Revision: Jan. 16, 2020, 9:10 a.m.
SB 721-FN-A - AS INTRODUCED
2020 SESSION
20-2968
11/10
SENATE BILL 721-FN-A
AN ACT relative to court review of planning board decisions and making an appropriation therefor.
SPONSORS: Sen. Dietsch, Dist 9; Sen. Fuller Clark, Dist 21; Rep. Mullen, Hills. 7; Rep. Maggiore, Rock. 22
COMMITTEE: Judiciary
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ANALYSIS
This bill eliminates the housing appeals board and modifies the deadline for superior court action on appeals from the zoning board of adjustment.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2968
11/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to court review of planning board decisions and making an appropriation therefor.
Be it Enacted by the Senate and House of Representatives in General Court convened:
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 The following are repealed: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. [The court shall give any hearing under this section priority on the court calendar.]
(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.
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.
20-2968
1/10/20
SB 721-FN-A- FISCAL NOTE
AS INTRODUCED
AN ACT relative to court review of planning board decisions and making an appropriation therefor.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | (-$15,000) | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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The Judicial Branch and the Judicial Council were originally contacted on December 6, 2019 for fiscal note worksheets, which they have not provided as of January 10, 2020.
METHODOLOGY:
This bill eliminates the housing appeals board and modifies the deadline for superior court action on appeals from the zoning board of adjustment. This bill makes a general fund appropriation of $400,000 to the Judicial Council for the fiscal year ending June 30, 2021 and repeals a general fund appropriation $415,000 to the Housing Appeals Board for the fiscal year ending June 30, 2021 resulting in a net dcrease in appropriation of $15,000 in FY 2021.
The Municipal Association indicates the change in law regarding court review of planning board decisions should not have any direct effect on municipal revenues or expenditures.
The Department of Administrative Services states the Housing Appeals Board was established in Chapter 346:259-262, Laws of 2019 (HB4). This bill would repeal those sections of law that have not yet become effective, including the general fund appropriation of $415,000 to the Board for the fiscal year ending June 30, 2021. The Department indicates, while repeal of the appropriation will result in savings, any such savings are not to the Department and cannot be determined since the Board has not been established and any expenditures to be avoided are unknown.
AGENCIES CONTACTED:
Department of Administrative Services, New Hampshire Municipal Association, Judicial Branch and Judicial Council