Town of Nottingham, NH

The continuing unprecedented influx of residential development proposals, the issuance of a record-setting number of housing unit building permits in 2004, and the continual increases to local property taxes has put an inordinate strain on our citizens, many of who are elderly and on fixed incomes and/or are considered low to moderate income wage earners. This raises serious questions about whether the existing Master Plan, Capital Improvement Program, and Zoning Ordinance adequately reflect the Planning Board’s and the community’s expectations for logical and desirable development in this community.

Development is causing the fragmentation of wildlife habitats, and the existing Master Plan does not inventory with sufficient detail and prioritize those remaining undeveloped areas of land based upon their environmental characteristics and sensitivity and designate areas based on such priorities for conservation and preservation;

The land use and housing sections of the Master Plan were last updated in 1990. Land use and housing change seen in Nottingham during in the last 3 years has moved from development along existing roads to new tracts of land being opened up for development. This change in the character and type of development has strained Nottingham’s resources to service these new areas without investing in new equipment and personnel.

There is a shortage of undeveloped land with access to water services. The current Nottingham Aquifer Protection Districts only protect Nottingham’s sand and gravel aquifers, per NHDES/USGS mapping, and does not adequately protect other types of aquifers in Nottingham;

On July 1, 2004, New Hampshire Department of Environmental Services (NHDES) approved a Large Groundwater Withdrawal Permit (LGWP) from a bedrock aquifer along Route 4 in Nottingham.

The permit identifies a 14 square mile area known as the Source Water Protection Area (SWPA), to represent the “feed” area for the withdrawal.

According to the OSP 2004 Household Estimates, Nottingham has the highest household increase for 2003 in our region. Nottingham had 3.29% growth in 2003 compared to the average for our surrounding towns of 1.75%, and over 57% higher than the second highest growth rate of 2.09% in Barrington. The 3 year growth for Nottingham is 8.64% which is higher than the regional average growth of 6.25%. (source: http://www.nh.gov/oep/programs/DataCenter/Housing/documents/HouseholdEstimates2003.pdf )

According to the OSP 2003 Housing Supply Report, Nottingham has the highest housing stock increase for 2002 in our region. Nottingham had 3.34% growth in 2002 compared to the average for our surrounding towns of 1.93%, and over 58% higher than the second highest growth of 2.1% in Barrington. (source: http://www.nh.gov/oep/programs/DataCenter/Housing/documents/hse2002_r.pdf)

Nottingham issued a record number of building permits for housing units in 2003. The 75 permits issued represented an increase of 17 or 27% over 2002. By Dec 7th, 2004 Nottingham has again issued a record number of permits and to date has issued 102 new home permits representing an increase of 36% over 2003. The last three years (2002 – 2004) have seen consecutive double digit permit increases, year over year. The 2004 permit numbers represent a 142% increase over 2001. (source: Nottingham Town Report 2003, current YTD data)

These planning issues are very complex, are often inseparably intertwined, and have not been amenable to satisfactory solution under the terms of the current Master Plan, Capital Improvement Program, and Zoning Ordinance; and

The Planning Board has been so burdened with the responsibilities of subdivision and site plan review that it has not had the time or resources to adequately take up and study these issues and concerns.

The planning board needs the opportunity to address these concerns by discussing and proposing comprehensive changes without being burdened with large subdivisions being proposed at various times, and avoiding conflicts between any ordinance changes and proposed developments.

Promote the orderly development of land within the Town and to promote the public health, safety, and welfare of the residents of the Town;

Allow time for completion of updating the town’s Master Plan to reflect correct and current local and regional data under RSA 674:2, II a;

Develop the Master Plan Land Use section that translates the vision statements into physical terms. Based on a study of population, economic activity, and natural, historic, and cultural resources, it shall show existing conditions and the proposed location, extent, and intensity of future land use as required by RSA 674:2. II a;

Allow time for the Capital Improvement Program (CIP) Committee to understand their role in the CIP process and develop suitable CIP for the Town under this new process; and

Allowing the planning board to update zoning ordinance and subdivision regulations consistent with the updated Master Plan to regulate and control development, using impact fees and/or other allowed methods.

Under this interim ordinance, the Planning Board shall not accept applications for residential subdivisions or for residential site plan review. Notwithstanding the foregoing, applications for the following are exempt from the limitations of this ordinance when otherwise allowed by the Town of Nottingham Land Use Regulations:

Boundary Line Adjustments and subdivisions resulting in 3 lots, or less, in accordance with the Nottingham Subdivision Regulations.

Developments for affordable housing for the elderly where occupancy is limited to persons 62 years of age and older that are state or federally financed.

3. lots or sites on any subdivision or site plan application which has been accepted by the planning board for consideration prior to (the effective date of this ordinance).

4. lots or sites on any subdivision or site plan that has been approved by the planning board prior to (the effective date of this ordinance) and remains in compliance with RSA 674:39.

The Planning Board is hereby authorized to establish administrative procedures necessary to implement this regulation. All such procedures shall be posted.

Where the provisions of this regulation conflict with the provisions of any other ordinance or regulation, the more restrictive provisions that impose the higher standard shall control.

Should any part of this regulation be held invalid or unconstitutional by a court, such holding shall not affect, impair, or invalidate any other part of this ordinance, and to such end, all articles, sections, and provisions of this regulation is declared to be severable.

The Planning Board is of the opinion that these findings of fact support a conclusion that there exists, per RSA 674:23, unusual circumstances requiring prompt attention and for the purpose of altering the Town’s Capital Improvements Program and Master Plan, and for the purpose of possibly developing a growth management process per RSA 674:22, the Town of Nottingham Planning Board recommends the adoption of an interim restriction on new residential subdivision development and residential site plan review in Nottingham for a period of time not to exceed one year, to permit the Planning Board to study and examine these issues.