CHAPTER 134
HB 446 - FINAL VERSION
25mar03... 0585h
2003 SESSION
08/09
HOUSE BILL 446
COMMITTEE: Municipal and County Government
This bill limits the requirement that the building inspector withhold a building permit application to the first legal notice of proposed changes in the building code or zoning ordinance or 120 days, whichever is shorter.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25mar03... 0585h
03-0646
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to building permits.
Be it Enacted by the Senate and House of Representatives in General Court convened:
134:1 Building Permits. RSA 676:12 is repealed and reenacted to read as follows:
676:12 Building Permits to be Withheld in Certain Cases.
I. The building inspector shall not issue any building permit within the 120 days prior to the annual or special town or village district meeting if:
(a) Application for such permit is made after the first legal notice of proposed changes in the building code or zoning ordinance has been posted pursuant to the provisions of RSA 675:7; and
(b) The proposed changes in the building code or the zoning ordinance would, if adopted, justify refusal of such permit.
II. After final action has been taken on the proposed changes in the building code or zoning ordinance, the building inspector shall issue or refuse to issue a permit which has been held in abeyance under this section pursuant to a final action under this section.
III. The provisions of paragraph I shall not be applicable in a city or in a county in which there are located unincorporated towns or unorganized places unless the governing body of the city or the county votes by majority vote to be subject to the provisions of such paragraph.
IV. The building inspector may be authorized by the local legislative body to issue a temporary occupancy permit not to exceed 30 days, which may be extended at the discretion of the building inspector.
V. No building permit shall be denied on the grounds of uncompleted streets or utilities when the construction of such streets or utilities has been secured to the municipality by a bond or other security approved by the planning board pursuant to RSA 674:36, III or RSA 674:44, IV; provided, however, that on land which is part of a subdivision plat or site plan, no building shall be used or occupied prior to the completion of required streets and utilities, except upon such terms as the planning board may have authorized as part of its decision approving the plat or site plan.
VI. The provisions of paragraph I shall not apply to any plat or application which has been formally accepted by the planning board pursuant to RSA 676:4, I(b) prior to the first legal notice of a proposed change in a building code or zoning ordinance or any amendment thereto. No proposed subdivision or site plan review or zoning ordinance or amendment thereto shall affect a plat or application formally accepted by the planning board pursuant to RSA 676:4, I(b) so long as said plat or application was accepted prior to the first legal notice of said change or amendment.
134:2 Effective Date. This act shall take effect 60 days after its passage.
(Approved: Enacted in accordance with Article 44, Part II, N.H. Constitution, without signature of Governor, June 14, 2003)
(Effective Date: August 13, 2003)