We have a vaguely written PUD proposal aimed at the over 55 population. Any help with specifics? Thanks.
Chapter 1 - ZONING ORDINANCE
SECTION XIV—ELDERLY HOUSING
1401 Objectives and Characteristics
The Elderly Housing District is designed to permit an increased residential density
above that allowed in the AR-I and R-III districts and to set criteria that assures that
a project for the elderly will address the needs of elderly as opposed to any other
Any elderly housing development under this section must be established and
maintained in compliance with the Fair Housing Act, as amended, 42 USC Sec. 3601
et seq. The Board may require assurance of compliance with the Act by deed
restriction or other instrument as condition of approval. “Such assurance may
consist of a written plan submitted by the Developer, which sets forth (1) the
regulations under the Fair Housing Act whereby a project may lawfully discriminate in
favor of elderly residents, and (2) how the Developer does or proposes to comply
with such requirements, including covenants and other deed restrictions and other
A. Permitted Uses
1. Elderly Housing
2. Elderly Housing Support Facilities
Elderly Housing shall be allowed in any residential or commercial district in the
Town of Londonderry, as long as all of the requirements of the “Regulations
and Design Criteria” (Section 1403), Elderly Housing, can be met.
A. Open Space.
Open Space is that portion of a lot open and unobstructed from its lowest level
to the sky. It shall not include land occupied by buildings and structures as well
as all roads and drives. Where no separate right-of-way is delineated for
private streets, only the pavement areas of the street, curbs and sidewalks are
excluded. Walkways integral to the open space areas that are not curbside
sidewalks do not count. A minimum of 30% of the required open space shall be
useable lands. Minimum areas between dwellings (1404.B.) and the minimum
setback between the building and the edge of right-of-way for the internal road
system (1404.C.) shall not be counted towards the required 30% useable
uplands. Up to 50% of the required open space can be wetlands or water
B. Useable Uplands
Land which is not a water body, wetland, or steep slopes above 25%.
1404 Regulations and Design Criteria
A. Minimum size of tract area for a elderly housing development shall be fifteen
(15) acres. This tract shall have a minimum of fifty (50) foot frontage on a Class
V road or better and, at the discretion of the Planning Board, a second fifty (50)
foot frontage on a Class V road or better may be required for traffic circulation
B. Each dwelling shall have a minimum separation from any other building of sixty
(60) feet. Each single family dwelling shall have a minimum separation from any
other building of thirty (30) feet.
C. Each building shall have a minimum setback of forty (40) feet from the edge of
right-of-way of the internal road system.
D. Buffers - The Planning Board shall establish the criteria for a Buffer zone
around the entire perimeter of the site based on the following:
1. Topographic features of the site and adjacent studies;
2. Use or zoning classification of abutting land;
3. Degree of visual barrier provided by proposed buffer.
In no event shall the buffer zone be less than the following:
Adjacent zone or use:
AR-I, R-III, = 30 feet
C-I, C-II, C-III = 50 feet
I-I, I-II = 50 feet
The criteria for establishing the buffer zone is found in the “Non-Residential
Site Plan Review Regulations” and “Subdivision Regulations” of the Town of
Londonderry, as amended.
E. Parking - There shall be two (2) parking spaces per dwelling unit. The Planning
Board shall carefully consider the location of the parking area and the parking
area's access to the unit it serves in keeping with its attendant use by the
F. Building Height - Building height shall be limited to one story unless:
1. the second floor has an at-grade access, or
2. the second floor is served by an elevator.
The building height shall not exceed thirty-five (35) feet.
G. Dwelling Units - The standard dwelling unit will be two (2) bedrooms. The base
population shall not exceed an average of two persons per unit for site. A site
specific floor plan shall be part of the approval process and all designs shall
reflect full time occupancy of no greater than two residents per unit.
H. Open Space - Open space as defined elsewhere in this section of the zoning
ordinance shall constitute no less than seventy (70) percent of the gross tract
area of the site.
I. Allowed Support Facility Uses - Support facilities for housing for the elderly may
include, but shall not be limited to the following:
1. Non-denominational chapel;
2. “Neighborhood” market;
3. Recreational facilities (i.e., card rooms, swimming pool, meeting room, video
room, music room, etc.);
4. Postal sub-station;
5. Medical sub-station (i.e., first aid, pharmacy, circuit health-care, etc.)
7. Circuit Veterinary Care.
In the Planning Board's deliberations to allow any nonresidential use as support
facilities, the Planning Board shall give strong consideration to the needs of
elderly, not the applicant.
J. Site Ownership - At the time of application, the entire site shall either be under
one owner, or documents shall be submitted with application that show that all
owners of record have applied to the Planning Board for consolidation, pending
approval of the site plan.
K. Agreements, Restrictions and Provisions - All agreements, deed restrictions and
organizational provisions for methods of management and maintenance of the
common land, roads, utilities and support facilities shall be approved by the
Planning Board. The site must be made subject to permanent covenants and
their spouses aged 55 years of age or older, with authority, but not the obligation
to enforce such granted to the town of Londonderry as well as the dwelling unit
L. Road Construction - All roads and drives in a site shall be privately owned and
maintained. Street design and construction is subject to the approval of the
Planning Board. Easements for emergency access and relief from liability shall be
given to the Town in a form acceptable to Town counsel.
M. Review - Any proposed elderly housing development shall be subject to the
“Non-Residential Site Plan Review Regulations” of the Town of Londonderry, as
N. Density - Maximum density shall be determined as follows:
1. From Gross Tract Area subtract:
- Soils classified as poorly and very poorly drained;
- Areas of slopes greater than fifteen (15) percent;
- Bodies of standing water.
2. The resulting calculation shall be called “net tract area” and shall be the
basis for density determinations as follows:
a. Sites with P.U.C. regulated municipal water and sewer disposal system,
1. No greater than six (6) dwelling units per acre.
b. An area or areas shall be set aside in perpetuity and designated for
sewerage disposal, its capacity shall be determined for acceptance on
leachate on a site specific basis. The density shall be determined by
using the State of New Hampshire criteria for flowage for housing for the
elderly on a per bedroom basis and dividing that number into the
capacity of the site and then multiplied by a safety factor of eighty
This strikes me as absurd. Do they not benefit from having other members of the community educated? Are they not going to participate in continuing education programs? If I deed restrict a development to people who don't swim, can I be exempted from the part of the parks impact fees that might be applied to lakes management? I suppose they should not have to pay property taxes to support these functions too?Floridays said:I am not familiar with the entire statute, but on May 18, 2000, the Florida Supreme Court opined that developments which are restricted to persons over the age of 18 years old can not be assessed school impact fees. Developers/property owners must deed-restrict these properties to persons 18 years of age or older.
This strikes me as blatant discrimination, which I can't believe a court would uphold. I've been told by many an attorney that the only legal housing discrimination is elderly housing.Floridays said:I am not familiar with the entire statute, but on May 18, 2000, the Florida Supreme Court opined that developments which are restricted to persons over the age of 18 years old can not be assessed school impact fees. Developers/property owners must deed-restrict these properties to persons 18 years of age or older.