O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 21-29—sHB 6107
Planning and Development Committee
AN ACT CONCERNING TH E ZONING ENABLING AC T, ACCESSORY
APARTMENTS, TRAINING FOR CERTAIN LAND USE OFFICIALS,
MUNICIPAL AFFORDABLE HOUSING PLANS AND A COMMISSION
ON CONNECTICUT’S DEV ELOPMENT AND FUTURE
TABLE OF CONTENTS:
§§ 1, 6, 7 & 10 — AS OF RIGHT ACCESSORY APARTMENTS
Requires municipalities that zone under CGS § 8-2 to adopt or amend regulations to allow ADUs
as of right on the same lot as single-family homes unless they follow the act’s opt-out process;
specifies that these units will not count toward a municipality’s base housing stock calculation for
purposes of the Affordable Housing Land Use Appeals Procedure (CGS § 8-30g); modifies the
definition of ADU for purposes of the appeals procedure; specifies that the addition of an ADU on
a lot does not make the sewerage system a “community sewerage system”
§ 2 — APPLICATION AND TECHNICAL CONSULTANT FEE S
Limits municipal authority to charge disproportionality higher land use application fees for larger
residential projects; authorizes municipalities to charge technical consultant fees
§§ 3 & 4 — CGS § 8-2: REORGANIZATION AND MINOR CHANGES
Reorganizes the Zoning Enabling Act (CGS § 8-2, which applies to municipalities exercising
zoning powers under the statutes) and makes minor, technical, and conforming changes
§ 4 — CGS § 8-2: REQUIRED GOALS AND CONSIDERATIONS
Eliminates a requirement that zoning regulations be (1) designed to prevent overcrowding and
undue population concentration and (2) made with reasonable consideration as to the
“character” of a district; requires that regulations provide for varied housing opportunities and
affirmatively further the purposes of the federal Fair Housing Act; requires regulations to be
designed to protect historic, tribal, cultural, and environmental resources
§§ 4 & 5 — CGS § 8-2: PROHIBITED PROVISIONS
Prohibits regulations from (1) prohibiting cottage food operations in a residential zone; (2)
placing a cap on the number of dwellings in multifamily, middle, or mixed-use developments; or
(3) establishing minimum floor area requirements for dwelling units; limits local authority to
require the provision of parking spaces
§ 4 — CGS § 8-2: OPTIONS FOR PROMOTING CONSERVATION
Expands the energy conservation tools and renewable energy types a municipality can promote,
including explicitly authorizing regulations to require certain conservation measures
§ 4 — CGS § 8-2: REGULATING MOBILE MANUFACTURED HOMES
Specifies how regulations must treat mobile manufactured homes and associated lots O L R P U B L I C A C T S U M M A R Y
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§ 8 — ZONING ENFORCEMENT O FFICER CERTIFICATION
Beginning January 1, 2023, requires all appointed ZEOs to obtain and maintain certification from
the state’s professional ZEO association
§ 9 — BIENNIAL TRAINING FOR CERTAIN LAND USE OFFICIALS
Requires local planning and zoning officials to complete at least four hours of training biennially
§ 11 — WATER POLLUTION CONT ROL PLANS
Allows WPCAs to add information about sewer system capacity for certain areas to municipal
water pollution control plans
§ 12 — AFFORDABLE HOUSING P LANNING REQUIREMENT
Specifies that municipalities must prepare and adopt their first plans by June 1, 2022; requires
plans to be submitted to OPM
§ 13 — COMMISSION ON CONNEC TICUT’S DEVELOPMENT AND
FUTURE
Establishes a commission within the Legislative Department to evaluate policies related to land
use, conservation, housing affordability, and infrastructure
BACKGROUND
§§ 1, 6, 7 & 10 — AS OF RIGHT ACCESSORY APARTMENTS
Requires municipalities that zone under CGS § 8-2 to adopt or amend regulations to allow ADUs
as of right on the same lot as single-family homes unless they follow the act’s opt-out process;
specifies that these units will not count toward a municipality’s base housing stock calculation for
purposes of the Affordable Housing Land Use Appeals Procedure (CGS § 8-30g); modifies the
definition of ADU for purposes of the appeals procedure; specifies that the addition of an ADU on
a lot does not make the sewerage system a “community sewerage system”
Definitions
Under the act, an “accessory apartment” (also referred to as an accessory
dwelling unit or “ADU”) means a separate dwelling unit that (1) is located on the
same lot as a principal dwelling unit of greater square footage; (2) has cooking
facilities; and (3) complies with or is otherwise exempt from any applicable
building code, fire code, and health and safety regulations.
The act specifies that “as of right” means able to be approved without
requiring (1) a public hearing; (2) a variance, special permit, or special exception;
or (3) other discretionary zoning action, other than a determination that a site plan
conforms with applicable zoning regulations.
Regulation Adoption Requirement
The act requires municipalities that exercise powers under CGS § 8-2 (the O L R P U B L I C A C T S U M M A R Y
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Zoning Enabling Act) to adopt regulations (1) allowing one ADU as of right on
each lot that contains a single-family dwelling and (2) designating other areas
where ADUs are allowed. But the act also creates an opt-out process, as described
below.
The act specifies that municipalities cannot require as of right ADUs sharing a
lot with a single-family home to be preserved for lower-income families (i.e., an
“affordable accessory apartment,” which, generally, is a deed restricted unit made
affordable for households with incomes that do not exceed 80% of the median
income).
If a municipality does not opt out and does not amend or adopt ADU
regulations by January 1, 2023, the act requires the municipality to review ADU
permit applications in accordance with the act’s regulation requirements until the
regulations are amended or adopted. A municipality may not use or impose
additional standards beyond those set forth in the act. The act deems
noncompliant regulations to be null and void.
Opt-Out Process
Until January 1, 2023, the act allows municipalities to opt out of the act’s as
of right ADU provisions. To do so, the municipality’s zoning or combined
planning and zoning commission must:
1. first hold a public hearing on the proposed opt-out, subject to the standard
notice and timeframes for such hearings;
2. affirmatively decide by a two-thirds vote to opt out within the statutory
time limit (generally within 65 days of the hearing’s completion);
3. state in the record the reasons for its decision; and
4. publish notice of the decision within 15 days in a newspaper that has
substantial circulation in the municipality.
The act requires the opt-out to be confirmed by a two-thirds vote of the
municipal legislative body (or if it is a town meeting, the board of selectmen).
As of Right Permitting
The act requires regulations to establish an as of right permit application and
review process for ADUs. The process must require the zoning or planning and
zoning commission to decide within 65 days after an application unless an
applicant approves an extension or extensions of up to 65 days total or withdraws
the application.
Under the act, municipalities cannot condition ADU approval on the
correction of a nonconforming use, structure, or lot or require fire sprinklers
unless they are also required in the principal dwelling or by the fire code.
Regulation Contents
Under the act, the ADU zoning regulations must:
1. allow attached and detached ADUs and ADUs contained within the O L R P U B L I C A C T S U M M A R Y
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principal dwelling unit;
2. set a maximum net floor area for ADUs that is the lesser of (a) at least
30% of the principal dwelling’s net floor area or (b) 1,000 square feet (but
regulations may allow a larger net floor area for ADUs);
3. require setbacks, lot size, and building frontage less than or equal to that
which is required for the principal dwelling;
4. require lot coverage greater than or equal to that which is required for the
principal dwelling; and
5. provide for height, landscaping, and architectural design standards that do
not exceed standards applied to single-family dwellings in the
municipality.
Regulations cannot require:
1. a passageway between the ADU and principal dwelling;
2. an exterior door for an ADU, except as required by the applicable building
or fire code;
3. more than one parking space for the ADU or fees in lieu of parking;
4. a familial, marital, or employment relationship between the principal
dwelling unit’s occupants and the ADU’s occupants;
5. a minimum age for ADU occupants;
6. separate billing of utilities otherwise connected to, or used by, the
principal dwelling unit; or
7. periodic ADU permit renewal.
The act further specifies that it does not supersede applicable building code
requirements or other requirements where a well or private sewerage system is
being used, provided approval for any such accessory apartment must not be
unreasonably withheld.
Additionally, the act prohibits municipalities, special districts, and sewer or
water authorities from (1) considering an ADU to be a new residential use for the
purposes of calculating connection fees or capacity charges for utilities, including
water and sewer service, unless the ADU was constructed with a new single-
family dwelling on the same lot or (2) requiring the installation of a new or
separate utility connection directly to an ADU or imposing a related connection
fee or capacity charge.
Under existing law, a community sewer system is a sewer system service for
at least two residences in separate structures that is (1) not connected to a
municipal sewer system or (2) connected to it as a distinct and separately
managed segment of the system. The act specifies that a “community sewerage
system” does not include a system serving only a principal dwelling and ADU
located on the same lot.
The act does not prevent municipalities from prohibiting or limiting the use of
ADUs for short-term rentals or vacation stays.
Housing Stock Calculation Under CGS § 8-30g
The Department of Housing (DOH) annually promulgates a list identifying the
housing stock in each municipality that qualifies as affordable housing under the O L R P U B L I C A C T S U M M A R Y
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Affordable Housing Land Use Appeals Procedure (see BACKGROUND). The
list, based on U.S. Census data, provides this information as a percentage of the
total housing stock in the municipality (see CGS §§ 8-30g(k) & 8-
37qqq(a)(2)(D)). The act specifies that ADUs built or permitted after January 1,
2022, but that are not subject to deed restrictions that qualify them as affordable
housing will not increase a municipality’s base (market-rate) housing stock
calculation. Therefore, as of right ADUs will not increase the amount of
affordable housing that a municipality must have to obtain or maintain an
exemption or moratorium from the procedure.
The act also aligns the definition of “accessory apartment” under the appeals
procedure with the act’s definition of ADU.
EFFECTIVE DATE: January 1, 2022, for the main ADU provisions (§ 6) and
October 1, 2021, for the definitions and conforming changes (§§ 1, 7 & 10).
§ 2 — APPLICATION AND TECHNICAL CONSULTANT FEE S
Limits municipal authority to charge disproportionality higher land use application fees for larger
residential projects; authorizes municipalities to charge technical consultant fees
Existing law allows municipalities, by ordinance, to set reasonable fees for
processing applications submitted to the planning, zoning, or planning and zoning
commission; the zoning board of appeals; or inland wetlands commission. The act
prohibits adopting a fee schedule that imposes higher fees on developments built
following an appeal brought under the Affordable Housing Land Use Appeals
Procedure (CGS § 8-30g). It also prohibits using a fee schedule charging more
because a residential building has more than four units, including higher fees per
unit, per square footage, or per unit of construction cost.
The act additionally allows municipalities to adopt regulations establishing
reasonable technical consultant fees for applications made to the abovementioned
boards and commissions. The fees must be used to pay consultants who have
expertise in land use to review particular technical aspects of an application (e.g.,
traffic or stormwater) for the benefit of the commission or board.
The fees must be accounted for separately and may only be used for technical
review costs. The fees cannot be used to pay a consultant who is a salaried
employee of the municipality, commission, or board. Leftover amounts, including
any interest accrued, must be returned to the applicant within 45 days after the
review is complete.
EFFECTIVE DATE: October 1, 2021
§§ 3 & 4 — CGS § 8-2: REORGANIZATION AND MINOR CHANGES
Reorganizes the Zoning Enabling Act (CGS § 8-2, which applies to municipalities exercising
zoning powers under the statutes) and makes minor, technical, and conforming changes
The act makes various minor, technical, and conforming changes to the
Zoning Enabling Act, which applies to municipalities that exercise zoning powers
under the statutes (as opposed to a special act). O L R P U B L I C A C T S U M M A R Y
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Among these, the act specifies that when a municipality is contiguous to, or
on a navigable waterway that drains to, Long Island Sound, its regulations must
require the zoning commission to consider a proposed development’s
environmental impact on Long Island Sound’s coastal resources, rather than
impacts on Long Island Sound generally. By law, “coastal resources” means
coastal waters and their natural resources, related marine and wildlife habitat, and
adjacent shorelands (CGS § 22a-93).
The act specifically authorizes municipalities to use a vehicle’s estimated
miles traveled and vehicle trips generated standard instead of, or in addition to, a
“level of service” traffic calculation when assessing (1) a proposed development’s
anticipated traffic impact and (2) 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).
The act specifies that regulations may provide for floating zones, overlay
zones, and planned development districts. (Connecticut courts have held that CGS
§ 8-2 implicitly grants municipalities the power to use these techniques.)
The act also makes technical and conforming changes to the temporary health
care structure law (§ 3).
EFFECTIVE DATE: October 1, 2021
§ 4 — CGS § 8-2: REQUIRED GOALS AND CONSIDERATIONS
Eliminates a requirement that zoning regulations be (1) designed to prevent overcrowding and
undue population concentration and (2) made with reasonable consideration as to the
“character” of a district; requires that regulations provide for varied housing opportunities and
affirmatively further the purposes of the federal Fair Housing Act; requires regulations to be
designed to protect historic, tribal, cultural, and environmental resources
Required Goals
The act eliminates the requirement that zoning regulations be designed to
prevent the overcrowding of land and avoid undue concentration of population.
The act requires that regulations be designed to do the following:
1. protect the state’s historic, tribal, cultural, and environmental resources;
2. consider the impact of permitted land uses on contiguous municipalities
and the planning region;
3. address significant disparities in housing needs and access to educational,
occupational, and other opportunities;
4. affirmatively further the purposes of the federal Fair Housing Act; and
5. promote efficient review of proposals and applications.
Consideration of Character
Prior law required that zoning regulations be made with (1) reasonable
consideration as to the character of the district and its peculiar suitability for
particular uses and (2) a view toward conserving the buildings’ value and
encouraging the most appropriate use of land throughout a municipality. The act O L R P U B L I C A C T S U M M A R Y
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eliminates the broad requirement that regulations consider character and preserve
property values. Instead, it requires consideration of a district’s physical site
characteristics and its peculiar suitability for particular uses, with a view toward
encouraging the most appropriate use of land throughout a municipality.
The act also specifies that regulations cannot be applied to deny a land use
application (including site plans, special permits or exceptions, or other zoning
approval) based upon:
1. a district’s character unless the character is expressly articulated in
regulations with clear and explicit physical standards for site work and
structures or
2. the immutable characteristics, income source, or income level of an
applicant or end user (other than age or disability, in the case of age-
restricted or disability-restricted housing).
Providing Housing Opportunities
In addition to the housing-related provisions above, the act requires zoning
regulations to provide for, rather than encourage, the development of housing
opportunities for all residents of the municipality and local planning region. This
includes opportunities for multifamily dwellings consistent with soil types,
terrain, and infrastructure capacity.
The act requires zoning regulations to expressly allow, rather than encourage,
housing that meets the needs identified in the state’s Consolidated Plan for
Housing and Community Development and Plan of Conservation and
Development.
EFFECTIVE DATE: October 1, 2021
§§ 4 & 5 — CGS § 8-2: PROHIBITED PROVISIONS
Prohibits regulations from (1) prohibiting cottage food operations in a residential zone; (2)
placing a cap on the number of dwellings in multifamily, middle, or mixed-use developments; or
(3) establishing minimum floor area requirements for dwelling units; limits local authority to
require the provision of parking spaces
The act prohibits zoning regulations from:
1. prohibiting cottage food operations (i.e., operations in which food
products are prepared in a private residential dwelling’s home kitchen and
for sale directly to the consumer) in a residential zone;
2. establishing minimum floor area requirements for dwelling units that are
greater than those required under applicable building, housing, or other
code; or
3. placing a fixed numerical or percentage cap on the number of dwelling
units permitted in multifamily housing over four units, middle housing, or
mixed-use developments.
Under the act, “middle housing” refers to duplexes, triplexes, quadplexes,
cottage clusters, and townhouses. A “cottage cluster” is a grouping of at least four
detached housing units or live work units per acre that are located around a O L R P U B L I C A C T S U M M A R Y
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common open area. A “mixed-use development” is a development containing
residential and nonresidential uses in a single building. A “townhouse” is 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.
The act also prohibits regulations from requiring 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 as
authorized under the act.
To opt out of the act’s parking provision, the municipality’s zoning or
combined planning and zoning commission must do the following:
1. first hold a public hearing on the proposed opt-out, subject to the standard
notice and timeframes for such hearings;
2. affirmatively decide by a two-thirds vote to opt out within the statutory
time limit (generally within 65 days of the hearing’s completion);
3. state in the record the reasons for its decision; and
4. publish notice of the decision within 15 days in a newspaper that has
substantial circulation in the municipality.
The act requires the opt-out to be confirmed by a two-thirds vote of the
municipal legislative body (or, if it is a town meeting, the board of selectmen).
EFFECTIVE DATE: October 1, 2021
§ 4 — CGS § 8-2: OPTIONS FOR PROMOTING CONSERVATION
Expands the energy conservation tools and renewable energy types a municipality can promote,
including explicitly authorizing regulations to require certain conservation measures
Prior law allowed zoning regulations to encourage the use of certain energy
conservation tools, including solar. The act instead allows the regulations to
require or promote these and specifically includes distributed generation or
freestanding wind and combined heat and power.
The act also expands the conservation tools that municipalities can incentivize
developers’ use of to include any solar and other renewable forms of energy;
combined heat and power; water conservation, including demand offsets; and
other energy conservation techniques. Prior law specifically addressed only
passive solar techniques.
EFFECTIVE DATE: October 1, 2021
§ 4 — CGS § 8-2: REGULATING MOBILE MANUFACTURED HOMES
Specifies how regulations must treat mobile manufactured homes and associated lots
Under prior law, zoning regulations adopted under CGS § 8-2 could not treat
manufactured homes and lots substantially differently from single-family
dwellings and lots with those dwellings. Additionally, prior law specified that
under such regulations, manufactured home developments could not be treated
substantially differently from multifamily dwellings or associated lots, cluster O L R P U B L I C A C T S U M M A R Y
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developments, or planned unit developments.
The act instead prohibits regulations from imposing on manufactured homes,
including mobile homes and associated lots and parks, conditions that are
substantially different from those imposed on single- or multi-family dwellings
and associated lots, cluster developments, or planned unit developments. The act
removes references to manufactured home developments for these purposes.
As under prior law, these provisions apply to manufactured homes built to
federal standards and with a narrowest dimension of 22 feet or more.
EFFECTIVE DATE: October 1, 2021
§ 8 — ZONING ENFORCEMENT O FFICER CERTIFICATION
Beginning January 1, 2023, requires all appointed ZEOs to obtain and maintain certification from
the state’s professional ZEO association
Beginning January 1, 2023, and annually thereafter, the act requires zoning
enforcement officers (ZEOs) working in municipalities that exercise zoning
authority under the statutes to obtain certification from the Connecticut
Association of ZEOs. The act requires ZEOs to maintain certification for the
duration of their employment as ZEOs.
By law, each municipality decides how its zoning regulations are enforced. In
practice, the zoning or combined planning and zoning commission may reserve
the enforcement power to itself, or it may be delegated to a ZEO. ZEOs may be
responsible for (1) investigating zoning violations and issuing cease and desist
orders and (2) reviewing and providing an advisory opinion on applications for
special permits, site plans, subdivisions, and variances.
EFFECTIVE DATE: October 1, 2021
§ 9 — BIENNIAL TRAINING FOR CERTAIN LAND USE OFFICIALS
Requires local planning and zoning officials to complete at least four hours of training biennially
Beginning January 1, 2023, the act requires each member of a local planning
commission, zoning commission, planning and zoning commission, or zoning
board of appeals to complete at least four hours of training biennially.
Members serving on a board or commission as of January 1, 2023, must
complete their initial training by January 1, 2024. Members not serving on
January 1, 2023, must complete the training within one year after being elected or
appointed to the board or commission.
The initial and subsequent training must include at least one hour on
affordable and fair housing policies. Training may also cover:
1. process and procedural matters, including the conduct of effective
meetings and public hearings and the Freedom of Information Act;
2. the interpretation of site plans, surveys, maps, and architectural
conventions; and
3. the impact of zoning on the environment, agriculture, and historic
resources. O L R P U B L I C A C T S U M M A R Y
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By January 1, 2022, the act requires the Office of Policy and Management
secretary to establish guidelines for the training in collaboration with land use
training providers, including 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 UConn’s Center
for Land Use Education and Research, the Connecticut Bar Association, regional
councils of governments, and other nonprofit or educational institutions that
provide land use training. If the secretary fails to establish the guidelines, then
land use training providers may create and administer appropriate training.
The act requires each board or commission, starting by March 1, 2024, to
annually submit to its municipal legislative body (or board of selectmen, if a town
meeting) a statement affirming its members’ compliance with the act’s training
requirement.
EFFECTIVE DATE: Upon passage
§ 11 — WATER POLLUTION CONT ROL PLANS
Allows WPCAs to add information about sewer system capacity for certain areas to municipal
water pollution control plans
By law, water pollution control plans created by municipal water pollution
control authorities (WPCAs) delineate areas such as those (1) served by the
municipal sewerage system, (2) where sewerage facilities are planned, and (3)
where sewers should be avoided. The plans also describe municipal programs to
avoid pollution problems and manage subsurface sewage disposal.
The act allows WPCAs to delineate in these plans the specific capacity
allocations to serve developable areas for residential or mixed-use buildings with
at least four dwelling units.
EFFECTIVE DATE: October 1, 2021
§ 12 — AFFORDABLE HOUSING P LANNING REQUIREMENT
Specifies that municipalities must prepare and adopt their first plans by June 1, 2022; requires
plans to be submitted to OPM
Existing law requires every municipality, at least once every five years, to
prepare or amend and adopt an affordable housing plan specifying how the
municipality will increase the number of affordable housing developments in its
jurisdiction. The act specifies that municipalities must prepare and adopt their first
plans by June 1, 2022. The act also requires municipalities to post their draft plan
or updates online. Under prior law, this was only required if they held a public
hearing on the draft plan or updates. (As under prior law, if they hold a hearing,
they must post the draft plan online at least 35 days beforehand.) It eliminates a
requirement that the draft plan or amendment be filed with the town clerk.
The act requires municipalities to submit their plans to OPM for posting on its
website. Under prior law, if a municipality did not comply with plan amendment
deadlines, it had to submit a letter to the housing commissioner explaining why. O L R P U B L I C A C T S U M M A R Y
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The act instead requires them to submit the letter to OPM and, in providing this
explanation, specify a date by which the plan will be amended.
The act also authorizes municipalities to submit their affordable housing plans
as part of their local plan of conservation and development (POCD). Those doing
so may submit their affordable housing plan early to coincide with a POCD
submission, so long as their next submission is five years later. (POCDs are due
every 10 years.)
EFFECTIVE DATE: Upon passage
§ 13 — COMMISSION ON CONN ECTICUT’S DEVELOPMEN T AND
FUTURE
Establishes a commission within the Legislative Department to evaluate policies related to land
use, conservation, housing affordability, and infrastructure
The act establishes a Commission on Connecticut’s Development and Future
within the Legislative Department to evaluate policies related to land use,
conservation, housing affordability, and infrastructure.
The act specifies that the commission may accept administrative support and
technical and research assistance from employees of the Joint Committee on
Legislative Management and outside organizations. The co-chairpersons may
establish working groups consisting of commission members and nonmembers
and may designate a chairperson of each working group.
Membership
The commission consists of the following members:
1. two appointed by the House speaker, one who is a legislator and one who
represents a municipal advocacy organization;
2. two appointed by the Senate president pro tempore, one who is a legislator
and one who has expertise in state or local planning;
3. two appointed by the House majority leader, one who has expertise in
state affordable housing policy and one who represents a town with a
population over 30,000 but less than 75,000;
4. two appointed by the Senate majority leader, one who has expertise in
zoning policy and one with expertise in community development policy;
5. two appointed by the House minority leader, one who has expertise in
environmental policy and one who represents a municipal advocacy
organization;
6. two appointed by the Senate minority leader, one who represents the
Connecticut Association of Councils of Governments and one with
expertise in homebuilding;
7. two appointed by the governor, one who is an attorney with expertise in
planning and zoning and one who has expertise in fair housing;
8. the chairs and ranking members of the Planning and Development,
Environment, Housing, and Transportation committees;
9. the administrative services, economic and community development, O L R P U B L I C A C T S U M M A R Y
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energy and environmental protection, housing, and transportation
commissioners, or their designees; and
10. the OPM secretary.
The House speaker and Senate president pro tempore cannot appoint as their
legislative appointees a chair or ranking member of the Planning and
Development, Environment, Housing, or Transportation committee. The act
requires appointing authorities, in cooperation with one another, to make a good
faith effort to ensure that, to the extent possible, the commission’s membership
closely reflects Connecticut’s gender and racial diversity.
Members serve without compensation, except for necessary expenses incurred
in the performance of their duties. Appointing authorities must fill any vacancy.
The House speaker and Senate president pro tempore must jointly select one
of their legislative appointments to serve as one of the chairpersons. The OPM
secretary serves as the other chairperson. The chairpersons are responsible for
scheduling the first commission meeting.
Responsibilities
By January 1, 2022, and again by January 1, 2023, the commission must
submit a report to the Planning and Development, Environment, Housing, and
Transportation committees and to the OPM secretary regarding the following:
1. any recommendations for statutory changes to the process for developing,
adopting, and implementing the state plan of conservation and
development;
2. any recommendations for (a) statutory changes to the process for
developing and adopting the state’s consolidated plan for housing and
community development and (b) implementing it;
3. any recommendations for guidelines and incentives for compliance with
the law’s (a) affordable housing planning requirement (see above, § 12)
and (b) requirements under the Zoning Enabling Act that zoning
regulations provide opportunities for developing varied housing
opportunities, promote housing choice and economic diversity in housing,
and expressly allow for housing to be developed that meets the needs
identified in the state’s consolidated plan for housing and community
development and plan of conservation and development;
4. any recommendations as to how such compliance should be determined,
as well as the form and manner in which evidence of such compliance
should be demonstrated;
5. (a) existing categories of discharge that constitute alternative on-site
sewage treatment systems, subsurface community sewerage systems, and
decentralized systems; (b) current administrative jurisdiction to issue or
deny permits and approvals for these systems (with reference to these
systems’ daily capacities); and (c) the potential impacts of increasing their
daily capacities, including changes in administrative jurisdiction over
these systems and the timeframe for adopting regulations to implement
these changes; and O L R P U B L I C A C T S U M M A R Y
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6. development of (a) 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 as described below
and (b)implementation by the regional councils of governments of an
education and training program for delivering the model design guidelines.
Under the act, the report on model design guidelines must provide guidelines
that:
1. identify common architectural and site design features of building types
used throughout Connecticut;
2. create a catalogue of common building types, particularly those typically
associated with housing;
3. establish reasonable and cost-effective design review standards for
approval of common building types, accounting for topography, geology,
climate change, and infrastructure capacity;
4. establish procedures for expediting the approval of buildings or streets that
satisfy these design review standards, whether for zoning or subdivision
regulations; and
5. create a design manual for context-appropriate streets that complements
common building types.
The act specifies that the provision requiring the commission to provide
recommendations related to compliance with the state’s affordable housing
planning requirement should not be construed to change municipalities’
obligation to adopt or amend their plans on-time.
If the commission is unable to meet the first reporting deadline (January 1,
2022), the co-chairpersons must request an extension from the House speaker and
Senate president pro tempore and must submit an interim report. The commission
terminates when it submits its final report or January 1, 2023, whichever is later.
EFFECTIVE DATE: Upon passage
BACKGROUND
Affordable Housing Land Use Appeals Procedure (CGS § 8-30g)
The procedure requires municipal planning and zoning agencies
(“municipalities”) to defend their decisions to reject affordable housing
development applications or approve them with costly conditions. In traditional
land use appeals, the developer must convince the court that the municipality
acted illegally, arbitrarily, or abused its discretion. The procedure instead places
the burden of proof on municipalities.
With limited exceptions, developers can use the appeals procedure to contest a
municipality’s decision on an affordable housing development application
submitted to a municipality if (1) fewer than 10% of the municipality’s housing
units are affordable, based on certain statutory criteria, and (2) the municipality
has not qualified for a moratorium (i.e., a temporary suspension of procedure
following a relatively rapid increase in affordable housing stock).
By law, DOH annually publishes a list of housing stock in each municipality O L R P U B L I C A C T S U M M A R Y
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that qualifies as affordable housing.