Substitute House Bill No. 6944
Substitute House Bill No. 6944
PUBLIC ACT NO. 97-296
AN ACT CONCERNING THE REGULATION OF WATER SUPPLY
WELLS AND SPRINGS AND THE LEGAL STATUS OF CERTAIN
NONCONFORMING LAND USES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 19a-37 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Public Health may
adopt regulations in the Public Health Code for
the preservation of the public health pertaining
to (1) protection and location of new water supply
wells or springs for residential construction or
for public or semipublic use, and (2) inspection
for compliance with the provisions of municipal
regulations adopted pursuant to section 22a-354p.
(b) The Commissioner of Public Health shall
adopt regulations, in accordance with chapter 54,
for the testing of water quality in private
residential wells. Any laboratory or firm which
conducts a water quality test on a private well
serving a residential property, within thirty days
of the completion of such test, shall report the
results of such test to the public health
authority of the municipality where the property
is located provided such report shall not be
required if the party for whom the laboratory or
firm conducted such test informs the laboratory or
firm that the test was not conducted within six
months of the sale of such property. NO REGULATION
MAY REQUIRE SUCH A TEST TO BE CONDUCTED AS A
CONSEQUENCE OR A CONDITION OF THE SALE, EXCHANGE,
TRANSFER, PURCHASE OR RENTAL OF THE REAL PROPERTY
ON WHICH THE PRIVATE RESIDENTIAL WELL IS LOCATED.
(c) NO REGULATION MAY REQUIRE THAT A
CERTIFICATE OF OCCUPANCY FOR A DWELLING UNIT ON
SUCH RESIDENTIAL PROPERTY BE WITHHELD OR REVOKED
ON THE BASIS OF A WATER QUALITY TEST PERFORMED ON
A PRIVATE RESIDENTIAL WELL PURSUANT TO THIS
SECTION, UNLESS SUCH TEST RESULTS INDICATE THAT
ANY MAXIMUM CONTAMINANT LEVEL APPLICABLE TO PUBLIC
WATER SUPPLY SYSTEMS FOR ANY CONTAMINANT LISTED IN
THE PUBLIC HEALTH CODE HAS BEEN EXCEEDED. NO
ADMINISTRATIVE AGENCY, HEALTH DISTRICT OR
MUNICIPAL HEALTH OFFICER MAY WITHHOLD OR CAUSE TO
BE WITHHELD SUCH A CERTIFICATE OF OCCUPANCY EXCEPT
AS PROVIDED IN THIS SECTION.
(d) NO REGULATION MAY REQUIRE THE WATER IN
PRIVATE RESIDENTIAL WELLS TO BE TESTED FOR
ALACHLOR, ATRAZINE, DICAMBA, ETHYLENE DIBROMIDE
(EDB), METOLACHLOR, SIMAZINE OR 2,4-D OR ANY OTHER
HERBICIDE OR INSECTICIDE UNLESS (1) RESULTS FROM A
PRIOR WATER TEST INDICATE A NITRATE CONCENTRATION
AT OR GREATER THAN TEN MILLIGRAMS PER LITER AND
(2) THE LOCAL DIRECTOR OF HEALTH HAS REASONABLE
GROUNDS TO SUSPECT SUCH CHEMICAL OR CHEMICALS ARE
PRESENT IN SAID RESIDENTIAL WELL. FOR THE PURPOSES
OF THIS SUBSECTION, "REASONABLE GROUNDS" INCLUDES,
BUT IS NOT LIMITED TO, THE PROXIMITY OF THE
PARTICULAR WATER SUPPLY SYSTEM TO PAST OR PRESENT
AGRICULTURAL USES OF LAND.
(e) ANY OWNER OF A RESIDENTIAL CONSTRUCTION ON
WHICH A PRIVATE RESIDENTIAL WELL IS LOCATED OR ANY
GENERAL CONTRACTOR OF A NEW RESIDENTIAL
CONSTRUCTION ON WHICH A PRIVATE RESIDENTIAL WELL
IS LOCATED MAY COLLECT SAMPLES OF WELL WATER FOR
SUBMISSION TO A LABORATORY OR FIRM FOR THE
PURPOSES OF TESTING WATER QUALITY PURSUANT TO THIS
SECTION, PROVIDED SUCH LABORATORY OR FIRM FINDS
SAID OWNER OR GENERAL CONTRACTOR TO BE QUALIFIED
TO COLLECT SUCH SAMPLE. NO REGULATION MAY PROHIBIT
OR IMPEDE SUCH COLLECTION OR ANALYSIS.
(f) NO REGULATION MAY REQUIRE THE WATER IN
PRIVATE RESIDENTIAL WELLS TO BE TESTED FOR ORGANIC
CHEMICALS UNLESS THE LOCAL DIRECTOR OF HEALTH HAS
REASONABLE GROUNDS TO SUSPECT SUCH ORGANIC
CHEMICALS ARE PRESENT IN SAID RESIDENTIAL WELL.
FOR PURPOSES OF THIS SUBSECTION, "REASONABLE
GROUNDS" MEANS ANY INDICATION, DERIVED FROM A
PHASE I ENVIRONMENTAL SITE ASSESSMENT OR
OTHERWISE, THAT THE PARTICULAR WATER SUPPLY SYSTEM
THAT IS TO BE TESTED EXISTS ON LAND OR IN
PROXIMITY TO LAND ASSOCIATED WITH THE PAST OR
PRESENT PRODUCTION, STORAGE, USE OR DISPOSAL OF
ORGANIC CHEMICALS.
(g) THE AMENDMENTS TO SECTIONS 19-13-B51l AND
19-13-B101 OF THE REGULATIONS OF CONNECTICUT STATE
AGENCIES THAT BECAME EFFECTIVE DECEMBER 30, 1996,
SHALL BE WAIVED FOR THOSE RESIDENTIAL WELLS WHICH
WERE NOT TESTED IN ACCORDANCE WITH SAID AMENDMENTS
BETWEEN DECEMBER 30, 1996, AND THE EFFECTIVE DATE
OF THIS ACT.
Sec. 2. Section 8-2 of the general statutes is
repealed and the following is substituted in lieu
thereof:
(a) The zoning commission of each city, town
or borough is authorized to regulate, within the
limits of such municipality, the height, number of
stories and size of buildings and other
structures; the percentage of the area of the lot
that may be occupied; the size of yards, courts
and other open spaces; the density of population
and the location and use of buildings, structures
and land for trade, industry, residence or other
purposes, including water-dependent uses as
defined in section 22a-93, and the height, size
and location of advertising signs and billboards.
Such bulk regulations may allow for cluster
development as defined in section 8-18. Such
zoning commission may divide the municipality into
districts of such number, shape and area as may be
best suited to carry out the purposes of this
chapter; and, within such districts, it may
regulate the erection, construction,
reconstruction, alteration or use of buildings or
structures and the use of land. All such
regulations shall be uniform for each class or
kind of buildings, structures or use of land
throughout each district, but the regulations in
one district may differ from those in another
district, and may provide that certain classes or
kinds of buildings, structures or uses of land are
permitted only after obtaining a special permit or
special exception from a zoning commission,
planning commission, combined planning and zoning
commission or zoning board of appeals, whichever
commission or board the regulations may,
notwithstanding any special act to the contrary,
designate, subject to standards set forth in the
regulations and to conditions necessary to protect
the public health, safety, convenience and
property values. Such regulations shall be made in
accordance with a comprehensive plan and in
adopting such regulations the commission shall
consider the plan of conservation and development
prepared under section 8-23. Such regulations
shall be designed to lessen congestion in the
streets; to secure safety from fire, panic, flood
and other dangers; to promote health and the
general welfare; to provide adequate light and
air; to prevent the overcrowding of land; to avoid
undue concentration of population and to
facilitate the adequate provision for
transportation, water, sewerage, schools, parks
and other public requirements. Such regulations
shall be made with reasonable consideration as to
the character 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
municipality. Such regulations may, to the 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 encourage the development
of housing opportunities, including opportunities
for multifamily dwellings, consistent with soil
types, terrain and infrastructure capacity, for
all residents of the municipality and the planning
region in which the municipality is located, as
designated by the Secretary of the Office of
Policy and Management under section 16a-4a. Such
regulations shall also promote housing choice and
economic diversity in housing, including housing
for both low and moderate income households, and
shall encourage the development of housing which
will meet the housing needs identified in the
housing plan 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 made with reasonable
consideration for their impact on agriculture.
Zoning regulations may be made with reasonable
consideration for the protection of historic
factors and shall be made with reasonable
consideration for the protection of existing and
potential public surface and ground drinking water
supplies. On and after July 1, 1985, the
regulations shall provide that proper provision be
made for soil erosion and sediment control
pursuant to section 22a-329. Such regulations may
also encourage energy-efficient patterns of
development, the use of solar and other renewable
forms of energy, and energy conservation. The
regulations may also 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. The incentives may
include, but not be limited to, cluster
development, higher density development and
performance standards for roads, sidewalks and
underground facilities in the subdivision. Such
regulations may provide for a municipal system for
the creation of development rights and the
permanent transfer of such development rights,
which may include a system for the variance of
density limits in connection with any such
transfer. Such regulations may also provide for
notice requirements in addition to those required
by this chapter. SUCH REGULATIONS MAY PROVIDE FOR
CONDITIONS ON OPERATIONS TO COLLECT SPRING WATER
OR WELL WATER, AS DEFINED IN SECTION 21a-150,
INCLUDING THE TIME, PLACE AND MANNER OF SUCH
OPERATIONS. No such regulations shall prohibit the
operation of any family day care home or group day
care home in a residential zone. Such regulations
shall not impose conditions and requirements on
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 are
substantially different from conditions and
requirements imposed on single-family dwellings
and lots containing single-family dwellings. Such
regulations shall not impose conditions and
requirements on developments to be occupied by
manufactured homes having as their narrowest
dimension twenty-two feet or more and built in
accordance with federal manufactured home
construction and safety standards which are
substantially different from conditions and
requirements imposed on multifamily dwellings,
lots containing multifamily dwellings, cluster
developments or planned unit developments. Such
regulations shall not prohibit the continuance of
any nonconforming use, building or structure
existing at the time of the adoption of such
regulations. Such regulations shall not provide
for the termination of any 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. Any city,
town or borough which adopts the provisions of
this chapter may, by vote of its legislative body,
exempt municipal property from the regulations
prescribed by the zoning commission of such city,
town or borough; but unless it is so voted
municipal property shall be subject to such
regulations.
(b) In any municipality that is contiguous to
Long Island Sound the regulations adopted under
this section shall be made with reasonable
consideration for restoration and protection of
the ecosystem and habitat of Long Island Sound and
shall be designed to reduce hypoxia, pathogens,
toxic contaminants and floatable debris in Long
Island Sound. Such regulations shall provide that
the commission consider the environmental impact
on Long Island Sound of any proposal for
development.
(c) In any municipality where a traprock
ridge, as defined in section 8-1aa, is located the
regulations may provide for development
restrictions in ridgeline setback areas, as
defined in said section. The regulations may
restrict quarrying and clear cutting, except that
the following operations and uses shall be
permitted in ridgeline setback areas, as of right:
(1) Emergency work necessary to protect life and
property; (2) any nonconforming uses that were in
existence and that were approved on or before the
effective date of regulations adopted under this
section; and (3) selective timbering, grazing of
domesticated animals and passive recreation.
Sec. 3. Section 8-13a of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) When a building is so situated on a lot
that it violates a zoning regulation of a
municipality which prescribes the location of such
a building in relation to the boundaries of the
lot or when a building is situated on a lot that
violates a zoning regulation of a municipality
which prescribes the minimum area of the lot, and
when such building has been so situated for three
years without the institution of an action to
enforce such regulation, such building shall be
deemed a nonconforming building in relation to
such boundaries or to the area of such lot, as the
case may be.
(b) WHEN A USE OF LAND OR BUILDING (1) IS ON A
PARCEL THAT IS FIFTEEN OR MORE ACRES, (2) IS
INCLUDED IN INDUSTRY NUMBERS 1795, 2951, 3272 OR
4953 OF THE STANDARD INDUSTRIAL CLASSIFICATION
MANUAL, UNITED STATES OFFICE OF MANAGEMENT AND
BUDGET, 1987 EDITION, (3) IS NOT PERMITTED BY THE
ZONING REGULATIONS OF A MUNICIPALITY, (4) HAS BEEN
ESTABLISHED AND CONTINUED IN REASONABLE RELIANCE
ON THE ACTIONS OF THE MUNICIPALITY, AND (5) HAS
BEEN IN EXISTENCE FOR TWENTY YEARS PRIOR TO THE
EFFECTIVE DATE OF THIS ACT WITHOUT THE INSTITUTION
OF COURT ACTION TO ENFORCE THE REGULATIONS
REGARDING THE USE, SUCH USE SHALL BE DEEMED A
LEGALLY EXISTING NONCONFORMING USE AND MAY BE
CONTINUED. NOTHING IN THIS SUBSECTION SHALL BE
CONSTRUED TO EXEMPT SUCH USE FROM THE REQUIREMENTS
OF THE GENERAL STATUTES OR OF ANY OTHER MUNICIPAL
ORDINANCE.
Sec. 4. This act shall take effect from its
passage.
Approved July 8, 1997