PA 06-97—sHB 5707

Planning and Development Committee

AN ACT CONCERNING SUBDIVISIONS FOR AFFORDABLE HOUSING DEVELOPMENTS

SUMMARY: This act allows a municipality's legislative body to adopt an ordinance exempting from the municipality's subdivision regulations a landowner's first subdivision of land so long as the lot created is for affordable housing developed by the municipality or a nonprofit organization. (Subdivision regulations routinely impose requirements on developers for such things as streets, sewers, and open space. ) The ordinance must provide that this exemption is in addition to any other exemption provided under the law governing subdivisions and may not be construed as exercising any right under any other exemption. The ordinance must also provide that any further subdivision of the lot created for affordable housing is subject to subdivision regulations.

By law, a “subdivision” is the division of a parcel into three or more lots. As a result, a property owner can divide one lot from his previously un-subdivided parcel without being subject to the subdivision regulations.

EFFECTIVE DATE: October 1, 2006

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