Senate committee leans toward 2,000-foot trigger for quadplex-by-right rule; asks counsel to draft option 3

Planners and committee members spent substantial time on section 12’s language that defines the "water-and-sewer area" used to determine where quadplexes may be built by right under Act 47 and related provisions. Chip Sawyer and Matt Belanger described the practical consequences of alternative distance metrics and urged that the statutory trigger be clear to avoid litigation and local confusion.

Three primary drafting options were discussed: (1) a broad statewide change to allow quadplexes everywhere (an option some feared would go too far); (2) a narrow interpretation using short distances (e.g., 100–500 feet) which might be inconsistent with other act provisions; and (3) a longer-distance, road-rule-consistent approach (1,200–2,000 feet) that planners said would better reflect municipal infrastructure realities and existing statutory road rules.

Planners cautioned that using a longer distance does not automatically obligate a municipality to provide hookups: towns retain the authority to manage connection allocations and capacity. They recommended option 3 as a pragmatic compromise that better matches the intent to direct density toward infrastructure while acknowledging local capacity limitations. Committee members raised concerns about potential loopholes (developers building with septic instead of connecting) and urged clarifying language about conservation exemptions and the limited scope of this section relative to municipal water-and-sewer service-area planning.

The chair asked Ellen to prepare draft language reflecting option 3 (targeting 2,000 feet to align with the road rule) and to coordinate with Chip and Charlie on precise wording. The committee directed staff to consider municipal capacity protections and to preserve the wording that lets towns identify areas they wish to protect from higher density.