HB 1366 – AS INTRODUCED
2006 SESSION
06/03
HOUSE BILL 1366
AN ACT relative to a planning board’s authority to require public access to open space as a condition of subdivision approval.
SPONSORS: Rep. W.P. Campbell, Straf 3
COMMITTEE: Municipal and County Government
This bill prohibits a planning board from requiring public access to the open space of a cluster development, planned unit development, village plan alternative subdivision, or other innovative land use control, 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2443
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to a planning board’s authority to require public access to open space as a condition of subdivision approval.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Development Restrictions Enforceable; Public Access and Private Ownership of Open Space Allowed. Amend RSA 674:21-a to read as follows:
674:21-a Development Restrictions Enforceable. Any open space designation or other development restriction which is part of a cluster development, planned unit development, village plan alternative subdivision, or other proposal approved under innovative land use controls, or which is lawfully imposed by a local land use board as a condition of subdivision, site plan, variance, or other type of approval, and which has been filed in the records of the local land use board in accordance with its established procedure, shall be deemed to create a conservation restriction as defined in RSA 477:45, I, which shall run with the land, and shall be enforceable by the municipality, or by the owner of any property which would be specially damaged by the violation of such restriction, regardless of whether any deed or other instrument conveying such restriction has been executed or recorded. For purposes of this section, an applicant’s statement of intent to restrict development, submitted with or contained in an application which is subsequently approved, shall be deemed a condition of the approval. A local land use board shall not require public access to the designated open space as a condition of subdivision approval. The designated open space may be held in private ownership.
2 Effective Date. This act shall take effect 60 days after its passage.