New Hampshire § 52-A-5 - Section 52-A:5 Establishment of District.

§ 52-A-5. Section 52-A:5 Establishment of District.

I. Within 15 days after receipt of a petition that satisfies the requirements of RSA 52-A:4, the governing body shall notify the petitioners' representative that it has determined the petition to be sufficient and shall request payment of the cost of mailing notice under paragraph II. II. Within 60 days after receipt of payment under paragraph I, the governing body shall hold a hearing on the establishment of the special assessment district. Written notice of the date, time, and location of the hearing, together with a copy of the proposed improvement plan, or a summary of the plan, and a description of the proposed boundaries of the district, shall be posted in 2 public places in the municipality, one of which may be on the municipality's Internet website. Written notice shall also be sent by first-class mail at least 30 days before the hearing to the owner of each property within the boundary of the proposed district. For each property, notice shall be sent to the person and address listed in the municipality's property tax records. In the case of property under a condominium or similar form of collective ownership, notice shall be sent to the officers of the collective or association, as defined in RSA 356-B:3, XXIII. In the case of property under a manufactured housing park form of ownership as defined in RSA 205-A:1, II, notice shall be sent to the manufactured housing park owner. In the case of 2 or more properties owned by the same person or persons, a single notice shall be sufficient. III. At the public hearing, the proposed improvement plan shall be presented in writing. The governing body shall obtain public comment regarding the plan and the effect that creation of the proposed special assessment will have on the property owners, tenants, and others within the district. Any proposed changes to the improvement plan shall be submitted in writing at the hearing. The hearing may be continued one or more times, and additional notice shall not be required if the date, time, and location of the continued hearing are announced at the hearing and are included in the minutes of the hearing. IV. Within 45 days after the conclusion of the public hearing, the governing body, in its sole discretion, shall either approve or disapprove establishment of the special assessment district. Approval shall be based upon the improvement plan presented at the hearing, subject only to changes that were presented in writing at the hearing and other minor technical changes. If the governing body approves establishment of the district, it shall declare the district organized and describe the boundaries and service area of the district. Upon such declaration, the district may commence operations and the municipality may impose and collect special assessments as provided in the improvement plan and in this chapter. V. In establishing the boundaries of a special assessment district, the governing body may alter the exterior boundaries of a special assessment district to include less territory than that described in the notice of the public hearing, but it may not include any territory not described in the notice of the public hearing. VI. In designating the types of public facilities and services to be provided in a special assessment district, the governing body may eliminate one or more of the types of public facilities or services specified in the improvement plan, but it may not include any types of public facilities or services not specified in the improvement plan.