§ 674:21-a — Development Restrictions Enforceable

New Hampshire § 674:21-a

• Jurisdiction: New Hampshire
• Title LXIV: PLANNING AND ZONING
• Ch. 674: LOCAL LAND USE PLANNING AND REGULATORY POWERS
• Subdivision: Zoning

Text

Any open space designation or other development restriction which is part of a cluster development, planned unit development, village plan alternative subdivision, or other proposal approved under innovative land use controls, or which is lawfully imposed by a local land use board as a condition of subdivision, site plan, variance, or other type of approval, and which has been filed in the records of the local land use board in accordance with its established procedure, shall be deemed to create a conservation restriction as defined in RSA 477:45, I, which shall run with the land, and shall be enforceable by the municipality, or by the owner of any property which would be specially damaged by the violation of such restriction, regardless of whether any deed or other instrument conveying such restriction has been executed or recorded. For purposes of this section, an applicant's statement of intent to restrict development, submitted with or contained in an application which is subsequently approved, shall be deemed a condition of the approval.

Legislative History

1988, 149:3. 2002, 236:3, eff. July 16, 2002.