| 28 | | - | Section 1. Subsection (g) of section 8-30g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 29 | | - | |
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| 30 | | - | (g) Upon an appeal taken under subsection (f) of this section, the burden shall be on the commission to prove, based upon the evidence in the record compiled before such commission that the decision from which such appeal is taken and the reasons cited for such decision are supported by sufficient evidence in the record. The commission shall also have the burden to prove, based upon the evidence in the record compiled before such commission, that (1) (A) the decision is necessary to protect substantial public interests in health, safety, or other matters which the commission may legally consider; (B) such public interests clearly outweigh the need for affordable housing; and (C) such public interests cannot be protected by reasonable changes to the affordable housing development, [or] (2) (A) the application [which] that was the subject of the decision from which such appeal was taken would locate affordable housing in an area which is zoned for industrial use and which does not permit residential uses, and (B) the development is not assisted housing, as defined in subsection (a) of this section, or (3) (A) the application that was the subject of the decision from which such appeal was taken would locate affordable housing on a lot that is unbuildable pursuant to the commission's regulations in effect at the time such application is filed, and (B) such lot cannot be made buildable due to natural conditions of the property. If the commission does not satisfy its burden of proof under this subsection, the court shall wholly or partly revise, modify, remand or reverse the decision from which the appeal was taken in a manner consistent with the evidence in the record before it. |
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| 35 | | - | This act shall take effect as follows and shall amend the following sections: |
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| 36 | | - | Section 1 October 1, 2011 8-30g(g) |
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| 38 | | - | This act shall take effect as follows and shall amend the following sections: |
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| 40 | | - | Section 1 |
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| 42 | | - | October 1, 2011 |
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| 43 | | - | |
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| 44 | | - | 8-30g(g) |
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| 27 | + | That section 8-30g of the general statutes be amended to provide that, in any appeal from the denial of an affordable housing application, the judge shall consider (1) any claim by the commission that the land that is the subject of the appeal is unsuitable for the proposed development; (2) whether the type of affordable housing units being proposed are needed in the municipality; (3) the commission's objections to a proposed development's noncompliance with regulations concerning grading, height and setbacks; (4) whether the number of affordable housing units being proposed outweighs the commission's concerns about the proposed development; and (5) whether the proposed development would be located in a design district, and such considerations shall apply retroactively to any pending appeal. |
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