Revision: Jan. 23, 2013, midnight
SB 49 – AS INTRODUCED
2013 SESSION
03/04
SENATE BILL 49
AN ACT relative to appeals of planning board decisions.
SPONSORS: Sen. Boutin, Dist 16; Sen. Cataldo, Dist 6; Sen. Fuller Clark, Dist 21; Sen. Odell, Dist 8; Sen. Rausch, Dist 19; Sen. Reagan, Dist 17; Sen. Watters, Dist 4; Rep. Lockwood, Merr 9; Rep. Cooney, Graf 8; Rep. Ferrante, Rock 6
COMMITTEE: Public and Municipal Affairs
This bill provides for appeals of planning board decisions concerning a subdivision or site plan to the board of adjustment prior to appeal to the superior court.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0836
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to appeals of planning board decisions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Appeal of Planning Board Decisions. Amend RSA 677:15 by inserting after paragraph I the following new paragraph:
I-a.(a) Any aggrieved party desiring to appeal a decision of the planning board concerning a subdivision or site plan under this section shall first appeal to the board of adjustment any part of the planning board’s decision that is appealable under RSA 676:5, III. If any party appeals any part of the planning board’s decision to the superior court before all matters appealed to the board of adjustment have been resolved, the court shall stay the appeal until resolution of such matters. After the final resolution of all such matters appealed to the board of adjustment, any aggrieved party may appeal to the superior court, by petition, any or all matters concerning the subdivision or site plan decided by the planning board or the board of adjustment. The petition shall be presented to the superior court within 30 days after the board of adjustment’s denial of a motion for rehearing under RSA 677:3, subject to the provisions of paragraph I.
(b) If, upon an appeal to the superior court under this section, the court determines that any matters contained in the appeal should have been appealed to the board of adjustment under RSA 676:5, III, the court shall issue an order to that effect, and shall stay proceedings on any remaining matters until final resolution of all matters before the board of adjustment. Upon such a determination by the superior court, the party who brought the appeal shall have 30 days to present such matters to the board of adjustment under RSA 676:5, III.
2 Effective Date. This act shall take effect 60 days after its passage.