hb 0650

CHAPTER 178

HB 650-FN - FINAL VERSION

AN ACT relative to master plans.

SPONSORS: Rep. M. Fuller Clark, Rock 36; Rep. Melcher, Hills 11; Rep. Brundige, Hills 18; Rep. Dokmo, Hills 14; Rep. Spang, Straf 8; Sen. Fernald, Dist 11; Sen. Below, Dist 5

This bill makes the vision section and the land use section the only mandatory sections of a master plan and provides for certain optional sections.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to master plans.

Be it Enacted by the Senate and House of Representatives in General Court convened:

178:1 Purpose. Growth and development are changing the look and feel of New Hampshire, against the desires of most citizens. New updated legislation with a wider range of tools, beginning with the master plan, the "big picture" of the community, will provide more definitive guidance in planning and managing future growth. Since local plans and ordinances impact not only the local scene, but the region's as well, this act calls strongly for planning to be conducted in the context of the wider area, so as to protect the special historical and cultural qualities of the municipality, the region, and the state. Finally, this act recommends that the individual sections of the plan be consistent with each other.

178:2 Local Land Use; Master Plans; Purpose and Description. RSA 674:2 is repealed and reenacted to read as follows:

I. The purpose of the master plan is to set down as clearly and practically as possible the best and most appropriate future development of the area under the jurisdiction of the planning board, to aid the board in designing ordinances that result in preserving and enhancing the unique quality of life and culture of New Hampshire, and to guide the board in the performance of its other duties in a manner that achieves the principles of smart growth, sound planning, and wise resource protection.

II. The master plan shall be a set of statements and land use and development principles for the municipality with such accompanying maps, diagrams, charts and descriptions as to give legal standing to the implementation ordinances and other measures of the planning board. Each section of the master plan shall be consistent with the others in its implementation of the vision section. The master plan shall be a public record subject to the provisions of RSA 91-A. The master plan shall include, at a minimum, the following required sections:

(a) A vision section that serves to direct the other sections of the plan. This section shall contain a set of statements which articulate the desires of the citizens affected by the master plan, not only for their locality but for the region and the whole state. It shall contain a set of guiding principles and priorities to implement that vision.

(b) A land use section upon which all the following sections shall be based. This section shall translate the vision statements into physical terms. Based on a study of population, economic activity, and natural, historic, and cultural resources, it shall show existing conditions and the proposed location, extent, and intensity of future land use.

(a) A transportation section which considers all pertinent modes of transportation and provides a framework for both adequate local needs and for coordination with regional and state transportation plans. Suggested items to be considered may include but are not limited to public transportation, park and ride facilities, and bicycle routes, or paths, or both.

(b) A community facilities section which identifies facilities to support the future land use pattern of subparagraph II(b), meets the projected needs of the community, and coordinates with other local governments' special districts and school districts, as well as with state and federal agencies that have multi-jurisdictional impacts.

(c) An economic development section which proposes actions to suit the community's economic goals, given its economic strengths and weaknesses in the region.

(d) A natural resources section which identifies and inventories any critical or sensitive areas or resources, not only those in the local community, but also those shared with abutting communities. This section provides a factual basis for any land development regulations that may be enacted to protect natural areas. A key component in preparing this section is to identify any conflicts between other elements of the master plan and natural resources, as well as conflicts with plans of abutting communities. The natural resources section of the master plan should include a local water resources management and protection plan as specified in RSA 4-C:22.

(e) A natural hazards section which documents the physical characteristics, severity, frequency, and extent of any potential natural hazards to the community. It should identify those elements of the built environment at risk from natural hazards as well as extent of current and future vulnerability that may result from current zoning and development policies.

(f) A recreation section which shows existing recreation areas and addresses future recreation needs.

(g) A utility and public service section analyzing the need for and showing the present and future general location of existing and anticipated public and private utilities, both local and regional, including telecommunications utilities, their supplies, and facilities for distribution and storage.

(h) A section which identifies cultural and historic resources and protects them for rehabilitation or preservation from the impact of other land use tools such as land use regulations, housing, or transportation.

(i) A regional concern section, which describes the specific areas in the municipality of significant regional interest. These areas may include resources wholly contained within the municipality or bordering, or shared, or both, with neighboring municipalities. Items to be considered may include but are not limited to public facilities, natural resources, economic and housing potential, transportation, agriculture, and open space. The intent of this section is to promote regional awareness in managing growth while fulfilling the vision statements.

(j) A neighborhood plan section which focuses on a specific geographical area of local government that includes substantial residential development. This section is a part of the local master plan and shall be consistent with it. No neighborhood plan shall be adopted until a local master plan is adopted.

(k) A community design section to identify positive physical attributes in a municipality and provide for design goals and policies for planning in specific areas to guide private and public development.

(l) A housing section which assesses local housing conditions and projects future housing needs of residents of all levels of income and ages in the municipality and the region as identified in the regional housing needs assessment performed by the regional planning commission pursuant to RSA 36:47, II, and which integrates the availability of human services with other planning undertaken by the community.

(m) An implementation section, which is a long range action program of specific actions, time frames, allocation of responsibility for actions, description of land development regulations to be adopted, and procedures which the municipality may use to monitor and measure the effectiveness of each section of the plan.

178:3 Local Land Use; Master Plans; Preparation. RSA 674:3 is repealed and reenacted to read as follows:

I. In preparing, revising, or amending the master plan, the planning board may make surveys and studies, and may review data about the existing conditions, probable growth demands, and best design methods to prevent sprawl growth in the community and the region. The board may also consider the goals, policies, and guidelines of any regional or state plans, as well as those of abutting communities.

III. During the preparation of the various sections of the master plan, the board shall inform the general public, the office of state planning, and regional planning commissions and solicit public comments regarding the future growth of the municipality in order to involve citizens in the preparation of the master plan in a way which is most appropriate for the municipality.

178:4 Local Land Use; Adoption of Zoning Ordinances. Amend RSA 674:18 to read as follows:

674:18 Adoption of Zoning Ordinance. The local legislative body may adopt a zoning ordinance under RSA 674:16 only after the planning board has adopted the [~~general statement of objectives and the land use section~~] mandatory sections of the master plan as described in RSA 674:2, I and II.

178:5 Office of State Planning; Program Administration. Amend RSA 4-C:20, I to read as follows:

I. The office shall prepare guidance materials for use by municipalities in the development of local water resources management and protection plans as provided in RSA 674:2, [~~VIII~~] III(d), and other appropriate protection measures. If the written guidance materials discuss any requirements which exist under state or federal law and which the office believes may be applicable to the municipalities' plans, the materials shall identify the source of such requirements.

178:6 Regional Planning Commissions; Powers and Duties. Amend RSA 36:47, II to read as follows:

II. For the purpose of assisting municipalities in complying with RSA 674:2, III(m), each regional planning commission shall compile a regional housing needs assessment, which shall include [as] an assessment of the regional need for housing for persons and families of all levels of income. The regional housing needs assessment shall be updated every 5 years and made available to all municipalities in the planning region.

178:7 Local Regulation of Excavations; Provisions for Protection of Water Resources. Amend RSA 155-E:11, II to read as follows:

II. Such regulations may include reasonable provisions for the protection of water resources, consistent with the municipality's local water resources management and protection plan developed under RSA 674:2, [~~VIII~~] III(d). If such regulations prohibit excavations below a stated height above the water table, the regulations shall also contain a procedure whereby an exception to such prohibition shall be granted if the applicant demonstrates that such excavation will not adversely affect water quality, provided, however, that written notice of such exception shall be recorded in the registry of deeds, and one copy filed with the department of environmental services.