HB 1453 - AS INTRODUCED
2000 SESSION
HOUSE BILL 1453
AN ACT relative to the grant of power over applications before a planning board.
SPONSORS: Rep. Mirski, Graf 12
COMMITTEE: Municipal and County Government
This bill requires that planning boards shall be limited to the express words granting authority over review of applications. Any matters not expressly granted to the planning board shall be determined by the applicant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2147
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to the grant of power over applications before a planning board.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Zoning; Grant of Power. Amend RSA 674:16 by inserting after paragraph III the following new paragraph:
III-a. In the exercise of powers to adopt and enforce zoning ordinances, the local legislative body of a town, city, or county in which there are located unincorporated towns or unorganized places, shall be limited to the express words of an authorizing statute and the express words of an ordinance validly adopted according to the provisions of this title. The legislative body or its designated planning board shall not have the authority to require or deny any element of a matter before it unless the actual terms of the statute or ordinance grant such authority. All powers to enact or enforce zoning ordinances shall be pursuant to specific statutory or ordinance language and shall not include the authority for or possibility of subjective interpretation or application by any local zoning or planning official. Any matter not subject to a specific grant of authority in an applicable statute or ordinance shall be solely within the determination of an applicant before a legislative body or its designated planning board.
2 Effective Date. This act shall take effect 60 days after its passage.