CHAPTER 303
HB 1380-FN – FINAL VERSION
11Mar2010… 0148h
05/05/10 1750s
02Jun2010… 2218cofc
2010 SESSION
03/01
HOUSE BILL 1380-FN
AN ACT relative to assessing fees by zoning boards of adjustment.
SPONSORS: Rep. Gandia, Hills 27
COMMITTEE: Local and Regulated Revenues
This bill authorizes zoning boards of adjustment to assess fees to cover costs and administrative expenses and third party review and consultation.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2010… 0148h
05/05/10 1750s
02Jun2010… 2218cofc
10-2481
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to assessing fees by zoning boards of adjustment.
Be it Enacted by the Senate and House of Representatives in General Court convened:
303:1 New Paragraphs; Appeals to Board of Adjustment; Fees. Amend RSA 676:5 by inserting after paragraph III the following new paragraphs:
IV. The board of adjustment may impose reasonable fees to cover its administrative expenses and costs of special investigative studies, review of documents, and other matters which may be required by particular appeals or applications.
V.(a) A board of adjustment reviewing a land use application may require the applicant to reimburse the board for expenses reasonably incurred by obtaining third party review and consultation during the review process, provided that the review and consultation does not substantially replicate a review and consultation obtained by the planning board.
(b) A board of adjustment retaining services under subparagraph (a) shall require detailed invoices with reasonable task descriptions for services rendered. Upon request of the applicant, the board of adjustment shall promptly provide a reasonably detailed accounting of expenses, or corresponding escrow deductions, with copies of supporting documentation.
303:2 Reference Added. Amend the introductory paragraph of RSA 673:16, II to read as follows:
II. Any fee which a local land use board, acting pursuant to this title, collects from an applicant to cover an expense lawfully imposed upon that applicant, including but not limited to the expense of notice, the expense of consultant services or investigative studies under RSA 676:4, I(g) or RSA 676:5, IV, or the implementation of conditions lawfully imposed as part of a conditional approval, may be paid out toward that expense without approval of the local legislative body. Such fees:
303:3 Planning Board; Third Party Review. Amend RSA 676:4-b, I to read as follows:
I. A planning board reviewing a subdivision plat, site plan, or other land use application may require the applicant to reimburse the board for expenses reasonably incurred by obtaining third party review and consultation during the review process, provided that the review and consultation does not substantially replicate a review and consultation obtained by the zoning board of adjustment.
303:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 13, 2010
Effective Date: September 11, 2010