CT
Connecticut Senate Bill SB00693

Connecticut 2013 Regular Session

Connecticut Senate Bill SB00693 Compare Versions

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1-General Assembly Substitute Bill No. 693
2-January Session, 2013 *_____SB00693PD_FIN040213____*
1+General Assembly Committee Bill No. 693
2+January Session, 2013 LCO No. 4036
3+ *04036SB00693PD_*
4+Referred to Committee on PLANNING AND DEVELOPMENT
5+Introduced by:
6+(PD)
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48 General Assembly
59
6-Substitute Bill No. 693
10+Committee Bill No. 693
711
812 January Session, 2013
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10-*_____SB00693PD_FIN040213____*
14+LCO No. 4036
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16+*04036SB00693PD_*
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18+Referred to Committee on PLANNING AND DEVELOPMENT
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20+Introduced by:
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22+(PD)
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1224 AN ACT CONCERNING PROPERTY TAX RELIEF FOR BUSINESSES AFFECTED BY MAJOR CONSTRUCTION ACTIVITIES.
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1426 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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16-Section 1. (NEW) (Effective October 1, 2013) (a) For purposes of this section, "major construction activity" means any sewer project, water supply system improvement, construction or repair project or road improvement, construction or repair project that is likely to interrupt the normal operation of one or more businesses for six consecutive months or longer, and "business" means any individual or sole proprietorship, partnership, firm, corporation, trust, limited liability company, limited liability partnership, joint stock company, joint venture, association or other legal entity through which business for profit is conducted.
28+Section 1. Subsection (g) of section 8-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
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18-(b) Whenever a state agency or municipality undertakes a major construction activity, the municipality shall abate the real and personal property tax liability of any business that will experience an interruption in its normal operations for a period of six consecutive months or longer as a result of such major construction activity. Such property tax abatement shall be calculated on a pro rata basis based on the term of the major construction activity and applied proportionately to the property tax levy for the assessment year or years in which the major construction activity occurs.
30+(g) (1) The zoning regulations may require that a site plan be filed with the commission or other municipal agency or official to aid in determining the conformity of a proposed building, use or structure with specific provisions of such regulations. If a site plan application involves an activity regulated pursuant to sections 22a-36 to 22a-45, inclusive, the applicant shall submit an application for a permit to the agency responsible for administration of the inland wetlands regulations not later than the day such application is filed with the zoning commission. The commission shall, within the period of time established in section 8-7d, accept the filing of and shall process, pursuant to section 8-7d, any site plan application involving land regulated as an inland wetland or watercourse under chapter 440. The decision of the zoning commission shall not be rendered on the site plan application until the inland wetlands agency has submitted a report with its final decision. In making its decision, the commission shall give due consideration to the report of the inland wetlands agency and if the commission establishes terms and conditions for approval that are not consistent with the final decision of the inland wetlands agency, the commission shall state on the record the reason for such terms and conditions. A site plan may be modified or denied only if it fails to comply with requirements already set forth in the zoning or inland wetlands regulations. Approval of a site plan shall be presumed unless a decision to deny or modify it is rendered within the period specified in section 8-7d. A certificate of approval of any plan for which the period for approval has expired and on which no action has been taken shall be sent to the applicant within fifteen days of the date on which the period for approval has expired. A decision to deny or modify a site plan shall set forth the reasons for such denial or modification. A copy of any decision shall be sent by certified mail to the person who submitted such plan within fifteen days after such decision is rendered. The zoning commission may, as a condition of approval of a site plan or modified site plan, require a financial guarantee in the form of a bond, a bond with surety or similar instrument to ensure (A) the timely and adequate completion of any site improvements that will be conveyed to or controlled by the municipality, [and] (B) the implementation of any erosion and sediment controls required during construction activities, and (C) the reimbursement of property taxes to businesses affected by major construction activities pursuant to subdivision (4) of this subsection. The amount of such financial guarantee shall be calculated so as not to exceed the anticipated actual costs for the completion of such site improvements or the implementation of such erosion and sediment controls plus a contingency amount not to exceed ten per cent of such costs. At any time, the commission may grant an extension of time to complete any site improvements. The commission shall publish notice of the approval or denial of site plans in a newspaper having a general circulation in the municipality. In any case in which such notice is not published within the fifteen-day period after a decision has been rendered, the person who submitted such plan may provide for the publication of such notice within ten days thereafter. The provisions of this subsection shall apply to all zoning commissions or other final zoning authority of each municipality whether or not such municipality has adopted the provisions of this chapter or the charter of such municipality or special act establishing zoning in the municipality contains similar provisions.
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20-(c) (1) Whenever any state agency undertakes a major construction activity, the state shall reimburse a municipality, in the form of a state grant in lieu of taxes, in an amount equal to any real or personal property tax abatement allowed pursuant to this section by a municipality for any business that will experience an interruption in its normal operations for a period of six consecutive months or longer as a result of such major construction activity. The amount of the grant payable to each municipality in any year in accordance with this subsection shall be reduced proportionately in the event that the total of such grants in such year exceeds the amount appropriated for the purposes of this section with respect to such year.
32+(2) To satisfy any financial guarantee requirement, the commission may accept surety bonds and shall accept cash bonds, passbook or statement savings accounts and other financial guarantees other than surety bonds including, but not limited to, letters of credit, provided such other financial guarantee is in a form acceptable to the commission and the financial institution or other entity issuing any letter of credit is acceptable to the commission. Such financial guarantee may, at the discretion of the person posting such financial guarantee, be posted at any time before all approved site improvements are completed, except that the commission may require a financial guarantee for erosion and sediment controls prior to the commencement of any such site improvements. No certificate of occupancy shall be issued before a required financial guarantee is posted or the approved site improvements are completed to the reasonable satisfaction of the commission or its agent. For any site plan that is approved for development in phases, the financial guarantee provisions of this section shall apply as if each phase was approved as a separate site plan. Notwithstanding the provisions of any special act, municipal charter or ordinance, no commission shall (A) require a financial guarantee or payment to finance the maintenance of roads, streets, retention or detention basins or other improvements approved with such site plan for more than one year after the date on which such improvements have been completed to the reasonable satisfaction of the commission or its agent or accepted by the municipality, or (B) require the establishment of a homeowners association or the placement of a deed restriction, easement or similar burden on property for the maintenance of approved public site improvements to be owned, operated or maintained by the municipality, except that the prohibition of this subparagraph shall not apply to the placement of a deed restriction, easement or similar burden necessary to grant a municipality access to such approved site improvements.
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22-(2) Any state agency undertaking a major construction activity shall promptly notify the Secretary of the Office of Policy and Management upon receiving notice of a final approval of such major construction activity and shall provide said secretary with sufficient information to allow said secretary to provide notice to a municipality in accordance with subdivision (3) of this subsection.
34+(3) If the person posting a financial guarantee under this section requests a release of all or a portion of such financial guarantee, the commission or its agent shall, not later than sixty-five days after receiving such request, (A) release or authorize the release of any such financial guarantee or portion thereof, provided the commission or its agent is reasonably satisfied that the site improvements for which such financial guarantee or portion thereof was posted have been completed, or (B) provide the person posting such financial guarantee with a written explanation as to the additional site improvements that must be completed before such financial guarantee or portion thereof may be released.
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24-(3) The Secretary of the Office of Policy and Management shall, not later than sixty days after receiving notice of a final approval of a major construction activity from a state agency, notify the assessor of a municipality of the businesses that will be affected by such major construction activity and the projected term of such major construction activity. Not later than sixty days after receiving such notice, any municipality to which a grant is payable under the provisions of this subsection shall provide said secretary with the assessed valuation of the affected real and personal property as of the immediately preceding October first, adjusted in accordance with any gradual increase or in deferment of assessed values of real property implemented in accordance with section 12-62c of the general statutes, that is required for computation of such a grant. Said secretary may reevaluate any such property when, in his or her judgment, the valuation is inaccurate and shall notify such municipality of such reevaluation. Any municipality aggrieved by the action of said secretary under the provisions of this section may, not later than ten business days following receipt of such notice, appeal to the secretary for a hearing concerning such reevaluation, provided such appeal shall be in writing and shall include a statement as to the reasons for such appeal. The secretary shall, not later than ten business days following receipt of such appeal, grant or deny such hearing by notification in writing, including in the event of a denial, a statement as to the reasons for such denial. If any municipality is aggrieved by the action of the secretary following such hearing or in denying any such hearing, the municipality may, not later than two weeks after such notice, appeal to the superior court for the judicial district in which the municipality is located. Any such appeal shall be privileged. Said secretary shall certify to the Comptroller the amount due each municipality under the provisions of this section, or under any recomputation occurring that may be effected as the result of the provisions of this section, and the Comptroller shall draw his or her order on the Treasurer on or before the fifth business day after receiving such certification and the Treasurer shall pay the amount thereof to such municipality on or before the fifteenth day following.
36+(4) For any site plan approved on or after October 1, 2013, the commission may, at the commission's discretion, require a developer to post a financial guarantee to fully or partially cover any property tax payments due during the course of construction from any business that will be disrupted as a result of major construction activities. For purposes of this section, "major construction activities" means construction that interrupts or is likely to interrupt the normal operation of a business for six months or longer, and "business" means any individual or sole proprietorship, partnership, firm, corporation, trust, limited liability company, limited liability partnership, joint stock company, joint venture, association or other legal entity through which business for profit is conducted.
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2941 This act shall take effect as follows and shall amend the following sections:
30-Section 1 October 1, 2013 New section
42+Section 1 October 1, 2013 8-3(g)
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3244 This act shall take effect as follows and shall amend the following sections:
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3446 Section 1
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3648 October 1, 2013
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38-New section
50+8-3(g)
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52+Statement of Purpose:
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54+To authorize zoning commissions to require developers engaging in major construction activities to post a financial guarantee that will fully or partially reimburse surrounding businesses affected by such major construction activities for any property taxes due during the course of such activities.
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56+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]
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42-PD Joint Favorable Subst. C/R FIN
60+Co-Sponsors: SEN. CASSANO, 4th Dist.
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44-PD
62+Co-Sponsors:
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46-Joint Favorable Subst. C/R
64+SEN. CASSANO, 4th Dist.
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48-FIN
66+S.B. 693