Planning boards already have the authority (RSA 676:4(g)) to charge “Reasonable fees…to cover its administrative expenses and the cost of special investigative studies, review of documents…” The new provisions add specificity and transparency to the board’s authority to both require third party review and inspection and to require applicants to obtain or pay for third party review.
To do so the bill directly states the board may require the applicant to reimburse the board for “expenses reasonably incurred by obtaining third party review and consultation during the review process” and “…during the construction process.” To ensure transparency the board is charge with obtaining detailed invoices from the third party reviewer with descriptions of the services rendered. If requested by the applicant, the board must provide a “reasonably detailed accounting of expenses, or corresponding escrow deductions, with copies of supporting documentation.”
Additional safeguards, to protect against unreasonable costs being incurred by the applicant during construction, were also established. As of this bill’s effective date, any third party inspector during the construction process must “promptly” report, to the planning board, any perceived construction defect or deviation from the terms of the approval or approved project plans. Additionally, while not creating anything that was not previously permissible, the bill further elaborated that any person that is aware of a third party reviewers failure to provide such notice may report the reviewer to the joint board for possible peer review or disciplinary action.
Chapter 73 of the Laws of 2009 (HB 156), effective 8/8/2009.
The new law can be accessed at: http://www.gencourt.state.nh.us/legislation/2009/HB0156.html
