Section 47:27 Local Option for Oil Refinery Siting in Cities.
Notwithstanding the provisions of any other law, an oil refinery shall not be located in any city without a vote of approval by one of the procedures specified in paragraphs I, II or III.
I. A site plan for an oil refinery may be approved by a 2/3 vote of the entire governing body of any city.
II. If the governing body of a city should vote to place the question of whether or not to approve the location of an oil refinery in said city on the ballot for referendum, it may place said question on the ballot to be voted upon at any regular municipal or biennial election, or at a special election called for the purpose of voting on said question. Such special election shall be held at the usual ward polling places by the regular city election officers. Should a referendum be held, the following question shall be placed on the ballot: ""Shall an oil refinery be permitted within the city of ( ?)'' Said question shall be printed in the form prescribed by RSA 59:12-a. If a majority of those voting on the question shall vote in the affirmative, then such approval shall be deemed granted and the governing body of the city shall be bound by the outcome. If a majority of those voting on the question shall vote in the negative, such approval shall be deemed not granted and no oil refinery may be located in such city unless approval is subsequently granted in accordance with this paragraph or paragraph III.
III. Upon submission to the governing body of a city of a petition signed by at least 10 percent of the registered voters of said city requesting a referendum on the question of whether or not an oil refinery should be located in said city, the governing body shall direct that such question appear on the ballot at the next regular municipal or biennial election. If said petition is submitted at any time prior to 2 months before the next regular municipal or biennial election, the governing body shall direct that a special election be called. The election procedure and the form of the question shall be as provided in paragraph II. If a majority of those voting on the question shall vote in the affirmative, then such approval shall be deemed granted and the governing body of the city shall be bound by the outcome. If a majority of those voting on the question shall vote in the negative, such approval shall be deemed not granted and no oil refinery may be located in such city unless approval is subsequently granted in accordance with this paragraph or paragraph II.
IV. Nothing in this section shall be construed as changing, modifying or affecting in any way the provisions of RSA 31 and RSA 36 relating to zoning regulations.
Source. 1974, 36:2, eff. April 5, 1974.