Hudson City Zoning Code
ARTICLE XIX
Growth Management
§ 334-108 Purpose.
Based on the Master Plan and Capital Improvements Program, which assess and balance community development needs with those of the wider region, the following growth management article is deemed necessary to control the rate of residential development in Hudson for the following reasons:
A.
Promote the development of an economically sound and environmentally stable community, which considers and balances local and regional development needs.
B.
Ensure that Hudson accommodates its fair share of regional growth while protecting it from the adverse fiscal, traffic, and environmental impacts that can result from uncontrolled growth.
C.
Guide efforts by the Town to monitor, evaluate, and establish a rate of residential growth that is consistent with its capacity for planned and orderly expansion of public services to accommodate growth.
D.
Provide a mechanism for situations when municipal services are strained due to rapid residential growth to reduce the rate of such growth in order to provide the Town the time and opportunity to correct any service deficiencies.
E.
Protect the health, safety, and general welfare of the residents of the Town of Hudson.
F.
Address the community development goals and objectives of the Town of Hudson Master Plan and Capital Improvements Program.
§ 334-109 Authority.
This article is adopted as a growth management ordinance under the authority of RSA 674:22.
§ 334-110 Findings.
A.
Hudson's developable land area, as estimated by the Nashua Regional Planning Commission (NRPC), is sufficient to support extensive new growth and development. According to a 1997 study by NRPC, there are approximately 3,650 buildable, residentially zoned acres out of a total of 17,371 acres in Hudson.
B.
Hudson's population increased 39.3% from 1980 to 1990, and 18.5% from 1990 to 1999, for an overall increase of 65%, or 3.4% annually over the nearly twenty-year period. By contrast, the total population of the communities making up the Nashua Regional Planning Commission (NRPC region) increased by 24% from 1980 to 1990, and 13% from 1990 to 1999, for an overall increase of 44%, or 2.3% annually over the nearly twenty-year period. As evidenced by these statistics, Hudson has grown at a faster rate than the region.
C.
The number of housing units in Hudson increased by 58% between 1980 and 1990, and by 17.5% between 1990 and 1999, for an overall increase of 85.5%, or 4.5% annually over the nearly twenty-year period. By contrast, the number of housing units in the NRPC region increased by 38.5% between 1980 and 1990, and by 10.2% between 1990 and 1999, for an overall increase of 52.7%, or 2.9% annually over the nearly twenty-year period.
D.
The average annual rate of new housing unit construction in Hudson is greater than the average for a Hudson first-tier fair-share region that consists of the six adjacent communities of Litchfield, Londonderry, Nashua, Pelham, Windham, and Tyngsborough, MA. In Hudson, the average annual increase in housing units for the period 1995 to 1999 was 1.7%, compared to a first-tier fair-share region average annual growth rate of 1.1%.
E.
Population projections for Hudson issued by the New Hampshire Office of State Planning (NHOSP) in 2000 project a 3,111 person, or 13.4% increase in population from 2000 to 2010.
F.
High levels of demand for housing in Hudson are expected to continue according to the 1999 Regional Housing Needs Assessment by NRPC. With the region divided into four parts, the eastern Towns of Hudson, Litchfield, and Pelham had the largest increase in the number of home sales for the period 1991 to 1998, at 116%.
G.
As of 1999, there were approximately 7,965 dwelling units in Hudson, according to estimates by the NHOSP. According to a build-out study performed by NRPC for the 1996 Hudson Master Plan, there is the potential to add approximately 4,700 units in Hudson's residential zoning districts, an increase of 58% over the 1999 figure.
H.
Hudson's total population at build-out, according to the Master Plan, could approach 33,300 persons, an increase of 10,200, or 44%, over the estimated 1999 population of 23,100.
I.
The Town of Hudson, in its Master Plan, supports controlled growth as one method of ensuring that the Town grows in a sustainable manner. Land-Use Goal B.3 states that Hudson should "[c]onsider the adoption of growth controls or development phasing to limit population increases and housing development to manageable levels." Population Goal A states that Hudson should "[p]rovide an acceptable rate of growth in relation to the regional rate of growth and in keeping with the ability of the Town to provide essential facilities and services."
J.
Community facilities.
(1)
Many community facilities in Hudson are being adversely impacted by rapid population and housing growth in the community. The Community Facilities section of the 1996 Hudson Master Plan states that: "The significant and rapid growth that occurred in Town over the past years has caused the current Town facilities to become inadequate. The growth of the Town facilities has not kept pace with the rest of the Town." Some of the municipal facilities adversely impacted by rapid growth include:
(a)
Fire Department: In its FY 2002 submittal to the Hudson Capital Improvements Plan Committee, the Fire Department noted that "the present fire stations are not conducive to providing timely responses for emergency services. The growth of the Town has passed the available level of service that the Fire Department can provide to the community from its present location." As a result of this deficiency, the Town will be assessing possible locations for additional fire stations.
(b)
Hills Memorial Library: The 1996 Hudson Master Plan notes that "[w]ith just 3,645 square feet in the original building, the inadequacies of the facility and crowding have been major concerns for many years." The Library has documented the need for a new 25,000 square-foot facility to meet present and future demands for library services.
(c)
Schools: The Town's rapid growth has placed severe strain on the school system. In an attempt to address the impacts of growth, the Town is building a new elementary school and renovating the middle school. Despite these improvements, the School Department reports that overcrowding will remain an issue as long as rapid growth continues.
(d)
Town Sewer: Hudson has an agreement with the City of Nashua in which the Nashua Wastewater Treatment Plant (WWTP) receives sewage flow from Hudson. Due to capacity limitations and the provisions of the inter-municipal agreement, the Nashua WWTP can only treat two million gallons per day (mgpd) of Hudson wastewater. The Town of Hudson is currently generating approximately 1.6 mgpd, which is approaching the limits of the Nashua WWTP. Constraints on the ability of the sewer system to expand results in a very limited allocation for commercial development, which is needed to sustain the tax rate.
(e)
Hudson Recreation Department: In its FY 2002 capital improvements submittal, the Town's Recreation Department noted that "[t]his rapid growth has caused an outcry for more (recreational / sports) fields." Additional sports fields are needed to meet present and future demand brought on by recent and anticipated growth. Many sports programs are at capacity at the present time. A new indoor recreation center is also needed, as the demand for many programs is now nearly double the capacity of the existing facility.
(2)
The above examples are intended to illustrate how rapid and unchecked growth impacts many of the Town's services and facilities.
§ 334-111 Definitions.
The following definitions shall apply only to the growth management section and shall not be affected by the provisions of any other Town ordinance.
A certificate obtained from the Planning Board entitling the holder to obtain one building permit for one dwelling unit. Dwelling units as defined in this article include single-family homes and duplexes on individual lots, as well as individual condominium units and apartments in multifamily structures shown on approved site plans. A building certificate is valid for a period of two years from the date of issuance, by which time it must be redeemed for a building permit, or expire.
Average annual percentage increase in residential building permits issued in the six adjacent municipalities of Litchfield, Londonderry, Nashua, Pelham, Windham and Tyngsborough, MA, for the preceding five-year period.
Housing that qualifies as "Housing for Older Persons" as defined in § 334-70 and developed according to the provisions of § 334-71 of the Town of Hudson Zoning Ordinance.
Land designated as a separate and distinct parcel prior to the date of posting (November 3, 2000) of this article either in a legally recorded deed filed with the Hillsborough County Registry of Deeds or lots or units described as part of a subdivision or site plan recorded at the Hillsborough County Registry of Deeds prior to the date of posting. For the purpose of this article, a lot of record shall also be defined to include separately defined condominium units, as well as individual units in duplexes and multifamily structures, shown on site plans and/or subdivision plans accepted for review by the Hudson Planning Board prior to the date of posting.
A target number of building permits to be issued in Hudson in the current year equaling the fair-share region average growth rate for the preceding five years times the total number of dwelling units existing in Hudson in the preceding year. Round any fraction calculated herein to the next whole number.
The total number of dwelling units in Hudson on December 31. This number includes single-family homes, as well as dwelling units in duplexes, apartments, condominium developments and other multifamily structures. Note: For 1999, the DU number is 7,965 based on an estimated accounting of the number of dwelling units.
§ 334-112 Applicability and effect.
A.
This article applies to all lots of record as defined in §§ 334-6 and 334-111, as well as to all future residential development. The application of this article to lots of record is for tracking purposes only. To receive a building permit, an applicant is required to possess a building certificate (also referred to herein as a "certificate") from the Planning Board or its designee for each approved dwelling unit. In order to be eligible for the issuance of a building certificate, an applicant must supply a properly completed application form to the Planning Department Clerk.
B.
This article does not apply to nonresidential buildings or to the expansion, alteration, renovation, or replacement of existing dwelling units. Beginning on the effective date of this article, no building permit for a new dwelling unit shall be issued without possession of a building certificate issued in accordance with the provisions of this article.
§ 334-113 Periodic review.
It shall be the responsibility of the Planning Board to monitor growth in the Town and region and notify the Town of the findings.
A.
The Planning Board or its agent(s) shall assemble by the third Tuesday in February such information necessary for assessing whether unsustainable rates of development continue to exist, and, if so, to determine the sustainable rate of development. Information should include statistics on building permits issued and building certificates issued and redeemed. Reliable information that may be used includes: statistics provided by the local Building Inspector and "Permit Authorized Construction in Permit-Issuing Places by State and County" as reported by the Building Permits Branch of the U.S. Census.
B.
The Building Inspector shall provide to the Planning Board information describing the status of requests and issuance of residential building permits on a semi-annual basis to aid in monitoring the issuance of certificates and permits. The information provided shall include the number of permits issued in each of the last four semi-annual periods. For reporting purposes, periods conform to the calendar year January 1 - June 30, and July 1 - December 31. Information for each period shall be submitted within 31 days of the end of December and June.
§ 334-114 Calculation of annual certificate pool and annual discretionary certificate allocation.
Data shall be collected for the previous five years on the number of new dwelling units for the six adjacent regional towns. For the purposes of this section, the yearly statistics to be utilized are based upon a calendar year of January 1 to December 31. To calculate the certificate allocation for the current year, Steps A, B and C must be completed as described below:
A.
Calculate the fair-share region average growth rate. (See definitions.)
(1)
Do not include statistics for Hudson in the calculation; otherwise, local growth may influence regional growth statistics.
B.
Calculate the sustainable rate of development. (See definitions.)
C.
Calculate the current year certificates available for disbursement in semi-annual allocations.
(1)
Calculate the net available current year certificates (discretionary allocation) by subtracting from B the number of building permits issued to new dwelling units in the prior year.
(a)
If the calculated net available current year certificates is less than or equal to 10, then the number of discretionary certificates for the current year shall be 10.
(b)
If the calculated net available current year certificates are greater than 10, then the number of discretionary certificates for the current year shall be the calculated number.
§ 334-115 Procedures for distributing certificates.
Certificates shall be distributed according to the following allocation rules:
A.
No residential building permit may be issued except with the possession of a certificate.
B.
From January 1 through December 31, the Planning Department Clerk, on a form prepared by the Planning Board, shall receive applications for certificates for the current year. These applications shall be time and date stamped when received. The basis for determining the priority standing among all applications for the annual allotment of discretionary certificates shall be the order of submission of the applications as indicated by the Planning Department office stamp. Except for lots of record, no application for certificates may be made prior to recording an approved subdivision or site plan with the HCRD. Note: All applications for certificates for a subdivision or site plan shall be placed onto a single form provided by the Planning Board and must list all lots or units.
C.
Guaranteed allocation. So that all developments are assured an allocation of certificates appropriate to the size of their subdivision or site plan and investment, all subdivisions and site plans for multifamily and condominium developments approved by the Planning Board and recorded at the Hillsborough County Registry of Deeds shall receive certificates according to the following schedule: subdivisions and site plans of one to five lots or units shall be entitled to certificates equal to the number of lots or units in the subdivision or site plan; subdivisions and site plans with six to 10 lots or units shall receive at least five certificates per year; subdivisions and site plans with 11 to 20 lots or units shall receive at least six certificates per year; subdivisions and site plans with 21 to 30 lots or units shall receive at least seven certificates per year; subdivisions and site plans with 31 to 40 lots or units shall receive at least eight certificates per year; subdivisions and site plans with 41 to 54 lots or units shall receive at least nine certificates per year; subdivisions and site plans with 55 to 80 lots or units shall receive at least 10 certificates per year; and subdivisions and site plans greater than 80 lots shall receive certificates equal to 12.5% of their total number of lots or units per year.
(1)
Building lots that are planned for construction must obtain one building certificate for each dwelling unit.
(2)
Each subdivision or site plan may receive their minimum guaranteed certificate allocation pursuant to § 334-115C at any time during the year after subdivision or site plan recording at the HCRD, and is not required to wait until annual certificate allocations. In the year(s) following subdivision or site plan recording, the full allotment of certificates specified in § 334-115C shall be available, based on the total number of lots or units in the approved and recorded subdivision or site plan.
(3)
The number of guaranteed certificates available during the year of recording shall be calculated on a pro-rata basis based on the number of months remaining in the year from the date of subdivision or site plan recording. For subdivisions or site plans recorded in January, the full yearly allotment of guaranteed certificates specified in § 334-115C shall be available, for February 11/12 of the yearly allotment shall be available, for March 10/12 of the yearly allotment shall be available, and so on until December, in which 1/12 of the allotment shall be available. The number obtained by multiplying the allotment specified in § 334-115C by the proportion of the year remaining in terms of months shall be rounded up or down to the nearest whole number to determine the number of certificates available.
(a)
For example, a thirty-five-lot subdivision is eligible for eight certificates according to § 334-115C. If the subdivision plan is recorded in July, the subdivision is eligible for 6/12 (or 1/2 or 0.5) of the certificates that first year. One-half of eight equals four certificates available to that subdivision in the year of recording.
(b)
If the same thirty-five-lot subdivision is recorded in September, it is eligible for 4/12 (or 0.33) of the yearly allotment of guaranteed certificates. Eight multiplied by 0.33 equals 2.6, which is then rounded up to three, which equals the amount of guaranteed certificates available.
D.
Discretionary allocation. The remaining certificates shall be allocated annually by the following system:
(1)
At the second Planning Board meeting in March, the Planning Board shall conduct its annual discretionary certificate allocation.
(2)
If a surplus of certificates is left over from distribution in the prior year, the remaining certificates may, at the discretion of the Planning Board, be added to the number of permits available in the current year.
(3)
When the number of certificate applications exceeds the number of certificates available, the annual allocation is distributed among applications using a priority based upon the order in which the Planning Department Clerk received the applications.
(4)
The procedure for allocating discretionary certificates on an annual basis is as follows: Discretionary certificates shall be issued to applicants one at a time based upon the order in which applications have been received by the Planning Department Clerk. When there are certificates remaining after each applicant has received their first certificate, the process shall be repeated until all available certificates are exhausted. Each application shall be specific to a subdivision or development irrespective of the individual filing the application. Only one application may be filed for a subdivision or development in each calendar year.
[Amended 3-14-2006 by Amdt. No. 1]
(5)
At the next annual allocation, the allocation commences with the next applicant scheduled to receive a certificate that did not receive any certificates in the prior allocation.
(6)
The owners of lots allocated certificates may formally apply to the Building Inspector for the issuance of a building permit.
(7)
A certificate may be used for any dwelling unit within the subdivision or site plan for which it was awarded. Certificates may not be transferred to other subdivisions or site plans.
(8)
A building certificate is valid and must be redeemed for a building permit within two years of the date of issuance.
E.
Disclaimer. Certificate issuance in no way ensures or guarantees building permit issuance.
§ 334-116 Exemptions.
A.
The following new dwelling unit types shall apply for and will be granted building certificates, but are exempt from the certificate allocation requirements outlined in §§ 334-114 and 334-115 of this article. The requirement that a use exempt from allocation requires the issuance of a certificate is a mechanism that will enable the Planning Board to track and monitor all new residential development in Hudson. Provisions for guaranteed minimum certificate allocations are found in § 334-115. Nonresidential buildings, including commercial, industrial, and municipal buildings, are exempt from the provisions of this growth management article and do not require the issuance of a building certificate.
§ 334-117 Sunset.
If the number of building certificates requested for three consecutive years is less than 75% of the prior year's sustainable rate of development, then the Planning Board may consider the suspension of this growth management article. At such time, if the Planning Board decides to keep the ordinance in place, it shall provide findings as to why continued implementation of the ordinance is necessary to address public service and facility deficiencies and other impacts of rapid growth.
§ 334-118 Implementing regulations.
To the extent deemed appropriate, the Planning Board may adopt administrative regulations to guide Planning Department staff and agents of the Board in administration of this article, pursuant to RSA 674:36; 674:44, 674:4I(a) and (b), and 674:4, II to III.
§ 334-119 Severability.
Should any part of this article be held invalid or unconstitutional by a court, such a holding shall not affect, impair, or invalidate any other part of this article, and, to such end, all articles, sections and provisions are declared to be severable.