File No. 248

House of Representatives, March 25, 2004

The Committee on Planning and Development reported through REP. WALLACE of the 109th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT CONCERNING PLANS OF CONSERVATION AND DEVELOPMENT.

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

Section 1. Section 8-23 of the general statutes, as amended by section 20 of public act 03-19, is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(a) (1) At least once every ten years, the commission shall prepare or amend and shall adopt a plan of conservation and development for the municipality. Following adoption, the commission shall regularly review and maintain such plan. The commission 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. The commission may, at any time, prepare, amend and adopt plans for the redevelopment and improvement of districts or neighborhoods which, in its judgment, contain special problems or opportunities or show a trend toward lower land values.

(2) If a plan is not amended decennially, the chief elected official of the municipality shall submit a letter to the Secretary of the Office of Policy and Management and the Commissioners of Transportation, Environmental Protection and Economic and Community Development that explains why such plan was not amended. Until the plan is amended in accordance with this subsection, a copy of such letter shall be included in each application by the municipality for funding for the conservation or development of real property submitted to said secretary or commissioners.

(b) In the preparation of such plan, the commission may appoint one or more special committees to develop and make recommendations for the plan. The membership of any special committee may include: Residents of the municipality and representatives of local boards dealing with zoning, inland wetlands, conservation, recreation, education, public works, finance, redevelopment, general government and other municipal functions. In performing its duties under this section, the commission or any special committee may accept information from any source or solicit input from any organization or individual. The commission or any special committee may hold public informational meetings or organize other activities to inform residents about the process of preparing the plan.

(c) In preparing such plan, the commission or any special committee shall consider the following: (1) The community development action plan of the municipality, if any, (2) the need for affordable housing, (3) the need for protection of existing and potential public surface and ground drinking water supplies, (4) the use of cluster development and other development patterns to the extent consistent with soil types, terrain and infrastructure capacity within the municipality, (5) the state plan of conservation and development adopted pursuant to chapter 297, (6) the regional plan of development adopted pursuant to section 8-35a, as amended by this act, (7) physical, social, economic and governmental conditions and trends, (8) the needs of the municipality including, but not limited to, human resources, education, health, housing, recreation, social services, public utilities, public protection, transportation and circulation and cultural and interpersonal communications, and (9) the objectives of energy-efficient patterns of development, the use of solar and other renewable forms of energy and energy conservation.

(d) (1) Such plan of conservation and development shall (A) be a statement of policies, goals and standards for the physical and economic development of the municipality, (B) provide for a system of principal thoroughfares, parkways, bridges, streets, sidewalks and other public ways as appropriate, (C) be designed to promote, with the greatest efficiency and economy, the coordinated development of the municipality and the general welfare and prosperity of its people and identify areas where it is feasible and prudent (i) to have compact, transit accessible, pedestrian-oriented mixed use development patterns and land reuse, and (ii) to promote such patterns and reuse, [(C)] (D) recommend the most desirable use of land within the municipality for residential, recreational, commercial, industrial, conservation and other purposes and include a map showing such proposed land uses, [(D)] (E) recommend the most desirable density of population in the several parts of the municipality, [(E)] (F) note any inconsistencies [it may have with the state plan of conservation and development adopted pursuant to chapter 297, (F)] with the following growth management principles: (i) Redevelopment and revitalization of commercial centers and areas of mixed land uses with existing or planned physical infrastructure; (ii) expansion of housing opportunities and design choices to accommodate a variety of household types and needs; (iii) concentration of development around transportation nodes and along major transportation corridors to support the viability of transportation options and land reuse; (iv) conservation and restoration of the natural environment, cultural and historical resources and existing farmlands; (v) protection of environmental assets critical to public health and safety and; (vi) integration of planning across all levels of government to address issues on a local, regional and state-wide basis, (G) make provision 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, [(G)] (H) promote housing choice and economic diversity in housing, including housing for both low and moderate income households, and encourage the development of housing which will meet the housing needs identified in the housing plan 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 chapter 297. In preparing such plan the commission shall consider focusing development and revitalization in areas with existing or planned physical infrastructure.

(2) For any municipality that is contiguous to Long Island Sound, such plan shall be (A) consistent with the municipal coastal program requirements of sections 22a-101 to 22a-104, inclusive, (B) made with reasonable consideration for restoration and protection of the ecosystem and habitat of Long Island Sound, and (C) designed to reduce hypoxia, pathogens, toxic contaminants and floatable debris in Long Island Sound.

(e) Such plan may show the commission's and any special committee's recommendation for (1) conservation and preservation of traprock and other ridgelines, (2) [a system of principal thoroughfares, parkways, bridges, streets and other public ways, (3)] airports, parks, playgrounds and other public grounds, [(4)] (3) the general location, relocation and improvement of schools and other public buildings, [(5)] (4) the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, sewerage, light, power, transit and other purposes, [(6)] (5) the extent and location of public housing projects, [(7)] (6) programs for the implementation of the plan, including (A) a schedule, (B) a budget for public capital projects, (C) a program for enactment and enforcement of zoning and subdivision controls, building and housing codes and safety regulations, (D) plans for implementation of affordable housing, [and] (E) plans for open space acquisition and greenways protection and development, and (F) plans for corridor management areas along limited access highways or rail lines, designated under section 16a-27, as amended by this act, (7) proposed priority funding areas, and (8) any other recommendations as will, in the commission's or any special committee’s judgment, be beneficial to the municipality. The plan may include any necessary and related maps, explanatory material, photographs, charts or other pertinent data and information relative to the past, present and future trends of the municipality.

(f) A plan of conservation and development or any part thereof or amendment thereto prepared by the commission or any special committee shall be reviewed, and may be amended, by the commission prior to scheduling at least one public hearing on adoption. [At least sixty-five days prior to the public hearing on adoption, the commission shall submit a copy of such plan or part thereof or amendment thereto for review and comment to the legislative body. Such body may hold one or more hearings on the proposed plan and shall submit any comments to the commission prior to the public hearing on adoption. The failure of such body to report prior to or at the public hearing shall be taken as approval of the plan.] At least [sixty-five] thirty-five days prior to the public hearing on adoption, the commission shall post the draft plan on the Internet web site of the municipality, if any, and submit a copy of such draft plan to the regional planning agency for review and comment. The regional planning agency shall [report] submit an advisory report along with its comments to the commission at or before the hearing. [The failure of the regional planning agency to report at or before the hearing shall be taken as approval of the plan. The report of the regional planning agency shall be advisory.] Such comments shall include a finding on the consistency of the draft plan with (1) the regional plan of development, adopted under section 8-35a, as amended by this act, (2) the state plan of conservation and development, adopted pursuant to chapter 297, and (3) the plans of conservation and development of other municipalities in the area of operation of the regional planning agency. The commission may revise the draft plan in accordance with the report of the regional planning agency. The commission may render a decision on the plan without the report of the regional planning agency. Prior to the public hearing on adoption, the commission shall file in the office of the town clerk a copy of such draft plan or part thereof or amendment thereto but, in the case of a district commission, such commission shall file such information in the offices of both the district clerk and the town clerk. The commission shall cause to be published in a newspaper having a general circulation in the municipality, at least twice at intervals of not less than two days, the first not more than fifteen days, or less than ten days, and the last not less than two days prior to the date of each such hearing, notice of the time and place of any such public hearing. Such notice shall make reference to the filing of such draft plan in the office of the town clerk, or both the district clerk and the town clerk, as the case may be. After completion of the public hearing, the commission may revise the draft plan. The proposed final plan shall be submitted to the legislative body for its endorsement. The legislative body shall endorse or reject the entire proposed final plan or parts thereof and may submit comments and recommended changes to the commission. In the case of a municipality in which the legislative body is a town meeting, the proposed final plan shall be submitted to the board of selectmen. The board may conduct a public hearing on such plan. Not more than forty-five days after receipt of the plan by the board of selectmen, the entire proposed final plan or parts thereof may be endorsed or rejected at a town meeting and such town meeting may submit comments and recommended changes to the commission.

(g) The commission may adopt the plan or any part thereof or amendment thereto by a single resolution or may, by successive resolutions, adopt parts of the plan and amendments thereto. Any plan, section of a plan or recommendation in the plan, not endorsed by the legislative body of the municipality may be adopted by the commission by a vote of not less than two-thirds of all the members of the commission. Upon adoption by the commission, any plan or part thereof or amendment thereto shall become effective at a time established by the commission, provided notice thereof shall be published in a newspaper having a general circulation in the municipality prior to such effective date. Any plan or part thereof or amendment thereto shall be posted on the Internet web site of the municipality, if any, and shall be filed in the office of the town clerk, except that, if it is a district plan or amendment, it shall be filed in the offices of both the district and town clerks. The commission shall notify the Secretary of the Office of Policy and Management of any inconsistency between the plan adopted by the commission and the state plan of conservation and development and the reasons therefor.

[(h) Following adoption of a new plan by the commission, the legislative body of any municipality may hold one or more hearings on the proposed plan and, by resolution, may endorse the plan for the municipality.]

(h) Any person may submit a proposal to the commission requesting a change to the plan of conservation and development. Such proposal shall be submitted in writing and on a form prescribed by the commission. Notwithstanding the provisions of subsection (a) of section 8-7d, as amended, the commission shall determine if a public hearing shall be held on the proposal not less than thirty-five days after submission. The commission shall hold a public hearing on such proposal if it determines that (1) such hearing is in the public interest, or (2) a petition was submitted to the commission and signed by twenty per cent of the owners of lots in the area impacted by the proposal or by twenty per cent of the owners of lots abutting such area. Except as provided in this section, any public hearing and decision shall be in accordance with the periods of time permitted under said section 8-7d. The commission shall approve, deny or modify the proposal. Notwithstanding the provisions of this section, if the commission determines, at any time after the proposal is received, that such proposal would require changes to the plan of conservation and development that would be a significant change to the policies and goals of the plan of conservation and development, the commission shall consider the proposal in accordance with the provisions of subsection (f) of this section.

Sec. 2. Section 8-35a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(a) [Each] At least once every ten years, each regional planning agency shall make a plan of development for its area of operation, showing its recommendations for the general use of the area including land use, housing, principal highways and freeways, bridges, airports, parks, playgrounds, recreational areas, schools, public institutions, public utilities and such other matters as, in the opinion of the agency, will be beneficial to the area. Any regional plan so developed shall be based on studies of physical, social, economic and governmental conditions and trends and shall be designed to promote with the greatest efficiency and economy the coordinated development of its area of operation and the general welfare and prosperity of its people. Such plan may encourage energy-efficient patterns of development, the use of solar and other renewable forms of energy, and energy conservation. Such plan shall be designed to promote abatement of the pollution of the waters and air of the region. The regional plan shall identify areas where it is feasible and prudent (1) to have compact, transit accessible, pedestrian-oriented mixed use development patterns and land reuse, and (2) to promote such patterns and reuse and shall note any inconsistencies with the following growth management principles: (A) Redevelopment and revitalization of regional centers and areas of mixed land uses with existing or planned physical infrastructure; (B) expansion of housing opportunities and design choices to accommodate a variety of household types and needs; (C) concentration of development around transportation nodes and along major transportation corridors to support the viability of transportation options and land reuse; (D) conservation and restoration of the natural environment, cultural and historical resources and traditional rural lands; (E) protection of environmental assets critical to public health and safety; and (F) integration of planning across all levels of government to address issues on a local, regional and state-wide basis. The plan of each region contiguous to Long Island Sound shall be designed to reduce hypoxia, pathogens, toxic contaminants and floatable debris in Long Island Sound.

(b) Before adopting the regional plan of development or any part thereof or amendment thereto the agency shall hold at least one public hearing thereon, notice of the time, place and subject of which shall be given in writing to the chief executive officer and planning commission, where one exists, of each member town, city or borough. [, and to the Secretary of the Office of Policy and Management, or his designee.] Notice of the time, place and subject of such hearing shall be published once in a newspaper having a substantial circulation in the region. At least sixty-five days before the public hearing the regional planning agency shall post the plan on the Internet web site of the agency, if any, and submit the plan to the Secretary of the Office of Policy and Management for findings in the form of comments and recommendations. Such findings shall include a review of the plan to determine if the proposed regional plan of development is consistent with the state plan of conservation and development. Such notices shall be given not more than twenty days nor less than ten days before such hearing. The regional planning agency shall note on the record any inconsistency with the state plan of conservation and development and the reasons for such inconsistency. Adoption of the plan or part thereof or amendment thereto shall be made by the affirmative vote of not less than a majority of the representatives on the agency. [A] The plan shall be posted on the Internet web site of the agency, if any, and a copy of the plan or of any amendments thereto, signed by the chairman of the agency, shall be transmitted to the chief executive officers, the town, city or borough clerks, as the case may be, and to planning commissions, if any, in member towns, cities or boroughs, and to the Secretary of the Office of Policy and Management, or his designee. The regional planning agency shall notify the Secretary of the Office of Policy and Management of any inconsistency with the state plan of conservation and development and the reasons therefor.

(c) The regional planning agency shall revise the plan of development not more than three years after the effective date of this section.

(d) The regional planning agency shall assist municipalities within its region and state agencies and may assist other public and private agencies in developing and carrying out any regional plan or plans of such regional planning agency. The regional planning agency may provide administrative, management, technical or planning assistance to municipalities within its region and other public agencies under such terms as it may determine, provided, prior to entering into an agreement for assistance to any municipality or other public agency, the regional planning agency shall have adopted a policy governing such assistance. The regional planning agency may be compensated by the municipality or other public agency with which an agreement for assistance has been made for all or part of the cost of such assistance.

Sec. 3. Section 16a-27 of the general statutes, as amended by section 10 of public act 03-4 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(a) The secretary, after consultation with all appropriate state, regional and local agencies and other appropriate persons shall prior to March 1, 2003, complete a revision of the existing plan and enlarge it to include, but not be limited to, policies relating to transportation, energy and air. Any revision made after May 15, 1991, shall identify the major transportation proposals, including proposals for mass transit, contained in the master transportation plan prepared pursuant to section 13b-15. Any revision made after July 1, 1995, shall take into consideration the conservation and development of greenways that have been designated by municipalities and shall recommend that state agencies coordinate their efforts to support the development of a state-wide greenways system. The Commissioner of Environmental Protection shall identify state-owned land for inclusion in the plan as potential components of a state greenways system.

(b) Any revision made after August 20, 2003, shall take into account (1) economic and community development needs and patterns of commerce, and (2) linkages of affordable housing objectives and land use objectives with transportation systems.

(c) Any revision after July 1, 2004, shall describe the progress towards achievement of the goals and objectives established in the previously adopted state plan of conservation and development and shall identify (1) areas where it is prudent and feasible (A) to have compact, transit accessible, pedestrian-oriented mixed use development patterns and land reuse, and (B) to promote such patterns and reuse, (2) priority funding areas designated under section 11 of this act, and (3) corridor management areas on either side of a limited access highway or a rail line. In designating corridor management areas, the secretary shall make recommendations that (A) promote land use and transportation options to reduce the growth of traffic congestion; (B) connect infrastructure and other development decisions; (C) promote development that minimizes the cost of new infrastructure facilities and maximizes the use of existing infrastructure facilities; and (D) increase intermunicipal and regional cooperation.

[(b)] (d) Thereafter on or before March first in each revision year the secretary shall complete a revision of the plan of conservation and development.

Sec. 4. Section 16a-28 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(a) The secretary shall present a draft of the revised plan of conservation and development for preliminary review to the continuing legislative committee on state planning and development prior to September first in 2002 and prior to September first in each prerevision year thereafter.

(b) After December first in 1985 and after December first in each prerevision year thereafter the secretary shall proceed with such further revisions of the draft of the revised plan of conservation and development as he deems appropriate. The secretary shall, by whatever means he deems advisable, publish said plan and disseminate it to the public on or before March first in revision years. The secretary shall post the plan on the Internet web site of the state.

(c) Within five months of publication of said revised plan the secretary shall hold public hearings, in cooperation with regional planning agencies, to solicit comments on said plan.

Sec. 5. Section 16a-30 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(a) The continuing legislative committee on state planning and development shall within thirty-five days of the convening of the next regularly scheduled session of the General Assembly and after public hearing submit the plan with its recommendation for approval or disapproval to the General Assembly. The plan shall become effective when adopted by the General Assembly as the plan of conservation and development for the state. After adoption, the secretary shall post the plan on the Internet web site of the state.

(b) In the event that the General Assembly disapproves the plan in whole or in part the plan shall be deemed to be rejected and shall be returned to the committee for appropriate action.

(c) Any project included in the first or second phase of UConn 2000, as defined in subdivision (25) of section 10a-109c, shall constitute part of the state plan of conservation and development approved by the General Assembly.

Sec. 6. Subsection (a) of section 8-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(a) The zoning commission of each city, town or borough is authorized to regulate, within the limits of such municipality, the height, number of stories and size of buildings and other structures; the percentage of the area of the lot that may be occupied; the size of yards, courts and other open spaces; 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 the height, size and location of advertising signs and billboards. Such bulk regulations may allow for cluster development, as defined in section 8-18. 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 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 differ from those in another district, and may provide that certain classes or kinds of buildings, structures or uses 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 made in accordance with a comprehensive plan and in adopting such regulations the commission shall consider the plan of conservation and development prepared under section 8-23, as amended by this act, and on and after July 1, 2010, the zoning regulations and map shall be made to be consistent with the map of such plan showing proposed land uses and the recommendations of such plan concerning zoning. Such regulations shall be designed to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population and to facilitate the adequate provision for transportation, water, sewerage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration as to the character 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 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 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 housing choice and economic diversity in housing, including housing for both low and moderate income households, and shall encourage the development of housing which will meet the housing needs identified in the housing plan 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 made with reasonable consideration for their impact on agriculture. Zoning regulations may 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 energy-efficient patterns of development, the use of solar and other renewable forms of energy, and energy conservation. The regulations may also provide for incentives for developers who use passive solar energy techniques, as defined in subsection (b) of section 8-25, as amended by this act, in planning a residential subdivision development. The incentives may include, but not be limited to, cluster development, higher density development and performance standards for roads, sidewalks and underground facilities in the subdivision. Such regulations may 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 for notice requirements in addition to those required by this chapter. Such regulations may provide for conditions on operations to collect spring water or well water, as defined in section 21a-150, as amended, including the time, place and manner of such operations. No such regulations shall prohibit the operation of any family day care home or group day care home in a residential zone. Such regulations shall not impose conditions and requirements on 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 are substantially different from conditions and requirements imposed on single-family dwellings and 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 multifamily dwellings, lots containing multifamily dwellings, cluster developments or planned unit developments. Such regulations shall not prohibit the continuance of any nonconforming use, building or structure existing at the time of the adoption of such regulations. Such regulations shall not 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. 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.

Sec. 7. (NEW) (Effective from passage) (a) On and after July 1, 2010, a zoning commission or combined planning and zoning commission shall not approve a petition requesting a change in the zoning regulations or boundaries of zoning district unless the planning commission or combined planning and zoning commission determines that such change is consistent with the plan of conservation and development adopted by the municipality under section 8-23 of the general statutes, as amended by this act.

(b) In the case of a petition to a zoning commission requesting a change in the zoning regulations or boundaries, such zoning commission, not more than thirty-five days after receiving the petition, shall submit the petition to the planning commission for a determination of consistency with the plan of conservation and development. Not more than thirty-five days after receipt of the petition, the planning commission shall make a determination on consistency of the petition with the plan and shall notify the zoning commission of such determination not more than thirty-five days thereafter. If the planning commission determines the petition is not consistent with the plan of conservation and development, the planning commission shall prepare an amendment to the plan. The amendment shall be submitted to the regional planning agency for review and comment in accordance with subsection (f) of section 8-23 of the general statutes, as amended by this act. The zoning commission and the planning commission shall conduct a joint public hearing on the amendment if either commission finds that (1) such hearing is in the public interest, or (2) a petition was submitted to the planning commission and signed by twenty per cent of the residents in the area impacted by the proposal or by twenty per cent of the owners of lots abutting such area. If a public hearing is held under this subsection, the zoning commission shall not be required to hold a public hearing on the petition under section 8-3 of the general statutes, as amended by this act. Except as provided in this section, any public hearing and decision shall be in accordance with the periods of time permitted under section 8-7d of the general statutes, as amended, except that a decision shall be rendered by the planning commission within thirty-five days of completion of the amendment and notify the zoning commission of its decision not more than thirty-five days thereafter. Notwithstanding the provisions of this subsection, if the planning commission and the zoning commission jointly determine, at any time after the petition is received, that such petition would require changes to the plan of conservation and development that would be a significant change to the policies and goals of the plan of conservation and development, such planning commission shall consider the proposal in accordance with the provisions of subsection (f) of section 8-23 of the general statutes, as amended by this act. The planning commission may approve, deny or modify the amendment. If the planning commission approves or modifies the amendment, not less than thirty-five days after notification of such action, the zoning commission shall determine that the petition to change the zoning regulations or the boundaries of zoning districts is consistent with the plan and may approve such petition. If the planning commission denies the amendment to the plan of conservation and development, the zoning commission shall reject the petition to change the zoning regulations or the boundaries of zoning districts.

(c) In the case of a petition to a combined planning and zoning commission requesting a change in the zoning regulations or boundaries, such commission, not more than thirty-five days after receiving such petition, shall make a determination on consistency of the petition with the plan of conservation and development. If the commission determines the petition is not consistent with the plan of conservation and development, it shall prepare an amendment to the plan. The amendment shall be submitted to the regional planning agency for review and comment in accordance with subsection (f) of section 8-23 of the general statutes, as amended by this act. The commission shall conduct a public hearing on the amendment if such commission finds that (1) such hearing is in the public interest, or (2) a petition was submitted to the planning and zoning commission and signed by twenty per cent of the residents in the area impacted by the proposal or by twenty per cent of the owners of lots abutting such area. If a public hearing is held under this subsection, the commission shall not be required to hold a public hearing on the petition under section 8-3 of the general statutes, as amended by this act. Notwithstanding the provisions of this subsection, if the planning and zoning commission determines, at any time after the petition is received, that such petition would require changes to the plan of conservation and development that would be a significant change to the policies and goals of the plan of conservation and development, such commission shall consider the proposal in accordance with the provisions of subsection (f) of section 8-23 of the general statutes, as amended by this act. Except as provided in this section, any public hearing and decision shall be in accordance with the periods of time permitted under section 8-7d of the general statutes, as amended, except that a decision shall be rendered by the commission not more than thirty-five days after completion of the public hearing. The planning and zoning commission may approve, deny or modify the amendment. If the commission approves or modifies the amendment it shall determine that the petition to change the zoning regulations or the boundaries of zoning districts is consistent with the plan and may approve such petition. If the commission denies the amendment to the plan, the planning and zoning commission shall reject the petition requesting a change to the regulations or boundaries of zoning districts.

Sec. 8. Subsections (a) and (b) of section 8-3 of the general statutes, as amended by section 1 of public act 03-177, are repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Such zoning commission shall provide for the manner in which regulations under section 8-2 or 8-2j, as amended, and the boundaries of zoning districts shall be respectively established or changed and shall establish procedures for decisions on petitions to change the regulations and boundaries of zoning districts which would require an amendment to the plan of conservation and development. No such regulation or boundary shall become effective or be established or changed until after a public hearing in relation thereto, held by a majority of the members of the zoning commission or a committee thereof appointed for that purpose consisting of at least five members. Such hearing shall be held in accordance with the provisions of section 8-7d, as amended. A copy of such proposed regulation or boundary shall be filed in the office of the town, city or borough clerk, as the case may be, in such municipality, but, in the case of a district, in the offices of both the district clerk and the town clerk of the town in which such district is located, for public inspection at least ten days before such hearing, and may be published in full in such paper. The commission may require a filing fee to be deposited with the commission to defray the cost of publication of the notice required for a hearing.

(b) Such regulations and boundaries shall be established, changed or repealed only by a majority vote of all the members of the zoning commission, except as otherwise provided in this chapter. [In] On or before July 1, 2010, in making its decision the commission shall take into consideration the plan of conservation and development, prepared pursuant to section 8-23, as amended by this act, and shall state on the record its findings on consistency of the proposed establishment, change or repeal of such regulations and boundaries with such plan. If a protest against a proposed change is filed at or before a hearing with the zoning commission, signed by the owners of twenty per cent or more of the area of the lots included in such proposed change or of the lots within five hundred feet in all directions of the property included in the proposed change, such change shall not be adopted except by a vote of two-thirds of all the members of the commission.

Sec. 9. Section 8-25 of the general statutes, as amended by section 6 of public act 03-177, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) No subdivision of land shall be made until a plan for such subdivision has been approved by the commission. Any person, firm or corporation making any subdivision of land without the approval of the commission shall be fined not more than five hundred dollars for each lot sold or offered for sale or so subdivided. Any plan for subdivision shall, upon approval, or when taken as approved by reason of the failure of the commission to act, be filed or recorded by the applicant in the office of the town clerk within ninety days of the expiration of the appeal period under section 8-8, or in the case of an appeal, within ninety days of the termination of such appeal by dismissal, withdrawal or judgment in favor of the applicant but, if it is a plan for subdivision wholly or partially within a district, it shall be filed in the offices of both the district clerk and the town clerk, and any plan not so filed or recorded within the prescribed time shall become null and void, except that the commission may extend the time for such filing for two additional periods of ninety days and the plan shall remain valid until the expiration of such extended time. All such plans shall be delivered to the applicant for filing or recording not more than thirty days after the time for taking an appeal from the action of the commission has elapsed or not more than thirty days after the date that plans modified in accordance with the commission's approval and that comply with section 7-31 are delivered to the commission, whichever is later, and in the event of an appeal, not more than thirty days after the termination of such appeal by dismissal, withdrawal or judgment in favor of the applicant or not more than thirty days after the date that plans modified in accordance with the commission's approval and that comply with section 7-31 are delivered to the commission, whichever is later. No such plan shall be recorded or filed by the town clerk or district clerk or other officer authorized to record or file plans until its approval has been endorsed thereon by the chairman or secretary of the commission, and the filing or recording of a subdivision plan without such approval shall be void. Before exercising the powers granted in this section, the commission shall adopt regulations covering the subdivision of land. No such regulations shall become effective until after a public hearing held in accordance with the provisions of section 8-7d, as amended. Such regulations shall provide that the land to be subdivided shall be of such character that it can be used for building purposes without danger to health or the public safety, that proper provision shall be made for water, sewerage and drainage, including the upgrading of any downstream ditch, culvert or other drainage structure which, through the introduction of additional drainage due to such subdivision, becomes undersized and creates the potential for flooding on a state highway, and, in areas contiguous to brooks, rivers or other bodies of water subject to flooding, including tidal flooding, that proper provision shall be made for protective flood control measures and that the proposed streets are in harmony with existing or proposed principal thoroughfares shown in the plan of conservation and development as described in section 8-23, as amended by this act, especially in regard to safe intersections with such thoroughfares, and so arranged and of such width, as to provide an adequate and convenient system for present and prospective traffic needs. Such regulations shall also provide that the commission may require the provision of open spaces, parks and playgrounds when, and in places, deemed proper by the planning commission, which open spaces, parks and playgrounds shall be shown on the subdivision plan. Such regulations may, with the approval of the commission, authorize the applicant to pay a fee to the municipality or pay a fee to the municipality and transfer land to the municipality in lieu of any requirement to provide open spaces. Such payment or combination of payment and the fair market value of land transferred shall be equal to not more than ten per cent of the fair market value of the land to be subdivided prior to the approval of the subdivision. The fair market value shall be determined by an appraiser jointly selected by the commission and the applicant. A fraction of such payment the numerator of which is one and the denominator of which is the number of approved parcels in the subdivision shall be made at the time of the sale of each approved parcel of land in the subdivision and placed in a fund in accordance with the provisions of section 8-25b. The open space requirements of this section shall not apply if the transfer of all land in a subdivision of less than five parcels is to a parent, child, brother, sister, grandparent, grandchild, aunt, uncle or first cousin for no consideration, or if the subdivision is to contain affordable housing, as defined in section 8-39a, equal to twenty per cent or more of the total housing to be constructed in such subdivision. Such regulations, on and after July 1, 1985, shall provide that proper provision be made for soil erosion and sediment control pursuant to section 22a-329. Such regulations shall not impose conditions and requirements on 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 are substantially different from conditions and requirements imposed on single-family dwellings and 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 multifamily dwellings, lots containing multifamily dwellings, cluster developments or planned unit developments. The commission may also prescribe the extent to which and the manner in which streets shall be graded and improved and public utilities and services provided and, in lieu of the completion of such work and installations previous to the final approval of a plan, the commission may accept a bond in an amount and with surety and conditions satisfactory to it securing to the municipality the actual construction, maintenance and installation of such improvements and utilities within a period specified in the bond. Such regulations may provide, in lieu of the completion of the work and installations above referred to, previous to the final approval of a plan, for an assessment or other method whereby the municipality is put in an assured position to do such work and make such installations at the expense of the owners of the property within the subdivision. Such regulations may provide that in lieu of either the completion of the work or the furnishing of a bond as provided in this section, the commission may authorize the filing of a plan with a conditional approval endorsed thereon. Such approval shall be conditioned on (1) the actual construction, maintenance and installation of any improvements or utilities prescribed by the commission, or (2) the provision of a bond as provided in this section. Upon the occurrence of either of such events, the commission shall cause a final approval to be endorsed thereon in the manner provided by this section. Any such conditional approval shall lapse five years from the date it is granted, provided the applicant may apply for and the commission may, in its discretion, grant a renewal of such conditional approval for an additional period of five years at the end of any five-year period, except that the commission may, by regulation, provide for a shorter period of conditional approval or renewal of such approval. Any person, firm or corporation who, prior to such final approval, sells or offers for sale any lot subdivided pursuant to a conditional approval shall be fined not more than five hundred dollars for each lot sold or offered for sale.

(b) The regulations adopted under subsection (a) of this section shall also encourage energy-efficient patterns of development and land use, the use of solar and other renewable forms of energy, and energy conservation. The regulations shall require any person submitting a plan for a subdivision to the commission under subsection (a) of this section to demonstrate to the commission that such person has considered, in developing the plan, using passive solar energy techniques which would not significantly increase the cost of the housing to the buyer, after tax credits, subsidies and exemptions. As used in this subsection and section 8-2, passive solar energy techniques mean site design techniques which maximize solar heat gain, minimize heat loss and provide thermal storage within a building during the heating season and minimize heat gain and provide for natural ventilation during the cooling season. The site design techniques shall include, but not be limited to: (1) House orientation; (2) street and lot layout; (3) vegetation; (4) natural and man-made topographical features; and (5) protection of solar access within the development.

(c) The regulations adopted under subsection (a) of this section, may, to the extent consistent with soil types, terrain, infrastructure capacity and the plan of development for the community, provide for cluster development, and may provide for incentives for cluster development such as density bonuses, or may require cluster development.

(d) On and after July 1, 2010, the regulations shall be reviewed, and revised, if needed, to be consistent with a map of the municipal plan of conservation and development, adopted under section 8-23, as amended by this act, showing proposed land uses and the recommendations of such plan concerning subdivisions.

Sec. 10. Section 8-26 of the general statutes, as amended by section 7 of public act 03-177, is repealed and the following is substituted in lieu thereof (Effective from passage):

All plans for subdivisions and resubdivisions, including subdivisions and resubdivisions in existence but which were not submitted to the commission for required approval, whether or not shown on an existing map or plan or whether or not conveyances have been made of any of the property included in such subdivisions or resubdivisions, shall be submitted to the commission with an application in the form to be prescribed by it. The commission shall have the authority to determine whether the existing division of any land constitutes a subdivision or resubdivision under the provisions of this chapter, provided nothing in this section shall be deemed to authorize the commission to approve any such subdivision or resubdivision which conflicts with applicable zoning regulations. Such regulations may contain provisions whereby the commission may waive certain requirements under the regulations by a three-quarters vote of all the members of the commission in cases where conditions exist which affect the subject land and are not generally applicable to other land in the area, provided that the regulations shall specify the conditions under which a waiver may be considered and shall provide that no waiver shall be granted that would have a significant adverse effect on adjacent property or on public health and safety. The commission shall state upon its records the reasons for which a waiver is granted in each case. The commission may establish a schedule of fees and charge such fees. The amount of the fees shall be sufficient to cover the costs of processing subdivision applications, including, but not limited to, the cost of registered or certified mailings and the publication of notices, and the costs of inspecting subdivision improvements. Any schedule of fees established under this section shall be superseded by fees established by ordinance under section 8-1c. [The commission may hold a public hearing regarding any subdivision proposal if, in its judgment, the specific circumstances require such action. No plan of resubdivision shall be acted upon by the commission without a public hearing.] The commission shall conduct a public hearing on a subdivision or resubdivision if a petition is submitted to the commission signed by twenty per cent of the owners of lots included in such proposed subdivision or resubdivision or twenty per cent of the owners of the lots within three hundred feet in all directions of the property included in the proposed subdivision or resubdivision. Such public hearing shall be held in accordance with the provisions of section 8-7d, as amended. The commission shall approve, modify and approve, or disapprove any subdivision or resubdivision application or maps and plans submitted therewith, including existing subdivisions or resubdivisions made in violation of this section, within the period of time permitted under section 8-26d, as amended. Notice of the decision of the commission shall be published in a newspaper having a substantial circulation in the municipality and addressed by certified mail to any person applying to the commission under this section, by its secretary or clerk, under his signature in any written, printed, typewritten or stamped form, within fifteen days after such decision has been rendered. In any case in which such notice is not published within such fifteen-day period, the person who made such application may provide for the publication of such notice within ten days thereafter. Such notice shall be a simple statement that such application was approved, modified and approved or disapproved, together with the date of such action. The failure of the commission to act thereon shall be considered as an approval, and a certificate to that effect shall be issued by the commission on demand. The grounds for its action shall be stated in the records of the commission. No planning commission shall be required to consider an application for approval of a subdivision plan while another application for subdivision of the same or substantially the same parcel is pending before the commission. For the purposes of this section, an application is not "pending before the commission" if the commission has rendered a decision with respect to such application and such decision has been appealed to the Superior Court. If an application involves land regulated as an inland wetland or watercourse under the provisions of chapter 440, the applicant shall submit an application to the agency responsible for administration of the inland wetlands regulations no later than the day the application is filed for the subdivision or resubdivision. The commission shall not render a decision until the inland wetlands agency has submitted a report with its final decision to such commission. In making its decision the commission shall give due consideration to the report of the inland wetlands agency. In making a decision on an application, the commission shall consider information submitted by the applicant under subsection (b) of section 8-25, as amended by this act, concerning passive solar energy techniques. The provisions of this section shall apply to any municipality which exercises planning power pursuant to any special act.

Sec. 11. (NEW) (Effective July 1, 2004) (a) As used in this section:

(1) "Funding" includes any form of assurance, guarantee, grant payment, credit, tax credit or other assistance, including a loan, loan guarantee, or reduction in the principal obligation of or rate of interest payable on a loan or a portion of a loan;

(2) "Growth-related project" means any project which includes (A) the acquisition of real property when the acquisition costs are in excess of one hundred thousand dollars, except the acquisition of open space for the purposes of conservation or preservation; (B) the development or improvement of real property when the development costs are in excess of one hundred thousand dollars; (C) the acquisition of public transportation equipment or facilities when the acquisition costs are in excess of one hundred thousand dollars; or (D) the authorization of each state grant, any application for which is not pending on July 1, 2005, for an amount in excess of one hundred thousand dollars, for the acquisition or development or improvement of real property or for the acquisition of public transportation equipment or facilities, except the following: (i) Projects for maintenance, repair, additions or renovations to existing facilities, acquisition of land for telecommunications towers whose primary purpose is public safety, parks, conservation and open space, and acquisition of agricultural, conservation and historic easements; (ii) funding by the Department of Economic and Community Development for any project financed with federal funds used to purchase or rehabilitate existing single or multi-family housing or projects financed with the proceeds of revenue bonds if the Commissioner of Economic and Community Development determines that application of this section and sections 13 and 14 of this act (I) conflicts with any provision of federal or state law applicable to the issuance or tax-exempt status of the bonds or any provision of any trust agreement between the Department of Economic and Community Development and any trustee, or (II) would otherwise prohibit financing of an existing project or financing provided to cure or prevent any default under existing financing; (iii) projects that the Commissioner of Economic and Community Development determines promote fair housing choice and racial and economic integration as described in section 8-37cc of the general statutes; (iv) projects at an existing facility needed to comply with state environmental or health; and (v) any other project, funding or other state assistance not included under subparagraphs (A) to (D), inclusive, of this subsection.

(3) "Priority funding area" means the area of the state designated under subsection (b) of this section.

(b) On or before January 1, 2005, and biennially thereafter, the Secretary of the Office of Policy and Management, in consultation with the Commissioners of Economic and Community Development, Environmental Protection, Administrative Services and Transportation shall develop recommendations for delineation of the boundaries of priority funding areas in the state and for revisions thereafter. In making such recommendations the secretary shall consider areas designated as regional centers, growth areas, neighborhood conservation areas and rural community centers on the state plan of conservation and development, redevelopment areas, distressed municipalities, as defined in section 32-9p of the general statutes; targeted investment communities, as defined in section 32-222 of the general statutes; public investment communities, as defined in section 7-545 of the general statutes, enterprise zones, designated by the Commissioner of Economic and Community Development under section 32-70 of the general statutes and corridor management areas identified in the state plan of conservation and development. The secretary shall submit the recommendations to the Continuing Legislative Committee on State Planning and Development established pursuant to section 4-60d of the general statutes for review. The committee shall report its recommendations to the General Assembly on or before February 15, 2005, and every five years thereafter. The boundaries shall become effective upon approval of the General Assembly.

Sec. 12. (NEW) (Effective July 1, 2004) (a) On and after the approval of the General Assembly of the boundaries of priority funding areas under section 11 of this act, no state agency, department or institution shall provide funding for a growth-related project unless such project is located in a priority funding area.

(b) Notwithstanding the provisions of subsection (a) of this section, the state may provide funding for a growth-related project that is not located in a priority funding area if the head of the department, agency or institution providing such funding determines that such project is consistent with the plan of conservation and development, adopted under section 8-23 of the general statutes, as amended by this act, of the municipality in which such project is located and that such project (1) enhances other activities targeted by state agencies, departments and institutions to a municipality within the priority funding area, (2) is located in a distressed municipality, as defined in section 32-9 of the general statutes, targeted investment community, as defined in section 32-222 of the general statutes, or public investment community, as defined in section 7-545 of the general statutes, (3) supports existing neighborhoods or communities, (4) promotes the use of mass transit, (5) provides for compact, transit accessible, pedestrian-oriented mixed use development patterns and land reuse and promotes such patterns and reuse, (6) creates an extreme inequity, hardship or disadvantage that clearly outweighs the benefits of locating the project in a priority funding area if such project were not funded, (7) has no reasonable alternative for the project in a priority funding area in another location, (8) must be located away from other developments due to its operation or physical characteristics, or (9) is for the reuse or redevelopment of an existing site.

(c) Not more than one year after the designation of priority funding areas, and annually thereafter, each department, agency or institution shall prepare a report that describes grants made under subsection (b) of this section and the reasons therefor.

Sec. 13. (Effective July 1, 2004) On and after the approval of the General Assembly of the boundaries of priority funding areas pursuant to section 11 of this act, each state agency, department or institution shall cooperate with municipalities to ensure that programs and activities in rural areas sustain village character.

Sec. 14. (NEW) (Effective July 1, 2004) On and after the approval of the General Assembly of the boundaries of priority funding areas under section 11 of this act, each state agency and department shall review regulations adopted in accordance with the provisions of chapter 54 of the general statutes and modify such regulations to carry out the purpose of coordinated management of growth-related projects in priority funding areas.

Sec. 15. (NEW) (Effective July 1, 2004) The Office of Policy and Management, within available appropriations, shall coordinate review of federal projects in relation to their location in priority funding areas to encourage location in urban areas pursuant to the provisions of Federal Executive Order 12072-Federal Space Management.

Statement of Legislative Commissioners:

In Subsection (a) of section 2, the phrase "support the viability of transportation options" was replaced with "accommodate a variety of household types and needs" for consistency with subdivision (1) of subsection (d) of section 1.

The following fiscal impact statement and bill analysis are prepared for the benefit of members of the General Assembly, solely for the purpose of information, summarization, and explanation, and do not represent the intent of the General Assembly or either House thereof for any purpose:

OFA Fiscal Note

State Impact:

Note: GF=General Fund

Municipal Impact:

Explanation

The bill adds certain factors that the Office of Policy and Management (OPM) must consider when it revises the State's Conservation and Development Plan, which results in no additional fiscal impact on the agency. Beginning in January 1, 2005 the bill requires OPM to biennially recommend geographic areas to be designated Priority Funding Areas, which results in no fiscal impact on the agency. The bill requires OPM, within available appropriations, to encourage federal agencies to locate in urban Priority Funding Areas, which results in no fiscal impact to the agency.

Any consultations required by the Departments of Economic and Community Development (DECD) and Environmental Protection (DEP) in developing recommendations for setting of the boundaries of priority funding can be handled within the routine duties of the agencies.

Requiring the review and modification of regulations to carry out the purpose of coordinated management of growth related projects in priority funding areas could significantly increase costs to the DEP. Depending upon the complexity of the impacted regulations and the number impacted, cost could be significant, in excess of $100,000. It is also anticipated that DECD would incur minimal costs, under $5,000, for this process.

Requiring that agencies that provide funds for a growth related project that is not in a priority funding area make various determinations as required in the legislation, and provide the information/justification in an annual report, would increase costs to various agencies. The extent of the costs would depend upon the number and type of grant/loan programs and the financial assistance provided. The DEP could have to make such determinations for municipal recipients under the Clean Water Fund, which is based on its own priority system, resulting in increased costs. The exact impact is not known.

Municipal Impact

The bill requires local and regional planning agencies (RPAs) to consider additional factors when revising their plans of conservation and development, which must be revised by July 1, 2007. Additionally, the bill requires regional planning agencies to determine whether it is prudent and feasible to have mixed use development patterns and determine whether the plan is consistent with the state plan of conservation and development. This is not anticipated to result in a fiscal impact to municipalities. The bill requires municipalities that have a website to post the plan on its website at least 65 days prior to the hearing, which results in no fiscal impact.

Implementation of the priority funding areas could divert grant funds from one municipality to another. The exact impact is not known.



OLR Bill Analysis

sHB 5044

AN ACT CONCERNING PLANS OF CONSERVATION AND DEVELOPMENT

SUMMARY:

This bill makes many changes in state land use law. It expands the requirements for the state Plan of Conservation and Development (Plan of C&D). It requires regional planning agencies (RPAs) to revise their existing plans of development by July 1, 2007 and at least once every 10 years. It modifies the law adoption process and requires the plans to (1) identify any inconsistencies with six growth management principles, which are included in the current draft state Plan of C&D and (2) note on the record any inconsistencies with the state Plan of C&D and the reasons for them. It expands the contents of local plans of C&D, requires that they address the six growth management principles, modifies the process by which they are adopted, and establishes a process under which anyone may submit a proposal to the planning commission to request a change to the plan.

The bill requires, starting July 1, 2010, the zoning and subdivision regulations and the zoning map be made consistent with the relevant provisions of the local plan of C&D and its map.

Starting July 1, 2010, the bill bars municipalities from approving a petition to change zoning regulations or the zoning map unless the zoning commission finds that the change is consistent with the local plan of C&D. It establishes a process for the commission to determine whether the change is consistent with the plan.

The bill limits the circumstances under which a planning commission must hold a hearing on resubdivision.

The bill establishes a process for Office of Policy and Management (OPM) to designate priority funding areas, subject to legislative approval. It generally restricts state funding for growth-related projects to such areas and establishes new criteria for targeting state funding for such projects.

Finally, the bill requires the OPM secretary, within available funds, to coordinate the review of federal projects in relation to their location in priority funding areas to encourage the location of these projects in urban areas in accordance with a federal executive order.

EFFECTIVE DATE: Upon passage for the provisions on zone changes and subdivisions, July 1, 2004 for the remaining provisions.

STATE PLAN OF C&D

The law requires OPM to prepare the state Plan of C&D for legislative approval every five years. The bill requires that future plans describe the progress made in achieving the goals and objectives of the last plan. Future plans must also:

1. identify areas where it is prudent and feasible to have mixed use development patterns and land reuse that is compact, accessible to transit, and pedestrian-oriented and promote such patterns and reuse

2. identify priority funding areas (described below); and

3. identify corridor management areas on either side of a limited access highway or a rail line.

In designating corridor management areas, the OPM secretary must make recommendations that:

1. promote land use and transportation options to reduce the growth of traffic congestion,

2. connect infrastructure and other development decisions,

3. promote development that minimizes the cost of new infrastructure facilities and maximizes the use of existing facilities, and

4. increase intermunicipal and regional cooperation.

The bill requires that the secretary post the draft and adopted plans on the state website.

REGIONAL PLAN

By law, regional planning agencies (RPA) must adopt a plan of development. The bill requires that they do so at least once every 10 years. It also requires RPAs to revise their existing plans by July 1, 2007.

The bill requires the plan to identify areas where it is prudent and feasible to have mixed use development patterns and land reuse that is compact, accessible to transit, and pedestrian-oriented and promote such patterns and reuse. It also requires the plan identify any inconsistencies with the following growth management principles:

1. redevelop and revitalize regional centers and areas of mixed land uses with existing or planned physical infrastructure;

2. expand housing opportunities and design choices to support the viability of transportation options;

3. concentrate development around transportation nodes and along major transportation corridors to support the viability of transportation options and land reuse;

4. conserve and restore the natural environment, cultural and historical resources, and traditional rural lands;

5. protect environmental assets critical to public health and safety; and

6. integrate planning across all levels of government to address issues on a local, regional, and statewide basis.

By law, the RPA must hold a public hearing on its draft plan. The bill requires that the RPA post the plan on its website at least 65 days before the hearing. It requires the RPA to submit the draft plan to OPM for findings in the form of comments and recommendations, rather than giving OPM notice of the public hearing. The findings have to include a review of whether the draft is consistent with the state Plan of C&D. The RPA must note on the record any inconsistencies and the reasons for them. The RPA must notify the OPM secretary of any such inconsistencies in the adopted plan and the reasons for them.

The RPA must post the plan its website if it has one.

LOCAL PLANS OF C&D

Contents

By law, a local planning commission must prepare or amend a plan of C&D for its municipality every 10 years. The bill requires the plans to (1) identify where it is feasible and prudent to have mixed use development patterns and land reuse that are compact, transit accessible, pedestrian-oriented and (2) promote such patterns and reuse. The bill requires the commission to consider focusing development and revitalization in areas with existing or planned infrastructure in preparing the plan. It requires the plans, in addition to their existing components, to provide for a system of thoroughfares, parkways, bridges, streets, sidewalks, and other public ways as appropriate, rather than just including the commission’s recommendations for these facilities. It allows the plan to include the commission’s recommendations for corridor management areas and proposed funding areas (described below).

By law, the plan must include the commission’s recommendations for how the land in the municipality should be used. The bill explicitly requires that the plan include a map with such proposed uses. It also specifically allows the plan to include the commission’s recommendations regarding the location, relocation, and improvement of schools (the provision already applies to public buildings).

Under current law, the local commission must note any inconsistencies with the state Plan of C&D. The bill instead requires the local to note any inconsistencies with the six growth management principles listed above.

Adoption Process

By law, the commission must hold a hearing on the plan. The bill requires that the commission submit the plan to the RPA 35, rather than 65, days before the hearing on adopting the plan. It also requires the commission to post the draft plan on the municipality’s website (if there is one) by the new deadline. The bill requires the RPA’s advisory report back to the commission to include findings regarding the local plan’s consistency with the state Plan of C&D, the regional plan of development, and the local plans of C&D of other municipalities in the RPA’s area.

The bill explicitly allows the commission to revise its plan in accordance with the RPA’s report.

The bill eliminates:

1. the requirement for the commission to submit the plan to the municipality’s legislative body for its review at least 65 days before the public hearing,

2. the legislative body’s authority to hold a hearing on the plan at this stage and the requirement that the body submit its comments to the commission before the hearing on the plan’s adoption,

3. the provision that deems the legislative body’s failure to report before by the hearing date as its approval of the plan, and

4. the legislative body’s authority to hold a hearing on the adopted plan and to adopt a resolution on endorsing the plan.

Instead, the bill allows the commission to revise its draft plan after its public hearing and requires that the proposed final plan be submitted to the legislative body for its endorsement. The legislative body must endorse or reject the plan or parts of it. It may submit comments and recommended changes to the commission.

In town-meeting towns, the proposed final plan goes to the board of selectmen, which may hold a hearing on it. The town meeting may endorse or reject the plan or parts of it and submit comments and recommendations on it. (The bill is silent on whether municipalities with other forms of government can hold a hearing on the plan and their deadlines for acting on it.)

By law, even if the legislative body does not endorse all or part of the plan, the commission can still adopt it by a vote of at least two-thirds of its members.

Once the plan is adopted, it must be posted on the municipality’s website (if there is one). The commission must notify the OPM secretary of any inconsistencies between the final plan and the state Plan of C&D and the reasons for them.

Amendments to the Plan

The bill allows anyone to submit a proposal to the commission to request a change to the plan. The proposal must be in writing and on a form prescribed by the commission. The commission must decide whether to hold a hearing on the proposal within 35 of receiving it. It must hold a hearing if it receives a petition signed by 20% of the owners of lots (1) in the area affected by the proposal or (2) abutting this area. The commission also must hold a hearing if it determines that it is in the public interest.

The commission must approve, deny, or modify the proposal by the deadline that already applies to other petitions (usually 65 days after the hearing ends). If the commission determines at any time that the proposal would be a significant change to the policies and goals of the local plan, it must consider the proposal in the way discussed below.

ZONING REGULATIONS

Under current law, zoning commissions must consider the local plan in making decisions about zoning regulations and zoning district boundaries. The bill requires that by July 1, 2010 the regulations and maps be made consistent with the recommendations of the local Plan of C&D regarding zoning and the plan’s proposed land use map. It requires that zoning commissions establish procedures for decisions on petitions to change zoning regulations and zoning boundaries that would require an amendment to the local plan.

Changes to Zoning Regulations or Maps

On and after July 1, 2010, the bill bars a zoning commission or combined planning and zoning (P&Z) commission from approving a petition requesting a change in the regulations or zone boundaries unless the commission determines that the change is consistent with the local plan. The bill provides for different procedures, depending on whether the municipality has P&Z commission or a separate zoning commission.

If the municipality has a P&Z commission, the commission must make the determination on consistency within 35 days after receiving the petition. If it determines that the petition is inconsistent with the local plan, it must prepare an amendment to the plan and submit it to the RPA for review and comment. The RPA must follow the procedures described above under the discussion of local plans of C&D.

The commission must hold a hearing on the proposed amendment if it receives a petition signed by 20% of the owners of lots (1) in the area affected by the proposal or (2) abutting this area. It also must hold a hearing if it determines that it is in the public interest. If the commission holds a hearing under these provisions, it does not have to hold the hearing required under current law regarding zoning regulation changes.

The commission must act on the petition within 35 days of completing the hearing. If the commission determines at any time that the petition would require changes to the local plan that would significantly change its goals and policies, the commission has to treat it under the bill’s procedures governing changes to the plan.

The commission can approve, deny, or modify the proposed amendment. If it approves or modifies the amendment, it must determine that the petition is consistent with the plan and may approve it. If the commission denies the amendment, it must reject the petition.

If a municipality has a separate zoning commission, a somewhat different approval process applies. The zoning commission must submit the petition to the planning commission within 35 days of receiving it. The planning commission must determine whether the petition is consistent with the local plan and notify the zoning commission of its determination within 35 days of making it.

If the planning commission determines that the petition is not consistent with the local plan, it must prepare an amendment to the plan and submit the amendment to the RPA for its review, as described above. The zoning and planning commissions must hold a joint hearing if either commission receives a petition signed by (1) 20% of the residents in the area affected by the proposal or (2) 20% of the lot owners abutting this area. It also must hold a hearing if either commission determines that this is in the public interest. If the joint hearing is held, the zoning commission does not have to hold the hearing required under current law for a zoning change.

The planning commission has to make its determination on the plan amendment within 35 days of completing it and must notify the zoning commission of its decision within 35 days of making it.

If the commissions jointly decide that the petition would require changes in the local plan that would be a significant change to its policies and goals, the planning commission must consider the amendment.

The planning commission may approve, deny, or modify the amendment. If it approves or modifies the amendment, the zoning commission must determine that the petition is consistent with the local plan and may approve the petition. If the planning commission denies the amendment, the zoning commission must reject the petition.

SUBDIVISION REGULATIONS

The bill requires planning commissions to review and revise, as necessary, their subdivision regulations starting July 1, 2010 to make them consistent with the local plan’s map and recommendations regarding subdivisions.

Current law requires public hearings on resubdivisions and allows the commission to hold a hearing on any subdivision proposal if it believes that the circumstances warrant a hearing. The bill instead requires a hearing on either if (1) the commission decides this is in the public interest or (2) a petition is submitted to the commission signed by 20% of the lot owners in the affected area or (b) 20% of the owners of lots within 300 feet of the affected area.

PRIORITY FUNDING AREAS

Designation

Under the bill, by January 1, 2005 and every two years thereafter, the OPM secretary must develop recommendations for setting and revising boundaries for priority funding areas. He must consult with the economic and community development, environmental protection, administrative services, and transportation commissioners in doing this.

In making his recommendations, the secretary must consider:

1. regional centers, growth areas, neighborhood conservation areas, and rural community centers as designated in the state Plan of C&D;

2. redevelopment areas distressed municipalities, targeted investment communities, public investment communities, and enterprise zones; and

3. corridor management areas identified in the state Plan of C&D.

The secretary must submit his recommendations to the Continuing Legislative Committee on State Planning and Development for its review. The committee must report its recommendations to the legislature by February 15, 2005 and every five years thereafter. The boundaries of the priority funding areas become effective upon the approval of the legislature.

Once the areas are designated, each state agency and department must review its regulations and modify them to carry out coordinated management of growth-related projects in priority funding areas. Each agency, department, and institution must cooperate with municipalities to ensure that programs and activities in rural areas sustain village character.

State Funding for Growth-Related Projects

Once the boundaries are established, state agencies, departments, and institutions generally cannot provide funding for growth-related projects outside of the priority funding areas. Funding includes any form of assurance, guarantee, grant, credit, tax credit, loan, loan guarantee, or reduction in the principal or interest rate on all or part of a loan.

Growth-related projects are those that include:

1. acquisition of real property , other than open space for conservation or preservation purposes, with an acquisition cost over $100,000;

2. development or improvement of real property where the development costs exceed $100,000; and

3. acquisition of public transportation facilities or equipment costing more than $100,000;

Growth-related projects also include the authorization of state grants of more than $100,000, if the grant application is not pending on July 1, 2005, to (1) acquire, develop, or improve real property or (2) acquire public transportation equipment or facilities.

Such grants are not considered growth-related projects if they are for:

1. maintaining, repairing, adding to, or renovating existing facilities;

2. acquiring land for telecommunications towers whose primary purpose is public safety;

3. parks, conservation and open space;

4. acquiring agricultural, conservation, and historic easements;

5. housing that the economic and community development commissioner determines will promote fair housing choice and racial and economic integration; and

6. projects at an existing facility that needed to comply with state environmental or health standards.

In addition, grant funding by the Department of Economic and Community Development (DECD) is not considered a growth-related project under certain circumstances. To be exempt, the grant must be used for a project (1) financed with federal funds to purchase or rehabilitate existing single or multifamily housing or (2) financed by revenue bonds. In addition, the DECD commissioner must determine that applying of these sections of the bill would (1) conflict with state or federal law regarding the issuance or tax-exempt status of bonds or a provision of a trust agreement between DECD and trustees or (2) prohibit financing of an existing project or financing provided to cure or prevent a default under existing financing.

Funding Projects Outside of Priority Funding Areas

State funding of growth-related projects is allowed outside of priority funding areas if the head of the funding agency determines that it is consistent with the local Plan of C&D and that the project:

1. enhances other activities targeted by state agencies, departments, or institutions to a municipality within a priority funding area;

2. is located in a distressed municipality, targeted investment community, or public investment community;

3. supports existing neighborhoods or communities;

4. promotes the use of mass transit;

5. provides for mixed use development patterns and land reuse that is compact, transit accessible, and pedestrian oriented, and promotes such patterns and land reuse;

6. has no reasonable alternate site in a priority funding area;

7. must be located away from other developments due to its operational or physical characteristics; or

8. is for the reuse or redevelopment of an existing site.

In addition, it appears that the bill allows for funding projects outside of priority areas if the extreme inequity, hardship, or disadvantage of not funding the projects clearly outweighs the benefits of locating the project within such areas.

Within one year after the areas are designated and annually thereafter, every department, agency, and institution must prepare a report that describes grants for growth-related projects made under these provisions.

COMMITTEE ACTION

Planning and Development Committee

Joint Favorable Substitute