Zoning Bill Clarity

mccv
May 24, 2021
With just a few weeks left in session, the pace continues to pick up here in Hartford. When the session began in January, approximately 3,000 bills were proposed, introduced by every legislator in the General Assembly, 151 in the House and 36 in the Senate. Some bills were heard in committee, not making it through that process and others continued on or “stayed alive” as we say here in the building. At this point, approximately 300 bills remain on the calendar for potential passage. With the session adjourning June 9th, it is clear not all of those bills will make it across the finish line.

Last week, two bills I have been working on passed through the House and now move to the Senate for final passage.

The Planning and Development Committee, which I co-chair, considered multiple proposals designed to address our state’s demonstrated inequality of opportunity that is disproportionately impacting people of color and our poorest residents. The final outcome of the zoning bills considered this session, HB 6107 AN ACT CONCERNING THE REORGANIZATION OF THE ZONING ENABLING ACT AND THE PROMOTION OF MUNICIPAL COMPLIANCE, includes zoning reforms that give local communities, local zoning boards and locally hired planning professionals the ability and encouragement to more effectively drive the inevitable change our communities are facing. The attached video includes both my opening and closing comments, as well as those of Majority Leader, Rep. Jason Rojas, and fellow Planning and Development Committee member, Rep. Andre Baker.
 
For 100 years, the Connecticut state law that governs zoning, statute 8-2, has outlined what our municipalities must do, may do, and may not do as we create local zoning regulations. The bill’s provisions, which you can find fully detailed via the nonpartisan Office of Legislative Research’s Bill Analysis are partially outlined below:
  • Allows Accessory Apartments (often known as in-law suites) on lots with single family homes, unless a municipality chooses to opt out of the provision.
  • Authorizes municipalities to charge technical consultant fees for evaluation of development projects and limits their ability to charge more for projects that are affordable housing developments.
  • Requires municipal Zoning Enforcement Officers to receive and maintain certification.
  • Allows Water Pollution Control Authorities to add information about sewer system capacity in certain areas to municipal WPCA plans.
  • Requires communities to submit to the state’s Office of Policy and Management by June 1, 2022 the Affordable Housing Plan required by 8-30j.
  • Requires member of local land use boards to receive 4 hours of training biennially.
  • Reorganizes aspect of the 8-2 statute, known as the Zoning Enabling Statute. 8-2 applies to municipalities which exercise zoning powers under the statutes. Fairfield is one of the communities that does so, as are most CT towns. Some of our older communities are governed by a Special Act process and two communities in our state do not have any zoning.
  • Allows communities to expand the renewable energy and conservation provisions that can be required or promoted for development.
  • Removes the use of the word “Character” and 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.
  • Specifies that a community may regulate to explicitly protect the state’s historic, tribal, cultural, and environmental resources.
  • Confirms that 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.) This codifies court rulings.
  • 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. This is a municipal option.
  • Requires regulations consider the impact of permitted land uses on contiguous municipalities and the planning region; address significant disparities in housing needs and access to educational, occupational, and other opportunities; affirmatively further the purposes of the federal Fair Housing Act; and promote efficient review of proposals and applications.
  • Allows “cottage food” operations  in residential zones – what some might refer to as home bakers.
  • 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. Opt-out provisions are outlined in the statute.
  • Establishes a Commission on Connecticut's Development and Future to evaluate policies related to land use, conservation, housing affordability, and infrastructure.

The bill, an amendment of the 8-2 zoning statutes, does not address, other than a clarification related to accessory apartments, the 8-30g statute, which is principally the purview of the Housing Committee. Housing policy is impacted by zoning policy, and this is primarily a planning / zoning bill.
HB 5429 AN ACT CONCERNING PEDESTRIAN SAFETY, passed the House unanimously. This bill is one that many Fairfielders, particularly residents of the Stratfield neighborhood, came out to support. Thanks to Sarah Roy and Bill Pollock, our local Bike and Pedestrian Committee leaders, Stratfield Village Association member Dylan O’Connor, Stratfield Rd. resident Kevin Starke, McKinley parent Jennifer Barahona, environmental advocate Shawn O’Sullivan, so many past and current members of our Bike and Pedestrian Committee, and Town Engineer Bill Hurley for testifying before the committee. Sarah Roy, in particular, has led the charge to allow Fairfield to lower the speed limit on Wilson Street.

The bill puts many pedestrian and bicycle safety provisions into effect, something I have been working on since first elected locally. The bill passed the House 6 years to the day that I had ridden my bicycle to Hartford during my first term in support of bike safety legislation. Here’s what the bill does:
  • Requires a motor vehicle to stop at a cross walk if a pedestrian is at the curb or is indicating an intent to walk. Existing law subjects drivers who fail to yield to a $500 fine.
  • Establishes a Vision Zero Council, a statewide group with the goal of eliminating all transportation related fatalities and severe injuries.
  • Prohibits what is know as “Dooring” – opening your car door without regards to the safety of those traveling at a reasonable speed in the roadway. Aimed particularly at protecting bicyclists who are riding past parked vehicles, this is an important reminder to act with caution when we are opening our doors adjacent to a roadway.
  • Increases the surcharge retained by municipalities for certain motor vehicle violations.
  • Allows local traffic authorities, in our case the Fairfield Police Commission, the ability to establish speed limits on local roads without state approval.
  • And allows the state to establish designated Pedestrian Safety Zones.

Some of my first work on bills when I joined the legislature in 2015 was on bicycle and pedestrian safety and I have learned from and partnered with our Transportation Committee Chair, Rep. Roland Lemar in the years since. I am grateful for his leadership in helping to pass this important legislation which will help protect vulnerable users. As the summer approaches with more and more people out for a walk, a jog, or a bike ride, I encourage all of us to be vigilant and protective of our vulnerable users. And thanks again for the tremendous Fairfield response in helping to support this year’s bill.