Bill Text - HB156 (2009)

Authorizing planning boards to require third party review and inspection.


Revision: June 11, 2009, midnight

CHAPTER 73

HB 156-LOCAL – FINAL VERSION

24Mar2009… 0778h

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24Mar2009… 0778h

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:

73:1 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 party inspection during the construction process.

III. 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.

IV. A person retained as a third party inspector during the construction process shall observe, record, and promptly report to the planning board or appropriate municipal authority and applicant or applicant’s successor in interest any perceived construction defect or deviation from the terms of the approval or approved project plans.

V. Any person who 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, may file a written complaint to the joint board established under RSA 310-A:1 for possible peer review or disciplinary action.

73:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 9, 2009

Effective Date: August 8, 2009

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