0144-hb 1163

CHAPTER 144

HB 1163 - FINAL VERSION

AN ACT relative to the date of decision for appeals of zoning matters.

SPONSORS: Rep. Hess, Merr 11; Rep. Foster, Hills 10; Rep. Lockwood, Merr 9; Rep. Simon, Hills 40

This bill provides that there is a 30-day time period for an affected person to file for a rehearing regarding any zoning decision or order of a zoning board of adjustment, local legislative body, board of appeals, or planning board. This bill also provides that this period begins with the date of the decision, and that if the minutes of the meeting were not filed within 144 hours of the vote, the person applying for rehearing may amend the motion for rehearing within 30 days after the date on which the written decision was actually filed.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the date of decision for appeals of zoning matters.

Be it Enacted by the Senate and House of Representatives in General Court convened:

144:1 Planning and Zoning; Local Land Use Board; Issuance of Decision. Amend RSA 676:3, II to read as follows:

II. Whenever a local land use board [~~issues a decision~~] votes to approve or disapprove an application or deny a motion for rehearing, the minutes of the meeting at which such vote is taken, including the written decision containing the reasons therefor, shall be placed on file in the board's office and shall be made available for public inspection within [72] 144 hours [~~after the decision is made~~] of such vote. Boards in towns that do not have an office of the board that has regular business hours shall file copies of their decisions with the town clerk.

144:2 Planning and Zoning; Rehearing and Appeal Procedures; Motion for Rehearing. Amend RSA 677:2 to read as follows:

677:2 Motion for Rehearing of Board of Adjustment, Board of Appeals, and Local Legislative Body Decisions. Within [20] 30 days after any order or decision of the zoning board of adjustment, or any decision of the local legislative body or a board of appeals in regard to its zoning [~~has been filed and first becomes available for public inspection in the office of the respective board or body or of its clerk or secretary~~], the selectmen, any party to the action or proceedings, or any person directly affected thereby may apply for a rehearing in respect to any matter determined in the action or proceeding, or covered or included in the order, specifying in the motion for rehearing the ground therefor; and the board of adjustment, a board of appeals, or the local legislative body, may grant such rehearing if in its opinion good reason therefor is stated in the motion. This [20] 30-day time period shall be counted in calendar days beginning with the [~~next working day during which the office of the board is open to the public following the day on which the decision is rendered~~] date upon which the board voted to approve or disapprove the application; provided however, that if the moving party shows that the minutes of the meeting at which such vote was taken, including the written decision, were not filed within 144 hours of the vote pursuant to RSA 676:3, II, the person applying for the rehearing shall have the right to amend the motion for rehearing, including the grounds therefor, within 30 days after the date on which the written decision was actually filed. If the decision complained against is that made by a town meeting, the application for rehearing shall be made to the board of selectmen, and, upon receipt of such application, the board of selectmen shall hold a rehearing within 30 days after receipt of the petition. Following the rehearing, if in the judgment of the selectmen the protest warrants action, the selectmen shall call a special town meeting.

144:3 Planning and Zoning; Rehearing and Appeal Procedures; 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 [~~action complained of has been filed and first becomes available for public inspection in the office of the respective board or body or of its clerk or secretary, setting~~] 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 144 hours of 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 [~~specifying~~] shall specify the grounds upon which the decision or order is claimed to be illegal or unreasonable. [~~The date of filing shall be considered to be the next working day during which the office of the board is open to the public following the day on which the order or decision is rendered.~~] For purposes of this section, "person aggrieved" includes any party entitled to request a rehearing under RSA 677:2.

144:4 Planning and Zoning; Rehearing and Appeal Procedures; Court Review. Amend RSA 677:15, I to read as follows:

I. Any persons aggrieved by any decision of the planning board concerning a plat or subdivision may present to the superior court a petition, duly verified, setting forth that such decision is illegal or unreasonable in whole or in part and specifying the grounds upon which the same is claimed to be illegal or unreasonable. Such petition shall be presented to the court within 30 days after the [~~decision of the planning board has been filed and first becomes available for public inspection in the office of the planning board or of its clerk or secretary~~] date upon which the board voted to approve or disapprove the application; 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 144 hours of 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. This paragraph shall not apply to planning board decisions appealable to the board of adjustment pursuant to RSA 676:5, III.