reglab/statecodes huggingface dataset:
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 104 - PERFORMANCE STANDARDS FOR MULTI-UNIT RESIDENTIAL DWELLINGS, INCLUDING CONDOMINIUM AND CLUSTER DEVELOPMENT › Section 412-104-2 - Definition

Current through 2024-29, July 17, 2024
A multi-unit residential dwelling for the purpose of this
				  standard is a building containing 2 or more separate residential units which
				  building is on land in single, joint or common ownership. The term may include,
				  but is not limited to multifamily rental units, condominiums and cluster
				  development. The maximum number of units to be allowed on a given parcel in the
				  Limited Residential District shall be equal to the maximum number of single
				  family residential lots within the corridor into which the parcel may be
				  subdivided using the following criteria.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 104 - PERFORMANCE STANDARDS FOR MULTI-UNIT RESIDENTIAL DWELLINGS, INCLUDING CONDOMINIUM AND CLUSTER DEVELOPMENT › Section 412-104-3 - Criteria for Approving a Permit for a Multi-Family Use

Current through 2024-29, July 17, 2024
A. All proposed single family lots shall be
				plotted in a sketch plan in a reasonable pattern which makes provision for
				placement of a 24 x 32 foot single family residence on suitable land and in
				conformance with the frontage and setback requirements of the Limited
				Residential District and all other applicable performance standards.
B. The minimum setback of the multi-unit
				residential dwelling shall be not less than the average of the setback
				distances of all single family residences in the submitted sketch
				plan.
C. No multi-unit residential
				dwelling allowed under this standard shall be more than two (2) stories or
				thirty-five (35) feet in height.
D.
				Multi-unit residential dwellings allowed under this standard shall be permitted
				only if it can be demonstrated that the proposed use will result in:
(1) Preservation of open space, recreation
				areas or prime farm land soils;
(2)
				A pattern of development in harmony with the natural features of the land;
				and
(3) More efficient use of the
				land with smaller networks of utilities and streets within the corridor would
				be present if single family residential construction in conformance with this
				chapter were to be proposed.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 104-A - PERFORMANCE STANDARDS FOR MULTI-UNIT USES, INCLUDING CONDOMINIUM AND CLUSTER DEVELOPMENT WITHIN THE GENERAL DEVELOPMENT DISTRICT › Section 412-104-A-1 - Scope

Current through 2024-29, July 17, 2024
This regulation shall be effective in all areas of the Saco
				  River Corridor as defined in Title 38 M.R.S.A. Section
				  953.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 104-A - PERFORMANCE STANDARDS FOR MULTI-UNIT USES, INCLUDING CONDOMINIUM AND CLUSTER DEVELOPMENT WITHIN THE GENERAL DEVELOPMENT DISTRICT › Section 412-104-A-2 - Definition

Current through 2024-29, July 17, 2024
A multi-unit use for the purpose of this standard is a
				  building containing 2 or more separate residential units which building is on
				  land in single, joint, or common ownership. The term may include, but is not
				  limited to multifamily rental units, condominiums, and cluster
				  development.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 104-A - PERFORMANCE STANDARDS FOR MULTI-UNIT USES, INCLUDING CONDOMINIUM AND CLUSTER DEVELOPMENT WITHIN THE GENERAL DEVELOPMENT DISTRICT › Section 412-104-A-3 - Criteria for Approving a Permit for a Multi-Unit Use within the General Development District

Current through 2024-29, July 17, 2024
A. Multi-unit uses
				allowed under this standard shall be permitted only if it can be demonstrated
				that the proposed use will result in:
(1)
				Preservation of open space, recreation areas, or prime farmland
				soils;
(2) A pattern of development
				in harmony with the natural features of the land; and
(3) More efficient use of the land with
				smaller networks of utilities and streets within the corridor would be present
				than if single family residential construction were to be proposed.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 105 - PERFORMANCE STANDARDS FOR CAMPGROUNDS › Section 412-105-1 - Scope

Current through 2024-29, July 17, 2024
This regulation shall be effective in all areas of the Saco
				  River Corridor as defined in Title
				   38 M.R.S.A.
				  Section953.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 105 - PERFORMANCE STANDARDS FOR CAMPGROUNDS › Section 412-105-2 - Definitions

Current through 2024-29, July 17, 2024
A. Campground means any premises established
				for overnight use for the purpose of camping, and for which a fee is
				charged.
B. Camping means a
				temporary stay at a campground facility using a recreational vehicle, tent, or
				other shelter for recreational purposes.
C. Campsite means an area of land within a
				campground to be used specifically for the purpose of camping.
D. Recreational vehicle means any vehicle or
				vehicular attachment designed for temporary sleeping or living quarters for one
				or more persons, including but not limited to travel trailers, motor homes,
				tent trailers, and pick-up campers.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 105 - PERFORMANCE STANDARDS FOR CAMPGROUNDS › Section 412-105-3 - Criteria for Approving a Campground within the Corridor

Current through 2024-29, July 17, 2024
A. Permits for campgrounds are required in
				the Limited Residential District and Resource Protection District. Campgrounds
				that are shown to be related, necessary, and accessory to uses allowed without
				a permit are allowable by permit provided that requirements contained in
				Section 959-A.1. A. through K. are met and provided the use meets the following
				additional performance standards:
(1) A
				campground shall contain a minimum of ten (10) contiguous acres of land, some
				portion of which may be outside the Saco River Corridor. The performance
				standards set forth herein shall only apply to those portions of the campground
				within the Saco River Corridor.
(2)
				The minimum frontage on the river measured at the normal high water line shall
				be 100 feet.
(3) Any campsites
				within 250 feet of the normal high water line of the river, shall be limited to
				tent camping only and shall contain a minimum area of 5,000 square feet and
				such sites shall be laid out so that all tents shall be a minimum of
				seventy-five (75) feet from the normal or mean high water line.
(4) Individual campsites for recreational
				vehicles shall be a minimum of 250 feet from the normal high water line of the
				river and shall contain a minimum of 1,000 square feet (not including
				roads).
(5) All buildings or other
				development, including systems of sewage disposal, shall meet all other
				applicable performance standards as contained in Sections 957-B.3. and 962.
(6) There shall be no retail sales
				in the Resource Protection District. Retail sales in the Limited Residential
				District shall be allowed only if shown to be compatible with existing uses in
				the area as necessary to the campground operation.
(7) No recreational vehicle, tent, or other
				temporary shelter shall be left within a campground for more than 200 days of a
				year.
As contained in Section 959-B, permits granted under these
				  standards shall be subject to reasonable conditions regarding retention of
				  trees, screening, erosion control, etc. as is deemed necessary to avoid the
				  dangers enumerated in Section 959-A.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 106 - PERFORMANCE STANDARDS GOVERNING SAND, GRAVEL, OR TOPSOIL EXCAVATION AND OTHER MINERAL EXPLORATION AND EXTRACTION ACTIVITIES WITHIN THE SACO RIVER CORRIDOR › Section 412-106-1 - Scope

Current through 2024-29, July 17, 2024
This regulation shall be effective in all areas of the Saco
				  River Corridor as defined in Title
				   38 M.R.S.A.
				  Section953.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 106 - PERFORMANCE STANDARDS GOVERNING SAND, GRAVEL, OR TOPSOIL EXCAVATION AND OTHER MINERAL EXPLORATION AND EXTRACTION ACTIVITIES WITHIN THE SACO RIVER CORRIDOR › Section 412-106-2 - Definitions

Current through 2024-29, July 17, 2024
A. Mineral Exploration means hand sampling,
				test boring, or other methods of determining the nature or extent of mineral
				resources, which activities create minimal disturbance to the land and which
				include reasonable measures to restore the land to its original
				conditions.
B. Mineral Extraction
				means any operation which removed within any twelve (12) month period more than
				100 cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat, or
				other like material from its natural location and to transport the product
				removed away from the extraction site.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 107 - PERFORMANCE STANDARDS GOVERNING EXPANSIONS OF EXISTING NONCONFORMING USES, INCLUDING STRUCTURES › Section 412-107-1 - Scope

Current through 2024-29, July 17, 2024
This regulation shall be effective in all areas of the Saco
				  River corridor as defined in Title 38 M.R.S.A. Section
				  953 and shall apply to all
				  nonconforming uses or structures in existence prior to March 19, 1974, and to
				  all nonconforming uses or structures established after March 19, 1974, and
				  which legally exist as a result of the granting of a variance by the
				  commission.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 107 - PERFORMANCE STANDARDS GOVERNING EXPANSIONS OF EXISTING NONCONFORMING USES, INCLUDING STRUCTURES › Section 412-107-2 - Definitions

Current through 2024-29, July 17, 2024
Footprint: The entire area of ground covered by the
				  structure(s) on a lot, including but not limited to cantilevered or similar
				  overhanging extensions, as well as attached structures such as garages, decks,
				  porches or steps.
The terms "expansion," "enlargement," and "extension" shall,
				  for the purposes of these standards, be synonymous and shall mean any increase
				  in the footprint covered by an existing nonconforming use or any increase in
				  any dimension of a nonconforming structure, including height.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 107 - PERFORMANCE STANDARDS GOVERNING EXPANSIONS OF EXISTING NONCONFORMING USES, INCLUDING STRUCTURES › Section 412-107-4 - Additional Criteria Specific to Accessory Structures

Current through 2024-29, July 17, 2024
A. An accessory structure located within 100
				feet of the normal or mean high water line may not be expanded.
An accessory structure located between 100 feet and 250 feet
				  of the normal or mean high water line may not be expanded if it is located
				  closer to the mean or normal high water line than the principal
				  structure.
The footprint area of a legally permitted accessory structure
				  may be included in the calculations of the expansion of another structure on
				  the lot only if the accessory structure is permanently removed.
Saco River Corridor Commission staff reserve the right to
				  grant exceptions for accessory structures that have minimal footprint
				  measurements, included but not limited to fences, flagpoles
				  etc.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 107 - PERFORMANCE STANDARDS GOVERNING EXPANSIONS OF EXISTING NONCONFORMING USES, INCLUDING STRUCTURES › Section 412-107-5 - Additional Conditions Specific to Height Restrictions

Current through 2024-29, July 17, 2024
A. Within an area extending 250 feet from the
				normal or mean high water line of the Saco, Ossipee, or Little Ossipee rivers,
				an existing nonconforming structure that does not meet the required setback or
				frontage requirements may be expanded, reconstructed or replaced if the
				proposed project meets the following additional criteria:
(1) The proposed structure is no larger than
				the area of the footprint of the original structure, except as allowed pursuant
				to Section
				3. E. above. The proposed structure
				does not exceed the height restrictions identified in Table A, except as
				allowed pursuant to Section
				5. A.4. below. The height requirement
				shall not apply to areas of the corridor designated as a General Development
				District prior to September 1, 1983.
Table A
Setback from the Normal or Mean High Water Line
Maximum Height
0 feet to <25 feet setback
15 feet
25 feet to <75 feet setback
20 feet
75 feet to <100 feet setback
25 feet
100 feet to 250 feet setback, and beyond
35 feet
100 feet to 250 feet setback in Resource Protection
							 District
25 feet
(2)
				If the proposed structure meets all criteria above, the existing structure may
				be reconstructed or replaced and also may be expanded in footprint by 30% once
				during the lifetime of the structure.
(3) The standards noted above in subsections
				5.A.(1-2), 3.B, and 3.E. shall not
				apply to areas of the corridor within 100-250 feet from the normal or mean high
				water line of the rivers designated as a General Development District prior to
				September 1, 1983.
(4) The height
				of a structure that is a legally existing nonconforming principal or accessory
				structure may be raised to, but not above, the minimum elevation necessary to
				be consistent with the local floodplain management elevation requirement, as
				long as the structure is relocated, reconstructed or elevated within the
				boundaries of the parcel so that the water body or wetland setback requirement
				is met to the greatest practical extent.
This paragraph applies to structures that:
A. Have been or are proposed to be relocated,
				reconstructed or elevated to be consistent with the local floodplain management
				elevation requirement; and
B. Are
				located in an area of 100-year floodplain.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 107 - PERFORMANCE STANDARDS GOVERNING EXPANSIONS OF EXISTING NONCONFORMING USES, INCLUDING STRUCTURES › Section 412-107-6 - Revegetation Requirements for the Removal, Reconstruction, or Replacement of an Existing Nonconforming Structure in the Corridor

Current through 2024-29, July 17, 2024
A. Any vegetation removed in order to
				reconstruct or replace an existing nonconforming structure must be replaced
				with native species of the same size and species to the extent possible. SRCC
				may require more than a one-for-one replacement planting depending on specific
				circumstances. Replacement vegetation must be replanted no further from the
				water than the vegetation that was removed, unless approved by SRCC. The
				applicant must submit a revegetation plan to the commission along with a
				proposal for development. The SRCC will make the final determination to accept
				or deny the revegetation plan.
Where feasible, when a structure is removed or relocated on a
				  parcel, the original location of the structure shall be revegetated with a
				  combination of native vegetation, size and species to be approved by the
				  Commission.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 107 - PERFORMANCE STANDARDS GOVERNING EXPANSIONS OF EXISTING NONCONFORMING USES, INCLUDING STRUCTURES › Section 412-107-7 - Nonconforming Uses

Current through 2024-29, July 17, 2024
A. An existing
				nonconforming use may not be changed to another nonconforming use unless it is
				determined by the commission that the proposed use will have no greater adverse
				impact on the rivers or lands adjacent to the use than the current existing
				use.
B. The applicant will be
				required to submit a written application for approval of the proposed change of
				use along with documentation addressing any standards concerning the applicable
				environmental factors in Chapter 103. This will allow the commission to
				determine if the proposed change of use will result in a greater adverse impact
				on the land or waterways in the corridor.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 108 - PERFORMANCE STANDARDS FOR PARKING AREAS › Section 412-108-1 - Scope

Current through 2024-29, July 17, 2024
This regulation shall be effective in all areas of the Saco
				  River Corridor as defined in Title
				   38 M.R.S.A.
				  Section953.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 108 - PERFORMANCE STANDARDS FOR PARKING AREAS › Section 412-108-2 - Criteria for Approving a Parking Area within the Corridor

Current through 2024-29, July 17, 2024
A. Parking areas in any district of the
				corridor shall be allowable in that district only if they are to serve a use
				permitted in that district.
B.
				Parking areas in a General Development District shall require a permit from the
				Commission only if fill or deposit of materials will exceed 100 cubic yards.
				Regardless of whether or not a permit is needed under this standard, parking
				areas in a General Development District shall be set back a minimum of fifty
				(50) horizontal feet from the normal or mean high water line as defined in 38
				M.R.S.A. Section952.
C. Parking
				areas in the Limited Residential and Resource Protection Districts of the
				Corridor shall require a permit from the Commission and shall be set back a
				minimum of 100 horizontal feet from the normal or mean high water line as
				defined in 38 M.R.S.A. Section952.
D. The setback standards contained in
				Paragraph 3 above notwithstanding, the setback standard for parking areas
				serving publicly owned boat launching facilities may be reduced to no less than
				fifty (50) feet from the normal or mean high water line if it is demonstrated
				that no other reasonable alternative exists.
E. Parking areas shall be adequately sized
				for the proposed use and shall be designed to prevent stormwater runoff from
				flowing directly into a water body, and, where feasible to retain all runoff
				on-site.
F. In determining the
				appropriate size of proposed parking facilities, the following shall apply:
(1) Typical parking space: Approximately ten
				(10) feet wide and twenty (20) feet long, except that parking spaces for a
				vehicle and boat trailer shall be forty (40) feet long.
(2) Internal travel aisles: Approximately
				twenty (20) feet wide.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 109 - PERFORMANCE STANDARDS FOR THE CONSTRUCTION AND ESTABLISHMENT OF ROADS IN LIMITED RESIDENTIAL AND RESOURCE PROTECTION DISTRICTS OF THE CORRIDOR › Section 412-109-1 - Scope

Current through 2024-29, July 17, 2024
This regulation shall be effective in all areas of the Saco
				  River Corridor as defined in Title
				   38 M.R.S.A.
				  Section953 that are located in the Limited
				  Residential and Resource Protection Districts.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 109 - PERFORMANCE STANDARDS FOR THE CONSTRUCTION AND ESTABLISHMENT OF ROADS IN LIMITED RESIDENTIAL AND RESOURCE PROTECTION DISTRICTS OF THE CORRIDOR › Section 412-109-2 - Definitions

Current through 2024-29, July 17, 2024
For the purposes of these standards, the term "road" shall
				  have the following meaning: A route or track consisting of a bed of exposed
				  mineral soil, gravel, asphalt, or other surfacing material constructed for or
				  created by the repeated passage of vehicular traffic. The term shall exclude
				  temporary logging roads which do not result in substantial recontouring of the
				  land and that are intended to be abandoned and naturally revegetated within 12
				  months or less. The term shall also exclude private driveways serving single
				  family residences or other privately owned permitted uses, which private
				  driveways do not exceed 100 feet in length and which do not extend to within
				  seventy-five (75) feet of the normal high water line of any surface water
				  within the corridor. Such private driveways may require a permit from the
				  Commission, but shall not be subject to the standards governing road
				  construction, except as may be required as a condition of any permit or
				  variance.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 109 - PERFORMANCE STANDARDS FOR THE CONSTRUCTION AND ESTABLISHMENT OF ROADS IN LIMITED RESIDENTIAL AND RESOURCE PROTECTION DISTRICTS OF THE CORRIDOR › Section 412-109-3 - Criteria for Approving the Construction of a Road within the Corridor

Current through 2024-29, July 17, 2024
A. Roads shall be located, constructed, and
				maintained in such a manner that minimal erosion hazard results. Adequate
				provision shall be made to prevent soil erosion and sedimentation of surface
				waters.
B. All roads shall be
				located and construction such that:
(a) Road
				crossings of watercourses shall be kept to the minimum number necessary. Where
				watercourse crossings are necessary, they shall be constructed to cross the
				watercourse at a right angle to the fullest extent possible;
(b) Bottoms of culverts shall be installed at
				stream bed elevation;
(c) Any
				bridges or culverts at stream or swale crossings shall be designed, installed
				and maintained to allow the passage of maximum anticipated streamflow and,
				where relevant, the passage of fish; and
(d) All cut or fill banks and areas of
				exposed mineral soil shall be revegetated or otherwise stabilized as soon as
				possible.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 109 - PERFORMANCE STANDARDS FOR THE CONSTRUCTION AND ESTABLISHMENT OF ROADS IN LIMITED RESIDENTIAL AND RESOURCE PROTECTION DISTRICTS OF THE CORRIDOR › Section 412-109-4 - Other

Current through 2024-29, July 17, 2024
An excellent guide to planning and constructing roads is
				  Erosion Control on Logging Jobs, which is Section 6 of the Land Use Handbook
				  published by the Maine Land Use Regulation Commission. Although it deals
				  primarily with logging roads, it provides useful guidelines on such aspects of
				  road construction as road placement and layout, filter strips, culvert
				  installation, etc. A copy may be obtained by writing to: Maine Land Use
				  Regulation Commission, 22 Statehouse Station, Augusta, Maine 04333.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 1 - BYLAWS AND ADMINISTRATION OF THE FINANCE AUTHORITY OF MAINE › Section 457-1-1 - ANNUAL BUDGET

Current through 2024-29, July 17, 2024
The members of the Authority shall approve an annual budget
				  for the next fiscal year, no later than June 30th
				  annually.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 1 - BYLAWS AND ADMINISTRATION OF THE FINANCE AUTHORITY OF MAINE › Section 457-1-2 - ADMINISTRATIVE FUNCTIONS

Current through 2024-29, July 17, 2024
The Chief Executive Officer of the Authority is authorized to
				  carry out all administrative functions of the Authority, including adoption of
				  a seal, establishment of an office, appearing in or instituting legal
				  proceedings, investing funds, transferring registered bonds, making
				  determinations pertaining to confidentiality of records, carrying out any
				  resolution of the members or agreement of the Authority and employing experts,
				  officers, agents and other personnel and determining their qualifications,
				  duties and compensation.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 1 - BYLAWS AND ADMINISTRATION OF THE FINANCE AUTHORITY OF MAINE › Section 457-1-4 - ADVISORY RULINGS

Current through 2024-29, July 17, 2024
The Chief Executive Officer is authorized to issue nonbinding
				  advisory rulings as to the applicability of the Finance Authority of Maine Act
				  (the "Act") or the Authority's rules to the applicant, its property or
				  circumstances. Requests for advisory rulings must be in writing and must
				  specifically identify the section or provision of the statute or rule on which
				  the ruling is sought. The Chief Executive Officer may decline to issue any
				  ruling if the request is not sufficiently specific, is not accompanied by
				  adequate information, does not adequately identify the applicant or the purpose
				  for which the ruling is sought, or if the Chief Executive Officer determines
				  that issuance of a ruling would not assist the applicant or would be contrary
				  to the purposes of the Act. All rulings shall be in writing. Rulings shall not
				  be binding upon the Authority. The Authority may charge an applicant for a
				  ruling the Authority's actual, out-of-pocket costs and expenses, if any, in
				  preparing any ruling.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 1 - BYLAWS AND ADMINISTRATION OF THE FINANCE AUTHORITY OF MAINE › Section 457-1-5 - HEARING PROCEDURES

Current through 2024-29, July 17, 2024
In any case where applicable law or rule requires the
				  Authority to conduct a hearing on an application and any objection is received
				  with respect to such application from a competitor or a member of the public,
				  the hearing shall be conducted substantially as follows:
A. The applicant shall make a statement in
				support of the application, addressing the findings required to be made by the
				Authority in considering the application. The Authority and objectors may ask
				questions of the applicant.
B.
				Opponents shall be given an opportunity to state the basis of their objections
				to the application.
C. The
				applicant shall be given an opportunity to respond to the objections
				presented.
D. The Authority may
				require additional information, and may continue the hearing to a later date or
				specify a period within which it will accept further evidence, but shall not be
				obligated to do so.
The Authority may, in its discretion, retain a court reporter
				  or otherwise make a record of the hearing, and the applicant shall be
				  responsible for any costs and expenses of making the record.
If the Authority must conduct a hearing on any other matter,
				  the procedure shall be substantially similar to the foregoing, adapted as
				  circumstances require.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 2 - RULES FOR THE AWARD OF CONTRACTS FOR SERVICES FOR THE HIGHER EDUCATION LOAN PURCHASE PROGRAM › Section 457-2-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A. Chief Executive Officer. "Chief executive
				officer" means the authority's chief executive officer or a person acting under
				the supervisory control of the chief executive officer.
B. Best-Value Proposal. "Best-value proposal"
				means the proposal that the authority determines best meets the needs of the
				authority considering all relevant factors.
C. Contract. "Contract" means the agreement
				between a vendor and the Authority describing the service to be performed, the
				terms and conditions agreed to by the parties, the cost of the service and how
				payment will be made.
D. Request
				for Proposal. "Request for proposal" means a document listing the scope of
				work, requirements of the Board and all evaluation criteria for a service
				needed by the Authority. This document is also known by the initials
				"RFP."
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 2 - RULES FOR THE AWARD OF CONTRACTS FOR SERVICES FOR THE HIGHER EDUCATION LOAN PURCHASE PROGRAM › Section 457-2-2 - REQUEST FOR PROPOSAL PROCEDURE

Current through 2024-29, July 17, 2024
A. All contracts
				for administrative services that do not qualify as sole source or emergency
				procurements must be competitively bid using a RFP.
B. The RFP must contain a clear description
				of the project, the evaluation criteria and relative scoring weights, if any,
				to be applied, the proposal opening date and time, and agency contact person.
1 The cost of the contract must be included
				in the evaluation criteria.
2 All
				RFPs will provide that respondents must include evidence satisfactory to the
				Authority that the respondent will be acceptable to nationally recognized bond
				insurance and rating agencies for the services they propose to provide, if the
				bond issue will require, respectively, insurance or a bond rating.
3 All proposals shall be opened publicly at
				the Authority main office or the location specified in the RFP. Proposals
				received at the Authority main office after the advertised opening time shall
				be rejected, unless the advertised opening date and time have been extended by
				the chief executive officer due to circumstances requiring such an extension of
				time.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 2 - RULES FOR THE AWARD OF CONTRACTS FOR SERVICES FOR THE HIGHER EDUCATION LOAN PURCHASE PROGRAM › Section 457-2-3 - AWARD

Current through 2024-29, July 17, 2024
A. The chief executive officer is responsible
				for reviewing all RFPs based on the criteria established within the original
				Request for Proposal document. The chief executive officer shall document
				scoring, substantive information that supports the scoring, and make the award
				decision, which shall be subject to approval by Authority members at a general
				meeting.
1 Interviews/Presentations:
				Interviews and/or presentations may be considered within the review for
				information and scoring, if that provision was included within the original RFP
				documentation.
2
				Pricing/Negotiations: Pricing changes or negotiations may be used to clarify a
				proposal, or to allow comparability among the proposals. Negotiations after
				notice of award are allowed and if agreement cannot be reached, the proposal
				may be rejected and the award made to the next best-value respondent who was in
				compliance with all terms, conditions, and requirements.
3 Award: The award must be made to the
				best-value respondent, taking into consideration the type of services to be
				provided, their conformity with the specifications, the purposes for which they
				are required, and the best interests of the authority.
4 Proposed Award Decision Notification: The
				Authority must notify all bidders responding to an RFP of the award decision in
				writing, postmarked or delivered a minimum of fourteen (14) calendar days prior
				to contract effective date. This notice must include a statement that the award
				is conditional pending approval by the Authority at a meeting of its
				members.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 2 - RULES FOR THE AWARD OF CONTRACTS FOR SERVICES FOR THE HIGHER EDUCATION LOAN PURCHASE PROGRAM › Section 457-2-4 - APPEAL

Current through 2024-29, July 17, 2024
A. The action of the members of the Board in
				approving the chosen respondent shall be final agency action of the
				Authority.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 3 - CERTIFICATE OF APPROVAL PROCESS FOR LORING DEVELOPMENT AUTHORITY PROJECTS › Section 457-3-1 - Definitions

Current through 2024-29, July 17, 2024
A. Reference to Act Definitions.
Certain terms used in this rule, which are defined in the
				  Finance Authority of Maine Act,
				   10 M.R.S.A.
				  Section961 and following (the Act), shall
				  have the meanings set forth in the Act, unless clearly specified otherwise or
				  unless the context clearly indicates otherwise.
B. Defined Terms.
1. "Authority" means the Finance Authority of
				Maine.
2. "Borrower" means a person
				or entity that is the principal user of a project financed by bonds issued by
				the Loring Development Authority and includes the Loring Development Authority
				when appropriate.
3. "Certificate
				of Approval" means a certificate of the Authority recommending the terms of
				financing for a bond project, which recommendation may be subject to the
				satisfaction of reasonable conditions.
4. "Chief executive officer" means the
				Authority's chief executive officer or a person acting under the supervisory
				control of the chief executive officer.
5. "Members" means the members of the
				Authority's board of directors appointed pursuant to the Act.
6. "Project" means the facility, equipment or
				other business assets acquired or financed with the proceeds of bonds issued by
				the Loring Development Authority pursuant to
				 5 M.R.S.A.
				§13080-G(2).
7. "State" means the State of
				Maine.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 3 - CERTIFICATE OF APPROVAL PROCESS FOR LORING DEVELOPMENT AUTHORITY PROJECTS › Section 457-3-2 - Request by the Loring Development Authority

Current through 2024-29, July 17, 2024
The Loring Development Authority may request that the
				  Authority issue a Certificate of Approval. Each request for a Certificate of
				  Approval must be accompanied by:
A.
				Project Information.
General information identifying and describing the borrower,
				  the proposed project, the proposed guarantors, if any, the proposed financing
				  of the project as specified in the application form and as otherwise requested
				  by the chief executive officer, and shall include evidence of management and
				  planning capability of the borrower, evidence pertaining to the project's
				  proposed plan of financing, including effective written commitments from all
				  sources of financing for the project, evidence of the economic feasibility of
				  the project, including market information and a business plan, a description of
				  the proposed collateral , pro forma financial statements, historical financial
				  statements, if applicable, guarantor and personal financial statements, if
				  applicable, and such other evidence or information as the chief executive
				  officer or the application form may reasonably require. The chief executive
				  officer will review each application for completeness and eligibility.
				  Applications that are not substantially complete may be deemed not received
				  until completed and the chief executive officer shall promptly inform the
				  Loring Development Authority of the basis for any such determination. The chief
				  executive officer shall, in the reasonable exercise of discretion, determine
				  when an application is received, which determination shall be final.
B. A nonrefundable application fee
				equal to 2% of the proposed financing amount up to a maximum fee of
				$10,000.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 3 - CERTIFICATE OF APPROVAL PROCESS FOR LORING DEVELOPMENT AUTHORITY PROJECTS › Section 457-3-3 - Authority Review

Current through 2024-29, July 17, 2024
In undertaking its review of the Request for Certificate of
				  Approval the Authority, and in addition to reviewing all materials submitted,
				  may require reasonable analyses by third parties, including without limiting
				  the foregoing: feasibility studies; appraisals; engineering, environmental and
				  industry analyses, at the expense of the Loring Development Authority.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 3 - CERTIFICATE OF APPROVAL PROCESS FOR LORING DEVELOPMENT AUTHORITY PROJECTS › Section 457-3-4 - Criteria and Considerations

Current through 2024-29, July 17, 2024
A. No application
				for a Certificate of Approval for a proposed project seeking a commitment of
				the moral obligation of the State will be approved unless the borrower, or the
				borrower and guarantor combined, meets or exceeds the following financial
				performance and collateral criteria, as determined by the Authority (provided
				that new ventures are not ineligible, but must clearly demonstrate the ability
				to be profitable or otherwise show on a pro forma basis the ability to satisfy
				the following criteria, as applicable):
1.
				Profitability for the most recent three years of operations, if
				available;
2. Minimum ratio of
				current assets to current liabilities of 1.25 to 1;
3. Maximum ratio of total debt to net worth
				of 3 to 1;
4. Minimum debt service
				coverage ratio of 1.25 to 1 (net income after taxes, plus interest and
				depreciation, divided by annual debt service, both current and
				proposed);
5. Recent financial
				performance consistent with the applicable median quartile of firms in
				comparable businesses as reported in RMA Annual Statement Studies, if
				available.
6. Sufficient collateral
				on a discounted basis
In its discretion, the Authority may waive one or more of the
				  above criteria if the Authority determines that the borrower has demonstrated a
				  strong likelihood of being able to repay the loan, or in the event that the
				  borrower causes to be provided to the Authority an irrevocable letter of credit
				  or other similar instrument or undertaking which the Authority deems sufficient
				  to provide adequate third party security for repayment of the loan and which is
				  in form and content satisfactory to the Authority.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 3 - CERTIFICATE OF APPROVAL PROCESS FOR LORING DEVELOPMENT AUTHORITY PROJECTS › Section 457-3-5 - Approval by the members

Current through 2024-29, July 17, 2024
Prior to the Authority's issuance of a Certificate of
				  Approval, the members shall consider the proposed issuance of a Certificate of
				  Approval at a public meeting.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 3 - CERTIFICATE OF APPROVAL PROCESS FOR LORING DEVELOPMENT AUTHORITY PROJECTS › Section 457-3-6 - Terms and Conditions

Current through 2024-29, July 17, 2024
A. Loans must be
				secured by collateral having a fair market value (ordinarily determined by
				appraisal) sufficient to provide adequate security for the loan. The Authority
				may, in the reasonable exercise of its judgment, require assignments of leases
				or contracts in favor of the Loring Development Authority or one or more
				trustees acting on behalf of the bondholders, as applicable, secured or
				unsecured personal or corporate guarantees, and letters of credit.
B. Any project approved for a Certificate of
				Approval shall include covenants requiring the borrower to:
1. Make periodic payments of principal and
				interest;
2. Pay any taxes and
				governmental charges assessed against the borrower or the collateral;
3. Comply with all applicable federal, state
				and local laws, regulations and ordinances;
4. Make any lease payments imposed on
				borrower in connection with the project;
5. Obtain, maintain and pay for insurance
				against damage to or loss of the collateral;
6. Maintain and repair the
				collateral;
7. Permit the Loring
				Development Authority or its agent to inspect the collateral and to inspect and
				copy the borrower's books and records at any reasonable time;
8. Provide to the Loring Development
				Authority periodic financial reports in form and content, at times and for
				periods acceptable to the Loring Development Authority and prepared by persons
				acceptable to the Loring Development Authority and also provide to the Loring
				Development Authority, when specifically requested, annual income tax
				returns;
9. Refrain from
				transferring any interest in the collateral without the Loring Development
				Authority's prior written consent;
10. Repay any advances necessary to protect
				the collateral or enforce the rights of the Loring Development
				Authority;
11. Execute such further
				assurances as may be reasonably required;
12. Keep the collateral free from liens and
				encumbrances not approved in advance in writing by the Loring Development
				Authority; and
13. If the bonds are
				tax-exempt, take such action as may be necessary to preserve the tax-exempt
				status of the bonds.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 3 - CERTIFICATE OF APPROVAL PROCESS FOR LORING DEVELOPMENT AUTHORITY PROJECTS › Section 457-3-7 - Fees and Other Charges

Current through 2024-29, July 17, 2024
The Authority and the Loring Development Authority will enter
				  into a contractual agreement that will provide for fees to be paid to the
				  Authority for services provided in reviewing applications for Certificates of
				  Approvals. Such contracts may be per project or for a set duration of time as
				  determined by the Authority and the Loring Development Authority. The
				  application fee charged pursuant to paragraph 2(B) above, will be applied to
				  the fees charged pursuant to the contract described in this paragraph 7.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 3 - CERTIFICATE OF APPROVAL PROCESS FOR LORING DEVELOPMENT AUTHORITY PROJECTS › Section 457-3-8 - Waiver of Rule

Current through 2024-29, July 17, 2024
The chief executive officer may waive any requirement of this
				  rule, except to the extent that the requirement is mandated by the Act, in
				  cases where the deviation from the rule is insubstantial and is not contrary to
				  the purposes of the program.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 5 - CERTIFICATE OF APPROVAL PROCESS FOR MIDCOAST REGIONAL REDEVELOPMENT AUTHORITY PROJECTS › Section 457-5-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1. Reference to Act Definitions. Certain
				terms used in this rule, which are defined in the Finance Authority of Maine
				Act, 10 MRSA Section961 and following (the Act), shall have the meanings set
				forth in the Act, unless clearly specified otherwise or unless the context
				clearly indicates otherwise.
2.
				Defined Terms
A. "Authority" means the
				Finance Authority of Maine.
B.
				"Borrower" means a person or entity that is the principal user of a project
				financed by bonds issued by the Midcoast Regional Redevelopment Authority and
				includes the Midcoast Regional Redevelopment Authority when
				appropriate.
C. "Certificate of
				Approval" means a certificate of the Authority recommending the terms of
				financing for a bond project, which recommendation may be subject to the
				satisfaction of reasonable conditions.
D. "Chief executive officer" means the
				Authority's chief executive officer or a person acting under the supervisory
				control of the chief executive officer.
E. "Members" means the members of the
				Authority's board of directors.
F.
				"Project" means the facility, equipment or other business assets acquired or
				financed with the proceeds of bonds issued by the Midcoast Regional
				Redevelopment Authority pursuant to 5 MRSA §13083-N.
G. "State" means the State of
				Maine.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 5 - CERTIFICATE OF APPROVAL PROCESS FOR MIDCOAST REGIONAL REDEVELOPMENT AUTHORITY PROJECTS › Section 457-5-2 - REQUEST BY THE MIDCOAST REGIONAL REDEVELOPMENT AUTHORITY

Current through 2024-29, July 17, 2024
The Midcoast Regional Redevelopment Authority may request
				  that the Authority issue a Certificate of Approval. Each request for a
				  Certificate of Approval must be accompanied by:
1. Project Information. General information
				identifying and describing the borrower, the proposed project, the proposed
				guarantors, if any, the proposed financing of the project as specified in the
				application form and as otherwise requested by the chief executive officer, and
				shall include evidence of management and planning capability of the borrower,
				evidence pertaining to the project's proposed plan of financing, including
				effective written commitments from all sources of financing for the project,
				evidence of the economic feasibility of the project, including market
				information and a business plan, a description of the proposed collateral, pro
				forma financial statements, historical financial statements, if applicable,
				guarantor and personal financial statements, if applicable, and such other
				evidence or information as the chief executive officer may reasonably require.
				The chief executive officer will review each application for completeness and
				eligibility. Applications that are not substantially complete may be deemed not
				received until completed and the chief executive officer shall promptly inform
				the Midcoast Regional Redevelopment Authority of the basis for any such
				determination. The chief executive officer shall, in the reasonable exercise of
				discretion, determine when an application is received, which determination
				shall be final.
2. A nonrefundable
				application fee equal to 2% of the proposed financing amount up to a maximum
				fee of $2,500.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 5 - CERTIFICATE OF APPROVAL PROCESS FOR MIDCOAST REGIONAL REDEVELOPMENT AUTHORITY PROJECTS › Section 457-5-3 - AUTHORITY REVIEW

Current through 2024-29, July 17, 2024
In undertaking its review of the Request for Certificate of
				  Approval the Authority, and in addition to reviewing all materials submitted,
				  may require reasonable analyses by third parties, including without limiting
				  the foregoing: feasibility studies; appraisals; engineering, environmental and
				  industry analyses, at the expense of the Midcoast Regional Redevelopment
				  Authority.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 5 - CERTIFICATE OF APPROVAL PROCESS FOR MIDCOAST REGIONAL REDEVELOPMENT AUTHORITY PROJECTS › Section 457-5-4 - DEPARTMENT OF ENVIRONMENTAL PROTECTION REVIEW

Current through 2024-29, July 17, 2024
For all projects requiring financing in excess of $1,000,000
				  and in other instances where the authority determines it is appropriate, the
				  authority shall obtain a written assessment from the Department of
				  Environmental Protection of the environmental conditions known by the
				  department to exist at a project location.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 5 - CERTIFICATE OF APPROVAL PROCESS FOR MIDCOAST REGIONAL REDEVELOPMENT AUTHORITY PROJECTS › Section 457-5-5 - APPROVAL BY THE MEMBERS

Current through 2024-29, July 17, 2024
The members shall consider the proposed issuance of a
				  Certificate of Approval at a public meeting. In order to issue a Certificate of
				  Approval, the Authority must find that there is a reasonable likelihood that
				  that the income, proceeds, revenues and other funds of the Midcoast Regional
				  Redevelopment Authority derived or held for the activities under 5 MRSA chapter
				  383, subchapter 3, Article 2-B or otherwise pledged to the payment of the bonds
				  will be sufficient to pay the principal, interest and all other amounts that
				  may at any time become due and payable under the bonds.