Conn. Agencies Regs. § 8-37y-7

Current through November 7, 2024

Section 8-37y-7 - Application process

(a) The Commissioner shall inform the municipality upon his acceptance of the surplus property.

(b) The Department shall discuss available options for the use and development of the property with the municipality.

(c) Upon mutual agreement between the Commissioner and the municipality, the Commissioner may issue a Request for Proposals from eligible developers for the use and development of the property, in accordance with such options. The Commissioner may waive the Request For Proposal process for properties which currently contain less than five (5) dwelling units and may convey such property to an eligible developer who has been approved by the Commissioner and the municipality or to an eligible low or moderate income person or family who shall occupy such property.

(d) If the municipality does not concur with the development options submitted to the municipality by the Department, the Commissioner may either bank the property for future consideration or transfer the property back to the applicable state agency.

(e) As part of the application process, the developer shall be required to furnish the following:

(1) A plan of development which describes the proposed use of the land, buildings and/or improvements, persons to be served, income mix and proposed rents and/or sales prices;

(2) Proposed site plan;

(3) Evidence that the land is properly zoned for the proposed use or a time frame for obtaining land use permits or variances;

(4) Identification of any governmental or private housing finance programs to be utilized for construction, rehabilitation or renovation of housing and evidence that the developer has an application for financial assistance under review;

(5) Financial information on the projected cost of development and management;

(6) Evidence of housing need and marketability;

(7) A description of the mechanism to be used by the developer which shall guarantee that the housing shall remain permanently affordable;

(8) An Affirmative Fair Housing Marketing Plan;

(9) Preliminary drawings and specifications;

(10) Insurance information; and

(11) A plan for the proposed use of any proceeds gained from the sale of any units constructed on the real property.

(f) If a developer intends to lease the property which it has acquired under this program or lease or sell the housing constructed on such property, it shall provide the following for approval:

(1) Identification of the proposed lessee, buyer, or marketing plan;

(2) Description of the lessee's or buyer's proposed use of the land or building(s);

(3) A copy of the proposed lease or contract for sale; and

(4) Any other documentation which the Commissioner determines is necessary to ensure that the property is being used for homeless persons or persons and families of low and moderate income.

(g) The Commissioner may, from time to time, request additional information from the developer.

(h) Once a developer receives preliminary approval of its application, the Commissioner shall:

(1) Inform the chief executive officer of the municipality of the selected developer;

(2) Provide the chief executive officer with a copy of the developer's application; and

(3) Request that the Chief Executive Officer secure the municipality's approval of the Department's conveyance of the site to the developer.

(A) If the municipality approves the conveyance of the property to the developer, the Commissioner shall initiate the state approval process, in accordance with the requirements of Section 8-37y of the Connecticut General Statutes and enter into a conditional sales agreement.

(B) If the municipality fails to approve the conveyance of the site to the developer, the Commissioner shall notify the developer in writing.

(C) If the municipality conditionally approves the conveyance, the Commissioner shall review the conditions and determine if they impact the proposal.

(i) If the Commissioner determines that the conditions imposed by the municipality shall impact the proposed housing, the Commissioner shall reconsider the proposal in light of the municipal conditions.

(ii) If the Commissioner determines that they do not significantly impact the proposed housing, he shall notify the developer, in writing, of his findings and request the developer's concurrence.

(iii) If the developer does not concur with the Commissioner's findings, it may withdraw its proposal without prejudice.

(iv) If the developer concurs with the Commissioner's findings, the developer shall amend the plans for the development of the proposed housing in accordance with such findings.

Conn. Agencies Regs. § 8-37y-7

Effective November 26, 1993