Bill Text - HB131 (2017)

Relative to the costs for notice of changes in a zoning district.


Revision: July 20, 2017, 10:06 a.m.

CHAPTER 231

HB 131 - FINAL VERSION

 

8Mar2017... 0430h

04/27/2017   1542s

22Jun2017... 2294CofC

2017 SESSION

17-0082

03/06

 

HOUSE BILL 131

 

AN ACT relative to the costs for notice of changes in a zoning district.

 

SPONSORS: Rep. Massimilla, Graf. 1; Rep. Theberge, Coos 3; Rep. Irwin, Sull. 6

 

COMMITTEE: Municipal and County Government

 

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AMENDED ANALYSIS

 

This bill requires the petitioners submitting a zoning amendment petition to pay the costs of notification.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Mar2017... 0430h

04/27/2017   1542s

22Jun2017... 2294-CofC 17-0082

03/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the costs for notice of changes in a zoning district.

 

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

 

:231:1  Notice Requirements for Public Hearing.  Amend RSA 675:7, I to read as follows:

I.  Notice shall be given for the time and place of each public hearing held under RSA 675:2-4 and RSA 675:6 at least 10 calendar days before the hearing.  The notice required under this section shall not include the day notice is posted or the day of the public hearing.  Notice of each public hearing shall be published in a paper of general circulation in the municipality and shall be posted in at least 2 public places.  Any person owning property in the municipality may request notice of all public hearings on proposed amendments to the zoning ordinance, and the municipality shall provide notice, at no cost to the person, electronically or by first class mail.

I-a.  If a proposed amendment to a zoning ordinance would change a boundary of a zoning district and the change would affect 100 or fewer properties, notice of a public hearing on the amendment shall be sent by first class mail to the owners of each affected property.  If a proposed amendment to a zoning ordinance would change the minimum lot sizes or the permitted uses in a zoning district that includes 100 or fewer properties, notice of a public hearing on the amendment shall be sent by first class mail to the owner of each property in the district.  Notice by mail shall be sent to the address used for mailing local property tax bills, provided that a good faith effort and substantial compliance shall satisfy the notice by mail requirements of this paragraph.  [Petitioned amendments as authorized in RSA 675:4 shall not be subject to notification by mail requirements.]

I-b.  In the case of a petitioned zoning amendment as authorized in RSA 675:4, the petitioners shall be responsible for the cost of notice by mail under paragraph I-a.  If the full cost of notice is not paid at the time of submission, the municipality shall inform the voter whose name appears first on the petition of the cost of notice within 5 business days, and the balance shall be paid within another 5 business days.  If full payment is not made and received within 5 business days, the selectmen or village district commissioners may, in their discretion, decide to accept or decline the petition for submission.  Failure by the municipality to inform the responsible person of the cost of notice shall be deemed a waiver of the payment requirement.

231:2  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: July 18, 2017

Effective Date: September 16, 2017