Text to be removed highlighted in red.
1 Repeal. The following are repealed:
I. 2019, 346:259, relative to findings of the general court relative to the housing appeals board.
II. 2019, 346:262, relative to an appropriation to the housing appeals board.
III. RSA 679, relative to the housing appeals board.
2 Planning and Zoning; Appeal from Decision on Motion for Rehearing. Amend RSA 677:4 to read as follows:
677:4 Appeal From Decision on Motion for Rehearing.
Any person aggrieved by any order or decision of the zoning board of adjustment or any decision of the local legislative body may apply, by petition, to the superior court within 30 days after the date upon which the board voted to deny the motion for rehearing; provided however, that if the petitioner shows that the minutes of the meeting at which such vote was taken, including the written decision, were not filed within 5 business days after the vote pursuant to RSA 676:3, II, the petitioner shall have the right to amend the petition within 30 days after the date on which the written decision was actually filed. The petition shall set forth that such decision or order is illegal or unreasonable, in whole or in part, and shall specify the grounds upon which the decision or order is claimed to be illegal or unreasonable. For purposes of this section, "person aggrieved" includes any party entitled to request a rehearing under RSA 677:2.
3 Appeal and Court Review of Planning Board Decisions; Court Review. Amend RSA 677:15, IV to read as follows:
IV. The court shall give any hearing under this section priority on the court calendar.
4 Appropriation; Judicial Council. The sum of $400,000 for the fiscal year ending June 30, 2021 is hereby appropriated to the judicial council in order to comply with the deadlines imposed by RSA 677:15, IV. Said sum shall not lapse until June 30, 2021. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
5 Effective Date.
I. Section 2 of this act shall take effect 90 days after its passage.
II. The remainder of this act shall take effect upon its passage.
Text to be added highlighted in green.
1 Repeal. The following are repealed:
I. 2019, 346:259, relative to findings of the general court relative to the housing appeals board.
II. 2019, 346:262, relative to an appropriation to the housing appeals board.
III. RSA 679, relative to the housing appeals board.
2 Planning and Zoning; Appeal from Decision on Motion for Rehearing. Amend RSA 677:4 to read as follows:
677:4 Appeal From Decision on Motion for Rehearing.
I. Any person aggrieved by any order or decision of the zoning board of adjustment or any decision of the local legislative body may apply, by petition, to the superior court within 30 days after the date upon which the board voted to deny the motion for rehearing; provided however, that if the petitioner shows that the minutes of the meeting at which such vote was taken, including the written decision, were not filed within 5 business days after the vote pursuant to RSA 676:3, II, the petitioner shall have the right to amend the petition within 30 days after the date on which the written decision was actually filed. The petition shall set forth that such decision or order is illegal or unreasonable, in whole or in part, and shall specify the grounds upon which the decision or order is claimed to be illegal or unreasonable. For purposes of this section, "person aggrieved" includes any party entitled to request a rehearing under RSA 677:2.
II. If the appeal is related to illegal denial of accessory dwelling units as described in RSA 674:72, an appeal may be filed online by the applicant directly to the superior court for a fee of $1. The court shall review the record of such an appeal to determine if the denial was clearly improper and, if so, overrule the decision of the local board without further hearing. The court shall make such an order within 60 days from the date the appeal was filed. The court shall delineate the cause for its decision in its issued ruling. The town may appeal such a decision to the superior court.
3 Appeal and Court Review of Planning Board Decisions; Court Review. Amend RSA 677:15, IV to read as follows:
IV.
(a) The court shall hold a hearing on the merits within 90 days of its receipt of a notice of appeal.
(b) The court shall make a decision on an appeal within 60 days after conducting a hearing on the merits.
4 Appropriation; Judicial Council. The sum of $400,000 for the fiscal year ending June 30, 2021 is hereby appropriated to the judicial council in order to comply with the deadlines imposed by RSA 677:15, IV. Said sum shall not lapse until June 30, 2021. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
5 Effective Date.
I. Section 2 of this act shall take effect 90 days after its passage.
II. The remainder of this act shall take effect upon its passage.