HB 551-FN - LOCAL - AS INTRODUCED

2005 SESSION

05-0124

06/01

HOUSE BILL 551-FN-LOCAL

AN ACT relative to the timing of security or assessment in subdivision plat approval.

SPONSORS: Rep. W. P. Campbell, Straf 3

COMMITTEE: Municipal and County Government

ANALYSIS

This bill provides for posting of security or for assessment before building permits are issued rather than prior to final approval of the plat.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0124

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to the timing of security or assessment in subdivision plat approval.

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

1 Subdivision Regulations; Surety and Assessment; Time Changed. Amend RSA 674:36, III(b) and (c) to read as follows:

(b) Shall provide that, in lieu of the completion of street work and utility installations prior to the [final approval of a plat] issuance of building permits, the planning board shall accept a performance bond, irrevocable letter of credit, or other type or types of security as shall be specified in the subdivision regulations; provided that in no event shall the exclusive form of security required by the planning board be in the form of cash or a passbook. As phases or portions of the secured improvements or installations are completed and approved by the planning board or its designee, the municipality shall partially release said security to the extent reasonably calculated to reflect the value of such completed improvements or installations. Cost escalation factors that are applied by the planning board to any bond or other security required under this section shall not exceed 10 percent per year. The planning board shall, within the limitations provided in this subparagraph, have the discretion to prescribe the type and amount of security, and specify a period for completion of the improvements and utilities to be expressed in the bond or other security, in order to secure to the municipality the actual construction and installation of such improvements and utilities. The municipality shall have the power to enforce such bonds or other securities by all appropriate legal and equitable remedies.

(c) May provide that in lieu of the completion of street work and utility installations prior to the [final approval of the plat] issuance of building permits, the subdivision regulations may provide for an assessment or other method by which the municipality is put in an assured position to do said work and to make said alterations at the cost of the owners of the property within the subdivision.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

05-0124

1/28/05

HB 551-FN - FISCAL NOTE

AN ACT relative to the timing of security or assessment in subdivision plat approval.

FISCAL IMPACT:

METHODOLOGY: