AN ACT CONCERNING THE ZONING ENABLING ACT, ACCESSORY APARTMENTS, TRAINING FOR CERTAIN LAND USE OFFICIALS, M...
Do you support it?
Want to know if it passes?
We'll email you when HB 6107 moves — a committee vote, a floor vote, or a signature. Nothing else.
Free forever · unsubscribe in one click.
Your answer was recorded either way.
Which district are you in?
Your ZIP is all we need to match you to your own representatives — so we can tell you how they voted on HB 6107.
You're tracking HB 6107
We'll email you the moment it moves.
HB 6107 — AN ACT CONCERNING THE ZONING ENABLING ACT, ACCESSORY APARTMENTS, TRAINING FOR CERTAIN LAND USE OFFICIALS, MUNICIPAL AFFORDABLE HOUSING PLANS AND A COMMISSION ON CONNECTICUT’S DEVELOPMENT AND FUTURE.
Last action — SIGNED BY GOVERNOR
No card. One bill, free forever — alerts when it moves.
-
✓Introduced
-
✓In Committee
-
✓Passed House
-
✓Passed Senate
-
✓To Executive
-
6Enacted
This bill has been enacted into law. Introduced January 28, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
-
Enacted
Current position in the legislative process.
-
4 sponsors
4 primary, 0 co-sponsors signed on.
-
Single-party support
Sponsorship is currently within one party (3 D).
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
833 added · 1625 removed833 line(s) added, 1625 removed.
Substitute House ofBill Representatives File No.
7166107 GeneralPublic AssemblyAct January Session, 2021(Reprint of File No.
541)21-29 SubstituteAN HouseACT BillCONCERNING No.THE ZONING ENABLING ACT, ACCESSORY APARTMENTS, TRAINING FOR CERTAIN LAND USE OFFICIALS, MUNICIPAL AFFORDABLE HOUSING PLANS AND A COMMISSION ON CONNECTICUT’S DEVELOPMENT AND FUTURE.
6107 As Amended by House Amendment Schedule "A" Approved by the Legislative Commissioner May 24, 2021 AN ACT CONCERNING THE ZONING ENABLING ACT, ACCESSORY APARTMENTS, TRAINING FOR CERTAIN LAND USE OFFICIALS, MUNICIPAL AFFORDABLE HOUSING PLANS AND A COMMISSION ON CONNECTICUT’S DEVELOPMENT AND FUTURE.
(1) "Accessory apartment" means a separate dwelling unit that (A) is located on the same lot as a principal dwelling unit of greater square footage, (B) has cooking facilities, and (C) complies with or is otherwise sHB6107exempt /from Fileany No.applicable building code, fire code and health and safety regulations;
716(2) sHB6107"Affordable Fileaccessory apartment" means an accessory apartment that is subject to binding recorded deeds which contain covenants or Substitute House Bill No.
7166107 exemptrestrictions fromthat anyrequire applicablesuch buildingaccessory code,apartment firebe codesold andor healthrented andat, safetyor regulations;below, prices that will preserve the unit as housing for which, for a periodofnot lessthantenyears,personsandfamiliespay thirty per cent or less of income, where such income is less than or equal to eighty per cent of the median income;
(2) "Affordable accessory apartment" means an accessory apartment that is subject to binding recorded deeds which contain covenants or restrictions that require such accessory apartment be sold or rented at, or below, prices that will preserve the unit as housing for which, for a periodofnot lessthantenyears,personsandfamiliespay thirty per cent or less of income, where such income is less than or equal to eighty per cent of the median income;
(a) Any municipality may, by ordinance, establish a schedule of reasonable fees for the processing of applications by a municipal zoning sHB6107commission, /planning Filecommission, No.combined planning and zoning commission, zoning board of appeals or inland wetlands commission.
716Public sHB6107Act File No.
71621-29 commission,2 planning commission, combined planning and zoning commission, zoning board of appeals28 orSubstitute inlandHouse wetlandsBill commission.No.
6107 Such schedule shall supersede any specific fees set forth in the general statutes, or any special act or established by a planning commission under section 8-26.
(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] provisions of subdivision (5) of subsection [(a)] (d) of section sHB6107Public /Act File No.
71621-29 sHB61073 Fileof 28 Substitute House Bill No.
7166107 8-2, as amended by this act, regarding authorization for the installation of temporary health care structures, providedthe zoning commission or combinedplanningandzoningcommissionofthemunicipality:(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.
and, within such districts, it may regulate the erection, construction, reconstruction, alteration or use of buildingsorstructuresandtheuseofland.All [such]zoningregulations 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 differPublic fromAct thoseNo. in another district.
[,21-29 and]4 sHB6107of /28 FileSubstitute House Bill No.
7166107 sHB6107differ Filefrom No.those in another district.
716[, and] (3) Such zoning regulations may provide that certain classes or kinds of buildings, structures or [uses] use 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.
and (J) affirmatively further the purposes of the federal Fair Housing Act, 42 USC 3601 et seq.,Public asAct amendedNo. from time to time;
(3)21-29 Be5 drafted with reasonable consideration as to the [character] physical site characteristics of the28 districtSubstitute andHouse itsBill peculiar suitability for sHB6107 / File No.
7166107 sHB6107seq., Fileas No.amended from time to time;
716(3) Be drafted with reasonable consideration as to the [character] physical site characteristics 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] a municipality;
Such regulations shall also promote] (5) Promote housing choice and economic diversity in housing, including housing forbothlowandmoderateincome households;[,andhouseholds; shall encourage] (6) Expressly allow the development of housing which will meet the housingneedsidentifiedinthestate'sconsolidatedplanforhousingand 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;
[,and shall encourage] (6) Expressly allow the development of housing which will meet the housingneedsidentifiedinthestate'sconsolidatedplanforhousingand 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;
[.] (8) Provide that proper provisions be made for soil erosion and sedimentPublic controlAct pursuantNo. to section 22a-329;
21-29 6 of 28 Substitute House Bill No.
6107 sediment control pursuant to section 22a-329;
and sHB6107(10) /In Fileany No.municipality that is contiguous to or on a navigable waterway draining to Long Island Sound, (A) be made with reasonable consideration for the restoration and protection of the ecosystem and habitat of Long Island Sound;
716 sHB6107 File No.
716 (10) In any municipality that is contiguous to or on a navigable waterway draining to Long Island Sound, (A) be made with reasonable consideration for the restoration and protection of the ecosystem and habitat of Long Island Sound;
The regulations may also provide] (4)Public ProvideAct forNo. incentives for developers who use [passive solar energy techniques, as defined in subsection (b) of section 8-25, in planning a residential subdivision development.
21-29 7 of 28 Substitute House Bill No.
6107 (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.
and (D) energy conservation techniques, including, but not limited to, cluster development, higher density development and performance standards for roads, sidewalks and underground facilities sHB6107in /the Filesubdivision; No.
716 sHB6107 File No.
716 in the subdivision;
and (10) In any municipality where a traprock ridge or an amphibolite ridge is located, (A) provide for development restrictions in ridgeline setbackPublic areas;Act No.
21-29 8 of 28 Substitute House Bill No.
6107 setback areas;
Show all 487 changed lines (447 more)
sHB6107(1) /Prohibit Filethe No.operation of any family child care home or group child care home in a residential zone;
716 sHB6107 File No.
716 (1) Prohibit the operation of any family child care home or group child care home in a residential zone;
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 substantiallyPublic differentAct fromNo. conditions and requirements imposed on (A) single-family dwellings;
21-29 9 of 28 Substitute House Bill No.
6107 substantially different from conditions and requirements imposed on (A) single-family dwellings;
[or] sHB6107(B) /require Filea No.special permit or special exception for any such continuance;
716 sHB6107 File No.
716 (B) require a special permit or special exception for any such continuance;
Unless such town opts out, in accordance with the provisions of subsection (j) of section 8-1bb, such regulations shall not prohibit] (5) Prohibit the installation, in accordance with the provisions of section 8-1bb, as amended by this act, 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 complyPublic withAct theNo. provisions of said section, [.] unless the municipality opts out in accordance with the provisions of subsection (j) of said section;
21-29 10 of 28 Substitute House Bill No.
6107 comply with the provisions of said section, [.] unless the municipality opts out in accordance with the provisions of subsection (j) of said section;
(9) Require more than one parking space for each studio or one- sHB6107bedroom /dwelling Fileunit No.or more than two parking spaces for each dwelling unit with two or more bedrooms, unless the municipality opts out in accordance with the provisions of section 5 of this act;
716 sHB6107 File No.
716 bedroom dwelling unit or more than two parking spaces for each dwelling unit with two or more bedrooms, unless the municipality opts out in accordance with the provisions of section 5 of this act;
[(b)Public InAct anyNo. 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.
21-29 11 of 28 Substitute House Bill No.
6107 [(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.
(2) any nonconforming uses that were in existence and that were approved on sHB6107or /before Filethe No.effective date of regulations adopted under this section;
716 sHB6107 File No.
716 or before the effective date of regulations adopted under this section;
(NEW) (Effective October 1, 2021) The zoning commission or combined planning and zoning commission, as applicable, of a municipality, by a two-thirds vote, may initiate the process by which such municipality opts out of the provision of subdivision (9) of subsection (d) of section 8-2 of the general statutes, as amended by this act, regarding limitations on parking spaces for dwelling units, providedPublic suchAct commission:No.
21-29 12 of 28 Substitute House Bill No.
6107 provided such commission:
(1) Designate locations or zoning districts within the municipality in sHB6107which /accessory Fileapartments No.are allowed, provided at least one accessory apartment shallbeallowedasofright oneachlotthat contains a single-family dwelling and no such accessory apartment shall be required to be an affordable accessory apartment;
716 sHB6107 File No.
716 which accessory apartments are allowed, provided at least one accessory apartment shallbeallowedasofright oneachlotthat contains a single-family dwelling and no such accessory apartment shall be required to be an affordable accessory apartment;
(3) Set a maximum net floor area for an accessory apartment of not less than thirty per cent of the net floor area of the principal dwelling, or onethousandsquare feet,whicheverfeet, whichever isless,except that such regulations may allow a larger net floor area for such apartments;
(4)Public RequireAct setbacks,No. lot size and building frontage less than or equal to that which is required for the principal dwelling, and require lot coverage greater thanor equal to that which is required for the principal dwelling;
21-29 13 of 28 Substitute House Bill No.
6107 (4) Require setbacks, lot size and building frontage less than or equal to that which is required for the principal dwelling, and require lot coverage greater thanor equal to that which is required for the principal dwelling;
and (7) Be interpreted and enforced such that nothing in this section shall sHB6107be /in Filederogation No.of (A) applicable building code requirements, (B) the ability of a municipality to prohibit or limit the use of accessory apartments for short-term rentals or vacation stays, or (C) other requirements where a well or private sewerage system is being used, provided approval for any such accessory apartment shall not be unreasonably withheld.
716(b)The sHB6107asofright Filepermit applicationandreviewprocessfor approval of accessory apartments shall require that a decision on any such application be rendered not later than sixty-five days after receipt of such application by the applicable zoning commission, except that an applicant may consent to one or more extensions of not more than an Public Act No.
71621-29 be14 in derogation of (A)28 applicableSubstitute buildingHouse codeBill requirements,No. (B) the ability of a municipality to prohibit or limit the use of accessory apartments for short-term rentals or vacation stays, or (C) other requirements where a well or private sewerage system is being used, provided approval for any such accessory apartment shall not be unreasonably withheld.
(b)The6107 asofright permit applicationandreviewprocessfor approval of accessory apartments shall require that a decision on any such application be rendered not later than sixty-five days after receipt of such application by the applicable zoning commission, except that an applicant may consent to one or more extensions of not more than an additional sixty-five days or may withdraw such application.
(e) If a municipality fails to adopt new regulations or amend existing regulations by January 1, 2023, for the purpose of complying with the provisions of subsections (a) to (d), inclusive, of this section, and unless such municipality opts out of the provisions of said subsections in accordance with the provisions of subsection (f) of this section, any noncompliant existing regulation shall become null and void and such municipality shall approve or deny applications for accessory sHB6107apartments /in Fileaccordance No.with the requirements for regulations set forth in the provisions of subsections (a) to (d), inclusive, of this section until such municipality adopts or amends a regulation in compliance with said subsections.
716 sHB6107 File No.
716 apartments in accordance with the requirements for regulations set forth in the provisions of subsections (a) to (d), inclusive, of this section until such municipality adopts or amends a regulation in compliance with said subsections.
(f) Notwithstanding the provisions of subsections (a) to (d), inclusive, of this section, the zoning commission or combined planning and zoning commission, as applicable, of a municipality, by a two-thirds vote,Public mayAct initiateNo. the process by which such municipality opts out of the provisions of said subsections regarding allowance of accessory apartments, provided such commission:
21-29 15 of 28 Substitute House Bill No.
6107 vote, may initiate the process by which such municipality opts out of the provisions of said subsections regarding allowance of accessory apartments, provided such commission:
(k) The affordable housing appeals procedure established under this section shall not be available if the real property which is the subject of the application is located in a municipality in which at least ten per cent of all dwelling units in the municipality are (1) assisted housing, (2) currently financed by Connecticut Housing Finance Authority sHB6107mortgages, /(3) Filesubject to binding recorded deeds containing covenants or restrictions which require that such dwelling units be sold or rented at, or below, prices which will preserve the units as housing for which persons and families pay thirty per cent or less of income, where such income is less than or equal to eighty per cent of the median income, (4) mobile manufactured homes located in mobile manufactured home parks or legally approved accessory apartments, which homes or Public Act No.
71621-29 sHB610716 Fileof 28 Substitute House Bill No.
7166107 mortgages, (3) subject to binding recorded deeds containing covenants or restrictions which require that such dwelling units be sold or rented at, or below, prices which will preserve the units as housing for which persons and families pay thirty per cent or less of income, where such income is less than or equal to eighty per cent of the median income, (4) mobile manufactured homes located in mobile manufactured home parks or legally approved accessory apartments, which homes or apartments are subject to binding recorded deeds containing covenants or restrictions which require that such dwelling units be sold or rented at, or below, prices which will preserve the units as housing for which, for a period of not less than ten years, persons and families pay thirty per cent or less of income, where such income is less than or equal to eighty per cent of the median income, or (5) mobile manufactured homeslocatedinresident-ownedmobilemanufacturedhomeparks.
As used in this subsection, "accessory apartment" [means a separate living unit that (A) is attached to the main living unit of a house, which house has the external appearance of a single-family residence, (B) has a full kitchen, (C) has a square footage that is not more than thirty per cent of the total square footageofthehouse,(D)hasaninternaldoorwayconnectingtothemain living unit of the house, (E) is not billed separately from such main living unit for utilities, and (F) complies with the building code and health and safety regulations] has the same meaning as provided in section 8-1a, as amended by this act, and "resident-owned mobile manufactured home park" means a mobile manufactured home park consisting of mobile manufactured homes located on land that is deed restricted, and, at the time of issuance of a loan for the purchase of such land, such loan required seventy-five per cent of the units to be leased to persons with incomes equal to or less than eighty per cent of the median income, and either [(i)] (A) forty per cent of said seventy-five sHB6107per /cent Fileto No.be leased to persons with incomes equal to or less than sixty per cent of the median income, or [(ii)] (B) twenty per cent of said seventy-five per cent to be leased to persons with incomes equal to or less than fifty per cent of the median income.
716Public sHB6107Act File No.
71621-29 per17 cent to be leased to persons with incomes equal to or less than sixty per cent of the28 medianSubstitute income,House orBill [(ii)]No. (B) twenty per cent of said seventy-five per cent to be leased to persons with incomes equal to or less than fifty per cent of the median income.
6107 Sec.
(2) Beginning January 1, 2023, and annually thereafter, each person appointedappointedasa asa zoning enforcement officer shallobtaincertification from the Connecticut Association of Zoning Enforcement Officials and maintain such certification for the duration of employment as a zoning enforcement officer.
Any such member not serving on any such commission or board as of January 1, 2023, shall complete such initial training not later than one year after such member's election or appointment to such commission or board and shallcompleteanysubsequenttrainingeveryotheryearthereafter.Such training shall include at least one hour concerning affordable and fair housing policies and may also consist of (1) process and procedural matters, including the conduct ofeffective meetingsandpublichearings and the Freedom of Information Act, as defined in section 1-200 of the general statutes, (2) the interpretation of site plans, surveys, maps and sHB6107architectural /conventions, Fileand No.(3) the impact of zoning on the environment, agriculture and historic resources.
716Public sHB6107Act File No.
71621-29 architectural18 conventions, and (3) the impact of zoning28 onSubstitute theHouse environment,Bill agricultureNo. and historic resources.
6107 (b) Not later than January 1, 2022, the Secretary of the Office of Policy and Management shall establish guidelines for such training in collaboration with land use training providers, including, but not limited to, theConnecticut Associationof Zoning Enforcement Officials, the Connecticut Conference of Municipalities, the Connecticut Chapter of the American Planning Association, the Land Use Academy at the Center for Land Use Education and Research at The University of Connecticut, the Connecticut Bar Association, regional councils of governments and other nonprofit or educational institutions that provide land use training, except that if the secretary fails to establish such guidelines, such land use training providers may create and administer appropriate training for members of commissions and boards described in subsection (a) of this section, which may be used by such members for the purpose of complying with the provisions of said subsection.
(2) "alternative sewage treatment system" means a sewage sHB6107treatment /system Fileserving one or more buildings that utilizes a method Public Act No.
71621-29 sHB610719 Fileof 28 Substitute House Bill No.
7166107 treatment system serving one or more buildings that utilizes a method of treatment other than a subsurface sewage disposal system and that involves a discharge to the groundwaters of the state;
(9) "person" means any person, partnership, corporation,limitedliabilitycompany,associationorpublicagency;(10)Public sHB6107Act / File No.
71621-29 sHB610720 Fileof 28 Substitute House Bill No.
7166107 corporation,limitedliabilitycompany,associationorpublicagency;(10) "remediation standards" means pollutant limits, performance requirements, design parameters or technical standards for application to existing sewage discharges in a decentralized wastewater management district for the improvement of wastewater treatment to protect public health and the environment;
Such plan shall also describe the means by which municipal programs are being carried out toPublic avoidAct communityNo. pollution problems and describe any programs wherein the local director of health manages subsurface sewage disposal systems.
The21-29 authority21 shall file a copy of the28 planSubstitute andHouse anyBill periodic updates of such plan with the Commissioner of Energy and sHB6107 / File No.
7166107 sHB6107to Fileavoid No.community pollution problems and describe any programs wherein the local director of health manages subsurface sewage disposal systems.
716The authority shall file a copy of the plan and any periodic updates of such plan with the Commissioner of Energy and Environmental Protection and shall manage or ensure the effective supervision, management, control, operation and maintenance of any community sewerage system or decentralized wastewater management district not owned by a municipality.
(b) The municipality may hold public informational meetings or organize other activities to inform residents about the process of preparingtheplanandshallpostacopyofany draftplanoramendment toPublic suchAct planNo. on the Internet web site of the municipality.
21-29 22 of 28 Substitute House Bill No.
6107 to such plan on the Internet web site of the municipality.
[on the adoption, the municipality shallfile intheoffice ofthetownclerk ofsuchmunicipality a copy of such draft plan or any amendments to the plan, and if applicable, post such draft plan on the Internet web site of the sHB6107municipality.] /After Fileadoption No.of the plan, the municipality shall file the final plan in the office of the town clerk of such municipality and [, if applicable,] post the plan on the Internet web site of the municipality.
716 sHB6107 File No.
716 municipality.] After adoption of the plan, the municipality shall file the final plan in the office of the town clerk of such municipality and [, if applicable,] post the plan on the Internet web site of the municipality.
(2) Two appointed by the president pro tempore of the Senate, one of whom is a member of the General Assembly not described in subdivisionPublic (7),Act (8),No. (9) or (10) of this subsection and one of whom has expertise in state or local planning;
21-29 23 of 28 Substitute House Bill No.
6107 subdivision (7), (8), (9) or (10) of this subsection and one of whom has expertise in state or local planning;
(4) Two appointed by the majority leader of the Senate, one of whom sHB6107has /expertise Filein No.zoning policy and one of whom has expertise in community development policy;
716 sHB6107 File No.
716 has expertise in zoning policy and one of whom has expertise in community development policy;
(10) The chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relatingPublic toAct transportation;No.
21-29 24 of 28 Substitute House Bill No.
6107 relating to transportation;
(14) The Commissioner of Economic and Community Development, sHB6107or /the Filecommissioner's No.designee;
716 sHB6107 File No.
716 or the commissioner's designee;
The SecretaryoftheOfficeofPolicyandManagementshallserveastheother cochairpersonPublic ofAct theNo. commission.
21-29 25 of 28 Substitute House Bill No.
6107 cochairperson of the commission.
(f) (1) Except as provided in subdivision (2) of this subsection, not later than January 1, 2022, and not later than January 1, 2023, the commission shall submit a report to the joint standing committees of the sHB6107General /Assembly Filehaving No.cognizance of matters relating to planning and development, environment, housing and transportation and to the Secretary of the Office of Policy and Management, in accordance with the provisions of section 11-4a of the general statutes, regarding the following:
716 sHB6107 File No.
716 General Assembly having cognizance of matters relating to planning and development, environment, housing and transportation and to the Secretary of the Office of Policy and Management, in accordance with the provisions of section 11-4a of the general statutes, regarding the following:
(C) Any recommendations (i) for guidelines and incentives for compliance with (I) the requirements for affordable housing plans prepared pursuant to section 8-30j of the general statutes, as amended by this act, and (II) subdivisions (4) to (6), inclusive, of subsection (b) of section 8-2 of the general statutes, as amended by this act, and (ii) as to how such compliance should be determined, as well as the form and mannerPublic inAct whichNo. evidence of such compliance should be demonstrated.
21-29 26 of 28 Substitute House Bill No.
6107 manner in which evidence of such compliance should be demonstrated.
(D) (i) Existing categories of discharge that constitute (I) alternative on-site sewage treatment systems, as described in section 19a-35a of the general statutes, (II) subsurface community sewerage systems, as described in section 22a-430 of the general statutes, and (III) decentralizedsystems, asdefinedinsection7-245ofthegeneralstatutes, as amended by this act, (ii) current administrative jurisdiction to issue or deny permits and approvals for such systems, with reference to daily sHB6107capacities /of Filesuch No.systems, and (iii) the potential impacts of increasing thedailycapacitiesofsuchsystems,including changesinadministrative jurisdiction over such systems and the timeframe for adoption of regulations to implement any such changes in administrative jurisdiction;
716and sHB6107(E) File(i) Development of model design guidelines for both buildings and context-appropriate streets that municipalities may adopt, in whole or in part, as part of their zoning or subdivision regulations, which guidelines shall (I) identify common architectural and site design features of building types used in urban, suburban and rural communities throughout this state, (II) create a catalogue of common building types, particularly thosetypically associatedwithhousing,(III) establish reasonable and cost-effective design review standards for approval of common building types, accounting for topography, geology, climate change and infrastructure capacity, (IV) establish procedures for expediting the approval of buildings or streets that satisfy such design review standards, whether for zoning or subdivision Public Act No.
71621-29 capacities27 of such28 systems,Substitute andHouse (iii)Bill theNo. potential impacts of increasing thedailycapacitiesofsuchsystems,including changesinadministrative jurisdiction over such systems and the timeframe for adoption of regulations to implement any such changes in administrative jurisdiction;
and6107 (E) (i) Development of model design guidelines for both buildings and context-appropriate streets that municipalities may adopt, in whole or in part, as part of their zoning or subdivision regulations, which guidelines shall (I) identify common architectural and site design features of building types used in urban, suburban and rural communities throughout this state, (II) create a catalogue of common building types, particularly thosetypically associatedwithhousing,(III) establish reasonable and cost-effective design review standards for approval of common building types, accounting for topography, geology, climate change and infrastructure capacity, (IV) establish procedures for expediting the approval of buildings or streets that satisfy such design review standards, whether for zoning or subdivision regulations, and (V) create a design manual for context-appropriate streets that complement common building types, and (ii) development and implementation by the regional councils of governments of an education and training program for the delivery of such model design guidelines for both buildings and context-appropriate streets.
sHB6107Approved /June File10, 2021 Public Act No.
71621-29 sHB610728 Fileof No.28
716 This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2021 8-1a Sec.
2 October 1, 2021 8-1c Sec.
3 October 1, 2021 8-1bb(j) Sec.
4 October 1, 2021 8-2 Sec.
5 October 1, 2021 New section Sec.
6 January 1, 2022 New section Sec.
7 October 1, 2021 8-30g(k) Sec.
8 October 1, 2021 8-3(e) Sec.
9 from passage New section October 1, 2021 Sec.
10 7-245 Sec.
11 October 1, 2021 7-246(b) Sec.
12 from passage 8-30j Sec.
13 from passage New section sHB6107 / File No.
716 27 sHB6107 File No.
716 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
None Municipal Impact:
See Below The bill makes a variety of changes regarding municipal planning and zoning enforcement and administration.
There is a potential revenue gain to municipalities by allowing them to assess technical consultant fees on certain land use projects.
Any revenue gain would vary based on the schedule adopted by a municipality.
This revenue gain is potentially offset by a potential revenue loss associated with the bill's prohibition on setting different sets of fees on applications for various types of residential housing projects.
Any revenue loss would only occur if a municipality was currently assessing two sets of fees and chose to lower the higher fees as a result of the bill.
The bill also establishes the Commission on Connecticut's Development and Future and requires it to complete a report regarding planning issues in the State.
The bill specifies that the Commission members may not receive compensation except for necessary expenses resulting from their duties.
Other provisions of the bill have no fiscal impact to municipalities as they do not change the cost of administrating any local zoning regulation.
House "A" strikes the underlying bill and results in the above identified fiscal impact.
sHB6107 / File No.
716 28 sHB6107 File No.
716 The Out Years The ongoing above identified fiscal impact would continue into the future subject to the fee schedules adopted by municipalities.
sHB6107 / File No.
716 29 sHB6107 File No.
716 OLR Bill Analysis sHB 6107 (as amended by House "A")* AN ACT CONCERNING THE REORGANIZATION OF THE ZONING ENABLING ACT AND THE PROMOTION OF MUNICIPAL COMPLIANCE.
TABLE OF CONTENTS:
_Toc72772941 General Assembly §§ 1, 6, 7 & 10 — AS OF RIGHT ACCESSORY APARTMENTS Requires municipalities that zone under CGS § 8-2 to adopt or amend regulations to allow ADUs as of right on the same lot as single-family homes unless they follow the bill’s opt- out process;
specifies that these units will not count toward a municipality’s base housing stock calculation for purposes of the Affordable Housing Land Use Appeals Procedure (CGS § 8-30g);
modifies the definition of ADU for purposes of the appeals procedure;
specifies the addition of an ADU on a lot does not make the sewerage system a “community sewerage system” § 2 — APPLICATION AND TECHNICAL CONSULTANT FEES Limits municipal authority to charge disproportionality higher land use application fees for larger residential projects;
authorizes municipalities to charge technical consultant fees §§ 3 & 4 — CGS § 8-2:
REORGANIZATION AND MINOR CHANGES Reorganizes the Zoning Enabling Act (CGS § 8-2, which applies to municipalities exercising zoning powers under the statutes) and makes minor, technical, and conforming changes § 4 — CGS § 8-2:
REQUIRED GOALS AND CONSIDERATIONS Eliminates a requirement that zoning regulations be (1) designed to prevent overcrowding and undue population concentration and (2) made with reasonable consideration as to the “character” of a district;
requires regulations provide for varied housing opportunities and affirmatively further the purposes of the federal Fair Housing Act;
requires regulations to be designed to protect historic, tribal, cultural, and environmental resources §§ 4 & 5 — CGS § 8-2:
PROHIBITED PROVISIONS Prohibits regulations from (1) prohibiting cottage food operations in a residential zone or (2) establishing minimum floor area requirements for buildings;
limits local authority to (1) require the provision of parking spaces or (2) place a cap on the number of dwellings in multifamily, middle, or mixed-use developments § 4 — CGS § 8-2:
OPTIONS FOR PROMOTING CONSERVATION sHB6107 / File No.
716 30 sHB6107 File No.
716 Expands the energy conservation tools and renewable energy types a municipality can require or promote Prohibits regulations from imposing on mobile manufactured homes and associated lots conditions that are substantially different from those imposed on other residential developments § 8 — ZONING ENFORCEMENT OFFICER CERTIFICATION Beginning January 1, 2023, requires all appointed ZEOs to obtain and maintain certification from the state’s professional ZEO association § 9 — BIENNIAL TRAINING FOR CERTAIN LAND USE OFFICIALS Requires local planning and zoning officials to complete at least four hours of training biennially § 11 — WATER POLLUTION CONTROL PLANS Allows WPCAs to add information about sewer system capacity for certain areas to municipal water pollution control plans § 12 — AFFORDABLE HOUSING PLANNING REQUIREMENT Specifies that municipalities must prepare and adopt their first plans by June 1, 2022;
requires plans to be submitted to OPM § 13 — COMMISSION ON CONNECTICUT’S DEVELOPMENT AND FUTURE Establishes a commission within the Legislative Department to evaluate policies related to land use, conservation, housing affordability, and infrastructure BACKGROUND Information on the Affordable Housing Land Use Appeals Procedure and related bills *House Amendment “A” strikes the underlying bill and replaces it with some provisions that are similar to those in the original bill, with regard to certain changes to the Zoning Enabling Act and affordable housing planning requirement;
makes other changes to the Zoning Enabling Act that were not in the underlying bill;
and adds the provisions related to accessory apartments, technical consultant fees, zoning enforcement officer certification, biennial training for certain land use officials, water pollution control plans, and the Commission on Connecticut’s Development and Future.
§§ 1, 6, 7 & 10 — AS OF RIGHT ACCESSORY APARTMENTS Requires municipalities that zone under CGS § 8-2 to adopt or amend regulations to allow ADUs as of right on the same lot as single-family homes unless they follow the bill’s opt-out process;
specifies that these units will not count toward a municipality’s base housing stock calculation for purposes of the Affordable Housing Land Use Appeals Procedure (CGS § 8-30g);
modifies the definition of ADU for purposes of the appeals sHB6107 / File No.
716 31 sHB6107 File No.
716 procedure;
specifies the addition of an ADU on a lot does not make the sewerage system a “community sewerage system” Definitions Under the bill, an “accessory apartment” (also referred to as an accessory dwelling unit or “ADU”) means a separate dwelling unit that (1) is located on the same lot as a principal dwelling unit of greater square footage;
(2) has cooking facilities;
and (3) complies with or is otherwise exempt from any applicable building code, fire code, and health and safety regulations.
The billspecifiesthat “asofright” meansableto beapproved without requiring a public hearing;
a variance, special permit, or special exception;
or other discretionary zoning action, other than a determination that a site plan conforms with applicable zoning regulations.
Regulation Adoption Requirement The bill requires municipalities that exercise powers under CGS § 8- (the Zoning Enabling Act) to adopt regulations (1) allowing one ADU as of right on each lot that contains a single-family dwelling and (2) designating other areas where ADUs are allowed.
But bill also creates an opt-out process, as described below.
The bill specifies that municipalities cannot require as of right ADUs sharing a lot with a single-family home to be preserved for lower- income families.
If a municipality does not opt-out, the bill requires it to amend or adopt ADU zoning regulations by January 1, 2023, and specifies that those that do not must review ADU permit applications in accordance with the bill’s regulation requirements until the regulations are amended or adopted.
A municipality may not use or impose additional standards beyond those set forth in the bill.
The bill deems noncompliant regulations to be null and void.
Opt-Out Process Until January 1, 2023, the bill allows municipalities, by a two-thirds sHB6107 / File No.
716 32 sHB6107 File No.
716 vote of their zoning commission or combined planning and zoning commission, to opt out of the bill's as of right ADU provisions.
To do so, the municipality's zoning or combined planning and zoning commission must:
1.
first hold a public hearing on the proposed opt-out, subject to the standard notice and timeframes for such hearings;
2.
affirmatively decide to opt out within the statutory time limit (generally within 65 days of the hearing's completion);
3.
state in the record the reasons for its decision;
and 4.
publish notice of the decision within 15 days in a newspaper that has substantial circulation in the municipality.
The bill requires the opt-out to be confirmed by a two-thirds vote of the municipal legislative body (or if it is a town meeting, the board of selectmen).
As of Right Permitting The bill requires regulations to establish an as of right permit application and review process for ADUs.
The process must require the zoning or planning and zoning commission to decide within 65 days after application unless an applicant approves an extension or extensions of up to 65 days total or withdraws the application.
Under the bill, municipalities cannot condition ADU approval on the correction of a nonconforming use, structure, or lot or require fire sprinklers unless they are also required in the principal dwelling or by the fire code.
Regulation Contents Under the bill, the ADU zoning regulations must:
1.
allow attached and detached ADUs and ADUs contained within the principal dwelling unit;
sHB6107 / File No.
716 33 sHB6107 File No.
716 2.
set a maximum net floor area for ADUs that is the lesser of (a) at least 30% of the principal dwelling’s net floor area or (b) 1,000 square feet (but regulations may allow a larger net floor area for ADUs);
3.
require setbacks, lot size, and building frontage less than or equal to that which is required for the principal dwelling;
4.
require lot coverage greater than or equal to that which is required for the principal dwelling;
and 5.
provide for height, landscaping, and architectural design standards that do not exceed standards applied to single-family dwellings in the municipality.
Regulations cannot require:
1.
a passageway between the ADU and principal dwelling;
2.
an exterior door for anADU, except as required by the applicable building or fire code;
3.
more than one parking space for the ADU or fees in lieu of parking;
4.
a familial, marital, or employment relationship between the principal dwelling unit’s occupants and the ADU’s occupants;
5.
a minimum age for ADU occupants;
6.
separate billing ofutilitiesotherwise connectedto,orusedby, the principal dwelling unit;
or 7.
periodic ADU permit renewal.
The bill further specifies that it does not supersede applicable building code requirements or other requirements where a well or private sewerage system is being used, so long as approval for any such accessory apartment shall not be unreasonably withheld.
sHB6107 / File No.
716 34 sHB6107 File No.
716 Additionally, the bill prohibits municipalities, special districts, and sewer or water authorities from (1) considering an ADU to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU was constructed with a new single-family dwelling on the same lot or (2) requiring the installation of a new or separate utility connection directly to an ADU or imposing a related connection fee or capacity charge.
Under current law, a community sewer system is generally a sewer system service for at least two residences in separate structures that is not connected to a municipal sewer system.
The bill specifies that a “community sewerage system” does not include a system serving only a principal dwelling and ADU located on the same lot.
The bill does not prevent municipalities from prohibiting or limiting the use of ADUs for short-term rentals or vacation stays.
Housing Stock Calculation Under CGS § 8-30g By law, the Department of Housing (DOH) must promulgate annually a list identifying the housing stock in each municipality that qualifies as affordable housing under the Affordable Housing Land Use Appeals Procedure (see BACKGROUND).
The list, based on Census data,providesthisinformationasapercentageofthetotalhousingstock in the municipality (CGS §§ 8-30g(k) & 8-37qqq(a)(2)(D)).
The bill specifies that ADUs built or permitted after January 1, 2022, but are not subject to deed restrictions that qualify them as affordable housing, will not increase a municipality’s base (market-rate) housing stock calculation.
Thus, as of right ADUs will not increase the amount of affordable housing that a municipality must have to obtain or maintain an exemption or moratorium from the procedure.
(Presumably, municipalities will provide DOH with information on ADUs to be excluded from the base housing stock calculation.) The bill also aligns the definition of “accessory apartment” under the appeals procedure with bill’s definition of ADU.
sHB6107 / File No.
716 35 sHB6107 File No.
716 EFFECTIVE DATE:
January 1, 2022 for the main ADU provisions (§ 6) and October 1, 2021, for the conforming changes (§§ 1, 7 & 10).
§ 2 — APPLICATION AND TECHNICAL CONSULTANT FEES Limits municipal authority to charge disproportionality higher land use application fees for larger residential projects;
authorizes municipalities to charge technical consultant fees Current law allows municipalities to set by ordinance reasonable fees for processing applications submitted to the planning, zoning, or planning and zoning commission;
the zoning board of appeals;
or inland wetlands commission.
The bill prohibits adopting a fee schedule that imposes higher fees on developments built following an appeal brought under the Affordable Housing Land Use Appeals Procedure (CGS § 8-30g).
It also prohibits using a fee schedule charging more because a residential building has more than four units, including higher fees per unit, per square footage, or per unit of construction cost.
The bill additionally allows municipalities to adopt regulations establishing reasonable technical consultant fees for applications made to the abovementioned boards and commissions.
The fees must be used to pay consultants who have expertise in land use to review particular technical aspects of an application (e.g., traffic or stormwater) for the benefit of the commission or board.
The fees must be accounted for separately and may only be used for technical review costs.
The fees cannot be used to pay a consultant who is a salaried employee of the municipality, commission, or board.
Leftover amounts, including any interest accrued, must be returned to the applicant within 45 days after the review is complete.
EFFECTIVE DATE:
October 1, 2021 §§ 3 & 4 — CGS § 8-2:
REORGANIZATION AND MINOR CHANGES Reorganizes the Zoning Enabling Act (CGS § 8-2, which applies to municipalities exercising zoning powers under the statutes) and makes minor, technical, and conforming changes The bill makes various minor, technical, and conforming changes to the Zoning Enabling Act, which applies to municipalities that exercise sHB6107 / File No.
716 36 sHB6107 File No.
716 zoning powers under the statutes (as opposed to a special act).
Among these, the bill specifies that when a municipality is contiguous to, or on a navigable waterway that drains to, Long Island Sound, its regulations must consider a proposed development’s environmental impact on Long Island Sound’s “coastal resources” (as defined in the Coastal Management Act), rather than impacts on Long Island Sound generally.
By law, “coastal resources” means coastal waters and their natural resources, related marine and wildlife habitat, and adjacent shorelands (CGS § 22a-93).
The bill specifically authorizes municipalities to use a vehicle’s miles traveled and vehicle trips generated standard instead of, or in addition to, a “level of service” traffic calculation when assessing (1) a proposed development’s anticipated traffic impact and (2) potential mitigation strategies such as reducing the amount of required parking for a development or requiring public sidewalks, crosswalks, bicycle paths, bicycle racks, or bus shelters (including off-site).
The bill specifies that regulations may provide for floating zones, overlay zones, and planned development districts.
(Connecticut courts have held that CGS § 8-2 implicitly grants municipalities the power to use these techniques.) The bill also makes technical and conforming changes to the temporary health care structure law (§ 3).
EFFECTIVE DATE:
October 1, 2021 § 4 — CGS § 8-2:
REQUIRED GOALS AND CONSIDERATIONS Eliminates a requirement that zoning regulations be (1) designed to prevent overcrowding and undue population concentration and (2) made with reasonable consideration as to the “character” of a district;
requires regulations provide for varied housing opportunities and affirmatively further the purposes of the federal Fair Housing Act;
requires regulations to be designed to protect historic, tribal, cultural, and environmental resources Required Goals The bill eliminates the requirement that zoning regulations be designed to prevent the overcrowding of land and avoid undue sHB6107 / File No.
716 37 sHB6107 File No.
716 concentration of population.
The bill requires that regulations be designed to do the following:
1.
protect the state’s historic, tribal, cultural, and environmental resources;
2.
consider the impact of permitted land uses on contiguous municipalities and the planning region;
3.
address significant disparities in housing needs and access to educational, occupational, and other opportunities;
4.
affirmatively further the purposes of the federal Fair Housing Act;
and 5.
promote efficient review of proposals and applications.
Consideration of Character Current law requires that zoning regulations be made with (1) reasonable consideration as to the character of the district and its peculiar suitability for particular uses and (2) a view toward conserving the buildings’ value and encouraging the most appropriate use of land throughout a municipality.
The bill instead requires that regulations be drafted with reasonable consideration as to the physical site characteristics of the district with a view toward encouraging the most appropriate use of land throughout a municipality.
The bill also specifies that regulations cannot be applied to deny a land use application (including site plans, special permits or exceptions, or other zoning approval) based upon:
1.
a district’s character unless the character is expressly articulated in regulations with clear and explicit physical standards for site work and structures or 2.
the immutable characteristics, source of income, or income level of an applicant or end user (other than age or disability, in the sHB6107 / File No.
716 38 sHB6107 File No.
716 case of age-restricted or disability-restricted housing).
Providing Housing Opportunities In addition to the housing-related provisions above, the bill requires zoning regulations to provide for, rather than encourage, the development of housing opportunities for all residents of the municipality and local planning region, including opportunities for multifamily dwellings, consistent with soil types, terrain, and infrastructure capacity.
The bill requires zoning regulations to expressly allow, rather than encourage, housing that meets the needs identified in the state’s Consolidated Plan for Housing and Community Development and Plan of Conservation and Development.
EFFECTIVE DATE:
October 1, 2021 §§ 4 & 5 — CGS § 8-2:
PROHIBITED PROVISIONS Prohibits regulations from (1) prohibiting cottage food operations in a residential zone or (2) establishing minimum floor area requirements for buildings;
limits local authority to (1) require the provision of parking spaces or (2) place a cap on the number of dwellings in multifamily, middle, or mixed-use developments The bill prohibits zoning regulations from:
1.
prohibiting cottage food operations (i.e., operations in which food products are prepared in a private residential dwelling’s home kitchen and for sale directly to the consumer) in a residential zone;
2.
establishing minimum floor area requirements for buildings that are greater than those required under applicable building, housing, or other code;
or 3.
placing a fixed numerical or percentage cap on the number of dwelling units permitted in multifamily housing over four units, middle housing, or mixed-use developments.
Under the bill, “middle housing” refers to duplexes, triplexes, sHB6107 / File No.
716 39 sHB6107 File No.
716 quadplexes, cottage clusters, and townhouses.
A “cottage cluster” is a grouping of at least four detached housing units or live work units, per acre, that are located around a common open area.
(The bill does not define live work unit.) A “mixed-use development” is a development containing residential and nonresidential uses in a single building.
A “townhouse” is a residential building constructed in a grouping of three or more attached units, each of which shares at least one common wall with an adjacent unit and has exterior walls on at least two sides.
The bill also prohibits regulations from requiring more than one parking space for each studio or one-bedroom dwelling unit or more than two parking spaces for each dwelling unit with two or more bedrooms unless the municipality opts out.
The bill allows municipalities, by a two-thirds vote of their zoning commission or combined planning and zoning commission, to opt out of the bill's parking provision.
To do so, the municipality's zoning or combined planning and zoning commission must:
1.
first hold a public hearing on the proposed opt-out, subject to the standard notice and timeframes for such hearings;
2.
affirmatively decide to opt out within the statutory time limit (generally within 65 days of the hearing's completion);
3.
state in the record the reasons for its decision;
and 4.
publish notice of the decision within 15 days in a newspaper that has substantial circulation in the municipality.
The bill requires the opt-out to be confirmed by a two-thirds vote of the municipal legislative body (or, if it is a town meeting, the board of selectmen).
EFFECTIVE DATE:
October 1, 2021 § 4 — CGS § 8-2:
OPTIONS FOR PROMOTING CONSERVATION sHB6107 / File No.
716 40 sHB6107 File No.
716 Expands the energy conservation tools and renewable energy types a municipality can require or promote Current lawallowszoning regulationsto encourage theuse ofcertain energy conservation tools, including solar.
The bill instead allows the regulations to require or promote these and expands them to include distributed generation or freestanding wind and combined heat and power.
The bill also expands the conservation tools that municipalities can incentivize developers’ use of to include any solar and other renewable forms of energy;
combined heat and power;
water conservation, including demand offsets;
and other energy conservation techniques.
EFFECTIVE DATE:
October 1, 2021 Prohibits regulations from imposing on mobile manufactured homes and associated lots conditions that are substantially different from those imposed on other residential developments The bill prohibits zoning regulations adopted pursuant to CGS § 8-2 from imposing on manufactured homes, including mobile homes, built to federal standards and with a narrowest dimension of 22 feet or more, and associated lots and parks, conditions that are substantially different from those imposed on (1) single-family dwellings and associated lots;
(2) multifamily dwellings;
or (3) lots with multifamily dwellings, cluster developments, or planned unit developments.
Under current law, manufactured homes and lots cannot be treated substantially differently from single-family dwellings and lots with single-family dwellings.
Additionally, manufactured home developments cannot be treated substantially differently from multifamily dwellings or lots with multifamily dwellings, cluster developments, or planned unit developments.
The bill removes references to manufactured home developments.
EFFECTIVE DATE:
October 1, 2021 § 8 — ZONING ENFORCEMENT OFFICER CERTIFICATION sHB6107 / File No.
716 41 sHB6107 File No.
716 Beginning January 1, 2023, requires all appointed ZEOs to obtain and maintain certification from the state’s professional ZEO association Beginning January 1, 2023, and annually thereafter, the bill requires zoning enforcement officers (ZEOs) to obtain certification from the Connecticut Association of ZEOs.
The requirement applies to existing employeesandtonewly appointedZEOsworking inmunicipalitiesthat exercise zoning authority under the statutes.
The bill requires ZEOs to maintain certification for the duration of their employment as ZEOs.
(It appears that the bill authorizes un-certified ZEOs to be appointed, but it requires them to obtain certification as soon as practicable.
In practice, the Connecticut Association of ZEOs requires an individual to have at least two years’ experience before it grants certification, among other requirements.) By law, each municipality decides how its zoning regulations are enforced.
In practice, the zoning or combined planning and zoning commission may reserve the enforcement power to itself, or it may be delegated to a ZEO.
ZEOs may be responsible for (1) investigating zoning violations and issuing cease and desist orders and (2) reviewing and providing an advisory opinion on applications for special permits, site plans, subdivisions, and variances.
EFFECTIVE DATE:
October 1, 2021 § 9 — BIENNIAL TRAINING FOR CERTAIN LAND USE OFFICIALS Requires local planning and zoning officials to complete at least four hours of training biennially Beginning January 1, 2023, the bill requires each member of a local planning commission, zoning commission, planning and zoning commission, or zoning board of appeals, to complete at least four hours of training biennially.
Members serving on a board or commission as of January 1, 2023, must complete their initial training by January 1, 2024.
Members not serving on January 1, 2023, must complete the training within one year after being elected or appointed to the board or commission.
sHB6107 / File No.
716 42 sHB6107 File No.
716 The initial and subsequent training must include at least one hour on affordable and fair housing.
Training may also cover:
1.
process and procedural matters, including the conduct of effective meetings and public hearings and the Freedom of Information Act;
2.
the interpretation of site plans, surveys, maps, and architectural conventions;
and 3.
the impact of zoning on the environment, agriculture, and historic resources.
By January 1, 2022, the bill requires the Office of Policy and Management secretary to establish guidelines for the training in collaboration with land use training providers, including the Connecticut Association of Zoning Enforcement Officials, the Connecticut Conference of Municipalities, the Connecticut Chapter of the American Planning Association, the Land Use Academy at UConn’s Center for Land Use Education and Research, the Connecticut Bar Association, regional councils of governments, and other nonprofit or educational institutions that provide land use training.
If the secretary fails to establish the guidelines, then land use training providers may create and administer appropriate training.
Thebillrequireseachboardorcommission,startingbyMarch1,2024, to annually submit to its municipal legislative body (or board of selectmen, if a town meeting) a statement affirming its members’ compliance with the bill’s training requirement.
EFFECTIVE DATE:
Upon passage § 11 — WATER POLLUTION CONTROL PLANS Allows WPCAs to add information about sewer system capacity for certain areas to municipal water pollution control plans The bill allows municipal water pollution control authorities (WPCAs) to delineate in the water pollution control plans they create sHB6107 / File No.
716 43 sHB6107 File No.
716 the specific capacity allocations to serve developable areas for residential or mixed-use buildings with at least four dwelling units.
By law, these plans delineate areas such as those (1) served by the municipal sewerage system, (2) where sewerage facilities are planned, and (3) where sewers should be avoided.
The plans also describe municipal programs to avoid pollution problems and manage subsurface sewage disposal.
EFFECTIVE DATE:
October 1, 2021 § 12 — AFFORDABLE HOUSING PLANNING REQUIREMENT Specifies that municipalities must prepare and adopt their first plans by June 1, 2022;
requires plans to be submitted to OPM Existing law requires every municipality, at least once every five years, to prepare or amend and adopt an affordable housing plan specifying how the municipality will increase the number of affordable housing developments in its jurisdiction.
The bill specifies that municipalities must prepare and adopt their first plans by June 1, 2022.
The bill also requires municipalities to post their draft plan or updates online, even if they do not hold a public hearing on the draft plan or updates.
It eliminates a requirement that the draft plan or amendment be filed with the town clerk.
The bill requires municipalities to submit their plans to OPM for posting on its website.
Under current law, if a municipality does not comply with plan amendment deadlines, it must submit a letter to the housing commissioner explaining why.
The bill instead requires them to submit the letter to OPM and, in providing this explanation, specify a date by which the plan will be amended.
The bill also authorizes municipalities to submit their affordable housing plans as part of their local plan of conservation and development (POCD).
Those doing so may submit their affordable housing plan early in order to coincide with a POCD submission, so long as their next submission is five years later.
(POCDs are due only every 10 years.) sHB6107 / File No.
716 44 sHB6107 File No.
716 EFFECTIVE DATE:
Upon passage § 13 — COMMISSION ON CONNECTICUT’S DEVELOPMENT AND FUTURE Establishes a commission within the Legislative Department to evaluate policies related to land use, conservation, housing affordability, and infrastructure ThebillestablishesaCommissiononConnecticut'sDevelopmentand Future within the Legislative Department to evaluate policies related to land use, conservation, housing affordability, and infrastructure.
The bill specifies the commission may accept administrative support and technical and research assistance from outside organizations and employees of the Joint Committee on Legislative Management.
The co- chairpersons may establish working groups consisting of commission members and nonmembers and may designate a chairperson of each working group.
Membership The commission consists of the following members:
1.
two appointed by the House speaker, one who is a legislator and one who is a representative of a municipal advocacy organization;
2.
two appointed by the Senate president pro tempore, one who is a legislator and one who has expertise in state or local planning;
3.
two appointed by the House majority leader, one who has expertise in state affordable housing policy and one who representsatownwithapopulationover30,000butlessthan75,000 ;
4.
two appointed by the Senate majority leader, one who has expertise in zoning policy and one with expertise in community development policy;
5.
two appointed by the House minority leader, one who has expertise in environmental policy and one who represents a municipal advocacy organization;
sHB6107 / File No.
716 45 sHB6107 File No.
716 6.
two appointedby theSenate minority leader,onewho represents the Connecticut Association of Councils of Governments and one with expertise in homebuilding;
7.
two appointed by the governor, one who is an attorney with expertise in planning and zoning and one who has expertise in fair housing;
8.
the chairs and ranking members of the Planning and Development, Environment, Housing, and Transportation committees;
9.
the administrative services, economic and community development, energy and environmental protection, housing, and transportation commissioners, or their designees;
and 10.
the OPM secretary.
The House speaker and Senate president pro tempore cannot appoint astheirlegislativeappointeesachairorrankingmemberofthePlanning and Development, Environment, Housing, or Transportation committee.
The billrequiresappointing authorities,incooperationwith one another, to make a good faith effort to ensure that, to the extent possible, the commission’s membership closely reflects Connecticut’s gender and racial diversity.
Members serve without compensation, except for necessary expenses incurredintheperformanceoftheirduties.Appointingauthoritiesmust fill any vacancy.
The House speaker and Senate president pro tempore must jointly select one of their legislative appointments to serve as one of the chairpersons.
The OPM secretary serves as the other chairperson.
The chairpersons are responsible for scheduling the first commission meeting.
Responsibilities sHB6107 / File No.
716 sHB6107 File No.
716 By January 1, 2022, and again by January 1, 2023, the commission must submit a report to the planning and development, environment, housing, and transportation committees and to the OPM secretary regarding:
1.
recommendations for statutory changes concerning the process for developing, adopting, and implementing the state plan of conservation and development and state’s consolidated plan for housing and community development;
2.
recommendations for guidelines and incentives for compliance with the law’s (a) affordable housing planning requirement (see above, § 11) and (b) requirement under the Zoning Enabling Act that zoning regulations provide opportunities for developing varied housing opportunities, promote housing choice and economic diversity in housing, and expressly allow for housing to be developed that meets the needs identified in the state's consolidated plan for housing and community development and plan of conservation and development;
3.
recommendations as to how such compliance should be determined, as well as the form and manner in which evidence of such compliance should be demonstrated;
4.
(a) existing categories of discharge that constitute alternative on- site sewage treatment systems, subsurface community sewerage systems, and decentralized systems;
(b) current administrative jurisdiction to issue or deny permits and approvals for such systems (with reference to daily capacities of such systems);
and (c) the potential impacts of increasing the daily capacities of such systems, including changes in administrative jurisdiction over such systems and the timeframe for adopting regulations to implement these changes;
and 5.
development of (a) model design guidelines for both buildings and context-appropriate streets that municipalities may adopt, in whole or in part, as part of their zoning or subdivision sHB6107 / File No.
716 47 sHB6107 File No.
716 regulations as described below and (b) and implementation by the regional councils of governments of an education and training program for delivering the model design guidelines.
Under the bill, the report on model design guidelines must provide guidelines that:
1.
identify common architectural and site design features of building types used throughout Connecticut;
2.
create a catalogue of common building types, particularly those typically associated with housing;
3.
establish reasonable and cost-effective design review standards for approval of common building types, accounting for topography, geology, climate change, and infrastructure capacity;
4.
establish procedures for expediting the approval of buildings or streets that satisfy these design review standards, whether for zoning or subdivision regulations;
and 5.
create a design manual for context-appropriate streets that complements common building types.
The bill specifies that the provision requiring the commission to provide recommendations for ensuring compliance with the state’s affordable housing planning requirement should not be construed to change municipalities’ obligation to adopt or amend their plans on- time.
If the commission is unable to meet the first reporting deadline (January 1, 2022), the co-chairpersons must request an extension from the House speaker and Senate president pro tempore and shall submit an interim report.
The commission terminates when it submits its final report, or January 1, 2023, whichever is later.
EFFECTIVE DATE:
Upon passage sHB6107 / File No.
716 48 sHB6107 File No.
716 BACKGROUND Information on the Affordable Housing Land Use Appeals Procedure and related bills Affordable Housing Land Use Appeals Procedure (CGS § 8-30g) The procedure requires municipal planning and zoning agencies (“municipalities”) to defend their decisions to reject affordable housing development applications or approve them with costly conditions.
In traditional land use appeals, the developer must convince the court that the municipality acted illegally, arbitrarily, or abused its discretion.
The procedure instead places the burden of proof on municipalities.
With limited exceptions, developers can use the appeals procedure to contest a municipality’s decision on an affordable housing development application submitted to a municipality if (1) fewer than 10% of the municipality’s housing units are affordable, based on certain statutory criteria, and (2) the municipality has not qualified for a moratorium (i.e., a temporary suspension of procedure following a relatively rapid increase in affordable housing stock).
By law, DOH annually publishes a list of housing stock in each municipality that qualifies as affordable housing.
Related Bills sSB 87 (File 181), favorably reported by the Housing Committee, makes many of the same technical changes to the Zoning Enabling Act andalsoprohibitsregulationsfrom(1)treatinglicensedgroupchildcare homes located in a residence differently than single or multifamily properties and (2) requiring a special permit or exception to operate either a family or group child care home located in a residence within a residential zone.
sSB 961 (File 558), favorably reported by the Planning and Development Committee, shifts, from DEEP to DPH, regulatory authority over (1) alternative on-site sewage treatment systems with daily capacities of between 5,000 and 7,500 gallons and (2) small community sewage systems with daily capacities of up to 10,000 gallons.
sHB6107 / File No.
716 49 sHB6107 File No.
716 sSB 1024 (File 560), favorably reported by the Planning and Development Committee, makes many of the same changes to the Zoning Enabling Act, but it makes other changes as well (e.g., allowing for the amortization of nonconforming uses).
sSB 1026 (File 561), favorably reported by the Planning and Development Committee, requires each member of a local planning commission, zoning commission, planning and zoning commission, or zoningboardofappealstocompleteatleastfivehoursoftrainingwithin one year after being elected or appointed to the board or commission.
sHB 6570 (File 414), favorably reported by the Transportation Committee, similarly requires municipalities to adopt their first affordable housing plan by July 1, 2022, but also requires their plans to identify all parcels in the municipality that are state- or municipally- owned and are located within a half-mile radius of a passenger rail or bus rapid transit station.
COMMITTEE ACTION Planning and Development Committee Joint Favorable Substitute Yea 17 Nay 9 (03/31/2021) sHB6107 / File No.
716 50
Show all 487 changed rows (447 more)
View plain text versions (5)
- Chaptered Public Act No. 21-29 Current pdf
- File No. 716 View text pdf
- File No. 541 View text pdf
- Raised Bill View text pdf
- Substitute PD Joint Favorable Substitute pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
This bill updates regulations related to zoning, accessory apartments, and municipal fees in Connecticut.
-
Section 8-1a
The words "town" and "selectmen" appear in this chapter, they shall be deemed to include "district" and "officers of such district", respectively.→ the words "town" and "selectmen" shall include "district" and "officers of such district", respectively.The definitions in zoning law now explicitly include districts along with towns.
-
Section 8-1c
such fees shall be accounted for separately from other funds of such commission or board→ such fees shall be accounted for separately from other funds of such commission or board and shall be used only for expenses associated with the technical review by consultants who are not salaried employees of the municipality or such commission or board.Fees collected for technical reviews must be used specifically for that purpose and cannot be mixed with other funds.
-
Section 8-1c
Any such fees shall be accounted for separately from other funds of such commission or board and shall be used only for expenses associated with the technical review by consultants who are not salaried employees of the municipality or such commission or board.→ Any amount of the fee remaining after payment of all expenses for such technical review, including any interest accrued, shall be returned to the applicant not later than forty-five days after the completion of the technical review.Applicants are guaranteed a return of any unused fee amounts from technical reviews within 45 days.
-
Section 8-1b
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→ 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 provisions of subdivision (5) of subsection (d) of section 8-2, regarding authorization for the installation of temporary health care structures.Municipalities can now opt out of both temporary health care structure regulations and the associated zoning provisions.
-
Section 8-2
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→ 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.The list of zoning commission authorizations has been expanded to include water-dependent uses.
Action History
-
SIGNED BY GOVERNOR
-
TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR
-
TRANSMITTED TO SECRETARY OF THE STATE
-
PUBLIC ACT 21-29
-
IN CONCURRENCE
-
SEN. PASSED, HO. AMEND. SCH. A
-
SEN. REJ. SEN. AMEND. SCH. B
-
SEN. REJ. SEN. AMEND. SCH. A
-
SEN. ADOPTED HO. AMEND. SCH. A
-
FILE NO. 716
-
SENATE CALENDAR NUMBER 477
-
FAV. RPT., TAB. FOR CAL., SEN.
-
HOUSE PASSED, HOUSE AMEND. SCH. A
-
HOUSE REJECTED HOUSE AMEND. SCH. B
-
HOUSE ADOPTED HOUSE AMEND. SCH. A
-
FILE NO. 541
-
HOUSE CALENDAR NUMBER 385
-
FAV. RPT., TABLED FOR HOUSE CALENDAR
-
RPTD. OUT OF LCO
-
REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/20/21
-
FILED WITH LCO
-
Joint Favorable Substitute
-
PUBLIC HEARING 0315
-
REF. TO JOINT COMM. ON Planning and Development
Sponsors
- Roland J. Lemar · Primary
- Jason Rojas · Primary
- Hilda E. Santiago · Primary
- Steve Cassano · Primary
Sponsorship breakdown
Export CSV (upgrade) →4 sponsors · 0 co-sponsors · 183 not signed on
Sponsors (4)
- Roland J. Lemar Democratic
- Jason Rojas Democratic
- Hilda E. Santiago Democratic
- Cassano, Steve
Co-sponsors (0)
None.
Not signed on (183)
183 members have not signed on to this bill.
Show all 183 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors HB 6107?
- HB 6107 is sponsored by Roland J. Lemar (Democratic), Jason Rojas (Democratic), Hilda E. Santiago (Democratic), and Cassano, Steve.
- What is the current status of HB 6107?
- This bill has been enacted into law. Introduced January 28, 2021. Enacted.
- Where can I track HB 6107?
- Track HB 6107 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on HB 6107
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of HB 6107
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →