Connecticut 2025 Regular Session

Connecticut Senate Bill SB01252 Latest Draft

Bill / Comm Sub Version Filed 03/26/2025

                             
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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(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 
 
 
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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 
 
 
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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