HB570 (2005) Detail

(New Title) relative to preliminary site plan review and the definition of inclusionary zoning.



30Mar2005… 0781h





AN ACT relative to preliminary site plan review and the definition of inclusionary zoning.

SPONSORS: Rep. Spang, Straf 7; Rep. Schmidt, Straf 4; Rep. Dickinson, Carr 1

COMMITTEE: Municipal and County Government


This bill allows a planning board to require preliminary review of a site plan.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

30Mar2005… 0781h




In the Year of Our Lord Two Thousand Five

AN ACT relative to preliminary site plan review and the definition of inclusionary zoning.

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

33:1 Power to Review Site Plans; Preliminary Site Plans Added. Amend RSA 674:43, I to read as follows:

I. A municipality, having adopted a zoning ordinance as provided in RSA 674:16, and where the planning board has adopted subdivision regulations as provided in RSA 674:36, may by ordinance or resolution further authorize the planning board to require preliminary review of site plans and to review and approve or disapprove site plans for the development or change or expansion of use of tracts for nonresidential uses or for multi-family dwelling units, which are defined as any structures containing more than 2 dwelling units, whether or not such development includes a subdivision or resubdivision of the site.

33:2 New Subparagraph; Requirement for Site Plan Preliminary Review Added. Amend RSA 674:44, II(g)-(i) to read as follows:

(g) Require that the land indicated on plats submitted to the planning board shall be of such character that it can be used for building purposes without danger to health; [and]

(h) Include such provisions as will tend to create conditions favorable for health, safety, convenience, and prosperity[.];

(i) Require innovative land use controls on lands when supported by the master plan[.]; and

(j) Require preliminary review of site plans.

33:3 Board's Procedures on Plats.; Preliminary Review. Amend the introductory paragraph of RSA 676:4, II to read as follows:

II. A planning board may provide for [preapplication] preliminary review of applications and plats by specific regulations subject to the following:

33:4 Board's Procedures on Plats; Preapplication Changed to Preliminary. Amend RSA 676:4, II(c) to read as follows:

(c) [Preapplication] Preliminary review shall be separate and apart from formal consideration under paragraph I, and the time limits for acting under subparagraph I(c) shall not apply until formal application is submitted under subparagraph I(b).

33:5 Effective Date. This act shall take effect 60 days after its passage.

(Approved: May 10, 2005)

(Effective Date: July 9, 2005)


HB570 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB570 Revision: 9011 Date: Jan. 21, 2010, midnight