Official NHgov website
nh New Hampshire
home about oep programs news and events funding and job opportunities resource library contact OEP search


OEP Homepage
About OEP
OEP Programs
News & Events
Funding/Job Opportunities
Resource Library
Contact OEP
Search OEP

 
  OEP
Resource Library

Reference Library

DANBURY PLANNING BOARD
Danbury, New Hampshire
BY-LAWS and RULES of PROCEDURE
Adopted November 20, 2001

  • AUTHORITY
    • These by-laws and rules of procedure are adopted under the authority of New Hampshire Revised Statutes Annotated (RSA) 676:1.
    • The purposes, objectives and responsibilities of the Planning Board of the Town of Danbury, in Merrimack County, New Hampshire, are those set forth in New Hampshire Revised Statutes Annotated, Title 64, “Planning and Zoning,” and amendments and supplements thereto, and those powers and duties delegated to the Planning Board by the Town Meeting of March 14, 1967 (Article 21), by the Special Town Meeting of September 26, 2000, and subsequent town meetings, in accordance with the state enabling statutes.
    • The responsibilities of the Planning Board shall be as enumerated in RSA 674:1.
    • Unless otherwise stated, or unless otherwise required by the context, any reference to a statute, law, regulation or code in this ordinance shall be deemed to include any future amendments made to such statute, law, regulation or code.
  • MEMBERS
    • The Danbury Planning Board shall consist of seven members. Six members shall be elected by the Town Meeting for three-year terms, with two members’ terms expiring each year.
    • One member shall be a Selectman, designated by the Board of Selectmen as an ex-officio member with the power to vote, who shall serve for her/his tenure as a Selectman.
    • Selection, qualification, term, and removal of members shall conform to RSA 673.
    • The vacancy of an elected member shall be filled by appointment of the Planning Board until the next election, as provided by RSA 673:12.
    • After an elected member has had three unexcused absences in one year, the Secretary shall send a notice to the member stating s/he may be removed from the Planning Board by the Board of Selectmen after a public hearing.
    • There shall be a minimum of three and a maximum of five alternate members of the Planning Board as authorized by RSA 673:6.
    • Alternate members shall be appointed by the regular members of the Planning Board for staggered terms of three years each, as provided by RSA 673:5, II. Such terms shall expire in the same manner as those of elected members.
    • A vacancy in the position of alternate shall be filled by the Planning Board for the unexpired term.
  • OFFICERS AND THEIR DUTIES
    • The officers of the Planning Board shall be a Chair, a Vice Chair, and a Secretary.
    • The Chair shall preside at all meetings and hearings of the Planning Board and shall have the duties normally conferred by parliamentary usage on such officers. The Chair shall, among other duties, see that all proceedings are in accordance with the by-laws and rules of procedure of the Planning Board, the ordinances of the Town of Danbury, and the laws of the State of New Hampshire. The Chair shall prepare an annual report, appoint committees, and select alternates to serve in the absence or inability to serve of board members.
    • The Chair shall be one of the elected citizen members of the Planning Board. S/he shall have the privilege of participating in and discussing all matters before the Planning Board and of voting thereon.
    • The Vice Chair shall act for the Chair in her/his absence. S/he shall be an elected citizen member of the Planning Board.
    • The Secretary shall oversee the keeping of the minutes and records of the Planning Board. S/he shall provide notice of all meetings to Planning Board members and the public, arrange proper and legal notice of hearings, attend to correspondence of the Planning Board, record the names of members present at meetings and hearings, and do such other duties as are normally carried out by a Secretary. In the absence of the Secretary, the Chair shall appoint a secretary pro tem to keep records of the meeting.
    • The Chair and/or the Secretary shall prepare the agenda for regular and special meetings of the Planning Board.
  • ELECTION OF OFFICERS
    • The officers of the Planning Board shall be elected annually by a majority vote of the Planning Board. Written ballots shall be used at the request of a voting member of the board.
    • The officers of the Planning Board shall be elected at the annual organizational meeting which shall be held after town elections in March and no later than three weeks following such elections. The Planning Board member with the greatest seniority shall call this meeting to order and conduct the election of officers.
    • A candidate receiving a majority vote of the entire regular membership of the Planning Board shall be declared elected and shall serve for one year or until her/his successor shall take office.
    • A vacancy in the position of an officer shall be filled immediately by a majority vote of the Planning Board.
  • STAFF AND FINANCES
    • The Planning Board may hire employees and consultants and manage its finances as provided by RSA 673:16.
  • CODE OF CONDUCT
    • Danbury Planning Board members (and staff, if any) shall not use their position for a purpose that is, or gives the appearance of being, motivated by a desire for personal benefit or private gain for themselves or others, particularly those with whom they have family, business, organizational, or other ties.
    • Danbury Planning Board members (and staff, if any), who are abutters to a property (as defined by RSA 672:3), or who have a financial interest in a property, shall not participate in any discussion, hearing, or other consideration by the Planning Board which involves that property.
    • Danbury Planning Board members (and staff, if any) shall not participate in the preparation or administration, monitoring, approval, or payment of any grants or contracts made to, or by, the Planning Board, if a real or apparent conflict of interest would be involved.
    • In conformance with New Hampshire RSA 673:14, no member of the Danbury Planning Board shall sit upon the hearing of any question which the Planning Board is to decide, if that member has a direct personal or pecuniary interest in the outcome which differs form the interest of other citizens, or would be disqualified for any cause to act as a juror upon the trial of the same matter in any action at law.
    • When uncertainty arises as to the application of these provisions to a Planning Board member in particular circumstances, the Planning Board shall, upon the request of that member or another member of the board, vote on the question of whether that member should be disqualified. Any such request and vote shall be made prior to or at the commencement of any required public hearing. Such a vote shall be advisory and non-binding, and may not be requested by persons other than board members, except as provided by local ordinance or by procedural rule adopted under RSA 676:1.
    • If a member of the Danbury Planning Board is disqualified or unable to act, or recuses herself or himself in any particular case before the Planning Board, the chair shall designate an alternate to act in place of the disqualified, inactive, or recused member, as specified by New Hampshire RSA 673:11.
    • Any member of the Danbury Planning Board who may have an apparent, potential, or actual conflict of interest with respect to any deliberations or matters before the Planning Board, shall recuse himself or herself from the board while such matters are being considered or acted upon.
    • Danbury Planning Board members (and staff, if any) who are in office (or employed) at the time these code of conduct provisions are adopted shall be exempted for a period not to exceed one year from the date of adoption, pursuant to RSA 31:39-a.
  • MEETINGS
    • Regular meetings of the Planning Board shall be held at least once each month, at the Danbury Town Hall, and more often as the Planning Board may decide. The Chair, or the Vice Chair in her/his absence, may call for an additional regular meeting or meetings. A regular meeting may be postponed by the Chair, or by a request of three members of the Planning Board, if all members are notified. Regular meetings shall be held on the same day and week from month to month, to be determined by vote of the board members.
    • Regular and special meetings of the Planning Board may take place in other public locations if the meeting date, time, and place are posted in accordance with RSA 91-A.
    • Special meetings may be called by the Chair. It shall be the duty of the Chair to call such meeting when requested to do so in writing by a majority of the members of the Planning Board. The notice of the meeting shall specify the purposes of such a meeting and no other business may be considered except by unanimous consent of the Planning Board. The Secretary shall notify all members of the Planning Board in writing not less than 48 hours in advance of such a special meeting. The Secretary or Chair may distribute notices by telephone, mail, or e-mail.
    • As required by RSA 91-A, all meetings shall be open to the public. Notice of meetings shall be posted in at least two appropriate public places at least 24 hours, excluding Sundays and legal holidays, prior to such meetings.
    • If public notice of a Planning Board meeting or public hearing has been properly posted, additional notice shall not be required for an adjourned session of the hearing or meeting if the date, time, and place of the adjourned session were made known at the prior hearing or meeting, as provided by RSA 676:4, I.(d).
  • QUORUM AND VOTING
    • A majority of the membership of the Planning Board -- four members -- shall constitute a quorum. The number of votes necessary to transact business shall be a majority of the entire membership of the board, namely four votes. The quorum may consist of regular members and/or of alternates participating in the place of regular members.
    • A motion, duly seconded, shall be carried by an affirmative vote of a majority of the members present. Voting shall be by roll call, and shall be recorded in the minutes.
    • A majority of the members present and voting is necessary to adopt a motion. A roll call vote shall be required when the Planning Board is voting on any motion to take any action on a proposed subdivision request or other action within the scope of its statutory authority. All other voting may be by voice vote, unless two or more members present and voting request a roll call. A record of the roll call shall be kept as a part of the minutes of the meeting.
    • A member may choose to abstain from a vote by notifying the Chair before the vote is called. The Chair may appoint an alternate to take the place of the abstaining member.
    • If any regular Planning Board member is absent from a meeting or hearing, or is disqualified from participating with respect to a particular application, the Chair shall designate one of the alternate members to participate in place of the absent or disqualified member. Such alternate shall have all of the powers and duties of a regular member in regard to any matter under consideration on which the regular member is unable to act. The alternate shall continue to participate until the matter is completed, and the regular member shall not vote on that matter.
    • If any member is disqualified from participating on a particular case, as provided by RSA 673:14, s/he shall notify the Chair as soon as possible so that an alternate may be appointed to fill the regular member’s place. The disqualification shall be announced by the Chair or by the member before the discussion or the public hearing on the application begins. The disqualified member shall leave the board table during the public hearing and during all discussions and deliberations on the matter, but may speak from the audience as a member of the public, or as an abutter.
    • As specified by RSA 673:14, if uncertainty arises as to whether a Planning Board member should disqualify her/himself, on the request of that member or of another member of the Planning Board, the board shall vote on the question of whether that member should be disqualified. Such request and vote shall be made prior to or at the commencement of any required public hearing. A vote on a question of disqualification shall be advisory and non-binding, and may not be requested by persons other than board members.
  • ORDER OF BUSINESS
    • The business of regular meetings shall include, but not be limited to:
      A. Roll call
      B. Identification and resolution of any conflicts of interest (RSA 673:14)
      C. Public hearings
      D. Reading and action on minutes of previous meetings
      E. Communications
      F. Finances
      G. Reports of officers and committees
      H. Old business
      I. New business
      J. Preliminary conceptual consultations
      K. Public comments.
      L. Adjournment.
    • The order of business for a particular meeting may be adjusted to accommodate the needs of those attending or planning to attend.
    • Non-public sessions shall be held only in accordance with RSA 91-A:3.
  • APPLICATIONS TO THE PLANNING BOARD
    • Applications for hearing before the Planning Board shall be made on forms provided by the board and shall be presented to the Secretary of the Planning Board, or the board’s agent, who shall sign and record the date of receipt.
    • Applications shall be filed with the Secretary or the Planning Board’s agent at least fifteen (15) days prior to the meeting at which the application will be considered for acceptance.
    • Notice shall be given and published as required by RSA 676:4, I(d), ten days exclusive of the day of posting and the day of the meeting, before a complete application is submitted to the Planning Board for consideration.
    • The Planning Board shall determine by a majority vote whether to accept an application as complete. Applications determined to be complete shall be scheduled for public hearing within thirty (30) days of acceptance or at the next regular meeting. If an application is complete and accepted by the Planning Board, and all notices have been published, all abutters notified, and all fees paid, the board may hold the public hearing at that same meeting at which it is accepted as complete. The application shall remain under active consideration on the Planning Board’s agenda until final action is taken.
    • The Planning Board shall reject all applications that are not properly completed.
    • Complete applications may be approved, conditionally approved, or disapproved.
    • As provided by RSA 676:4, I.(f), the Planning Board may apply to the Board of Selectmen for an extension before acting to approve or disapprove an application; or the applicant may waive the requirement for Planning Board action within the time period specified bylaw.
  • FORMS
    • All forms prescribed herein and revisions thereof shall be adopted by resolution of the Planning Board and shall become part of these rules of procedure.
  • PUBLIC NOTICE
    • Public notice of the date upon which the application will be formally submitted to the Planning Board, and of public hearings on the application, shall be given by posting in two or more public places, including the Danbury Town Hall and the Danbury Post Office, not less than ten days (exclusive of the day of posting and the day of the meeting) prior to the date fixed for submission and consideration of the application. Public notices shall conform to the requirements of RSA 676:4, I.(d).
    • Personal notice of the date upon which the application will be formally submitted to the Planning Board, and of public hearings on the application, shall be made by the applicant, using certified mail, return receipt requested, not less than ten days prior to the date fixed for submission of the application to the Planning Board (exclusive of the day of posting and the day of the meeting). The notice shall be sent to all abutters, to holders of conservation, preservation, or agricultural preservation restrictions, and to any professional, including every engineer, architect, land surveyor, or soil scientist whose seal appears on any plat.
    • The notices of submission of the application and the public hearing/s on it may be combined if the date of the public hearing is stated in the notice, and if the notice also states that if the application is accepted as complete, it will be on the agenda of each Planing Board meeting until a final decision is made.
  • PUBLIC HEARINGS
    • The Chair shall call the hearing into session, identify the application or applicant’s agent, and ask for a report on the proposal.
    • The Secretary shall submit the application to the Planning Board and report on the manner in which public and personal notice was given.
    • Members of the Planning Board may ask questions at any point during the presentation.
    • Any party to the matter who desires to ask a question of any other party must go through the Chairman; parties should not address each other directly.
    • Any applicant, any abutter, or any person with a direct interest in the matter may testify in person or in writing. Other persons may testify as permitted by the Planning Board at each hearing.
    • Each person who speaks shall be required to state her/his name and address and indicate whether s/he is a party to the matter or an agent or counsel to a party to the matter.
    • The applicant or agent shall be called to present the proposal and those appearing in favor of the proposal shall be allowed to speak.
    • Those in opposition to the proposal shall be allowed to speak.
    • Those neither in favor nor in opposition may speak.
    • Other parties such as representatives of town departments and other town boards and commissions who have an interest in the proposal shall be allowed to present their comments in person or in writing.
    • The Chair shall indicate whether the hearing is closed or adjourned pending the submission of additional material or information or the correction of noted deficiencies. In the case of an adjournment, additional public notice is not required if the date, time and place of the continuation is made known prior to adjournment.
  • DECISIONS
    • The Planning Board shall render a written decision as provided by RSA 676:4.
    • The Planning Board shall act to approve, conditionally approve, or disapprove the application.
    • The notice of decision shall be made available for public inspection at the Danbury Town Hall in the manner required by RSA 676:3.
    • Ifthe application is disapproved, the Planning Board shall provide the applicant with written reasons for the disapproval.
  • RECORDS
    • The records of the Board shall be kept by the Secretary and shall be made available for public inspection at the Danbury Town Hall as required by RSA 676:3, II.
    • Minutes of the Planning Board meetings, including the names of the board members attending, the names of personals appearing before the Planning Board, and a brief description of the subject matter shall be open to public inspection in the manner as required by RSA 91-A:2,II.
  • JOINT MEETINGS AND HEARINGS
    • The Planning Board may hold joint meetings and hearings with other land use boards and officials of the Town of Danbury. Each board shall have discretion whether or not to hold such joint meeting or hearing, as provided by RSA 676:2.
    • Joint business meetings with another local land use board may be held at any time when called jointly by the chairs of the two boards.
    • A joint public hearing must be a formal public hearing when the subject matter of the hearing is within the responsibilities of the boards convened.
    • The Planning Board chair shall chair all joint meetings and public hearings when the subject matter involves the Planning Board.
    • The rules of procedure for joint meetings and hearings which involve the Planning Board shall be the same as these rules of procedures except that the order of business shall be as follows:
      • Call to order by the Chair
      • Introduction of members of both boards by the respective Chairs
      • Explanation of the reason for the joint meeting/hearing by the Chairs
      • In the case of a public hearing relative to a requested permit or an application for a plat approval, or both, the applicant shall be called to present her/his proposal.
      • Adjournment.
    • Each board involved in a joint public hearing shall make its own decision, based on relevant statutes and its own criteria and guidelines for the particular matter.
  • PREAPPLICATION REVIEW OF APPLICATIONS AND PLATS
    • “Preliminary Conceptual Consultation” shall be directed at review of the basic concept of a proposal and suggestions which might be of assistance in resolving problems or meeting requirements during final consideration.

      (a) Such consultation shall not bind either the applicant or the Planning Board, and statements made by planning board members shall not be the basis for disqualifying said members or invalidating any action taken.
      (b) The Planning Board and the applicant may discuss proposals in conceptual form only and in general terms such as desirability of types of development and proposals under the master plan.
      (c) Such discussion may occur without the necessity of giving formal public notice as required under Section 10,above, and RSA 676:4(d), but such discussions may occur only at formal meetings of the board.

    • In a “Design Review Consultation” the Planning Board or its designee may engage in non-binding discussions with the applicant, beyond conceptual and general discussions, which involve more specific design and engineering details; provided, however, that the design review phase may proceed only after identification of and notice to abutters, holders of conservation, preservation, or agricultural preservation restrictions, and the general public as required by Section 10, above, and RSA 676:4(d).
    • Statements made by Planning Board members shall not be the basis for disqualifying said members or invalidating any action taken.
    • The applicant may elect to forego or engage in preapplication review or either phase thereof as provided above.
    • Preapplication review shall be separate and apart from formal consideration under Section 8., above, and the time limits for acting under Section 12, above, shall not apply until a formal application is submitted under Section 8.
  • DEVELOPMENTS OF REGIONAL IMPACT
    • “Development of Regional Impact.” as defined in RSA 36:55, means any proposal before a local land use board which in the determination of such local land use board could reasonably be expected to impact on a neighboring municipality, because of factors such as, but not limited to, the following:
      • Relative size or number of dwelling units as compared with existing stock.
      • Proximity to the borders of a neighboring community.
      • Transportation networks.
      • Anticipated emissions such as light, noise, smoke, odors, or particles.
      • Proximity to aquifers or surface waters which transcend municipal boundaries.
      • Shared facilities such as schools and solid waste disposal facilities.
    • Upon receipt of an application for development, the Planning Board shall review it promptly and determine whether or not the development, if approved, reasonably could be construed as having the potential for regional impact. Doubt concerning regional impact shall be resolved in a determination that the development has a potential regional impact.
    • Upon determination that a proposed development has a potential regional impact, the Planning Board shall afford the affected municipalities and their respective regional planning commissions the status of abutters as defined in RSA 672:3 for the limited purpose of providing notice and giving testimony.
    • Within seventy two (72) hours of reaching a decision regarding a development of regional impact, the Planning Board shall, by certified mail, furnish the affected municipalities and their respective regional planning commissions with copies of the minutes of the meeting at which the decision was made.
    • At least fourteen (14) days prior to the public hearing on a development of regional impact, the Planning Board shall notify, by certified mail, all affected municipalities and their respective regional planning commissions of the date, time, and place of the hearing and their right to testify concerning the development.
    • Upon receipt of written or verbal testimony from affected municipalities or regional planning commissions, the Planning Board shall respond in writing to acknowledge that their testimony has been received and will be considered.
  • ADOPTION AND AMENDMENTS
    • These rules of procedure may be adopted or amended at a regular meeting of the Planning Board by a majority vote of the members of the board, provided that such amendment is read at a regular meeting of the board immediately preceding the meeting at which the vote is to be taken.
    • The adopted or amended procedures shall be filed with the Town Clerk for public inspection, and shall be recorded at the Merrimack County Registry of Deeds.

FINAL READING: Tuesday, November 13, 2001
ADOPTED: Tuesday, November 20, 2001
CERTIFIED:
Reference Library Subject List
 
state seal NH.gov | Privacy Statement | Accessibility Policy | Site Map