HB158 (2013) Detail

Relative to the issuance of waivers for lot loading or setback distances in condominium conversion.


HB 158 – AS INTRODUCED

2013 SESSION

13-0548

08/10

HOUSE BILL 158

AN ACT relative to the issuance of waivers for lot loading or setback distances in condominium conversion.

SPONSORS: Rep. Chandler, Carr 1; Rep. Pantelakos, Rock 25; Sen. Bradley, Dist 3

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill allows the department of environmental services to issue waivers for lot loading or setback distances in certain condominium conversions.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0548

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to the issuance of waivers for lot loading or setback distances in condominium conversion.

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

1 Prohibition on Waivers on Pre-Existing Property. Amend RSA 485-A:41, IV to read as follows:

IV.(a) Adopt rules, pursuant to RSA 541-A and after public hearing, relative to the implementation of this subdivision. The commissioner shall adopt rules relative to the circumstances under which the commissioner may grant a waiver of any rule, except that no waivers of rules relating to site loading or set-back distances to ground or surface waters shall be allowed for sewage or waste disposal systems on lots in subdivisions created after September 1, 1989. A waiver must be consistent with the intent of this subdivision and have a just result. In particular, an encroachment waiver shall meet the following criteria:

[(a)] (1) The proposed waiver shall not encroach upon the right of the owner of abutting property to fully utilize his land, unless said property owner has granted consent in the form of a signed waiver or deeded easement; and

[(b)] (2) Denial of the waiver would result in unnecessary hardship to the owner due to special characteristics of the property.

(b) Notwithstanding subparagraph (a), the commissioner shall not adopt rules prohibiting waivers of rules relating to site loading or set back distances to ground or surface waters for previously developed land where the property owner seeks to change the form of ownership to a condominium. The department may grant waivers for lot loading and setbacks on pending and future applications for condominium conversions.

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

Links

HB158 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB158 Revision: 23739 Date: Jan. 15, 2013, midnight

Docket