FOUGERE PLANNING & DEVELOPMENT Inc.
Mark J. Fougere, AICP
253 Jennison Road Milford, New Hampshire 03055
phone: 603-315-1288 = email: Fougereplanning@comcast.net
February 22, 2022
Age Restricted Communities — School Age Children
The City of Nashua’s Land Use Code Article VIII, Impact Fees, Section 190-85 Waiver of
impact fee, provides the ability for an applicant to submit a school impact fee waiver
request to the Board of Aiderman when it “can be reasonably expected not to require
additional educational facilities’. Given the data supplied herein, it is our professional
opinion that a school impact fee waiver should be provided to the managers of the
existing Thompson's Preserve and Walden Woods's age restricted condominium
developments.
Per RSA 674:21 V, impact fees can only be assessed “in order fo help meet the needs
occasioned by that development for fhe construction of or improvement of capital
facilities..”. In addition, the City of Nashua's Land Use Code Article VIII Impact Fees,
Section 190-72 Intent and purpose, C states “Require new development fo contribute
some of its proportionate share of funds spent or to be spent by the City to accommodate
the new developments impact on certain public facilities for education having a rational
nexus to the new development”. It is clear from these legal provisions that any impact
fee charged must be supported with a statistical basis that an impact to the City’s schools
facilities will occur. As detailed in Table One, we reviewed a number of age restricted
developments in New Hampshire totaling 1,036 units and found only 5 school age
children. In Nashua, we reviewed four developments with a total of 246 units and found
no school age children.
Given these pointed findings, no rational nexus exists between the school impact fee and
the proposed use and therefore a full school impact waiver should be granted to the
Thompson's Preserve and Walden Woods age restricted developments.
Mark J. Fougere, AICP
Fougere Planning & Development, Inc.
