CT
Connecticut House Bill HB05132

Connecticut 2020 Regular Session

Connecticut House Bill HB05132 Compare Versions

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55 General Assembly Raised Bill No. 5132
66 February Session, 2020
77 LCO No. 1215
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1010 Referred to Committee on PLANNING AND DEVELOPMENT
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1313 Introduced by:
1414 (PD)
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1919 AN ACT CONCERNING TH E REORGANIZATION OF THE ZONING
2020 ENABLING ACT AND THE PROMOTION OF MUNICIPAL
2121 COMPLIANCE.
2222 Be it enacted by the Senate and House of Representatives in General
2323 Assembly convened:
2424
2525 Section 1. Section 8-2 of the general statutes is repealed and the 1
2626 following is substituted in lieu thereof (Effective July 1, 2020): 2
2727 (a) (1) The zoning commission of each city, town or borough is 3
2828 authorized to regulate, within the limits of such municipality: [, the] (A) 4
2929 The height, number of stories and size of buildings and other structures; 5
3030 (B) the percentage of the area of the lot that may be occupied; (C) the 6
3131 size of yards, courts and other open spaces; (D) the density of 7
3232 population and the location and use of buildings, structures and land 8
3333 for trade, industry, residence or other purposes, including water-9
3434 dependent uses, as defined in section 22a-93; [,] and (E) the height, size, 10
3535 location, brightness and illumination of advertising signs and 11
3636 billboards, [. Such bulk regulations may allow for cluster development, 12
3737 as defined in section 8-18] except as provided in subsection (f) of this 13
3838 section. 14 Raised Bill No. 5132
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4444 (2) Such zoning commission may divide the municipality into 15
4545 districts of such number, shape and area as may be best suited to carry 16
4646 out the purposes of this chapter; and, within such districts, it may 17
4747 regulate the erection, construction, reconstruction, alteration or use of 18
4848 buildings or structures and the use of land. All [such] zoning regulations 19
4949 shall be uniform for each class or kind of buildings, structures or use of 20
5050 land throughout each district, but the regulations in one district may 21
5151 differ from those in another district. [, and] 22
5252 (3) Zoning regulations may provide that certain classes or kinds of 23
5353 buildings, structures or uses of land are permitted only after obtaining 24
5454 a special permit or special exception from a zoning commission, 25
5555 planning commission, combined planning and zoning commission or 26
5656 zoning board of appeals, whichever commission or board the 27
5757 regulations may, notwithstanding any special act to the contrary, 28
5858 designate, subject to standards set forth in the regulations and to 29
5959 conditions necessary to protect the public health, safety, convenience 30
6060 and property values. [Such] 31
6161 (b) Zoning regulations adopted pursuant to subsection (a) of this 32
6262 section shall: [be] 33
6363 (1) Be made in accordance with a comprehensive plan and in 34
6464 [adopting such regulations the commission shall consider ] 35
6565 consideration of the plan of conservation and development [prepared] 36
6666 adopted under section 8-23; [. Such regulations shall be] 37
6767 (2) Be designed to (A) lessen congestion in the streets; [to] (B) secure 38
6868 safety from fire, panic, flood and other dangers; [to] (C) promote health 39
6969 and the general welfare; [to] (D) provide adequate light and air; [to] (E) 40
7070 prevent the overcrowding of land; [to] (F) avoid undue concentration of 41
7171 population; [and to] (G) facilitate the adequate provision for 42
7272 transportation, water, sewerage, schools, parks and other public 43
7373 requirements; [. Such regulations shall be] and (H) affirmatively further 44
7474 the purposes of the federal Fair Housing Act, 42 USC 3601 et seq., as 45
7575 amended from time to time; 46 Raised Bill No. 5132
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8181 (3) Be made with reasonable consideration as to [the character of the 47
8282 district and its peculiar] a district's suitability for particular uses and 48
8383 with a view to conserving the value of buildings and encouraging the 49
8484 most appropriate use of land throughout [such] a municipality; [. Such 50
8585 regulations may, to the extent consistent with soil types, terrain, 51
8686 infrastructure capacity and the plan of conservation and development 52
8787 for the community, provide for cluster development, as defined in 53
8888 section 8-18, in residential zones. Such regulations shall also encourage] 54
8989 (4) Provide for the development of housing opportunities, including 55
9090 opportunities for multifamily dwellings, consistent with soil types, 56
9191 terrain and infrastructure capacity, for all residents of the municipality 57
9292 and the planning region in which the municipality is located, as 58
9393 designated by the Secretary of the Office of Policy and Management 59
9494 under section 16a-4a; [. Such regulations shall also promote] 60
9595 (5) Promote housing choice and economic diversity in housing, 61
9696 including housing for both low and moderate income households; [, and 62
9797 shall encourage] 63
9898 (6) Provide for the development of housing which will meet the 64
9999 housing needs identified in the state's consolidated plan for housing and 65
100100 community development prepared pursuant to section 8-37t and in the 66
101101 housing component and the other components of the state plan of 67
102102 conservation and development prepared pursuant to section 16a-26; [. 68
103103 Zoning regulations shall be] 69
104104 (7) Be made with reasonable consideration for their impact on 70
105105 agriculture, as defined in subsection (q) of section 1-1; [.] 71
106106 (8) Provide that proper provisions be made for soil erosion and 72
107107 sediment control pursuant to section 22a-329; 73
108108 (9) Be made with reasonable consideration for the protection of 74
109109 existing and potential public surface and ground drinking water 75
110110 supplies; and 76 Raised Bill No. 5132
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116116 (10) In any municipality that is contiguous to Long Island Sound, (A) 77
117117 be made with reasonable consideration for the restoration and 78
118118 protection of the ecosystem and habitat of Long Island Sound; (B) be 79
119119 designed to reduce hypoxia, pathogens, toxic contaminants and 80
120120 floatable debris on Long Island Sound; and (C) provide that such 81
121121 municipality's zoning commission consider the environmental impact 82
122122 on Long Island Sound of any proposal for development. 83
123123 (c) Zoning regulations adopted pursuant to subsection (a) of this 84
124124 section may: [be] 85
125125 (1) To the extent consistent with soil types, terrain and infrastructure 86
126126 capacity for the community, provide for cluster development, as defined 87
127127 in section 8-18; 88
128128 (2) Be made with reasonable consideration for the protection of 89
129129 historic factors; [and shall be made with reasonable consideration for 90
130130 the protection of existing and potential public surface and ground 91
131131 drinking water supplies. On and after July 1, 1985, the regulations shall 92
132132 provide that proper provision be made for soil erosion and sediment 93
133133 control pursuant to section 22a-329. Such regulations may also 94
134134 encourage] 95
135135 (3) Encourage energy-efficient patterns of development, the use of 96
136136 solar and other renewable forms of energy, and energy conservation; [. 97
137137 The regulations may also provide] 98
138138 (4) Provide for incentives for developers who use passive solar 99
139139 energy techniques, as defined in subsection (b) of section 8-25, in 100
140140 planning a residential subdivision development, [. The incentives may 101
141141 include, but not be] including, but not limited to, cluster development, 102
142142 higher density development and performance standards for roads, 103
143143 sidewalks and underground facilities in the subdivision; [. Such 104
144144 regulations may provide] 105
145145 (5) Provide for a municipal system for the creation of development 106
146146 rights and the permanent transfer of such development rights, which 107 Raised Bill No. 5132
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152152 may include a system for the variance of density limits in connection 108
153153 with any such transfer; [. Such regulations may also provide] 109
154154 (6) Provide for notice requirements in addition to those required by 110
155155 this chapter; [. Such regulations may provide] 111
156156 (7) Provide for conditions on operations to collect spring water or 112
157157 well water, as defined in section 21a-150, including the time, place and 113
158158 manner of such operations; [. No such regulations shall prohibit] and 114
159159 (8) In any municipality where a traprock ridge or an amphibolite 115
160160 ridge is located, (A) provide for development restrictions in ridgeline 116
161161 setback areas; and (B) restrict quarrying and clear cutting, except that 117
162162 the following operations and uses shall be permitted in ridgeline setback 118
163163 areas, as of right: (i) Emergency work necessary to protect life and 119
164164 property; (ii) any nonconforming uses that were in existence and that 120
165165 were approved on or before the effective date of regulations adopted 121
166166 pursuant to this section; and (iii) selective timbering, grazing of 122
167167 domesticated animals and passive recreation. As used in this 123
168168 subdivision, "traprock ridge", "amphibolite ridge" and "ridgeline 124
169169 setback area" have the same meanings as provided in section 8-1aa. 125
170170 (d) Zoning regulations adopted pursuant to subsection (a) of this 126
171171 section shall not: 127
172172 (1) Prohibit the operation of any family child care home or group 128
173173 child care home in a residential zone; [. No such regulations shall 129
174174 prohibit] 130
175175 (2) (A) Prohibit the use of receptacles for the storage of items 131
176176 designated for recycling in accordance with section 22a-241b or require 132
177177 that such receptacles comply with provisions for bulk or lot area, or 133
178178 similar provisions, except provisions for side yards, rear yards and front 134
179179 yards; [. No such regulations shall] or (B) unreasonably restrict access to 135
180180 or the size of such receptacles for businesses, given the nature of the 136
181181 business and the volume of items designated for recycling in accordance 137
182182 with section 22a-241b, that such business produces in its normal course 138 Raised Bill No. 5132
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188188 of business, provided nothing in this section shall be construed to 139
189189 prohibit such regulations from requiring the screening or buffering of 140
190190 such receptacles for aesthetic reasons; [. Such regulations shall not 141
191191 impose] 142
192192 (3) Impose conditions and requirements on manufactured homes, 143
193193 including mobile manufactured homes, having as their narrowest 144
194194 dimension twenty-two feet or more and built in accordance with federal 145
195195 manufactured home construction and safety standards or on lots 146
196196 containing such manufactured homes, [which] including mobile 147
197197 manufactured home parks, if those conditions and requirements are 148
198198 substantially different from conditions and requirements imposed on 149
199199 (A) single-family dwellings; [and] (B) lots containing single-family 150
200200 dwellings; [. Such regulations shall not impose conditions and 151
201201 requirements on developments to be occupied by manufactured homes 152
202202 having as their narrowest dimension twenty-two feet or more and built 153
203203 in accordance with federal manufactured home construction and safety 154
204204 standards which are substantially different from conditions and 155
205205 requirements imposed on] or (C) multifamily dwellings, lots containing 156
206206 multifamily dwellings, cluster developments or planned unit 157
207207 developments; [. Such regulations shall not prohibit] 158
208208 (4) (A) Prohibit the continuance of any nonconforming use, building 159
209209 or structure existing at the time of the adoption of such regulations; [or] 160
210210 (B) require a special permit or special exception for any such 161
211211 continuance; [. Such regulations shall not] (C) provide for the 162
212212 termination of any nonconforming use solely as a result of nonuse for a 163
213213 specified period of time without regard to the intent of the property 164
214214 owner to maintain that use; [. Such regulations shall not] or (D) 165
215215 terminate or deem abandoned a nonconforming use, building or 166
216216 structure unless the property owner of such use, building or structure 167
217217 voluntarily discontinues such use, building or structure and such 168
218218 discontinuance is accompanied by an intent to not reestablish such use, 169
219219 building or structure. The demolition or deconstruction of a 170
220220 nonconforming use, building or structure shall not by itself be evidence 171
221221 of such property owner's intent to not reestablish such use, building or 172 Raised Bill No. 5132
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227227 structure; [. Unless such town opts out, in accordance with the 173
228228 provisions of subsection (j) of section 8-1bb, such regulations shall not 174
229229 prohibit] and 175
230230 (5) Prohibit the installation of temporary health care structures for 176
231231 use by mentally or physically impaired persons [in accordance with the 177
232232 provisions of section 8-1bb if such structures comply with the provisions 178
233233 of said section] pursuant to section 8-1bb, as amended by this act, unless 179
234234 the municipality opts out pursuant to subsection (j) of said section. 180
235235 (e) Any city, town or borough which adopts the provisions of this 181
236236 chapter may, by vote of its legislative body, exempt municipal property 182
237237 from the regulations prescribed by the zoning commission of such city, 183
238238 town or borough, [;] but unless it is so voted, municipal property shall 184
239239 be subject to such regulations. 185
240240 [(b) In any municipality that is contiguous to Long Island Sound the 186
241241 regulations adopted under this section shall be made with reasonable 187
242242 consideration for restoration and protection of the ecosystem and 188
243243 habitat of Long Island Sound and shall be designed to reduce hypoxia, 189
244244 pathogens, toxic contaminants and floatable debris in Long Island 190
245245 Sound. Such regulations shall provide that the commission consider the 191
246246 environmental impact on Long Island Sound of any proposal for 192
247247 development. 193
248248 (c) In any municipality where a traprock ridge, as defined in section 194
249249 8-1aa, or an amphibolite ridge, as defined in section 8-1aa, is located the 195
250250 regulations may provide for development restrictions in ridgeline 196
251251 setback areas, as defined in said section. The regulations may restrict 197
252252 quarrying and clear cutting, except that the following operations and 198
253253 uses shall be permitted in ridgeline setback areas, as of right: (1) 199
254254 Emergency work necessary to protect life and property; (2) any 200
255255 nonconforming uses that were in existence and that were approved on 201
256256 or before the effective date of regulations adopted under this section; 202
257257 and (3) selective timbering, grazing of domesticated animals and 203
258258 passive recreation.] 204 Raised Bill No. 5132
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264264 [(d)] (f) Any advertising sign or billboard that is not equipped with 205
265265 the ability to calibrate brightness or illumination shall be exempt from 206
266266 any municipal ordinance or regulation regulating such brightness or 207
267267 illumination that is adopted by a city, town or borough, pursuant to 208
268268 subsection (a) of this section, after the date of installation of such 209
269269 advertising sign or billboard. [pursuant to subsection (a) of this section.] 210
270270 Sec. 2. Section 8-30j of the general statutes is repealed and the 211
271271 following is substituted in lieu thereof (Effective July 1, 2020): 212
272272 (a) [At] (1) Not later than June 1, 2022, and at least once every five 213
273273 years thereafter, each municipality shall prepare or amend and adopt an 214
274274 affordable housing plan for the municipality and shall submit a copy of 215
275275 such plan to the Secretary of the Office of Policy and Management, who 216
276276 shall post such plan on the Internet web site of said office. Such plan 217
277277 shall specify how the municipality intends to increase the number of 218
278278 affordable housing developments in the municipality. 219
279279 (2) If, at the same time the municipality is required to submit to the 220
280280 Secretary of the Office of Policy and Management an affordable housing 221
281281 plan pursuant to subdivision (1) of this section, the municipality is also 222
282282 required to submit to the secretary a plan of conservation and 223
283283 development pursuant to section 8-23, such plan of conservation and 224
284284 development may be included as part of such affordable housing plan. 225
285285 The municipality may, to coincide with its submission to the secretary 226
286286 of a plan of conservation and development, submit to the secretary an 227
287287 affordable housing plan early, provided the municipality's next such 228
288288 submission of an affordable housing plan shall be five years thereafter. 229
289289 (b) The municipality may hold public informational meetings or 230
290290 organize other activities to inform residents about the process of 231
291291 preparing the plan and shall post a copy of any draft plan or amendment 232
292292 to such plan on the Internet web site of the municipality. If the 233
293293 municipality holds a public hearing, such posting shall occur at least 234
294294 thirty-five days prior to the public hearing. [on the adoption, the 235
295295 municipality shall file in the office of the town clerk of such municipality 236 Raised Bill No. 5132
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301301 a copy of such draft plan or any amendments to the plan, and if 237
302302 applicable, post such draft plan on the Internet web site of the 238
303303 municipality.] After adoption of the plan, the municipality shall file the 239
304304 final plan in the office of the town clerk of such municipality and [, if 240
305305 applicable,] post the plan on the Internet web site of the municipality. 241
306306 (c) Following adoption, the municipality shall regularly review and 242
307307 maintain such plan. The municipality may adopt such geographical, 243
308308 functional or other amendments to the plan or parts of the plan, in 244
309309 accordance with the provisions of this section, as it deems necessary. If 245
310310 the municipality fails to amend and submit to the Secretary of the Office 246
311311 of Policy and Management such plan every five years, the chief elected 247
312312 official of the municipality shall submit a letter to [the Commissioner of 248
313313 Housing] the secretary that (1) explains why such plan was not 249
314314 amended, and (2) designates a date by which an amended plan shall be 250
315315 submitted. 251
316316 Sec. 3. (NEW) (Effective July 1, 2020) (a) (1) The Secretary of the Office 252
317317 of Policy and Management, or the secretary's designee, shall convene 253
318318 and chair a working group to develop and recommend to the secretary 254
319319 guidelines and incentives for compliance with (A) the requirements for 255
320320 affordable housing plans prepared pursuant to section 8-30j of the 256
321321 general statutes, as amended by this act, and (B) subdivisions (4) to (6), 257
322322 inclusive, of subsection (b) of section 8-2 of the general statutes, as 258
323323 amended by this act. The working group shall also make 259
324324 recommendations to the secretary as to how such compliance should be 260
325325 determined, as well as the form and manner in which evidence of such 261
326326 compliance should be demonstrated. 262
327327 (2) The working group shall consist of the following members, who 263
328328 shall be appointed by the Secretary of the Office of Policy and 264
329329 Management, in consultation with the Commissioner of Housing, not 265
330330 later than sixty days after the effective date of this section: 266
331331 (A) The Secretary of the Office of Policy and Management, or the 267
332332 secretary's designee; 268 Raised Bill No. 5132
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338338 (B) The Commissioner of Housing, or the commissioner's designee; 269
339339 (C) Two representatives with expertise in fair housing issues; 270
340340 (D) Two representatives with expertise in state or local planning; 271
341341 (E) Two representatives of municipal advocacy organizations, one of 272
342342 whom is from the Connecticut Conference of Municipalities and one of 273
343343 whom is from the Connecticut Council of Small Towns; 274
344344 (F) One representative with expertise in addressing homelessness in 275
345345 the state; 276
346346 (G) One representative with expertise in state affordable housing 277
347347 policy; 278
348348 (H) One representative with expertise in the residential housing 279
349349 construction trade; and 280
350350 (I) One attorney with expertise in zoning practices that promote the 281
351351 creation of affordable housing opportunities. 282
352352 (3) Not later than December 1, 2020, the working group convened 283
353353 pursuant to this subsection shall provide its recommendations to the 284
354354 Secretary of the Office of Policy and Management. Not later than March 285
355355 1, 2021, the secretary shall submit a report regarding such 286
356356 recommendations, including any recommended legislation, to the joint 287
357357 standing committees of the General Assembly having cognizance of 288
358358 matters relating to planning and development and to housing, in 289
359359 accordance with section 11-4a of the general statutes. 290
360360 (b) (1) Not later than June 1, 2021, the Secretary of the Office of Policy 291
361361 and Management, in consultation with the working group convened 292
362362 pursuant to subsection (a) of this section, shall provide guidance to 293
363363 municipalities regarding the demonstration of compliance with section 294
364364 8-30j of the general statutes, as amended by this act, and subdivisions 295
365365 (4) to (6), inclusive, of subsection (b) of section 8-2 of the general statutes, 296
366366 as amended by this act. 297 Raised Bill No. 5132
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372372 (2) Not later than June 1, 2022, and at least once every five years 298
373373 thereafter, each municipality that has a zoning commission or a 299
374374 combined planning and zoning commission shall demonstrate, in a 300
375375 form and manner prescribed by the Secretary of the Office of Policy and 301
376376 Management, compliance with subdivisions (4) to (6), inclusive, of 302
377377 subsection (b) of section 8-2 of the general statutes, as amended by this 303
378378 act. The secretary shall post on the Internet web site of said office all 304
379379 evidence submitted by a municipality to demonstrate compliance in 305
380380 accordance with this subdivision. 306
381381 (3) Not later than June 1, 2027, and at least once every five years 307
382382 thereafter, each municipality shall demonstrate, in a form and manner 308
383383 prescribed by the Secretary of the Office of Policy and Management, 309
384384 compliance with section 8-30j of the general statutes, as amended by this 310
385385 act, except that, if the provision of guidance by the secretary as to said 311
386386 section under subdivision (1) of this subsection is delayed beyond June 312
387387 1, 2021, the time for satisfying the requirement to demonstrate such 313
388388 compliance shall be extended by the length of time of any such delay. 314
389389 The secretary shall post on the Internet web site of said office all 315
390390 evidence submitted by a municipality to demonstrate compliance in 316
391391 accordance with this subdivision. 317
392392 Sec. 4. Subsection (j) of section 8-1bb of the general statutes is repealed 318
393393 and the following is substituted in lieu thereof (Effective July 1, 2020): 319
394394 (j) A municipality, by vote of its legislative body or, in a municipality 320
395395 where the legislative body is a town meeting, by vote of the board of 321
396396 selectmen, may opt out of the provisions of this section and the 322
397397 [provision] provisions of subdivision (5) of subsection [(a)] (d) of section 323
398398 8-2, as amended by this act, regarding authorization for the installation 324
399399 of temporary health care structures, provided the zoning commission or 325
400400 combined planning and zoning commission of the municipality: (1) First 326
401401 holds a public hearing in accordance with the provisions of section 8-7d 327
402402 on such proposed opt-out, (2) affirmatively decides to opt out of the 328
403403 provisions of said sections within the period of time permitted under 329
404404 section 8-7d, (3) states upon its records the reasons for such decision, 330 Raised Bill No. 5132
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410410 and (4) publishes notice of such decision in a newspaper having a 331
411411 substantial circulation in the municipality not later than fifteen days 332
412412 after such decision has been rendered. 333
413413 This act shall take effect as follows and shall amend the following
414414 sections:
415415
416416 Section 1 July 1, 2020 8-2
417417 Sec. 2 July 1, 2020 8-30j
418418 Sec. 3 July 1, 2020 New section
419419 Sec. 4 July 1, 2020 8-1bb(j)
420420
421421 Statement of Purpose:
422422 To (1) restructure the Zoning Enabling Act for clarity, (2) promote the
423423 purposes of the federal Fair Housing Act, (3) provide an administrative
424424 mechanism to promote compliance with municipal affordable housing
425425 plans, and (4) require the Secretary of the Office of Policy and
426426 Management to convene a working group to study municipal affordable
427427 housing plans and zoning regulations.
428428 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
429429 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
430430 underlined.]
431431