Section 071-61-7 - SITE SELECTIONTo receive Site Approval by the State Board a site must conform to the following requirements:
1.Site RequirementsSchool building sites shall have sufficient usable land to provide for the following:
A. Such structures as are needed for the education program and any necessary adjunct services such as a well or septic system,B. Safe access for vehicles and pedestrians including appropriate separation of private vehicles, school buses and service and delivery vehicles,C. Reasonable future additions to the project,D. Appropriate recreation areas and playing fields, andE. Sufficient parking for staff, visitors and reasonable community use. Site requirements may be met by adding together non-contiguous parcels of land when those parcels safely support the educational programs of the school.
2.Maximum State-Subsidized Site SizeA. Maximum reimbursable site size for elementary schools is defined as 20 acres plus one (1) acre for each 100 students.B. Maximum reimbursable site size for middle schools (any combination of two (2) or more grades (5 through 8)) is 25 acres plus one (1) acre for each 100 students.C. Maximum reimbursable site size for secondary schools is defined as 30 acres plus one (1) acre for each 100 students.D. Maximum site size for other grade configurations shall be based on the highest grade level included in the project.3.LocationA. The selection of sites for new school facilities shall be in compliance with the provision of 30-A M.R.S.A. Chapter 187, subchapter II, and any local ordinances governing the location of school buildings. 30-A M.R.S.A. Chapter 187, subchapter II, also known as the Municipal Growth Management Law, includes provisions for municipal development and administration of local comprehensive plans. Applications for school construction projects shall include reference to and assurance of compliance with local comprehensive plans when they exist.B.Site Investigation - An SAU shall conduct a Department of Environmental Protection Phase I Environmental Assessment of the prior uses of the proposed site.C. Consideration should be given to providing the minimum travel distance for the maximum number of students.4.School Site AppraisalA.Appraised Value -(1) Application for approval of a new school building site must be accompanied by an option to purchase the land and two certified appraisals based on similar recent purchases. The average of the two appraisals is defined by the State Board as the "appraised value." If the lower of the two appraisals varies from the higher by more than 25 percent of the lower appraisal, a third appraisal must be secured and the average of the three appraisals will become the appraised value.(2) When information on similar recent purchases is not available, other methods of determining value may be used with the approval of the Commissioner.B.Cost Limitation - The maximum amount eligible to be included in the state funding of school construction projects shall be the appraised value of each school site, limited to the maximum approved site size.C.Title - An SAU must demonstrate to the State that the unit can obtain a clear title to the property without encumbrances.5.Funding RestrictionsA. The cost of land acquired for a Major Capital School Construction project to the extent that it exceeds the maximum site size shall be entirely at the SAU's expense and shall not be eligible for state subsidy. State subsidy will only apply to the acreage approved by the State Board and shall be at the rate of the average cost per acre for the entire site.B. Sites acquired prior to receiving State Board Site Approval must meet all of the following requirements:(1) the SAU is placed on the Approved Projects List; and(2) the site receives State Board Site Approval; and(3) the cost that is eligible for subsidy shall be either the purchase price of the site, or the current appraised value as determined by the procedure detailed in subsection 4 paragraph A of this section, whichever is less.6.Approval by State Board The final decision on school Site Approval rests solely with the State Board, which shall be guided by the requirements of State Board Rules Chapter 60, New School Siting Approval.
05-071 C.M.R. ch. 61, § 7