[Added 6-7-2005]
A. 
The intent of the Town in permitting development pursuant to this article is as follows:
(1) 
To provide for residential developments that meet the growing needs of persons 55 years of age and older, including the need for quality housing, open space, recreational facilities or the desire to remain proximate to families and roots.
(2) 
To encourage innovations in residential developments so that the growing demand for housing may be met by a greater variety in type, design and layout of dwellings, while conserving open space within such a development.
(3) 
To recognize that developments housing older persons typically generate lower average rates of vehicular traffic, water usage and sewer usage than other types of residential developments, and a lower average number of residents per dwelling unit.
[Amended 6-2-2023]
(4) 
To encourage flexibility in site planning which will respect and conserve natural resources, such as streams, ponds, floodplains, wooded areas, steep slopes, and other areas of significant beauty or importance to the environment.
(5) 
To provide for patterns of development around the perimeter of a tract that are compatible with neighboring development while allowing greater flexibility within the interior of the tract.
B. 
The provisions of this article are adopted pursuant to the authority of RSA 674:16 and RSA 674:21, and shall overlay and supplement the other regulations of the Town of Derry Zoning Ordinance for the purpose of establishing provisions under which independent adult community developments may be permitted by the Planning Board within certain zoning districts.
As used in this article, the following terms shall have the meanings indicated.
INDEPENDENT ADULT
Persons 55 years of age or older.
INDEPENDENT ADULT COMMUNITY
A residential development of dwelling units and permitted accessory uses with the dwellings limited to occupancy by households:
[Amended 6-2-2023]
A. 
Intended for, and solely occupied by, persons 62 years of age or older; or
B. 
Intended and operated for occupancy by persons 55 years of age or older and:
(1) 
At least 80% of the occupied units are occupied by at least one person who is 55 years of age or older; and
(2) 
The covenants for the community publish and adhere to policies and procedures that demonstrate the intent required under this subsection.
NET TRACT AREA
Land which is buildable subject to the constraints of all applicable ordinances and regulations, excluding wetlands, land within the Groundwater Resource Conservation District, Conservation Overlay District, and land with slopes greater than 25%.
[Amended 1-3-2006]
Independent adult community as defined herein may be permitted by the Planning Board in the Medium Density Residential District (MDR), Low Medium Density Residential District (LMDR), Low Density Residential District (LDR), Office/Research and Development District (ORD).
Parcel(s) for which an independent adult community is proposed shall conform to the following minimum requirements, in addition to the other provisions of this article.
A. 
The parcel shall have a net tract area of no less than four contiguous acres.
B. 
All requirements of the underlying base zoning district apply to development within the overlay district, unless specific provisions of the overlay district ordinance specify otherwise.
[Amended 6-5-2007]
The total number of dwelling units permitted in any independent adult community development is based on the underlying zoning district and the total number of dwelling units that would otherwise be approved under a conventional subdivision development. The maximum permitted number of dwelling units is equal to the number of dwelling units that could be supported in a traditional subdivision of the same parcel(s) based on the provisions of the underlying base zoning district, except in areas that are serviced by both municipal water and sewer, in which case the number of dwelling units shall be equal to no more 1.5 units times the number of dwelling units that could be supported in the base underlying zoning district.
[Amended 6-5-2007; 6-2-2023; 2-21-2025]
A. 
Allowable building types are single-family detached dwellings and townhouses.
B. 
Each dwelling unit shall have a minimum of 1,400 square feet of space intended for human occupancy subject to the provisions of all ordinances, regulations and codes.
C. 
No building shall contain more than six dwelling units. Buildings shall be either single-family detached dwellings or, in the case of multiunit buildings, townhouse style with a minimum of three dwellings units.
D. 
Where there will be more than one multiunit building on a lot, buildings shall have a minimum horizontal separation of 35 feet. The Planning Board may require a greater separation where topography or other unique characteristics of the site or the development will affect the use of emergency equipment between buildings.
E. 
A minimum of 50% of the net tract area shall be set aside for permanent open space and/or recreational use, and shall be protected by covenants, recorded with the plans, and deed restrictions.
F. 
No unit shall contain more than two bedrooms.
G. 
Parking shall be provided in accordance with the provisions of Chapter 170, Land Development Control Regulations.
H. 
All utilities shall be underground utilities.
I. 
Common driveways for two to three dwelling units are permitted.
J. 
Comply with LDCR § 170-30, Fire protection.
Any project proposed under this independent adult community article shall be required to conform to the requirements of the Town of Derry Site Plan Regulations.[1]
[1]
Editor's Note: See Ch. 170, Land Development Control Regulations, Part 3, Site Plan Regulations.
A. 
The following accessory uses to an independent adult community are allowed:
(1) 
A clubhouse which may consist of locker and shower rooms, spa, fitness center, lounges and similar facilities; and
(2) 
Recreational facilities such as a swimming pool and tennis court.
B. 
These accessory uses shall be specifically restricted to serve residents of the independent adult community and their invited guests.
A. 
Limitation on number of independent adult community units. The Planning Board shall not accept for consideration any proposal which, if approved, would increase the total number of all independent adult units, approved since the adoption of this article, above the number representing 3% of the total number of dwelling units within the Town as determined by the Tax Assessor.
B. 
Interpretation. To the extent that the specific requirements of this independent adult community article are inconsistent or at variance with any other requirements contained in the Zoning Chapter, the requirements imposed herein shall govern and control an independent adult community proposal. To the extent that specific requirements imposed herein are inconsistent with or at variance with the requirements of the State of New Hampshire or the requirements of the federal government with respect to the operation or construction of an independent adult community project, such state or federal requirements shall supersede the requirements of this article.
C. 
Legal documents required. The Planning Board shall require such covenants or legal restrictions that it deems necessary to insure the intent of this article, including documentation with respect to condominium land ownership. The Planning Board may, as appropriate, require review and approval of any such documents by legal counsel to insure that the form and substance of such documents is sufficient to achieve and preserve the requirements of this article. The provision and review of any documents required hereunder shall be at the applicant's expense.
(1) 
Assurances of independent adult residency. The applicant shall provide deed restrictions, use limitations, covenants, or some other legally enforceable instrument, which shall permanently restrict occupancy of the housing facilities to persons who meet all applicable restrictions regarding age. The language of the restrictions and/or limitations must be specific and must correlate with current federal and state requirements for housing for persons 62 years of age or over or 55 years of age or older under the Federal Fair Housing Act. Said assurances shall include provisions for:
[Amended 6-2-2023]
(a) 
The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner(s) to provide housing for persons solely 62 years of age or older or 55 years of age or older; and
(b) 
Annual verification of compliance with the age restrictions by reliable surveys and affidavits. As the Town of Derry does not have an appointed commission for housing verification, notice of the results of the annual verification process is to be provided to the Code Enforcement Administrator.
(2) 
Homeowners' association. The developer or condominium declarant shall ensure that a homeowners' association be established in all independent adult community projects where a community water system, septic system or internal access drive(s) will be utilized. The covenants, deed requirements and legal restrictions of any documentation with respect to the establishment of a homeowners' association shall be reviewed by legal counsel to insure the form and substance of such documentation is sufficient to achieve and preserve the requirements of this Subsection C(2).
[Amended 6-5-2007]
(3) 
Capital reserve fund. The developer or condominium declarant, shall establish a capital reserve fund to be maintained by the homeowners' association to cover the repair and/or replacement costs associated with the use of a community water system, septic system and/or internal access drive(s) in any independent adult community project. Annual verification by affidavit shall be submitted to the Code Enforcement Administrator verifying that adequate capital reserves exist for the repair and/or replacement of these systems.
[Amended 6-5-2007]