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Substitute House Bill No. 6073

Special Act No. 03-12

AN ACT CONCERNING EXISTING DWELLING HOUSES ON LAND OWNED BY THE SOUTH CENTRAL CONNECTICUT REGIONAL WATER AUTHORITY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (Effective from passage) (a) Notwithstanding any provision of the general statutes or any public or special act, the South Central Connecticut Regional Water Authority, created by special act 77-98, as amended, may sell, lease, assign or otherwise dispose of any class I or class II land, as defined in section 25-37c of the general statutes, upon which a single-family dwelling or barn owned by the South Central Connecticut Regional Water Authority is situated provided (1) such single-family dwelling or barn was so situated prior to January 1, 1976, (2) any underground storage tanks on such property have been removed, (3) the property is not greater than the minimum acreage required to meet zoning requirements plus any allowance necessary for setback allowances and access or egress consistent with local zoning and use requirements, and, if the single-family dwelling or barn is located on class I land, such minimum acreage is met by utilizing class II or class III land, as defined in section 25-37c of the general statutes, to the greatest extent possible, (4) a restrictive covenant that would limit the expansion of the single-family dwelling or barn and restrict any activity or expansion of any activity that would have a significant adverse affect on the public water supply is placed on the property, and (5) for class I land, the single-family dwelling or barn has historical significance, as confirmed, in writing, by the Connecticut Trust for Historic Preservation or its successor organization.

(b) The restrictive covenant required by subsection (a) of this section shall include, but not be limited to, provisions ensuring that (1) the premises shall only be used for a single-family dwelling or barn; (2) the total impervious surface area, including, but not limited to, building roofs, driveways, swimming pools, walkways and patios, shall not be increased by more than two hundred fifty square feet over the existing impervious surface area as of the date of the conveyance of the property from the public water utility to other parties; (3) access is provided to public drinking water utility staff to perform routine inspections of the property, at a minimum, on an annual basis during normal hours of business for the water utility; (4) underground storage tanks are prohibited; and (5) any other provisions deemed necessary by the South Central Connecticut Regional Water Authority to protect the public water supply. The total existing impervious surface area shall be established by an improvement location survey completed to A-2 survey accuracy depicting any such areas, which survey shall be filed on the land records with the restrictive covenant.

(c) Whenever the South Central Connecticut Regional Water Authority intends to sell, lease, assign or otherwise dispose of any class I or class II land consistent with this section upon which is situated a single-family dwelling or barn, the South Central Connecticut Regional Water Authority shall provide notice in writing, by certified mail, return receipt requested, at least thirty days before the date of the proposed disposition, to the Commissioners of Environmental Protection and Public Health, the legislative body of the city or town in which the single-family dwelling or barn is situated, the Nature Conservancy, the Trust for Public Land, the Land Trust Service Bureau and the Connecticut Fund for the Environment, of such intention to sell or otherwise transfer such property. Such notice shall include a copy of a survey depicting the acreage and property lines of the parcel as well as the location of any single-family dwelling or barn to be sold.

(d) All net proceeds, after costs of disposition, from the disposition of such class I or class II land and dwelling or barn consistent with this section shall be used by the South Central Connecticut Regional Water Authority to protect or otherwise acquire interests, including, but not limited to, fee title to or conservation easements over additional watershed or aquifer land of public water systems. No sale, lease, assignment or other disposition or change in use of class I or class II land pursuant to this section shall occur after October 1, 2008.

Approved May 23, 2003