HB299 (2017) Detail

Relative to notice by mail for zoning and planning purposes.


CHAPTER 59

HB 299 - FINAL VERSION

 

 

2017 SESSION

17-0258

03/06

 

HOUSE BILL 299

 

AN ACT relative to notice by mail for zoning and planning purposes.

 

SPONSORS: Rep. J. Belanger, Hills. 27

 

COMMITTEE: Municipal and County Government

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill amends certain notice requirements under the zoning and planning laws to require verified mail instead of certified mail.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0258

03/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to notice by mail for zoning and planning purposes.

 

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

 

59:1  Commercial Exceptions.  Amend RSA 674:27, V to read as follows:

V.  All known abutters of any proposed business, commercial, or industrial site shall be notified by the board of adjustment by [certified mail] verified mail, as defined in RSA 451-C:1, VII, at least one week prior to any public hearing regarding the site.  The names and addresses of the known abutters shall be supplied by the applicant on a plat plan to be submitted to the board of adjustment.

59:2  Small Wind Energy Systems.  Amend RSA 674:66, I(a) to read as follows:

I.(a)  A municipal building inspector shall notify all abutters by [certified mail] verified mail, as defined in RSA 451-C:1, VII, upon application for a building permit to construct a small wind energy system.  Abutters shall be afforded a 30-day comment period prior to the issuance of a building permit.  An appeal may be made to the building code board of appeals pursuant to RSA 674:34 or to the zoning board of adjustment pursuant to RSA 676:5, as may be appropriate.

59:3  Board's Procedure on Plats.  Amend RSA 676:4, I(d)(1) to read as follows:

(d)(1)  Notice to the applicant, holders of conservation, preservation, or agricultural preservation restrictions, abutters, and the public shall be given as follows:  The planning board shall notify the abutters, the applicant, holders of conservation, preservation, or agricultural preservation restrictions, and every engineer, architect, land surveyor, or soil scientist whose professional seal appears on any plat submitted to the board by [certified mail] verified mail, as defined in RSA 451-C:1, VII, of the date upon which the application will be formally submitted to the board.  Notice shall be mailed at least 10 days prior to submission.  Notice to the general public shall also be given at the same time by posting or publication as required by the subdivision regulations.  The notice shall include a general description of the proposal which is the subject of the application and shall identify the applicant and the location of the proposal.  For any public hearing on the application, the same notice as required for notice of submission of the application shall be given.  If notice of public hearing has been included in the notice of submission or any prior notice, additional notice of that hearing is not required nor shall additional notice be required of an adjourned session of a hearing with proper notice if the date, time, and place of the adjourned session was made known at the prior hearing.  All costs of notice, whether mailed, posted, or published, shall be paid in advance by the applicant.  Failure to pay such costs shall constitute valid grounds for the planning board to terminate further consideration and to disapprove the plat without a public hearing.

59:4  Revocation of Recorded Approval.  Amend RSA 676:4-a, III to read as follows:

III.  A declaration of revocation, dated and endorsed in writing by the planning board, and containing reference to the recording information for the plat, plan, or other approval being revoked, shall be filed for recording with the register of deeds, no sooner than 30 days after written notification of the revocation is served on the applicant or the applicant's successor in interest, in person or by [certified mail] verified mail, as defined in RSA 451-C:1, VII, or 30 days after any public hearing, whichever is later.  If only part of an approval is revoked, that portion of land subject to revocation shall be clearly identified in the declaration.  The declaration shall be recorded under the same name or names as was the original approval, as well as the names of subsequent owners, if any, of the land or part thereof subject to revocation, as identified by the municipality.

59:5  Board of Adjustment Hearing.  Amend RSA 676:7, I(a) to read as follows:

(a)  The appellant and every abutter and holder of conservation, preservation, or agricultural preservation restrictions shall be notified of the hearing by [certified mail] verified mail, as defined in RSA 451-C:1, VII, stating the time and place of the hearing, and such notice shall be given not less than 5 days before the date fixed for the hearing of the appeal.  The board shall hear all abutters and holders of conservation, preservation, or agricultural preservation restrictions desiring to submit testimony and all nonabutters who can demonstrate that they are affected directly by the proposal under consideration.  The board may hear such other persons as it deems appropriate.

59:6  Effective Date.  This act shall take effect 60 days after its passage.

Approved: June 02, 2017

Effective Date: August 01, 2017

Links

HB299 at GenCourtMobile

Action Dates

Date Body Type
Jan. 25, 2017 House Hearing
Jan. 25, 2017 House Exec Session
Feb. 9, 2017 House Floor Vote
March 8, 2017 Senate Hearing
April 20, 2017 Senate Floor Vote

Bill Text Revisions

HB299 Revision: 459 Date: June 6, 2017, 11:08 a.m.
HB299 Revision: 460 Date: April 20, 2017, 11:34 a.m.
HB299 Revision: 461 Date: Jan. 30, 2017, 10:37 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Municipal and County Government HJ 3 P. 7
Jan. 24, 2017 ==CANCELLED== Public Hearing: 01/24/2017 11:00 AM LOB 301
Jan. 25, 2017 ==RESCHEDULED== Public Hearing: 01/25/2017 11:00 AM LOB 301
Jan. 25, 2017 Executive Session: 01/25/2017 LOB 301
Feb. 9, 2017 Committee Report: Ought to Pass for 02/09/2017 (Vote 16-0; CC) HC 10 P. 6
Feb. 9, 2017 Ought to Pass: MA VV 02/09/2017 HJ 6 P. 5
Feb. 16, 2017 Introduced 02/16/2017 and Referred to Public and Municipal Affairs; SJ 7
March 8, 2017 Hearing: 03/08/2017, Room 102, LOB, 09:30 am; SC 12
April 20, 2017 Committee Report: Ought to Pass, 04/20/2017; Vote 5-0; CC; SC 19
April 20, 2017 Ought to Pass: MA, VV; OT3rdg; 04/20/2017; SJ 14
April 27, 2017 Enrolled (In recess 04/27/2017); SJ 16
April 20, 2017 Enrolled 04/20/2017 HJ 14 P. 26
June 2, 2017 Signed by Governor Sununu 06/02/2017; Chapter 59; Eff. 8/1/2017