HB1392: relative to preapplication review of projects submitted to a local planning board.

HB 1392 - AS INTRODUCED

2003 SESSION

03-2319

06/10

HOUSE BILL 1392

AN ACT relative to preapplication review of projects submitted to a local planning board.

SPONSORS: Rep. Cady, Rock. 73; Rep. Bicknell, Rock. 73

COMMITTEE: Municipal and County Government

ANALYSIS

This bill requires a planning board that has provided for preapplication review of applications and plats to vote on conducting a preapplication review within 30 days following delivery of the preapplication documents and to complete the review within 60 days following the vote, unless the time is extended by agreement with the applicant. It also adds preapplication review determinations based on the terms of the zoning ordinance to the planning board actions that can be appealed to the zoning board of adjustment.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2319

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to preapplication review of projects submitted to a local planning board.

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

1 New Subparagraphs; Time Limits for Preapplication Review. Amend RSA 676:4, II by inserting after subparagraph (c) the following new subparagraphs:

(d) The board shall, at the next regular meeting or within 30 days following the delivery of an application or plat for preapplication review, determine if the submitted preapplication review documents are complete according to any regulations of the board and shall vote upon accepting the project for review. Upon determination by the board that it will conduct a preapplication review, the board shall begin consideration and shall act to complete the preapplication review within 60 days, subject to extension or waiver as provided in subparagraph (e).

(e) The applicant may waive the requirement for planning board action within the time periods specified in subparagraph (d) and consent to such extension as may be mutually agreeable.

2 Appeals to Board of Adjustment; Preapplication Review Added. Amend RSA 676:5, III to read as follows:

III. If, in the exercise of preapplication, subdivision, or site plan review, the planning board makes any decision or determination which is based upon the terms of the zoning ordinance, or upon any construction, interpretation, or application of the zoning ordinance, which would be appealable to the board of adjustment if it had been made by the administrative officer, then such decision may be appealed to the board of adjustment under this section; provided, however, that if the zoning ordinance contains an innovative land use control adopted pursuant to RSA 674:21 which delegates administration, including the granting of conditional or special use permits, to the planning board, then the planning board's decision made pursuant to that delegation cannot be appealed to the board of adjustment, but may be appealed to the superior court as provided by RSA 677:15.

3 Effective Date. This act shall take effect 60 days after its passage.