HB 1371 – VERSION ADOPTED BY BOTH BODIES
04/17/14 1006s
2014 SESSION
03/05
HOUSE BILL 1371
AN ACT relative to grading and improving subdivision streets.
SPONSORS: Rep. G. Chandler, Carr 1; Rep. Butler, Carr 7
COMMITTEE: Municipal and County Government
This bill allows a municipality that has authorized the planning board to approve subdivisions to authorize the governing body to approve the grading and improving of subdivision streets.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/17/14 1006s
14-2042
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to grading and improving subdivision streets.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Driveways and Other Accesses to the Public Way. Amend RSA 236:13, V to read as follows:
V. The same powers concerning highways under their jurisdiction as are conferred upon the commissioner of transportation by paragraphs I, II, III, and IV shall be conferred upon the planning board or governing body in cities and towns in which the planning board or governing body has been granted the power to regulate the grading and improvement of streets within a subdivision [of land] as provided in RSA 674:35, and they shall adopt such regulations as are necessary to carry out the provisions of this section. Such regulations may delegate administrative duties, including actual issuance of permits, to a highway agent, board of selectmen, or other qualified official or body. Such regulations, or any permit issued under them, may contain provisions governing the breach, removal, and reconstruction of stone walls or fences within, or at the boundary of, the public right of way, and any landowner or landowner’s agent altering a boundary in accordance with such provisions shall be deemed to be acting under a mutual agreement with the city or town pursuant to RSA 472:6, II(a).
2 Power to Regulate Subdivisions. Amend RSA 674:35, I to read as follows:
I. A municipality may by ordinance or resolution authorize the planning board to require preliminary review of subdivisions, and to approve or disapprove, in its discretion, plats, and to approve or disapprove plans showing the extent to which and the manner in which streets within subdivisions shall be graded and improved and to which streets water, sewer, and other utility mains, piping, connections, or [other] facilities within subdivisions shall be installed. A municipality may by ordinance or resolution transfer authority to approve or disapprove plans showing the extent to which and the manner in which streets within subdivisions shall be graded and improved from the planning board to the governing body.
3 Status of Existing Platting Statutes. Amend RSA 674:42 to read as follows:
674:42 Status of Existing Platting Statutes. After a planning board is granted platting jurisdiction by a municipality under RSA 674:35, the planning board’s jurisdiction shall be exclusive, except to the extent that the municipality has transferred authority to approve or disapprove plans showing the extent to which and the manner in which streets within subdivisions shall be graded and improved from the planning board to the governing body pursuant to RSA?674:35, I. All statutory control over plats or subdivisions of land granted by other statutes shall be given effect to the extent that they are in harmony with the provisions of this title. The planning board shall have all statutory control over plats or subdivisions of land. Prior laws which are inconsistent with the powers granted to the planning board and the municipality under this title, and which have expressly by ordinance been adopted by a municipality and made available to a planning board according to the provisions of this title, are hereby declared to have no application, force or effect so long as the powers conferred by this title shall continue to be exercised by a municipality.
4 Effective Date. This act shall take effect 60 days after its passage.