hb 0761

CHAPTER 71

HB 761 – FINAL VERSION

AN ACT enabling municipalities to adopt subdivision and site plan review regulations that require innovative land use controls on certain lands when supported by the master plan, making a change in an innovative land use control, and relative to the preliminary review of subdivisions.

SPONSORS: Rep. Spang, Straf 72; Rep. Akins, Graf 18; Rep. Twombly, Straf 67; Rep. C. Christensen, Hills 58; Rep. Shultis, Rock 86; Sen. Sapareto, Dist 19;

II. Enables municipalities to require innovative land use controls on certain lands, when supported by the master plan.

IV. Removes an applicant’s option to forego a preapplication review when such review is required by subdivision regulations.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

71:1 Innovative Land Use Controls; Transfer of Development Rights; Density Added. Amend RSA 674:21, I(d) to read as follows:

71:2 Innovative Land Use Controls; Use When Supported by Master Plan. Amend RSA 674:21, II to read as follows:

II. An innovative land use control adopted under RSA 674:16 may be required when supported by the master plan and shall contain within it the standards which shall guide the person or board which administers the ordinance. An innovative land use control ordinance may provide for administration, including the granting of conditional or special use permits, by the planning board, board of selectmen, zoning board of adjustment, or such other person or board as the ordinance may designate. If the administration of the innovative provisions of the ordinance is not vested in the planning board, any proposal submitted under this section shall be reviewed by the planning board prior to final consideration by the administrator. In such a case, the planning board shall set forth its comments on the proposal in writing and the administrator shall, to the extent that the planning board's comments are not directly incorporated into its decision, set forth its findings and decisions on the planning board's comments.

71:3 Power to Regulate Subdivisions; Preliminary Review Added. Amend RSA 674:35, I to read as follows:

I. A municipality may by ordinance or resolution authorize the planning board to require preliminary review of subdivisions, and to approve or disapprove, in its discretion, plats, and to approve or disapprove plans showing the extent to which and the manner in which streets within subdivisions shall be graded and improved and to which streets water, sewer, and other utility mains, piping, connections or other facilities within subdivisions shall be installed.

71:4 New Subparagraph; Innovative Land Use Controls Required. Amend RSA 674:36, II by inserting after subparagraph (l) the following new subparagraph:

(m) Require innovative land use controls on lands when supported by the master plan.

71:5 New Subparagraph; Site Plan Review Regulations; Requirement for Innovative Land Use Controls Permitted. Amend RSA 674:44, II by inserting after subparagraph (h) the following new subparagraph:

(i) Require innovative land use controls on lands when supported by the master plan.

71:6 Board’s Procedures on Plats; Election to Forego Preapplication Review Removed. Amend RSA 676:4, II(c) to read as follows:

(c) [~~The applicant may elect to forego or engage in preapplication review or either phase thereof as provided in subparagraphs (a) and (b).~~] Preapplication review shall be separate and apart from formal consideration under paragraph I, and the time limits for acting under subparagraph I(c) shall not apply until formal application is submitted under subparagraph I(b).