[HISTORY: Adopted by the Town of Merrimack as indicated in
article histories. Amendments noted where applicable.]
[Adopted 9-13-1966 STM
by Art. 2; amended 4-1-1977 ATM
by Art. 37]
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[Article 2, voted in the affirmative 9-13-1966 by a Special
Town Meeting, read in the warrant as follows: "To see if the Town
will vote to place the authority for approval of subdivision developments
under the jurisdiction of the Planning Board." Article 2 was moved
as follows: "that the Planning Board is hereby authorized and empowered
pursuant to Section 19 of Chapter 36 of the New Hampshire Revised
Statutes Annotated[1] to regulate the subdivision of land as provided in said
Chapter 36, that it shall be the duty of the Town Clerk to file with
the Register of Deeds of Hillsborough County a certificate or notice
that the Planning Board has been so authorized on the date of this
Resolution and that it shall further be the duty of the Town Clerk
to issue on behalf of the Town the certificate of the municipality
described in Section 23 of said Chapter 36."[2]
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This motion was amended during the voting as follows:
"that before exercising the powers referred to in Section 19, RSA
36:21,[3] the Planning Board shall adopt proposed regulations governing
the subdivision of land within its Jurisdiction after it has held
a public hearing on the proposed regulations which will become local
law after approval by the Selectmen. Any regulation may be amended
by using the same process as used by their original adoption."
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Article 2 was amended by Article 37, voted in the affirmative
4-1-1977 by the Annual Town Meeting, which reads as follows: "To see
if the Town will vote to rescind that portion of Article 3[4] of the September 13, 1966 Special Town Meeting which designated
that the Board of Selectmen must approve any changes in the subdivision
regulations, as said designation of the Board of Selectmen as an approval
body is contrary to state law; but otherwise to preserve the action
of the 1966 Special Town Meeting in its granting of authority to the
Planning Board to establish subdivision regulations."]
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[1]
Editor's Note: See now RSA 674:35.
[2]
Editor's Note: See now RSA 676:4.
[3]
Editor's Note: See now RSA 674:36.
[4]
Editor's Note: Reads so in voting record. Article 3 of
9-13-1966 restricted dogs. Reference appears to be to Article 2 of
9-13-1966, which assigned powers relating to subdivisions.
