Sec. 8-13q. Preliminary determination of eligibility for financial incentive payments. Letter of final approval of incentive housing zone.
Sec. 8-13q. Preliminary determination of eligibility for financial incentive
payments. Letter of final approval of incentive housing zone. (a) Upon application
by a municipality under section 8-13p, the Secretary of the Office of Policy and Management shall, not later than sixty days after receipt, issue, in writing, a preliminary determination of the eligibility of the municipality for the financial incentive payments set forth
in section 8-13s. At least thirty days before making such preliminary determination, the
secretary shall electronically give notice of the application to all persons who have
provided the secretary with a current electronic mail address and a written request to
receive such notices. If the secretary determines that the application is incomplete or the
proposed incentive housing zone is not eligible or does not comply with the provisions of
sections 8-13m to 8-13x, inclusive, the secretary shall, within the sixty-day response
period, notify the municipality, in writing, of the reasons for such determination. A
municipality may thereafter reapply for approval after addressing the reasons for ineligibility. The secretary's failure to issue a written response within sixty days of receipt
shall be deemed to be disapproval, after which the municipality may reapply.
(b) After a municipality has received from the secretary a preliminary letter of eligibility, the zoning commission of the municipality may adopt the incentive housing zone
regulations and design standards as proposed to the secretary for preliminary approval.
Not later than thirty days after receipt from the municipality of a written statement that
its zoning commission has adopted the proposed regulations and standards, the secretary
shall issue a letter of final approval of the incentive housing zone. The secretary's failure
to issue a letter of final approval not more than thirty days after receipt of the written
statement shall be deemed disapproval of the zone after which the municipality may
reapply for determination of eligibility under this section.
(c) The secretary shall not approve any proposed incentive housing zone for which
the proposed regulations or design standards have the intent or effect of discriminating
against, making unavailable, denying or impairing the physical or financial feasibility of
housing which is receiving or will receive financial assistance under any governmental
program for the construction or substantial rehabilitation of low or moderate income
housing, or any housing occupied by persons receiving rental assistance under chapter
319uu or Section 1437f of Title 42 of the United States Code.
(d) Any amendment to the regulations or design standards approved by the secretary
for preliminary or final eligibility shall be submitted to the secretary for approval as set
forth in this section. The secretary shall approve or disapprove such amendment not
more than sixty days after receipt of the amendment. If the secretary fails to approve or
disapprove such amendment within such period, the amendment shall be deemed to be
disapproved. Thereafter, the commission may reapply for approval of the amendment.
(June Sp. Sess. P.A. 07-4, S. 42.)
History: June Sp. Sess. P.A. 07-4 effective July 1, 2007.