| 1 | 1 | | General Assembly Raised Bill No. 7298 |
|---|
| 2 | 2 | | January Session, 2017 LCO No. 5384 |
|---|
| 3 | 3 | | *05384_______PD_* |
|---|
| 4 | 4 | | Referred to Committee on PLANNING AND DEVELOPMENT |
|---|
| 5 | 5 | | Introduced by: |
|---|
| 6 | 6 | | (PD) |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | General Assembly |
|---|
| 9 | 9 | | |
|---|
| 10 | 10 | | Raised Bill No. 7298 |
|---|
| 11 | 11 | | |
|---|
| 12 | 12 | | January Session, 2017 |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | LCO No. 5384 |
|---|
| 15 | 15 | | |
|---|
| 16 | 16 | | *05384_______PD_* |
|---|
| 17 | 17 | | |
|---|
| 18 | 18 | | Referred to Committee on PLANNING AND DEVELOPMENT |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | Introduced by: |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | (PD) |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | AN ACT CONCERNING INCLUSIONARY ZONING. |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
|---|
| 27 | 27 | | |
|---|
| 28 | 28 | | Section 1. Section 8-2i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017): |
|---|
| 29 | 29 | | |
|---|
| 30 | 30 | | (a) [As used in] For purposes of this section: [,] |
|---|
| 31 | 31 | | |
|---|
| 32 | 32 | | (1) "Affordable housing" has the same meaning as provided in section 8-39a; |
|---|
| 33 | 33 | | |
|---|
| 34 | 34 | | (2) "Area median income" has the same meaning as provided in section 31-51ww; |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | (3) "Assisted living facility" means a for-profit or not-for-profit facility consisting of private residential units that provides a managed group living environment consisting of housing and services for persons who are primarily fifty-five years of age or older, and does not mean a state-funded congregate housing facility; |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | (4) ["inclusionary zoning"] "Inclusionary zoning" means any zoning regulation, requirement or condition of development imposed by ordinance, regulation or pursuant to any special permit, special exception or subdivision plan which promotes the development of housing affordable to persons and families of low and moderate income, including, but not limited to, [(1)] the setting aside of a reasonable number of housing units for [long-term retention] not less than forty years as affordable housing restricted through [deed restrictions] deeds, covenants or other means; [(2) the use of density bonuses; or (3) in lieu of or in addition to such other requirements or conditions, the making of payments into a housing trust fund to be used for constructing, rehabilitating or repairing housing affordable to persons and families of low and moderate income.] |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | (5) "Median income" has the same meaning as provided in section 8-30g; and |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | (6) "Supportive housing" means a development where not less than ten per cent of housing units are affordable to residents with annual incomes at or below the area median income, that have qualifying disabilities and are provided intensive and flexible support services, including, but not limited to, housing-based case management, assistance with reintegration into a community setting, information regarding basic skills of tenancy and referrals to community-based service providers. |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | (b) Notwithstanding the provisions of any special act, [any] a municipality having zoning authority pursuant to this chapter or any special act or having planning authority pursuant to chapter 126 [may, by regulation of the body exercising such zoning authority,] shall implement inclusionary zoning regulations, requirements or conditions. |
|---|
| 45 | 45 | | |
|---|
| 46 | 46 | | (c) Notwithstanding the provisions of any special act, a municipality having zoning authority pursuant to this chapter or any special act or having planning authority pursuant to chapter 126 shall implement zoning regulations, requirements or conditions to ensure that: |
|---|
| 47 | 47 | | |
|---|
| 48 | 48 | | (1) A development approved by such municipality meets at least one of the following criteria: |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | (A) Fifteen per cent of the development consists of affordable housing units restricted to persons and families whose income does not exceed thirty per cent of the area median income; |
|---|
| 51 | 51 | | |
|---|
| 52 | 52 | | (B) Twenty per cent of the development consists of affordable housing units restricted to persons and families whose income does not exceed sixty per cent of the area median income; or |
|---|
| 53 | 53 | | |
|---|
| 54 | 54 | | (C) Thirty per cent of the development consists of affordable housing units restricted to persons and families whose income does not exceed eighty per cent of the area median income. |
|---|
| 55 | 55 | | |
|---|
| 56 | 56 | | (2) Affordable housing units are situated within a development approved on or after the effective date of this section so as not to be located in less desirable locations or less accessible to public amenities than nonrestricted housing units in such development; |
|---|
| 57 | 57 | | |
|---|
| 58 | 58 | | (3) Affordable housing units are integrated within a development approved on or after the effective date of this section, and are comparable in design, appearance, construction and quality of materials to nonrestricted housing units in such development; |
|---|
| 59 | 59 | | |
|---|
| 60 | 60 | | (4) The interior features and mechanical systems of affordable housing units in a development, approved on or after the effective date of this section, conform to the same specifications as are applied to nonrestricted housing units in such development; and |
|---|
| 61 | 61 | | |
|---|
| 62 | 62 | | (5) A developer creating a development approved on or after the effective date of this section consisting of not more than four rental housing units may make payments into a municipal housing trust fund established by such municipality for the purpose of constructing, rehabilitating or repairing affordable housing units, in lieu of complying with the requirements of subdivision (1) of this subsection. |
|---|
| 63 | 63 | | |
|---|
| 64 | 64 | | (d) A municipality having zoning authority pursuant to this chapter or any special act or having planning authority pursuant to chapter 126 may implement zoning regulations, requirements or conditions required by subsections (b) and (c) of this section to promote the development of housing that is affordable to persons and families of low and moderate income. |
|---|
| 65 | 65 | | |
|---|
| 66 | 66 | | (e) The provisions of subsections (b) and (c) of this section shall not apply to supportive housing or assisted living facilities. |
|---|
| 67 | 67 | | |
|---|
| 68 | 68 | | (f) The Commissioner of Housing may establish a program to provide financial assistance to developers for the creation of affordable housing in accordance with this section. |
|---|
| 69 | 69 | | |
|---|
| 70 | 70 | | (g) Not later than June 30, 2019, and annually thereafter, each municipality shall submit documentation to the Commissioner of Housing regarding the completion of affordable housing units in such municipality in the prior year. |
|---|
| 71 | 71 | | |
|---|
| 72 | 72 | | |
|---|
| 73 | 73 | | |
|---|
| 74 | 74 | | |
|---|
| 75 | 75 | | This act shall take effect as follows and shall amend the following sections: |
|---|
| 76 | 76 | | Section 1 July 1, 2017 8-2i |
|---|
| 77 | 77 | | |
|---|
| 78 | 78 | | This act shall take effect as follows and shall amend the following sections: |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | Section 1 |
|---|
| 81 | 81 | | |
|---|
| 82 | 82 | | July 1, 2017 |
|---|
| 83 | 83 | | |
|---|
| 84 | 84 | | 8-2i |
|---|
| 85 | 85 | | |
|---|
| 86 | 86 | | Statement of Purpose: |
|---|
| 87 | 87 | | |
|---|
| 88 | 88 | | To (1) require municipalities to implement regulations, requirements and conditions to promote inclusionary zoning and the growth of affordable housing; (2) permit the Commissioner of Housing to establish a program to provide financial assistance to developers for the creation of affordable housing; and (3) require municipalities to submit documentation of the completion of affordable housing annually to the Commissioner of Housing. |
|---|
| 89 | 89 | | |
|---|
| 90 | 90 | | [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.] |
|---|