HB43 (2009) Detail

Relative to subdivision and site plan regulation waivers.


CHAPTER 292

HB 43 – FINAL VERSION

24Mar2009… 0612h

2009 SESSION

09-0057

03/09

HOUSE BILL 43

AN ACT relative to subdivision and site plan regulation waivers.

SPONSORS: Rep. Grassie, Straf 1; Rep. J. Russell, Rock 13

COMMITTEE: Municipal and County Government

AMENDED ANALYSIS

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 and requires that the basis for the waiver be recorded in the minutes of the board.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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… 0612h

09-0057

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to subdivision and site plan regulation waivers.

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

292:1 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,] The basis for any waiver granted by the planning board shall be recorded in the minutes of the board. The planning board may only grant a waiver if the board finds, by majority vote, that:

(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) Specific circumstances relative to the subdivision, or conditions of the land in such subdivision, indicate that the waiver will properly carry out the spirit and intent of the regulations.

292:2 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,] The basis for any waiver granted by the planning board shall be recorded in the minutes of the board. The planning board may only grant a waiver if the board finds, by majority vote, that:

(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) Specific circumstances relative to the site plan, or conditions of the land in such site plan, indicate that the waiver will properly carry out the spirit and intent of the regulations.

292:3 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 31, 2009

Effective Date: September 29, 2009