CHAPTER 229
HB 331 – FINAL VERSION
02Jan2008… 2411h
05/08/08 1612s
2008 SESSION
06/10
HOUSE BILL 331
AN ACT relative to time limits on design review.
SPONSORS: Rep. Skinder, Sull 1; Rep. Phinizy, Sull 5; Rep. Donovan, Sull 4
COMMITTEE: Municipal and County Government
This bill permits the planning board to establish rules of procedure relating to the design review process and to determine when the process has ended.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02Jan2008… 2411h
05/08/08 1612s
07-0928
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to time limits on design review.
Be it Enacted by the Senate and House of Representatives in General Court convened:
229:1 Building Permits to be Withheld in Certain Cases; Plat or Application Subject of Notice. Amend RSA 676:12, VI to read as follows:
VI. The provisions of paragraph I shall not apply to any plat or application which has been the subject of notice by the planning board pursuant to RSA 676:4, I(d) prior to the first legal notice of a proposed change in a building code or zoning ordinance or any amendment thereto. No proposed subdivision or site plan review or zoning ordinance or amendment thereto shall affect a plat or application which has been the subject of notice by the planning board pursuant to RSA 676:4, I(d) so long as said plat or application was the subject of notice prior to the first legal notice of said change or amendment. The provisions of this paragraph shall also apply to proposals submitted to a planning board for design review pursuant to RSA 676:4, II(b), provided that a formal application is filed with the planning board within 12 months of the end of the design review process.
229:2 Board’s Procedures on Plats; Design Review Phase. Amend RSA 676:4, II(b) to read as follows:
(b) Design review phase. The board or its designee may engage in nonbinding discussions with the applicant beyond conceptual and general discussions which involve more specific design and engineering details; provided, however, that the design review phase may proceed only after identification of and notice to abutters, holders of conservation, preservation, or agricultural preservation restrictions, and the general public as required by subparagraph I(d). The board may establish reasonable rules of procedure relating to the design review process, including submission requirements. At a public meeting, the board may determine that the design review process of an application has ended and shall inform the applicant in writing within 10 days of such determination. Statements made by planning board members shall not be the basis for disqualifying said members or invalidating any action taken.
229:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 20, 2008
Effective Date: August 19, 2008