Revision: Jan. 12, 2009, midnight
HB 96 – AS INTRODUCED
2009 SESSION
03/01
HOUSE BILL 96
AN ACT correcting certain references relating to municipal growth management.
SPONSORS: Rep. Patten, Carr 4; Rep. Cooney, Graf 7
COMMITTEE: Municipal and County Government
This bill corrects certain statutory provisions relating to municipal growth management made obsolete by changes to RSA 674:23 enacted in HB 1260-LOCAL of the 2008 regular legislative session (2008, 360).
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0245
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT correcting certain references relating to municipal growth management.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Local Water Resource Management and Protection Plans. Amend RSA 4-C:22, III to read as follows:
III. If a municipality determines there is an immediate need to develop or amend subdivision or site plan review regulations in the manner provided by RSA 675:6 or to prevent deterioration of a critical water resource through a [zoning ordinance or amendment] temporary moratorium or limitation on the issuance of building permits or the granting of subdivision or site plan approval in the manner provided by RSA 674:23, [II,] it may adopt such temporary measures for protection of water resources. Such measures shall be valid as provided in RSA 674:23[, III].
2 Power to Regulate Subdivisions. Amend RSA 674:35, III to read as follows:
III. The planning board shall not limit the number of building permits that may be issued except in accordance with an innovative land use control ordinance addressing timing incentives and phased development under RSA 674:21 and adopted under RSA 674:16; or an ordinance to regulate and control the timing of development, adopted under RSA 674:22; or an ordinance [to regulate growth via interim regulation] establishing a temporary moratorium or limitation on the issuance of building permits, adopted under RSA 674:23. This paragraph shall not be construed to limit the planning board's authority to deny a subdivision application on the basis that it is scattered or premature.
3 Effective Date. This act shall take effect 60 days after its passage.