SB 143 – AS AMENDED BY THE SENATE
03/31/05 0694s
03/31/05 0982s
2005 SESSION
06/10
SENATE BILL 143
AN ACT relative to the adoption and use of impact fees for public open space.
SPONSORS: Sen. Clegg, Dist 14; Rep. Packard, Rock 3; Rep. McKinney, Rock 3; Rep. Carson, Rock 3; Rep. Introne, Rock 3
COMMITTEE: Public and Municipal Affairs
This bill allows a city or town to adopt a zoning ordinance, or an amendment to a zoning ordinance, that includes impact fees for public open space if the ordinance or amendment receives an affirmative vote of 60 percent of the legislative body authorized to adopt it. The bill also establishes maximum impact fees and reduces the maximum impact fee by ½ for developments that include workforce housing units.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/31/05 0694s
03/31/05 0982s
05-0522 06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to the adoption and use of impact fees for public open space.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Impact Fees; Open Space. Amend the introductory paragraph of RSA 674:21, V to read as follows:
V. As used in this section “impact fee’’ means a fee or assessment imposed upon development, including subdivision, building construction or other land use change, in order to help meet the needs occasioned by that development for the construction or improvement of capital facilities owned or operated by the municipality, including and limited to water treatment and distribution facilities; wastewater treatment and disposal facilities; sanitary sewers; storm water, drainage and flood control facilities; public road systems and rights-of-way; municipal office facilities; public school facilities; the municipality’s proportional share of capital facilities of a cooperative or regional school district of which the municipality is a member; public safety facilities; solid waste collection, transfer, recycling, processing and disposal facilities; public library facilities; and public recreational facilities [not] including public open space. No later than July 1, 1993, all impact fee ordinances shall be subject to the following:
2 Open Space Impact Fees; Maximum Fee. RSA 674:21, V(a) is repealed and reenacted to read as follows:
(a) The amount of any open space fee shall be a proportional share of municipal capital improvement costs which is reasonably related to the capital needs created by the development, and to the benefits accruing to the development from the capital improvements financed by the fee. Upgrading of existing facilities and infrastructures, the need for which is not created by new development, shall not be paid for by impact fees. The maximum open space impact fee shall be:
(1) For developments of 50 or fewer housing units, $250 per unit.
(2) For developments of 51-200 housing units, $500 per unit.
(3) For developments of more than 200 housing units, $750 per unit.
(4) For developments which include 10 percent or more of the units as workforce housing units, ½ of the amount applicable under subparagraphs (1), (2), or (3).
3 New Paragraph; Method of Enactment in Cities and Towns Which do not Have a Town Meeting Form of Government; Impact Fee for Public Open Space. Amend RSA 675:2 by inserting after paragraph I the following new paragraph:
I-a. A zoning ordinance, or amendment to a zoning ordinance, that allows the assessment of impact fees for public open space shall be adopted by an affirmative vote of 60 percent of all the members of the legislative body, authorized to establish or amend a zoning ordinance, present and voting.
4 New Paragraph; Method of Enactment in Towns With a Town Meeting Form of Government and Village Districts; Impact Fee for Public Open Space. Amend RSA 675:3 by inserting after paragraph I the following new paragraph:
I-a. A zoning ordinance, or amendment to a zoning ordinance, that allows the assessment of impact fees for public open space shall be adopted by an affirmative vote of 60 percent of the legal voters present and voting.
5 New Paragraph; Method of Enactment by Petition; Impact Fee for Public Open Space. Amend RSA 675:4 by inserting after paragraph III the following new paragraph:
III-a. A petitioned zoning ordinance, or amendment to a zoning ordinance, that allows the assessment of impact fees for public open space shall be adopted by an affirmative vote of 60 percent of the legal voters present and voting.
6 Towns Which do not Have a Town Meeting Form of Government. Amend the section heading of RSA 675:2 to read as follows:
675:2 Method of Enactment in Cities and Towns [Operating Under Town Council] Which do not Have a Town Meeting Form of Government.
7 Towns Which Have a Town Meeting Form of Government. Amend the section heading of RSA 675:3 to read as follows:
675:3 Method of Enactment in [Certain] Towns Which Have a Town Meeting Form of Government and Village Districts.
8 Method of Enactment in Towns With a Town Meeting Form of Government and Village Districts. Amend RSA 675:3, I to read as follows:
I. Any town [not operating under the town council] with a town meeting form of government, or any village district which is specifically authorized by law to enact a zoning ordinance, shall establish and amend a zoning ordinance, historic district ordinance, or building code upon the affirmative vote by ballot of a majority of the legal voters present and voting on the day of the meeting, as provided in paragraph VII. Any proposed zoning ordinance, as submitted by a planning board or any amendment to an existing zoning ordinance as proposed by a planning board, board of selectmen or village district commission shall be submitted to the voters of a town or village district in the manner prescribed in this section.
9 Effective Date. This act shall take effect 60 days after its passage.