LCO 1 of 7 General Assembly Substitute Bill No. 1252 January Session, 2025 AN ACT ESTABLISHING PRIORITY HOUSING DEVELOPMENT ZONES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective July 1, 2025) As used in this section and 1 sections 2 and 3 of this act: 2 (1) "Approved priority housing development zone" means a priority 3 housing development zone for which a final letter of eligibility has been 4 issued by the Commissioner of Housing pursuant to section 2 of this act. 5 (2) "Developable land" means the area within the boundaries of an 6 approved priority housing development zone that feasibly can be 7 developed into residential uses consistent with the provisions of this 8 section. "Developable land" does not include: (A) Land already 9 committed to a public use or purpose, whether publicly or privately 10 owned; (B) existing parks, recreation areas and open space that is 11 dedicated to the public or subject to a recorded conservation easement; 12 (C) land otherwise subject to an enforceable restriction on or prohibition 13 of development; (D) wetlands or watercourses as defined in chapter 440 14 of the general statutes; and (E) areas of one-half or more acres of 15 contiguous land that are unsuitable for development due to topographic 16 features, such as steep slopes. 17 (3) "Dwelling unit" has the same meaning as provided in section 47a-18 Substitute Bill No. 1252 LCO 2 of 7 1 of the general statutes. 19 (4) "Eligible location" means an area within existing residential or 20 commercial districts suitable for development as a priority housing 21 development zone. 22 (5) "Historic district" means a historic district established pursuant to 23 chapter 97a of the general statutes. 24 (6) "Priority housing development zone" means a zone adopted by a 25 zoning commission pursuant to this section and sections 2 and 3 of this 26 act as an overlay to one or more existing zones in an eligible location. 27 (7) "Letter of eligibility" means a preliminary or final letter issued to 28 a municipality by the commissioner pursuant to section 3 of this act. 29 (8) "Multifamily housing" means a building that contains or will 30 contain three or more residential dwelling units. 31 (9) "Open space" means land or a permanent interest in land that is 32 used for or satisfies one or more of the criteria listed in subsection (b) of 33 section 7-131d of the general statutes. 34 (10) "Commissioner" means the Commissioner of Housing, or the 35 commissioner's designee. 36 (11) "Townhouse housing" means a residential building consisting of 37 single-family dwelling units constructed in a group of three or more 38 attached units in which each unit extends from foundation to roof and 39 has exterior walls on at least two sides. 40 (12) "Zoning commission" means a municipal agency designated or 41 authorized to exercise zoning powers under chapter 124 of the general 42 statutes or a special act and includes an agency that exercises both 43 planning and zoning authority. 44 Sec. 2. (NEW) (Effective July 1, 2025) (a) Notwithstanding the 45 provisions of any charter or special act, a zoning commission may adopt 46 Substitute Bill No. 1252 LCO 3 of 7 regulations, as part of any zoning regulations adopted under section 8-47 2 of the general statutes or any special act, that establish a priority 48 housing development zone in accordance with the provisions of this 49 section. 50 (b) A priority housing development zone shall satisfy the following 51 requirements: 52 (1) The zone shall be consistent with the state plan of conservation 53 and development and be located in an eligible location. 54 (2) The regulations establishing a priority housing development zone 55 shall permit, as of right, multifamily housing, as provided in this 56 section. 57 (3) The minimum allowable density for a priority housing 58 development zone, per acre of developable land, shall be: (A) Four units 59 per acre for single-family detached housing; (B) six units per acre for 60 duplex or townhouse housing; and (C) ten units per acre for multifamily 61 housing. If the proposed priority housing development zone does not 62 satisfy each requirement of this subdivision but otherwise satisfies the 63 requirements of this section, and the commissioner, in the 64 commissioner's discretion, determines such proposed zone provides for 65 similar housing development, the commissioner may waive any 66 requirement contained in this subdivision. 67 (4) The minimum densities prescribed in subdivision (3) of this 68 subsection shall be subject only to site plan or subdivision procedures, 69 submission requirements and approval standards of the municipality 70 and shall not be subject to special permit or special exception 71 procedures, requirements or standards. 72 (5) A priority housing development zone may consist of one or more 73 subzones, provided each subzone and the zone as a whole comply with 74 the requirements of this section. 75 (6) A priority housing development zone shall be not less than ten 76 Substitute Bill No. 1252 LCO 4 of 7 per cent of the total developable land within a municipality. 77 (c) A zoning commission may modify, waive or eliminate 78 dimensional standards contained in the zone or zones that underlie a 79 priority housing development zone in order to support the minimum or 80 desired densities, mix of uses or physical compatibility in the priority 81 housing development zone. Standards subject to modification, waiver 82 or elimination by a zoning commission include, but shall not be limited 83 to, building height, setbacks, lot coverage, parking ratios and road 84 design standards. 85 (d) The regulations of a priority housing development zone may 86 allow for a mix of business, commercial or other nonresidential uses 87 within a single zone or for the separation of such uses into one or more 88 subzones, provided that the zone as a whole complies with the 89 requirements of this section, and such uses are consistent with as-of-90 right residential uses and densities required under this section. 91 (e) A priority housing development zone may overlay all or any part 92 of an existing historic district, and a municipality may establish a 93 historic district within an approved priority housing development zone, 94 provided, if the requirements or regulations of such historic district 95 render the approved priority housing development zone out of 96 compliance with the provisions of this section, the commissioner shall 97 deny or revoke a preliminary or final letter of eligibility and deny or 98 revoke a certificate of affordable housing project completion, as 99 provided in subdivision (4) of subsection (l) of section 8-30g of the 100 general statutes, as amended by this act, as applicable. 101 (f) The provisions of this section shall not be construed to affect the 102 power of a zoning commission to adopt or amend regulations under 103 chapter 124 of the general statutes or any special act. 104 Sec. 3. (NEW) (Effective July 1, 2025) (a) Any municipality that has 105 adopted a priority housing development zone consistent with this 106 section and sections 1 and 2 of this act may request a final letter of 107 eligibility from the commissioner. 108 Substitute Bill No. 1252 LCO 5 of 7 (b) The commissioner may issue a preliminary letter of eligibility 109 upon a municipality's request, provided such municipality has 110 submitted proposed modifications that would allow it to create a 111 priority housing development zone. The commissioner may issue a final 112 letter of eligibility when a municipality has implemented such proposed 113 modifications and is in compliance with the requirements of a priority 114 housing development zone set forth in this section and sections 1 and 2 115 of this act. 116 (c) The commissioner shall review such requests within ninety days 117 of receipt of such a request. The commissioner may approve, reject or 118 request modifications concerning a priority housing development zone 119 consistent with the requirements of this section and sections 1 and 2 of 120 this act. 121 (d) If a municipality modifies a priority housing development zone 122 after receipt of a letter of eligibility, the municipality, within seven days 123 of such modification, shall notify the commissioner of such 124 modification, and the commissioner may rescind such letter of eligibility 125 if the commissioner determines that such modifications do not comply 126 with the requirements of this section and sections 1 and 2 of this act. 127 Sec. 4. Subdivision (4) of subsection (l) of section 8-30g of the general 128 statutes is repealed and the following is substituted in lieu thereof 129 (Effective July 1, 2025): 130 (4) (A) [The] Except as provided in subparagraph (B) of this 131 subdivision, the commissioner shall issue a certificate of affordable 132 housing project completion for the purposes of this subsection upon 133 finding that there has been completed within the municipality one or 134 more affordable housing developments which create housing unit-135 equivalent points equal to (i) the greater of two per cent of all dwelling 136 units in the municipality, as reported in the most recent United States 137 decennial census, or seventy-five housing unit-equivalent points, or (ii) 138 for any municipality that has (I) adopted an affordable housing plan in 139 accordance with section 8-30j, (II) twenty thousand or more dwelling 140 Substitute Bill No. 1252 LCO 6 of 7 units, as reported in the most recent United States decennial census, and 141 (III) previously qualified for a moratorium in accordance with this 142 section, one and one-half per cent of all dwelling units in the 143 municipality, as reported in the most recent United States decennial 144 census. 145 (B) A municipality that has received a final letter of eligibility from 146 the commissioner pursuant to sections 2 and 3 of this act shall be entitled 147 to obtain a certificate of affordable housing completion under this 148 section from the commissioner upon the commissioner's finding that 149 there has been completed within the municipality one or more 150 affordable housing developments which create housing unit-equivalent 151 points equal to (i) the greater of one and three-quarter per cent of all 152 dwelling units in the municipality, as reported in the most recent United 153 Stated decennial census, or sixty-five housing unit-equivalent points, or 154 (ii) for any municipality that (I) has adopted an affordable housing plan 155 in accordance with section 8-30j, (II) has twenty thousand or more 156 dwelling units, as reported in the most recent United States decennial 157 census, and (III) previously qualified for a moratorium in accordance 158 with this section, one and one-half per cent of all dwelling units in the 159 municipality, as reported in the most recent United States decennial 160 census. 161 [(B)] (C) A municipality may apply for a certificate of affordable 162 housing project completion pursuant to this subsection by applying in 163 writing to the commissioner, and including documentation showing 164 that the municipality has accumulated the required number of points 165 within the applicable time period. Such documentation shall include the 166 location of each dwelling unit being counted, the number of points each 167 dwelling unit has been assigned, and the reason, pursuant to this 168 subsection, for assigning such points to such dwelling unit. Upon 169 receipt of such application, the commissioner shall promptly cause a 170 notice of the filing of the application to be published in the Connecticut 171 Law Journal, stating that public comment on such application shall be 172 accepted by the commissioner for a period of thirty days after the 173 publication of such notice. Not later than ninety days after the receipt of 174 Substitute Bill No. 1252 LCO 7 of 7 such application, the commissioner shall either approve or reject such 175 application. Such approval or rejection shall be accompanied by a 176 written statement of the reasons for approval or rejection, pursuant to 177 the provisions of this subsection. If the application is approved, the 178 commissioner shall promptly cause a certificate of affordable housing 179 project completion to be published in the Connecticut Law Journal. If 180 the commissioner fails to either approve or reject the application within 181 such ninety-day period, such application shall be deemed provisionally 182 approved, and the municipality may cause notice of such provisional 183 approval to be published in a conspicuous manner in a daily newspaper 184 having general circulation in the municipality, in which case, such 185 moratorium shall take effect upon such publication. The municipality 186 shall send a copy of such notice to the commissioner. Such provisional 187 approval shall remain in effect unless the commissioner subsequently 188 acts upon and rejects the application, in which case the moratorium shall 189 terminate upon notice to the municipality by the commissioner. 190 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2025 New section Sec. 2 July 1, 2025 New section Sec. 3 July 1, 2025 New section Sec. 4 July 1, 2025 8-30g(l)(4) Statement of Legislative Commissioners: In Section 1(7), "this section" was changed to "section 3 of this act" for accuracy, in Section 1(11), a reference to "open space" was deleted for consistency with other definitions, in Section 2(e), "or revoke" was added regarding eligibility letters for consistency, Section 3 was reorganized for consistency with standard drafting conventions, in Section 3(a),"final" was added before "letter" for consistency and in Section 3(c), a reference to priority housing development zone was added for clarity. HSG Joint Favorable Subst. -LCO