CHAPTER 363
S.P. 484 - L.D. 1452
An Act To Provide Incentives for Development and To Amend Traffic Movement Permit Standards
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 23 MRSA §704-A, sub-§1, ¶A-1 is enacted to read:
A-1. "High-speed rural arterial highway" means an arterial highway as defined in section 704 that is not located in the urban compact area of an urban compact municipality as described in section 754 and where the posted speed limit at the time of the application for a traffic movement permit is 40 miles per hour or greater.
Sec. 2. 23 MRSA §704-A, sub-§1, ¶D is enacted to read:
D. "Traffic demand management techniques" means measures taken to reduce or spread peak hour traffic over a longer period of time. Such measures include, but are not limited to, on-site facilities or on-site design considerations to support local, regional or state bicycle, pedestrian, passenger rail, transit and ride-sharing efforts or plans. The department may not require operational support of passenger transportation systems or require parking management strategies of the permit applicant.
Sec. 3. 23 MRSA §704-A, sub-§2, ¶C, as enacted by PL 1999, c. 468, §2, is repealed.
Sec. 4. 23 MRSA §704-A, sub-§2, ¶D, as enacted by PL 1999, c. 468, §2, is repealed and the following enacted in its place:
D. If a project is located in an area designated as a growth area in a local growth management plan that has been found by the State to be consistent with the growth management program in Title 30-A, chapter 187 and the project does not have an entrance or exit located on a high-speed rural arterial highway and the applicant for a traffic movement permit implements traffic demand management techniques recommended by the department, then the required improvements are limited:
(1) To those necessary to mitigate the impact of the project provided all safety standards are met, even if part or all of the traffic impact occurs outside the boundaries of the growth area; and
(2) To the entrances and exits of the project, if the project reuses previously developed land area and buildings with no more than a 10% increase in building footprint regardless of the extent of vertical development.
Sec. 5. 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. 6. 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 for which the applicant is required to obtain a driveway or entrance or traffic movement permit under Title 23, section 704 or 704-A until the applicant has obtained that permit from the Department of Transportation.
Sec. 7. 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 the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Effective September 13, 2003, unless otherwise indicated.
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