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Harwinton planning commission questions detailed solar rules, asks legal clarity on open-space fees
Summary
At its June 10 meeting, the Harwinton Planning Commission debated whether Addendum 1 on energy conservation (solar access) should be removed or simplified, considered citing state law (Conn. Gen. Stat. §8-25) instead, and asked town counsel whether the town may require fees in lieu of open space.
Chairman Michael Orefice said at the June 10 Harwinton Planning Commission meeting that the five-page Addendum 1 on energy conservation "pertaining to solar may be excessive" and questioned how staff could verify during subdivision review that solar had been considered or installed.
The commission reviewed specific language in Addendum 1, including Section B-1: "All new lots created by the act of subdivision should have adequate solar access to the maximum extent practicable," and Section B-4 ("Individual Choice"), which states the addendum does not require solar energy systems and leaves the decision to individual lot owners.
Commissioner Paul Roche proposed eliminating Addendum 1 and instead adding statutory language under application requirements. Roche suggested citing Connecticut General Statutes Section 8-25 (as amended by PA 81-334), which "provides that subdivision regulations shall encourage energy-efficient patterns of development and land use, the use of solar and other renewable forms of energy, and energy conservation," and he said the commission should "encourage the applicant to designate solar access easements whenever necessary."
Land Use Coordinator Polly Redmond told the commission she researched the town's authority to require payments in lieu of open space. Redmond said she found Proposed Bill No. 6294, "An Act Prohibiting the Requirement of a Donation of Land as a Condition of Subdivision Approval," and a bill summary that was marked "dead" on 6/4/2025; she advised the commission the question of whether Harwinton may require fees in lieu of open space should be referred to town counsel.
Redmond also noted that Justin Downes, Department of Public Works Supervisor, will attend the commission's July 8, 2026 meeting to discuss the regulations' street planning and design sections. The commission did not adopt changes at the June 10 meeting; members directed staff to seek legal guidance and to continue the item at a future meeting.
Next steps: staff will ask town counsel about the legality and disposition of any fee-in-lieu program and will place the discussion of Addendum 1 on a future agenda after consultation with the Department of Public Works and counsel.
