New Hampshire Revised Statutes 162-K:2 – Definitions
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In this chapter:
I. “Budget submission date” has the meaning set forth under N.H. Rev. Stat. § 273-A:1, III.
II. “Development district” means a specific area within the corporate limits of any municipality which has been so designated and separately numbered by the legislative body of said municipality acting under this chapter.
III. “Development program” means a statement of objectives of the municipality for improvement of a development district established under N.H. Rev. Stat. § 162-K:6.
IV. “District administrator” means the head of the department, office agency, municipal housing and redevelopment authority or corporation designated under N.H. Rev. Stat. § 162-K:13.
V. “Governing body” means the board of aldermen or city council in the case of a city and the board of selectmen in the case of a town.
VI. “Legislative body” means the board of aldermen or city council in the case of a city and the town meeting in the case of a town.
VII. “Maintenance and operation” means all activities necessary to maintain facilities after they have been developed and all activities necessary to operate the facilities including but not limited to informational and educational programs, and safety and surveillance activities.
VIII. “Municipality” means a city or town.
IX. “Parking structure” means any building the principal use of which is designed for and intended for parking of motor vehicles, and includes open air parking on parking lots.
IX-a. “Public use” means:
(a)(1) The possession, occupation, and enjoyment of real property by the general public or governmental entities.
(2) The acquisition of any interest in real property necessary to the function of a public or private utility or common carrier either through deed of sale or lease.
(3) The acquisition of real property to remove structures beyond repair, public nuisances, structures unfit for human habitation or use, and abandoned property when such structures or property constitute a menace to health and safety.
(4) Private use that occupies an incidental area within a public use; provided, that no real property shall be condemned solely for the purpose of facilitating such incidental private use.
(5) If separately adopted by the city or town by the procedure described in N.H. Rev. Stat. § 162-K:1, the acquisition of real property to construct housing units which meet the definition of workforce housing contained in N.H. Rev. Stat. § 674:58, IV, whether or not such construction results from private development or private commercial enterprise. The municipality shall not acquire property for this purpose through the powers of eminent domain.
(b) Except as provided in subparagraphs (a)(2), (4), and (5) of this paragraph, public use shall not include the public benefits resulting from private economic development and private commercial enterprise, including increased tax revenues and increased employment opportunities.
X. “Substantially residential development district” means any development district in which 40 percent or more of the land area, exclusive of streets and open space, is used for residential purposes at the time the district is designated.
XI. “Tax increment” means the amount of taxes raised in a development district due to increases in assessed value over the assessed value of the district at the time of its establishment.
I. “Budget submission date” has the meaning set forth under N.H. Rev. Stat. § 273-A:1, III.
Terms Used In New Hampshire Revised Statutes 162-K:2
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- legislative body: shall mean a town meeting, school district meeting, village district meeting, city or town council, mayor and council, mayor and board of aldermen, or, when used to refer to unincorporated towns or unorganized places, or both, the county convention. See New Hampshire Revised Statutes 21:47
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
II. “Development district” means a specific area within the corporate limits of any municipality which has been so designated and separately numbered by the legislative body of said municipality acting under this chapter.
III. “Development program” means a statement of objectives of the municipality for improvement of a development district established under N.H. Rev. Stat. § 162-K:6.
IV. “District administrator” means the head of the department, office agency, municipal housing and redevelopment authority or corporation designated under N.H. Rev. Stat. § 162-K:13.
V. “Governing body” means the board of aldermen or city council in the case of a city and the board of selectmen in the case of a town.
VI. “Legislative body” means the board of aldermen or city council in the case of a city and the town meeting in the case of a town.
VII. “Maintenance and operation” means all activities necessary to maintain facilities after they have been developed and all activities necessary to operate the facilities including but not limited to informational and educational programs, and safety and surveillance activities.
VIII. “Municipality” means a city or town.
IX. “Parking structure” means any building the principal use of which is designed for and intended for parking of motor vehicles, and includes open air parking on parking lots.
IX-a. “Public use” means:
(a)(1) The possession, occupation, and enjoyment of real property by the general public or governmental entities.
(2) The acquisition of any interest in real property necessary to the function of a public or private utility or common carrier either through deed of sale or lease.
(3) The acquisition of real property to remove structures beyond repair, public nuisances, structures unfit for human habitation or use, and abandoned property when such structures or property constitute a menace to health and safety.
(4) Private use that occupies an incidental area within a public use; provided, that no real property shall be condemned solely for the purpose of facilitating such incidental private use.
(5) If separately adopted by the city or town by the procedure described in N.H. Rev. Stat. § 162-K:1, the acquisition of real property to construct housing units which meet the definition of workforce housing contained in N.H. Rev. Stat. § 674:58, IV, whether or not such construction results from private development or private commercial enterprise. The municipality shall not acquire property for this purpose through the powers of eminent domain.
(b) Except as provided in subparagraphs (a)(2), (4), and (5) of this paragraph, public use shall not include the public benefits resulting from private economic development and private commercial enterprise, including increased tax revenues and increased employment opportunities.
X. “Substantially residential development district” means any development district in which 40 percent or more of the land area, exclusive of streets and open space, is used for residential purposes at the time the district is designated.
XI. “Tax increment” means the amount of taxes raised in a development district due to increases in assessed value over the assessed value of the district at the time of its establishment.