Pursuant to 30-A M.R.S.A. §§ 3001 and 4352(8), contract zoning is hereby authorized for the rezoning of property where, due to the unusual nature or unique location of the development proposed, the Town finds it necessary or appropriate to allow flexibility for the development of the land, and for the Town to be able to impose conditions or restrictions that are not generally applicable to other properties similarly zoned by an agreement with the applicant.

Use of the provisions of this article shall be limited to where a rezoning is requested by the owner of the property or by an applicant with a legal interest in the property. All rezoning under this article shall be consistent with the Town of Alfred's Comprehensive Plan and consistent with existing and permitted uses within the original zones. A change in zoning under this article shall not exempt the use or development of the property from any standards or requirements otherwise imposed by this article. Contract zoning is not available to rezone any portion of the Wellhead Protection Districts 1 through 3, as defined and laid out in Articles XII, XIII, and XIV.

Contract zoning shall promote the general welfare of the residents of the Town of Alfred. The Board of Selectmen shall authorize a contract zoning request for placement on the Town Warrant only if it determines that the proposed contract zoning is in the public interest, will have beneficial effects on the Town as a whole that would not result if the property were developed under the existing zoning district classification, and is in compliance with all applicable requirements under Maine law. Guidelines for the Planning Board and the Board of Selectmen in making those determinations are set forth in § 160-170 of this article.

All applications for rezoning under this article shall be subject to approval by a vote of Town Meeting.

The applicant proposing contract zoning shall submit an application to the Code Enforcement Officer which shall contain, at minimum, all of the following items:

The Code Enforcement Officer shall determine whether the contract zoning application is complete, and no meeting or public hearing may be scheduled until the requirements of submission are satisfied.

The Planning Board shall review the contract zoning application at a regularly scheduled Planning Board meeting. The applicant shall attend and present the application to the Planning Board.

The Board of Selectmen shall review the contract zoning application and set the date of the public hearing at a regularly scheduled Board of Selectmen meeting. The applicant shall attend and present the application to the Selectmen.

The Board of Selectmen and the Planning Board shall give notice of and conduct a public hearing as required by Title 30-A M.R.S.A. § 4352(8). Notice shall be posted in the Town office, and other locations where such notices are typically posted, at least 14 days prior to the public hearing. The Town, at the applicant's expense, shall publish notice of the hearing in a newspaper of general circulation at least two times, with the date of first publication being at least seven days before the date of the public hearing. The Town, at the applicant's expense, shall also mail by certified mail, at least 10 days prior to the public hearing, notice of the hearing to the owners of the property to be rezoned and to the owners of all properties within 500 feet of the property or area subject to the contract zoning agreement . All such notices described herein shall contain a copy of the proposed conditions and restrictions contained within the contract zoning application and a map indicating the property to be rezoned.

The Board of Selectmen and the Planning Board shall hold a joint meeting and public hearing to discuss the proposed contract zoning amendment.

If the Board of Selectmen, by majority vote, recommends the proposed contract zoning amendment, it shall be placed on the warrant for the next Town Meeting. All conditions or additional amendments approved by the Board of Selectmen to the proposed contract zone shall be incorporated into the contract zoning agreement prior to placement on the Town Meeting warrant.

Notice of the Town Meeting required to amend a zoning ordinance and/ or map shall be posted as required by 30-A M.R.S.A. § 4352(9). The Warrant Article shall set out all conditions upon which the property is proposed to be rezoned, and shall identify the property by reference to book and page of the current deed or deeds to the property and by map and lot as shown on the Town Tax Maps.

Upon adoption by the Town Meeting, the Town Clerk shall certify a copy of the contract zoning Warrant Article for recording at the York County Registry of Deeds at the expense of the applicant. The zoning change shall not become effective until the certified copy of the rezoning Warrant Article has been duly recorded by the Register of Deeds. The rezoned property shall thereafter be shown on the Official Zoning Map, and a copy of the contract zoning agreement and any ancillary agreements shall be added as an appendix to this article.

The applicant shall be responsible for all fees as set by the municipal officers according to § 160-156 and shall be responsible for all costs incurred by the Town during the process of the application, including, but not limited to, notices, public hearing(s), the final determining vote by Town Meeting, legal, planning and engineering fees and recording of the contract. The rezoning shall not be placed before Town Meeting until the fees are paid in full.

If the Selectmen and the applicant agree to hold a Special Town Meeting for the contract zone amendment, prior to the next regularly scheduled Town Meeting, the applicant shall be responsible for all fees incurred by the Town in order to hold the Special Town Meeting. These fees shall be paid prior to the Special Town Meeting. If the fees are not paid in full by the date of the Special Town Meeting and the rezoning is approved by vote, the application shall not be heard by the Planning Board until the fees are paid in full.

Following the adoption of the contract zone by a vote of Town Meeting and before any permits are issued, the proposed development must either:

Any rezoning affecting shoreland areas as identified by the Town of Alfred Zoning Ordinance shall not take effect until approved by the Commissioner of Environmental Protection as required by Title 38 M.R.S.A § 438-A(3).

The contract zoning agreement shall include a provision granting the Town of Alfred the power to enforce all conditions and restrictions through enforcement action pursuant to this article and through legal action when necessary.

Conditions and restrictions imposed under the authority of this article shall relate only to the physical development and operation of the property. By way of example, these conditions and restrictions may include but are not limited to:

The conditions and restrictions set forth in the contract zoning agreement shall run with the land and bind all future owners of the land and any other person who claims an interest in the property. These conditions and restrictions may only be removed by action of voters at Town Meeting expressly removing, relieving or discharging one or more of the specific conditions or restrictions.

The contract zoning agreement may allow for changes or modifications to the development but the procedure for approval of such changes must be specified in the agreement.

As part of the contract zoning agreement, the Board of Selectmen may, but is not obligated to, require a bond, escrow agreement, irrevocable letter of credit, or other surety in such amount as is reasonably necessary to ensure compliance with the conditions or restrictions required by the rezoning; and where necessary to ensure continued compliance, may require such surety to remain in effect after occupancy of the rezoned property. Such surety shall be posted before the agreement is recorded in the Registry of Deeds.