CLAREMONT – The Planning Board has agreed to be part of a pilot project with the Upper Valley Lake Sunapee Regional Planning Commission to draft new zoning regulations that comply with updates to state law regarding home-based child care centers.
The updated state law for child care centers went into effect on July 2 following the passage of House Bill 1195.
“It updated the state statute regarding two components,” Renee Theall, Housing Navigator with UVLSRPC, said Wednesday. “The first will now allow child care centers ‘by right’ in commercial zones and home-based child care and group family day care ‘by right’ in residential zones.”
“By right” means that there will no longer be a requirement for a special exception or site plan approval for the child care centers as defined in state law (RSA 170-E)
The bill states that “Family or group family child care shall be allowed by right as an accessory use to any primary residential use, including in an accessory structure of not more than 950 square feet, and shall not be subject to local site plan review in any zone where a primary residential use is permitted.”
Theall said the commission chose four communities for the pilot project – Claremont, Enfield, Dorchester and Springfield – to draft new zoning regulations to comply with state law.
“We will focus on small, home-based and group family day care in residential areas. That is the pilot project,” Theall said.
Under state law, “Family day care home” is defined as an occupied residence in which child day care is provided for less than 24 hours for up to six unrelated families. There can be an additional three children who are attending a full-day school program up to five hours per day on school days allowed. “Family group day care home” is for up to 12 children for less than 24 hours, with an additional five allowed if they are attending a full-day school program.
Theall told the planning board that child care and housing are the two biggest challenges for families in New Hampshire, and the updated state law is aimed at making child care more available and easier to start.
“It takes away a regulator burden that can delay (approvals) and add costs,” Theall said, adding that state law “overrides” local zoning regulations. It will bring zoning regulations into compliance with state statute.”
Though a site plan and special exception will no longer be required, all child care facilities must meet state licensing requirements and city fire and safety codes.
City Planner Austin Ford said Wednesday that the regional planning commission will help the city understand what changes need to be made to comply with state law.
“Hopefully we will better understand the details of the new law so they become more clear through this process (with the regional planning commission,)” Ford said. “We want to make meaningful changes that open up the possibility for more child care.”
The pilot project is being funded with a $20,000 grant through the New Hampshire Community Development Finance Authority, with a deadline for completion of new regulations by the end of November. Any changes to the city’s zoning ordinances will need approval by both the Planning Board and the City Council.
Patrick O’Grady can be reached at pogclmt@gmail.com
