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Proposed
Changes:
Amend
the provisions of the Windham Zoning Ordinance by adopting a new Overlay Zoning
District (Section 619) for the reasonable and realistic opportunities for the
development of Workforce Housing, as required by State law as follows:
619.1
Purpose
In
accordance with NH State Law, RSA 674:59, the purpose of this ordinance is to
provide “reasonable and realistic opportunities for the development of
workforce housing” within the Town of Windham. The intent is to encourage
a balance of housing types for people of a wide range of incomes to help foster
community development, a self-reliant workforce, and support community
engagement.
619.2
Authority
This
Ordinance is created in accordance with the provisions of RSA 674:58-674:61 and
consistent with RSA 672:1 (III-e). In addition, this innovative land use
Ordinance is adopted under the authority of NH RSA 674:21 and is intended as an
“Inclusionary Zoning” provision, as defined in NH RSA 674:21 (I)(k)
and 674:21 (IV)(a).
619.3 Applicability
·
619.3.1
Developments under this ordinance are allowed in the Residential B District,
Residential C District, Rural District, and Village Center District.
·
619.3.2
Dwelling types allowed in the Residential B District, Residential C District,
and Village Center District are single family (attached or detached), duplex,
and multi-family units.
·
619.3.3
Dwelling types allowed in the Rural District are limited to one single family
(detached) or one duplex per lot unless otherwise permitted by Conditional Use
Permit.
619.4
Definitions
For
the purposes of this Workforce Housing Overlay Zoning Ordinance, the following
definitions apply:
Affordable: As defined in RSA 674:58, “housing with combined rental and
utility costs or combined mortgage loan debt services, property taxes, and
required insurance that do not exceed 30 percent of a household's gross annual
income.”
Collector Roads: As defined in Section 300 of the
Subdivision Control Regulations
Conditional Use Permit (CUP): a Conditional Use Permit (CUP) is
administered by the Planning Board and may authorize development which would
otherwise not be allowed on a particular site as required under the Zoning
Ordinance, Subdivision Regulations, or Site Plan Review regulations.
A
CUP may not be granted by the Planning Board to relieve the applicant from the
provisions of the Wetlands and Watershed Protection District (WWPD)(Section 601), Flood Plain District (Section 607), the
Aquifer Protection District (Section 609), Cobbett’s Pond Watershed
Protection Ordinance (Section 616), or Historic Demolition Delay Ordinance
(Section 719).
Duplex Dwelling Units: A building containing two independent
dwelling units of nearly equal size and composition.
Multi-Family Dwelling Unit: “A building or structure
containing 5 or more dwelling units, each designed for occupancy by an
individual household”, as defined in NH RSA 674:58(II).
Residential – 1 Roads: As defined in Section 300 of the
Subdivision Control Regulations
Residential – 2 Roads: As defined in Section 300 of the
Subdivision Control Regulations
Single Family (Attached) Dwelling Unit: Single-family dwelling that is
attached to at least one but no more than three other single-family dwelling.
These are typically called townhouses or row houses.
Single Family (Detached) Dwelling Unit: A free-standing residential building
for occupancy by one household.
Workforce Housing: As defined in RSA 674:58(IV),
“housing which is intended for sale and which is affordable to a
household with an income of no more than 100 percent of the median income for a
4-person household for the metropolitan area or county in which the housing is
located as published annually by the United States Department of Housing and
Urban Development. Workforce housing also means rental housing which is
affordable to a household with an income of no more than 60 percent of the
median income for a 3-person household” for the same area as defined
above. “Housing development that exclude minor children from more than
20% of the units, or in which more than 50% of the dwelling units have fewer
than 2 bedrooms, shall not constitute workforce housing” for the purposes
of NH RSA 674:58 or this Ordinance.
619.5 Procedure
·
619.5.1
Conceptual Consultation
All
Workforce Housing project applications must come before the Planning Board for a
Conceptual Consultation, as outlined in NH RSA676:4 (II) (a) & (c). An
applicant
applying for a development that is intended to qualify as Workforce
Housing under this
ordinance shall file a written statement of such intent as part of
their initial application, as
outlined in NH RSA 674:60(I).
·
619.5.2
Design Review
o
619.5.2.1
Subsequent to the Conceptual Consultation, all Workforce Housing project
applications shall include a Design Review submission and consultation with the
Planning Board, as outlined under NH RSA 676:4 (II) (b) & (c).
o
619.5.2.2
An application for a development that is intended to qualify as Workforce
Housing under this ordinance shall file a written statement of such intent as
part of their initial application per NH RSA 674:60(I).
o
619.5.2.3
Proposed preliminary architectural designs, site, and access layouts must be
submitted as part of this review.
o
619.5.2.4
The application must include the rationale and approach to meeting Workforce
Housing per NH RSA and these Ordinance requirements.
o
619.5.2.5
The application must include a list of potentially known conditional use
permits (CUP), waivers, and variances needed, including justification of their
necessity and effectiveness for the project and contributing to affordability
as it applies to the Statute and Ordinance.
·
619.5.3
Final Application
o
619.5.3.1
The application shall include the statutory intent statement filing per NH RSA
674:60(I).
o
619.5.3.2
Conditional Use Permits (CUP)
§ 619.5.3.2.1 The applicant must submit a
list of requested conditional use permits (CUP) needed, including justification
of their necessity and effectiveness in contributing to affordability.
§ 619.5.3.2.2 A CUP may not be granted by
the Planning Board to relieve the applicant from the provisions of the Wetlands
and Watershed Protection District (WWPD)(Section 601),
Flood Plain District (Section 607), the Aquifer Protection District (Section
609), the Cobbett’s Pond Watershed Protection Ordinance (Section 616), or
Historic Demolition Delay Ordinance (Section 719).
§ 619.5.3.2.3 Conditional Use Permits may
be granted by the Planning Board if all of the following criteria are met:
a)
The
Conditional Use Permit is necessary in ensuring that the Workforce Housing
proposal is affordable;
b)
The
granting of the Conditional Use Permit will not cause negative public health or
safety impacts;
c)
The
granting of the Conditional Use Permit will not harm the natural resources of
the area;
d)
Realistic
and reasonable measures to prevent the loss of those historic resources defined
in 719.2.3;
e)
The
granting of the Conditional Use Permit will not substantially limit the
reasonable use of adjacent property; or adversely affect the adjacent property
values and
f)
The
Development Standards outlined in Section 619.7 are met.
o
619.5.3.3
Any variances required must be obtained prior to final application.
o
619.5.3.4
If Variances from Section 601, 607, 609, 616, or 719 of the Zoning Ordinance
are required, the applicant can request and be granted
a joint hearing of the Planning Board and Zoning Board of Adjustment.
o
619.5.3.5
If review and approval from Section 719 of the Zoning Ordinance is required,
the applicant can request and be granted a joint hearing of the Planning Board
and the Historic District Commission, per NH RSA 676:2.
o
619.5.3.6
The application must include the rationale and approach to meeting the
definition of Workforce Housing per the State requirements and this Ordinance.
o
619.5.3.7
The Planning Board may request, at the expense of the applicant, review of
project materials by development professionals that are selected and contracted
by the Planning Board. These reviews may include (but not be limited to)
subjects of traffic, drainage, density calculations, septic and water systems,
fiscal analysis, legal, landscaping, architecture, as well as others.
o
619.5.3.8
Assurance of continued affordability shall be provided for at least 30 years
from the date of Planning Board final approval, or in accordance with State
law, whichever is more restrictive. Assurances may include but are not limited
to deed restrictions, restrictive covenants, and association documents. Drafts
of all documents will be required for review at the time of final application.
o
619.5.3.9
The responsibility for monitoring the compliance with the resale and rental
restrictions on workforce housing units shall be the responsibility of a third
party, as referenced in the NH Housing Finance Authority publication (June 2010
or as may be amended) “Meeting the Workforce Housing Challenge: A
Guidebook for NH Municipalities”.
619.6
Conditions of Approval
·
619.6.1
Deed restrictions, restrictive covenants, association documents, and other
required legal work related to dwelling units established under this ordinance
shall be reviewed by Town Counsel to ensure legal form, ownership and
enforceability.
·
619.6.2
Deed restrictions, restrictive covenants, association documents, and other
legal work related to dwelling units established under this ordinance shall be
properly referenced on all plans filed with the Windham Planning Board and the
Registry of Deeds.
·
619.6.3
Workforce Housing Units developed under this ordinance are to remain affordable
for a time period no less than 30 years from the date of final Planning Board
approval, or in accordance with State law, whichever is more restrictive.
·
619.6.4
In a Workforce Housing Development where there are both market-rate and
workforce housing units, the dwellings qualifying as Workforce Housing shall be
made available for occupancy on approximately the same schedule as a
project’s market-rate units. A schedule setting forth the phasing of the
total number of units shall be established prior to final approval by the
Planning Board. Said schedule shall be filed at the Registry of Deeds, and be
properly updated with the Town and Registry as a condition of release of
building permits.
·
619.6.5
Other reasonable conditions or restrictions may be placed on the application as
determined by the Planning Board. All conditions and restrictions of approval will
be provided in compliance with NH RSA 674:60(II).
·
619.6.6
The procedures and criteria outlined in NH RSA 674:60(III) regarding conditions
and restrictions of the approval will be followed.
619.7
Development Standards
Unless
otherwise outlined herein, developments shall meet the requirements of the Town
of Windham Subdivision and Site Plan Regulations, as applicable.
·
619.7.1
Density:
o
619.7.1.1
Density shall be determined in accordance with the requirements of Appendix A-1
of the Windham Zoning Ordinance.
·
619.7.2
Minimum Acreage and size limitations
o
619.7.2.1
A minimum of 5 acres is required for a Workforce Housing project.
o
619.7.2.2
Workforce Housing units shall contain no more than 3 bedrooms.
·
619.7.3
Dwelling units:
o
619.7.3.1
The architecture should be complimentary and harmonious with abutting
developments.
o
619.7.3.2
In a Workforce Housing Development, the dwellings qualifying as Workforce
Housing shall be compatible in architectural style and appearance with the
market rate dwellings within the proposed development.
o
619.7.3.3
In a Workforce Housing Development where there are both market-rate and
workforce housing units, a minimum of 50% of the dwellings must qualify as
workforce housing. The Workforce Housing units should be interspersed
throughout the overall development. If this percentage creates a financial
burden and makes the development not financially viable, a waiver can be sought
from the Planning Board to reduce this percentage. The request for a waiver
must be accompanied by financial documentation justifying such waiver request
·
619.7.4
Frontage, Setbacks and Yard Regulations:
o
619.7.4.1
Structures may be located in any manner on the site that meet this
Ordinance’s requirements and objectives, and provided that the following
dimensional standards are met:
§ 619.7.4.1.1 Proposed dwelling units
that have their frontage on existing public & private roads shall have
frontages and front yard setbacks as required in the underlying zoning
district.
§ 619.7.4.1.2 Proposed dwelling units
shall have the required building setbacks for the underlying zoning district
along the abutting property lines.
o
619.7.4.2
There shall be a minimal horizontal separation between all structures: single
family (detached) 20 feet, single family (attached) 35 feet, duplex 20 feet,
and multi-family 35 feet.
·
619.7.5
Layout
o
619.7.5.1
The proposed plans shall show the location of all buildings, amenities, and
common facilities on the property, as well as those other development abutting
the property.
o
619.7.5.2
Representative floor plans, elevations, driveway
locations (etc.) must be submitted for the entire project as part of the
application.
o
619.7.5.3
The plans shall indicate the natural features such as open fields, water
features, woodlands, wetlands, trails, stonewalls, and known historic features.
o
619.7.5.4
All utilities and municipal/private infrastructure (existing and proposed)
shall be shown.
·
619.7.6
Roads
o
619.7.6.1
All proposed Town roads within a Workforce Housing development shall be
constructed to Town standards. Alternatively, development accesses can be
provided by private roads and/or drives and shall meet all applicable standards
for development and be privately owned and maintained.
o
619.7.6.2
Collector roads shall have a minimum right-of-way and road width in accordance
with current subdivision regulations. However, collector road widths should not
exceed the width of the existing road if it is a continuation of that road.
o 619.7.6.3 Residential-1 and
Residential-2 roads may be ended in a turnaround or turning stub, with maximum
road length in accordance with current subdivision regulations. The minimal
geometry allowed for the end configuration shall meet minimum emergency access
vehicle criteria. The minimum paved width for a secondary road shall be
twenty-two feet (22 ft).
o 619.7.6.4 All Roads and
access ways shall be designed to meet current AASHTO (American Association of
State Highway and Transportation Officials) standards.
·
619.7.7 Water and Waste Treatment Systems
o 619.7.7.1 The development
may be served by common water and waste water systems and/or individual
systems, either off site or onsite, and include applicable easements and
service intents as required by State Permitting.
o 619.7.7.2 Wells and waste
water systems shall have a protective radii and nitrate setbacks as required by
the State of New Hampshire and the Town of Windham NH and/or evidence of
approvable waivers as may be required by jurisdictional authorities.
o 619.7.7.3 Any wastewater treatment
system or backup system shall have appropriate state approval.
619.8 Appeals
An applicant who has filed a Workforce Housing proposal that is
denied or is approved with conditions or restrictions which have a substantial
adverse effect on the viability of the proposed development may appeal the
action to the Superior Court as outlined in NH RSA 674:61
Recommended by the Planning Board 7-0
From the
Planning Board and the Community Development Department:
·
What Workforce Housing IS
(and ISN’T) (Jonathan Sycamore)
·
Explanation of Proposed
WFH Ordinance (Jonathan Sycamore and Margaret Crisler)
·
Risks to Windham if it has no WFH Ordinance
(Margaret Crisler and Jonathan Sycamore)
Meeting video clips shown have been shortened for
content. The full meeting video may
be obtained at wctv.pegcentral.com.
·
12/28/11 Planning Board Public Hearing (Entire meeting video
can be found here)
o Minutes
o WCTV Video Clip (00:34:37)