How to Subdivide Land to Family in New Hampshire

Oftentimes asked questions relative to planning boards in New Hampshire.

(too meet The Planning Board in New Hampshire: A Handbook for Local Officials)

When is a subdivision or site plan application which has been "formally accustomed" past the planning lath grandfathered from whatsoever proposed amendments to a zoning ordinance or subdivision/site plan review regulations?

Can the public hearing be held at the same Planning Board meeting when a subdivision or site plan application is accepted as consummate?

Does a Planning Lath have the authority to approve a subdivision or site plan with frontage only on a Class VI road?

How does a Class Six route get changed to Class V?

What about structure of a single family habitation on a Class VI road?

When should a Planning Lath grant a waiver of its regulations?

How should the Planning Board handle an application which is incomplete?

Does the State regulate fences?

How does a town handle a situation where a resident holds yard sales so ofttimes that it might be classified every bit a home occupation?

Is at that place a State building code?

When a Planning Board is voting, do yous count the number of members present (the quorum) or the full number of members to determine if there is a majority?

When exercise subdivisions need "land subdivision blessing"?

When do subdivisions need to be registered with the Attorney Full general's Office?

If an awarding is submitted with several waiver requests, tin can the Planning Board concur a site walk prior to its acceptance to help decide if the waivers should exist granted?

If someone applies to the planning board for an approval but they owe back taxes, can the Planning Board decline to grant the blessing until the dorsum taxes are paid?

If there is an application to the Planning Board, does the board and then have an automatic right to enter onto the private property as part of the application process?

When is a subdivision or site plan application which has been "formally accepted" by the planning board grandfathered from whatever proposed amendments to a zoning ordinance or subdivision/site plan review regulations?

RSA 676:12 states that if a subdivision or site programme application has been formally accepted by the Planning Board prior to the posting of the first official detect of the public hearing on the proposed changes, then that awarding is exempt from whatsoever proposed amendments from those changes.

Tin the public hearing be held at the same Planning Lath meeting when a subdivision or site plan application is accepted equally complete?

Yeah. Both can take place on the aforementioned coming together provided that proper detect was given for both. This need not be ii separate mailings to abutters and then long equally the notice of the coming together clearly states that the public hearing may take identify upon the board finding that the application is complete and their vote of acceptance. Keep in mind that a hearing may be continued over more one meeting as long equally the engagement, time and identify of the adjourned session is fabricated known at the prior hearing.

Does a Planning Board have the potency to approve a subdivision or site programme with frontage but on a Class Vi route?

Aye, but be conscientious! A Planning Board has the authorization to grant a subdivision on a class 6 road unless specifically addressed past local regulations. When dealing with any development on a class VI road, a very important statute to consider is RSA 674:41. That statute states in function that "no building shall be erected on whatsoever lot within any function of the municipality nor shall a edifice permit exist issued for the erection of a building…" on a class VI road unless authorized past vote of the governing body only after review and comment by the planning board and the filing of a notice of the limits of municipal responsibility and liability in the registry of deeds. In other words, the state might be able to exist subdivided simply at that place is an additional process to go through before someone can build. The planning board should adopt a policy (or meliorate their subdivision regulations) to address developments on form VI roads along with the selectmen regarding reclassifications or individual edifice permits under 674:41. Improving a class Half dozen road does not modify its nomenclature and governing body permission is required to work on whatever public highway, regardless of nomenclature (see RSA 236:9-12).

How does a Class VI road become changed to Form V?

There have historically only been two ways for a course VI road to be inverse to a class Five road, a "layout" or a legislative body vote to reclassify (RSA 231:22-a,I). In 1999, RSA 229:5,Vi was amended to add together a third way a class VI road tin can alter to a grade V: "Any public highway which at one time lapsed to Class VI status due to five-years' nonmaintenance, every bit prepare forth in RSA 229:5,Seven, but which subsequently has been regularly maintained and repaired by the town on more than a seasonal basis and in suitable status for year-round travel thereon for at to the lowest degree 5 successive years without existence declared an emergency lane pursuant to RSA 231:59-a, shall be accounted a Class 5 highway."

What about construction of a single family habitation on a Class VI road?

Equally stated in RSA 674:41, it is the Board of Selectmen's (i.due east. governing torso) conclusion on whether to permit buildings on Class VI roads. Too, the municipality volition not presume responsibility for maintenance nor liability for any damages resulting from the employ of a Class VI highway and will require the applicant to produce documentation that observe of the limits of municipal responsibleness and liability has been recorded in the county registry of deeds. If an individual is denied the permit by the governing body, he or she may appeal the deprival to the ZBA (RSA 674:41,II).

When should a Planning Board grant a waiver of its regulations?

Waivers are usually authorized in Planning Board subdivision regulations and are specifically required for site programme review regulations (see RSA 674:44,3-e). Waivers should be granted in cases where, in the opinion of the Board, compliance with the regulations would identify an unnecessary burden on the applicant. It is also recommended that waiver clauses identify the specific criteria under which a waiver volition be granted. This should make the decision process more defined for planning boards.

How should the Planning Board handle an application which is incomplete?

The primary concern here should be the beginning of the 65-twenty-four hours "clock". If data is lacking, a lath should non vote to conditionally accept an application at this point as the "clock" will be running while items are still non available. Information technology is best for the Board to vote to reject the application as incomplete. In addition, an awarding shall not exist considered incomplete solely because information technology is dependent upon the issuance of permits or approvals from other governmental bodies; withal, the planning board may status approving upon the receipt of such permits or approvals.

To have this discussion one stride farther, if the applicant takes exception to the board's decision and does not agree to submit any additional information, the applicant can treat this Planning Lath decision equally a concluding disapproval under RSA 676:iv,I(e)(ii) and thus entreatment the decision to Superior Court. You lot are strongly urged to review RSA 676:4 since it has been revised many times.

Does the Land regulate fences?

The merely residential fences regulated by the State are spite fences (encounter RSA 476), stonewalls, and fences on state holding. Towns are authorized to regulate fences, see town zoning ordinance.

How does a town handle a situation where a resident holds g sales then often that information technology might be classified as a home occupation?

There are two ways to regulate k sales that border on becoming home occupations; 1.) through your town zoning ordinance or ii.) a municipal ordinance. Hither are a few examples of zoning ordinance regulation.

• Town of Gilford: a permit is required from the Police Section. The length and frequency of the 1000 sale is restricted.
• City of Lebanese republic: divers in the zoning ordinance equally a apply that is not regulated by the ordinance unless information technology exceeds ii sequent days or occurs 2 times in a calendar year. If so, it requires a zoning permit and is field of study to regulations in the zoning ordinance.
• Town of Wolfeboro: approving from the Code Enforcement Office is required if signs are used. Further regulations are specified in the zoning ordinance.

Is there a Land building code?

Yes. RSA 155-A was revised by the legislature in 2002 to now provide for a uniform state building code. Links to the chapter law text and a summary of the bill can be constitute in the Resources Library.

When a Planning Board is voting, practice you count the number of members present (the quorum) or the total number of members to determine if there is a majority?

That it depends on what the Planning Board is deciding. If they are acting on their own regulations (i.e., amending the primary plan, adopting site plan regulations, etc.) the provisions of 675:half-dozen,II would apply where a majority of members would be needed to laissez passer a motion, not just a majority of those present (a quorum).

But, if the lath is interim on an application [676:4] (subdivision, site plan, etc.) and so it would crave a simple majority of the members nowadays to pass an issue. This would correspond with the notion that the "board" in this case is the gathering of members, not the total membership, in other words, the quorum.

The reasoning is that passing regulations is a much more important function and the whole board should exist involved, or at least there should be unanimous approval of a vii fellow member board who merely has iv members present. Plus, this activity could exist postponed until a full board is available which may not be the case when dealing with an awarding with the associated statutory time frames (the 65 day "clock".)

When do subdivisions need "country subdivision approving?"

Any lot that is v acres in size or smaller that will have on-site septic disposal and on-site water supply must first be approved past the Section of Ecology Services, Subsurface Systems Agency (603-271-3501).

When do subdivisions need to be registered with the Attorney General's Office?

A subdivider of subdivided lands of no more than 50 lots, parcels, units, or interests may utilize to the chaser general for an exemption from the registration and annual reporting requirements of RSA 356-A:4, I and RSA 356-A:v through RSA 356-A:9. Condominium developments of 11 or more units must besides register with the AG under the Condominium Deed (356-B). For more information, contact the Section of Justice, Consumer Protection and Antitrust Agency (603-271-3641).

If an application is submitted with several waiver requests, can the Planning Board hold a site walk prior to its acceptance to help determine if the waivers should be granted?

No, the planning board cannot bear a site walk without outset having accepted the application, waivers or no waivers. Credence of the application is assertion of jurisdiction over the subject and commences the public body'due south formal review of the matter put before it. A site walk is really an extension of the public hearing procedure, during which the board is gathering the information it needs to make its terminal conclusion on the application. The board cannot act on the waivers (i.e., approve or disapprove them) until information technology has first voted to accept the application. All the same, one time the application has been accustomed the lath might reject a waiver asking thus requiring the applicant to submit the missing information. If the bidder refuses, the board could ultimately deny the awarding.

If someone applies to the planning board for an approval merely they owe back taxes, can the Planning Board pass up to grant the approval until the back taxes are paid?

No. The planning lath can only deed under the jurisdiction of the subdivision or site plan review regulations and are not a tax collection board.

If there is an application to the Planning Board, does the lath then take an automatic correct to enter onto the private belongings as function of the application procedure?

The simple answer is no, just because someone applies for an approval under the planning lath'south regulations, they exercise not surrender their individual property rights. Nevertheless, the board can be granted this authority "past ordinance" as outlined in RSA 674:one,Iv. Once the authorisation is granted, an "entry authorization" check box should exist added to the appropriate application forms and then that the bidder knows that the authority has been granted and the board may be entering the property. If the country owner refuses entry, the lath may obtain an administrative inspection warrant nether RSA 595-B to enter and, of course, the ultimate leverage is the blessing the country owner is seeking. If there is an application and the lath determines they demand to inspect the property to obtain information necessary to make an informed determination and the country possessor refuses, the lath tin can but deny the application citing lack of sufficient information.

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Source: https://www.nh.gov/osi/planning/resources/faq-planning-board.htm

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