HB 391 - AS INTRODUCED
1999 SESSION
HOUSE BILL 391
AN ACT establishing a village plan alternative in zoning and land use planning laws.
SPONSORS: Rep. Mirski, Graf 12; Rep. M. Fuller Clark, Rock 36
COMMITTEE: Municipal and County Government
This bill establishes the village plan alternative in zoning and land use planning. Village plan alternative development grants a developer or owner of land the option to develop a limited portion of the property in an expedited manner and without certain dimensional requirements while keeping the major portion of property as undeveloped open space.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
99-0043
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine
AN ACT establishing a village plan alternative in zoning and land use planning laws.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Innovative Land Use Controls; Village Plan Alternative Added. Amend RSA 674:21, I by inserting after subparagraph (m) the following new subparagraph:
(n) Village Plan Alternative Development.
2 New Paragraph; Village Plan Alternative Defined. Amend RSA 674:21 by inserting after paragraph V the following new paragraph:
VI. In this section, "village plan alternative" means an optional land use control or subdivision regulation which promotes retention and public usage of open space and wildlife habitat, by allowing development only on a limited portion of the property of the developer or owner. The majority of the property in the village plan shall be required to remain undeveloped. The village plan alternative allows the developer or owner to have an expedited subdivision application and approval process. Existing zoning and subdivision regulations relating to emergency access, fire prevention, building codes, and public health and safety concerns shall apply to the developed portion but dimensional requirements such as frontage, setback, and lot size regulations, as well as density regulations may be waived or reduced. If the total area of a proposed subdivision including all roadways and improvements does not exceed 20 percent of the total land area of the undeveloped lot, and if the proposed subdivision incorporates the total sum of all proposed development as permitted by local and state regulation on the undeveloped lot, all existing and future dimensional requirements imposed by local or state regulation, including lot size, shall not apply to the development.
3 Development Restrictions Enforceable; Village Plan Development Added. Amend RSA 674:21-a to read as follows:
674:21-a Development Restrictions Enforceable. Any open space designation or other development restriction which is part of a cluster development, planned unit development, village plan alternative development, or other proposal approved under innovative land use controls, or which is lawfully imposed by a local land use board as a condition of subdivision, site plan, variance, or other type of approval, and which has been filed in the records of the local land use board in accordance with its established procedure, shall be deemed to create a conservation restriction as defined in RSA 477:45, I, which shall run with the land, and shall be enforceable by the municipality, or by the owner of any property which would be specially damaged by the violation of such restriction, regardless of whether any deed or other instrument conveying such restriction has been executed or recorded. For purposes of this section, an applicant's statement of intent to restrict development, submitted with or contained in an application which is subsequently approved, shall be deemed a condition of the approval.
4 New Subparagraph; Subdivision Regulations; Village Plan Alternative Development Added. Amend RSA 674:36, II by inserting after subparagraph (j) the following new subparagraph:
(k) Provide for efficient and compact subdivision development which promotes retention and public usage of open space and wildlife habitat, by allowing for village plan alternative development as defined in RSA 674:21, VI.
5 Effective Date. This act shall take effect 60 days after its passage.