An Act To Amend the Informed Growth Act To Provide a Local Management Option

Sec. 1. 30-A MRSA §4371,  as enacted by PL 2007, c. 347, §1, is amended to read:

§ 4371. Exemption

The provisions of this subchapter do not apply to a municipality that has adopted economic and community impact review criteria that apply to large-scale retail development land use permit applications and that an ordinance that contains requirements for determining the impact of a large-scale retail development on existing retail establishments and municipal services for the municipality and abutting municipalities. The ordinance must require a an independent study of the comprehensive economic and community impacts of the proposed large-scale retail development for consideration by a preparer qualified by education, training and experience and provide for public participation consistent with section 4368. The ordinance must consider the findings of the study, among other evidence, in applying the review criteria to the when reviewing a land use application and must contain standards for determining when an impact of a large-scale retail development is detrimental to the community.

A municipality that has adopted an ordinance prior to January 1, 2009 for determining the economic and community impacts of a large-scale retail development is exempt from this Act.

SUMMARY

This bill exempts a municipality from the Informed Growth Act if the municipality adopts an ordinance that determines the impact of a large-scale retail development on the surrounding community and requires an independent study by a qualified preparer. It also exempts a municipality that has adopted an ordinance prior to January 1, 2009 for determining the economic and community impacts of a large-scale retail development.