For an affordable housing development approved on or after the implementation date, a municipality with density requirements shall apply density requirements in accordance with this section.
1.Definition.
For the purposes of this section, "affordable housing development" means:
1-A.
Implementation date.
For purposes of this section, "implementation date" means:
2.(CONFLICT: Text as amended by PL 2025, c. 385, §4) Density requirements.
A municipality shall allow an affordable housing development where multifamily dwellings are allowed to have a dwelling unit density of at least 2 1/2 times the base density that is otherwise allowed in that location and may not require more than 2 off-street parking spaces for every 3 units. The development must be in a designated growth area of a municipa
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For an affordable housing development approved on or after the implementation date, a municipality with density requirements shall apply density requirements in accordance with this section.
1.
Definition.
For the purposes of this section, "affordable housing development" means:
1-A.
Implementation date.
For purposes of this section, "implementation date" means:
2.
(CONFLICT: Text as amended by PL 2025, c. 385, §4) Density requirements.
A municipality shall allow an affordable housing development where multifamily dwellings are allowed to have a dwelling unit density of at least 2 1/2 times the base density that is otherwise allowed in that location and may not require more than 2 off-street parking spaces for every 3 units. The development must be in a designated growth area of a municipality as identified in a comprehensive plan adopted pursuant to this subchapter or the development must be served by a public, special district or other centrally managed water system and a public, special district or other comparable sewer system. The development must comply with minimum lot size requirements in accordance with Title 12, chapter 423‑A, as applicable.
2.
(CONFLICT: Text as amended by PL 2025, c. 388, Pt. D, §36) Density requirements.
A municipality shall allow an affordable housing development where multifamily dwellings are allowed to have a dwelling unit density of at least 2 1/2 times the base density that is otherwise allowed in that location and may not require more than 2 off-street parking spaces for every 3 units. The development must be in a designated growth area of a municipality consistent with Title 5, section 3234, subsection 1, paragraph A or B or the development must be served by a public, special district or other centrally managed water system and a public, special district or other comparable sewer system. The development must comply with minimum lot size requirements in accordance with Title 12, chapter 423‑A, as applicable.
2-A.
Additional height allowance.
Except as otherwise prohibited under Title 38, chapter 3 and municipal shoreland zoning ordinances, a municipality shall allow, subject to review by a municipal fire official or designee, an affordable housing development to exceed any municipal height restriction by no less than one story or 14 feet.
3.
Long-term affordability.
Before granting final approval of an affordable housing development, including but not limited to issuing an occupancy permit, a municipality shall require that the owner of the affordable housing development have executed a restrictive covenant, recorded in the appropriate registry of deeds, for the benefit of and enforceable by a party acceptable to the municipality, to ensure that for at least 30 years after completion of construction:
4.
Shoreland zoning.
An affordable housing development must comply with shoreland zoning requirements established by the Department of Environmental Protection under Title 38, chapter 3 and municipal shoreland zoning ordinances.
5.
Water and wastewater.
The owner of an affordable housing development shall provide written verification to the municipality that each unit of the housing development is connected to adequate water and wastewater services before the municipality may certify the development for occupancy. Written verification under this subsection must include:
6.
Subdivision requirements.
This section may not be construed to exempt a subdivider from the requirements of subchapter 4.
7.
Restrictive covenants.
This section may not be construed to interfere with, abrogate or annul the validity or enforceability of any valid and enforceable easement, covenant, deed restriction or other agreement or instrument between private parties that imposes greater restrictions than those provided in this section, as long as the agreement does not abrogate rights under the United States Constitution or the Constitution of Maine.
8.
Rules.
The Department of Economic and Community Development shall adopt rules to administer and enforce this section. The department shall consult with the Department of Agriculture, Conservation and Forestry in adopting rules pursuant to this subsection. The rules must include criteria for a municipality to use in calculating housing costs. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
9.
Exception.
This section does not apply to a lot or portion of a lot that is within the watershed of a water source that is located in the City of Lewiston or the City of Auburn and that is used to provide drinking water by a water utility that has received a waiver from filtration pursuant to 40 Code of Federal Regulations, Sections 141.70 to 141.76, as determined by the Department of Health and Human Services.