Substitute House Bill No. 5499
Substitute House Bill No. 5499
PUBLIC ACT NO. 98-115
AN ACT CONCERNING NOTICE TO WATER COMPANIES OF
PROJECTS WITHIN THE WATERSHED.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 8-3i of the general statutes is
repealed and the following is substituted in lieu
thereof:
(a) AS USED IN THIS SECTION "WATER COMPANY"
MEANS A WATER COMPANY AS DEFINED IN SECTION 25-32a
AND "PETITION" INCLUDES A PETITION OR PROPOSAL TO
CHANGE THE REGULATIONS, BOUNDARIES OR
CLASSIFICATIONS OF ZONING DISTRICTS.
(b) When an [applicant files] APPLICATION,
PETITION, REQUEST OR PLAN IS FILED with the zoning
commission, planning and zoning commission or
zoning board of appeals of any municipality [an
application, petition, request or plan] concerning
any project on any site which is within the
AQUIFER PROTECTION AREA DELINEATED PURSUANT TO
SECTION 22a-354c OR THE watershed of a water
company, [as defined in section 25-32a,] the
applicant OR THE PERSON MAKING THE FILING shall
provide written notice of the application,
petition, request or plan to the water company,
provided such water company has filed a map
showing the boundaries of the watershed on the
land records of the municipality in which the
application, petition, request or plan is made and
with the zoning commission, planning and zoning
commission or zoning board of appeals of such
municipality OR THE AQUIFER PROTECTION AREA HAS
BEEN DELINEATED IN ACCORDANCE WITH SECTION
22a-354c, AS THE CASE MAY BE. Such notice shall be
made by certified mail, return receipt requested,
and shall be mailed within seven days of the date
of the application. Such water company may,
through a representative, appear and be heard at
any hearing on any such application, petition,
request or plan.
(c) NOTWITHSTANDING THE PROVISIONS OF
SUBSECTION (b) OF THIS SECTION, WHEN AN AGENT OF
THE ZONING COMMISSION, PLANNING AND ZONING
COMMISSION OR ZONING BOARD OF APPEALS IS
AUTHORIZED TO APPROVE AN APPLICATION, PETITION,
REQUEST OR PLAN CONCERNING ANY SITE WHICH IS
WITHIN THE AQUIFER PROTECTION AREA DELINEATED
PURSUANT TO SECTION 22a-354c OR THE WATERSHED OF A
WATER COMPANY WITHOUT THE APPROVAL OF THE ZONING
COMMISSION, PLANNING AND ZONING COMMISSION OR
ZONING BOARD OF APPEALS, AND SUCH AGENT DETERMINES
THAT THE PROPOSED ACTIVITY WILL NOT ADVERSELY
AFFECT THE PUBLIC WATER SUPPLY, THE APPLICANT OR
PERSON MAKING THE FILING SHALL NOT BE REQUIRED TO
NOTIFY THE WATER COMPANY.
Approved May 22, 1998