RSA 676:4-b · Third Party Review and Inspection

676:4-b Third Party Review and Inspection. –

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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. The applicant may request the planning board choose a different third party consultant and the request may include the name of a preferred consultant. The planning board shall exercise reasonable discretion to determine whether the request is warranted. When such a request is granted by the planning board, the 65-day period for the board's action on an application stated in RSA 676:4, I(c)(1) shall be extended 45 days to provide the board adequate time to identify a different consultant.

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II.

A planning board approval of 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 inspection during the construction process. A planning board that requires third-party inspection during the construction process shall, as part of the inspection process, develop a scope for the project inspection in consultation with the applicant. Alternatively, a planning board approval of a subdivision plat, site plan, or other land use application may ask the applicant to provide a signed certification from the site plan designer in lieu of the third-party inspection, stating the project was built in accordance with the plans approved by the planning board. Should the planning board select this option, the site plan designer shall be a New Hampshire licensed professional engineer and the planning board may require that the certification be based on inspections at specified stages during the construction process.

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III.

A planning board retaining services under paragraph I or II shall require detailed invoices with reasonable task descriptions for services rendered. Upon request of the applicant, the planning board shall promptly provide a reasonably detailed accounting of expenses, or corresponding escrow deductions, with copies of supporting documentation.

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IV.

A person retained as a third party inspector during the construction process shall observe, record, and promptly report to the planning board or appropriate municipal authority and applicant or applicant's successor in interest any perceived construction defect or deviation from the terms of the approval or approved project plans.

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V.

Any person who becomes aware of a failure by a third party inspector to report properly and promptly a construction defect or deviation from the terms of the approval or approved project plans, may file a written complaint to the office of professional licensure and certification under RSA 310 for possible disciplinary action. Source. 2009, 73:1. 2010, 303:3. 2015, 126:1, eff. Aug. 8, 2015. 2021, 224:2 Pt. I, Sec. 1, eff. Oct. 23, 2021. 2023, 112:19, eff. July 1, 2023; 235:26, eff. July 15, 2023. Zoning Board of Adjustment

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