HB356 (2007) Detail

Relative to requiring a comprehensive impact report before a municipality approves or disapproves a proposed development project.


HB 356 – AS INTRODUCED

2007 SESSION

07-1088

08/04

HOUSE BILL 356

AN ACT relative to requiring a comprehensive impact report before a municipality approves or disapproves a proposed development project.

SPONSORS: Rep. DeChane, Straf 3; Rep. Wheeler, Merr 6

COMMITTEE: Municipal and County Government

ANALYSIS

This bill authorizes municipalities to require a comprehensive impact report before a municipality may approve or disapprove a proposed development project.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-1088

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to requiring a comprehensive impact report before a municipality approves or disapproves a proposed development project.

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

1 New Subdivision; Comprehensive Impact Reports. Amend RSA 31 by inserting after section 133 the following new subdivision:

Comprehensive Impact Reports

31:134 Purpose and Establishment. A municipality may require a comprehensive impact report before such municipality approves or disapproves a proposed development project. The purpose of an impact report is to provide the governing body with sufficient information to conduct a detailed review of uses which have the potential for significant impact on the municipality. The impact review process is intended to promote and protect the natural resources and aesthetic qualities of the municipality and to mitigate any adverse impact to the municipality services, traffic patterns, abutting properties, the economy of the municipality, the character of the municipality, or the public health, safety, and welfare of municipality residents.

31:135 Applicability and Procedure.

I. A municipality requiring an impact report shall submit 10 copies of the impact report to the governing body of the municipality along with all other forms, plans, and information required by the governing body.

II. The governing body of the municipality may waive strict compliance with the submittal requirements of this subdivision by a majority vote of the governing body if, in its opinion, the information required is deemed unnecessary or inapplicable to the review of the project. Request for waivers shall be made in writing to the governing body and shall state the reasons and supporting justifications for granting the waiver.

III. The impact report shall be prepared by an interdisciplinary team of professionals qualified to evaluate all facets of the proposed project which may include engineers, architects, landscape architects, environmental scientists, and planners.

31:136 Content of Impact Report.

I. The impact report shall include the following elements:

(a) A detailed description of the proposed project and its design features, including existing conditions on the site and in the vicinity of the project.

(b) Identification and assessment of the impacts of proposed project, including positive, negative, and indirect impacts.

(c) An evaluation of how the project will meet the design standards required in this subdivision.

(d) Proposed measures to mitigate adverse impacts and maximize positive impact including design modifications and provision of infrastructure or public service improvements sufficient to support the project. Any adverse impacts which cannot be mitigated shall be identified. Mitigation measures to be implemented by the applicant shall be identified.

II. The impact report shall address the impact of the proposed development project on the following issues:

(a) Existing Traffic Conditions. The report shall consider average daily and peak hour volumes, sight distances, street capacity, level of service, physical characteristics of the streets, number and location of driveways and intersections, average and peak speeds, accident data, pedestrian movement, and public transportation and traffic controls for streets and intersections adjacent to the project and for streets and intersections which will experience a 10 percent increase in peak hour traffic as a result of the project or which will experience a reduction in the level of service as a result of the project, and for failing streets and intersections which will experience an increase in traffic as required by the governing body.

(b) Projected Traffic Conditions. The report shall consider average daily and peak hour traffic projections and directional distribution of site generated traffic, sight distances at proposed driveway intersections with streets, on-site traffic circulation and parking layout, pedestrian movement and background traffic conditions for the design year including any planned roadway/ traffic improvements and other proposed projects in the vicinity of the site.

(c) Projected Traffic Impact. The report shall consider how the proposed project will affect traffic conditions on streets and intersections adjacent to and those likely to be affected by the proposed project including level of service, traffic flow, turning movements, sight distances, traffic controls, pedestrian movement, and public transportation.

(d) Impact on Municipal Water Supply. The report shall:

(1) Describe the proposed water supply system including average daily and peak water demand, location, sizing, and accessibility to municipal water mains, and water pressure and flows available at the site.

(2) Evaluate the capacity of the municipality’s water supply and distribution system to adequately service the projected water and fire flow needs of the project, the need for pumping stations, standpipes, or improvements to the water system required to service the project.

(3) Estimate the cost and discuss the responsibility for construction of improvements and on-going maintenance.

(e) Impact on Sewage Disposal. The report shall:

(1) Describe the proposed sewage disposal system including average daily and peak wastewater discharges to the municipal sewer system, composition and concentration of wastewater, location, sizing, and pumping stations, forced mains or other system improvements required to adequately service the project.

(2) Evaluate the capacity of the sewage treatment plant and the sewage system to accommodate the wastewater flows.

(3) Evaluate the need for pre-treatment of wastewater to achieve compliance with the municipal sewer use regulations.

(4) Estimate the cost and discuss the responsibility for construction of system improvements and on-going maintenance.

(f) Impact on Storm Drains. The report shall:

(1) Describe the proposed surface drainage system including pre and post runoff calculations, the location, sizing, accessibility, and proposed discharges to the municipal storm drains.

(2) Evaluate the capacity of the existing storm drains to accommodate projected storm water runoff. Estimate the cost and discuss the responsibility for construction of storm drain improvements and on-going maintenance.

(g) Impact on Solid Waste Disposal. The report shall:

(1) Describe the quantity and composition of projected solid wastes to be generated by the project including average weekly volume in cubic yards of refuse generated, recycling potential, method of on-site storage and collection.

(2) Evaluate the impact to the municipal landfill, recycling facility, and transfer station including available landfill capacity and costs of collection and disposal.

(h) Impact on Emergency Services. The report shall:

(1) Describe the anticipated fire and police protection needs including time and demand on municipal personnel, provision for alarms or warning devices, on-site fire fighting and security capabilities, need for increased municipal personnel or equipment.

(2) Estimate the cost and discuss the responsibility for providing emergency protection to the project.

(i) Environmental Impact. The report shall:

(1) Describe the existing physical and ecological characteristics of the site and in relation to surrounding land including topography, slope, soils, wetlands, surface water, vernal pools, flood plains, depth to groundwater, drainage patterns, type and coverage of vegetation, wildlife and wildlife habitat, identification of any rare or endangered plant or animal species, relationships to public or private water supply wells and recharge areas or public water supply reservoirs.

(2) Identify and evaluate the potential impacts of the project on air quality, surface water, wetlands, groundwater, plant and wildlife species, temperature, wind, and noise levels on-site and off-site which will be affected by the project.

(3) Specifically evaluate the impact of storm water, runoff, flooding, erosion, sedimentation, grading changes, increased impervious surface, discharges to groundwater, pumping of groundwater, wetlands disruption, and changes to vegetative cover, and provide the location and results of any test pits, sail borings, and percolation tests performed on the site.

(4) Describe the types, quantities, use and storage methods for hazardous materials and wastes to be used or generated by the project.

(5) Describe proposed mitigation measures for impacts identified above.

(j) Impact on the Community. The report shall:

(1) Describe the surrounding neighborhood and any scenic, unique geological, historical, or archeological features and recreational areas on the site or in the vicinity of the site which could be affected by the project.

(2) Describe the layout of the proposed project in detail (site plans may be used) including scale, placement, and design of buildings and structures, lighting, parking areas, open space, relationship to scenic views from the site, views of the project from distant vantage points and from adjacent properties and public ways.

(3) Evaluate the proposed architectural design in relationship to surrounding land uses and prevailing architectural style including major design elements such as scale, materials, color, setbacks, and roof lines.

(4) Identify the impacts to historic properties, districts, or areas, and any archaeological sites on the property or in the vicinity of the project.

(5) Describe any recreational facilities proposed for the site and provision of public recreational or open spaces.

(6) Estimate the off-site recreational demands of the proposed project and its impact to municipal recreational facilities and programs.

(7) Evaluate residential projects in relationship to the type and scale of surrounding residential uses.

(8) Estimate the number and types of jobs to be created by the project, estimate the amount of local labor to be used, and evaluate the impact of the project on existing employers in the community.

(9) Estimate the amount, type, and location of spin-off development resulting from construction of the project and its likely impact on the community including changing land use patterns, development pressure on surrounding neighborhoods, impact to the downtown business district, if applicable, impact to important natural resources, traffic, and municipality services.

(10) Identify and evaluate the potential impacts to neighboring communities resulting from the project.

(k) Fiscal Impact. The report shall:

(1) Evaluate the projected costs and benefits to the community resulting from the project including:

(A) Projected costs arising from increased demand for and required improvements to public services and infrastructure.

(B) Value of improvements to public services and infrastructure to be provided by the project.

(C) Projected tax revenues to be generated by the project.

(D) Projected impact of the project on surrounding land values and any potential loss or increase in tax revenues to the municipality.

(E) Short-term and long-term projection of increased municipality revenues and costs resulting from the proposed project.

(2) Evaluate the market and financial feasibility of the project.

2 Effective Date. This act shall take effect 60 days after its passage.