1. For purposes of this section, a
municipality shall verify that the development:
a) Is an affordable housing development as
defined in this chapter, which includes the requirement that a majority of the
total units on the lot are affordable;
b) Is in a designated growth area pursuant to
30-A M.R.S. §4349- A(1)(A) or (B) or served by a
public, special district or other centrally managed water system and a public,
special district or other comparable sewer system;
c) Is located in an area in which multifamily
dwellings are allowed per municipal ordinance;
d) Complies with minimum lot size
requirements in accordance with Title 12 Chapter 423-A; and
e) Owner provides written verification that
each unit of the
housing development is proposed to be connected to adequate
water and wastewater services prior to certification of the development for
occupancy or similar type of approval process. Written verification must
include the following:
i. If a housing unit is
connected to a public, special district or other comparable sewer system, proof
of adequate service to support any additional flow created by the unit and
proof of payment for the connection to the sewer system;
ii. If a housing unit is connected to a
septic system, proof of adequate sewage disposal for subsurface wastewater. The
septic system must be verified as adequate by a local plumbing inspector
pursuant to 30-A M.R.S. §4221. Plans for a subsurface
wastewater disposal must be prepared by a licensed site evaluator in accordance
with 10-144 C.M.R. Ch. 241, Subsurface Wastewater Disposal
Rules.
iii. If a housing
unit is connected to a public, special district or other centrally managed
water system, proof of adequate service to support any additional flow created
by the unit, proof of payment for the connection and the volume and supply of
water required for the unit; and
iv.
If a housing unit is connected to a well, proof of access to potable water,
including the standards outlined in 01-672 C.M.R. Ch. 10 section
10.25(J),
Land Use Districts and Standards. Any test of an existing well
or proposed well must indicate that the water supply is potable and acceptable
for domestic use.
2. Long-Term Affordability
Prior to granting a certificate of occupancy or other final
approval of an affordable housing development, a municipality must require that
the owner of the affordable housing development (1) execute a restrictive
covenant that is enforceable by a party acceptable to the municipality; and (2)
record the restrictive covenant in the appropriate registry of deeds to ensure
that for at least thirty (30) years after completion of construction:
a) For rental housing, occupancy of all the
units designated affordable in the development will remain limited to
households at or below 80% of the local area median income at the time of
initial occupancy; and
b) For owned
housing, occupancy of all the units designated affordable in the development
will remain limited to households at or below 120% of the local area median
income at the time of initial occupancy.
