1 | 1 | | General Assembly Raised Bill No. 5511 |
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2 | 2 | | February Session, 2014 LCO No. 2090 |
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3 | 3 | | *02090_______PD_* |
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4 | 4 | | Referred to Committee on PLANNING AND DEVELOPMENT |
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5 | 5 | | Introduced by: |
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6 | 6 | | (PD) |
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7 | 7 | | |
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8 | 8 | | General Assembly |
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9 | 9 | | |
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10 | 10 | | Raised Bill No. 5511 |
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11 | 11 | | |
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12 | 12 | | February Session, 2014 |
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13 | 13 | | |
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14 | 14 | | LCO No. 2090 |
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15 | 15 | | |
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16 | 16 | | *02090_______PD_* |
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17 | 17 | | |
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18 | 18 | | Referred to Committee on PLANNING AND DEVELOPMENT |
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19 | 19 | | |
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20 | 20 | | Introduced by: |
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21 | 21 | | |
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22 | 22 | | (PD) |
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23 | 23 | | |
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24 | 24 | | AN ACT GRANTING A MORATORIUM FROM THE AFFORDABLE HOUSING LAND USE APPEALS PROCESS UPON COMPLETION OF AN INCENTIVE HOUSING DEVELOPMENT. |
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25 | 25 | | |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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27 | 27 | | |
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28 | 28 | | Section 1. (NEW) (Effective October 1, 2014) (a) Upon the completion of any incentive housing development consisting of at least sixteen dwelling units, the municipality in which such development was constructed shall be eligible for a moratorium during which time the provisions of subsections (a) to (j), inclusive, of section 8-30g of the general statutes shall not be applicable to an affordable housing application filed with the commission. Such moratorium shall be the two-year period after (1) a certificate of incentive housing development completion issued by the Commissioner of Housing is published in the Connecticut Law Journal pursuant to subsection (b) of this section, or (2) notice of a provisional approval is published pursuant to subsection (b) of this section. For purposes of this section, "incentive housing development" has the same meaning as in section 8-13m of the general statutes, and "commission" has the same meaning as in subsection (a) of section 8-30g of the general statutes. |
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29 | 29 | | |
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30 | 30 | | (b) A municipality may apply for a certificate of incentive housing development completion pursuant to this subsection by applying in writing to the Commissioner of Housing and including documentation showing that the municipality has met the requirements of subsection (a) of this section, including evidence that certificates of occupancy for each dwelling unit have been issued. Upon receipt of such application, the commissioner shall promptly cause a notice of the filing of the application to be published in the Connecticut Law Journal, stating that public comment on such application shall be accepted by the commissioner for a period of thirty days after the publication of such notice. Not later than ninety days after the receipt of such application, the commissioner shall either approve or reject such application. Such approval or rejection shall be accompanied by a written statement of the reasons for approval or rejection, pursuant to the provisions of this section. If the application is approved, the commissioner shall promptly cause a certificate of incentive housing development completion to be published in the Connecticut Law Journal. If the commissioner fails to either approve or reject the application within such ninety-day period, such application shall be deemed provisionally approved, and the municipality may cause notice of such provisional approval to be published in a conspicuous manner in a daily newspaper having general circulation in the municipality, in which case, such moratorium shall take effect upon such publication. The municipality shall send a copy of such notice to the commissioner. Such provisional approval shall remain in effect unless the commissioner subsequently acts upon and rejects the application, in which case the moratorium shall terminate upon notice to the municipality by the commissioner. |
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31 | 31 | | |
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32 | 32 | | Sec. 2. Subdivision (1) of subsection (l) of section 8-30g of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014): |
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33 | 33 | | |
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34 | 34 | | (l) (1) Notwithstanding the provisions of subsections (a) to (j), inclusive, of this section, the affordable housing appeals procedure established under this section shall not be applicable to an affordable housing application filed with a commission during a moratorium, which shall be the four-year period after (A) a [certification] certificate of affordable housing project completion issued by the commissioner is published in the Connecticut Law Journal, or (B) [after] notice of a provisional approval is published pursuant to subdivision (4) of this subsection. [Any moratorium that is in effect on October 1, 2002, is extended by one year.] |
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35 | 35 | | |
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36 | 36 | | |
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37 | 37 | | |
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38 | 38 | | |
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39 | 39 | | This act shall take effect as follows and shall amend the following sections: |
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40 | 40 | | Section 1 October 1, 2014 New section |
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41 | 41 | | Sec. 2 October 1, 2014 8-30g(l)(1) |
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42 | 42 | | |
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43 | 43 | | This act shall take effect as follows and shall amend the following sections: |
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44 | 44 | | |
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45 | 45 | | Section 1 |
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46 | 46 | | |
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47 | 47 | | October 1, 2014 |
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48 | 48 | | |
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49 | 49 | | New section |
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50 | 50 | | |
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51 | 51 | | Sec. 2 |
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52 | 52 | | |
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53 | 53 | | October 1, 2014 |
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54 | 54 | | |
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55 | 55 | | 8-30g(l)(1) |
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56 | 56 | | |
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57 | 57 | | Statement of Purpose: |
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58 | 58 | | |
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59 | 59 | | To provide a moratorium from the affordable housing land use appeals process to any municipality in which an incentive housing development consisting of at least sixteen dwelling units has been completed and to make technical changes. |
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60 | 60 | | |
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61 | 61 | | [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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