Arnett Development Group
  

     
"What all the ado about ADUs* is all about"

 *ADUs: ALTERNATIVE DWELLING UNITS 
---------------------
   
  
More than 80 attended a recent presentation about Accessory Dwelling Units - hosted by PlanNH - in Concord, NH in March. Pictured (l.-rt.) are Ben Frost of the NH Housing Finance Authority, Robin LaPlante, Executive Director of PlanNH, Jonathan Edwards of ADG, and John Vogl, GIS Manager/Comprehensive Planner for the Town of Londonderry, NH.

By Jonathan Edwards - Chief Planner, ADG

ADUs: Implications of SB-146 as Enacted
 
On March 16, 2016 the Governor of New Hampshire signed into state law Senate Bill 146 as revised by the House of Representatives. The effect on municipalities is that every city and town in New Hampshire that adopts a zoning ordinance pursuant to the authority granted to it shall as of June 1, 2017 allow accessory dwelling units (ADUs) as a matter of right or by either conditional use permit pursuant to RSA 674:21 or by special exception, in all zoning districts that permit single-family dwellings.
 
This legislation's ADU stipulations comprise obligations that municipalities must adhere to and it also provides a variety of options to enable cities and towns to tailor its ADU standards as they decide would be appropriate to its neighborhoods, residential composition, and housing needs.
 
Policy and Technical Implications of Applying SB 146 to Municipal Land Use Regulations:
 
As of June 1, 2017,
  • If a town does not have zoning, the town must let the provisions of SB 146 govern the development of Accessory Dwelling Units (ADUs). If a town wishes to allow ADUs along with optional provisions allowed in the law, the town will need to adopt a zoning ordinance to do so.
  • If a town has zoning, the zoning ordinance should comply with the requirements of SB 146. If it does not, then the SB146 legislation will override the existing zoning ordinance. If an existing ordinance allows for Accessory Apartments or "Mother-in-Law" Apartments or "Granny Flats", or if it already has provisions for Accessory Dwelling Units, the ordinance will need to be amended to comply with SB-146.
The stipulations enacted by SB 146 are mandates that a municipality provide for in its regulations, but there is room in many of these requirements for the municipality to make a wide variety of choices.
 
For instance, a town may enact different standards for various residential zoning districts or it may specify criteria for granting special exceptions for ADUs. A town might allow more than one ADU per lot. It is important to note that an ordinance should state that an ADU does not count as an additional dwelling unit for purposes of compliance with district density and dimensional standards.
 
Towns may also require an applicant to make adequate provisions for water supply and sewage disposal for the accessory dwelling unit in accordance with RSA 485-A:38, but separate systems shall not be required for the principal and accessory dwelling units.
If an ADU is not on public water and sewer, well and septic provisions shall comply with New Hampshire Department of Environmental Services regulations. DES may require enlargement or modification of the septic system if necessary to accommodate a larger loading.
 
If a town has or adopts a zoning ordinance, it may allow, but is not required to allow, more than one accessory dwelling unit for any single-family dwelling. A town may elect to permit detached accessory dwelling units and in doing so may require an increased lot size. Towns also have the right to establish standards for accessory dwelling units for the purpose of maintaining the aesthetic continuity with the principal dwelling unit as a single-family dwelling.
 
To address neighborhood concerns about absentee ownership, a town may require owner occupancy of one of the dwelling units and demonstrate that the unit is their principal place of residence. However, it can not specify which unit the owner must occupy.  
 
In developing or modifying existing ordinances, towns may establish minimum and maximum sizes for an accessory dwelling unit, provided that size may not be restricted to less than 750 square feet. Ordinances must also allow ADUs to have more than one bedroom. However, if owners want to provide some "studio" or one-bedroom ADUs, that would be permissible unless you choose to stipulate a minimum number of bedrooms.Building Code occupancy standards specify minimum square footage for bedrooms, so building size and ADU size in practice can govern or limit the number of bedrooms in an ADU.
 
Lastly, an ordinance may require adequate parking to accommodate an accessory dwelling unit. The realistic number will rely on the size of an ADU and how many bedrooms it has, so ADU standards can be crafted accordingly. Number and location of parking, driveways, and curb cuts, on residential lots can generate neighborhood concern, and your ordinance should respect these concerns.
 

GIS Manager/Comprehensive Planner for the Town of Londondery John Vogl (l.) and ADG's Jonathan Edwards answer questions about ADUs at the Londonderry presentation. 


 Questions? Contact me at:

  ========================================
  
Thanks for reading Economy Developer. We hope this newsletter helps you in your good works.
  
  
 
ADG - Arnett Development Group LLC 
                                                                             
10 Fisk Road                                                                  
Unit B
Concord, NH 03301-6211

EMAIL:  
[email protected]            

PHONE: 603-219-0043

WEBSITE:
arnettdevelopmentgroup.com
                               
Stu Arnett Economy Developer
   Sharon Callahan
Economy Developer Newsletter  Editor


Better Future logo
Member - Better Future Alliance L3C


 

------ 
ADG in the News: 
CIBOR TRAINING and ADG
Friday, May 6th
"A View from the
Other Side...of the Counter"
See details below
------

Where Are They Now?


Roy Duddy: 
The Voice of Eversource in the North Country, and Awarded Economy Developer
 
A long-time leader in economic development and more recently a public service employee for the Granite State, Roy Duddy serves as Community Relations Manager for the Northern Region for Eversource, New Hampshire's largest utility.
 
Roy's work involves supporting communities' needs for energy efficiency and critical facilities, as well as supporting Eversource's overall community-development needs. 
 
Prior to joining, Eversource, Roy was Interim Director of the New Hampshire Division of Economic Development.
overseeing the Business Resource Center and the International Trade Resource CenterThe Division's supported the UNH Innovation Research Center, SBDC: Small Business Development Centers, NH TeleCom Development Board, and Business Energy Efficiency Program.
 
Before his appointment as State --- 
Director, Roy's leadership included:
  • State Director for the BRC Business Resource Center
  • Deputy Director Manufacturing Extension Partnership - NHMEP
  • Regional Manager for the Office of State Planning OSP 
While working for the state, he partnered with numerous organizations, including helping to develop a statewide  practitioner certification program, the establishment of the DRTC-Dartmouth Regional Technology Center, and provided the leadership resulting in more than 25 marketing and public relations regional awards, and the expansion and relocation of over 50 businesses in New Hampshire.
 
"Local economy developers had no greater friend than Roy. If you needed something to help your local business or prospect, Roy made sure you got it ....If you want a definition of loyalty, or team commitment, it is Roy"
Stuart Arnett, Supervisor of Roy at the NH Economic Development Division
 
Roy has been recognized by his peers for his many contributions to the State, including the Commercial Investment Board of Realtors (CIBOR) "Affiliate of the Year" award, the Business and Industry Association's (BIA) "Above and Beyond Service and Leadership" award,  the New Hampshire Business Review's "Excellence in Public Service" award, and Citizens Bank's "Not your Typical Statewide Partner."
 
Economy Developer Newsletter thanks Roy for his service to the New Hampshire economy.
------------
 
  UPCOMING EVENTS
  
NH SBA-SCORE EVENTS MERRIMACK VALLEY
  
Small Business NH
May 10, 2016
Many new employers don't realize that certain state and federal laws apply to even your first employee. 
6:00 pm - 8:00 pm
Derry Public Library, Derry, NH
 
Small Business Health Insurance Options
May 17, 2016
Not sure what options are available to you and your small business for health insurance? This workshop reviews the options for 2016.  Don't miss this! 
6:00 pm - 8:00 pm
Chamber of Commerce
49 S. Main St. Concord, NH
 
ADG in the News:
"View from the Other Side ...of  
the Counter" Friday, May 6  
The successful CIBOR member knows that every sale depends on getting permissions from the host-site community to re-use the site as the new buyer wants. Will it be allowed? Does it qualify for a Variance? Is this community easy or hard; consistent or subject to unpredictable whims? And there is always that question about "Grandfathering."
 
Presenter Stuart Arnett will figuratively walk you around  to the Planner's side of the Town Office counter, so you can better understand who they are, what drives them, and hopefully how you can each meet your shared and important goals.
 
9:00 a.m. - 11:30 a.m.
Friday, May 6, 2016
Berkshire Hathaway Training Room
1 Verani Way
Londonderry, NH
 
Or go to www.nhcibor.com, no need to log in, go to: Education/Events tab, click down to events calendar, go to May 6th on calendar and click on it.
 
NH Charitable Foundation
Investing in NH Forum: Portsmouth
Wednesday, May 18, 2016
We all have a stake in New Hampshire's economic future. We all want strong communities and a more-vibrant economy. And we all know that there are problems that no single entity can solve.
A growing number of like-minded individuals and institutions are putting their dollars to work in their communities - creating tangible social impact while earning a financial return. Come join us to learn how you can invest in the people and businesses of the Granite State through impact investing.
4:30 p.m. to 7:00 p.m.
Portsmouth Discover Center
10 Middle Street, Portsmouth, NH