page last modified August 11, 2014   262463.

Land-use Ordinances

Garland TUC Land Use Ordinance

Garland passed a Land Use Ordinance regulating any proposed Transportation and/or Communication, Utility Corridor (TUC) with strict guidelines making it very difficult for such a project to go through the town. Such an Ordinance is within a town's prerogative to regulate such industrial scale projects according to accepted law and is designed to discourage any developer from pursuing such a project within the town. The vote at a special town meeting held Tuesday evening (July 29, 2014) was 51-7 in favor of the Ordinance. This comes on the heels of a previous vote last summer by a similar overwhelming majority that passed a moratorium against any construction of such a project while the planning board was working on the Ordinance that was just passed. In addition, a straw vote held at the same special town meeting last summer resulted in a similar overwhelming majority that completely rejected the Cianbro Corporation's plans for an East West Highway/Industrial Corridor possibly coming through the town.

The ordinance: Town of Garland --- Transportation and/or Utilities Corridor Ordinance
Section I - Purpose and Intent
This Ordinance is adopted pursuant to 30-A M.R.S.A. -- 3001, to protect the health, safety, and welfare of the Town of Garland and its residents. This Ordinance shall be known as the "Transportation and/or Utilities Corridor Ordinance". Transportation....
Read more: Download the ordinance.




Monson, ME, Moratorium Ordinance
Regarding Private Corridors

On Sept. 4, 2012, the town of Monson passed a "Moratorium Ordinance Regarding Private Corridors To Include Paved Highways, Pipelines and High Tension Transmission Lines." During the pursuing year, the planning board worked on amendments to the land use ordinance with the help of a consultant.

On August 19, [2013,] the town of Monson held a public hearing with a town meeting immediately following to vote on amendments to the land use ordinance and to enact a "Natural Resource Extraction Ordinance."

These amendments and new ordinance are to protect the inhabitants' welfare, health and safety.

This amended Land Use Ordinance and Natural Resource Extraction Ordinance is the first in the state to pass language limiting the passage of the "east/west corridor." If such an entity wants to construct this type of corridor through Monson, they will have to petition the town of Monson selectmen for a change of use in the land use ordinance, and hence the decision would be up to the voters of Monson.

Cynthia Turner
Monson Planning Board chairperson

[The final amended document is available at the town's Web site as a pdf: Download Land Use Ordinance, Town of Monson, amended version (and also below under Amended Land-Use Ordinance). Sections pertaining specifically to transportation/utility corridors are on pages 14, 20, and 40-48, among others.]



Download
The original proposal (see amended Land-use document below resulting from the town's vote on this).

PROPOSED TOWN OF MONSON MORATORIUM ORDINANCE
REGARDING PRIVATE CORRIDORS
TO INCLUDE PAVED HIGHWAYS, PIPELINES
AND HIGH TENSION TRANSMISSION LINES

The TOWN OF MONSON MAINE adopts a Moratorium Ordinance as follows:

WHEREAS, areas in the Town of Monson are faced with a Private Corridor, to include private paved highways, pipeline and high tension transmission lines; and

WHEREAS, this development is anticipated and has not been adequately provided for in the Town's current Land Use Ordinance; and

WHEREAS, there is a strong likelihood that certain areas of the Town will continue to be subjected to this development pressure due to the amount of undeveloped land, the nonexistence of any regulations or restriction on location of a Private Corridor, and the relatively low land prices of some of the land at issue; and

WHEREAS, continued development of such Corridors pursuant to the continued Land Use Ordinance could pose serious threats to public health, safety and welfare to the residents of Monson through the over-development of parts of Town with such Corridors without adequate provisions for issues of safety, and land use compatibility; and

WHEREAS, after public hearing, there is strong support for this Moratorium Ordinance; and

WHEREAS, the Town will need at least 180 days to develop and implement the necessary amendments to zoning and land use ordinances and regulations to accommodate these development pressures; and

WHEREAS, amendments to the Land Use Ordinance require a public hearing by the Planning Board and the Board of Selectmen, and then must be voted upon at a Town Meeting; and

WHEREAS, in the Judgment of the Town, these facts create an emergency within the meaning of 30-A M.R.S.A. 4356(1)(B) and require the following Moratorium Ordinance as immediately necessary for the preservation of the public health, safety and welfare;

NOW, THEREFORE, the Town of Monson hereby ordains that a moratorium is hereby imposed, effective immediately and applicable, to the maximum extent permitted by law and subject to the severability clause below, to all proceedings, applications and petitions not pending (within the meaning of M.R.S.A Sec. 302) as of _______________, and on any new construction or use, requiring approval under the terms of the Town's zoning and land use ordinances and regulations for Town until the effective date of the necessary amendments to the zoning and land use ordinances and regulations or until _____________;

BE IT FURTHER ORDAINED, that the Planner, Planning Board, Board of Appeals, the Building Inspector, the Code Enforcement Officer, all Town agencies and all Town employees shall neither accept nor approve applications, plans, permits, licenses, and/or fees for any new construction or uses governed by this Moratorium Ordinance for such Highways for said period of time; and

BE IT FUTHER ORDAINED, that those provisions of the Town's Land Use Ordinance and regulations which are inconsistent or conflicting with the provisions of this Moratorium, including, without limitation, the requirements for site plan review by the Planning Board, subdivision and/or special exception review by the Planning Board, and any variance appeals by the Board of Appeals, are hereby repealed to the extent that they are applicable for the duration of the Moratorium Ordinance hereby ordained, but not otherwise;

BE IT FURTHER ORDAINED, that to the extent any provision of this Moratorium Ordinance is deemed invalid by a court of competent jurisdiction, the balance of the Moratorium Ordinance shall remain valid.



Amended Land-Use Ordinance (pdf)

Natural-Resource-Extraction Ordinance (pdf)

We, the citizens of Maine, love the place we call home. Our sense of place is what defines us. When it's gone, it's gone forever.


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