February 20, 2012

Explanation of Proposed WFH Ordinance

by Jonathan Sycamore & Margaret Crisler, Planning Board Members

This article has been submitted at the Request of the Windham Planning Board in an effort to educate the public on the zoning ordinance amendments that are being recommended by the for 2012 Town Meeting. A series of articles will be published each week leading up to Town Meeting on March 13^th. Each article will provide a summary of one or more zoning amendments being proposed.

In an effort to be in compliance with NH RSA requirements, the Windham Planning Board has proposed the adoption of the town’s first ever Workforce Housing Ordinance for Town Meeting. This will be Amendment #10 on the Town Warrant and is recommended by the Planning Board 7- 0.

The Workforce Housing (WFH) Ordinance was in response to RSA:674:59 to preserve town control of how WFH developments are designed and built with a focus on traffic, design, protection of natural resources, and, ensuring affordability and balance that with the reasonable and realistic opportunities for developers under the ordinance. All WFH projects must appear before the Planning Board for conceptual consultation and design review.

Some particulars of this year’s warrant:

· Forms of WFH developments are allowed in Residential Districts B & C, Rural, and Village Center District:

Dwelling types allowed in Residential Districts B &C, and Village Center District are single

family, duplex and multi-family units.

Dwelling types permitted in the Rural District are limited to single family or one duplex per lot.

· Minimum project acreage is five (5) acres (not minimum house lot size).

· WFH units shall contain no more than three (3) bedrooms.

· Minimum % workforce housing in Development 50%.

· Architecture should be complementary and harmonious with abutting developments.

· Design guidelines where WFH will look no materially different than the market rate homes within the development.

Passing this ordinance may help to avoid additional costly law suits against the Town of Windham. Finally, without a WFH Ordinance, courts can render a builder’s remedy decision whereby developer may proceed despite its nonconformance with local regulations, conditions or restrictions. Windham would not be able to exercise meaningful supervision over the development.

This is the second article of a series of three articles on this subject. Look for the third and final article next week: “Risks to Windham if it has no WFH Ordinance”

The exact ordinance language of the Workforce Housing Ordinance of all other Zoning Amendments proposed for the 2012 Town Meeting can be found on the Planning Board page of the Town website: www.windhamnewhampshire.com. The proposed amendments are also available at the Community Development Department. If you have any questions feel free to contact Community Development staff at 432-3806.