Substitute House Bill No. 6107
Public Act No. 21-29
AN ACT CONCERNING THE ZONING ENABLING ACT,
ACCESSORY APARTMENTS, TRAINING FOR CERTAIN LAND USE
OFFICIALS, MUNICIPAL AFFORDABLE HOUSING PLANS AND A
COMMISSION ON CONNECTICUT’S DEVELOPMENT AND FUTURE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 8-1a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) "Municipality" as used in this chapter shall include a district
establishing a zoning commission under section 7-326. Wherever the
words "town" and "selectmen" appear in this chapter, they shall be
deemed to include "district" and "officers of such district", respectively.
(b) As used in this chapter and section 6 of this act:
(1) "Accessory apartment" means a separate dwelling unit that (A) is
located on the same lot as a principal dwelling unit of greater square
footage, (B) has cooking facilities, and (C) complies with or is otherwise
exempt from any applicable building code, fire code and health and
safety regulations;
(2) "Affordable accessory apartment" means an accessory apartment
that is subject to binding recorded deeds which contain covenants or Substitute House Bill No. 6107
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restrictions that require such accessory apartment be sold or rented at,
or below, prices that will preserve the unit as housing for which, for a
period of not less than ten years, persons and families pay thirty per cent
or less of income, where such income is less than or equal to eighty per
cent of the median income;
(3) "As of right" means able to be approved in accordance with the
terms of a zoning regulation or regulations and without requiring that
a public hearing be held, a variance, special permit or special exception
be granted or some other discretionary zoning action be taken, other
than a determination that a site plan is in conformance with applicable
zoning regulations;
(4) "Cottage cluster" means a grouping of at least four detached
housing units, or live work units, per acre that are located around a
common open area;
(5) "Middle housing" means duplexes, triplexes, quadplexes, cottage
clusters and townhouses;
(6) "Mixed-use development" means a development containing both
residential and nonresidential uses in any single building; and
(7) "Townhouse" means a residential building constructed in a
grouping of three or more attached units, each of which shares at least
one common wall with an adjacent unit and has exterior walls on at least
two sides.
Sec. 2. Section 8-1c of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) Any municipality may, by ordinance, establish a schedule of
reasonable fees for the processing of applications by a municipal zoning
commission, planning commission, combined planning and zoning
commission, zoning board of appeals or inland wetlands commission. Substitute House Bill No. 6107
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Such schedule shall supersede any specific fees set forth in the general
statutes, or any special act or established by a planning commission
under section 8-26.
(b) A municipality may, by regulation, require any person applying
to a municipal zoning commission, planning commission, combined
planning and zoning commission, zoning board of appeals or inland
wetlands commission for approval of an application to pay the cost of
reasonable fees associated with any necessary review by consultants
with expertise in land use of any particular technical aspect of such
application, such as regarding traffic or stormwater, for the benefit of
such commission or board. Any such fees shall be accounted for
separately from other funds of such commission or board and shall be
used only for expenses associated with the technical review by
consultants who are not salaried employees of the municipality or such
commission or board. Any amount of the fee remaining after payment
of all expenses for such technical review, including any interest accrued,
shall be returned to the applicant not later than forty-five days after the
completion of the technical review.
(c) No municipality may adopt a schedule of fees under subsection
(a) of this section that results in higher fees for (1) development projects
built using the provisions of section 8-30g, as amended by this act, or (2)
residential buildings containing four or more dwelling units, than for
other residential dwellings, including, but not limited to, higher fees per
dwelling unit, per square footage or per unit of construction cost.
Sec. 3. Subsection (j) of section 8-1bb of the general statutes is repealed
and the following is substituted in lieu thereof (Effective October 1, 2021):
(j) A municipality, by vote of its legislative body or, in a municipality
where the legislative body is a town meeting, by vote of the board of
selectmen, may opt out of the provisions of this section and the
[provision] provisions of subdivision (5) of subsection [(a)] (d) of section Substitute House Bill No. 6107
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8-2, as amended by this act, regarding authorization for the installation
of temporary health care structures, provided the zoning commission or
combined planning and zoning commission of the municipality: (1) First
holds a public hearing in accordance with the provisions of section 8-7d
on such proposed opt-out, (2) affirmatively decides to opt out of the
provisions of said sections within the period of time permitted under
section 8-7d, (3) states upon its records the reasons for such decision,
and (4) publishes notice of such decision in a newspaper having a
substantial circulation in the municipality not later than fifteen days
after such decision has been rendered.
Sec. 4. Section 8-2 of the general statutes is repealed and the following
is substituted in lieu thereof (Effective October 1, 2021):
(a) (1) The zoning commission of each city, town or borough is
authorized to regulate, within the limits of such municipality: [, the] (A)
The height, number of stories and size of buildings and other structures;
(B) the percentage of the area of the lot that may be occupied; (C) the
size of yards, courts and other open spaces; (D) the density of
population and the location and use of buildings, structures and land
for trade, industry, residence or other purposes, including water-
dependent uses, as defined in section 22a-93; [,] and (E) the height, size,
location, brightness and illumination of advertising signs and
billboards, [. Such bulk regulations may allow for cluster development,
as defined in section 8-18] except as provided in subsection (f) of this
section.
(2) Such zoning commission may divide the municipality into
districts of such number, shape and area as may be best suited to carry
out the purposes of this chapter; and, within such districts, it may
regulate the erection, construction, reconstruction, alteration or use of
buildings or structures and the use of land. All [such] zoning regulations
shall be uniform for each class or kind of buildings, structures or use of
land throughout each district, but the regulations in one district may Substitute House Bill No. 6107
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differ from those in another district. [, and]
(3) Such zoning regulations may provide that certain classes or kinds
of buildings, structures or [uses] use of land are permitted only after
obtaining a special permit or special exception from a zoning
commission, planning commission, combined planning and zoning
commission or zoning board of appeals, whichever commission or
board the regulations may, notwithstanding any special act to the
contrary, designate, subject to standards set forth in the regulations and
to conditions necessary to protect the public health, safety, convenience
and property values. [Such regulations shall be]
(b) Zoning regulations adopted pursuant to subsection (a) of this
section shall:
(1) Be made in accordance with a comprehensive plan and in
[adopting such regulations the commission shall consider ]
consideration of the plan of conservation and development [prepared]
adopted under section 8-23; [. Such regulations shall be]
(2) Be designed to (A) lessen congestion in the streets; [to] (B) secure
safety from fire, panic, flood and other dangers; [to] (C) promote health
and the general welfare; [to] (D) provide adequate light and air; [to
prevent the overcrowding of land; to avoid undue concentration of
population and to] (E) protect the state's historic, tribal, cultural and
environmental resources; (F) facilitate the adequate provision for
transportation, water, sewerage, schools, parks and other public
requirements; [. Such regulations shall be made] (G) consider the impact
of permitted land uses on contiguous municipalities and on the
planning region, as defined in section 4-124i, in which such municipality
is located; (H) address significant disparities in housing needs and
access to educational, occupational and other opportunities; (I) promote
efficient review of proposals and applications; and (J) affirmatively
further the purposes of the federal Fair Housing Act, 42 USC 3601 et Substitute House Bill No. 6107
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seq., as amended from time to time;
(3) Be drafted with reasonable consideration as to the [character]
physical site characteristics of the district and its peculiar suitability for
particular uses and with a view to [conserving the value of buildings
and] encouraging the most appropriate use of land throughout [such] a
municipality; [. Such regulations may, to the extent consistent with soil
types, terrain, infrastructure capacity and the plan of conservation and
development for the community, provide for cluster development, as
defined in section 8-18, in residential zones. Such regulations shall also
encourage]
(4) Provide for the development of housing opportunities, including
opportunities for multifamily dwellings, consistent with soil types,
terrain and infrastructure capacity, for all residents of the municipality
and the planning region in which the municipality is located, as
designated by the Secretary of the Office of Policy and Management
under section 16a-4a; [. Such regulations shall also promote]
(5) Promote housing choice and economic diversity in housing,
including housing for both low and moderate income households; [, and
shall encourage]
(6) Expressly allow the development of housing which will meet the
housing needs identified in the state's consolidated plan for housing and
community development prepared pursuant to section 8-37t and in the
housing component and the other components of the state plan of
conservation and development prepared pursuant to section 16a-26; [.
Zoning regulations shall be]
(7) Be made with reasonable consideration for [their] the impact of
such regulations on agriculture, as defined in subsection (q) of section
1-1; [.]
(8) Provide that proper provisions be made for soil erosion and Substitute House Bill No. 6107
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sediment control pursuant to section 22a-329;
(9) Be made with reasonable consideration for the protection of
existing and potential public surface and ground drinking water
supplies; and
(10) In any municipality that is contiguous to or on a navigable
waterway draining to Long Island Sound, (A) be made with reasonable
consideration for the restoration and protection of the ecosystem and
habitat of Long Island Sound; (B) be designed to reduce hypoxia,
pathogens, toxic contaminants and floatable debris on Long Island
Sound; and (C) provide that such municipality's zoning commission
consider the environmental impact on Long Island Sound coastal
resources, as defined in section 22a-93, of any proposal for development.
(c) Zoning regulations adopted pursuant to subsection (a) of this
section may: [be]
(1) To the extent consistent with soil types, terrain and water, sewer
and traffic infrastructure capacity for the community, provide for or
require cluster development, as defined in section 8-18;
(2) Be made with reasonable consideration for the protection of
historic factors; [and shall be made with reasonable consideration for
the protection of existing and potential public surface and ground
drinking water supplies. On and after July 1, 1985, the regulations shall
provide that proper provision be made for soil erosion and sediment
control pursuant to section 22a-329. Such regulations may also
encourage]
(3) Require or promote (A) energy-efficient patterns of development;
[,] (B) the use of distributed generation or freestanding solar, wind and
other renewable forms of energy; [,] (C) combined heat and power; and
(D) energy conservation; [. The regulations may also provide] Substitute House Bill No. 6107
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(4) Provide for incentives for developers who use [passive solar
energy techniques, as defined in subsection (b) of section 8-25, in
planning a residential subdivision development. The incentives may
include, but not be] (A) solar and other renewable forms of energy; (B)
combined heat and power; (C) water conservation, including demand
offsets; and (D) energy conservation techniques, including, but not
limited to, cluster development, higher density development and
performance standards for roads, sidewalks and underground facilities
in the subdivision; [. Such regulations may provide]
(5) Provide for a municipal system for the creation of development
rights and the permanent transfer of such development rights, which
may include a system for the variance of density limits in connection
with any such transfer; [. Such regulations may also provide]
(6) Provide for notice requirements in addition to those required by
this chapter; [. Such regulations may provide]
(7) Provide for conditions on operations to collect spring water or
well water, as defined in section 21a-150, including the time, place and
manner of such operations; [. No such regulations shall prohibit]
(8) Provide for floating zones, overlay zones and planned
development districts;
(9) Require estimates of vehicle miles traveled and vehicle trips
generated in lieu of, or in addition to, level of service traffic calculations
to assess (A) the anticipated traffic impact of proposed developments;
and (B) potential mitigation strategies such as reducing the amount of
required parking for a development or requiring public sidewalks,
crosswalks, bicycle paths, bicycle racks or bus shelters, including off-
site; and
(10) In any municipality where a traprock ridge or an amphibolite
ridge is located, (A) provide for development restrictions in ridgeline Substitute House Bill No. 6107
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setback areas; and (B) restrict quarrying and clear cutting, except that
the following operations and uses shall be permitted in ridgeline setback
areas, as of right: (i) Emergency work necessary to protect life and
property; (ii) any nonconforming uses that were in existence and that
were approved on or before the effective date of regulations adopted
pursuant to this section; and (iii) selective timbering, grazing of
domesticated animals and passive recreation.
(d) Zoning regulations adopted pursuant to subsection (a) of this
section shall not:
(1) Prohibit the operation of any family child care home or group
child care home in a residential zone; [. No such regulations shall
prohibit]
(2) (A) Prohibit the use of receptacles for the storage of items
designated for recycling in accordance with section 22a-241b or require
that such receptacles comply with provisions for bulk or lot area, or
similar provisions, except provisions for side yards, rear yards and front
yards; [. No such regulations shall] or (B) unreasonably restrict access to
or the size of such receptacles for businesses, given the nature of the
business and the volume of items designated for recycling in accordance
with section 22a-241b, that such business produces in its normal course
of business, provided nothing in this section shall be construed to
prohibit such regulations from requiring the screening or buffering of
such receptacles for aesthetic reasons; [. Such regulations shall not
impose]
(3) Impose conditions and requirements on manufactured homes,
including mobile manufactured homes, having as their narrowest
dimension twenty-two feet or more and built in accordance with federal
manufactured home construction and safety standards or on lots
containing such manufactured homes, [which] including mobile
manufactured home parks, if those conditions and requirements are Substitute House Bill No. 6107
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substantially different from conditions and requirements imposed on
(A) single-family dwellings; [and] (B) lots containing single-family
dwellings; [. Such regulations shall not impose conditions and
requirements on developments to be occupied by manufactured homes
having as their narrowest dimension twenty-two feet or more and built
in accordance with federal manufactured home construction and safety
standards which are substantially different from conditions and
requirements imposed on] or (C) multifamily dwellings, lots containing
multifamily dwellings, cluster developments or planned unit
developments; [. Such regulations shall not prohibit]
(4) (A) Prohibit the continuance of any nonconforming use, building
or structure existing at the time of the adoption of such regulations; [or]
(B) require a special permit or special exception for any such
continuance; [. Such regulations shall not] (C) provide for the
termination of any nonconforming use solely as a result of nonuse for a
specified period of time without regard to the intent of the property
owner to maintain that use; [. Such regulations shall not] or (D)
terminate or deem abandoned a nonconforming use, building or
structure unless the property owner of such use, building or structure
voluntarily discontinues such use, building or structure and such
discontinuance is accompanied by an intent to not reestablish such use,
building or structure. The demolition or deconstruction of a
nonconforming use, building or structure shall not by itself be evidence
of such property owner's intent to not reestablish such use, building or
structure; [. Unless such town opts out, in accordance with the
provisions of subsection (j) of section 8-1bb, such regulations shall not
prohibit]
(5) Prohibit the installation, in accordance with the provisions of
section 8-1bb, as amended by this act, of temporary health care
structures for use by mentally or physically impaired persons [in
accordance with the provisions of section 8-1bb] if such structures Substitute House Bill No. 6107
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comply with the provisions of said section, [.] unless the municipality
opts out in accordance with the provisions of subsection (j) of said
section;
(6) Prohibit the operation in a residential zone of any cottage food
operation, as defined in section 21a-62b;
(7) Establish for any dwelling unit a minimum floor area that is
greater than the minimum floor area set forth in the applicable building,
housing or other code;
(8) Place a fixed numerical or percentage cap on the number of
dwelling units that constitute multifamily housing over four units,
middle housing or mixed-use development that may be permitted in the
municipality;
(9) Require more than one parking space for each studio or one-
bedroom dwelling unit or more than two parking spaces for each
dwelling unit with two or more bedrooms, unless the municipality opts
out in accordance with the provisions of section 5 of this act; or
(10) Be applied to deny any land use application, including for any
site plan approval, special permit, special exception or other zoning
approval, on the basis of (A) a district's character, unless such character
is expressly articulated in such regulations by clear and explicit physical
standards for site work and structures, or (B) the immutable
characteristics, source of income or income level of any applicant or end
user, other than age or disability whenever age-restricted or disability-
restricted housing may be permitted.
(e) Any city, town or borough which adopts the provisions of this
chapter may, by vote of its legislative body, exempt municipal property
from the regulations prescribed by the zoning commission of such city,
town or borough, [;] but unless it is so voted, municipal property shall
be subject to such regulations. Substitute House Bill No. 6107
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[(b) In any municipality that is contiguous to Long Island Sound the
regulations adopted under this section shall be made with reasonable
consideration for restoration and protection of the ecosystem and
habitat of Long Island Sound and shall be designed to reduce hypoxia,
pathogens, toxic contaminants and floatable debris in Long Island
Sound. Such regulations shall provide that the commission consider the
environmental impact on Long Island Sound of any proposal for
development.
(c) In any municipality where a traprock ridge, as defined in section
8-1aa, or an amphibolite ridge, as defined in section 8-1aa, is located the
regulations may provide for development restrictions in ridgeline
setback areas, as defined in said section. The regulations may restrict
quarrying and clear cutting, except that the following operations and
uses shall be permitted in ridgeline setback areas, as of right: (1)
Emergency work necessary to protect life and property; (2) any
nonconforming uses that were in existence and that were approved on
or before the effective date of regulations adopted under this section;
and (3) selective timbering, grazing of domesticated animals and
passive recreation.]
[(d)] (f) Any advertising sign or billboard that is not equipped with
the ability to calibrate brightness or illumination shall be exempt from
any municipal ordinance or regulation regulating such brightness or
illumination that is adopted by a city, town or borough, pursuant to
subsection (a) of this section, after the date of installation of such
advertising sign or billboard. [pursuant to subsection (a) of this section.]
Sec. 5. (NEW) (Effective October 1, 2021) The zoning commission or
combined planning and zoning commission, as applicable, of a
municipality, by a two-thirds vote, may initiate the process by which
such municipality opts out of the provision of subdivision (9) of
subsection (d) of section 8-2 of the general statutes, as amended by this
act, regarding limitations on parking spaces for dwelling units, Substitute House Bill No. 6107
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provided such commission: (1) First holds a public hearing in
accordance with the provisions of section 8-7d of the general statutes on
such proposed opt-out, (2) affirmatively decides to opt out of the
provision of said subsection within the period of time permitted under
section 8-7d of the general statutes, (3) states upon its records the
reasons for such decision, and (4) publishes notice of such decision in a
newspaper having a substantial circulation in the municipality not later
than fifteen days after such decision has been rendered. Thereafter, the
municipality's legislative body or, in a municipality where the
legislative body is a town meeting, its board of selectmen, by a two-
thirds vote, may complete the process by which such municipality opts
out of the provision of subsection (d) of section 8-2 of the general
statutes, as amended by this act.
Sec. 6. (NEW) (Effective January 1, 2022) (a) Any zoning regulations
adopted pursuant to section 8-2 of the general statutes, as amended by
this act, shall:
(1) Designate locations or zoning districts within the municipality in
which accessory apartments are allowed, provided at least one
accessory apartment shall be allowed as of right on each lot that contains
a single-family dwelling and no such accessory apartment shall be
required to be an affordable accessory apartment;
(2) Allow accessory apartments to be attached to or located within the
proposed or existing principal dwelling, or detached from the proposed
or existing principal dwelling and located on the same lot as such
dwelling;
(3) Set a maximum net floor area for an accessory apartment of not
less than thirty per cent of the net floor area of the principal dwelling, or
one thousand square feet, whichever is less, except that such regulations
may allow a larger net floor area for such apartments; Substitute House Bill No. 6107
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(4) Require setbacks, lot size and building frontage less than or equal
to that which is required for the principal dwelling, and require lot
coverage greater than or equal to that which is required for the principal
dwelling;
(5) Provide for height, landscaping and architectural design
standards that do not exceed any such standards as they are applied to
single-family dwellings in the municipality;
(6) Be prohibited from requiring (A) a passageway between any such
accessory apartment and any such principal dwelling, (B) an exterior
door for any such accessory apartment, except as required by the
applicable building or fire code, (C) any more than one parking space
for any such accessory apartment, or fees in lieu of parking otherwise
allowed by section 8-2c of the general statutes, (D) a familial, marital or
employment relationship between occupants of the principal dwelling
and accessory apartment, (E) a minimum age for occupants of the
accessory apartment, (F) separate billing of utilities otherwise connected
to, or used by, the principal dwelling unit, or (G) periodic renewals for
permits for such accessory apartments; and
(7) Be interpreted and enforced such that nothing in this section shall
be in derogation of (A) applicable building code requirements, (B) the
ability of a municipality to prohibit or limit the use of accessory
apartments for short-term rentals or vacation stays, or (C) other
requirements where a well or private sewerage system is being used,
provided approval for any such accessory apartment shall not be
unreasonably withheld.
(b) The as of right permit application and review process for approval
of accessory apartments shall require that a decision on any such
application be rendered not later than sixty-five days after receipt of
such application by the applicable zoning commission, except that an
applicant may consent to one or more extensions of not more than an Substitute House Bill No. 6107
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additional sixty-five days or may withdraw such application.
(c) A municipality shall not (1) condition the approval of an accessory
apartment on the correction of a nonconforming use, structure or lot, or
(2) require the installation of fire sprinklers in an accessory apartment if
such sprinklers are not required for the principal dwelling located on
the same lot or otherwise required by the fire code.
(d) A municipality, special district, sewer or water authority shall not
(1) consider an accessory apartment to be a new residential use for the
purposes of calculating connection fees or capacity charges for utilities,
including water and sewer service, unless such accessory apartment
was constructed with a new single-family dwelling on the same lot, or
(2) require the installation of a new or separate utility connection
directly to an accessory apartment or impose a related connection fee or
capacity charge.
(e) If a municipality fails to adopt new regulations or amend existing
regulations by January 1, 2023, for the purpose of complying with the
provisions of subsections (a) to (d), inclusive, of this section, and unless
such municipality opts out of the provisions of said subsections in
accordance with the provisions of subsection (f) of this section, any
noncompliant existing regulation shall become null and void and such
municipality shall approve or deny applications for accessory
apartments in accordance with the requirements for regulations set
forth in the provisions of subsections (a) to (d), inclusive, of this section
until such municipality adopts or amends a regulation in compliance
with said subsections. A municipality may not use or impose additional
standards beyond those set forth in subsections (a) to (d), inclusive, of
this section.
(f) Notwithstanding the provisions of subsections (a) to (d), inclusive,
of this section, the zoning commission or combined planning and
zoning commission, as applicable, of a municipality, by a two-thirds Substitute House Bill No. 6107
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vote, may initiate the process by which such municipality opts out of
the provisions of said subsections regarding allowance of accessory
apartments, provided such commission: (1) First holds a public hearing
in accordance with the provisions of section 8-7d of the general statutes
on such proposed opt-out, (2) affirmatively decides to opt out of the
provisions of said subsections within the period of time permitted under
section 8-7d of the general statutes, (3) states upon its records the
reasons for such decision, and (4) publishes notice of such decision in a
newspaper having a substantial circulation in the municipality not later
than fifteen days after such decision has been rendered. Thereafter, the
municipality's legislative body or, in a municipality where the
legislative body is a town meeting, its board of selectmen, by a two-
thirds vote, may complete the process by which such municipality opts
out of the provisions of subsections (a) to (d), inclusive, of this section,
except that, on and after January 1, 2023, no municipality may opt out
of the provisions of said subsections.
Sec. 7. Subsection (k) of section 8-30g of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(k) The affordable housing appeals procedure established under this
section shall not be available if the real property which is the subject of
the application is located in a municipality in which at least ten per cent
of all dwelling units in the municipality are (1) assisted housing, (2)
currently financed by Connecticut Housing Finance Authority
mortgages, (3) subject to binding recorded deeds containing covenants
or restrictions which require that such dwelling units be sold or rented
at, or below, prices which will preserve the units as housing for which
persons and families pay thirty per cent or less of income, where such
income is less than or equal to eighty per cent of the median income, (4)
mobile manufactured homes located in mobile manufactured home
parks or legally approved accessory apartments, which homes or Substitute House Bill No. 6107
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apartments are subject to binding recorded deeds containing covenants
or restrictions which require that such dwelling units be sold or rented
at, or below, prices which will preserve the units as housing for which,
for a period of not less than ten years, persons and families pay thirty
per cent or less of income, where such income is less than or equal to
eighty per cent of the median income, or (5) mobile manufactured
homes located in resident-owned mobile manufactured home parks. For
the purposes of calculating the total number of dwelling units in a
municipality, accessory apartments built or permitted after January 1,
2022, but that are not described in subdivision (4) of this subsection,
shall not be counted toward such total number. The municipalities
meeting the criteria set forth in this subsection shall be listed in the
report submitted under section 8-37qqq. As used in this subsection,
"accessory apartment" [means a separate living unit that (A) is attached
to the main living unit of a house, which house has the external
appearance of a single-family residence, (B) has a full kitchen, (C) has a
square footage that is not more than thirty per cent of the total square
footage of the house, (D) has an internal doorway connecting to the main
living unit of the house, (E) is not billed separately from such main
living unit for utilities, and (F) complies with the building code and
health and safety regulations] has the same meaning as provided in
section 8-1a, as amended by this act, and "resident-owned mobile
manufactured home park" means a mobile manufactured home park
consisting of mobile manufactured homes located on land that is deed
restricted, and, at the time of issuance of a loan for the purchase of such
land, such loan required seventy-five per cent of the units to be leased
to persons with incomes equal to or less than eighty per cent of the
median income, and either [(i)] (A) forty per cent of said seventy-five
per cent to be leased to persons with incomes equal to or less than sixty
per cent of the median income, or [(ii)] (B) twenty per cent of said
seventy-five per cent to be leased to persons with incomes equal to or
less than fifty per cent of the median income. Substitute House Bill No. 6107
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Sec. 8. Subsection (e) of section 8-3 of the general statutes is repealed
and the following is substituted in lieu thereof (Effective October 1, 2021):
(e) (1) The zoning commission shall provide for the manner in which
the zoning regulations shall be enforced, except that any person
appointed as a zoning enforcement officer on or after January 1, 2023,
shall be certified in accordance with the provisions of subdivision (2) of
this subsection.
(2) Beginning January 1, 2023, and annually thereafter, each person
appointed as a zoning enforcement officer shall obtain certification from
the Connecticut Association of Zoning Enforcement Officials and
maintain such certification for the duration of employment as a zoning
enforcement officer.
Sec. 9. (NEW) (Effective from passage) (a) On and after January 1, 2023,
each member of a municipal planning commission, zoning commission,
combined planning and zoning commission and zoning board of
appeals shall complete at least four hours of training. Any such member
serving on any such commission or board as of January 1, 2023, shall
complete such initial training by January 1, 2024, and shall complete any
subsequent training every other year thereafter. Any such member not
serving on any such commission or board as of January 1, 2023, shall
complete such initial training not later than one year after such
member's election or appointment to such commission or board and
shall complete any subsequent training every other year thereafter. Such
training shall include at least one hour concerning affordable and fair
housing policies and may also consist of (1) process and procedural
matters, including the conduct of effective meetings and public hearings
and the Freedom of Information Act, as defined in section 1-200 of the
general statutes, (2) the interpretation of site plans, surveys, maps and
architectural conventions, and (3) the impact of zoning on the
environment, agriculture and historic resources. Substitute House Bill No. 6107
Public Act No. 21-29 19 of 28
(b) Not later than January 1, 2022, the Secretary of the Office of Policy
and Management shall establish guidelines for such training in
collaboration with land use training providers, including, but not
limited to, the Connecticut Association of Zoning Enforcement Officials,
the Connecticut Conference of Municipalities, the Connecticut Chapter
of the American Planning Association, the Land Use Academy at the
Center for Land Use Education and Research at The University of
Connecticut, the Connecticut Bar Association, regional councils of
governments and other nonprofit or educational institutions that
provide land use training, except that if the secretary fails to establish
such guidelines, such land use training providers may create and
administer appropriate training for members of commissions and
boards described in subsection (a) of this section, which may be used by
such members for the purpose of complying with the provisions of said
subsection.
(c) Not later than March 1, 2024, and annually thereafter, the planning
commission, zoning commission, combined planning and zoning
commission and zoning board of appeals, as applicable, in each
municipality shall submit a statement to such municipality's legislative
body or, in a municipality where the legislative body is a town meeting,
its board of selectmen, affirming compliance with the training
requirement established pursuant to subsection (a) of this section by
each member of such commission or board required to complete such
training in the calendar year ending the preceding December thirty-first.
Sec. 10. Section 7-245 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
For the purposes of this chapter: (1) "Acquire a sewerage system"
means obtain title to all or any part of a sewerage system or any interest
therein by purchase, condemnation, grant, gift, lease, rental or
otherwise; (2) "alternative sewage treatment system" means a sewage
treatment system serving one or more buildings that utilizes a method Substitute House Bill No. 6107
Public Act No. 21-29 20 of 28
of treatment other than a subsurface sewage disposal system and that
involves a discharge to the groundwaters of the state; (3) "community
sewerage system" means any sewerage system serving two or more
residences in separate structures which is not connected to a municipal
sewerage system or which is connected to a municipal sewerage system
as a distinct and separately managed district or segment of such system,
but does not include any sewerage system serving only a principal
dwelling unit and an accessory apartment, as defined in section 8-1a, as
amended by this act, located on the same lot; (4) "construct a sewerage
system" means to acquire land, easements, rights-of-way or any other
real or personal property or any interest therein, plan, construct,
reconstruct, equip, extend and enlarge all or any part of a sewerage
system; (5) "decentralized system" means managed subsurface sewage
disposal systems, managed alternative sewage treatment systems or
community sewerage systems that discharge sewage flows of less than
five thousand gallons per day, are used to collect and treat domestic
sewage, and involve a discharge to the groundwaters of the state from
areas of a municipality; (6) "decentralized wastewater management
district" means areas of a municipality designated by the municipality
through a municipal ordinance when an engineering report has
determined that the existing subsurface sewage disposal systems may
be detrimental to public health or the environment and that
decentralized systems are required and such report is approved by the
Commissioner of Energy and Environmental Protection with
concurring approval by the Commissioner of Public Health, after
consultation with the local director of health; (7) "municipality" means
any metropolitan district, town, consolidated town and city,
consolidated town and borough, city, borough, village, fire and sewer
district, sewer district and each municipal organization having
authority to levy and collect taxes; (8) "operate a sewerage system"
means own, use, equip, reequip, repair, maintain, supervise, manage,
operate and perform any act pertinent to the collection, transportation
and disposal of sewage; (9) "person" means any person, partnership, Substitute House Bill No. 6107
Public Act No. 21-29 21 of 28
corporation, limited liability company, association or public agency; (10)
"remediation standards" means pollutant limits, performance
requirements, design parameters or technical standards for application
to existing sewage discharges in a decentralized wastewater
management district for the improvement of wastewater treatment to
protect public health and the environment; (11) "sewage" means any
substance, liquid or solid, which may contaminate or pollute or affect
the cleanliness or purity of any water; and (12) "sewerage system" means
any device, equipment, appurtenance, facility and method for
collecting, transporting, receiving, treating, disposing of or discharging
sewage, including, but not limited to, decentralized systems within a
decentralized wastewater management district when such district is
established by municipal ordinance pursuant to section 7-247.
Sec. 11. Subsection (b) of section 7-246 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(b) Each municipal water pollution control authority designated in
accordance with this section may prepare and periodically update a
water pollution control plan for the municipality. Such plan shall
designate and delineate the boundary of: (1) Areas served by any
municipal sewerage system; (2) areas where municipal sewerage
facilities are planned and the schedule of design and construction
anticipated or proposed; (3) areas where sewers are to be avoided; (4)
areas served by any community sewerage system not owned by a
municipality; (5) areas to be served by any proposed community
sewerage system not owned by a municipality; and (6) areas to be
designated as decentralized wastewater management districts. Such
plan may designate and delineate specific allocations of capacity to
serve areas that are able to be developed for residential or mixed-use
buildings containing four or more dwelling units. Such plan shall also
describe the means by which municipal programs are being carried out Substitute House Bill No. 6107
Public Act No. 21-29 22 of 28
to avoid community pollution problems and describe any programs
wherein the local director of health manages subsurface sewage
disposal systems. The authority shall file a copy of the plan and any
periodic updates of such plan with the Commissioner of Energy and
Environmental Protection and shall manage or ensure the effective
supervision, management, control, operation and maintenance of any
community sewerage system or decentralized wastewater management
district not owned by a municipality.
Sec. 12. Section 8-30j of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) (1) [At] Not later than June 1, 2022, and at least once every five
years thereafter, each municipality shall prepare or amend and adopt an
affordable housing plan for the municipality and shall submit a copy of
such plan to the Secretary of the Office of Policy and Management, who
shall post such plan on the Internet web site of said office. Such plan
shall specify how the municipality intends to increase the number of
affordable housing developments in the municipality.
(2) If, at the same time the municipality is required to submit to the
Secretary of the Office of Policy and Management an affordable housing
plan pursuant to subdivision (1) of this subsection, the municipality is
also required to submit to the secretary a plan of conservation and
development pursuant to section 8-23, such affordable housing plan
may be included as part of such plan of conservation and development.
The municipality may, to coincide with its submission to the secretary
of a plan of conservation and development, submit to the secretary an
affordable housing plan early, provided the municipality's next such
submission of an affordable housing plan shall be five years thereafter.
(b) The municipality may hold public informational meetings or
organize other activities to inform residents about the process of
preparing the plan and shall post a copy of any draft plan or amendment Substitute House Bill No. 6107
Public Act No. 21-29 23 of 28
to such plan on the Internet web site of the municipality. If the
municipality holds a public hearing, such posting shall occur at least
thirty-five days prior to the public hearing. [on the adoption, the
municipality shall file in the office of the town clerk of such municipality
a copy of such draft plan or any amendments to the plan, and if
applicable, post such draft plan on the Internet web site of the
municipality.] After adoption of the plan, the municipality shall file the
final plan in the office of the town clerk of such municipality and [, if
applicable,] post the plan on the Internet web site of the municipality.
(c) Following adoption, the municipality shall regularly review and
maintain such plan. The municipality may adopt such geographical,
functional or other amendments to the plan or parts of the plan, in
accordance with the provisions of this section, as it deems necessary. If
the municipality fails to amend and submit to the Secretary of the Office
of Policy and Management such plan every five years, the chief elected
official of the municipality shall submit a letter to the [Commissioner of
Housing] secretary that (1) explains why such plan was not amended,
and (2) designates a date by which an amended plan shall be submitted.
Sec. 13. (Effective from passage) (a) There is established a Commission
on Connecticut's Development and Future within the Legislative
Department, which shall evaluate policies related to land use,
conservation, housing affordability and infrastructure.
(b) The commission shall consist of the following members:
(1) Two appointed by the speaker of the House of Representatives,
one of whom is a member of the General Assembly not described in
subdivision (7), (8), (9) or (10) of this subsection and one of whom is a
representative of a municipal advocacy organization;
(2) Two appointed by the president pro tempore of the Senate, one of
whom is a member of the General Assembly not described in Substitute House Bill No. 6107
Public Act No. 21-29 24 of 28
subdivision (7), (8), (9) or (10) of this subsection and one of whom has
expertise in state or local planning;
(3) Two appointed by the majority leader of the House of
Representatives, one of whom has expertise in state affordable housing
policy and one of whom represents a town with a population of greater
than thirty thousand but less than seventy-five thousand;
(4) Two appointed by the majority leader of the Senate, one of whom
has expertise in zoning policy and one of whom has expertise in
community development policy;
(5) Two appointed by the minority leader of the House of
Representatives, one of whom has expertise in environmental policy
and one of whom is a representative of a municipal advocacy
organization;
(6) Two appointed by the minority leader of the Senate, one of whom
has expertise in homebuilding and one of whom is a representative of
the Connecticut Association of Councils of Governments;
(7) The chairpersons and ranking members of the joint standing
committee of the General Assembly having cognizance of matters
relating to planning and development;
(8) The chairpersons and ranking members of the joint standing
committee of the General Assembly having cognizance of matters
relating to the environment;
(9) The chairpersons and ranking members of the joint standing
committee of the General Assembly having cognizance of matters
relating to housing;
(10) The chairpersons and ranking members of the joint standing
committee of the General Assembly having cognizance of matters Substitute House Bill No. 6107
Public Act No. 21-29 25 of 28
relating to transportation;
(11) Two appointed by the Governor, one of whom is an attorney
with expertise in planning and zoning and one of whom has expertise
in fair housing;
(12) The Secretary of the Office of Policy and Management;
(13) The Commissioner of Administrative Services, or the
commissioner's designee;
(14) The Commissioner of Economic and Community Development,
or the commissioner's designee;
(15) The Commissioner of Energy and Environmental Protection, or
the commissioner's designee;
(16) The Commissioner of Housing, or the commissioner's designee;
and
(17) The Commissioner of Transportation, or the commissioner's
designee.
(c) Appointing authorities, in cooperation with one another, shall
make a good faith effort to ensure that, to the extent possible, the
membership of the commission closely reflects the gender and racial
diversity of the state. Members of the commission shall serve without
compensation, except for necessary expenses incurred in the
performance of their duties. Any vacancy shall be filled by the
appointing authority.
(d) The speaker of the House of Representatives and the president
pro tempore of the Senate shall jointly select one of the members of the
General Assembly described in subdivision (1) or (2) of subsection (b) of
this section to serve as one cochairperson of the commission. The
Secretary of the Office of Policy and Management shall serve as the other Substitute House Bill No. 6107
Public Act No. 21-29 26 of 28
cochairperson of the commission. Such cochairpersons shall schedule
the first meeting of the commission.
(e) The commission may accept administrative support and technical
and research assistance from outside organizations and employees of
the Joint Committee on Legislative Management. The cochairpersons
may establish, as needed, working groups consisting of commission
members and nonmembers and may designate a chairperson of each
such working group.
(f) (1) Except as provided in subdivision (2) of this subsection, not
later than January 1, 2022, and not later than January 1, 2023, the
commission shall submit a report to the joint standing committees of the
General Assembly having cognizance of matters relating to planning
and development, environment, housing and transportation and to the
Secretary of the Office of Policy and Management, in accordance with
the provisions of section 11-4a of the general statutes, regarding the
following:
(A) Any recommendations for statutory changes concerning the
process for developing, adopting and implementing the state plan of
conservation and development;
(B) Any recommendations for (i) statutory changes concerning the
process for developing and adopting the state's consolidated plan for
housing and community development prepared pursuant to section 8-
37t of the general statutes, and (ii) implementation of such plan;
(C) Any recommendations (i) for guidelines and incentives for
compliance with (I) the requirements for affordable housing plans
prepared pursuant to section 8-30j of the general statutes, as amended
by this act, and (II) subdivisions (4) to (6), inclusive, of subsection (b) of
section 8-2 of the general statutes, as amended by this act, and (ii) as to
how such compliance should be determined, as well as the form and Substitute House Bill No. 6107
Public Act No. 21-29 27 of 28
manner in which evidence of such compliance should be demonstrated.
Nothing in this subparagraph may be construed as permitting any
municipality to delay the preparation or amendment and adoption of
an affordable housing plan, and the submission of a copy of such plan
to the Secretary of the Office of Policy and Management, beyond the
date set forth in subsection (a) of section 8-30j of the general statutes, as
amended by this act;
(D) (i) Existing categories of discharge that constitute (I) alternative
on-site sewage treatment systems, as described in section 19a-35a of the
general statutes, (II) subsurface community sewerage systems, as
described in section 22a-430 of the general statutes, and (III)
decentralized systems, as defined in section 7-245 of the general statutes,
as amended by this act, (ii) current administrative jurisdiction to issue
or deny permits and approvals for such systems, with reference to daily
capacities of such systems, and (iii) the potential impacts of increasing
the daily capacities of such systems, including changes in administrative
jurisdiction over such systems and the timeframe for adoption of
regulations to implement any such changes in administrative
jurisdiction; and
(E) (i) Development of model design guidelines for both buildings
and context-appropriate streets that municipalities may adopt, in whole
or in part, as part of their zoning or subdivision regulations, which
guidelines shall (I) identify common architectural and site design
features of building types used in urban, suburban and rural
communities throughout this state, (II) create a catalogue of common
building types, particularly those typically associated with housing, (III)
establish reasonable and cost-effective design review standards for
approval of common building types, accounting for topography,
geology, climate change and infrastructure capacity, (IV) establish
procedures for expediting the approval of buildings or streets that
satisfy such design review standards, whether for zoning or subdivision Substitute House Bill No. 6107
Public Act No. 21-29 28 of 28
regulations, and (V) create a design manual for context-appropriate
streets that complement common building types, and (ii) development
and implementation by the regional councils of governments of an
education and training program for the delivery of such model design
guidelines for both buildings and context-appropriate streets.
(2) If the commission is unable to meet the January 1, 2022, deadline
set forth in subdivision (1) of this subsection for the submission of the
report described in said subdivision, the cochairpersons shall request
from the speaker of the House of Representatives and president pro
tempore of the Senate an extension of time for such submission and shall
submit an interim report.
(3) The commission shall terminate on the date it submits its final
report or January 1, 2023, whichever is later.