HB 519-LOCAL – AS INTRODUCED
HOUSE BILL 519-LOCAL
This bill gives the local governing body exclusive authority to accept dedicated streets and prohibits a planning board from requiring private roads as a condition of subdivision approval.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 Five
AN ACT relative to the authority to accept dedicated streets and to subdivision roads.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Authority to Accept Dedicated Streets. Amend the section heading of RSA 674:40-a to read as follows:
Delegation of] Authority to Accept Dedicated Streets.
2 New Paragraph; Authority to Accept Dedicated Streets; Local Governing Body. Amend RSA 674:40-a by inserting after paragraph I the following new paragraph:
I-a. The board of selectmen, town council, city council, board of aldermen or other similar local governing body shall have the exclusive authority to accept dedicated streets. Dedicated streets shall be built to the construction standards and requirements currently in effect in the town. A licensed engineer with training or expertise in the construction of roads shall certify to the town that the road conforms to the town’s standards and requirements. At its discretion, the local governing body may have its own expert make the certification.
3 Authority to Accept Dedicated Streets; Procedure. Amend RSA 674:40-a, II to read as follows:
If such a delegation is made] After certification that the street meets town standards, the local governing body may vote to accept any dedicated street only if the street corresponds in its location and lines with a street shown on a subdivision plat or site plan approved by the planning board, or on the official map, or on a street plat made and adopted by the board. A street which has not received such prior planning board approval shall not be accepted without a vote of the local [ legislative] governing body pursuant to RSA 674:40, III.
4 Repeal. RSA 674:40-a, I, relative to the authority of the town meeting to delegate authority to accept streets to the local governing body, is repealed.
5 Corridor Protection; Municipalities; Legislative Body Changed to Governing Body. Amend RSA 230-A:17 to read as follows:
230-A:17 Municipalities. The powers granted by this chapter may be exercised by a municipality either independently of, or concurrently with, the creation of an official map pursuant to RSA 674:9-15. The designation of a highway planning corridor by a municipal layout authority shall require the approval of the planning board or local [
legislative] governing body, under RSA 674:40, III, but such corridor shall not be deemed to a “street” for purposes of title LXIV.
6 Improvements to Unapproved Streets; Legislative Body Changed to Governing Body. Amend RSA 674:40, III to read as follows:
III. The local [
legislative] governing body may, however, accept, locate and construct any street not shown on or not corresponding with a street on the official map or on an approved subdivision plat or an approved street plat, provided the ordinance or other measure for the accepting, locating, and construction of such street is first submitted to the planning board for its approval and:
(a) If approved by the board, be approved by a majority vote of those present and voting at a regular or special meeting of the local [
legislative] governing body; or
(b) If disapproved by the planning board, be approved by not less than 2/3 of those present and voting at a regular or special meeting of the local [
legislative] governing body.
7 Erection of Buildings on Streets; Legislative Body Changed to Governing Body. Amend RSA 674:41, I(b)(4) to read as follows:
(4) A street located and accepted by the local [
legislative] governing body of the municipality, after submission to the planning board, and, in case of the planning board’s disapproval, by the favorable vote required in RSA 674:40; or
8 New Paragraph; Subdivision Regulations; Private Roads not Required. Amend RSA 674:36 by inserting after paragraph III the following new paragraph:
IV. The subdivision regulations of the planning board shall not stipulate, as a precedent to the approval of the plat, that streets, which conform to the requirements of paragraph III, be private streets.
9 Effective Date. This act shall take effect 60 days after its passage.