New Hampshire Town and City Magazine, September-October 2019

September/October 2019

TownandCity N E W

H A M P S H I R E

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

In This Issue:

al i c e p S e u s s I I NHOS de!

Insi

NHOSI - Planning Division: Where We Came From and What We Do.............................................................................12 The State of Local Land Use Regulations of NH.........................15 Is New Hampshire Ready for Complete Streets.........................18 The NH Flood Hazards Handbook for Municipal Officials........20 When is a House a Hotel?...............................................................22 Bills That Are Not Going Away.......................................................26

Safety. Liquidity. Yield.

Municipalities and governmental entities need investment options that focus on these objectives.

The New Hampshire Public Deposit Investment Pool (NHPDIP or the Pool) features: • Professional Management. Investments in the Pool are managed by investment professionals who are experienced in managing local government investment pools, and follow both general economic and current market conditions affecting interest rates. NHPDIP is rated AAAm* by Standard and Poor’s Ratings Services.

• Convenience. NHPDIP provides simple management solutions with 24/7 password-protected account access and a Client Services Group to provide additional support and assistance.

• Diversification. NHPDIP has a diversified portfolio of high-quality instruments designed to meet the Pool’s primary objective of safety.

Learn more by calling your dedicated NHPDIP Representative at 1.800.477.5258 or the Client Services Group at 1.844.4NH-PDIP (1.844.464.7347) or visiting www.nhpdip.com.

*Standard & Poor’s fund ratings are based on analysis of credit quality, market price exposure, and management. According to Standard & Poor’s rating criteria, the AAAm rating signifies excellent safety of investment principal and a superior capacity to maintain a $1.00 per share net asset value. However, it should be understood that the rating is not a “market” rating nor a recommendation to buy, hold or sell the securities. For a full description on rating methodology, visit Standard & Poor’s website http://www.standardandpoors.com/en_US/ web/guest/ home).

This information is for institutional investor use only, not for further distribution to retail investors, and does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors should consider the Pool’s investment objectives, risks, charges and expenses before investing in the Pool. This and other information about the Pool is available in the Pool’s current Information Statement, which should be read carefully before investing. A copy of the Pool’s Information Statement may be obtained by calling 1-844-464-7347 or is available on the NHPDIP website at www.nhpdip.com. While the Pool seeks to maintain a stable net asset value of $1.00 per share, it is possible to lose money investing in the Pool. An investment in the Pool is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Shares of the Pool are distributed by PFM Fund Distributors, Inc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC.

Table of

Volume LXII • Number 5

Contents

September/October 2019

3 5 11 29 31 32 34 38 38 39 40 41 42 46

A Message from NHMA’s Executive Director Happenings Upcoming Events Up Close and Personal in the Field: Laura Gandia Up Close and Personal in the Field: Matthew Scruton HR Report: RSA 159:26 Re-Revisited LEGAL Q&A: What Municipalites Need to Know About “Workforce Housing” Court Update Name That City or Town This Moment in History AFFILIATE SPOTLIGHT: New Hampshire Planners Association AFFILIATE SPOTLIGHT: New Hampshire Association of Regional Planning Commissions NHARPC Report: Public Health Planning A Sign of the Times NLC Report: New NLC Report Reveals Solutions to National Housing Crisis

Centerspread: NHMA’s 78th Annual Conference and Exhibition

New Hampshire Town and City Magazine Staff Executive Director Editor in Chief

Margaret M.L. Byrnes Timothy W. Fortier

Contributing Editor Margaret M.L. Byrnes Barbara T. Reid Production/Design

Evans Printing Co.

12 15 18 20 22 26

The New Hampshire Office of Strategic Initiatives – Planning Division: Where We Came From and What We Do

The State of Local Land Use Regulations in New Hampshire Is New Hampshire Ready for Complete Streets?

The New Hampshire Flood Hazards Handbook for Municipal Officials: A New Resource to Help Your Community Prepare for, Respond to, and Recover from Floods When is a House a Hotel?

Bills That Are Not Going Away

Cover Photo Credit: Epping Town Hall photo by Epping Town Planner, Brittany Howard.

Official Publication of the New Hampshire Municipal Association 25 Triangle Park Drive • Concord, New Hampshire 03301 Phone: 603.224.7447 • Email: nhmainfo@nhmunicipal.org • Website: www.nhmunicipal.org New Hampshire Municipal Association Phone: 800.852.3358 (members only) NEW HAMPSHIRE TOWN AND CITY (USPS 379-620) (ISSN 0545-171X) is published 6 times a year for $25/member, $50/non-member per year, by the New Hampshire Municipal Association, 25 Triangle Park Drive, Concord, New Hampshire 03301. Individual copies are $10.00 each. All rights reserved. Advertising rates will be furnished upon application. Periodical postage paid at Concord, NH 03302. POSTMASTER: Send address changes to NEW HAMPSHIRE TOWN AND CITY, 25 Triangle Park Drive, Concord, NH 03301.

NEW HAMPSHIRE TOWN AND CITY serves as a medium for exchanging ideas and information on municipal affairs for officials of New Hampshire municipalities and county governments. Subscriptions are included as part of the annual dues for New Hampshire Municipal Association membership and are based on NHMA’s subscription policy. Nothing included herein is to be construed as having the endorsement of the NHMA unless so specifically stated. Any reproduction or use of contents requires permission from the publisher. POSTMASTER: Address correction requested. © Copyright 2019 New Hampshire Municipal Association

www.nhmunicipal.org

SEPTEMBER/OCTOBER 2019

1

New Hampshire Municipal Association

B OA R D O F D I R E C TO R S

As of March, 2019

Shaun Mulholland - Chair City Manager, Lebanon

Jim Maggiore - Vice Chair Selectman, North Hampton

Lisa Drabik - Treasurer Asst. Town Manager, Londonderry

Rick Hiland - Secretary Selectman, Albany

Brent Lemire Immediate Past Chair Selectman, LitchďŹ eld

Laura Buono Town Administrator, Hillsborough

Butch Burbank Town Manager, Lincoln

David Caron Town Administrator, Derry

Conservation Commission, Holderness

Shelagh Connelly

Phil D’Avanza Planning Board, Goffstown

M. Chris Dwyer Councilor, Portsmouth

Jeanie Forrester Selectman, Meredith

Stephen Fournier Town Administrator, Newmarket

Elizabeth Fox Asst. City Manager, HR Director, Keene

Katie Gargano Clerk/Tax Collector, Franklin

Christopher Herbert Alderman, Manchester

Bill Herman Town Administrator, Auburn

Neil Irvine Selectman, New Hampton

Harold Lynde Selectman, Pelham

Scott Myers City Manager, Laconia

Donna Nashawaty Town Manager, Sunapee

David Stack Town Manager, Bow

Eric Stohl Selectman, Columbia

David Swenson Selectman, New Durham

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

A Message from the

NHMA

Executive Director Margaret M.L.Byrnes

A

s September begins, we wish we could say the legislative session is truly over. However, as of this writing, the State is operating under a continuing resolution due to the budget veto (HB 1 and HB 2). We are hopeful to see a compromise so that a budget can be adopted soon—one that includes the $40 million in municipal aid currently in the vetoed budget—and one that is adopted in time for the tax-rate setting process this fall so that local government and taxpayers are not affected by a delay. Other important legislation is in limbo, too: the net metering bill and transportation improvement fee bills (both local options), passed both the House and Senate, but then suffered a veto. Both bills can be revived by a veto override.

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www.nhmunicipal.org

But there has also been some very positive legislation this year—and some of it as a result of collaboration and compromise. Of particular note, the issues surrounding town meeting and town/city election postponement have been resolved through SB 104, which allows towns, cities, school districts, and village districts to postpone any session of the meeting or election, subject to particular protocols dealing with deadlines, absentee voting, notice requirements, and more. Even the SB 2 form of government saw a positive change, as HB 415 now requires the question of whether to adopt SB 2 to be voted on at the business session, as opposed to the official ballot with the election of officers, allowing for discussion and debate prior to this important vote to change the form of town government. SB 103 will also make it possible for political subdivisions working together in an intergovernmental agreement under RSA 53-A to jointly acquire bonds to fund joint projects. We think this is a significant step in the right direction of encouraging more collaboration among municipalities to fund services and projects for the benefit of their citizens.

Working together in local government is important—and often difficult. Whether you’re working with another municipality or your local school district, or working with members of your board or commission, progress requires collaboration, communication, and, often, compromise. We have all seen a breakdown in communication and collaborative spirit in all levels of government—and that’s why our Annual Conference theme this year is “Working Better Together.� Our Keynote speaker, Jim Hunt, will kick things off by drawing on his many years of experience as a local official and as past president of the National League of Cities.

And, as always, our Annual Conference will feature more than 50 educational sessions, a huge Exhibit Hall, and time for networking and talking with other local officials Warmest regards, from around the State. Look for our Annual Conference spread in this issue of Town & City, and register on our newlyMargaret M argaret M.L. Byrnes, renovated website, at www.nhNHMA Executive Director municipal.org. We hope to see you in November!

SEPTEMBER/OCTOBER 2019

3

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

HAPPENINGS NHOSI Kicks Off US Census Complete Count Committee

Noah Hodgetts, Assistant Planner with NHOSI, meets municipal officials and other stakeholders at the New Hampshire Complete Count Committee Kickoff Meeting held at NHMA offices in June.

The New Hampshire Office of Strategic Initiatives (NHOSI) held a kickoff meeting on June 20, 2019 at NHMA offices to about 30 municipal officials. Lisa Moore, Assistant Regional Census Manager, outlined the benefits of a complete count and encouraged members to spread the word about the importance of the 2020 Census.

Municipal members were encouraged to become a 2020 Census Partner since these officials are the trusted voices in their cities and towns they serve. Members were encouraged to host a workshop, provide information to stakeholders about the importance and benefits of participating in the 2020 Census, and share this link (2020census.gov/jobs) with people in your community to work for the Census Bureau.

If you have any questions, please contact the New York regional center via phone at 212.882.2130 or by email, New. York.rcc.partnership@2020census. gov. For the latest updates on the 2020 Census, visit www.2020census.gov.

www.nhmunicipal.org

New Hampshire Public Works Memorial Now Open!

Visit the Memorial in front of the NHDOT building at 7 Hazen Drive, Concord, New Hampshire 03301

According to the website (https://www.nh.gov/dot/org/operations/highwaymaintenance/memorial.htm) for the Memorial to Public Workers, this memorial was built to recognize “Our public works employees (who) are on call 24 hours a day, 7 days a week, for 365 days a year. They work quietly and tirelessly whenever they are needed. Their work is dangerous and their service often goes unrecognized. This Memorial is dedicated to the Public Works employees who have died while performing public duties for the people of New Hampshire.�

It has been nearly nine years since then Governor John Lynch signed into law HB 608, establishing a committee to oversee the design and construction of a public works employee memorial for employees who died in the course of performing public duties.

Public works has an extensive history in the State of New Hampshire. In the rapidly changing late 19th century, the Manchester street commission worked with horses and carriages to improve infrastructure. Since then, New Hampshire has seen many changes, but public works employees continue to dedicate their service despite inherent risks.

On June 15, 2009, Governor Lynch signed into law RSA 4:9 establishing a committee to oversee the design, construction, and maintenance of a memorial for public works employees who have died performing duties on behalf of a municipality, a county, or the state.

In 2010, high school seniors and college students were invited to submit designs for the memorial. The design of Kelsie Lee, from Colby Sawyer College, was selected in early 2011 and Landscape Architect Cheri Ruane prepared de-

SEPTEMBER/OCTOBER 2019

5

HAPPENINGS from page 5 tailed drawings. The memorial was dedicated and opened to the public on the grounds of the New Hampshire Department of Transportation Building at 7 Hazen Drive in Concord on Wednesday, June 5, 2019.

The Memorial to Public Works Employees Committee needs your help with “perpetual maintenance” to keep it standing tall for years to come. Taxdeductible donations may be sent to the Public Works Memorial Fund, c/o Dave Rodrigue, Commissioner’s Office, New Hampshire Department of Transportation, PO Box 483, Concord NH 03302-0483.

hands-on training with the associated financial system and tools. The program is geared toward entry or mid-level accounting personnel in government The Certificate Program costs $350.00. If interested in an application or more details, contact Executive Director Tammy St. Gelais of the New Hampshire Municipal Bond Bank or email info.nhgfoa@gmail.com.

NHMA’s Byrnes Recognized

by New Hampshire Fire Chiefs!

NHGFOA Now Offers Certificate Program for Entry or Mid-Level Accounting Personnel

Hard Road to Travel 201

SNHPC’s Deputy Director Nate Miller and NHMA’s Legal Services Counsel Stephen Buckley discussing the mechanics of highway funding in New Hampshire.

In June, Southern New Hampshire Planning Commission (SNHPC), Deputy Executive Director Nate Miller and NHMA’s Stephen Buckley provided a thorough review of the process and design of the Ten Year Plan, as well as funding mechanisms such as the State Highway Block Grant, Bridge Aid, the Gas Tax (a/k/a the “Road Toll”), CMAQ (Congestion Mitigation Air Quality). Over fifty attendees gained a broader understanding of opportunities for municipal officials to influence state funding decisions, make direct grant applications, or otherwise benefit local roadways.

Tackling PFAS Impacts on Municipalities NHMA’s Government Affairs Advisor Barbara Reid providing instruction to the first class of the New Hampshire Government Accounting Certificate Program.

Based on a growing need for individuals with specialized competencies in government accounting, the New Hampshire Government Finance Officers Association has developed a Government Accounting Certificate Program. This certificate program seeks to develop the knowledge, skills, and abilities of financial personnel working in municipal government.

The nine-session program combines theory and the best practices used in government accounting, including 6

NHMA’s Executive Director Margaret Byrnes received special recognition (see award pictured above) at the June meeting of the New Hampshire Association of Fire Chiefs (NHAFC). Robert Buxton, NHAFC President and Fire Chief in Hudson, presented the award to Byrnes in recognition of the recent collaboration between the NHMA and the NHAFC. In keeping with our Annual Conference theme this year, Working Better Together, NHMA looks forward to building stronger partnerships with the fire chiefs as well as our other affiliate members.

NEW HAMPSHIRE TOWN AND CITY

Environmental consultants, Mike Metcalf (standing), and President Keith Pratt (seated) of Underwood Engineers present to municipal members regarding their PFAS remedial work in the Town of Merrimack.

NHMA would like to extend our sincere thanks to our experts at our July 22nd event titled, Tackling PFAS Imwww.nhmunicipal.org

pacts on Municipal Infrastructure. Approximately 50 members heard from three experts on this new regulatory requirement. The first was an update from New Hampshire Department of Environmental Services (NHDES’s) Waste Division Director, Mike Wimsatt, who reviewed final rules to establish Maximum Contaminant Levels (MCLs)/drinking water standards and Ambient Groundwater Quality Standards (AGQS) for four per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), perfluorononanoic acid (PFNA) and perfluorohexanesulfonic acid (PFHxS) to ensure greater protection of public health related to the consumption of drinking water.

Members next heard from Keith A. Pratt, PE, President, and Michael B. Metcalf, PE, Senior Project Manager, of Underwood Engineers, an environ-

www.nhmunicipal.org

mental consulting firm based in Portsmouth and Concord. Underwood reviewed current and future remedial action plans of the Merrimack Village District (MVD) regarding PFAS contamination. Keith and Mike discussed their design experience, how municipalities should begin to plan for PFAS treatment, the current technologies to treat PFAS contamination, and funding sources being utilized in MVD’s system improvements which are available to other municipal entities.

With an eye toward future challenges, Attorney Robert Cheney of Sheehan Phinney encouraged members to look beyond the drinking water standards.

Attorney Cheney reviewed potential federal action designating some PFAS compounds as “hazardous substances” under CERCLA and what that may mean for those managing PFAS impacted soils today. Cheney also discussed New Hampshire regula-

tory and liability issues associated with use and disposal of soils and biosolids containing PFAS, as well as “next generation” PFAS issues that will emerge when New Hampshire adopts surface water quality standards for PFAS in the future.

2019 Municipal Trustees Spring Training Workshops

Terry Knowles, Assistant Director of Charitable Trusts Unit in the New Hampshire Department of Justice, speaks to municipal trustees at the Medallion Opera House in Gorham.

In an effort to provide annual training opportunities to municipal trust-

SEPTEMBER/OCTOBER 2019

7

with the New Hampshire Department of Revenue Administration discussed the responsibility for the custody of municipal money placed into trusts and capital reserve funds, and the different rules that apply to both.

HAPPENINGS from page 7 ees, specifically Cemetery, Library and Trustees of the Trust Funds, NHMA held two “spring� training workshops, both in June, one at NHMA offices and one at the Medallion Opera House in Gorham.

NHMA would like to express our sincere gratitude to our expert presenters and for the generous support of our sponsors for their contributions to these spring training workshops.

City of Concord’s Main Street Project Recognized by Plan NH

Back by popular demand was Terry Knowles, a recognized state expert on municipal trusts. Terry explained the duties, responsibilities and reporting requirements of trustees and how to interact with other municipal officials.

Sponsored by Charter Trust Company and Bearing Point Wealth Partners, with program support from the New Hampshire Public Deposit Investment Pool (NHPDIP) and TD Bank, attendees also received presentations from other experts, including a review of governance issues and the Right-to-Know law from NHMA attorneys Stephen Buckley and Natch Greyes. David Salzer (Principal, Axiomatic) explained the electronic reporting portal specifically designed for Trustees of the Trust Fund for filing MS-9 and MS-10 forms. Lastly, Jamie Dow, Municipal Accounts Auditor

A bird’s eye view of the City of Concord’s North Main Street which received recent recognition from Plan NH for its “smart growth� design.

At its annual Awards evening, held this year on June 20 at the Capital Commons building in Concord, Plan NH revealed this year’s Merit Award projects. The projects were selected from a field of nominations by a jury of diverse professionals within the planning, design and development industries.

SAVE these DATES! WEDNESDAY, NOVEMBER 13, 2019 THURSDAY, NOVEMBER 14, 2019

DoubleTree by Hilton

Manchester

Manchester Downtown Hotel

78TH Annual Conference and Exposition The New Hampshire Municipal Association’s 78th Annual Conference and Exposition is an opportunity for elected and appointed municipal officials and staff to enhance leadership skills, learn from municipal experts, share ideas with peers, discuss strategies, and hear and learn about the latest in products and services designed for municipal governments.

REGISTRATION TO OPEN IN SEPTEMBER

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QUESTIONS? Call 800.852.3358, ext. 3350 or email NHMAregistrations@nhmunicipal.org.

8

NEW HAMPSHIRE TOWN AND CITY

The Merit Awards program recognizes outstanding building projects that embody Smart Growth principles, Social Responsibility and/or outstanding cooperation or collaboration. These projects also demonstrate how what we build, where we build and how can have an influence on the health and vibrancy of a community.

The reconstruction of Concord’s North and South Main Streets has transformed the character and appeal of downtown.

Sidewalks are now 45% of street space, and, counterintuitively, parking was reduced from 31% to 16% of the roadway. In addition, space for travel lanes was reduced from 46% to 27% of the overall design, while space for bicycles was increased www.nhmunicipal.org

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WƌĞƐĞŶƚĞĚ LJ͗ ĂƌďĂƌĂ ZĞŝĚ͕ E,D 'ŽǀĞƌŶŵĞŶƚ &ŝŶĂŶĐĞ ĚǀŝƐŽƌ

&RVW LV and includes continental breakfast, lunch, and a copy of NHMA’s 2017 edition (with 2019 supplement) of The Basic Law of Budgeting: A Guide for Towns, Village Districts, and School Districts.

Questions? Call 800.852.3358, ext. 3350, or email NHMAregistrations@nhmunicipal.org

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HAPPENINGS from page 8 from 0% to 12%. At times, pedestrian counts are more than double what they were before the re-build. And there are virtually no empty storefronts. It’s a vibrant “outdoor room” in front of New Hampshire’s Capitol building.

Other award recipients included the Bradley Commons project in Dover, the Gilford Village Knolls II development in Gilford, and the Concord City-Wide Community Center at the former Dame School in Concord.

Plan NH is an independent organization with a mission to “foster excellence in planning, design and development of New Hampshire’s built environment.” Through workshops, newsletters and more, Plan NH raises awareness of the impact of the built environment and community design on the health and vibrancy of towns and neighborhoods. The organization shares information about ideas and trends and techniques with planning, design and building professionals, as well as with Granite State communities themselves. For more information about Plan NH and its programs, go to www.plannh.org.

NHOSI Recognizes City of Rochester at Planning and Zoning Conference The City of Rochester was recognized in June at the New Hampshire Office of Strategic Initiatives (NHOSI) Planning and Zoning conference. Five awards were given at the annual conference to recognize those that have attended the most OSI Planning and Zoning conferences, in recognition of the 25th year of the conference’s existence. Since the City of Rochester has sent more representatives than any other city or town in the state to OSI Planning and Zoning conferences over the past 25 years, 10

Rochester officials were presented with a special certificate.

“This conference is always a great opportunity to think deeply and hear from other stakeholders about current zoning challenges, concerns and goals in our region, and as a result the city of Rochester has attended this event time and time again,” City Manager Blaine Cox said. “It was wonderful for the city’s continued investment in planning and zoning to be recognized, and we look forward to continuing to attend future conferences as well.”

Agritourism: Building Connection Between Farmers, Customers and Communities

tourist-oriented directional and attraction signs, promoting agriculture events and goods in New Hampshire and beyond, working with local government to support farms, and reducing liability risk when visitors come to farms.

Registration starts at noon. New Hampshire Commissioner of Agriculture Shawn Jasper will kick off the conference with a presentation about what is and what is not considered agritourism.

Registration is $30 per person by October 28 and after that date it will be $35 per person. Afternoon refreshments are included in the registration. Registration is now open; see the conference details at http://bit. ly/2019Agritourism. For more details, contact Nada Haddad, UNH Extension Food and Agriculture Field Specialist, at nada.haddad@unh.edu or 603-679-5616.

The 11th Annual New Hampshire Direct Marketing Conference will be held on Monday, November 4, 2019 from noon – 5:30 p.m. at the Portsmouth Country Club, 80 Country Club Lane in Greenland.

A slate of speakers will cover creating

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Upcoming

Events

For more information or to register for an event, visit our online Calendar of Events at www.nhmunicipal.org. If you have any questions, please contact us at nhmaregistrations@nhmunicipal.org or 800.852.3358, ext. 3350.

SEPTEMBER Labor Day (NHMA Offices Closed) Monday, September 2 NHMA Webinar: The Workings of a Planning Board Wednesday, September 4 12:00 pm – 1:00 pm 2019 Budget and Finance Workshop Wednesday, September 18 9:00 am – 4:00 pm Derryfield Banquet Facility, Manchester 2019 Budget and Finance Workshop Thursday, September 26 9:00 am – 4:00 pm Mt. Club on Loon, Lincoln

OCTOBER Local Road Regulation & Enforcement: A New Hard Road to Travel Workshop Friday, October 4 9:00 am – 12:30 pm NHMA Offices, 25 Triangle Park Dr, Concord NHMA/OSI Fall 2019 Land Use Conference Saturday, October 5 9:00 am – 3:00 pm Holiday Inn, Concord

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Columbus Day (NHMA Offices Closed) Monday, October 14 NHMA Webinar: Using The Attorney General’s Polling Place Checklist to Run a Better Election Wednesday, October 16 12:00 pm – 1:00 pm

NOVEMBER NHMA’s 78th Annual Conference & Exhibition Wednesday, November 13 9:00 am – 4:30 pm Doubletree by Hilton Manchester Downtown Hotel, Manchester NHMA’s 78th Annual Conference & Exhibition Thursday, November 14 9:00 am – 4:30 pm Doubletree by Hilton Manchester Downtown Hotel, Manchester Thanksgiving Day (NHMA Offices Closed) Thursday, November 28 Day After Thanksgiving (NHMA Offices Closed) Friday, November 29

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The New Hampshire Office of Strategic Initiatives – Planning Division: Where We Came From and What We Do

by Michael Klass

A

s many of you already know, the Planning Division of the Office of Strategic Initiatives (OSI) provides varied planning-related assistance and resources to local land use boards and citizens across all of New Hampshire. However, it may surprise some to learn that planning at the state level officially began more than 85 years ago when the State Planning Board was created in 1933. Here’s a quick history of planning at the state level, followed by a reminder of some of the resources that the OSI Planning Division provides today.

The State Planning Board (1933 – 1935)

At its inception in 1933, the State Planning Board was the first such board in the nation. Originally comprised of seven private citizens and six state officials, it was tasked with bringing together various state agencies and to provide a central medium for cooperation between state departments and between various federal, local, and private stakeholders for improved development of the state. These core functions remain alive and well today in OSI’s current roles and responsibilities.

The State Planning and Development Commission (1935 – 1961) In 1935, the State Planning Board was merged together with the State Development Commission into a new body known as the State Planning and Development Commission, consisting of five members appointed by the Governor.

In part, the purpose of the State Planning and Development Commission was to: 12

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• Prepare a comprehensive plan for the orderly development of the resources of the state, including agriculture, industry, and recreation; • Foster city, town, village, and regional planning; • Encourage coordinated planning by agencies of the state government; and • Represent the state in national and interstate regional planning undertakings.

Interestingly, the Commission divided the state into six regions, formed by grouping towns together based on similar geographic and economic characteristics. While these regions pre-dated the Regional Planning Commissions as we know them now, their creation highlights the historic importance of intrastate dialogue in New Hampshire planning and community development.

Department of Resources and Economic Development (Early 1960s) The Commission was abolished in 1961 with all its powers and duties being transferred for a short time to the Department of Resources and Economic Development (DRED).

Fun Fact: For a short time under Governor Walter Peterson (1969-1973), OSP was renamed to the Office of Comprehensive Planning.

After 1973, the agency name reverted back to the Office of State Planning.

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Office of State Planning (1960s – 2003) During the term of Governor John King, in the mid- to late-1960s, DRED’s planning division became an independent department answerable to the Governor and known as the Office of State Planning (OSP). Mary Louise Hancock served as the OSP director from 1960 to 1976 and was the first woman in America to serve as State Planning Director. State planning staff increased to address the full range of community and state planning issues, including supporting Regional Planning Commissions.

During the early 1980s, a time of fiscal constraint reduced funding to OSP and a smaller staff was only able to provide basic services despite substantial need for planning assistance and coordination. That changed later in the decade and staffing peaked in the late-1990s with 36 planning staff and 7 support positions.

In 2003, OSP experienced significant programmatic changes. In 2003, the Governor’s Office of Energy and Community Services was eliminated and its programs were transferred to other agencies with a majority going to OSP. At the same, various federal programs administered by OSP were also moved to other state agencies including the Community Development Block Grant program, which was transferred to the Community Development Finance Authority. OSP was then renamed the Office of State Planning and Energy Programs.

Office of Energy and Planning (2004 – 2017) In 2004, the Office of State Planning www.nhmunicipal.org

OSI can serve as a valuable resource for planning-related information.

OSI operates the following programs, with just some of our specific services identified below. and Energy Programs was renamed the Office of Energy and Planning. 2004 legislation transferred the state coastal zone management program and the estuaries project to the Department of Environmental Services. Also in 2004, OEP officially became the state’s coordinating agency for the National Flood Insurance Program. Following the 2003/2004 reorganization, seven planning staff remained where once more than forty had been just five years prior. OEP planning staff continued to provide assistance and resources for its remaining programs, which included the municipal and regional assistance, state data center, geographic information systems, floodplain management, and conservation land stewardship.

Municipal and Regional Planning Assistance • Provides technical assistance to state and municipal officials, local board members, and members of the public on land use development and municipal planning matters. This includes publishing annual updates to OSI’s Planning Board and Zoning Board of Adjustment handbooks.

Floodplain Management Program • Serves as the state coordinating agency for FEMA’s National Flood Insurance Program (NFIP) and provides technical assistance related to floodplain regulations,

Office of Strategic Initiatives (2017 – Today)

It’s what’s underneath that counts In 2017, the Office of Energy and Planning was formally renamed and the Office of Strategic Initiatives came into existence. Other than the name change, OSI’s Planning Division continues to provide the same services and resources that were available when the office was known as OEP. Please remember that OSI is here for you. Whether you are a municipal or elected official, a local land use board member, or a member of the public,

wastewater, water, stormwater roads, solid waste, planning design, construction services funding, municipal services

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its legal obligations to permanently protect these conservation resources.

WHAT WE DO from page 13 floodplain mapping, and flood insurance.

• Conducts floodplain management-related outreach, workshops, and trainings throughout the state to various stakeholders and provides information and updates through its quarterly newsletter, Flood Lines.

Conservation Land Stewardship (CLS) Program • Monitors and stewards conservation easements acquired through the Land Conservation Investment Program (LCIP), and additional easements in collaboration with other state agencies, to ensure that the State is meeting

State Data Center • Conducts annual municipal building permit and group quarter surveys for use in the annual population estimates and housing supply report. Using such data, conducts the annual calculation of population estimates at the state, county and local level.

• Assists in the dissemination, promotion, and interpretation of information and data produced by the U.S. Census Bureau including information about the 2020 census to state, regional and local governments, and to the general public.

Geographic Information Systems (GIS) • Maintains and updates GIS data layers, including a recreation dataset, water access datasets, telecommunications facilities, and political districts, including city ward boundaries.

For more information, please peruse our website here: https://www.nh.gov/ osi/planning/index.htm. And always feel free to call or email us with questions.

Michael Klass is Principal Planner with the New Hampshire Office of Strategic Initiatives (NHOSI). Michael can be reached by phone at 603.271.6651 or by email michael.klass@osi.nh.gov.

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NEW HAMPSHIRE TOWN AND CITY

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The State of Local Land Use Regulations in New Hampshire

By Noah Hodgetts

R

SA 675:9 establishes the New Hampshire Office of Strategic Initiatives (OSI) as the state repository for all local land use regulations and documents including master plans, zoning ordinances, historic district ordinances, capital improvement plans, building codes, subdivision regulations, historic district regulations, and site plan review regulations. RSA 675:9, which has been in effect since 1983, also authorizes OSI to conduct an annual survey of all municipalities in order to collect information pertaining to new and/or amended land use ordinances. This article seeks to highlight the results of the 2018 survey, which was completed by all 234 municipalities as well as nine village districts with zoning authority and Coos County which has zoning authority over 23 unincorporated places in the North Country. In addition, this article contains data on zoning amendment updates submitted by 76 communities after their 2019 Annual Town Meetings.

The survey includes those municipalities that lack traditional zoning ordinances, as several have other types of land use regulations including residential subdivision regulations, non-residential site plan review regulations, a wireless telecommunications ordinance, sign regulations, and/or a drinking water protection ordinance. Several of the municipalities that lack traditional zoning ordinances are also participating communities in the National Flood Insurance Program and have separate floodplain development ordinances, which are tracked by our office’s State Floodplain Management Program separate from this survey.

Local Land Use Boards While 19 communities, located primarily in Grafton and Coos County, do not have traditional zoning ordinances, only two communities at the far northern tip of the state, Pittsburg and Clarksville do not have a Planning Board established under RSA 673:1. Furthermore, eight communities that lack a traditional zoning ordinance have a Zoning Board of Adjustment established under RSA 673:1 to adwww.nhmunicipal.org

minister appeals of other ordinances including floodplain development, telecommunications, and/or drinking water protection.

Workforce Housing Among New Hampshire’s 234 municipalities, 71 communities explicitly allow workforce housing, including 22 communities who have workforce housing multi-family overlay districts in accordance with the state’s workforce housing law, RSA 674:58-61. RSA 674:58-61, which has been in effect since 2010, requires any municipality which exercises the power to adopt land use ordinances and regulations to provide reasonable and realistic opportunities for the development of workforce housing including rental multi-family housing in their ordinances and regulations. The majority of the communities that have adopted workforce housing ordinances are located in Southern New Hampshire and on the Seacoast, where housing-cost pressures are the greatest.

However, only 49 of these communities have an inclusionary zoning clause in their workforce housing ordinance which allows a developer to construct units at a greater density than otherwise allowed in exchange for setting aside a set percentage of units (usually between 10% – 20%) as affordable. RSA 674:58 defines workforce housing as housing which is affordable (i.e. housing costs do not exceed 30% of a household’s gross annual income) to 3-person household’s earning at or below 60% of Area Median Income for rental units and 4-person households earning at or below 100% of Area Median Income for ownership units.

The Town of Amherst has one of the most unique inclusionary zoning ordinances, titled the Integrated Innovative Housing Ordinance, which was adopted at Town Meeting in 2015, and seeks to “provide for and facilitate alternative approaches to development as provided in RSA 674-21 while protecting and preserving the rural aesthetic the Town has consistently valued” (Town of Amherst Zoning Ordinance, Section 4.16, March 2019). The ordinance appears unique in SEPTEMBER/OCTOBER 2019

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LAND USE REGS from page 15 that it expressly tries to balance the diverse housing needs of the community with the rural nature of the community by providing density bonuses from 10%-30% not only for workforce housing as defined under RSA 674:58 and for seniors aged 55+ and 65+, but also for community space, open space, rental units, redevelopment of existing structures, and installation of public infrastructure.

At the same time, many of these same communities in Southern New Hampshire and the Seacoast also levy impact fees (86 communities) and/or have enacted growth management ordinances (25 communities). 80 communities also employ age-restricted housing regulations which typically limit residential development in certain areas to persons over age 55 or 62.

Age-Friendly Housing The Town of Chester adopted an Age-Friendly Subdivision Ordinance at Town Meeting in May 2019, in accordance with RSA 674:21 to accommodate persons of all ages. The Age-Friendly Ordinance seeks to, “provide an alternative to encourage builders to build the housing types that meet the needs of Chester’s citizens. These agefriendly neighborhoods are envisioned to consist of smaller, affordable, low-

maintenance homes for all people regardless of age, ability, or disability. Lots twelve acres or greater in size may be developed under this article, however, to prevent fundamentally altering the rural character of Chester and to ensure that age-friendly subdivisions blend with existing development, the number of units per subdivision will be limited and shall require the approval of a conditional use permit application by the Planning Board” (Town of Chester Zoning Ordinance, Article 7, May 14, 2019).

Accessory Dwelling Units Other noteworthy findings include that 194 communities have adopted a provision in their zoning ordinance regulating Accessory Dwelling Units (ADUs) since RSA 674:71-73 went into effect on June 1, 2017.

RSA 674:71-73 requires communities that have adopted a zoning ordinance to allow ADUs in single-family residential zoning districts as-of-right, by special exception, or conditional use-permit to encourage the development of additional housing on singlefamily house lots. However, of these 194 communities, 162 communities require the principal dwelling unit or the accessory dwelling unit to be owner-occupied and only 86 communities allow accessory dwelling units in structures which are detached from the principal dwelling unit. Half of the communities that regulate acces-

sory dwelling units permit them asof-right, while the other half requires obtaining a conditional use permit or special exception.

Open-Space Residential Cluster Developments 172 communities allow open-space residential cluster developments in accordance with RSA 674:21(I)(f ) where homes are usually spaced closer together than allowed through a traditional subdivision, in exchange for permanently protecting a percentage of open space. Open-space residential cluster developments typically require a minimum of 25-plus acres. 65 of these communities provide a density bonus for developments that conserve more than the minimum required amount of open space.

The Town of East Kingston has gone a step further and provides on top of a 5% open space bonus, a 2.5% public access bonus, a 5% agriculture land protection bonus, and an “Innovative Protection Bonus” of 2.5% for cluster developments which protect viewsheds, historically significant buildings and landscapes, valuable wildlife and environmental areas, or parcels/trail corridors linking open space through the site with existing trails or open space networks (Town of East Kingston Zoning Ordinance, Article XI – Section F, March 16, 2017).

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NEW HAMPSHIRE TOWN AND CITY

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Final Thoughts A few final notable observations from the 2018 survey include: • Aside from use-based zoning, the most prevalent planning and development technique which communities in New Hampshire utilize is the regulation of signs.

215 out of 225 zoning jurisdictions have adopted some form of sign ordinance regulating type, size, lighting, content, etc.

on reported survey results, communities across the Granite State are increasingly utilizing innovative planning and zoning approaches to meet their communities’ current needs, while planning for a future in which the population continues to age and young families flourish, housing grows scarcer, the effects of climate change worsen, and development pressures build, requiring a rebalancing of the natural and built environments.

quantifiable performance based standards in their zoning ordinance, a flexible alternative to traditional use-based zoning which typically regulates site standards such as appearance in terms of maintaining community character, blocking of scenic views and intensity of use such as noise, light, odors, air quality, shadows, etc. Performance based standards have most commonly been adopted for the regulation of telecommunications towers/equipment and wind energy systems.

• 35 communities have adopted master plan updates since the beginning of 2018 with an increasing number adopting master plan chapters which deviate from the master plan chapters enumerated in RSA 674:2. Such new emerging master plan topics include public health, agriculture, climate change, and the arts.

• Six communities including Dover, Enfield, Lancaster, Milford, Portsmouth, and Stratham have gone a step further and created formbased codes for some or all of their community, which regulate the character and physical form of an area rather than specific uses.

• 160 communities have developed

As this article demonstrates, based

The complete results and full analysis of the 2018 Municipal Land Use Regulation survey are available at https:// www.nh.gov/osi/planning/services/ mrpa/land-use-survey.htm.

Noah Hodgetts is Assistant Planner with the New Hampshire Office of Strategic Initiatives (NHOSI). Noah can be reached by phone at 603.271.2157 or by email noah.hodgetts@osi.nh.gov.

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Is New Hampshire Ready for Complete Streets?

by Stephanie N. Verdile

T

hose of us in the planning world, at some point in the last few years, may have heard of the phrase “Complete Streets Program.” Your reaction could have been, “That’s too complicated or expensive for New Hampshire communities,” or, “Sounds great, but that’s for major metropolitan areas, where will that work in rural New Hampshire?” Well, the reality is Complete Streets have arrived in New Hampshire with several communities having already implemented Complete Street design techniques and a few more in the planning stages of creating a Complete Street network between communities. As the Complete Streets program becomes better known, hopefully more New Hampshire communities and state agencies will begin utilizing its design standards in their regulations so the program can continue to expand throughout the state.

Let’s look at what the Complete Streets Program is all about and where it comes from.

Complete Streets is a nationwide program that is part of the Smart Growth America Coalition. Smart Growth is an urban planning and transportation theory that concentrates growth in compact walkable urban centers to avoid sprawl. It also advocates compact, transit-oriented, walkable, bicycle-friendly land uses, including neighborhood schools, complete streets, and mixed use development with a range of housing choices. The goal of Complete Streets is to integrate people and safety into the planning, design, construction, operation, and maintenance of our transportation networks. This helps to ensure that streets are safe for people of all ages and abilities, helps balance the needs of different transportation modes, and supports local land uses, economies, cultures, and natural environments.

The decision to utilize Complete Streets can be based on an individual community’s needs to address a broad range of safety and access issues such as: sidewalks, bicycle lanes, bus lanes, pedestrian crossings, transportation stops, median islands, curb extensions, traffic calming, and landscaping features. The safety features of Complete Streets designs 18

NEW HAMPSHIRE TOWN AND CITY

are based on separating the types of transportation so they can function independently from other modes of transportation and yet still remain as part of the same transportation system. This is achieved by creating separate bicycle, automobile, and bus lanes; creating pedestrian islands, safe access for walking and crossing the street, and include landscaping and traffic calming features.

The numerous benefits of a Complete Streets program include: safety, environmental, health, and increases in economic development and business activities. People are more apt to walk, bicycle, take public transportation for work, to shop, and dine out when there is safe, accessible transportation for them. Walking and riding bicycles to work and utilizing public transportation have obvious environmental and health benefits, but what may not be an obvious benefit are the economic benefits to communities with Complete Streets programs.

According to the City of Concord’s Department of Development, before the city reconstructed Main Street by utilizing Complete Streets design standards, their commercial vacancy rate for downtown ground floor space was 10.9 percent.

After construction was completed, the commercial vacancy rate for downtown ground floor space went down to 5.5 percent and 13 new businesses opened during construction.

Photo courtesy of the American Heart Association and Voices for Healthy Kids

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Downtown Concord before the transformation into Complete Streets design. Photo courtesy of McFarland Johnson, Downton Complete Street Design, Concord NH, mjinc.com

Downton Concord after the Complete Streets construction. Photo courtesy of McFarland Johnson, Downton Complete Street Design, Concord NH, mjinc.com

Another benefit of Complete Streets is that it is not a “one size fits all” program. It can be easily tailored to any size community. Some examples of communities in New Hampshire that are in the process of or have already adopted and implemented Complete Streets policies are: Concord, Portsmouth, Keene, Dover, Nashua, Littleton, Swanzey, and Jaffrey.

through their Transportation Advisory Committee to incorporate Complete Streets design standards within other state or federal grant application programs like Safe Routes to School , Better Utilizing Investments to Leverage Development Transportation Discretionary Grants program, and the State Transportation Improvement Program.

You may be wondering, “How do we start the process of utilizing a Complete Streets program?” One option for communities would be to contact their Regional Planning Commissions (RPC) for technical assistance. Each RPC is well versed and experienced in transportation issues and trends within their regions and are quite adept at identifying individual transportation and safety needs of their member communities. The Southwest Regional Planning Commission so far has nine (9) communities within their region that have incorporated Complete Streets programs.

Communities can utilize Complete Streets policies either within their land use regulations or through adoption by the governing body. They can also consider utilizing Complete Streets standards as part of their Capital Improvements Program for roads, sidewalks, and other safety and access improvements as well as request that the NHDOT incorporate Complete Streets design standards when any type of road or sidewalk project is about to begin in their community. Even when repaving a town or state road, Complete Streets design standards can be incorporated.

The Strafford Regional Planning Commission is currently working with NH Department of Transportation (NHDOT) and the cities of Dover, Rochester, and Somersworth on a “Complete Street 108” corridor study. This study will incorporate Complete Streets design standards to address public transportation access and safety issues along the route. Communities can also work with their RPC

Changing our minds and regulations toward adopting Complete Streets policies and practices will be beneficial for the overall health, safety, environment, and economy for New Hampshire residents, visitors, and our communities.

Photo courtesy of Hunterdon Transportation, Hunterdon County, NJ www.

GoHunterdon.org. This picture shows how delineating a bike lane can provide a travel lane for bicyclists.

www.nhmunicipal.org

For more information and resources, please visit NH OSI’s Complete Streets web page at https://www.nh.gov/osi/resource-library/transportation/index.htm. https://www.transportation.gov/mission/health/completestreets https://smartgrowthamerica.org/program/national-complete-streets-coalition/ https://www.108tricitycompletestreets.com/index.htm http://www.nharpc.org/ https://www.healnh.org/index.php/newsroom/news/594-amove-toward-complete-streets-in-nh Stephanie N. Verdile is a Principal Planner with the New Hampshire Office of Strategic Initiatives. Stephanie can be reached by phone at 603.271.1765 or by email at stephanie. verdile@osi.nh.gov.

SEPTEMBER/OCTOBER 2019

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PLETE STREETS from page 19

The New Hampshire Flood Hazards Handbook for Municipal Officials: A New Resource to Help Your Community Prepare for, Respond to, and Recover from Floods

by Samara Ebinger

I

n New Hampshire, the most common and costly type of disaster we experience by far is flooding. Factor in the impacts of climate change that we are now beginning to see, including sea level rise and more extreme and unpredictable weather events, and it is clear: flood risk is a serious threat to the wellbeing of our communities that must be faced and effectively managed.

Floods can impact many aspects of a community – its residents, businesses, and infrastructure, its municipal staff ’s duties and work load, its desirability as a place to live, work, and visit, and its overall economic and social health. Taking steps to manage flood risk can mean reducing potential: • • • • • •

loss of human life property damage environmental damage displacement of residents disruption of businesses burden on community infrastructure, services and staff.

How does a community successfully manage flood risk? Its existing resources – i.e., staff, plans and preparations, regulations and compliance procedures, and equipment and supplies serve as the first line of defense in keeping people, property, and infrastructure safe from floods. However, guidance and other forms of assistance are also available from federal and state agencies that can bolster a community’s resources as needed.

This September the New Hampshire Silver Jackets Team (see box), a state-led group that brings together state and federal agencies to focus on flood risk management issues that affect local communities, will release the Flood Hazards Handbook for Municipal Officials. This new guide was developed as a resource to help communities prepare for, respond to, and recover from floods. It also includes 20

NEW HAMPSHIRE TOWN AND CITY

Flooding at North and West Shore Roads, Hebron (Photo courtesy of NHDOT).

guidance on ways to reduce (or mitigate) flood risk to lessen impacts from future events.

The Flood Hazards Handbook was designed to be used by municipal officials in “peace time” before a flood threat and also during and after a flood event. It provides guidance and best practices, and information about available federal and state resources, organized into situation-specific sections: Before the Flood, During the Flood, and After the Flood (Short Term Recovery and Long Term Recovery Considerations).

Topics covered in the handbook include, but are not limited to, the following: • Identifying local flood risks, including added risk factors such as dams, ice jams, and climate change • Planning activities to increase preparedness and reduce flood risk • FEMA hazard mitigation assistance grants • Data sources that can help communities improve their flood awareness • Evacuation and sheltering guidance • Post-disaster cleanup, debris removal, and permitting www.nhmunicipal.org

Download the New Hampshire Flood Hazards Handbook: The Flood Hazards Handbook will be available for download through the New Hampshire Silver Jackets Team website (https://silverjackets.nfrmp.us/State-Teams/New-Hampshire) this September.

The cover of the NH Flood Hazards Handbook.

• Post-flood requirements for communities that participate in the National Flood Insurance Program • FEMA post-disaster assistance and other potential sources of assistance for communities, businesses, and residents • Flood mitigation resources for communities and residents to increase resilience to future floods • Public outreach guidance, including key topics to communicate to residents before, during, and after a flood.

Also included with the handbook are the Flood Response and Recovery Checklist which can be used by municipal officials to identify and manage priority activities when a flood event does happen and an Agency Contact List for more information about specific topics covered.

Unfortunately, when it comes to flooding, there will always be a “next time.” However, through careful planning and by taking other proactive steps, flood risk can be effectively managed to keep your community safe and secure. Download a copy of the Flood Hazards Handbook today and learn how it can help your community work towards a more floodresilient future.

To learn more about the New Hampshire Silver Jackets team including information about other recent team www.nhmunicipal.org

Get the Latest Floodplain Management News in New Hampshire: The New Hampshire Office of Strategic Initiatives’s quarterly Flood Lines newsletter provides the latest information about flood risk management and the National Flood Insurance Program within the state. To sign up for the newsletter, contact Samara Ebinger at samara.ebinger@osi.nh.gov or 603-271-1755.

What is the New Hampshire Silver Jackets Team?

The New Hampshire Silver Jackets, a state-led team formed in 2015, brings together state and federal agencies to focus on flood risk management issues that affect local communities. The team includes representatives from over 15 agencies and programs, including state agencies such as the Department of Environmental Services, Homeland Security & Emergency Management, Fish & Game Department, and Office of Strategic Initiatives, and federal agencies such as the U.S. Army Corps of Engineers, New England District; Federal Emergency Management Agency, Region 1 office; and the National Weather Service, Gray, Maine office. Team goals include: • Advising and assisting New Hampshire communities in their efforts to become more resilient and less vulnerable to flood hazards.

• Increasing public awareness and understanding of flood risk and mitigation through the sharing and delivery of resources to New Hampshire communities.

• Assisting with the prioritization of risk management tasks during flood events.

projects, visit their website at https:// silverjackets.nfrmp.us/State-Teams/ New-Hampshire, or contact Jennifer Gilbert, Senior Planner at the New Hampshire Office of Strategic Initiatives and New Hampshire Silver Jackets team Co-Vice Chair at jennifer.

gilbert@osi.nh.gov.

Samara Ebinger is Principal Planner with the New Hampshire Office of Strategic Initiatives. Samara can be reached by phone at 603.271.1755 or by email at samara.ebinger@osi.nh.gov.

SEPTEMBER/OCTOBER 2019

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When is a House a Hotel?

by Natch Greyes, Muncipal Services Counsel

L

ocal officials charged with drafting and enforcing zoning ordinances have a tough job.

Statutes such as RSA 672:1 charge them with weighing the need for “a balanced supply of housing which is affordable to persons and families of low and moderate income” against the need to encourage economic and population growth through partnerships with the state and private enterprise to promote tourism, including agritourism. One of the major flashpoints in recent years has been short-term rentals, particularly those combined with accessory dwelling units (ADUs).

It’s no secret that New Hampshire has been suffering from a lack of housing inventory both for buyers and renters. Reports from the New Hampshire Housing Finance Authority (NHHFA) have been negative for years. For example, in June 2018, the NHHFA summarized current market conditions as among the most challenging that buyers and renters in New Hampshire have seen. Reports indicate that this housing shortage is having a direct impact on employers ability to expand as they wrestle with their inability to attract and retain employees.

In the middle of this decade, attention started to be focused on ADUs as a potential solution to New Hampshire’s housing issue. Advocacy groups such as AARP and housing advocates such as NHHFA promoted ADUs as a way for multi-generational families, 22

the elderly, recent graduates, singleparent households, and employers to find (or construct) affordable housing that meet their unique needs.

Municipalities were not provided any guidance from the legislature until the 2016 – 2017 legislative session.

During those years, the legislature enacted RSA 674:72 - :73, pertaining to ADUs. Together, those statutes require municipalities to allow one attached ADU per single-family dwelling but afford municipalities the authority to regulate (within limits) the building requirements of ADUs and prohibit, if they choose, detached and multi-unit ADUs. Coinciding with the interest in ADUs has been a rise in availability of shortterm rentals through online portals such as Airbnb and HomeAway. It is estimated that more than 30% of the U.S. consumer lodging market is dominated by those two companies, with revenues for both exceeding wellknown hotel chain such as IHG, and Airbnb’s revenues exceeding that of Hilton. That translates to well-over a million stays a night through those companies, many occurring in formerly private residences or long-term rentals.

Nationwide studies have demonstrated that, despite a marked increase in interest in short-term, non-hotel rentals, prices have remained in line with overall inflation, suggesting that supply is keeping up with demand

NEW HAMPSHIRE TOWN AND CITY

but, at the same time, no corresponding increase in construction has been seen. Instead, those studies have found that the prices of long-term housing are rising faster than overall inflation, suggesting a shortage of long-term housing. In other words, as more units become available as short-term rentals, fewer potential housing units are available to long-term renters or owner-occupiers, exacerbating the existing housing shortage.

In New Hampshire, local officials and local legislative bodies are on the front lines when it comes to designing and enforcing zoning ordinances which balance the requirement for a balanced supply of housing against the utilization of that housing as short-term rentals. RSA 674:16.

Much of the discussion thus far has focused on use of ADUs as short-term rentals. While ADUs were a common feature in single-family homes in the early 20th Century, post-WWII suburbanization and the deployment of “Euclidean” zoning resulted in them becoming far less prevalent. It was not until 2017 that many municipalities even had regulations in their zoning ordinances pertaining to ADUs. Still, the courts have had occasion to define “accessory use” as “one which is dependent on or pertaining to the permitted principal use, i.e. a subordinate use of the property occasioned by the main use, and an incident of it, rather than a principal use of itself.” Becker www.nhmunicipal.org

v. Town of Hampton Falls, 117 N.H. 437 (1977) (quotations and citations omitted). As applied to an ADU that means a secondary dwelling unit on the same property.

Yet, local officials are not only faced with secondary – or accessory – dwelling units being offered as short-term rentals. They are also faced with primary dwelling units – houses – being offered as short-term rentals. The challenge local officials face is how to classify these different classes of shortterm rentals. There, RSA 155-A:1 - :2, which states that all buildings, building components, and structures constructed in New Hampshire must comply with the state building code a.k.a. the 2009 International Building Code (at the time of this writing) provides some assistance. The Building Code distinguishes between residential occupancies containing sleeping units where the occupants are primarily transient in nature and those where the occupants are primarily permanent in nature. § 310.1. “Transient in nature” is defined as “occupancy of a dwelling unit or sleeping unit for not more than 30 days.” § 310.2.

While these definitions are important, they are not controlling. Local officials can create their own definitions as part of the zoning ordinance, and that definition will determine whether short-term rentals are prohibited or restricted in each zone type.

A zoning ordinance adopted under RSA 674:16, may regulate the use of buildings for any purpose. It states that a zoning ordinance “shall be designed to regulate and restrict . . .the location and use of buildings, structures and land used for business, industrial, residential, or other purposes.”

Although various statutes and court decisions impose limits on municipal authority to regulate property uses through zoning, there is nothing that prohibits regulation of short-term www.nhmunicipal.org

rentals through the zoning ordinances.

The same cannot be said of housing codes. RSA 48-A:2 was enacted in 2017 for the purpose of preventing municipalities from using their housing codes to restrict short-term rentals. It states, “[t]he power conferred by this section shall not be used to impose any additional ordinances, codes, bylaws, licenses, certificates, or other restrictions on dwellings used as a vacation rental or short-term rental.”

The original language of the bill, 2017’s HB 654, would have limited the ability of municipalities to regulate short-term rentals through their zoning ordinances, but that language was rejected in favor of the provisions that merely restrict the use of housing codes to regulate short-term rentals.

Therefore, local officials concerned with whether a house is, functionally, a hotel should review their current zoning ordinances to determine how the definitions contained therein pertain to short-term rentals and what regulations also apply to those rentals.

It is important to note that the planning board will have an important role in reviewing the existing ordinance and determining whether it regulates short-term rentals. The board should ask itself whether the ordinance is permissive or prohibitory. A permissive ordinance is defined as one that prohibits all uses that are not expressly permitted in the ordinance. If a particular use is not mentioned in the ordinance, it is not allowed in the municipality, unless it can be deemed an accessory use to a permitted use. An accessory use is one which is subordinate or incidental to the permitted use. Marchand v. Town of Hudson, 147 N.H. 380 (2001) (defining what is not an accessory use). In contrast, a prohibitory ordinance permits all uses that are not expressly prohibited.

The determination of whether an ordinance is permissive or prohibitory is important for its application of defini-

tions to short-term rentals. The term “short-term rental” will, most likely, not be defined by existing zoning ordinances – unless those regulations were recently updated – but other terms, such as hotel or bed and breakfast may encompass short-term rentals, depending on how those terms are defined, especially if those terms are defined broadly and reflect the International Building Code’s split between transitory and permanent dwellings.

Those zoning ordinances with broad definitions for “hotel” may very well now lump some houses into that category.

Municipalities looking to clarify their zoning ordinances to regulate or not regulate short-term rentals should ensure that their definitions section clearly defines each relevant term and that all restrictions, prohibitions, or permissions are stated clearly. Municipal counsel should review these sections with an eye towards clarity and enforceability. And, most importantly, municipalities must plan to enforce these sections, especially if they are looking to restrict some uses. In addition, municipalities which permit short-term rentals should remember that those rentals are subject to site plan review under RSA 674:43.

Natch Greyes is Municipal Services Counsel with the New Hampshire Municipal Association. Natch may be contacted at 603.224.7447 or at legalinquiries@nhmunicipal.org.

SEPTEMBER/OCTOBER 2019

23

NHMAÂśs 78th Annu

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NEW HAMPSHIRE TOWN AND CITY

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vember 13 and Thursday, November 14, 2019 owntown Manchester Hotel (formerly Radisson), Manchester

g Better Together CHECK OUT OUR KEYNOTE SPEAKER: -,0 +817

ould you like for your city to be AMAZING? Nationally recognized Author and Speaker, Jim unt, will provide a roadmap of proven techniques to energize and revitalize your city. Big small, rich or poor, urban or rural, you will discover an exciting future for your city. It·s MAZING! Join Jim at 9:00 am on Wednesday, November 13th as he gives this keynote adess. m is the author of The Amazing City-7 Steps to Creating an Amazing City, a best-selling ook that is being used by thousands of city officials, as a guide to creating positive change their communities. Jim is quoted regularly in national media on issues in local governent and has appeared on C-Span, National Public Radio, USA Today and other national edia outlets.

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SEPTEMBER/OCTOBER 2019

25

Bills That Are Not Going Away

by Cordell A. Johnston

A

lthough the House and Senate held their last meetings of the regular 2019 session in late June, it is not the end of legislative activity for the year.

Retained and Re-referred Bills. The House and Senate this year retained or re-referred 231 bills -- 157 retained bills in the House and 74 re-referred bills in the Senate, all of which must receive a committee recommendation by late this calendar year (November 14 for retained bills, December 19 for re-referred bills).

According to A Guide to Legislative Advocacy for Local Officials, prepared

by NHMA, by definition, a “retained bill” is a bill that remains in the House committee to which it was referred for further work during the first year of the biennium. It must be reported out for a vote by the full House in the first few session days of the second year of the biennium.

A “re-referred bill” is a bill that remains in the Senate committee to which it was referred for further work during the first year of the biennium. It also must be reported out for a vote by the full Senate in the first few session days of the second year of the biennium.

A few committees had meetings in June to discuss retained bills, but most will not do so until September or later.

(There usually is minimal or no legis-

26

lative activity in July and August.) As NHMA does not publish the Legislative Bulletin in the summer and fall, please check the House and Senate calendars regularly for committee activity on any retained or re-referred bills of interest.

Every retained or re-referred bill will ultimately get a committee recommendation of Ought to Pass (or Ought to Pass with Amendment), Inexpedient to Legislate, or Refer for Interim Study.

Those recommendations will go to the full House or Senate, as the case may be, at their first session in January, and each bill will proceed from there in the same manner as other bills.

Below, listed by committee, are some of the bills that may be of interest to our municipal members. NHMA will follow all of these bills (and others) and will, as time permits, notify local officials who we know are interested when the bills are scheduled for committee work: House Municipal and County Government Committee HB 102, relative to municipal ordinances regarding the use of plastics.

HB 143, relative to incompatibility of offices.

HB 311, regulating sober living facilities.

HB 559, enabling municipalities to ban single-use sources of plastic pollution.

HB 655, regulating disorderly houses.

NEW HAMPSHIRE TOWN AND CITY

House Election Law Committee HB 408-LOCAL, relative to postponement of town meetings and local elections. (This bill will likely be recommended as Inexpedient to Legislate, as it covers the same subject matter that was in SB 104, which both houses passed.

Still, we will pay attention.)

HB 431, relative to election officers at additional polling places.

HB 554, relative to the duty of the moderator to verify the device count.

HB 666, relative to recounts in elections.

SB 283-FN, relative to post-election audits of electronic ballot counting devices.

House Environment and Agriculture Committee HB 501-FN, establishing a cost of care fund to assist municipalities caring for animals during animal cruelty cases.

SB 79, relative to required reporting on waste reduction.

House Judiciary Committee HB 661, relative to a cause of action for toxin exposure.

House Public Works and Highways Committee HB 478-FN-A, establishing a road usage fee and making an appropriation therefor.

HB 538-FN-A-LOCAL, increasing the road toll and providing funding for state road and bridge projects.

www.nhmunicipal.org

House Resources, Recreation and Development Committee HB 683-FN, relative to the rights of property owners abutting certain highways and rail trails.

Senate Commerce Committee HB 253, relative to criminal records checks in the employee application process.

Senate Election Law and Municipal Affairs Committee HB 130, relative to property tax relief for totally and permanently disabled veterans.

HB 303, relative to certification of building code compliance inspectors.

HB 556, allowing municipalities to process absentee ballots prior to election day.

SB 23, relative to a town establishing a minimum age to purchase a product.

SB 46, relative to qualifications of the inspectors of election.

www.nhmunicipal.org

SB 69, relative to short-term rentals.

NHMA Policy.

SB 152, relative to third-party inspections conducted pursuant to a planning board approval.

SB 157, making undeclared voters eligible to be inspectors.

SB 158, relative to town and city membership in a nonprofit, nonpartisan organization and prohibiting recipients of municipal or county funds from using such funds for lobbying.

SB 229, relative to audit recounts.

Senate Energy and Natural Resources Committee HB 707, relative to settlement money from actions pertaining to the contamination of groundwater or drinking water.

Senate Executive Departments and Administration Committee SB 113, relative to municipal authority regarding the state building code.

Senate Judiciary Committee.

HB 153, relative to circumstances under which police officer disciplinary records shall be public documents.

HB 481, relative to the legalization and regulation of cannabis and making appropriations therefor.

Study Committees and Commissions. Retained and re-referred bills will not be the only legislative activity between now and next January. The legislature also created about 50 study committees and commissions that will begin work in the late summer or early fall.

In legislative language, the difference between a study committee and a study commission is not merely one of personal preference in word choice. A study committee consists solely of legislators—typically one or two senators and three to five representatives—although it can solicit information and

SEPTEMBER/OCTOBER 2019

27

BILLS from page 25 testimony from non-legislators. A study commission includes a few legislators and some number of non-legislators representing parties that have an interest in the subject matter. A study committee is almost always required to file its final report by November 1 of the same year. A study commission may have a longer term.

Below is a list of the bills creating study committees and commissions that are most likely to be of interest to municipal officials. All of these bills have passed both houses, and although not all have been signed into law yet, a veto of a study committee or commission is a rare thing, so all of these are likely to be created.

HB 128, establishing a committee to study veterans’ property tax credits and exemptions.

HB 312, establishing a committee to study tiny houses.

HB 429, establishing a committee to study ways to improve civic engagement in New Hampshire.

HB 495, establishing a commission on drinking water.

HB 539, establishing a committee to study the implementation of Accessible Ballots.

HB 617, establishing a committee to study recycling streams and solid waste management in New Hampshire.

HB 737, establishing a commission to investigate and analyze the environmental and public health impacts relating to releases of perfluorinated chemicals in the air, soil, and groundwater in Merrimack, Bedford and Litchfield.

SB 74, establishing a committee to study the economic impact of land conservation and to review the land and community heritage investment program (LCHIP) surcharge.

SB 97, establishing a committee to study providing certain health care services while ensuring increased access to affordable health care in rural areas of the state.

SB 154, establishing a committee to study tax incentives for promoting development of dense workforce housing in community centers.

SB 43, establishing a commission to study barriers to increased land development in New Hampshire.

SB 59, establishing the commission to study the incidence of post-traumatic stress disorder in first responders.

The 2020 session. It may seem too early to begin thinking about legislation for next year. It’s not. In fact, if you wait a few months, it will be too late. The House amended its rules to adopt deadlines for filing legislation for next year. There will be just one period this year for filing legislative service requests (unlike election years, when there is one period after the state primary and one period after the general election). The filing period opens on September 4 and ends on September 20. The Senate usually has later filing deadline dates.

Local officials who are thinking about proposing legislation for next year should talk to their representatives and/or senator soon. And please let us know about anything you are proposing, so we can work together as appropriate, or at least not work at cross purposes.

Government Banking

Cordell A. Johnston is Government Affairs Counsel for the New Hampshire Municipal Association. Cordell may be reached at 800.852.3358 or at governmentaffairs@nhmunicipal.org.

Barbara Raths, CTP Sr. Government Banking Officer, SVP 1750 Elm Street, Manchester 603-621-5801 | barbara.raths@peoples.com ©2018 People’s United Bank, N.A. | Member FDIC |

28

Equal Housing Lender

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

UP CLOSE & In the Field

PERSONAL

W

elcome to Up Close and Personal – In the Field, a regular column in New Hampshire Town and City dedicated to giving readers a closer look at staff from New Hampshire municipalities. In this issue, we hope you enjoy meeting Laura Gandia, Associate Planner, Town of Londonderry.

TC: What are your duties and responsibilities as associate planner?

LG: As associate planner, I am tasked with the management of numerous boards and commissions, meeting deadlines and adhering to various statutory requirements. I provide support and assistance to board members, the public and various professionals. I assist in the review of subdivision and site plans for the Planning Board for regulatory compliance, process and review all zoning applications, and am the Staff liaison for the Zoning Board of Adjustment and the Heritage Commission.

TC: What is your biggest challenge in performing your duties?

LG: The biggest challenge is making sure that the public understand the processes and framework in which the town and the land use boards govern and operate including the statutory parameters, the site and subdivision regulations, and the applicability of zoning code.

Laura Gandia

Do you know someone who deserves to be profiled in a future edition of New Hampshire Town and City magazine?

If so, please contact the New Hampshire Municipal Association at 800.852.3358 ext. 3408 or tfortier@nhmunicipal.org.

www.nhmunicipal.org

TC: How has NHMA helped you to do your job?

LG: NHMA proves to be a valuable resource in so many ways. NHMA is one of my go-to places for questions and information. The training, publications, and information, the annual conference, the legislative updates, and the website help me navigate the complexities of land use and government operations. NHMA offers workshops and webinars that benefit land use volunteers and town staff. NHMA representatives serve as a sounding board to almost any question and offer assistance on a daily basis.

TC: Give us an example of a problem you solved or a dilemma you faced and overcame in the line of duty?

LG: The Town’s of Londonderry’s growth management ordinance sunsetted in 2015 and many residents expressed concern over the proper management of growth in Town and what options were available to help effectively manage growth. The Town along with the Planning & Economic Development Department under the direction of the Town Planner, Colleen Mailloux, AICP, proactively scheduled a series of informal informational workshops along with a question and answer session for the public to meet and engage with Town staff and other residents for fruitful dialogue. Useful information regarding regional trends and management tools and strategies were also discussed leading to a clearer understanding of where the residents see and want to see their Town in years to come and a pathway of progress for the future.

TC: What is the public perception about your job and how does it differ from the reality of your job?

LG: Site and subdivision regulations, zoning ordinances and statutory guidelines govern the processing of applications sometimes with little to no flexibility on part of staff. Sometimes, the public find these confines frustrating and believe that town staff can quickly change them which is not the case.

TC: What lessons about human nature have you learned in your role?

LG: My role as an associate planner confirmed that treating each person with respect and kindness wins the day. Town government and its processes can be overwhelming and unfamiliar to most people. Giving each person proper time while educating them on the process is invaluable and provides for a harmonious working relationship with the public and municipalities.

TC: What advice would you give someone who would like to follow in your footsteps into this job?

LG: Become involved in town government on multiple levels, be attuned to the world around you, entrust yourself with a mindset that lets you analyze situations from different perspectives, develop positive interpersonal dynamics with all those you come into contact with – all of these will serve as keys to your sucess resulting in a positive outcome for all and providing a positive and collaborative working relationship with the public.

SEPTEMBER/OCTOBER 2019

29

MUNICIPAL FINANCE SOFTWARE DESIGNED SPECIFICIALLY FOR

NEW HAMPSHIRE MUNICIPALITIES

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Contact Us Today For An In-Person Demo!

www.nhmunicipal.org

UP CLOSE & In the Field

PERSONAL

W

elcome to Up Close and Personal – In the Field, a regular column in New Hampshire Town and City dedicated to giving readers a closer look at staff from New Hampshire municipalities. In this issue, we hope you enjoy meeting Matthew Scruton, Town Administrator in the Town of Greenland.

TC: What are your duties and responsibilities as Town Administrator?

MS: As Town Administrator, I work with a team of professionals at the Greenland Town Hall and supervise the administrative functions of the Town’s municipal operations under the direction of the Board of Selectmen. I advise the Board on town related issues and help with the budgeting process and a wide variety of other matters. Every day is unique and different.

TC: What is your biggest challenge in performing your duties?

MS: An important part of my role is to ensure that the needs of the community are being met and that everyone’s voice is heard. The town budget, projects, policies and priorities should all align with the goals and objectives of the community.

TC: How has NHMA helped you to do your job?

MS: I have served as an elected official at the state and local level and currently serve as a Town Administrator. NHMA has always been there to offer professional guidance and provide me with the support I need to effectively serve. I know they are only a phone call away, should I have any questions or concerns.

Matthew Scruton

TC: Give us an example of a problem you solved or a dilemma you faced and overcame in the line of duty?

MS: To improve transparency and openness, we recently began live streaming Board of Selectmen meetings on the internet. In addition, we actively use social media and our webpage to help keep the community informed and to allow for more participation.

TC: What is the public perception about your job and how does it differ from the reality of your job?

MS: While some may question if public service is enjoyable, I genuinely enjoy serving as a Town Administrator and working with the Board of Selectmen, town employees, volunteers and the community. It is rewarding to work in a town that values community and works together to make the town a better place to live and work in.

TC: Has your public position changed you personally?

MS: My interest in serving the community is what first led me into public service shortly after graduating high school. My life experiences, personal faith, values and family have all helped shape who I am today. I have a positive outlook on life and my public service is a way that I can use my education and life experiences to help others.

Do you know someone who deserves to be profiled in a future edition of New Hampshire Town and City magazine?

If so, please contact the New Hampshire Municipal Association at 800.852.3358 ext. 3408 or tfortier@nhmunicipal.org.

www.nhmunicipal.org

TC: What advice would you give someone who would like to follow in your footsteps into this job?

MS: I would encourage people to consider serving in municipal government if they have a desire to serve others and support the needs and goals of the community. Continuing education and training are essential, take advantage of the excellent programs the NHMA offers. One of the best way to learn about government is to be involved and become active in the community you live in.

Consider running for office or find other ways to volunteer and be involved. Never be afraid to ask questions or to take positions on issues but remain flexible and willing to change as needed.

Be assertive, but kind. Learn from someone you know and respect. My father, John Scruton, has been a great friend and mentor to me over the years and I’ve learned more from his experiences, knowledge and insights than I have from any other source. He has set a great example for me to follow on how to be an effective leader that serves with integrity and a genuine concern for others.

TC: Anything else you would like to discuss about your job?

MS: I appreciate the trust and confidence the Board of Selectmen have placed in me to help them serve the needs of the town. I enjoy my role as Town Administrator here in Greenland and helping the community and Board accomplish their goals. This town has a very dedicated and accomplished team of staff, volunteers and board members that work hard to bring forth positive change.

SEPTEMBER/OCTOBER 2019

31

The

HR

REPORT

RSA 159:26 Re-Revisited: New Superior Court Opinion Finds that Public Employer May, Through Employment Contract, Prohibit Employees from Possessing Firearms in the Workplace

By Mark T. Broth and Matthew C. Decker SA 159:26, enacted in 2011, stripped local governments of their ability to regulate firearms in their communities, and gave exclusive regulatory authority to the Legislature.1 Previous articles in this space 2 have discussed whether the statute prevents local governments, acting in their capacity as employers, from adopting workplace rules and policies that prohibit public employees from possessing firearms at work. While the question still has not been answered directly, a recent Superior Court decision strongly suggests that the statute was not intended to interfere with a local government’s ability to regulate employee conduct.

R

his will and that RSA 159:26 pre-empted the MHRA’s ability to regulate firearms.

In Brendan O’Connor v. Manchester Housing and Redevelopment Authority (MHRA), the plaintiff, a former MHRA employee, was fired when, in violation of both MHRA policy and a collective bargaining agreement (CBA), he brought handguns and live ammunition onto MHRA property. The CBA provided that:

Upon finding that it lacked jurisdiction, the court could have holstered its pen and declined to reach the RSA 159:26 issue. Instead, the court took aim at the firearm regulation issue and ruled that RSA 159:26 did not nullify the CBA’s prohibition of employee possession of firearms. The court found that a CBA is a form of employment contract, and that employment contracts are not “an ordinance or regulation” within the meaning of RSA 159:26. As the statute only limits the ability of local government to adopt rules of general application, the CBA’s prohibition of employee possession of firearms was enforceable.

No employee of the MHRA is authorized to carry or otherwise possess on his or her person, MHRA premises or vehicles, a firearm, or other deadly weapon while the employee is employed during regular working hours of the MHRA….

Violation of this section shall constitute just cause for dismissal of the employee.

The local union filed a grievance on the employee’s behalf, but later decided not to take the case to arbitration. In his lawsuit, the plaintiff alleged, in part, that the MHRA policy and CBA language were both preempted by RSA 159:26.

The MHRA moved to dismiss the complaint on the grounds that 1) the court lacked subject matter jurisdiction as the plaintiff had not exhausted his administrative remedies (the grievance process); and 2) the plaintiff ’s conduct was grounds for termination under the CBA. The plaintiff countered that the grievance had been withdrawn against 32

NEW HAMPSHIRE TOWN AND CITY

In a decision issued on June 17, 2019, the Superior Court agreed that it lacked jurisdiction to hear the case, as the plaintiff failed to exhaust his administrative remedies under the CBA grievance procedure. (The court’s analysis on this point — where the union withdrew the grievance over the employee’s objection and effectively prevented him from pursuing his administrative remedy — will be the subject of an upcoming column.)

This decision is extremely helpful for those employers who, like the MHRA, expressly incorporate some or all of their code of workplace conduct into a CBA, including restrictions on possession of firearms. But many CBAs do not contain similar language; instead, the code of conduct is contained in a personnel manual, departmental operating procedures, or administrative codes separate from any CBA. Should the O’Connor decision give those employers confidence that their firearms policies, not incorporated into a CBA, may yet be enforced?

We believe that the answer is yes. In its 1988 decision in www.nhmunicipal.org

Panto v. Moore Business Forms, which was authored by then Justice David Souter, the New Hampshire Supreme Court held that employee personnel handbooks and manuals were forms of unilateral contracts—essentially, “take it or leave it” offers of employment, with the employee having little or no negotiating power. The Court held that if an employee accepted employment subject to the policies and promises set forth in a manual or handbook, then the relationship between the employer and employee was contractual in nature, even if the contract is for “at will” employment.

contracts. Applying the O’Connor analysis in turn, those employment contracts are not ordinances or regulations of general application, and are therefore outside the prohibition of RSA 159:26.

Employers of unionized employees have the right to adopt workplace policies not inconsistent with a CBA. Employers can also adopt work policies for their non-union employees.

Applying the Panto analysis, those policies would likely be considered to be a form of unilateral employment

This is not a legal document nor is it intended to serve as legal advice or a legal opinion. Drummond Woodsum & MacMahon, P.A. makes no representations that this is a complete or final description or procedure that would ensure legal compliance and does not intend that the reader should rely on it as such.

Mark Broth is a member of DrummondWoodsum’s Labor and Employment Group. His practice focuses on the representation of private and public employers in all aspects of the employeremployee relationship. Matthew Decker is a member of the firm’s Municipal Law Group representing clients in a wide range of municipal law matters.

“Copyright 2019 Drummond Woodsum.

These materials may not be reproduced without prior written permission.”

1

RSA 159:26 provides that: [N]o ordinance or regulation of a political subdivision may regulate the sale, purchase, ownership, use possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state.

(Emphasis added.)

2

See e.g., https://www.nhmunicipal.org/ TownAndCity/Article/519 and https:// www.nhmunicipal.org/TownAndCity/ Article/680

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SEPTEMBER/OCTOBER 2019

33

Legal

Q and A What Municipalities Need to Know About “Workforce Housing”

By Natch Greyes, Muncipal Services Counsel

I

t’s no secret that New Hampshire has long suffered from a lack of housing inventory. The issue was first broached in 1991 when the New Hampshire Supreme Court ruled in Britton v. Town of Chester, 134 N.H. 434, that every municipality has an obligation to provide for its “fair share” of a region’s current and prospective need for affordable, workforce housing.

In the intervening decades, the legislature has attempted to clarify the Court’s decision and provide guidance to municipalities about how to meet their obligations to provide affordable, workforce housing. As data from the New Hampshire Housing Finance Authority (NHHFA) continues to demonstrate the challenges in finding workforce housing and as businesses report that a workforce shortage continues to hamper the New Hampshire economy, new attention has been brought on the legal requirements of a municipality’s obligation to provide for its “fair share” of a region’s current and prospective need for affordable, workforce housing.

Q. What is meant by the term “workforce housing”?

A. RSA 674:58, IV defines the term “workforce housing” under two different categories: housing for sale and housing for rent. Housing for sale qualifies as “workforce housing” if it is “affordable to a household with an income of no more than 100 percent of the median income for a 4-person household for the metropolitan area or county in which the housing is located as published annually by the United States Department of Housing and Urban Development.”

Rentals, in contrast, qualify as “workforce housing” if they are “affordable to a household with an income of no more than 60 percent of the median income for a 3-person house-

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NEW HAMPSHIRE TOWN AND CITY

hold for the metropolitan area or county in which the housing is located as published annually by the United States Department of Housing and Urban Development.”

There are several exclusions contained within these definitions. Housing developments which contain restrictions excluding minors from more than 20 percent of the units – think senior-only housing – or in which more than 50 percent of the dwelling units have fewer than two bedrooms – think apartments designed for singles or couples – do not constitute workforce housing.

Q. How does a municipality know how much workforce housing it is obligated to provide?

A. The New Hampshire Supreme Court left that answer up to the legislature in Britton. In 2008, after several studies and attempts at coming to a compromise, the legislature passed RSA 674:59. That statute states that municipalities which adopt zoning ordinances must “provide reasonable and realistic opportunities for the development of workforce housing, including rental multi-family housing.” Municipalities must also “allow workforce housing to be located in a majority, but not necessarily all, of the land area that is zoned to permit residential uses within the municipality.”

In other words, there is no state-mandated definition of how much workforce housing a municipality must allow to be developed, but it must adopt rules which do not prohibit the development of workforce housing in a majority of its residential zones. Further a municipality may not adopt “voluntary inclusionary zoning provisions that rely on inducements that render workforce housing developments economically unviable.” RSA 674:59.

www.nhmunicipal.org

Q. “Reasonable and realistic opportunities for the development of workforce housing”? What does that mean?

A. RSA 674:58 defines the term “reasonable and realistic opportunities for the development of workforce housing” as “opportunities to develop economically viable workforce housing within the framework of a municipality’s ordinances and regulations adopted pursuant to this chapter and consistent with RSA 672:1, III-e.”

RSA 672:1, III-e states that local regulations shall not prohibit or unreasonably discourage the establishment of housing which is decent, safe, sanitary and affordable to low and moderate income persons and families.

In other words, municipalities must

www.nhmunicipal.org

“make feasible” the development of workforce housing within the majority of its residential zones consistent with RSA 674:59 in order to meet their obligation to provide “reasonable and realistic opportunities for the development of workforce housing.”

Q. Are there any special rules for developers who want to build “workforce housing” which would put a municipality on notice that “workforce housing” is being developed?

A. There are special rules which developers may – but do not have to – follow in order to put a municipality on notice that the developer is working on a workforce housing project.

RSA 674:60 - :61 spell out those rules and the implications that they have for the development process.

In short, if the developer files a written statement of intent that the development is to be “workforce housing” as part of the application, the developer receives different appeal rights - detailed in RSA 674:61 - than in the ordinary course of development. Those rights include a direct appeal to the Superior Court with special rules on how the court should evaluate the proposal.

In addition, if the planning board approves the application subject to conditions, it must give the developer an opportunity to establish the cost of complying with the conditions and restrictions and the effect of compliance on the economic viability of the proposed development. There is then a process to ensure that those conditions do not eliminate the economic viability of such a project.

SEPTEMBER/OCTOBER 2019

35

LEGAL Q&A from page 35 Q. What assurances do municipalities have that new developments created as “workforce housing” will stay “workforce housing”?

A. Under RSA 674:60, IV, a municipality may require that a developer record restrictive covenants which

limit the ability of the development to be sold or rented to a household which exceeds the income limitations in the definition of “workforce housing” under RSA 674:58, IV. Those covenants are in force for the term specified in the zoning regulations and the municipality has the authority to adopt regulations to ensure compliance with those covenants. Those regulations may allow either the municipality or

a third party to require the production of annual income verification for renters and non-owner occupiers.

Natch Greyes is Municipal Services Counsel with the New Hampshire Municipal Association. He may be contacted at 603.224.7447 or at legalinquiries@ nhmunicipal.org.

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Attention Code Personnel!

Free State Fire Code Training Classes Class Description: The Governor and Legislature have approved a change to the definition of the State Fire Code as defined in RSA 153:1. This change adopts the 2015 edition of the National Fire Protection Association Fire Code, also known as NFPA 1, 2015.

Due to these recent legislative changes, the National Fire Protection Association, the New Hampshire State Fire Marshal, the New Hampshire Municipal Association, and Primex3 are co-hosting these free educational classes. These classes are taught by experienced National Fire Protection Agency (NFPA) instructors who will cover the major changes to NFPA 1 and NFPA 101, from the 2009 edition to the 2015 editions.

All classes are free and attendees will receive a complimentary book. Space is limited. Pre-registration

NH Fire and EMS Academy Smokey Bear Boulevard, Concord

Lafayette Regional School 149 Main St, Franconia

Tuesday, October 8 1800 to 2100 hours NFPA 1, 2015 edition

Wednesday, October 16 1800 to 2100 hours NFPA 1, 2015 edition

Thursday, October 10 1800 to 2100 hours NFPA 101, 2015 edition

Thursday, October 17 1800 to 2100 hours NFPA 101, 2015 edition

Friday, October 11 – )XOO GD\ ZRUNVKRS 0900 to 1200 hours NPFA 1, 2015 edition; and 1300 to 1600 hours NFPA 101, 2015 edition

Space is limited. Pre-registration is required.

For details, go to www.nhmunicipal.org under Calendar of Events

Registration Deadline is September 24th. www.nhmunicipal.org

SEPTEMBER/OCTOBER 2019

37

Court

Update

By Stephen C. Buckley, Legal Services Counsel and Natch Greyes, Municipal Services Counsel

Now available online: June

United States Supreme Court Comments on How the First Amendment Applies to Governmental Rules Iancu v. Brunetti, United States Supreme Court No. 18-302, 06/24/2019 Property Taking Claims No Longer Required to Prosecute State or Local Appeal Procedures Before Suing in Federal Court Knick v. Township of Scott United States Supreme Court, No. 17–647, 06/21/2019 Historical, Religiously Expressive Monuments May Be Maintained by Municipalities Without Violating the Establishment Clause American Legion v. American Humanist Association, United States Supreme Court No. 17-1716, 06/20/2019

?

?

NAME

THAT

TOWN OR

CITY

?

38

? ?

Name the city or town that houses Deephaven and Rockywold. One notable past resident is abolitionist and conductor on the “Underground Railroad”, Moses Cheney. A notable part time resident is George Butler, director of Pumping Iron and The Endurance.

According to the town’s website, Benning Wentworth granted the township in 1751 but the official charter from King George III is dated 1761. “New” was dropped from the name at the 1816 Town Meeting, and all was quiet until 1868 when a dispute over “gaslights and sidewalks” literally split the community. What is now the town of Ashland was formed around the thriving mills and railroad depot of the time, leaving the rest of this town to the farmers and fishermen.

When you have figured out the answer, email it to tfortier@nhmunicipal.org. The answer will appear in the November/December 2019 issue.

ANSWER TO PHOTO IN JULY/AUGUST 2019 ISSUE: The photo on page 39 in the last issue of New Hampshire Town and City magazine is of the town offices serving the Town of Antrim.

Thanks to all our members who responded with the correct response, including Sarah Downing (Walpole); Marshall Buttrick (Greenville); Ron Fontaine and Ashlee Crosby (Swanzey); Joe Guthrie (Hampstead); Scott Wiggin (Bedford); Diane Kendall (Deering); Laurie May (Rindge) and Bill Herman (Auburn).

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

— This Moment in NHMA History — 23 years ago….

Representatives of New Hampshire’s towns, cities and counties gathered at the Legislative Office Building in Concord for the first meeting of the Local Government Advisory Committee (LGAC) to be called by then-Governor Stephen Merrill. The LGAC was patterned after similar groups in over 20 states, including Maine and Massachusetts. It was designed to provide a regular forum to discuss and attempt to resolve State-local issues in a cooperative atmosphere.

An earthen-dam break sent damaging flood waters through the Town of Alton which left one woman dead and millions worth of property damage, including a building owned by the town, the contents of the building, and two town vehicles parked by the building. While this dam was privately-owned, many cities, towns and districts own dams of their own. In 1996, nearly 14%, or about 358 dams, were municipally-owned in New Hampshire.

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www.nhmunicipal.org

SEPTEMBER/OCTOBER 2019

39

A F F I L I AT E M E M B E R

Sp tlight

The Affiliate Spotlight is a column designed to give readers a closer look at affiliate groups of NHMA. There are over 30 such groups comprised primarily of municipal officials serving a particular position, such a city and town clerks, assessors, health officers, road agents, etc. In this issue, we introduce the New Hampshire Planners Association (NHPA).

TC: What is the mission and goals of the New Hampshire Planner’s Association?

NHPA: The New Hampshire Planner’s Association (NHPA) promotes, assists and supports the professional Planner in the goal of achieving planning excellence to improve the quality of life today and tomorrow in New Hampshire’s communities.

TC: What is your biggest challenge in performing your duties?

NHPA: NHPA’s biggest challenge is to ensure that municipalities and the State continue to manage and support smart growth. We understand services are lean in this low tax state.

We strive to make sure decisionmakers understand how land use affects the many factors of community success, including the transportation, housing availability, natural resource preservation and economic growth.

TC: How has NHMA helped you to do your job?

NHPA: NHMA is a huge resource most directly for legal and legislative assistance. Many of our members are from small towns that cannot afford a staff attorney. Part of our job is assisting volunteer boards, whether Planning Board, Zoning Board, Conservation Commission or Historic or Heritage Commissions interpreting state laws regarding their powers and applicable land use law. NHMA’s legal services is an invaluable resource for our volunteers and us as staff. NHMA’s legislative services also help to inform municipal staff and volunteer board members of changes to the state laws that inform their actions.

TC: What is the public perception about your job and how does it differ from the reality of your job?

NHPA: Often times when I tell folks that I am a Planner, they automatically think wedding or event planner. The amount of work and people behind “community growth” is often a new concept to people. Once you explain all of the work that goes into a new residential development or commercial marketplace, people are amazed!

40

NEW HAMPSHIRE TOWN AND CITY

TC: Has your job as a Planner changed the way you look at the role of government?

NHPA: The NHPA brings together Planning staff across the state often for case study seminars or trainings. One thing that is evident after years of putting these trainings together is that the needs and desires of our communities vary so much and its important to respect those differences. The needs of a larger community such as Nashua differ so greatly from the needs of a smaller rural community like Lee. It is a disservice to the residents to create a uniform code or apply a single planning practice to both scenarios. A good example of this is pedestrian facilities. We all agree that we should provide walkable spaces in our communities. But the elevated, curbed sidewalk you see in downtown Nashua will not work on Town Hall Road in Madbury. Road right-of-way, drainage and maintenance must be taken into account… Madbury doesn’t have catch basins and drainage pipes in town center. Nor should it. And so what you get is your classic city sidewalks in more urban areas and a series of trails and walking paths in more rural areas. Both perform the ultimate goal a planner is looking for but the design specifications are tailored for the specific community and its needs.

TC: What advice would you give someone who would like to follow in your footsteps as a Planner?

NHPA: The ability to help a community grow into what its residents desire is very fulfilling. The ability to make sure all voices are heard and the community is knowledgeable regarding smart growth practices and techniques is something that can leave a lasting mark in a community for centuries. To know Planners had a part in that is very gratifying. It’s a hard job, a stressful job, often an infuriating job but it is always worth it in the end when you see happy people and successful families enjoying a community.

TC: Do you dislike any aspects of your job? Which ones?

Why? NHPA: What Planners often find is that because of our lean government, our job has a very sharp dichotomy of helping and assisting residents in one aspect and enforcing zoning rules and regulations in the other. This is a difficult transition for folks that are often trained in the technicalities of urban design, transportation or economics.

www.nhmunicipal.org

A F F I L I AT E M E M B E R

Sp tlight

The Affiliate Spotlight is a new column designed to give readers a closer look at affiliate groups of NHMA. There are over 30 such groups comprised primarily of municipal officials serving a particular position, such a city and town clerks, assessors, health officers, road agents, etc. In this issue, we introduce the New Hampshire Association of Regional Planning Commissions (NHARPC).

TC: What is the mission/goals off thee New New w Hampshire Ham amps pshi ps h re Association of Regional Planning Co Commissions? ommi miss mi ssio ss ions io nss?

NHARPC: NHARPC’s mission iiss too provide provide a forum for orum for or coordination of regional planning initiatives inittiatives i on a statewide statew wide basis, and to disseminate information tion about abbou outt Regional Reegion Regi onal a PlanPllanning Commissions to other agencies encies es and and organizations. org rgan aniz an izatioons. iz NHARPC maintains strategic partnerships tnersh ships with sh w th statee agenwi aggencies, develops shared planning policies, liciess, and and d monitors mon onit nit itor ors planor pllanning related legislation on behalff of its its member memb me mber mb er Planning Plann ning Commissions and, by extension, thee member mem embber cities and em nd towns tow wns across New Hampshire.

TC: What are biggest challenges facing faccingg your your professional p ofeessio pr onal group today?

NHARPC: The nine New Hampshire pshir iree Re ir Regi Regional gion gi onal on al P Planning lann ning Commissions (RPCs) are faced with h increasing in ncr crea easi ea sing si n demand deman nd from frrom their member communities for technical chniccal planning plann nnin nn ingg expertise. in experttise. ex Our communities face development nt and nd eenvironmental nvir iron onme ment ntal t ch chalhallenges on a daily basis, and the RPCs PCss provide PC prov pr ovid ov idee not id not only only local loc ocal al support, but a regional perspectivee on issues iss ssuees including, in ncl clud udin ud ing, in g, but but not limited to: transportation; GIS/mapping; IS/ S/ma mapp ma ppin pp ng; land lan and d use; use; clicliimate and environment; housing; and economic development. nd eco conoomi co micc de deve velo ve l pm lo pmen ent. en TC: How has NHMA helped your our professional professionall group grou gr oup ou p to do your job?

www.nhmunicipal.org

NHARPC: The NHMA is a valuable partner in helping NHARPC achieve its mission. Not only does NHMA provide central meeting/convening space at its Concord headquarters, but it helps to disseminate work product of the RPCs through publication in Town and City magazine, and via webinars focusing on planning issues critical to our member communities. NHMA extends the reach of the RPCs by helping to promote prom pr omot om otee th ot thee Planning Plan Pl anni an ning ni ng P Principles ri of Livability, Mobility, Prosperity and Sustainability.

Sus ustaain us i ability.

TC: What Whaat at advice advic icce would d you give someone who would like to follow w in in your you ur professional professs footsteps?

NHARPC: NHARP PC Regio PC: Regional ioonal planning plan n is typically not a lucrative profession. However, that offers rich rewards in Howeveer, it is a profession p knowing you’ve played know owin ow ingg that you in u’ve playe ed a critical role helping to make New Hampshire Ha ampshire a better bettter place to live, work and recreate.

Given TC:: Give TC en the t e opportunity, th op pportun n what changes would you make tto o the he p profession? ro rofession? n?

NHARPC: NHAR A PC: Most Moost operating operatii revenue for an RPC comes from project-specific proj ojec ectt-sp spec ecificc work, work, as well w as from dues that member communities mu unities pay on on a per p r capita pe caap basis. A stronger level of State support supp su pporrt would pp wooul uld d allow allo al low w RPCs R C to broaden their work, and to be RP adequately adequa uate ua teely compensated com mpensat a ed for at f mandated activity such as reviewingg De Developments Deve v lopm pm men ents t of Regional Reggi gi Impacts.

TC:: An TC Anyt Anything ythi yt hing hi ng else els lsee you you would like to discuss about your affiliate af ffi f li liat atee gr at grou group oup ou p an and d it its ts re rel relationship l with NHMA? NHARPC: NHAR NH ARPC AR PC: NH PC NHAR NHARPC’s ARPC AR PC’s’s partnership with NHMA is long PC standing, stan ndi ding n , an and d ha hass gr grow grown own ow n ssteadily over time. We look forward to m many anyy mo an more re years yea e rs of of affiliation, affi af fi and to discovering new ways to collaborate. col ollaabo bora r te. After all,, we ra w both serve the towns and cities of New Ne w Hampshire!

Hamp Ha m shire!

SEPTEMBER/OCTOBER 2019

41

NEW HAMPSHIRE ASSOCIATION OF REGIONAL PLANNING COMMISSIONS

This segment is another in a series highlighting NHARPC’s efforts to provide education on planning-related topics.

42

Public Health Planning A Sign of the Times

By Tim Murphy

O

ver several decades, community planners have integrated an ever-expanding set of issues into their purview. From land use and environmental quality, water and wastewater, transportation, housing, energy, solid waste disposal, recreation, economic development, emergency preparedness – the list goes on. With time, as complexities emerge and additional challenges present themselves, professional planners are compelled to answer the call. A case in point is the response to changing demographics and climate change. Our population is aging – and rapidly so. At the same time, we see an increasing number of high-heat days per year, higher rates of vector borne disease, and more frequent and intense heavy weather events.

These and other dynamics have brought about greater attention to the ever-growing field of public health planning. This article focuses on several efforts undertaken by the Southwest Region Planning Commission (SWRPC; www.swrpc.org) which exemplify the trend in contributions municipal and regional planners in New Hampshire are providing to this emerging genre of community planning.

Partnership for Improving Community Health In 2014, Cheshire Medical Center, located in Keene, New Hampshire and serving 30+ communities in the Monadnock Region, took a leadership role in securing support from the national Centers for Disease Control and Prevention for undertaking the Partnership for Improving Community Health (PICH). This 3-year initiative included three areas of focus: access to healthy food, tobacco use reduction, and promoting active transportation. Several organizations were assembled to form the partnership and contribute to the various components of the overall effort. SWRPC was assigned the task of promoting active transportation and influence community design for the purpose

NEW HAMPSHIRE TOWN AND CITY

of providing improved access to bicycle and pedestrian opportunities. Areas of focus included Complete Streets (https://smartgrowthamerica.org/program/ national-complete-streets-coalition/ and https://www. transportation.gov/mission/health/complete-streets), Safe Routes to School (https://www.transportation. gov/mission/health/Safe-Routes-to-School-Programs) and the Rack-It-Up! program designed to expand the number of bicycle racks in town centers and other appropriate locations.

Individual communities were recruited to participate based on their interest and included those with larger populations (e.g., Keene, Swanzey, Jaffrey) as well as those more rural in character (Harrisville; <1,000 population). For its role in the project, SWRPC developed templates for Complete Streets guidelines, provided technical support in developing Complete streets policies to meet the preferences of individual municipalities, and worked with several schools in preparing Safe Routes to School Action Plans. In all, the PICH effort resulted in the adoption of Complete streets policies in nine communities in Southwest New Hampshire (more than any other region in the State), the completion of 14 Safe Routes to School Action Plans, and installation of bike racks providing an additional 512 bicycle parking spaces.

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Community Health Improvement Plan In 2015, New Hampshire adopted its first-ever State Health Improvement Plan. Once completed, the Stateâ&#x20AC;&#x2122;s 13 regional public health networks and advisory councils were charged with developing regional scale Community Health Improvement Plans (CHIP) patterned after the State Plan. The Greater Monadnock Public Health Network and Advisory Council approached SWRPC for technical assistance in developing the Monadnock variant of the CHIP. In doing so, SWRPC utilized its skills in data collection and analysis, facilitation and collaboration, and overall familiarity with the planning process. Vital to the successful effort was the participation of a full range of practitioners and stakeholders involved in public health related disciplines comprising the Leadership Council for Healthy Monadnock. The initial version of the Monadnock Region CHIP was completed in 2016 and, at the time of this writing, SWRPC is completing the 3-year update of this document.

Climate and Health Planning

This form of public health planning focuses on the intersection of climate change and human health. Through support from the Centers for Disease Control and Prevention, and administrative oversight provided by the New Hampshire Department of Health and Human Services and Cheshire County, the Greater Monadnock Public Health Network enlisted www.nhmunicipal.org

the support of SWRPC and Antioch University New England for technical assistance in climate and health planning activities. The first of two such efforts involved the development of a Climate and Health Adaptation Plan (CHAP) in 2017 which evaluates the impact of severe precipitation on human health. The project involved study of the increase in frequency and intensity of heavy weather events resulting in flooding, extreme winter and ice storms, etc., and associated impacts on human health.

A related project is through a program entitled Building Resilience Against Climate Effects (BRACE).

The BRACE initiative represents a deeper dive into what began with the CHAP. In Southwest New Hampshire, the focus is again on heavy precipitation events and human health. The Planning Phase involved identifying those most vulnerable including individuals living in low-lying flood prone areas, elderly, and isolated populations. In addition, this phase included evaluating and prioritizing interventions designed to mitigate impacts on human health. The Implementation Phase

takes the highest ranked interventions and puts them into action. Implementation activities under BRACE are currently underway and are centered on education and awareness through both small group sessions targeted to vulnerable populations and a multimedia outreach campaign designed for a broader audience. It should be mentioned that a parallel effort under the BRACE program is also on-going in the Seacoast Region of New Hampshire focused on the increasing number of high heat days.

Age-Focused Planning

The average age of New Hampshire residents ranks 2nd highest in the nation. Like other areas of the State, in southwest New Hampshire the population aged 65 years and older is growing faster than any other age group. Trends indicate this segment of the population is expected to grow from 15% to over 26% over the timeframe 2010-2040. At the same time, we have fewer young people. In the decade ending in 2015, enrollment in the regionâ&#x20AC;&#x2122;s K-12 public schools declined by 17%. How will this impact school budgets? Will some schools close? Similarly, during this time period, our young adult population aged 24-39 decreased by 15%. How does this impact our workforce? Forecasts suggest a continued decline in the ratio of young adults over time.

By 2040, there will be more than twice as many seniors in comparison to young adults than in 2000. What SEPTEMBER/OCTOBER 2019

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NHARPC from page 43 do these trends mean for our ability to meet the needs of an aging population? Will we have sufficient numbers of younger people to look after our seniors and meet workforce needs after they retire? Will our services and health care facilities have the capacity to respond? Is our housing stock appropriate to meet the needs of an older population while, at the same time, attract younger residents?

Data and questions such as these have led SWRPC to undertake an AgeFocused Planning project that directly responds to two fundamental questions: 1) What should our communities and institutions be doing to be better prepared for these changing demographics?; and, 2) What can we do to proactively influence these trends in a positive way? SWRPC has partnered with Cheshire Medical Center and others locally, and with support from the Tufts Health Plan Foundation and Federal Highway Administration are leading a 2-year effort to explore these issues.

The project is, in large part, patterned after a similar effort championed by the Southern New Hampshire Planning Commission which is two years ahead of SWRPC’s effort. The 2-year project is currently at the halfway point. Year 1 involved data collection through research, use of a survey, and a number of focus group sessions. A project work group of practitioners and stakeholders is providing oversight and guidance.

Deliverables are to include: 1) a regional report providing trends, analysis, findings, recommendations, and a variety of suggested action steps for consideration by a full range of multisector stakeholders; and 2) individual profiles of SWRPC’s 33 member communities providing pertinent data and suggested strategies for use in future planning and related activities.

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Collaboration is Key: A Testimonial

By Eileen Fernandes The Greater Monadnock Public Health Network (GMPHN), one of thirteen regional networks in New Hampshire, is a community health and safety collaborative which works to enhance and improve public health-related services. Financed under an agreement with the State of New Hampshire, Department of Health and Human Services, Division of Public Health Services, with funding from the Centers for Disease Control and Prevention, GMPHN is led by the government of Cheshire County in partnership with Cheshire Medical Center. GMPHN strives to increase collaboration and planning across municipal boundaries. Membership includes representatives from the 33 towns in the Monadnock Region, regional government, the profit and non-profit sectors, public and private education, faith-based, and community members.

The success of GMPHN is dependent on diverse representation among our members. One such example is the relationship between GMPHN and Southwest Region Planning Commission (SWRPC). Beginning in 2009 when we first approached SWRPC to assist with updating our regional Point of Dispensing Plans, we recognized that they had a skill set that was missing from our previous efforts to enhance our public health planning and response. Given their work to support their member municipalities with emergency operations and hazard mitigation planning, it was apparent that they had a level of planning expertise that would only enhance our current efforts. SWRPC’s expertise includes access to data, the ability to analyze information and provide visual presentation that is easily understandable and readable, knowledge and awareness of regional, state and federal requirements, and access to regional resources.

Since that time, there have been several examples of maximizing the strengths and abilities of both GMPHN and SWRPC, along with other stakeholders, that is contributing to positive public health outcomes for the region. Our successful collaboration led to adoption of the region’s first Community Health Improvement Plan, the first regional Climate and Health Adaptation Plan, and most recently the development of a BRACE (Building Resilience Against Climate Effects) educational curriculum.

With limited resources, it is imperative that organizations find opportunities to collaborate. GMPHN has a strong history of engaging diverse partners and SWRPC brings a heightened level of planning expertise. Working together has demonstrated a true recipe for success. With SWRPC expanding its reach into greater public health planning, there is a brighter future for our region.

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www.nhmunicipal.org

world. The more a community planner participates with experts in the field of population and public health, the more s/he recognizes that we are working toward similar goals – that is, striving to make communities better places to live, work and play.

mission. He can be reached via email at tmurphy@swrpc.org or by phone at 603.357.0557. Eileen Fernandes is Director of Operations with the Center for Population Health at Cheshire Medical Center, a Dartmouth-Hitchcock Health Affiliate. She can be reached at efernandes@cheshire-med.com or by phone at 603.354.5454 x2130.

Tim Murphy is Executive Director with Southwest Region Planning ComConclusion

Roberts & Greene, PLLC

Planners are adept at responding to change. As described in this article, the Southwest Region Planning Commission has raised its level of activity in the area of public health planning.

By no means is SWRPC alone in this way. Municipal and regional planners and others in New Hampshire and beyond find themselves increasingly involved in such efforts, and this trend is likely to continue due to a changing

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New NLC Report Reveals Solutions to National Housing Crisis The National League of Cities (NLC) recently released a comprehensive affordable housing report entitled “Homeward Bound: The Road to Affordable Housing.” The report focuses on the challenges and solutions communities large and small are using to address the nation’s growing affordable housing crisis with cities, towns and villages on the front lines. Reflecting the collaborative work of over 20 bipartisan community leaders on NLC’s housing task force, the report offers several policy actions and gives a comprehensive overview of the history and factors behind the crisis, as well as case studies from cities launching innovative solutions and recommendations from experts.

Local leaders are seeking real housing solutions for their residents, who just want a safe, quality place to call home. Currently, half a million Americans are homeless, half of home renters are cost-burdened and the average minimum-wage worker would have to work 99 hours per week to afford a onebedroom apartment. Housing is the single biggest factor impacting economic mobility for people. It’s an outsized cost for a growing number of working families, creating cost burdens that impact millions of residents. Nearly 40 percent of households in the U.S. are rented and research shows half of these households allot more than 30 percent of their income for housing.

When residents have stable living conditions, the benefits are apparent — students do better in school and health outcomes improve. Communities benefit as a whole from this stability. Opportunities for investment growth and economic prosperity develop when sustainable housing serves the needs of residents across generations and income levels.

The report highlights a set of five national housing policy recommendations: 1. Immediately stabilize and stem the loss of public and affordable housing.

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2. Follow emergency intervention with passage of a long-term, stand-alone federal housing bill that authorizes ten years of new funding for pilot programs that advance housing for all.

3. Support innovation and modernization of land-use and planning at the local and regional level.

4. Fix inequities in housing development and the housing finance system.

5. Support scalable innovation and financing for cities, towns and villages.

The Report also includes five local recommendations: 1. Establish local programs by combining funding and financing streams to support housing goals.

2. Modernize local land use policies, including zoning and permitting, to rebalance housing supply and demand.

3. Identify and engage broadly with local stakeholders; and coordinate across municipal boundaries, to develop a plan to provide housing opportunities for all.

4. Support the needs of distinct sub-populations including the homeless, seniors and persons with conviction histories.

5. Prioritize equitable outcomes in housing decision as it is an essential component for success.

The report is available for download here: https://www.nlc. org/sites/default/files/2019-07/Homeward%20Bound_ The%20Road%20to%20Affordable%20Housing_WEB.pdf The National League of Cities (NLC) is the voice of America’s cities, towns and villages, representing more than 200 million people. NLC works to strengthen local leadership, influence federal policy and drive innovative solutions. Stay connected with NLC on Facebook, Twitter, LinkedIn and Instagram.

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A resident is draining her sump pump into the street, what can we do?

Private snow plow operators are leaving snow piles in town roads, is that legal?

A citizen on a Class VI is digging in the right-of-way, can we stop him?

Join NHMA Legal Services Counsel Stephen Buckley and Municipal Services Counsel Natch Greyes for the answers to these questions—and many more! The attorneys will discuss the enforcement of existing state laws that prohibit excavating in public streets without a permit, and that bar obstructing public roads with debris or improper drainage. This workshop will also provide a complete inventory of local regulations the governing body can adopt to regulate parking, street numbers, street names, OHRV and snowmobile operation, speed limits, weight limits, as well as driveway regulation by the planning board. Ample time will also be spent on Class VI and private roads, including what municipalities—and residents—can and cannot do on these roads.

Friday, October 4, 2019 9:00 a.m.— p.m.

Registration at 8:30 am

NHMA Offices 25 Triangle Park Drive Concord, NH Workshop Cost: $65.00* * workshop does not include publication!

Online pre-registration required one week prior. Space is limited.

Questions? Call 800.852.3358, ext. 3350, or email NHMAregistrations@nhmunicipal.org www.nhmunicipal.org

SEPTEMBER/OCTOBER 2019

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The Workings of a Planning Board

Wednesday, September 4, 2019 12:00 pm— pm

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This webinar is geared for new planning board members and alternates, as well as seasoned veterans, who want a refresher course on planning board basics.

Join Legal Services Counsel Stephen Buckley and Municipal Services Counsel Natch Greyes who will discuss what is a completed application, the timeline for planning board review, conducting meetings and public hearings, the use of thirdparty consultants, the zoning amendment process, scattered and premature development, offsite exactions, innovative land use controls, driveways, the Right-to-Know Law and more.

NHMA will be hosting two webinars in This webinar is open to all NHMA members and September and October for members of the will benefit not only new Planning Board members, but also governing bodies, other land use New Hampshire Municipal Association.

boards and officials who want to better understand the different roles and responsibilities of various municipal officials in these positions.

Using the Attorney General·s Polling Place Checklist to Run a Better Election

Wednesday, October 16, 2019 12:00 pm— pm

For details and registration information, visit www.nhmunicipal.org under Calendar of Events Questions? Call 800.852.3358, ext. 3350, or email NHMAregistrations@nhmunicipal.org.

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NEW HAMPSHIRE TOWN AND CITY

Join Assistant New Hampshire Attorney General Nicholas Chong Yen and NHMA·s Legal Services Counsel Stephen Buckley who will discuss and review the Attorney General·s Polling Place Checklist. Learn what are the critical polling place set up and operation requirements that will be inspected when representatives of the Attorney General visit to ensure compliance with New Hampshire·s election laws. The checklist will be used to address political signs, presence of elections officials, voting booths, accessible voting systems, electioneering, voter check-in procedures, absentee balloting challengers and the voter registration process.

This webinar is open to all NHMA members and will benefit moderators, town clerks, supervisors of the checklist and governing body members, who want a refresher course on correct polling place procedures. www.nhmunicipal.org

Join NHMA and the New Hampshire Office of Strategic Initiatives for the

Fall 2019 Land Use Law Conference (formerly known as the Municipal Law Lecture Series)

9:00 am—3:00 pm Saturday, October 5, 2019 Holiday Inn, 172 North Main Street, Concord The Legal Authority of a Planning Board in New Hampshire

Laura Spector-Morgan, Esquire, Mitchell Municipal Group, P.A. This session is for planning board members who want a refresher course on the legal authority of the Planning Board in New Hampshire. Topics for discussion include Subdivision and Site Plan Review, Excavations, Innovative Land Use under RSA 674:21, Capital Improvement Planning, Master Plans and more.

Planning Board Procedural Basics

Stephen C. Buckley, Legal Services Counsel, NH Municipal Association This session is for planning board members who want a refresher course on procedural basics. Topics for discussion include what is a completed application, the timeline for planning board review, conducting meetings and public hearings, the use of third-party consultants, the zoning amendment process, off-site exactions, conflicts of interests, the Right-to-Know law and more.

Roles and Responsibilities of the Zoning Board of Adjustment

Christopher L. Boldt, Esq., Donahue, Tucker & Ciandella PLLC, Meredith, NH This session will provide a detailed look at the statutory responsibilities of the ZBA including appeals of administrative decisions, special exceptions, and variances. This session will also provide an in-depth discussion of how the case law interprets the five variance criteria. Time will be devoted to participant questions.

ZBA Decision Making Process

Christine Fillmore, Esq., Drummond Woodsum, Manchester, NH Matthew Serge, Esq., Drummond Woodsum, Manchester, NH You’ve notified abutters, held the public hearing, heard hours of testimony, and now it’s time to make a decision.

What do you do? Do you need to decide right then and there? What if you only have four members present? Can there be conditions of approval? Do you vote on each of the criteria separately? Do you need to vote on anything at all? If these and other questions have plagued your ZBA, this session is for you.

Legal Update

Benjamin D. Frost, Esq., AICP, New Hampshire Housing, Bedford, NH This session will review recent New Hampshire Supreme Court decisions involving land use issues and the impact they have on municipal planning and zoning. Recently enacted legislation that affects the responsibilities and authority of municipal planning and zoning boards will also be discussed.

Land Use Board Boot Camp

Tim Corwin, Esq., AICP, Senior Planner, Lebanon, NH Shawn Tanguay, Esq., Drummond Woodsum, Manchester, NH Appropriate for beginning members, seasoned veterans, as well as land use administrators, this session will provide an overview on the mechanics of a land use board meeting. Discussion will touch on requirements for legal notice, meeting procedure and conduct, conflicts of interest, Right-to-Know issues, and more. The session will conclude with Q&A.

Cost is $100 and includes continental breakfast, lunch, and program materials Questions? Call 800.852.3358 or email NHMAregistrations@nhmunicipal.org Register online at www.nhmunicipal.org under Calendar of Events

www.nhmunicipal.org

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