Revision: May 22, 2024, 9:18 a.m.
Sen. Gray, Dist 6
May 20, 2024
2024-2058s
05/08
Floor Amendment to HB 1215
Amend the title of the bill by replacing it with the following:
AN ACT relative to development approvals and appeals.
Amend the bill by replacing all after the enacting clause with the following:
1 Regulation of Subdivision of Land; Exemption. Amend RSA 674:39 to read as follows:
674:39 [Five] Ten-Year Exemption.
I. Every subdivision plat approved by the planning board and properly recorded in the registry of deeds and every site plan approved by the planning board and properly recorded in the registry of deeds, if recording of site plans is required by the planning board or by local regulation, shall be exempt from all subsequent changes in subdivision regulations, site plan review regulations, impact fee ordinances, and zoning ordinances adopted by any city, town, or county in which there are located unincorporated towns or unorganized places, except those regulations and ordinances which expressly protect public health standards, such as water quality and sewage treatment requirements, for a period of [5] 10 years after the date of approval; provided that:
(a) Active and substantial development or building has begun on the site by the owner or the owner's successor in interest in accordance with the approved subdivision plat within [24 months] 5 years after the date of approval, or in accordance with the terms of the approval, and, if a bond or other security to cover the costs of roads, drains, or sewers is required in connection with such approval, such bond or other security is posted with the city, town, or county in which there are located unincorporated towns or unorganized places, at the time of commencement of such development;
(b) Development remains in full compliance with the public health regulations and ordinances specified in this section; and
(c) At the time of approval and recording, the subdivision plat or site plan conforms to the subdivision regulations, site plan review regulations, and zoning ordinances then in effect at the location of such subdivision plat or site plan.
II. Once substantial completion of the improvements as shown on the subdivision plat or site plan has occurred in compliance with the approved subdivision plat or site plan or the terms of said approval or unless otherwise stipulated by the planning board, the rights of the owner or the owner's successor in interest shall vest and no subsequent changes in subdivision regulations, site plan regulations, or zoning ordinances, except impact fees adopted pursuant to RSA 674:21 and 675:2-4, shall operate to affect such improvements.
III. The planning board may, as part of its subdivision and site plan regulations or as a condition of subdivision plat or site plan approval, specify the threshold levels of work that shall constitute the following terms, with due regard to the scope and details of a particular project:
(a) "Substantial completion of the improvements as shown on the subdivision plat or site plan," for purposes of fulfilling paragraph II; and
(b) "Active and substantial development or building," for the purposes of fulfilling paragraph I.
IV. Failure of a planning board to specify by regulation or as a condition of subdivision plat or site plan approval what shall constitute "active and substantial development or building" shall entitle the subdivision plat or site plan approved by the planning board to the [5-year] 10-year exemption described in paragraph I. The planning board may, for good cause, extend the [24-month] 5-year period set forth in subparagraph I(a).
V. The 5-year period and 10-year exemption in this section shall apply to any approval granted on after July 1, 2019.
2 Powers of Building Code Board of Appeals. Amend RSA 674:34, I to read as follows:
I. The building code board of appeals shall hear and decide appeals of orders, decisions, or determinations made by the building official or fire official relative to the application and interpretation of the state building code or state fire code as defined in RSA 155-A:1. If the zoning board of adjustment is acting as the building code board of appeals under either RSA 673:1, V or RSA 673:3, IV, its jurisdiction shall be limited to hearing appeals of local amendments to the state building code or state fire code, and all other appeals shall be made to the building code review board under RSA 155-A:11-b. An application for appeal shall be based on a claim that the true intent of the code or the rules adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of the state building code or the state fire code.
3 New Hampshire Building Code; Appeal of Decisions of Local Building Code Board of Appeals. Amend RSA 155-A:11-b, I to read as follows:
I. The board shall hear and decide appeals of orders, decisions, or determinations made by the local building official relative to the application and interpretation of the state building code and state fire code as defined in RSA 155-A:1 and shall hear appeals of final decisions of any local building code board of appeals established under RSA 674.
4 Register of Deeds; Site Plans. Amend RSA 478:1-a by inserting after paragraph XIII the following new paragraph:
XIV. The register of deeds shall not refuse to record a plat under this section for failure to comply with a law, regulation, or ordinance adopted after the date the site plan or plat was approved by the municipal planning board.
5 Housing Appeals Board; Authority and Duties; Appeals of Decisions by the Building Code Review Board. Amend RSA 679:5, IV to read as follows:
IV. After local remedies have been exhausted, appeals may be brought before the board by an applicant to the municipal board, committee, or commission, or by any other aggrieved or injured party who can demonstrate legal standing to appeal pursuant to RSA 677:4 or RSA 677:15. The municipality shall be a party to the action. If the applicant is not the party initiating the action before the board, then the applicant shall automatically be an intervenor. The board shall grant intervenor status to abutters and to any other aggrieved or injured party who can demonstrate legal standing to appeal pursuant to RSA 677:4 or RSA 677:15. Decisions of the state fire marshal that may be appealed under RSA 155-A:11, I and final decisions of a local building code board of appeals that may be appealed under RSA 155-A:11-b shall first be appealed to the building code review board pursuant to those sections. Decisions of the building code review board on such appeals may then be appealed either to superior court pursuant to RSA 155-A:12 or the board under this chapter.
6 Effective Date. This act shall take effect on July 1, 2024.
2024-2058s
AMENDED ANALYSIS
This bill:
I. Extends the existing 5-year exemption for subdivision plats to 10 years and increases the preliminary step from 2 years to 5 years.
II. Changes the building code and fire code appeals process, limiting the jurisdiction of the local building code board of appeals to hearing decisions made under local amendments to those codes.
III. Provides that decisions of the building code review board regarding decisions of the fire marshal and local building code board of appeals may be appealed to superior court or the housing appeals board.