SB 416 – AS AMENDED BY THE SENATE
03/20/08 1042s
2008 SESSION
03/09
SENATE BILL 416
AN ACT relative to subdivision and site plan regulation waivers.
SPONSORS: Sen. Fuller Clark, Dist 24; Sen. Sgambati, Dist 4; Sen. Cilley, Dist 6; Sen. Burling, Dist 5
COMMITTEE: Public and Municipal Affairs
This bill authorizes planning boards to waive provisions in subdivision and site plan regulations without finding that conformity would pose a hardship to the applicant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/20/08 1042s
08-2770
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to subdivision and site plan regulation waivers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Subdivision Regulations; Waiver. Amend RSA 674:36, II(n) to read as follows:
(n) Include provision for waiver of any portion of the regulations in such cases where, in the opinion of the planning board[,]:
(1) Strict conformity would pose an unnecessary hardship to the applicant and waiver would not be contrary to the spirit and intent of the regulations; or
(2) The evidence before the planning board demonstrates that the granting of the waiver would better serve the public interest, and the granting of the waiver would not be contrary to the spirit and intent of the regulations.
2 Site Plan Regulations; Waiver. Amend RSA 674:44, III(e) to read as follows:
(e) Include provision for waiver of any portion of the regulations in such cases where, in the opinion of the planning board[,]:
(1) Strict conformity would pose an unnecessary hardship to the applicant and waiver would not be contrary to the spirit and intent of the regulations; or
(2) The evidence before the planning board demonstrates that the granting of the waiver would better serve the public interest, and the granting of the waiver would not be contrary to the spirit and intent of the regulations.
3 Effective Date. This act shall take effect 60 days after its passage.