LD 395
pg. 2
Page 1 of 3 An Act to Clarify the Use of Municipal Rate-of-growth Ordinances Page 3 of 3
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LR 791
Item 1

 
(4)__Provides a basis for the amount of growth to be
allowed under the growth rate ordinance that considers
the municipality's historic growth rates and its
reasonable share of future growth anticipated in the
region;

 
(5)__Considers the impact of the growth rate
ordinance on housing affordability; and

 
(6)__Considers the impact of the growth rate
ordinance on neighboring communities;

 
C.__A requirement that the number of building permits
issued annually under the growth rate ordinance must be no
less than the average number of permits issued annually by
the municipality for the 10 years prior to adoption of the
growth rate ordinance;

 
D.__A requirement in the growth rate ordinance that the
municipality review every 5 years the justification in the
comprehensive plan under paragraph B to determine whether
the growth rate ordinance is still necessary and how the
growth rate ordinance may be adjusted to meet current
conditions; and

 
E.__A requirement that residential housing units
affordable to low-income households as defined by rule be
exempt from building cap provisions within the
municipality's growth areas as designated within its
comprehensive plan under paragraph A.__This exemption does
not apply to communities that provide adequate housing
opportunities locally for this income group and that
provide a reasonable share of adequate housing
opportunities on a regional basis, as determined by the
Maine State Housing Authority.__In reviewing and approving
proposals for housing units affordable for low-income
households, municipalities may require provisions ensuring
that these units, as built, will be sold or rented for a
price that is affordable for this group as established by
rule and that the affordability will be maintained in
subsequent resale or future rental of the units.

 
The office shall adopt rules to implement this subsection.__
Rules adopted pursuant to this subsection are major
substantive rules as defined in Title 5, chapter 375,
subchapter 2-A.

 
3.__Growth rate ordinances that apply outside designated
growth areas.__A municipality with a comprehensive plan
adopted pursuant to the planning and land use regulation laws
under this chapter may adopt an ongoing growth rate ordinance
that applies only to designated rural areas if:


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