Connecticut Seal

General Assembly

 

Raised Bill No. 5482

February Session, 2018

 

LCO No. 2271

 

*02271_______PD_*

Referred to Committee on PLANNING AND DEVELOPMENT

 

Introduced by:

 

(PD)

 

AN ACT CONCERNING THE RECOMMENDATIONS OF THE FAIR HOUSING WORKING GROUP.

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

Section 1. Section 8-2 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) (1) The zoning commission of each city, town or borough is authorized to regulate, within the limits of such municipality: [, the] (A) The height, number of stories and size of buildings and other structures; (B) the percentage of the area of the lot that may be occupied; (C) the size of yards, courts and other open spaces; (D) 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 (E) the height, size and location of advertising signs and billboards. [Such bulk regulations may allow for cluster development, as defined in section 8-18.]

(2) 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] zoning 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]

(3) Zoning regulations 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]

(b) Zoning regulations adopted pursuant to subsection (a) of this section shall: [be]

(1) Be made in accordance with a comprehensive plan and in [adopting such regulations the commission shall consider] consideration of the plan of conservation and development [prepared] adopted under section 8-23; [. Such regulations shall be]

(2) Be designed to (A) lessen congestion in the streets; [to] (B) secure safety from fire, panic, flood and other dangers; [to] (C) promote health and the general welfare; [to] (D) provide adequate light and air; [to] (E) prevent the overcrowding of land; [to] (F) avoid undue concentration of population; [and to] (G) facilitate the adequate provision for transportation, water, sewerage, schools, parks and other public requirements; [. Such regulations shall be] and (H) further the purposes of the Fair Housing Act, 42 USC 3601 et seq.;

(3) Be made with reasonable consideration as to [the character of the district and its peculiar] a district's suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout [such] a 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]

(4) Include 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]

(5) Promote housing choice and economic diversity in housing, including housing for both low and moderate income households; [, and shall encourage]

(6) Include the development of housing which will meet the housing needs identified in the state's consolidated plan for housing and community development 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]

(7) Be made with reasonable consideration for their impact on agriculture, as defined in subsection (q) of section 1-1; [.]

(8) Provide that proper provision be made for soil erosion and sediment control pursuant to section 22a-329;

(9) Be made with reasonable consideration for the protection of existing and potential public surface and ground drinking water supplies; and

(10) In any municipality that is contiguous to Long Island Sound, (A) be made with reasonable consideration for the restoration and protection of the ecosystem and habitat of Long Island Sound; (B) be designed to reduce hypoxia, pathogens, toxic contaminants and floatable debris in Long Island Sound; and (C) provide that the commission consider the environmental impact on Long Island Sound of any proposal for development.

(c) Zoning regulations adopted pursuant to subsection (a) of this section may: [be]

(1) To the extent consistent with soil types, terrain and infrastructure capacity for the community, provide for cluster development, as defined in section 8-18;

(2) 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]

(3) Encourage energy-efficient patterns of development, the use of solar and other renewable forms of energy, and energy conservation; [. The regulations may also provide]

(4) Provide for incentives for developers who use passive solar energy techniques, as defined in subsection (b) of section 8-25, in planning a residential subdivision development, [. The incentives may include, but not be] including, but not limited to, cluster development, higher density development and performance standards for roads, sidewalks and underground facilities in the subdivision; [. Such regulations may provide]

(5) 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]

(6) Provide for notice requirements in addition to those required by this chapter; [. Such regulations may provide]

(7) Provide for conditions on operations to collect spring water or well water, as defined in section 21a-150, including the time, place and manner of such operations; [. No such regulations shall prohibit] and

(8) In any municipality where a traprock ridge, as defined in section 8-1aa, or an amphibolite ridge, as defined in section 8-1aa, is located, (A) provide for development restrictions in ridgeline setback areas, as defined in section 8-1aa; and (B) restrict quarrying and clear cutting, except that the following operations and uses shall be permitted in ridgeline setback areas, as of right: (i) Emergency work necessary to protect life and property; (ii) any nonconforming uses that were in existence and that were approved on or before the effective date of regulations adopted pursuant to this section; and (iii) selective timbering, grazing of domesticated animals and passive recreation.

(d) Zoning regulations adopted pursuant to subsection (a) of this section shall not:

(1) Prohibit the operation of any family child care home or group child care home in a residential zone; [. No such regulations shall prohibit]

(2) (A) Prohibit the use of receptacles for the storage of items designated for recycling in accordance with section 22a-241b or require that such receptacles comply with provisions for bulk or lot area, or similar provisions, except provisions for side yards, rear yards and front yards; [. No such regulations shall] or (B) unreasonably restrict access to or the size of such receptacles for businesses, given the nature of the business and the volume of items designated for recycling in accordance with section 22a-241b, that such business produces in its normal course of business, provided nothing in this section shall be construed to prohibit such regulations from requiring the screening or buffering of such receptacles for aesthetic reasons; [. Such regulations shall not impose]

(3) Impose conditions and requirements on manufactured homes, including mobile 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] including mobile manufactured home parks, if those conditions and requirements are substantially different from conditions and requirements imposed on (A) single-family dwellings; [and] (B) 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] or (C) multifamily dwellings, lots containing multifamily dwellings, cluster developments or planned unit developments; [. Such regulations shall not prohibit]

(4) (A) Prohibit the continuance of any nonconforming use, building or structure existing at the time of the adoption of such regulations; [. Such regulations shall not] (B) 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; [. Such regulations shall not] or (C) terminate or deem abandoned a nonconforming use, building or structure unless the property owner of such use, building or structure voluntarily discontinues such use, building or structure and such discontinuance is accompanied by an intent to not reestablish such use, building or structure. The demolition or deconstruction of a nonconforming use, building or structure shall not by itself be evidence of such property owner's intent to not reestablish such use, building or structure; [. Unless such town opts out, in accordance with the provisions of subsection (j) of section 8-1bb, such regulations shall not prohibit] and

(5) Prohibit the installation of temporary health care structures for use by mentally or physically impaired persons [in accordance with the provisions of section 8-1bb if such structures comply with the provisions of said section] pursuant to section 8-1bb, as amended by this act, unless the municipality opts out pursuant to subsection (j) of section 8-1bb, as amended by this act.

(e) 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.

[(b) In any municipality that is contiguous to Long Island Sound the regulations adopted under this section shall be made with reasonable consideration for restoration and protection of the ecosystem and habitat of Long Island Sound and shall be designed to reduce hypoxia, pathogens, toxic contaminants and floatable debris in Long Island Sound. Such regulations shall provide that the commission consider the environmental impact on Long Island Sound of any proposal for development.

(c) In any municipality where a traprock ridge, as defined in section 8-1aa, or an amphibolite ridge, as defined in section 8-1aa, is located the regulations may provide for development restrictions in ridgeline setback areas, as defined in said section. The regulations may restrict quarrying and clear cutting, except that the following operations and uses shall be permitted in ridgeline setback areas, as of right: (1) Emergency work necessary to protect life and property; (2) any nonconforming uses that were in existence and that were approved on or before the effective date of regulations adopted under this section; and (3) selective timbering, grazing of domesticated animals and passive recreation.]

(f) (1) On or before July 1, 2019, and at least once every five years thereafter, each municipality that adopts the provisions of this chapter pursuant to section 8-1 shall demonstrate, in a form and manner prescribed by the Commissioner of Housing, compliance with subdivisions (4) to (6), inclusive, of subsection (b) of this section. The commissioner shall notify the Secretary of the Office of Policy and Management of the failure of any municipality to demonstrate compliance.

(2) A municipality that fails to demonstrate such compliance shall be ineligible for discretionary state funding until the commissioner notifies the secretary that the municipality has satisfied the requirements, unless such ineligibility is expressly waived by the secretary.

Sec. 2. Subsection (j) of section 8-1bb of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(j) A municipality, by vote of its legislative body or, in a municipality where the legislative body is a town meeting, by vote of the board of selectmen, may opt out of the provisions of this section and the provision of subdivision (5) of subsection [(a)] (d) of section 8-2, as amended by this act, regarding authorization for the installation of temporary health care structures, provided the zoning commission or combined planning and zoning commission of the municipality: (1) First holds a public hearing in accordance with the provisions of section 8-7d on such proposed opt-out, (2) affirmatively decides to opt out of the provisions of said sections within the period of time permitted under section 8-7d, (3) states upon its records the reasons for such decision, and (4) publishes notice of such decision in a newspaper having a substantial circulation in the municipality not later than fifteen days after such decision has been rendered.

Sec. 3. Section 8-2i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) [As used in] For purposes of this section: [, "inclusionary zoning"]

(1) "Affordable housing" has the same meaning as provided in section 8-39a;

(2) "Assisted living facility" means a for-profit or not-for-profit facility consisting of private residential housing units that provides a managed group living environment consisting of housing and services for individuals who are primarily fifty-five years of age or older. "Assisted living facility" does not include a state-financed congregate housing facility;

(3) "Inclusionary zoning" means any zoning regulation, requirement or condition of development imposed by ordinance, regulation or pursuant to any special permit, special exception or subdivision plan which promotes the development of housing affordable to persons and families of low and moderate income, including, but not limited to, [(1)] the setting aside of a reasonable number of housing units for long-term retention as affordable housing restricted through [deed restrictions] deeds, covenants or other means, [; (2)] in conjunction with the use of density bonuses; [or (3) in lieu of or in addition to such other requirements or conditions, the making of payments into a housing trust fund to be used for constructing, rehabilitating or repairing housing affordable to persons and families of low and moderate income.]

(4) "Median income" means, after adjustments for family size, the lesser of the state median income or the area median income for the area in which the municipality containing the affordable housing is located, as determined by the United States Department of Housing and Urban Development;

(5) "New multifamily housing development" means a housing development containing ten or more residential housing units that are either newly constructed or converted from nonresidential to residential use. "New multifamily housing development" does not include a housing development consisting entirely of detached single-family dwellings;

(6) "Supportive housing" means a housing development in which not less than ten per cent of housing units are affordable to residents with qualifying incomes that have qualifying disabilities and are provided intensive and flexible support services, including, but not limited to, housing-based care management, assistance with reintegration into a community setting, information regarding basic skills of tenancy and referrals to community-based service providers.

(b) Notwithstanding the provisions of any special act, any municipality having zoning authority pursuant to this chapter or any special act or having planning authority pursuant to chapter 126 may, by regulation of the body exercising such zoning authority, implement inclusionary zoning regulations, requirements or conditions. Such regulations, requirements or conditions shall include, but not be limited to, a requirement that:

(1) Income-restricted housing units within a new multifamily housing development approved on or after the effective date of this section may not be located in a less desirable location within such development or an area within such development that is less accessible to public amenities than nonrestricted housing units within such development;

(2) Income-restricted housing units shall be integrated within a new multifamily housing development approved on or after the effective date of this section and comparable in design, appearance, construction and quality of materials to nonrestricted housing units within such development; and

(3) The interior features and mechanical systems of income-restricted housing units within a new multifamily housing development approved on or after the effective date of this section shall conform to the same specifications as are applied to nonrestricted housing units within such development.

(c) Notwithstanding the provisions of any special act, any new multifamily housing development approved by a municipality shall meet the criteria enumerated in subdivisions (1) to (3), inclusive, of subsection (b) of this section and the following criteria:

(1) Not less than twelve per cent of the housing units in such development shall be conveyed by deeds containing covenants or restrictions which require that for a period of forty years after the initial occupation of the proposed development, such units shall be sold or rented at or below prices which preserve such units as housing for which persons or families pay thirty per cent or less of their annual income, where such income is less than or equal to sixty per cent of the median income. Not less than three per cent of said twelve per cent of housing units shall be sold or rented at or below prices which preserve such units as housing for which persons or families pay thirty per cent or less of their annual income, where such income is less than or equal to thirty per cent of the median income; and

(2) The developer of such development shall have the right to an increase in density limits of up to twenty per cent greater than the density otherwise permitted for such development, or a greater percentage at the discretion of the zoning authority.

(d) Any developer of a new multifamily housing development located in a census tract designated by the Department of Housing, pursuant to section 8-348, as moderate, high or very high opportunity may conduct a feasibility study to demonstrate that complying with the requirements of subdivision (1) of subsection (c) of this section would render such development financially infeasible. Upon completion of such study, such developer may submit findings to the Commissioner of Housing in a form and manner prescribed by the commissioner. The commissioner shall make such findings available on the Department of Housing's Internet web site. After providing opportunity for public comment, the commissioner may reduce the number of housing units set aside pursuant to subdivision (1) of subsection (c) of this section by a percentage determined by the commissioner.

(e) The provisions of subsections (b) and (c) of this section shall not apply to (1) supportive housing, assisted living facilities and new multifamily housing developments with fewer than ten housing units, or (2) new multifamily housing developments in a (A) distressed municipality, as defined in section 32-9p, or (B) census tract designated as low opportunity or very low opportunity by the Department of Housing, pursuant to section 8-348.

(f) The Commissioner of Housing may, within available resources, establish a program to provide financial assistance to developers for the creation of affordable housing pursuant to this section.

(g) Not later than September 30, 2020, and annually thereafter, each municipality shall submit documentation to the Commissioner of Housing, in a form and manner prescribed by the commissioner, of the number of affordable housing units constructed in the municipality during the prior year.

Sec. 4. (Effective from passage) (a) There is established a task force to study transit-oriented development planning. The task force shall evaluate policies related to leveraging state investments in transportation to create vibrant, walkable, mixed-use and mixed-income communities with accessible public transit.

(b) The task force shall consist of the following members:

(1) The chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to planning and development, housing and transportation;

(2) The Commissioner of Transportation, or the commissioner's designee;

(3) The Commissioner of Housing, or the commissioner's designee;

(4) The Commissioner of Economic and Community Development, or the commissioner's designee;

(5) The Secretary of the Office of Policy and Management, or the secretary's designee; and

(6) Seven appointed by the Governor, one of whom has expertise in transit-oriented development policy and planning, one of whom has expertise in fair housing policy, one of whom has expertise in affordable housing policy and one of whom is the chief executive officer of a municipality in which the state has made a significant investment in transit, or such officer's designee.

(c) All appointments to the task force shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.

(d) The Secretary of the Office of Policy and Management, or the secretary's designee, and a member of the task force serving pursuant to subdivision (1) of subsection (b) of this section, who shall be selected by the speaker of the House and president pro tempore of the Senate, shall serve as chairpersons of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than sixty days after the effective date of this section.

(e) Members of the task force shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties.

(f) Not later than December 15, 2018, the task force shall submit a progress report on its preliminary findings and recommendations, including, but not limited to, any legislative recommendations, to the joint standing committees of the General Assembly having cognizance of matters relating to local governments, housing and transportation, in accordance with the provisions of section 11-4a of the general statutes.

(g) Not later than December 1, 2019, the task force shall submit a report to the joint standing committees of the General Assembly having cognizance of matters relating to local governments, housing and transportation. Such report shall contain:

(1) Any legislative recommendations to (A) foster successful transit-oriented development throughout the state, (B) improve zoning regulations to promote transit-oriented development that includes affordable housing, (C) create planning standards to encourage the development of responsible and sustainable transit-oriented development and promote fair housing throughout the state;

(2) A definition of "transit-oriented development" for use in statute and by state agencies with oversight of transit, housing and economic and community development; and

(3) Recommendations as to whether state or regional planning boards should be established to ensure consistent creation and application of policies regarding transit-oriented development across the state.

(h) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to local governments shall serve as administrative staff of the task force. The task force shall terminate on the date that it submits such report or January 1, 2019, whichever is later.

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2018

8-2

Sec. 2

July 1, 2018

8-1bb(j)

Sec. 3

July 1, 2018

8-2i

Sec. 4

from passage

New section

Statement of Purpose:

To implement minor and technical revisions to zoning statutes, require that municipalities demonstrate compliance with certain zoning regulation requirements, implement certain zoning requirements regarding affordable housing, and establish a transit-oriented development planning task force.

[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.]