Revision: March 11, 2009, midnight
SB 93 – AS INTRODUCED
2009 SESSION
10/05
SENATE BILL 93
AN ACT extending the exemption from subsequent local land use regulation where substantial development has begun on an approved plan.
COMMITTEE: Public and Municipal Affairs
This bill increases the time period for a property to be exempt from subsequent planning board regulation from 4 to 8 years from the date of approval of a subdivision plat or site plan.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0970
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT extending the exemption from subsequent local land use regulation where substantial development has begun on an approved plan.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Local Land Use Planning; Four Year Exemption Increased. Amend RSA 674:39 to read as follows:
674:39 [Four] Eight-Year Exemption.
I. Every subdivision plat approved by the planning board and properly recorded in the registry of deeds and every site plan approved by the planning board and properly recorded in the registry of deeds, if recording of site plans is required by the planning board or by local regulation, shall be exempt from all subsequent changes in subdivision regulations, site plan review regulations, impact fee ordinances, and zoning ordinances adopted by any city, town, or county in which there are located unincorporated towns or unorganized places, except those regulations and ordinances which expressly protect public health standards, such as water quality and sewage treatment requirements, for a period of [4] 8 years after the date of approval; provided that:
(a) Active and substantial development or building has begun on the site by the owner or the owner’s successor in interest in accordance with the approved subdivision plat within 12 months after the date of approval, or in accordance with the terms of the approval, and, if a bond or other security to cover the costs of roads, drains, or sewers is required in connection with such approval, such bond or other security is posted with the city, town, or county in which there are located unincorporated towns or unorganized places, at the time of commencement of such development;
(b) Development remains in full compliance with the public health regulations and ordinances specified in this section; and
(c) At the time of approval and recording, the subdivision plat or site plan conforms to the subdivision regulations, site plan review regulations, and zoning ordinances then in effect at the location of such subdivision plat or site plan.
II. Once substantial completion of the improvements as shown on the subdivision plat or site plan has occurred in compliance with the approved subdivision plat or site plan or the terms of said approval or unless otherwise stipulated by the planning board, the rights of the owner or the owner’s successor in interest shall vest and no subsequent changes in subdivision regulations, site plan regulations, or zoning ordinances, except impact fees adopted pursuant to RSA 674:21 and 675:2-4, shall operate to affect such improvements.
III. The planning board may, as part of its subdivision and site plan regulations or as a condition of subdivision plat or site plan approval, specify the threshold levels of work that shall constitute the following terms, with due regard to the scope and details of a particular project:
(a) “Substantial completion of the improvements as shown on the subdivision plat or site plan,” for purposes of fulfilling paragraph II; and
(b) “Active and substantial development or building,” for the purposes of fulfilling paragraph I.
IV. Failure of a planning board to specify by regulation or as a condition of subdivision plat or site plan approval what shall constitute “active and substantial development or building” shall entitle the subdivision plat or site plan approved by the planning board to the [4] 8-year exemption described in paragraph I. The planning board may, for good cause, extend the 12-month period set forth in paragraph I(a).
2 Effective Date. This act shall take effect 60 days after its passage.