HB 212 – AS INTRODUCED
2009 SESSION
06/10
HOUSE BILL 212
AN ACT relative to the assessment of certain impact fees by municipalities.
SPONSORS: Rep. Graham, Hills 18; Rep. Hawkins, Hills 18; Rep. Lerandeau, Ches 6
COMMITTEE: Local and Regulated Revenues
This bill permits a municipality to assess certain impact fees for improvement on a portion of a state highway located within the municipality.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0552 06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the assessment of certain impact fees by municipalities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Innovative Land Use Controls. Amend the introductory paragraph of RSA 674:21, V to read as follows:
V. As used in this section “impact fee” means a fee or assessment imposed upon development, including subdivision, building construction, or other land use change, in order to help meet the needs occasioned by that development for the construction or improvement of capital facilities owned or operated by the municipality, including and limited to water treatment and distribution facilities; wastewater treatment and disposal facilities; sanitary sewers; storm water, drainage and flood control facilities; public road systems and rights-of-way; municipal office facilities; public school facilities; the municipality’s proportional share of capital facilities of a cooperative or regional school district of which the municipality is a member; public safety facilities; solid waste collection, transfer, recycling, processing and disposal facilities; public library facilities; and public recreational facilities not including public open space. Impact fee shall also mean a fee or assessment imposed upon development for construction or improvement related to a portion of state highway located in the municipality. Any such impact fee shall meet all of the conditions in this section and the construction or improvement of the portion of state highway shall be included in the department of transportation capital improvement plan to be accomplished within 6 years.
2 New Subparagraph; Innovative Land Use Control. Amend RSA 674:21, V by inserting after subparagraph (j) the following new subparagraph:
(k) Impact fees for a municipality’s portion of a state highway, located within the municipality shall be used only for improvement costs that are demonstrably related to the capital needs created by the development. Such improvements may include items such as, but not limited to, traffic signals and signage, turning lanes, additional travel lanes, and guard rails. No such improvements shall be constructed or installed without approval of the state department of transportation. In no event shall impact fees be used for any improvements to roads, bridges, or interchanges that are part of the interstate highway system.
3 Effective Date. This act shall take effect 60 days after its passage.