CHAPTER 100
HB 1307 – FINAL VERSION
22Feb2006… 0727h
2006 SESSION
06/03
HOUSE BILL 1307
AN ACT relative to application requirements for motor vehicle recycling yard licenses.
SPONSORS: Rep. Bergeron, Hills 27; Rep. Weyler, Rock 8; Rep. Soltani, Merr 8
This bill requires all applicants for a motor vehicle recycling yard license, a motor vehicle junk yard license, or a license renewal to include certification of compliance with best management practices established by the department of environmental services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Feb2006… 0727h
06-2216
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to application requirements for motor vehicle recycling yard licenses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
100:1 Application for License and Certificate of Approval; Compliance With Best Management Practices Required. Amend RSA 236:115 to read as follows:
236:115 Application for License and Certificate of Approval. Application for the license and the certificate of approved location shall be made in writing to the local governing body of the municipality where it is proposed to locate the junk yard or automotive recycling yard. In municipalities having a zoning ordinance and a zoning board of adjustment, the application must be accompanied by a certificate from the board of adjustment that the proposed location is not within an established district restricted against such uses or otherwise contrary to the prohibitions of the zoning ordinance. The application [must contain] shall include:
I. A description of the land to be included within the junk yard or automotive recycling yard, by reference to so-called permanent boundary markers.
II. Certification of compliance with best management practices established by the department of environmental services, for applications to establish automotive recycling yards and motor vehicle junk yards.
100:2 Automotive Recycling Yard License Renewal; Best Management Practices Required. Amend RSA 236:121 to read as follows:
236:121 Grant or Denial of Application; Renewal; Appeal.
I. After the hearing the local governing body shall, within 2 weeks, make a finding as to whether or not the application should be granted, giving notice of their finding to the applicant by mail, postage prepaid, to the address given on the application. If approved, the license, including the certificate of approved location, shall be forthwith issued to remain in effect until the following April 1. Approval is personal to the applicant and is not assignable.
II. Licenses shall be renewed thereafter upon payment of the annual license fee without a hearing, if all provisions of this subdivision are complied with during the license period, if the junk yard does not become a public nuisance under the common law or is not a nuisance under RSA 236:119, and if the applicant is not convicted of any type of larceny or of receiving stolen goods. In addition, applications to renew a license to operate an automotive recycling yard or motor vehicle junk yard shall include certification of compliance with best management practices established by the department of environmental services for the automobile salvage industry.
III. A writ of certiorari lies from the denial of the application to the superior court of the county in which the proposed location is situated.
100:3 Effective Date. This act shall take effect January 1, 2007.
Approved: May 9, 2006
Effective: January 1, 2007