HB 1260-LOCAL – FINAL VERSION
HOUSE BILL 1260-LOCAL
AN ACT relative to growth management ordinances.
SPONSORS: Rep. Cooney, Graf 7; Rep. Theberge, Coos 4; Rep. Patten, Carr 4
COMMITTEE: Municipal and County Government
I. Permits municipalities to adopt growth management ordinances when time is needed to provide services.
II. Permits municipalities to place temporary moratoria on building permits and site plans when time is needed to provide services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to growth management ordinances.
Be it Enacted by the Senate and House of Representatives in General Court convened:
360:1 Growth Management; Timing of Development. Amend RSA 674:22 to read as follows:
674:22 Growth Management; Timing of Development.
I. The local legislative body may further exercise the powers granted under this subdivision to regulate and control the timing of development. Any ordinance imposing such a control may be adopted only after preparation and adoption by the planning board of a master plan and a capital improvement program and shall be based upon a growth management process intended to assess and balance community development needs and consider regional development needs.
II. The local legislative body may adopt a growth management ordinance under this section only if there is a demonstrated need to regulate the timing of development, based upon the municipality’s lack of capacity to accommodate anticipated growth in the absence of such an ordinance. The need to regulate the timing of development shall be demonstrated by a study performed by or for the planning board or the governing body, or submitted with a petition of voters presented under RSA 675:4. The study shall be based on competent evidence and shall consider the municipality’s projected growth rate and the municipality’s need for additional services to accommodate such growth.
III. An ordinance adopted under this section shall include a termination date and shall restrict projected normal growth no more than is necessary to allow for orderly and good-faith development of municipal services. The planning board in a municipality that adopts such an ordinance shall promptly undertake development of a plan for the orderly and rational development of municipal services needed to accommodate anticipated normal growth; provided, however, that in a town that has established a capital improvement program committee under RSA 674:5, the plan shall be developed by that committee. The ordinance and the plan shall be evaluated by the planning board at least annually, to confirm that reasonable progress is being made to carry out the plan. The planning board shall report its findings to the legislative body in the municipality's annual report.
360:2 Temporary Moratoria and Limitations on Building Permits. RSA 674:23 is repealed and reenacted to read as follows:
674:23 Temporary Moratoria and Limitations on Building Permits and the Approval of Subdivisions and Site Plans.
I. Upon recommendation of the planning board, the local legislative body may adopt or amend an ordinance establishing a moratorium or limitation on the issuance of building permits or the granting of subdivision or site plan approval for a definite term.
II. An ordinance may be adopted under this section in unusual circumstances that affect the ability of the municipality to provide adequate services and require prompt attention and to develop or alter a growth management process under RSA 674:22, a zoning ordinance, a master plan, or capital improvements program.
III. An ordinance under this section shall contain:
(a) A statement of the circumstances giving rise to the need for the moratorium or limitation.
(b) The planning board’s written findings, on which subparagraph III(a) is based, which shall be included as an appendix to the ordinance.
(c) The term of the ordinance which shall not be more than one year.
(d) A list of the types or categories of development to which the ordinance applies.
(e) A description of the area of the municipality, if less than the entire municipality, to which the ordinance applies.
IV. An ordinance under this section shall be based on written findings by the planning board which:
(a) Describe the unusual circumstances that justify the ordinance.
(b) Recommend a course of action to correct or alleviate such circumstances.
V. An ordinance under this section may provide for the exemption from the moratorium or limitation of those types or categories of development that have minimal or no impact on the circumstances giving rise to the moratorium or limitation.
VI. An ordinance under this section may provide for a special exception or conditional use permit to allow development that has minimal or no impact on the circumstances giving rise to the moratorium or limitation.
VII. Additional ordinances may be adopted under this section only if they are based on circumstances that did not exist at the time of any prior ordinance. The authority to adopt ordinances under this section shall not be used to circumvent a municipality's need for a growth management ordinance under RSA 674:22.
360:3 Time Period for Modification of Existing Growth Management Ordinances. Each municipality that adopted a growth management ordinance under RSA 674:22 prior to the effective date of this act shall have until June 1, 2010 to amend its ordinance to conform to this act. If a municipality adopted an interim growth management ordinance under RSA 674:23 prior to the effective date of this act, that ordinance shall remain in effect until one year after its passage or until the municipality’s next annual meeting, unless the ordinance prescribes an earlier expiration date, and unless a court of competent jurisdiction determines that the ordinance is illegal or is otherwise unenforceable.
360:4 Effective Date. This act shall take effect upon its passage.
Approved: July 11, 2008
Effective Date: July 11, 2008