-A, sub-§10 is enacted to read: |
|
| | 10.__Violation.__A violation of this section or the rules | adopted pursuant to this section is punishable by a fine of | not more than $100 per day per violation.__The fine begins to | accrue 30 days after the Department of Transportation sends | notice of the violation to the landowner.__The department | shall establish procedures for administrative enforcement of | this section, establishing fines and reconsideration and | appeals of enforcement actions. |
|
| | Sec. 7. 30-A MRSA §4103, sub-§3, ¶D is enacted to read: |
|
| D.__The licensing authority may not issue a permit for a | building or use until the Department of Transportation has | provided a permit or documentation indicating that an exit | or entrance conforms to Title 23, section 704, if | applicable, and section 704-A, if applicable. |
|
| | Sec. 8. Rulemaking. The Department of Transportation may adopt | rules to implement the purposes of this Act. Rules adopted | pursuant to this section are routine technical rules as | defined in Title 5, chapter 375, subchapter 2-A. |
|
|