Sec. 1. 30-A MRSA §4360, as enacted by PL 2001, c. 591, §1, is repealed and the following enacted in its place:

§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 temporary 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 temporary growth rate ordinance is enacted for a definite term, not to exceed 2 years, unless the municipality is granted an exception pursuant to rules established by the office.__Rules adopted pursuant to this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A; and

C.__A municipality may not enact a temporary growth rate ordinance more than once during any 10-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.__An adopted comprehensive plan that is consistent with the planning and land use regulation laws under this chapter;

B.__A clear justification in the comprehensive plan under paragraph A 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;