SB 1024 — AN ACT CONCERNING ZONING AUTHORITY, CERTAIN DESIGN GUIDELINES, QUALIFICATIONS OF ZONING ENFORCEMENT OFFICERS AND CERTAIN SEWAGE DISPOSAL SYSTEMS.

4773 5 of 27 safety from fire, panic, flood and other dangers;

Such regulations shall be made] (F) consider the impact, including as to housing affordability, of permitted land uses on contiguous municipalities and on the planning region, as defined in section 4-124i, in which such municipality is located,located; (G) combat discrimination and takeothermeaningfulactionsthatovercomepatternsofsegregation and address significant disparities in housing needs and access to opportunities,and(I)provideforclearprocessesforandefficientreview of development proposals;

(3)(G) Becombat drafteddiscrimination with reasonable consideration as to the [character] physical site characteristics and architecturaltakeothermeaningfulactionsthatovercomepatternsofsegregationand contextaddress ofsignificant thedisparities districtin andhousing itsneeds peculiar suitability for particular uses and withaccess a view to [conservingeducational, theoccupational valueand ofother buildingsopportunities; and] encouraging the most appropriate use of land throughout such municipality;

and (H) provide for clear processes for, and efficient review of, development proposals;

(3) Be drafted with reasonable consideration as to the [character] physical site characteristics and architectural context 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 may, to the extentsSB1024 consistent/ withFile soilNo. 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.

560 5 sSB1024 File No.

560 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 promote] (5) Promote housing choice and economic diversity in housing, including housing forbothlowandmoderateincome households;[,and shall encourage] (6) Expressly allow the development of housing which will meet the LCOhousingneedsidentifiedinthestate'sconsolidatedplanforhousingand No.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;

4773 6 of 27 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;

Zoning regulations shall be] (7) Be made with reasonable consideration for their[their] the impact of such regulations on agriculture, as defined in subsection (q) of section 1-1;

(B) be designed to reduce hypoxia, pathogens,sSB1024 toxic/ contaminantsFile andNo. floatable debris on Long Island Sound;

560 6 sSB1024 File No.

560 pathogens, toxic contaminants and floatable debris on Long Island Sound;

Such regulations may also LCOencourage] No.(3) Require or promote (A) energy-efficient patterns of development;

4773 7 of 27 encourage] (3) Require or promote (A) energy-efficient patterns of development;

The regulations may also provideprovide] for] (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.

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 maysSB1024 include/ aFile systemNo. for the variance of density limits in connection with any such transfer;

560 7 sSB1024 File No.

560 may include a system for the variance of density limits in connection with any such transfer;

and LCO(10) No.In any municipality where a traprock ridge or an amphibolite ridge is located, (A) provide for development restrictions in ridgeline setback areas;

4773 8 of 27 (10) In any municipality where a traprock ridge or an amphibolite ridge is located, (A) provide for development restrictions in ridgeline setback areas;

No such regulations shall prohibit] (2) (A) Prohibit the use of receptacles for the storage of items designatedsSB1024 for/ recyclingFile inNo. accordance with section 22a-241b or require that such receptacles comply with provisions for bulk or lot area, or similar provisions, except provisions for sideyards, rear yards and front yards;

560 8 sSB1024 File No.

560 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 sideyards, rear yards and front yards;

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 LCO(A) No.single-family dwellings;

4773 9 of 27 (A) single-family dwellings;

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 regulationsregulations, [or] except as provided in subparagraph (D) of this subdivision;

[or] (B) require a special permit or special exception for any such continuance;

Such regulations shall not] (C) provide for the termination of any (i) 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.sSB1024 / File No.

560 9 sSB1024 File No.

560 use.

LCO(5) No.Prohibit the installation of temporary health care structures for use by mentally or physically impaired persons [in accordance with the provisionsofsection8-1bbifsuchstructurescomplywiththeprovisions ofsaidsection.]pursuanttosection8-1bb,asamendedbythisact,unless the municipality opts out pursuant to subsection (j) of said section;

4773 10 of 27 (5) Prohibit the installation of temporary health care structures for use by mentally or physically impaired persons [in accordance with the provisionsofsection8-1bbifsuchstructurescomplywiththeprovisions of said section] pursuant to section 8-1bb, as amended by this act, unless the municipality opts out pursuant to subsection (j) of said section;

(9) Require more than one parking space for each studio or one- bedroomsSB1024 dwelling/ unitFile orNo. more than two parking spaces for each dwelling unit with two or more bedrooms;

560 10 sSB1024 File No.

560 bedroom dwelling unit or more than two parking spaces for each dwelling unit with two or more bedrooms;

[(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 LCOhabitat No.of Long Island Sound and shall be designed to reduce hypoxia, pathogens, toxic contaminants and floatable debris in Long Island Sound.

4773 11 of 27 habitat of Long Island Sound and shall be designed to reduce hypoxia, pathogens, toxic contaminants and floatable debris in Long Island Sound.

and (3) selective timbering, grazing of domesticated animals and passivesSB1024 recreation.]/ [(d)]File (f)No. Any [advertising] sign or billboard that is not equipped with the ability to calibrate brightness or illumination shall be exempt from any municipal ordinance or regulation regulating such brightness or illumination that is adopted by a city, town or borough, pursuant to subsection (a) of this section, after the date of installation of such advertising sign or billboard.

[pursuant560 to11 subsectionsSB1024 (a)File ofNo. this section.] (g) Any aggrieved party alleging that the zoning regulations of a municipality are noncompliant with the provisions of subsection (b) or (d) of this section or section 5 or 6 of this act, may file an application in the superior court for the judicial district in which such municipality is located to enjoin the enforcement of such regulations.

If560 suchpassive courtrecreation.] finds[(d)] that(f) suchAny municipality[advertising] failedsign toor complybillboard that is not equipped with the provisionsability ofto eithercalibrate ofbrightness saidor subsectionsillumination orshall eitherbe ofexempt saidfrom sections,any asmunicipal applicable,ordinance or regulation regulating such courtbrightness mayor issueillumination anthat injunctionis foradopted by a city, town or borough, pursuant to subsection (a) of this section, after the date of installation of such purpose.advertising sign or billboard.

[pursuant to subsection (a) of this section.] Sec.

LCO(1) No.Designate locations or zoning districts within the municipality in which accessory apartments are allowed, provided at least one accessory apartment shallbeallowedasofright oneachlot that contains a single-family dwelling and no such accessory apartment shall be required to be an affordable accessory apartment;

4773 12 of 27 (1) Designate locations or zoning districts within the municipality in which accessory apartments are allowed, provided at least one accessory apartment shallbeallowed asofright 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 onethousandsquareone thousandsquare feet,whichever isless,except that such regulations may allow a larger net floor area for such apartments;

(6)sSB1024 Be/ prohibitedFile fromNo. requiring (A) a passageway between any such accessory apartment and any such principal dwelling, (B) an exterior door for any such accessory apartment, except as required by the applicable building or fire code, (C) any more than one parking space for any such accessory apartment, or fees in lieu of parking otherwise allowed by section 8-2c of the general statutes, or (D) a familial, marital or employment relationship between occupants of the principal dwelling and accessory apartment, (E) a minimum age for occupants of the accessory apartment, (F) separate billing of utilities otherwise connected to, or used by, the principal dwelling unit, or (G) periodic renewals for permits for such accessory apartments;

and560 LCO12 sSB1024 File No.

4773560 13(6) ofBe 27prohibited (7)from Berequiring interpreted(A) a passageway between any such accessory apartment and enforcedany such thatprincipal nothingdwelling, in(B) thisan sectionexterior shalldoor befor inany derogationsuch ofaccessory (A)apartment, except as required by the applicable building codeor requirements,fire (B)code, the(C) abilityany ofmore athan municipalityone toparking requirespace ownerfor occupancyany orsuch toaccessory prohibitapartment, or limitfees thein uselieu of accessoryparking apartmentsotherwise forallowed short-termby rentalssection or8-2c vacationof stays,the general statutes, (D) a familial, marital or (C)employment otherrelationship requirementsbetween whereoccupants aof privatethe sewerageprincipal systemdwelling isand beingaccessory used,apartment, provided(E) approvala minimum age for anyoccupants suchof the accessory apartmentapartment, shall(F)separate notbilling beofutilitiesotherwise unreasonablyconnected withheld.to, or used by, the principal dwelling unit, or (G) periodic renewals for permits for such accessory apartments;

and (7) Be interpreted and enforced such that nothing in this section shall be in derogation of (A) applicable building code requirements, (B) the ability of a municipality to require owner occupancy or to prohibit or limit the use of accessory apartments for short-term rentals or vacation stays, or (C) other requirements where a private sewerage system is being used, provided approval for any such accessory apartment shall not be unreasonably withheld.

(d) A municipality, special district, sewer or water authority shall not (1) consider an accessory apartment to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless such accessory apartment wassSB1024 constructed/ withFile aNo. new single-family dwelling on the same lot, or (2) require the installation of a new or separate utility connection directly to an accessory apartment or impose a related connection fee or capacity charge.

(e)560 If13 asSB1024 municipalityFile fails to adopt new regulations or amend existing regulations by June 1, 2022, for the purpose of complying with the provisions of this section, any noncompliant existing regulation shall become null and void and such municipality shall approve or deny applications for accessory apartments in accordance with the requirements for regulations set forth in the provisions of this section until such municipality adopts or amends a regulation in compliance LCO No.

4773560 14was constructed with a new single-family dwelling on the same lot, or (2) require the installation of 27a withnew thisor section.separate utility connection directly to an accessory apartment or impose a related connection fee or capacity charge.

(e) If a municipality fails to adopt new regulations or amend existing regulations by June 1, 2022, for the purpose of complying with the provisions of this section, any noncompliant existing regulation shall become null and void and such municipality shall approve or deny applications for accessory apartments in accordance with the requirements for regulations set forth in the provisions of this section until such municipality adopts or amends a regulation in compliance with this section.

(NEW)Subsection (Effective(k) Octoberof 1, 2021) (a) Any zoning regulations adopted pursuant to section 8-28-30g of the general statutes,statutes asis amendedrepealed byandthefollowing thisissubstituted act,inlieuthereof(EffectiveOctober shall1, allow2021): as of right and with no minimum parking requirements for dwelling units:

(1)(k) Mixed-usedThe developmentsaffordable withhousing atappeals leastprocedure fourestablished dwellingunder units,this mixed-usedsection developmentsshall withnot be available if the real property which is the subject of the application is located in a municipality in which at least fourten liveper workcent of all dwelling units andin multifamilythe housingmunicipality withare at(1) leastassisted fourhousing, (2) currently financed by Connecticut Housing Finance Authority mortgages, (3) subject to binding recorded deeds containing covenants or restrictions which require that such dwelling units (A)be atsold aor minimumrented densityat, ofor fifteenbelow, prices which will preserve the units peras acre,housing for which persons and (B)families inpay atthirty leastper fiftycent or less of income, where such income is less than or equal to eighty per cent of the lotmedian areaincome, served(4) bymobile watermanufactured andhomes sewerlocated infrastructurein andmobile withinmanufactured 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 one-half-period mileof radiusnot less than ten years, persons and families pay thirty per cent or less of anyincome, municipality'swhere primarysuch transitincome station.is less than or equal to sSB1024 / File No.

In560 the14 casesSB1024 ofFile theNo. zoning obligations described in this subparagraph, a municipality may satisfy up to fifty per cent of such obligations in the area between a one-half-mile radius and a one-mile radius of such transit station only if the land zoned to satisfy such obligations is located only a public right of way that directly connects to such transit station with adequate sidewalks, crosswalks and other similar pedestrian facilities;

and560 (2)eighty Multifamily housing or at least two types of middle housing (A) in any municipality with (i) concentrated development, or (ii) a minimum population of seven thousand five hundred in the preceding calendar year, and (B) in at least fifty per cent of the lotmedian areaincome, withinor a(5) one-quarter-milemobile distancemanufactured fromhomeslocatedinresident-ownedmobilemanufacturedhomeparks. at least one main street corridor.

IfFor anythe suchpurposes municipalityof doescalculating notthe havetotal anumber clearlyof identifiabledwelling mainunits streetin corridor,a suchmunicipality, municipalityaccessory shallapartments allowbuilt asor ofpermitted rightafter multifamilyJanuary housing1, or2022, atbut leastthat twoare typesnot ofdescribed middlein housingsubdivision in(4) contiguousof landthis encompassingsubsection, anshall areanot ofbe one-quartercounted squaretoward miles.such total number.

(b) The calculation of lot area as described in subparagraph (B) of subdivision (1) of subsection (a) of this section and subparagraph (B) of subdivision (2) of subsection (a) of this section shall include the square footage of total lot area, excluding roadways, sidewalks, railways, regulated inland wetlands and watercourses areas, steep slopes of fifteen per cent or more in grade change with a single lot, ledges, special LCO No.

4773 15 of 27 flood hazard areas defined by the Federal Emergency Management Agency, wetlands, as defined in section 22a-29 of the general statutes, public parkland, coastal resources, as defined in section 22a-93 of the general statutes, areas necessary for the protection of drinking water supplies and areas likely to be inundated during a thirty-year flood event, as identified by the Connecticut Institute of Climate Resilience andAdaptation at The University ofConnecticut pursuant to section 25- 68o of the general statutes.

(c) For any development or housing allowed under subsection (a) of this section that includes ten or more residential units, at least ten per cent of such residential units shall be an affordable housing development, as defined in section 8-30g of the general statutes, as amended by this act.

(d)Theasofrightpermitapplicationandreviewprocessforapproval of housing that is described in this section 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 June 1, 2022, for the purpose of complying with the provisions of this section, any noncompliant existing regulation shall become null and void and such municipality shall approve or deny applications for housing described in this section in accordance with the requirements for regulations set forth in the provisions of this section until such municipality adopts or amends a regulation in compliance with this section.

(f) A municipality shall not (1) use or impose standards that discourage through unreasonable costs or delays the development of housing described in this section, or (2) condition the approval of such housing on the correction of a nonconforming use, structure or lot.

Sec.

7.

Subsection (k) of section 8-30g of the general statutes is LCO No.

4773 16 of 27 repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):

(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 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.For the purposes of calculating the total number of dwelling units in a municipality, accessory apartments built or permitted after January 1, 2022, but that are not describedin subdivision (4)ofthissubsectionshall not be counted toward such total number.

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 footagefootageofthehouse,(D)hasaninternaldoorwayconnectingtothemain of the house, (D) has an internal doorway connecting to the main 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 LCOamended No.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 per cent to 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.

4773 17 of 27 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) forty per cent of said seventy-five per cent to be leased to persons with incomes equal to or less than sixty per cent of the median income, or (ii) twenty per cent of said seventy-five per cent to be leased to persons with incomes equal to or less than fifty per cent ofthe median income.

8.7.

Such guidelines shall (1) identify common architectural and site design features of building types used throughout this state, (2) create a catalogue of common building types, particularly thosesSB1024 typically/ associatedFile withNo. housing, (3) establish reasonable and cost-effectivedesignreviewstandardsforapprovalofcommonbuilding types, accounting for topography, geology, climate change and infrastructure capacity, (4) establish procedures for expediting the approval of buildings or streets that satisfy such design review standards, whether for zoning or subdivision regulations, and (5) create a design manual for context-appropriate streets that complement common building types.

560 15 sSB1024 File No.

560 those typically associated with housing, (3) establish reasonable and cost-effectivedesignreviewstandardsforapprovalofcommonbuilding types, accounting for topography, geology, climate change and infrastructure capacity, (4) establish procedures for expediting the approval of buildings or streets that satisfy such design review standards, whether for zoning or subdivision regulations, and (5) create a design manual for context-appropriate streets that complement common building types.

LCO(2) No.The Commissioner of Housing, or said commissioner's designee;

4773 18 of 27 (2) The Commissioner of Housing, or said commissioner's designee;

(c) Not later than April 1, 2022, the working group convened pursuant to this section shall submit a report proposing the model design guidelines for both buildings and context-appropriate streets thatsSB1024 such/ groupFile developedNo. to the joint standing committee of the General Assembly having cognizance of matters relating to planning and development, in accordance with section 11-4a of the general statutes.

560 16 sSB1024 File No.

560 that such group developed to the joint standing committee of the General Assembly having cognizance of matters relating to planning and development, in accordance with section 11-4a of the general statutes.

(d) Not later than June 1, 2021, the regional councils of governmentgovernments shall collectively develop and implement an education and training programfordeliveryofsuchmodeldesignguidelinesforbothbuildings and context-appropriate streets.

9.8.

(NEW) (Effective October 1, 2021) (a) (1) (A) Except as provided LCO No.

4773 19 of 27 in subdivision (2) of this subsection, beginning January 1, 2022, and annually thereafter, each member of a zoning, planning or combined planning and zoning commission or a zoning board of appeals who serves on such commission or board for more than six months in a calendar year shall complete not less than six hours of training in Connecticut land use law and general planning principles during such calendar year.

Such training shall consist of (i) not less than one hour concerning process and procedural matters, including the conduct of effective meetings and public hearings and the Freedom of Information Act, as defined in section 1-200 of the general statutes, (ii) not less than one hour concerning the interpretation of site plans, surveys, maps and architectural conventions, (iii) not less than one hour concerning the impactofzoningontheenvironment,agricultureandhistoricresources, and (iv) not less than two hours concerning affordable and fair housing policies.

(B) Beginning January 1, 2022, and annually thereafter, each member of an inland wetlands agency who serves on such agency for more than six months in a calendar year shall complete not less than three hours of training in Connecticut land use law and general planning principles during such calendar year.

Such training shall consist of (i) not less than one hour concerning process and procedural matters, including the conduct of effective meetings and public hearings and the Freedom of Information Act, as defined in section 1-200 of the general statutes, and (ii) not less than one hour concerning the interpretation of site plans, surveys, maps and architectural conventions.

(2) In the case of any member of any such commission, board or agency who is certified by the American Institute of Certified Planners, such member shall be exempt from the training requirements under subdivision (1) of this section.

(b) (1) Except as provided in subdivision (2) of this subsection, not later than January 1, 2022, the Secretary of the Office of Policy and Management shallestablishguidelinesfor suchtraining incollaboration with land use training providers, including, but not limited to, the LCO No.

4773 20 of 27 Connecticut Association of Zoning Enforcement Officials, the Connecticut Conference of Municipalities, the Connecticut Chapter of the American Planning Association, the Connecticut Bar Association, regional councils of governments and other nonprofit or educational institutions that provide land use training.

(2) In the case that said secretary fails to establish such guidelines, such land use training providers may create and administer appropriate training for members of commissions, boards and agencies 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.

(c) Not later than February 1, 2022, and annually thereafter, each municipality inwhichsuchcommission,boardoragency islocatedshall verify the compliance by each member of such commission, board or agency with the requirements of this section in a form and manner prescribed by the Office of Policy and Management.

(d) Any member of a commission, board or agency described in subsection (a) of this section who fails to comply with the provisions of said subsection for the preceding calendar year or portion of such year exceeding six months, whichever is applicable, shall be ineligible to vote on matters that come before such commission, board or agency until such member demonstrates that such member has so complied.

Sec.

10.

(e) (1) The zoning commission shall provide for the manner in which the zoning regulations shall be enforced, except that any person appointed as a zoning enforcement officer on andor after January 1, 2023, shall be certified in accordance with the provisions of subdivision (2) of this subsection.

(2) Beginning January 1, 2023, and annually thereafter, each person appointedasa zoning enforcement officer shallobtaincertification from the Connecticut Association of Zoning Enforcement Officials and LCOmaintain No.such certification for the duration of employment as a zoning enforcement officer.

4773 21 of 27 maintain such certification for the duration of employment as a zoning enforcement officer.

11.9.

(2) "alternative sewage treatment system" means a sewage treatmentsSB1024 system/ servingFile oneNo. 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;

560 17 sSB1024 File No.

560 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;

(6) "decentralized wastewater management district" means areas of a municipality designated by the municipality through a municipal ordinance when an engineering report has determined that the existing subsurface sewage disposal systems may be detrimental to public health or the environment and that decentralized systems are required and such report is approved by the Commissioner of Energy and Environmental Protection with concurring approval by the Commissioner of Public Health, after LCOconsultation No.with the local director of health;

4773 22 of 27 consultation with the local director of health;

(9) "person" means any person, partnership, corporation,limitedliabilitycompany,associationorpublicagency;(10) "remediationsSB1024 standards"/ meansFile pollutantNo. 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;

560 18 sSB1024 File No.

560 "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;

12.10.

[and] (6) areas to be LCOdesignated No.as decentralized wastewater management districts;

4773 23 of 27 designated as decentralized wastewater management districts;

The authority shall file a copy of the plan and any periodic updates of such plan with the Commissioner of Energy and Environmental Protection and the CommissionersSB1024 of/ Housing,File andNo. 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.

560 19 sSB1024 File No.

560 Commissioner of Housing, 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.

13.11.

and (3) LCOprocedures No.for the issuance of permits or approvals by said commissioner, a local director of health, or a sanitarian licensed pursuant to chapter 395.

4773 24 of 27 procedures for the issuance of permits or approvals by said commissioner, a local director of health, or a sanitarian licensed pursuant to chapter 395.

(A) Not be inconsistent with the requirements of the federal Water Pollution Control Act, 33 USC 1251 et seq., the federal Safe Drinking Water Act, 42 USC 300f et seq., and the standards of water quality adopted pursuant to section 22a-426,sSB1024 as/ suchFile lawsNo. and standards may be amended from time to time, (B) not be construed or deemed to be an approval for any other purpose, including, but not limited to, any planning and zoning or municipal inland wetlands and watercourses requirement, and (C) be in lieu of a permit issued under section 22a-430 or 22a-430b.

560 20 sSB1024 File No.

560 22a-426, as such laws and standards may be amended from time to time, (B) not be construed or deemed to be an approval for any other purpose, including, but not limited to, any planning and zoning or municipal inland wetlands and watercourses requirement, and (C) be in lieu of a permit issued under section 22a-430 or 22a-430b.

LCO(c) No.The Commissioner of Energy and Environmental Protection shall retain jurisdiction over any alternative on-site sewage treatment system or subsurface community sewerage system not under the jurisdiction of the Commissioner of Public Health.

4773 25 of 27 (c) The Commissioner of Energy and Environmental Protection shall retain jurisdiction over any alternative on-site sewage treatment system or subsurface community sewerage system not under the jurisdiction of the Commissioner of Public Health.

The provisions of this section shall not affect any permit issued by the Commissioner of Energy and Environmental Protection prior to [July 1, 2007] January 1, 2022, and the provisionssSB1024 of/ titleFile 22aNo. shall continue to apply to any such permit until such permit expires.

560 21 sSB1024 File No.

560 provisions of title 22a shall continue to apply to any such permit until such permit expires.

3 October 1, 2021 8-1bb(j) October 1, 2021 Sec.

4 October 1, 2021 8-2 Sec.

5 October 1, 2021 New section October 1, 2021 Sec.

6 October8-30g(k) 1, 2021 New section Sec.

7 OctoberJuly 1, 2021 8-30g(k)New section Sec.

8 JulyOctober 1, 2021 New8-3(e) section Sec.

9 October 1, 2021 New7-245 section Sec.

10 October 1, 2021 8-3(e)7-246(b) Sec.

11 October 1, 2021 7-24519a-35a Sec.Statement of Legislative Commissioners:

12In OctoberSection 1,4(a)(3), 2021"uses" 7-246(b)was Sec.changed to "[uses] use" for consistency;

13in OctoberSection 1,4(b)(7), 2021"their 19a-35aimpact" Statementwas changed to "[their] the impact of Purpose:such regulations" for clarity;

Toin (1)Section allow7(d), municipalities"councils to require that land use applicants pay the costs of anygovernment" technicalwas reviewchanged of applications, (2) make several changes to the"councils Zoningof Enablinggovernments" Act, (3) establish requirements for zoningconsistency; regulations concerning accessory apartments, mixed-use developments and multifamily housing, (4) convene a working group to develop LCO No.

4773 26 of 27 model design guidelines for buildings and context-appropriatein streets,Section (5)8(e)(1), require"on certain qualifications of certain land use officials, and (6)after" addresswas thechanged jurisdictionto and"on capacitiesor ofafter" certainfor sewageaccuracy. disposal systems.

[ProposedPD deletionsJoint areFavorable enclosedSubst. in brackets.

ProposedsSB1024 additions/ areFile 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.] LCO No.

4773560 2722 ofsSB1024 27File No.

560 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:

Agency Affected Fund-Effect FY 22 $ FY 23 $ Public Health, Dept.

GF - Cost See Below See Below Department of Energy and GF - Potential See Below See Below Environmental Protection Savings Note:

GF=General Fund Municipal Impact:

Municipalities Effect FY 22 $ FY 23 $ Various Municipalities Potential See Below See Below Cost Various Municipalities Potential See Below See Below Savings Explanation The bill makes various zoning regulation changes, shifts jurisdiction of the regulation of certain sewage systems from the Department of Energy and Environmental Protection (DEEP) to the Department of Public Health (DPH), and makes changes to fees charged by municipalities to third parties.

The bill results in a potential savings to municipalities from permitting towns to charge reasonable fees for technical consulting related to the zoning applications.

The bill also results in a potential cost from prohibiting municipalities from setting higher fee schedules for certain zoning appeals.

The bill also results in a potential cost to the DPH and a corresponding savings to DEEP from shifting jurisdiction of certain sSB1024 / File No.

560 23 sSB1024 File No.

560 sewer systems.

DPH may incur additional staffing costs and other expenses from regulating these systems.

ThebillalsorequirestheOfficeofPolicyandManagementtoconvene a working group to establish guidelines for certain building characteristics.

This provision does not result in a fiscal impact.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the number of zoning appeals and the fees recovered for technical consultants.

sSB1024 / File No.

560 24 sSB1024 File No.

560 OLR Bill Analysis sSB 1024 AN ACT CONCERNING ZONING AUTHORITY, CERTAIN DESIGN GUIDELINES, QUALIFICATIONS OF ZONING ENFORCEMENT OFFICERS AND CERTAIN SEWAGE DISPOSAL SYSTEMS.

TABLE OF CONTENTS:

§§ 1, 5 & 6 — 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;

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 § 2 — TECHNICAL CONSULTANT FEES Limits municipal authority to charge 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 to combat discrimination and provide for varied housing opportunities;

requires regulations to be designed to protect historic, tribal, cultural, and environmental resources § 4 — 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 Expands the energy conservation tools and renewable energy types a municipality can require or promote § 4 — CGS § 8-2:

NONCONFORMING USES Allows municipalities to discontinue a nonresidential nonconforming use, building, or structure in a residential zone;

makes it easier for municipalities to establish that a nonconforming use, building, or structure was abandoned sSB1024 / File No.

560 25 sSB1024 File No.

560 § 4 — CGS § 8-2:

REGULATING MOBILE MANUFACTURED HOMES Prohibits regulations from imposing on mobile manufactured homes and associated lots conditions that are substantially different from those imposed on other residential developments § 7 — MODEL DESIGN GUIDELINES WORKING GROUP Requires OPM to convene a working group to develop model guidelines for both buildings and context-appropriate streets that municipalities may adopt § 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 & 11 — ALTERNATIVE ON-SITE AND SUBSURFACE COMMUNITY SEWAGE SYSTEMS Expands DPH’s authority over alternative on-site sewage treatment systems to include those with a daily capacity of up to 7,500 gallons, instead of up to 5,000 gallons;

shifts, from DEEP to DPH, authority over subsurface community sewage systems with a daily capacity of up to 7,500 gallons;

and includes accessory apartments as part of the larger main residence for determining the presence of a community sewage system § 10 — WATER POLLUTION CONTROL PLANS Adds information about sewer system capacity for certain areas to municipal water pollution control plans and requires copies of these plans to be filed with the DOH commissioner in addition to the DEEP commissioner BACKGROUND Information on the Affordable Housing Land Use Appeals Procedure and related bills §§ 1, 5 & 6 — 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;

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 Definitions Under the bill, an “accessory apartment” (also referred to as an accessory dwelling unit or “ADU”) means a separate dwelling unit occupied by a family or a single housekeeping unit that (1) is located on the same lot as a principal dwelling unit of greater square footage;

(2) hascooking facilities;

and(3) complies withor isotherwise 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 sSB1024 / File No.

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560 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.

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.

The bill requires municipalities to amend or adopt ADU zoning regulations by June 1, 2022, and specifies that those that do not must reviewADU permit applicationsinaccordance withthebill’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.

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;

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560 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 private sewerage system is being used, provided approval for any such accessory apartment shall not be unreasonably withheld.

sSB1024 / File No.

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560 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.

The bill does not prevent municipalities from (1) requiring ADUs be owner-occupied or (2) 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 that 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.

EFFECTIVE DATE:

October 1, 2021 § 2 — TECHNICAL CONSULTANT FEES Limits municipal authority to charge higher land use application fees for larger residential projects;

authorizes municipalities to charge technical consultant fees sSB1024 / File No.

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560 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 charging more for residential buildings with more than four units, including higher fees per unit, by 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 zoning powers under the statutes (as opposed to a special act).

Among these, the bill authorizes municipalities, through their zoning regulations, to regulate the height, size, location, brightness, and illuminationofanysignorbillboard,notonlyadvertisingsignsasunder current law.

(This comports with case law holding that (1) “advertising sSB1024 / File No.

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560 signs” means commercial and noncommercial signs aimed at the sale of goods, promulgationofdoctrine or idea,securing attendance, or thelike and (2) content-based regulation may raise First Amendment concerns.) Additionally, thebillspecifiesthat whenamunicipality iscontiguous 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 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 to combat discrimination and provide for varied housing opportunities;

requires regulations to be designed to protect historic, tribal, cultural, and environmental resources Required Goals sSB1024 / File No.

560 31 sSB1024 File No.

560 The bill eliminates the requirement that zoning regulations be designed to provide adequate light and air, prevent the overcrowding of land, and avoid undue 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, including the impact on housing affordability;

3.

combat discrimination and take other meaningful actions that overcome patterns of segregation and address significant disparities in housing needs and access to educational, occupational, and other opportunities;

and 4.

provide for clear processes for, and efficient review of, development proposals.

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 and architectural context 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 sSB1024 / File No.

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560 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 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 — 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 the Public Health Code, or 3.

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.

sSB1024 / File No.

560 33 sSB1024 File No.

560 The bill also prohibits regulations from 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, 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 units.) 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.

EFFECTIVE DATE:

October 1, 2021 § 4 — CGS § 8-2:

OPTIONS FOR PROMOTING CONSERVATION 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 § 4 — CGS § 8-2:

NONCONFORMING USES Allows municipalities to discontinue a nonresidential nonconforming use, building, or structure in a residential zone;

makes it easier for municipalities to establish that a nonconforming use, building, or structure was abandoned A nonconforming use is a property use that legally exists at the time sSB1024 / File No.

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560 a zoning restriction prohibiting or limiting it is adopted (e.g., a business inanarealaterzonedforsingle-familyhousing).Thetermalsogenerally applies to lots and structures that do not comply with zoning regulations (e.g., setbacks;

see also CGS § 8-13a).

Under existing law, unchanged by the bill, municipalities can prohibit the expansion of a nonconforming use, building, or structure.

Current law prohibits municipalities from discontinuing a nonconforming use, building, or structure that was already in existence when a zoning restriction that prohibited or limited it was adopted unless the property owner voluntarily discontinues and abandons it with the intention of not reestablishing it.

Establishing Abandonment Current law specifies that demolition or deconstruction alone are insufficient to establish intent to abandon.

The bill narrows this rule, applying it only to residentialuses,buildings, and structures.Therefore, under the bill, regulations may specify that demolition or deconstruction alone serves as evidence of intent to abandon a nonresidential nonconforming use, building, or structure.

Under current law, regulations cannot specify any time period after which a nonconforming use that is not being used is terminated unless there is an inquiry into the owner’s intent.

The bill relaxes this standard and instead specifies that regulations cannot terminate a nonconforming use solely as a result of nonuse for a period of less than five years.

(It appears that this provision allows regulations to deem an unused, nonconforming use abandoned after a period of five years without an inquiry into the owner’s intent.) Amortization Under current law, absent voluntary discontinuance and intentional permanent abandonment, zoning regulations cannot phase out or terminate a nonconforming use.

The bill authorizes municipalities to adopt regulations discontinuing a nonresidential nonconforming use, building, or structure located in a residential zone after a “reasonable” sSB1024 / File No.

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560 amount of time.

Specifically, the zoning commission (or presumably combined planning and zoning commission) must:

1.

declare that a nonresidential nonconforming use, building, or structure is (a) inconsistent with the local plan of conservation and development or (b) a public nuisance and 2.

specify a reasonable time for the termination of such nonconforming use, building, or structure (i.e., amortization period).

The bill requires the commission, before making the declaration, to provide the property owner with (1) notice of a duly presented cease and desist order and (2) a public hearing on it.

EFFECTIVE DATE:

October 1, 2021 § 4 — CGS § 8-2:

REGULATING MOBILE MANUFACTURED HOMES 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 sSB1024 / File No.

560 36 sSB1024 File No.

560 § 7 — MODEL DESIGN GUIDELINES WORKING GROUP Requires OPM to convene a working group to develop model guidelines for both buildings and context-appropriate streets that municipalities may adopt The bill requires the Office of Policy and Management (OPM) secretary or her designee to convene and chair an 11-member working group to develop model 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.

Required Components The model guidelines must accomplish the following:

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 complement common building types.

Reporting, Publication, and Training Requirement By April 1, 2022, the working group must submit a report to the Planning and Development Committee proposing its model design guidelines.

OPM must, by that date, post the guidelines and any necessary revisions on its website for use and adoption by municipalities.

The bill requires the regional councils of governments (COGs), by sSB1024 / File No.

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560 June 1, 2021, to collectively develop and implement an education and training program for delivering the model design guidelines for both buildings and context-appropriate streets.

COGs will not be able to comply with this deadline because it occurs before the bill takes effect.

COGs must report on their education and training programs in their annual report to the legislature required under the regional services grant program law.

Membership The OPM secretary, in consultation with the housing commissioner, must appoint the following working group members by August 30, 2021:

1.

two with expertise in fair housing issues or affordable housing advocacy;

2.

two with expertise in state, regional, or local planning;

3.

one representative of the Connecticut Conference of Municipalities;

4.

two with expertise in architecture or design;

5.

one with expertise in the housing construction trade;

and 6.

the housing and transportation commissioners and OPM secretary, or their designees.

EFFECTIVE DATE:

July 1, 2021 § 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 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 employeesand tonewly appointedZEOsworking inmunicipalitiesthat exercise zoning authority under the statutes.

The bill requires ZEOs to sSB1024 / File No.

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560 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 & 11 — ALTERNATIVE ON-SITE AND SUBSURFACE COMMUNITY SEWAGE SYSTEMS Expands DPH’s authority over alternative on-site sewage treatment systems to include those with a daily capacity of up to 7,500 gallons, instead of up to 5,000 gallons;

shifts, from DEEP to DPH, authority over subsurface community sewage systems with a daily capacity of up to 7,500 gallons;

and includes accessory apartments as part of the larger main residence for determining the presence of a community sewage system Starting by January 1, 2022, the bill (1) expands the Department of Public Health’s (DPH’s) authority over alternative on-site sewage treatment systems to include most of those with a daily capacity of up to 7,500 gallons, instead of up to 5,000 gallons as under current law;

(2) eliminates the caveat that DPH have this authority within available appropriations;

and (3) shifts, from the Department of Energy and Environmental Protection (DEEP) to DPH, authority over subsurface community sewage systems with a daily capacity of up to 7,500 gallons.

The bill does so by requiring the DPH commissioner to adopt regulations effectuating the changes.

She must establish and define discharge categories that comprise these systems and establish minimum requirements for them, including procedures for issuing a permit or approval for a system by the commissioner, a local health sSB1024 / File No.

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560 director, or a licensed sanitarian.

By law, an alternative on-site sewage treatment system consists of a sewage treatment system that uses a treatment method other than a subsurface sewage disposal system and involves a discharge to groundwater.

For purposes of the bill, a subsurface community sewage system is a community sewer system involving a domestic sewage discharge to groundwater.

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, for purposes of this definition, an accessory apartment is part of the larger principal dwelling unit located on the same lot (see “accessory apartment,” above).

Under existing law, DEEP has jurisdiction over sewage systems not under DPH’s jurisdiction.

The bill specifies that it does not affect DEEP permits for alternative on-site sewage treatment systems or subsurface community sewage systems issued before January 1, 2022, and applicable environmental laws continue to apply to the permits until they expire.

Alternative On-Site Sewage Systems Under current law, DPH has regulatory authority over alternative on-site sewage treatment systems with daily capacities of up to 5,000 gallons.

It requires the DPH commissioner to establish and define categories of discharge that constitute these systems (through regulations) and take related actions, but within available appropriations.

(To date, no such regulations have been adopted, and DEEP remains responsible for permitting all of these systems.) The bill (1) increases this threshold, and therefore the capacity of facilities under DPH’s authority, to 7,500 gallons, and (2) eliminates the caveat that DPH effectuate the shift of authority from DEEP to DPH within available appropriations, therefore requiring the DPH commissioner, by January 1, 2022, to establish discharge categories and sSB1024 / File No.

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560 minimum standards for the treatment systems under DPH’s authority.

The bill also makes a conforming change to a related statutory definition (§ 9).

EFFECTIVE DATE:

October 1, 2021 § 10 — WATER POLLUTION CONTROL PLANS Adds information about sewer system capacity for certain areas to municipal water pollution control plans and requires copies of these plans to be filed with the DOH commissioner in addition to the DEEP commissioner The bill requires municipal water pollution control authorities (WPCAs) to include in the water pollution control plans they create the specific capacity allocations to serve developable areas for residential or mixed-use buildings with at least four dwelling units.

By law, these plansdelineate areassuchasthose(1)servedby themunicipalsewerage system, (2) where sewerage facilities are planned, and (3) where sewers shouldbeavoided.Theplansalsodescribemunicipalprogramstoavoid pollution problems and manage subsurface sewage disposal.

The bill also requires copies of WPCA plans, and any periodic updates to them, to be filed with DOH in addition to DEEP as the law already requires.

EFFECTIVE DATE:

October 1, 2021 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 sSB1024 / File No.

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560 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, favorably reported by the Planning and Development Committee, also 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.

sHB 6107, favorably reported by the Planning and Development Committee, makes many ofthe same technical and minor changes to the Zoning Enabling Act, but it also requires municipalities to demonstrate that their regulations provide varied housing development opportunities and promote housing choice and economic diversity in housing.

COMMITTEE ACTION Planning and Development Committee Joint Favorable Substitute Yea 17 Nay 9 (03/31/2021) sSB1024 / File No.

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