Text to be removed highlighted in red.
1 New Subdivision; Infrastructure-Based Special Assessment Districts for New Development. Amend RSA 52-A by inserting after section 12 the following new subdivision:
Infrastructure-Based Special Assessment Districts for New Development
52-A:13 Authority.
Consistent with the provisions of this subdivision, any town or city may establish one or more infrastructure-based special assessment districts for the purpose of financing public infrastructure improvements necessary to serve new development. Such districts may be established by a two-thirds vote of the governing body and a majority of the legislative body.
52-A:14 Public Facilities Authorized.
I. Public facilities eligible for financing under this subdivision shall include but are not limited to:
(a) Roads, sidewalks, street lighting, and traffic control devices;
(b) Water mains, sanitary sewer lines, storm water management systems, and related appurtenances;
(c) Utility extensions and connections directly serving the district; and
(d) Street scape or parking improvements incidental to development.
II. Public facilities shall not include general government buildings, schools, or other facilities that do not directly and specially benefit the properties subject to assessment within the district.
52-A:15 Apportionment of Costs. Special assessments levied within an infrastructure-based special assessment districts shall not exceed a proportionate share of benefits received by the property upon which the assessments are imposed. The governing body shall determine the method of apportionment, which may include, but is not limited to, frontage, lot size, number of units, assessed value, or other reasonable metric that reflects the special benefit conferred. Assessments shall be levied only upon properties that receive a direct and ascertainable benefit from the public facilities financed under this subdivision.
52-A:16 Financing.
I. A municipality may borrow money and issue bonds or notes to finance the public facilities within an infrastructure-based special assessment district, provided that such bonds or notes shall be repaid solely from special assessments levied under this subdivision.
II. Special assessments may be collected in annual installments over a period not to exceed 20 years, as determined by the governing body.
III. Special assessments shall constitute a lien on the assessed property, with the same priority and enforceability as property taxes under RSA 80.
52-A:17 Procedure for Establishment.
I. Prior to the establishment of an infrastructure-based special assessment district, the governing body shall hold a public hearing on the proposed district, with notice provided to each affected property owner by mail and published in a newspaper of a general circulation at least 14 days prior to the hearing.
II. Following the hearing, the governing body may adopt an order establishing the district by a two-third vote, subject to ratification by a majority vote of the legislative body at the next regular municipal election or meeting.
III. The order shall include a description of the district boundaries, the public facilities to be financed, the method of assessment, and the estimated cost and duration of the assessments.
52-A:18 Appeals. Any property owner subject to a special assessment under this subdivision may appeal the apportionment of costs to the governing body within 30 days of receiving written notice of the assessment. A final decision of the governing body may be appealed to the superior court in accordance with RSA 677.
52-A:19 Dissolution. An infrastructure-based special assessment district created under this subdivision shall not be dissolved until all debt incurred with respect to the district has been fully discharged and all special assessments levied for the purpose of paying such debt have been paid or otherwise satisfied. Upon satisfaction of these conditions, the governing body may vote to dissolve the district. Any remaining funds in the special assessment account shall be transferred to the municipality's general fund accumulated surplus, unless otherwise provided by vote of the legislative body.
2 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 New Subdivision; Infrastructure-Based Special Assessment Districts for New Development. Amend RSA 52-A by inserting after section 12 the following new subdivision:
Infrastructure-Based Special Assessment Districts for New Development
52-A:13 Authority.
Consistent with the provisions of this subdivision, any town or city may establish one or more infrastructure-based special assessment districts for the purpose of financing public infrastructure improvements necessary to serve new development. Such districts may be established by a two-thirds vote of the governing body and a majority of the legislative body.
52-A:14 Public Facilities Authorized.
I. Public facilities eligible for financing under this subdivision shall include but are not limited to:
(a) Roads, sidewalks, street lighting, and traffic control devices;
(b) Water mains, sanitary sewer lines, storm water management systems, and related appurtenances;
(c) Utility extensions and connections directly serving the district; and
(d) Street scape or parking improvements incidental to development.
II. Public facilities shall not include general government buildings, schools, or other facilities that do not directly and specially benefit the properties subject to assessment within the district.
52-A:15 Apportionment of Costs. Special assessments levied within an infrastructure-based special assessment districts shall not exceed a proportionate share of benefits received by the property upon which the assessments are imposed. The governing body shall determine the method of apportionment, which may include, but is not limited to, frontage, lot size, number of units, assessed value, or other reasonable metric that reflects the special benefit conferred. Assessments shall be levied only upon properties that receive a direct and ascertainable benefit from the public facilities financed under this subdivision.
52-A:16 Financing.
I. A municipality may borrow money and issue bonds or notes to finance the public facilities within an infrastructure-based special assessment district, provided that such bonds or notes shall be repaid solely from special assessments levied under this subdivision.
II. Special assessments may be collected in annual installments over a period not to exceed 20 years, as determined by the governing body.
III. Special assessments shall constitute a lien on the assessed property, with the same priority and enforceability as property taxes under RSA 80.
52-A:17 Procedure for Establishment.
I. Prior to the establishment of an infrastructure-based special assessment district, the governing body shall hold a public hearing on the proposed district, with notice provided to each affected property owner by mail and published in a newspaper of a general circulation at least 14 days prior to the hearing.
II. Following the hearing, the governing body may adopt an order establishing the district by a two-third vote, subject to ratification by a majority vote of the legislative body at the next regular municipal election or meeting.
III. The order shall include a description of the district boundaries, the public facilities to be financed, the method of assessment, and the estimated cost and duration of the assessments.
52-A:18 Appeals. Any property owner subject to a special assessment under this subdivision may appeal the apportionment of costs to the governing body within 30 days of receiving written notice of the assessment. A final decision of the governing body may be appealed to the superior court in accordance with RSA 677.
52-A:19 Dissolution. An infrastructure-based special assessment district created under this subdivision shall not be dissolved until all debt incurred with respect to the district has been fully discharged and all special assessments levied for the purpose of paying such debt have been paid or otherwise satisfied. Upon satisfaction of these conditions, the governing body may vote to dissolve the district. Any remaining funds in the special assessment account shall be transferred to the municipality's general fund accumulated surplus, unless otherwise provided by vote of the legislative body.
2 Effective Date. This act shall take effect 60 days after its passage.