Chapter 126, Section 8-23, of the Connecticut General Statutes requires that a planning and zoning commission prepare, adopt and amend a plan of conservation and development for the municipality. The purpose of the Town Plan of Conservation and Development is to record the best thinking of the Town as to its future growth and to give direction to both public and private development. The Plan should encompass a long term vision of the community but also offer guidance for short term decision making.
While future oriented, a Plan of Conservation and Development reflects the goals and objectives of a community at a certain point in time, changes in economic conditions, lifestyles, goals and objectives of a community. In recognition of this, the State statutes require that the Plan be updated at least every 10 years. The latest Newtown Plan of Development was adopted in 1993. The Town is a different place today and conditions in the town and region have changed substantially. The Plan of Conservation and Development needs to reflect contemporary conditions.
The State Statute was recently amended to increase the emphasis on conservation and to incorporate a reference for greenway protection and in the 2001 session of the State Legislative was further amended to include referral of the Plan to the local legislative body for review and comment prior to public hearing and adoption.
PLAN OF CONSERVATION AND DEVELOPMENT - STATUTORY REQUIREMENTS
The standards for municipal plans of conservation and development in Connecticut are set forth in Chapter 126, Section 8-23, of the Connecticut General Statutes. The major provisions of this Statute which may be applicable to Newtown are the following:
1. A Plan of Conservation and Development is required for all municipalities.
2.The Plan of Conservation and Development shall be reviewed, updated and adopted at least once every ten years.
3.The Plan of Conservation and Development shall include the following:
a.A statement of policies, goals and standards for the physical and economic development of the municipality.
b.Promote the greatest efficiency and economy through the coordinated development of the municipality and the general welfare and prosperity of its people.
c.Recommendations for the most desirable land use within the municipality.
d.Recommendations for the most desirable density of population in the several parts of the municipality.
e.Take into account the State Plan of Conservation and Development and the regional plan of development and note any inconsistencies.
f.Make provisions for the development of housing opportunities, including opportunities for multi-family dwellings consistent with natural and built capacities.
g.Promote housing choice and economic diversity in housing, including housing for low and moderate income households.
4. The Planning and Zoning Commission is responsible for the development of the Plan and shall consider the following:
a. The need for affordable housing.
b. The need to protect existing and potential drinking water supplies.
c. The use of cluster development to the extent consistent with the natural and built capacities of the municipality.
d. Physical, social, economic and governmental conditions and trends.
e. The needs of the municipality including human resources, education, health, housing, recreation, social services, public utilities, public protection, transportation and circulation and cultural and interpersonal communications
f. The objectives of energy-efficient patterns of development, the use of solar and renewable forms of energy and energy conservation.
5. The Plan of Conservation and Development may include recommendations of the Commission for the following:
a. System of principal thoroughfares, highways, bridges, streets and other public ways.
b. Parks, playgrounds, and public grounds.
c. General location, relocation and improvement of public buildings.
d. General location and extent of public and private utilities and terminals.
e. Transit.
f. Plans for redevelopment and improvement of districts or neighborhoods.
g. Public housing.
h. Recommendations for conservation and preservation of traprock and other ridgelines.
i. Recommend programs for the implementation of the Plan.
j. Schedule capital improvements.
k. Plans for open space acquisition and greenways protection and development.
l. Other recommendations, which in the Commissions judgement, are beneficial to the municipality.
m. Include maps, explanatory materials, photographs, charts or other pertinent data and information relative to past, present and future trends of the municipality.
6. A Public Hearing must be held by the Commission prior to the adoption of the Plan. At least sixty-five days prior to the hearing a copy of the Plan shall be submitted to the legislative body and the regional planning agency for review and comment.
Although the above is excerpted from the State statutes, it is not necessarily as autocratic as it may first appear. The Planning and Zoning Commission has a great deal of flexibility in interpreting these statutory provisions, i.e., which of the provisions should be accommodated in a Plan Update. It should be recognized that there are no clear penalties from the State for not including all of the suggested plan components.
It should be kept in mind that this is the Town of Newtown’s plan and not the State’s. Policies and recommendations will be established by the Commission, not the State. Since this will be the Town of Newtown’s Plan of Conservation and Development, as such it should not only reflect the thinking of the Commission but as much as possible a general consensus of the community at-large as to the type, amount and direction of future conservation, growth and development in Newtown
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