Bill Text: CT SB00892 | 2015 | General Assembly | Comm Sub

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Bill Title: An Act Concerning Housing Developments Within Incentive Housing Zones.

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2015-05-07 - House Calendar Number 513 [SB00892 Detail]

Download: Connecticut-2015-SB00892-Comm_Sub.html

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General Assembly		Raised Bill No. 892
January Session, 2015		LCO No. 3034
		*_____SB00892PD____041415____*
Referred to Committee on HOUSING
Introduced by:
(HSG)

AN ACT CONCERNING HOUSING DEVELOPMENTS WITHIN INCENTIVE HOUSING ZONES.

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

Section 1. Subdivision (2) of section 8-13m of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(2) "Building permit payment" means the one-time payment, made pursuant to section 8-13s, as amended by this act, for each qualified [housing unit located within an] incentive housing development for which a building permit has been issued by the municipality.

Sec. 2. Subsection (b) of section 8-13n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(b) An incentive housing zone shall satisfy the following requirements:

(1) The zone shall be consistent with the state plan of conservation and development and be located in an eligible location.

(2) The regulations of the zone shall permit, as of right, incentive housing development.

(3) The minimum allowable density for incentive housing development, per acre of developable land, shall be: (A) Six units per acre for single-family detached housing; (B) ten units per acre for duplex or townhouse housing; and (C) twenty units per acre for multifamily housing, [provided that a municipality whose population as determined by the most recent federal decennial census is less than five thousand, when] except that the commissioner may waive any requirement under this subdivision and subdivision (4) of this subsection upon the request of a municipality that is applying to the commissioner for a letter of eligibility under section 8-13q. [, may request approval of minimum as of right densities of not less than four units per acre for single-family detached housing, not less than six units per acre for duplex or townhouse housing, and not less than ten units per acre for multifamily housing.] In making such request, the municipality shall [provide the Commissioner of Housing with] (i) provide the commissioner with evidence of sewage disposal, water supply, traffic safety or other existing, substantial infrastructure limitations that prevent adoption of the minimum densities set forth in this subdivision, or (ii) demonstrate that the land to be zoned for the incentive housing development is owned or controlled by the municipality or an agency thereof, or a land trust, housing trust fund or nonprofit housing agency or corporation. If the proposed incentive housing zone otherwise satisfies the requirements of this section, the commissioner may issue the requested letter of eligibility. [A municipality may request a waiver of the density requirements of this subdivision and the commissioner may grant a waiver if the municipality demonstrates in the application that the land to be zoned for incentive housing development is owned or controlled by the municipality itself, an agency thereof, or a land trust, housing trust fund or a nonprofit housing agency or corporation. The proposed incentive housing zone regulation shall require, in an enforceable manner, that one hundred per cent of the proposed residential units will be subject to an incentive housing restriction, and the proposed incentive housing zone will otherwise satisfy the requirements of this section.]

(4) In order to qualify for financial incentive payments set forth in section 8-13s, as amended by this act, the regulations of an incentive housing zone concerning the minimum as of right densities set forth in subdivision (3) of this subsection shall constitute an increase of at least twenty-five per cent above the density allowed by the underlying zone, notwithstanding the provisions of said section 8-13s with regard to zone adoption and building permit payments, except that the commissioner may waive any requirement under this subdivision if the municipality submits evidence set forth in subdivision (3) of this subsection.

(5) The minimum densities prescribed in subdivision (3) of this subsection shall be subject only to site plan or subdivision procedures, submission requirements and approval standards of the municipality, and shall not be subject to special permit or special exception procedures, requirements or standards.

(6) An incentive housing zone may consist of one or more subzones, provided each subzone and the zone as a whole comply with the requirements of sections 8-13m to 8-13x, inclusive, as amended by this act.

(7) The land area of an incentive housing zone shall not exceed ten per cent of the total land area in the municipality. The aggregate land area of all incentive housing zones and subzones in a municipality shall not exceed twenty-five per cent of the total land area in the municipality.

Sec. 3. Subsection (b) of section 8-13s of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(b) Subject to the availability of funds, the commissioner shall issue to the municipality a one-time building permit payment for each building permit for [a residential housing unit in] an approved incentive housing development upon submission by a municipality to the commissioner of proof of issuance of such building permit and after determining that (1) no appeal from or challenge to such building permit has been filed or is pending, and (2) such building permit was issued for housing in an incentive housing development not later than five years after the date of the final adoption of incentive housing zone regulations by the zoning commission in accordance with the provisions of subsection (b) of section 8-13q. The amount of payment shall be up to [two thousand] one hundred fifty thousand dollars for each multifamily, [housing unit, duplex unit or townhouse unit and up to five thousand dollars for each single-family detached unit] duplex, townhouse or single-family housing development, provided such payments shall be used for infrastructure related to the proposed development within the approved incentive housing zone. Such payment shall be made by the commissioner after receipt of proof of the issuance of building permits and verification of the absence of any appeal or challenge.

Sec. 4. Section 8-13x of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

Within available appropriations, the Commissioner of Housing may make grants to municipalities, nonprofit housing assistance organizations or nonprofit housing development organizations in order to support technical assistance planning, predevelopment, development, construction and management of housing developments within approved incentive housing zones. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2015	8-13m(2)
Sec. 2	October 1, 2015	8-13n(b)
Sec. 3	October 1, 2015	8-13s(b)
Sec. 4	October 1, 2015	8-13x

HSG	Joint Favorable
PD	Joint Favorable