N.H. Admin. Code § Jus 1304.03

Current through Register No. 50, December 12, 2024

Section Jus 1304.03 - Urban Single Family Residence and Duplex Exemption

(a) The bureau shall exempt a subdivision from registration and annual reporting requirements of RSA 356-A:4, I and RSA 356-A:5 through RSA 356-A:9 if the conditions below are met:

(1) The subdivision shall have no more than 50 lots, parcels, units, or interests, including any that might be added at any future time, and the total number of lots offered pursuant to each exemption application shall not exceed 35;

(2) Each lot offered or disposed of under the exemption shall be limited exclusively by:

a. Enforceable covenants or restrictions; or

b. Enforceable zoning ordinances to single-family residences or duplexes;

(3) The town or city in which the lots for which an exemption is applied shall have a population of at least 15,000 at the time the application is filed;

(4) Each of the towns or cities in which lots for which exemption is applied shall have, prior to the time the application is filed:

a. Established a planning board pursuant to RSA 673:1, I;

b. Adopted a building code pursuant to RSA 673:1, V;

c. Appointed a building inspector pursuant to RSA 673:1, III;

d. Adopted a master plan or sections or parts of a master plan pursuant to RSA 674:1 and RSA 675:6; and

e. Adopted a zoning ordinance pursuant to RSA 674:16;

(5) If the streets or roads providing access to the subdivision and to the lots for which exemption is applied are not complete at the time the application is filed, the subdivider shall post surety acceptable to the town or city in the full amount of the cost of completing the streets or roads to assure completion to local standards;

(6) Surety required by (a)(5) above shall:

a. Be in the form prescribed by Jus 1304.14; and

b. Be posted as required by (a)(5) prior to an application for exemption, under Jus 1304.03, being filed;

(7) The town or city, or a homeowners' association, shall have accepted or be obligated to accept the responsibility for maintaining the street or road upon which the lot is situated;

(8) In any case in which a homeowners' association has accepted or is obligated to accept maintenance responsibility, the subdivider shall, prior to the signing of a contract or agreement to purchase, provide the purchaser with a good faith written estimate of the cost of carrying out the responsibility over the first 10 years of ownership;

(9) At the time of closing, potable water, sanitary sewage disposal, and electricity shall be extended to the lot, or the town or city shall be obligated to install the facilities within 180 days following closing;

(10) For subdivisions which will not have central water or sewage disposal systems, there shall be assurances that an adequate potable water supply is available year-round and that the lot is approved for the installation of a septic tank;

(11) The contract of sale shall require delivery of a warranty deed, free from monetary liens and encumbrances, to the purchaser within 360 days after the signing of the sales contract;

(12) The contract of sale shall be voidable at the election of the purchaser, in the event the warranty deed has not been delivered within the required time period, and the contract shall state that it is so voidable;

(13) The purchaser or purchaser's spouse shall make a personal, on-site inspection of the lot purchased prior to signing a contact or agreement to purchase;

(14) If the subdivider or agent represents in any manner that improvements, roads, sewers, water, gas or electric service, or recreational amenities will be provided or completed by the subdivider, the purchase and sale agreement shall contain provisions so obligating the subdivider;

(15) The purchase and sale agreement shall contain a notice specifying the cancellation rights provided by RSA 356-A:4, II and shall identify the person or institution holding deposits in escrow by name and address; and

(16) The subdivider shall not:

a. Have been convicted of any crime within the past 10 years which, if committed in this state would constitute a felony;

b. Have been the subject of a cease and desist order, revocation, injunction, or similar enforcement order relating to illegal condominium or land sales activity in this state or elsewhere; and

c. Have as a principal, any person or entity who has been subject to such enforcement order or criminal conviction, or who has been a principal in an entity that has been subject to such enforcement order or criminal conviction.

(b) For purposes of (a)(2)b., above, mobile homes, townhouses, and residences for one family use shall be considered single-family residences for purposes of this exemption provision.

(c) In the case of a subdivision located in more than one town or city, only those lots located in a town or city meeting the population requirement of (a)(3) shall be exempted.

(d) For purposes of determining the population of towns and cities under (a)(3), the bureau shall rely on the most recent population statistics available from the office of state planning.

(e) Notwithstanding (a), above, an exemption shall not be granted if it does not protect purchasers consistent with RSA 356-A.

N.H. Admin. Code § Jus 1304.03

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10

Amended by Volume XXXIX Number 46, Filed November 14, 2019, Proposed by # 12656, Effective 10/24/2019, Expires 10/24/2029.