Conn. Gen. Stat. § 7-159g: Legislative body or board of selectmen responsibilities re establishment of resiliency improvement district. Master plan. Public hearing. Conditions for district.

Prior to the establishment of a resiliency improvement district and approval of a district master plan for such district, the legislative body of the municipality, or the board of selectmen in the case of a municipality in which the legislative body is a town meeting, shall:

(1) Consider whether the proposed resiliency improvement district and district master plan will contribute to the well-being of the municipality or to the betterment of the health, welfare or safety of the inhabitants of the municipality;

(2) Transmit the proposed district master plan to the planning commission of the municipality, if any, requesting a study of the proposed district master plan and a written advisory opinion, which shall include a determination on whether the proposed plan is consistent with the plan of conservation and development of the municipality adopted under section 8-23;

(3) Hold at least one public hearing on the proposal to establish a resiliency improvement district and to adopt the proposed district master plan. Notice of the hearing shall be published not less than ten days prior to such hearing in a conspicuous place on the Internet web site of the municipality, or the municipalities acting jointly pursuant to an interlocal agreement, with the date and time such notice was so posted, and such notice shall include (A) the date, time and place of such hearing, (B) the legal description of the boundaries of the proposed resiliency improvement district, and (C) the draft district master plan, which plan shall be made available for physical review and posted electronically on the Internet web site of any applicable municipality; and

(4) Determine whether the proposed resiliency improvement district meets the following conditions:

(A) The district contains an area that experiences or is likely to experience adverse impacts from hazards or climate change, including, but not limited to, sea level rise, rising groundwater, extreme heat, wildfire, drought or flooding;

(B) The district has been identified in a municipal hazard mitigation plan, local plan of conservation and development or regional plan of conservation and development or has been identified by another related planning process;

(C) The plan demonstrates a reduction of risk in the district from such identified adverse impacts from hazards or climate change;

(D) A portion of the real property within the district shall be suitable for commercial, industrial, mixed use or retail uses or transit-oriented development;

(E) In the case of existing residential use, provides for the replacement of, or renovation to, residential buildings in the district, if the district is in a flood zone or within the boundaries of sea level rise as determined by the requirements of section 25-68o, to include a height standard of not less than two feet of freeboard above the base flood elevation, or as designated by the State Building Code or municipal building requirements, whichever imposes a greater height standard, and whether construction of or renovation to commercial or industrial buildings shall be flood-proofed or elevated;

(F) Provides for vehicle access to residential buildings in the district if the district is in a flood zone or is impacted by sea level rise, pursuant to section 25-68o, at a height of two feet above base flood elevation;

(G) The proposed district will not increase the vulnerability and risk to properties adjacent to the district or increase the risk to other hazards within the district; and

(H) The original assessed value of a proposed resiliency improvement district plus the original assessed value of all existing tax increment districts within the relevant municipalities may not exceed ten per cent of the total value of taxable property within the municipalities as of October first of the year immediately preceding the establishment of the tax increment district. Excluded from the calculation in this subparagraph is any tax increment district established on or after October 1, 2015, that consists entirely of contiguous property owned by a single taxpayer. For the purpose of this subdivision, “contiguous property” includes a parcel or parcels of land divided by a road, power line, railroad line or right-of-way.