Maine Revised Statutes Title 30-A Sec. 4367 – Preparation of comprehensive economic impact study
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As part of its review of a land use permit application for a large-scale retail development, a municipal reviewing authority shall require the preparation of a comprehensive economic impact study. [PL 2007, c. 347, §1 (NEW).]
1. Qualified preparer. A comprehensive economic impact study must be prepared by a person, other than the applicant for a large-scale retail development, qualified by education, training and experience to prepare such a study.
[PL 2011, c. 89, §4 (AMD).]
Terms Used In Maine Revised Statutes Title 30-A Sec. 4367
- Comprehensive economic impact area: means the geographic area affected by a proposed large-scale retail development. See Maine Revised Statutes Title 30-A Sec. 4366
- Comprehensive economic impact study: means a municipal study that estimates the effects of a large-scale retail development on the local economy, downtown and community pursuant to section 4367, subsection 4. See Maine Revised Statutes Title 30-A Sec. 4366
- Contract: A legal written agreement that becomes binding when signed.
- Development: means a change in land use involving alteration of the land, water or vegetation, or the addition or alteration of structures or other construction not naturally occurring. See Maine Revised Statutes Title 30-A Sec. 4301
- Land use permit: means a municipal permit or approval required by a municipal land ordinance, site plan ordinance, subdivision ordinance, zoning ordinance or building permit ordinance or by the state subdivision law pursuant to subchapter 4. See Maine Revised Statutes Title 30-A Sec. 4366
- Large-scale retail development: means any retail business establishment having a gross floor area of 75,000 square feet or more in one or more buildings at the same location, and any expansion of an existing building or buildings that results in a retail business establishment's having a gross floor area of 75,000 square feet or more in one or more buildings except when the expansion of an existing retail business establishment is less than 20,000 square feet. See Maine Revised Statutes Title 30-A Sec. 4366
- Municipal reviewing authority: means the municipal planning board, agency or office or, if none, the municipal officers. See Maine Revised Statutes Title 30-A Sec. 4366
- Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001
- Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001
- Sewage: means the water-carried wastes created in and carried or to be carried away from any structure together with any surface or ground water or household and industrial waste that is present. See Maine Revised Statutes Title 30-A Sec. 2001
2. Selection of preparer. The selection of the preparer must be mutually agreed upon by the municipal reviewing authority and the applicant. If no mutual agreement is reached within 15 days, the municipal reviewing authority shall select the preparer. The preparer must be qualified in accordance with subsection 1.
[PL 2007, c. 347, §1 (NEW).]
3. Payment. The applicant for the permit shall pay a fee to the municipality. The municipality shall establish the amount of the fee. The development application is not complete for processing until the fee has been paid.
The municipality shall use the fee to cover the municipality’s projected costs of the comprehensive economic impact study contract, notice of the public hearing and related municipal staff support. The municipality’s contract for the study must be defined and priced to ensure that the fee will be sufficient to cover both the costs of the study and the costs listed in this subsection. Any unexpended funds from the fee must be returned to the applicant.
[PL 2011, c. 89, §5 (AMD).]
4. Comprehensive economic impact study. The comprehensive economic impact study must be completed within 4 months of the filing of the application and must be made available to the municipal reviewing authority, the applicant and the public. It must estimate the effects of the large-scale retail development as set out in this subsection.
A. The municipality may require that the comprehensive economic impact study, using existing studies and data and through the collection and analysis of new data, identify the economic effects of the large-scale retail development on existing retail operations; supply and demand for retail space; number and location of existing retail establishments where there is overlap of goods and services offered; employment, including projected net job creation and loss; retail wages and benefits; captured share of existing retail sales; sales revenue retained and reinvested in the comprehensive economic impact area; municipal revenues generated; municipal capital, service and maintenance costs caused by the development’s construction and operation, including costs of roads and police, fire, rescue and sewer services; the amount of public subsidies, including tax increment financing; and public water utility, sewage disposal and solid waste disposal capacity. [PL 2011, c. 89, §6 (AMD).]
B. The comprehensive economic impact study must identify, to the extent that there are available for reference, existing studies and data, the general environmental effects on those factors enumerated in section 4404, regardless of whether the project is a subdivision, and in Title 38, sections 480?D and 484, regardless of the acreage of the project site. [PL 2007, c. 347, §1 (NEW).]
[PL 2011, c. 89, §6 (AMD).]
SECTION HISTORY
PL 2007, c. 347, §1 (NEW). PL 2011, c. 89, §§4-6 (AMD).