Bill Text: CT SB00896 | 2011 | General Assembly | Comm Sub

Connecticut Senate Bill 896 (Prior Session Legislation)

Bill Title: An Act Making Procedural Changes To The Site Plan And Subdivision Application Process.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2011-04-27 - Referred by Senate to Committee on Appropriations [SB00896 Detail]

Download: Connecticut-2011-SB00896-Comm_Sub.html

General Assembly		*Substitute Bill No. 896*
*January Session, 2011*		_____SB00896PD____031111____

AN ACT MAKING PROCEDURAL CHANGES TO THE SITE PLAN AND SUBDIVISION APPLICATION PROCESS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (g) of section 8-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(g) [The zoning regulations may require that a site] A site plan shall be filed with [the commission or other municipal agency or] a municipal official duly authorized by the commission to aid in determining the conformity of a proposed building, use or structure with specific provisions of such regulations. If a site plan application involves an activity regulated pursuant to sections 22a-36 to 22a-45, inclusive, the applicant shall submit an application for a permit to the agency responsible for administration of the inland wetlands regulations not later than the day such application is filed with [the zoning commission] such official. The [commission] official shall, within the period of time established in section 8-7d, as amended by this act, accept the filing of and shall process, pursuant to section 8-7d, as amended by this act, any site plan application involving land regulated as an inland wetland or watercourse under chapter 440. The decision of the [zoning commission] official shall not be rendered on the site plan application until the inland wetlands agency has submitted a report with its final decision. In making [its] a decision, the [commission] official shall give due consideration to the report of the inland wetlands agency and if the [commission] official establishes terms and conditions for approval that are not consistent with the final decision of the inland wetlands agency, the [commission] official shall state [on the record] in writing the reason for such terms and conditions. A site plan may be modified or denied only if it fails to comply with requirements already set forth in the zoning or inland wetlands regulations. Approval of a site plan shall be presumed unless a decision to deny or modify it is rendered within the period specified in section 8-7d, as amended by this act. A certificate of approval of any plan for which the period for approval has expired and on which no action has been taken shall be sent to the applicant within fifteen days of the date on which the period for approval has expired. A decision to deny or modify a site plan shall set forth the reasons for such denial or modification. A copy of any decision shall be sent by certified mail to the person who submitted such plan within fifteen days after such decision is rendered. The [zoning commission] official may, as a condition of approval of any modified site plan, require a bond, in an amount and with surety and conditions satisfactory to [it] such official, securing that any modifications of such site plan are made or may grant an extension of the time to complete work in connection with such modified site plan. The [commission] official may condition the approval of such extension on a determination of the adequacy of the amount of the bond or other surety furnished under this section. The [commission] official shall publish notice of the approval or denial of site plans in a newspaper having a general circulation in the municipality. In any case in which such notice is not published within the fifteen-day period after a decision has been rendered, the person who submitted such plan may provide for the publication of such notice within ten days thereafter. The provisions of this subsection shall apply to [all zoning commissions or other final zoning authority of] each municipality whether or not such municipality has adopted the provisions of this chapter or the charter of such municipality or special act establishing zoning in the municipality contains similar provisions.

Sec. 2. Subsection (b) of section 8-7d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(b) Notwithstanding the provisions of subsection (a) of this section, whenever the approval of a site plan is the only requirement to be met or remaining to be met under the zoning regulations for any building, use or structure, a decision on an application for approval of such site plan shall be rendered not later than sixty-five days after receipt of such site plan. Whenever a decision is to be made on an application for subdivision approval under chapter 126, [on which no hearing is held,] such decision shall be rendered not later than sixty-five days after receipt of such application. Whenever a decision is to be made on an inland wetlands and watercourses application under chapter 440 on which no hearing is held, such decision shall be rendered not later than sixty-five days after receipt of such application. Whenever a decision is to be made on an aquifer protection area application under chapter 446i on which no hearing is held, such decision shall be rendered not later than sixty-five days after receipt of such application. The applicant may consent to one or more extensions of such period, provided the total period of any such extension or extensions shall not exceed sixty-five days or may withdraw such plan or application.

Sec. 3. Subsection (a) of section 8-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(a) As used in this section:

(1) "Aggrieved person" means a person aggrieved by a decision of a board and includes any officer, department, board or bureau of the municipality charged with enforcement of any order, requirement or decision of the board. In the case of a decision by a zoning commission, planning commission, combined planning and zoning commission, [or] duly authorized agent or official of a zoning commission, planning commission or combined planning and zoning commission, or zoning board of appeals, "aggrieved person" includes any person owning land that abuts or is within a radius of one hundred feet of any portion of the land involved in the decision of the board.

(2) "Board" means a municipal zoning commission, planning commission, combined planning and zoning commission, zoning board of appeals or other board or commission the decision of which may be appealed pursuant to this section, a duly authorized agent or official of a zoning commission, planning commission or combined planning and zoning commission whose decision may be appealed pursuant to this section, or the chief elected official of a municipality, or such official's designee, in a hearing held pursuant to section 22a-250, whose decision may be appealed.

Sec. 4. Section 8-9 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

Appeals from zoning commissions and planning and zoning commissions or their designated agents or officials may be taken to the Superior Court and, upon certification for review, to the Appellate Court in the manner provided in section 8-8, as amended by this act.

Sec. 5. Section 8-26 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(a) All plans for subdivisions and resubdivisions, including subdivisions and resubdivisions in existence but which were not submitted to the commission for required approval, whether or not shown on an existing map or plan or whether or not conveyances have been made of any of the property included in such subdivisions or resubdivisions, shall be submitted to the commission with an application in the form to be prescribed by it. The commission, or its duly authorized agent, shall have the authority to determine whether the existing division of any land constitutes a subdivision or resubdivision under the provisions of this chapter, provided nothing in this section shall be deemed to authorize the commission or agent to approve any such subdivision or resubdivision [which] that conflicts with applicable zoning regulations. Such regulations may contain provisions whereby the commission may waive certain requirements under the regulations by a three-quarters vote of all the members of the commission in cases where conditions exist which affect the subject land and are not generally applicable to other land in the area, provided that the regulations shall specify the conditions under which a waiver may be considered and shall provide that no waiver shall be granted that would have a significant adverse effect on adjacent property or on public health and safety. The commission shall state upon its records the reasons for which a waiver is granted in each case.

(b) The commission may establish a schedule of fees and charge such fees. The amount of the fees shall be sufficient to cover the costs of processing subdivision applications, including, but not limited to, the cost of registered or certified mailings and the publication of notices, and the costs of inspecting subdivision improvements. Any schedule of fees established under this section shall be superseded by fees established by ordinance under section 8-1c.

(c) The commission [may] shall not hold a public hearing regarding any subdivision proposal. [if, in its judgment, the specific circumstances require such action.] No plan of resubdivision shall be acted upon by the commission without a public hearing. Such public hearing shall be held in accordance with the provisions of section 8-7d, as amended by this act.

(d) The commission may delegate to its duly authorized agent the authority to approve, modify and approve, or disapprove any plan of subdivision, provided the commission may not delegate the authority to review any plan of resubdivision. The commission or agent shall approve, modify and approve, or disapprove any subdivision or resubdivision application or maps and plans submitted therewith, including existing subdivisions or resubdivisions made in violation of this section, within the period of time permitted under section 8-26d. The commission or agent may modify or disapprove a plan of subdivision only if it fails to comply with requirements set forth in the planning or inland wetland regulations. Notice of the decision of the commission or agent shall be published in a newspaper having a substantial circulation in the municipality and addressed by certified mail to any person applying to the commission under this section, by its secretary or clerk, under his signature in any written, printed, typewritten or stamped form, within fifteen days after such decision has been rendered. In any case in which such notice is not published within such fifteen-day period, the person who made such application may provide for the publication of such notice within ten days thereafter. Such notice shall be a simple statement that such application was approved, modified and approved or disapproved, together with the date of such action. The failure of the commission or agent to act thereon shall be considered as an approval, and a certificate to that effect shall be issued by the commission on demand. The grounds for [its] the commission's action or the action of its agent shall be stated in the records of the commission. No planning commission or agent shall be required to consider an application for approval of a subdivision plan while another application for subdivision of the same or substantially the same parcel is pending before the commission or agent. For the purposes of this subsection, an application is not "pending before the [commission"] commission or agent" if the commission or agent has rendered a decision with respect to such application and such decision has been appealed to the Superior Court.

(e) If an application involves land regulated as an inland wetland or watercourse under the provisions of chapter 440, the applicant shall submit an application to the agency responsible for administration of the inland wetlands regulations no later than the day the application is filed for the subdivision or resubdivision. The commission or agent shall, within the period of time established in section 8-7d, as amended by this act, accept the filing of and shall process, pursuant to section 8-7d, as amended by this act, any subdivision or resubdivision involving land regulated as an inland wetland or watercourse under chapter 440. The commission or agent shall not render a decision until the inland wetlands agency has submitted a report with its final decision to the commission or agent. In making [its] a decision the commission or agent shall give due consideration to the report of the inland wetlands agency and if the commission or agent establishes terms and conditions for approval that are not consistent with the final decision of the inland wetlands agency, the commission or agent shall state on the commission's record the reason for such terms and conditions. In making a decision on an application, the commission or agent shall consider information submitted by the applicant under subsection (b) of section 8-25 concerning passive solar energy techniques. The provisions of this section shall apply to any municipality which exercises planning power pursuant to any special act.

Sec. 6. Section 8-28 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

Notice of all official actions or decisions of a planning commission or its duly authorized agent, not limited to those relating to the approval or denial of subdivision plans, shall be published in a newspaper having a substantial circulation in the municipality within fifteen days after such action or decision. Any appeal from an action or decision of a planning commission or its agent shall be taken pursuant to the provisions of section 8-8, as amended by this act.


This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2011	8-3(g)
Sec. 2	October 1, 2011	8-7d(b)
Sec. 3	October 1, 2011	8-8(a)
Sec. 4	October 1, 2011	8-9
Sec. 5	October 1, 2011	8-26
Sec. 6	October 1, 2011	8-28

Statement of Legislative Commissioners:

In section 1(g), "with surety and conditions satisfactory to it" was changed to "with surety and conditions satisfactory to [it] such official" for clarity; and in section 5(d), new language concerning the limitation on the modification or disapproval of a plan was restructured for clarity.

Joint Favorable Subst.-LCO