Sec. 1. 30-A MRSA §4360 is enacted to read:

§4360.__Rate of growth ordinances

A municipality may enact an ordinance under its home rule authority limiting the number of building or development permits issued over a designated time frame, referred to in this section as a "growth rate ordinance," only under the following circumstances.

1. Temporary growth rate ordinance.__A temporary growth rate ordinance must meet the following requirements:

A.__The growth rate ordinance is needed to provide time for the municipality while it takes specific actions to improve facilities or services needed to accommodate growth;

B.__The growth rate ordinance is enacted for a definite term, not to exceed one year; and

C.__A municipality may not enact a temporary growth rate ordinance more than once during any 5-year period.

2. Ongoing growth rate ordinance.__An ongoing growth rate ordinance may be enacted only as part of an integrated growth management strategy that includes the following components:

A.__A comprehensive plan adopted under the planning and land use regulation laws under this chapter;

B.__A clear justification in the comprehensive plan that:

(1)__Identifies existing or projected capacity problems regarding municipal facilities and services;

(2)__Provides a strategy in the capital investment plan for increasing capacity regarding municipal facilities and services;

(3)__Links the proposed growth rate ordinance to an allocation of existing and future capacity regarding municipal facilities and services;

(4)__Provides a basis for the amount of growth to be allowed under the growth rate ordinance that considers the municipality's historic growth rates and its reasonable share of future growth anticipated in the region;