Bill Text - HB156 (2009)

Authorizing planning boards to require third party review and inspection.


Revision: Jan. 12, 2009, midnight

HB 156-LOCAL – AS INTRODUCED

2009 SESSION

09-0273

03/05

HOUSE BILL 156-LOCAL

AN ACT authorizing planning boards to require third party review and inspection.

SPONSORS: Rep. Cooney, Graf 7; Rep. Patten, Carr 4

COMMITTEE: Municipal and County Government

ANALYSIS

This bill authorizes planning boards to require third party review and inspection and to require applicants to obtain or pay for third party review.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0273

03/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT authorizing planning boards to require third party review and inspection.

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

1 New Section; Planning and Zoning Administration and Enforcement; Planning Board; Third Party Review and Inspection. Amend RSA 676 by inserting after section 4-a the following new section:

676:4-b Third Party Review and Inspection.

I. A planning board reviewing a subdivision plat, site plan, or other land use application may require the applicant to reimburse the board for expenses reasonably incurred by obtaining third party review and consultation during the review process.

II. A planning board approval of a subdivision plat, site plan, or other land use application may require the applicant to reimburse the board for expenses reasonably incurred by obtaining third inspection during the construction process.

III. A planning board requiring third party review, consultation, or inspection shall pre-qualify not less than 3 persons licensed under RSA 310-A for such purposes. The applicant may solicit written proposals from any or all of the pre-qualified persons and select a provider. Persons having a conflict of interest with the applicant shall not submit bids.

IV. A planning board retaining services under paragraph I or II shall require detailed invoices with reasonable task descriptions for services rendered. Upon request of the applicant, the planning board shall promptly provide a reasonably detailed accounting of expenses, or corresponding escrow deductions, with copies of supporting documentation.

V. A person retained as a third party inspector during the construction process shall observe, record, and promptly report to the planning board and applicant any perceived construction defect or deviation from the terms of the approval or approved project plans.

VI. Whenever a planning board becomes aware of a failure by a third party inspector to report properly and promptly a construction defect or deviation from the terms of the approval or approved project plans, the planning board shall file a written disclosure describing the failure with the joint board established under RSA 310-A:1 for possible peer review or disciplinary action. The planning board shall provide a copy of the disclosure to the applicant.

VII. Nothing in this section shall prohibit any person from disclosing or reporting an alleged ethical or legal failure to the joint board established under RSA 310-A:1.

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

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