AN ACT CONCERNING CONSERVATION DEVELOPMENT.

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

Section 1. (NEW) (Effective July 1, 2008) As used in sections 2 to 4, inclusive, of this act:

(1) "Conservation development" means a residential development that concentrates buildings and structures in specific areas of a lot, site or parcel so that the remaining land can used for recreation, open space or preservation of features or structures with environmental, historical, cultural or other significance;

(2) "Conservation development zone" means a zone adopted by a zoning commission pursuant to sections 2 to 4, inclusive, of this act;

(3) "Open space" means land or a permanent interest in land that is used for or satisfies one or more of the criteria listed in subsection (b) of section 7-131d of the general statutes; and

(4) "Zoning commission" means a municipal agency designated or authorized to exercise zoning powers under chapter 124 of the general statutes or a special act, and includes an agency that exercises both planning and zoning authority.

Sec. 2. (NEW) (Effective October 1, 2008) (a) Notwithstanding the provisions of a charter or special act, a zoning commission may adopt, as part of the zoning regulations adopted under section 8-2 of the general statutes or any special act, regulations establishing a conservation development zone in accordance with the provisions of this section and sections 3 and 4 of this act. On or after the effective date of regulations adopted by the commission under this section and sections 3 and 4, of this act, the zoning commission shall amend the zoning regulation concerning conservation development in accordance with the provisions of this section and sections 3 and 4 of this act.

(b) A conservation development zone shall be an overlay zone and shall satisfy the following requirements:

(1) A conservation development for which an application has been filed pursuant to the provisions of subsection (g) of section 8-3 of the 2008 supplement to the general statutes shall be an as of right permitted use in such zone and such development shall not be subject to any special permit, special exception, special exemption or other similar discretionary procedures, requirements or standards under the provisions of chapter 124 of the general statutes;

(2) The number of housing units per acre in the conservation development zone shall constitute an increase over the housing density of the underlying zone of (A) at least ten per cent if the amount of land set aside as open space is more than twenty-five per cent of the development area; (B) at least twenty per cent if the amount of land set aside is more than thirty-five per cent of the development area; or (C) at least thirty per cent if the amount of land set aside as open space is more than forty-five per cent. The density provided for in this subdivision shall be increased by two per cent if the open space to be set aside is adjacent to other open space or to a highway;

(3) The size of lots shall be based on soil characteristics, except as otherwise provided for in this subdivision. If a lot is served by a public water or sewer system or served by an advanced treatment wastewater system, the regulations may authorize the commission to waive the requirements of the zoning regulations, including, but not limited to, requirements for lot size setbacks, lot coverage, building height and road frontage. If a lot is not served by a public water or sewer system or served by an alternative on-site sewage treatment system, such regulations shall contain provisions for lot size, setbacks, lot coverage, building height and road frontage that are necessary to protect the health and safety of the municipality;

(4) Open space in a conservation development shall restore, preserve or enhance wildlife habitation or use of the property;

(5) The amount of open space the commission may require within a conservation development shall be at least twenty per cent, but not more than fifty per cent, of the land that can be improved excluding: (A) Land already committed to a public use or purpose, whether publicly or privately owned; (B) existing parks, recreation areas and open space that is dedicated to the public or subject to a recorded conservation easement; (C) land otherwise subject to an enforceable restriction on or prohibition of development; (D) wetlands or watercourses as defined in chapter 440 of the general statutes; and (E) vertical slopes too extreme for development and which would yield a profit equivalent to a development on land without a vertical slope; and

(6) The open space within the development shall be transferred by easement or conveyance to the municipality or to a nonprofit land holding conservation organization.

Sec. 3. (NEW) (Effective July 1, 2008) (a) A zoning commission, at the time of and as part of its adoption of regulations for a conservation development zone, may adopt design standards for a conservation development within such zone.

(b) Such design standards may (1) ensure that construction within the conservation development zone is complementary to adjacent and neighboring buildings and structures; and (2) address the scale and proportions of buildings; site coverage; alignment, width and grade of streets and sidewalks; type and location of infrastructure; location of building and garage entrances; off-street parking; protection of significant natural site features; location and design of open spaces; signage; and setbacks and buffering from adjacent properties.

Sec. 4. (NEW) (Effective July 1, 2008) (a) A zoning commission shall prescribe, consistent with the provisions of this section and sections 1 and 2 of this act, the form of an application for approval of a conservation development. Receipt and processing of applications shall follow the time periods and procedures of chapter 124 or 126 of the general statutes, as applicable. A zoning commission, or its agent, is authorized, to the extent allowed by the Freedom of Information Act, to conduct one or more preliminary or preapplication planning or workshop meetings with regard to a conservation development zone or development.

(b) The regulations in a conservation development zone may require the applicant for approval of a conservation development to pay the cost of reasonable consulting fees to provide peer review of the technical aspects of the application for the benefit of the commission. Such fees shall be held in a separate account and used only for expenses associated with the technical review of the application by consultants who are not otherwise salaried employees of the municipality or the commission, and any surplus remaining, including any interest accrued, shall be returned to the applicant within forty-five days of the completion of such technical review.

(c) Conservation development zone regulations may provide for the referral of a site plan or subdivision application for comment to other agencies, boards or commissions of the municipality. If a site plan or subdivision application is referred to another agency, board or commission, such agency, board or commission may provide any comments to the zoning, within the applicable time period for such commission to make a decision on the application.

(d) A conservation development shall be approved by the zoning commission subject only to conditions that are necessary to (1) ensure substantial compliance of the proposed development with the requirements of the conservation development zone regulations, design standards, if any, and, if applicable, subdivision regulations, pursuant to section 8-25 of the 2008 supplement to the general statutes, as amended by this act; or (2) ensure compliance with the provisions of any state law or regulations adopted thereunder or local ordinance concerning land use. An application may be denied only on the grounds that: (A) The development does not meet the requirements set forth in the conservation development zone regulations; (B) the applicant failed to submit information and fees required by the regulations and necessary for an adequate and timely review of the design of the development or potential development impacts; or (C) there is no grantee for an easement or conveyance of the open space.

(e) The duration and renewal of an approval of a conservation development shall be governed by subsection (i) or (j) of section 8-3 of the 2008 supplement to the general statutes, section 8-26c or section 8-26g of the general statutes, as applicable.

Sec. 5. Section 8-25 of the 2008 supplement to the general statutes is amended by adding subsection (d) as follows (Effective July 1, 2008):

(NEW) (d) Notwithstanding the provisions of a charter or special act, a commission shall amend the subdivision regulations adopted under subsection (a) of this section to provide for conservation development consistent with zoning regulations adopted in the municipality under section 2 of this act. Such subdivision regulations may require the applicant for approval of a conservation development to pay the cost of reasonable consulting fees to provide peer review of the technical aspects of the application for the benefit of the commission.

Sec. 6. Section 8-26 of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2008):

(a) 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. Such public hearing shall be held in accordance with the provisions of section 8-7d of the 2008 supplement to the general statutes. 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. 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, within the period of time established in section 8-7d of the 2008 supplement to the general statutes, accept the filing of and shall process, pursuant to section 8-7d of the 2008 supplement to the general statutes, any subdivision or resubdivision involving land regulated as an inland wetland or watercourse under chapter 440. 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 consider the report of the inland wetlands agency and if the commission establishes terms and conditions for approval that are not consistent with the final decision of the inland wetlands agency, the commission shall state on the record the reason for such terms and conditions. In making a decision on an application, the commission shall consider information submitted by the applicant under subsection (b) of section 8-25 of the 2008 supplement to the general statutes, 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.

(b) On and after the adoption of subdivision regulations under subsection (d) of section 8-25 of the 2008 supplement to the general statutes, as amended by this act, a conservation development for which an application has been filed pursuant to this section , shall be an as of right permitted use and shall not be subject to any discretionary procedures, requirements or standards under the provisions of chapter 126. The commission shall approve a conservation development subject only to conditions that are necessary to ensure (1) substantial compliance of the proposed development with the requirements of such regulations; or (2) compliance with the provisions of any state law or regulations adopted thereunder or any local ordinance in the municipality concerning land use. An application may be denied only on the grounds that: (A) The development does not meet the requirements set forth in the conservation development regulations; (B) the applicant failed to submit information and fees required by the regulations and necessary for an adequate and timely review of the design of the development or potential development impacts; or (C) there is no grantee for an easement or conveyance of the open space.

Sec. 7. Section 16a-32 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2008):

(a) Each revision of the plan of conservation and development shall be initiated by the secretary and shall be undertaken in accordance with the process outlined in this chapter.

(b) Without initiating a revision of the plan and after receiving written approval from the committee, the secretary may undertake interim changes in the plan upon the secretary's own initiative or upon application by (1) the chief executive officer of a municipality, with the approval of the legislative body of such municipality, or (2) any owner of real property or any interest therein on which a change is proposed. No application for an interim change from a municipality under subdivision (1) of this subsection may be submitted unless (A) the municipality in which the change is proposed has a plan of conservation and development that has been updated in accordance with section 8-23 of the 2008 supplement to the general statutes, and (B) the application includes evidence, in writing, of the opinion of the planning commission of the municipality regarding the interim change. The secretary shall adopt regulations in accordance with chapter 54 to establish procedures for applications for such interim changes by any person, political subdivision of the state or state agency. Such regulations shall include, but need not be limited to, provisions for interviews and consultations with local planning and zoning commissions or, in those municipalities which have adopted the provisions of chapter 124 but which do not have a zoning commission, the persons designated to exercise zoning powers pursuant to section 8-1, review of local plans of development and public hearings. The secretary shall notify the chief executive officer and the persons exercising planning or zoning powers in any municipality which is the subject of an application for change in the locational guide map and shall notify any members of the General Assembly representing any area which is the subject of such an application. A joint public hearing by the secretary and the committee shall be held in any such municipality if requested by any chief executive officer or planning or zoning official notified by the secretary pursuant to this subsection. The committee shall also hold a hearing in addition to any hearing required to be held in any municipality concerning the locational guide map on any other proposed changes. After such public hearing, the committee shall approve or disapprove the application and notify the secretary of its decision not more than ten days thereafter. In the case of an application to change the development priority classification of an area on the locational guide map to a greater development area priority and the area described in the application includes a conservation development, as defined in section 1 of this act, there shall be a rebuttable presumption that such change is in the best interest of the state. The secretary shall make interim changes in the plan to reflect the approved changes.

(c) The secretary shall report annually on or before February fifteenth to the committee progress on the implementation of the plan and the extent to which state actions are in conformity with the plan.

(d) Nothing in this section shall be construed to prohibit the committee from initiating a revision of the plan at any time.

Sec. 8. (NEW) (Effective July 1, 2008) (a) Notwithstanding the provisions of sections 22a-476 to 22a-283, inclusive, of the general statutes, the Commissioner of Environmental Protection shall set aside in each fiscal year not less than five per cent of the funding available for grants from the water pollution control state account, established pursuant to subsection (a) of section 22a-477 of the general statutes. Such amount shall be used for grants to plan and construct alternative on-site sewage treatment systems in conservation development zones established pursuant to section 2 of this act. For purposes of this section, "alternative on-site sewage treatment system" means a sewage treatment system serving one or more buildings on one or more parcels of property that utilizes a method of treatment other than a subsurface sewage disposal system and that involves a discharge of domestic sewage to the groundwaters of the state.

(b) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section.

Statement of Purpose:

To promote smart growth by authorizing municipalities to establish conservation development zones.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]