Sec. 8-18. Definitions. As used in this chapter: "Commission" means a planning
commission; "municipality" includes a city, town or borough or a district establishing
a planning commission under section 7-326; "subdivision" means the division of a tract
or parcel of land into three or more parts or lots made subsequent to the adoption of
subdivision regulations by the commission, for the purpose, whether immediate or future, of sale or building development expressly excluding development for municipal,
conservation or agricultural purposes, and includes resubdivision; "resubdivision"
means a change in a map of an approved or recorded subdivision or resubdivision if
such change (a) affects any street layout shown on such map, (b) affects any area reserved
thereon for public use or (c) diminishes the size of any lot shown thereon and creates
an additional building lot, if any of the lots shown thereon have been conveyed after
the approval or recording of such map; "cluster development" means a building pattern
concentrating units on a particular portion of a parcel so that at least one-third of the
parcel remains as open space to be used exclusively for recreational, conservation and
agricultural purposes except that nothing herein shall prevent any municipality from
requiring more than one-third open space in any particular cluster development; "town"
and "selectmen" include district and officers of such district, respectively. Sec. 8-19. Creation of planning commissions. Any municipality may create by
ordinance a planning commission, which shall consist of five members, who shall be
electors of such municipality holding no salaried municipal office and whose terms of
office and method of election or appointment shall be fixed in the ordinance. The chief
executive officer of the municipality and the engineer thereof or Commissioner of Public
Works, if any, shall also be members of the commission, without voting privileges. The
terms of office shall be so arranged that the terms of not more than three members shall
expire in any one year. Vacancies shall be filled by the commission for the unexpired
portion of the term. Upon the adoption of this section by ordinance as herein provided,
and the appointment or election of a commission thereunder, any planning commission
in the municipality established under any previous act of the General Assembly shall
cease to exist, and its books and records shall be turned over to the commission established under this section, provided all regulations promulgated by such planning commission prior to that time shall continue in full force and effect until modified, repealed
or superseded in accordance with the provisions of this chapter. The area of jurisdiction
of a planning commission created by a town includes any city or borough therein without
a legally constituted planning commission for all planning purposes except those specified in sections 8-24 and 8-29. Powers granted under said sections may be delegated by
the legislative body of such city or borough to the planning commission of the town in
which such city or borough is situated. Any city or borough in which a planning commission has been previously established may, by ordinance, designate the commission established under this section in the town in which such city or borough is situated to be
the planning commission of such city or borough, and such commission shall supersede
the planning commission previously established in such city or borough. The commission shall elect a chairman and a secretary from its members, shall adopt rules for the
transaction of business and shall keep a public record of its activities. The planning
commission of each municipality shall file an annual report with the legislative body
thereof. Sec. 8-19a. Alternate members of planning commission. Any municipality, in
addition to such powers as it has under the provisions of the general statutes or any
special act, shall have the power to provide by ordinance for the appointment or election
of alternate members to its planning commission. Such alternate members shall, when
seated as herein provided, have all the powers and duties set forth in the general statutes
or any special act relating to such municipality for such commission and its members.
Such alternate members shall be electors and shall not be members of the zoning commission or zoning board of appeals. Such alternates may attend all meetings and executive sessions of said commission. Such ordinance shall provide for the manner of designating alternates to act. Sec. 8-20. Designation of planning commission as planning and zoning commission. Section 8-20 is repealed. Sec. 8-21. Disqualification of members in matters before planning or zoning
commissions or zoning board of appeals. Replacement by alternates. No member
of any planning commission and no member of any municipal agency exercising the
powers of any planning commission, whether existing under the general statutes or
under any special act, shall appear for or represent any person, firm or corporation or
other entity in any matter pending before the planning or zoning commission or zoning
board of appeals or agency exercising the powers of any such commission or board in
the same municipality, whether or not he is a member of the commission hearing such
matter. No member of any planning commission shall participate in the hearing or decision of the commission of which he is a member upon any matter in which he is directly
or indirectly interested in a personal or financial sense. In the event of such disqualification, such fact shall be entered on the records of the commission and, unless otherwise
provided by special act, replacement shall be made from alternate members pursuant
to the provisions of section 8-19a, of an alternate to act as a member of such commission
in the hearing and determination of the particular matter or matters in which the disqualification arose. Sec. 8-22. Contracts and expenditures. Action by majority vote. The commission may engage such employees as are necessary for its work and may contract with
professional consultants. The commission may accept gifts but all of its expenditures,
exclusive of such gifts, shall be within the amounts appropriated for its purposes. Action
of the commission shall be taken only upon the vote of a majority of its members.
Sec. 8-23. Plan of conservation and development. (a) The commission shall prepare, adopt and amend a plan of conservation and development for the municipality.
Such plan shall show the commission's recommendation for the most desirable use of
land within the municipality for residential, recreational, commercial, industrial, conservation and other purposes and for the most desirable density of population in the several
parts of the municipality. Such plan shall take into account the state plan of conservation
and development adopted pursuant to chapter 297 and shall note any inconsistencies it
may have with said state plan. Such plan shall make provision for the development of
housing opportunities, including opportunities for multifamily dwellings, consistent
with soil types, terrain and infrastructure capacity, for all residents of the municipality
and the planning region in which the municipality is located, as designated by the Secretary of the Office of Policy and Management under section 16a-4a. Such plan shall also
promote housing choice and economic diversity in housing, including housing for both
low and moderate income households, and encourage the development of housing which
will meet the housing needs identified in the housing plan prepared pursuant to section
8-37t and in the housing component and the other components of the state plan of conservation and development prepared pursuant to section 16a-26. Such plan may also show
the commission's recommendation for a system of principal thoroughfares, parkways,
bridges, streets and other public ways; for airports, parks, playgrounds and other public
grounds; for general location, relocation and improvement of public buildings; for the
general location and extent of public utilities and terminals, whether publicly or privately
owned, for water, sewerage, light, power, transit and other purposes; and for the extent
and location of public housing projects. Such other recommendations may be made by
the commission and included in the plan as will, in its judgment, be beneficial to the
municipality. The plan of conservation and development shall be a statement of policies,
goals and standards for the physical and economic development of the municipality,
and may include all necessary and related maps, explanatory material, photographs,
charts or other pertinent data and information relative to the past, present and future
trends of the municipality, and may include recommended programs for the implementation of the plan, including a schedule and budget for public capital projects, and a program for enactment and enforcement of zoning and subdivision controls, building and
housing codes and safety regulations, plans for implementation of affordable housing
and plans for open space acquisition and greenways protection and development. In
preparing such plan the commission shall consider the community development action
plan of the municipality, if any, the need for affordable housing and the protection
of existing and potential public surface and ground drinking water supplies, and may
consider physical, social, economic and governmental conditions and trends, including,
but not limited to, local, regional and state studies of the human resource, education,
health, housing, recreation, social services, public utilities, public protection, transportation and circulation, cultural and interpersonal communications needs of the municipality and the objectives of energy-efficient patterns of development, the use of solar and
other renewable forms of energy, and energy conservation. The plan shall be designed
to promote with the greatest efficiency and economy the coordinated development of
the municipality and the general welfare and prosperity of its people. The commission
may prepare and adopt plans for the redevelopment and improvement of districts or
neighborhoods which, in its judgment, contain special problems or show a trend toward
lower land values. The plan adopted under this section for any municipality that is
contiguous to Long Island Sound shall be made with reasonable consideration for restoration and protection of the ecosystem and habitat of Long Island Sound and shall be
designed to reduce hypoxia, pathogens, toxic contaminants and floatable debris in Long
Island Sound. The plan of any municipality in which a traprock ridge, as defined in
section 8-1aa, is located may make recommendations for conservation and preservation
of traprock ridgelines, as defined in said section. The commission may adopt the plan of
conservation and development by a single resolution or may, by successive resolutions,
adopt parts of the plan, whether geographical or functional, and amendments thereto.
Prior to adopting the conservation and development plan or any part thereof or amendment thereto, the commission shall file in the office of the town clerk a copy of such
plan or part thereof or amendment thereto but, in the case of a district commission, such
commission shall file such information in the offices of both the district clerk and the
town clerk, and shall hold at least one public hearing thereon, notice of the time and
place of which shall be published in a newspaper having general circulation in the municipality at least twice at intervals of not less than two days, the first not more than fifteen
days, nor less than ten days, and the last not less than two days prior to the date of each
such hearing, which notice shall make reference to the filing of such records in the office
of the town clerk, or both the district clerk and the town clerk, as the case may be. Any
plan or part thereof or amendment thereto shall, upon adoption by the commission, be
filed in the office of the town clerk, but, if it is a district plan or amendment, it shall be
filed in the offices of both the district and town clerk, and shall become effective at a
time established by the commission, provided notice thereof shall be published in a
newspaper having general circulation in the municipality prior to such effective date. Sec. 8-24. Municipal improvements. No municipal agency or legislative body
shall (1) locate, accept, abandon, widen, narrow or extend any street, bridge, parkway
or other public way, (2) locate, relocate, substantially improve, acquire land for, abandon, sell or lease any airport, park, playground, school or other municipally owned
property or public building, (3) locate or extend any public housing, development, redevelopment or urban renewal project, or (4) locate or extend public utilities and terminals
for water, sewerage, light, power, transit and other purposes, until the proposal to take
such action has been referred to the commission for a report. Notwithstanding the provisions of this section, a municipality may take final action approving an appropriation
for any proposal prior to the approval of the proposal by the commission pursuant to
this section. The failure of the commission to report within thirty-five days after the
date of official submission of the proposal to it for a report shall be taken as approval
of the proposal. In the case of the disapproval of the proposal by the commission the
reasons therefor shall be recorded and transmitted to the legislative body of the municipality. A proposal disapproved by the commission shall be adopted by the municipality
or, in the case of disapproval of a proposal by the commission subsequent to final action
by a municipality approving an appropriation for the proposal and the method of financing of such appropriation, such final action shall be effective, only after the subsequent
approval of the proposal by (A) a two-thirds vote of the town council where one exists,
or a majority vote of those present and voting in an annual or special town meeting, or
(B) a two-thirds vote of the representative town meeting or city council or the warden
and burgesses, as the case may be. The provisions of this section shall not apply to
maintenance or repair of existing property, public ways or buildings.
Sec. 8-25. Subdivision of land. (a) No subdivision of land shall be made until a
plan for such subdivision has been approved by the commission. Any person, firm or
corporation making any subdivision of land without the approval of the commission
shall be fined not more than five hundred dollars for each lot sold or offered for sale or
so subdivided. Any plan for subdivision shall, upon approval, or when taken as approved
by reason of the failure of the commission to act, be filed or recorded by the applicant
in the office of the town clerk within ninety days of the expiration of the appeal period
under section 8-8, or in the case of an appeal, within ninety days of the termination of
such appeal by dismissal, withdrawal or judgment in favor of the applicant but, if it is
a plan for subdivision wholly or partially within a district, it shall be filed in the offices
of both the district clerk and the town clerk, and any plan not so filed or recorded within
the prescribed time shall become null and void, except that the commission may extend
the time for such filing for two additional periods of ninety days and the plan shall
remain valid until the expiration of such extended time. All such plans shall be delivered
to the applicant for filing or recording not less than thirty days after the time for taking
an appeal from the action of the commission has elapsed, and in the event of an appeal,
not less than thirty days after the termination of such appeal by dismissal, withdrawal
or judgment in favor of the applicant. No such plan shall be recorded or filed by the
town clerk or district clerk or other officer authorized to record or file plans until its
approval has been endorsed thereon by the chairman or secretary of the commission,
and the filing or recording of a subdivision plan without such approval shall be void.
Before exercising the powers granted in this section, the commission shall adopt regulations covering the subdivision of land. No such regulations shall become effective until
after a public hearing, notice of the time, place and purpose of which shall be given by
publication in a newspaper of general circulation in the municipality at least twice, at
intervals of not less than two days, the first not more than fifteen days nor less than ten
days, and the last not less than two days prior to the date of such hearing. Such regulations
shall provide that the land to be subdivided shall be of such character that it can be used
for building purposes without danger to health or the public safety, that proper provision
shall be made for water, sewerage and drainage, including the upgrading of any downstream ditch, culvert or other drainage structure which, through the introduction of additional drainage due to such subdivision, becomes undersized and creates the potential
for flooding on a state highway, and, in areas contiguous to brooks, rivers or other bodies
of water subject to flooding, including tidal flooding, that proper provision shall be
made for protective flood control measures and that the proposed streets are in harmony
with existing or proposed principal thoroughfares shown in the plan of conservation
and development as described in section 8-23, especially in regard to safe intersections
with such thoroughfares, and so arranged and of such width, as to provide an adequate
and convenient system for present and prospective traffic needs. Such regulations shall
also provide that the commission may require the provision of open spaces, parks and
playgrounds when, and in places, deemed proper by the planning commission, which
open spaces, parks and playgrounds shall be shown on the subdivision plan. Such regulations may, with the approval of the commission, authorize the applicant to pay a fee to
the municipality or pay a fee to the municipality and transfer land to the municipality
in lieu of any requirement to provide open spaces. Such payment or combination of
payment and the fair market value of land transferred shall be equal to not more than
ten per cent of the fair market value of the land to be subdivided prior to the approval
of the subdivision. The fair market value shall be determined by an appraiser jointly
selected by the commission and the applicant. A fraction of such payment the numerator
of which is one and the denominator of which is the number of approved parcels in the
subdivision shall be made at the time of the sale of each approved parcel of land in the
subdivision and placed in a fund in accordance with the provisions of section 8-25b.
The open space requirements of this section shall not apply if the transfer of all land in
a subdivision of less than five parcels is to a parent, child, brother, sister, grandparent,
grandchild, aunt, uncle or first cousin for no consideration, or if the subdivision is to
contain affordable housing, as defined in section 8-39a, equal to twenty per cent or more
of the total housing to be constructed in such subdivision. Such regulations, on and after
July 1, 1985, shall provide that proper provision be made for soil erosion and sediment
control pursuant to section 22a-329. Such regulations shall not impose conditions and
requirements on manufactured homes having as their narrowest dimension twenty-two
feet or more and built in accordance with federal manufactured home construction and
safety standards or on lots containing such manufactured homes which are substantially
different from conditions and requirements imposed on single-family dwellings and lots
containing single-family dwellings. Such regulations shall not impose conditions and
requirements on developments to be occupied by manufactured homes having as their
narrowest dimension twenty-two feet or more and built in accordance with federal manufactured home construction and safety standards which are substantially different from
conditions and requirements imposed on multifamily dwellings, lots containing multifamily dwellings, cluster developments or planned unit developments. The commission
may also prescribe the extent to which and the manner in which streets shall be graded
and improved and public utilities and services provided and, in lieu of the completion
of such work and installations previous to the final approval of a plan, the commission
may accept a bond in an amount and with surety and conditions satisfactory to it securing
to the municipality the actual construction, maintenance and installation of such improvements and utilities within a period specified in the bond. Such regulations may
provide, in lieu of the completion of the work and installations above referred to, previous
to the final approval of a plan, for an assessment or other method whereby the municipality is put in an assured position to do such work and make such installations at the
expense of the owners of the property within the subdivision. Such regulations may
provide that in lieu of either the completion of the work or the furnishing of a bond
as provided in this section, the commission may authorize the filing of a plan with a
conditional approval endorsed thereon. Such approval shall be conditioned on (1) the
actual construction, maintenance and installation of any improvements or utilities prescribed by the commission, or (2) the provision of a bond as provided in this section.
Upon the occurrence of either of such events, the commission shall cause a final approval
to be endorsed thereon in the manner provided by this section. Any such conditional
approval shall lapse five years from the date it is granted, provided the applicant may
apply for and the commission may, in its discretion, grant a renewal of such conditional
approval for an additional period of five years at the end of any five-year period, except
that the commission may, by regulation, provide for a shorter period of conditional
approval or renewal of such approval. Any person, firm or corporation who, prior to
such final approval, sells or offers for sale any lot subdivided pursuant to a conditional
approval shall be fined not more than five hundred dollars for each lot sold or offered
for sale. Sec. 8-25a. Proposals for developments using water. Prerequisite. No proposal
for a development using water supplied by a company incorporated on or after October
1, 1984, shall be approved by a planning commission or combined planning and zoning
commission unless such company has been issued a certificate pursuant to section 16-
262m. The municipality in which the planning commission or combined planning and
zoning commission is located shall be responsible for the operation of any water company created without a certificate after October 1, 1984, except a water company supplying more than two hundred fifty service connections or one thousand persons created
without a certificate between October 1, 1984, and September 30, 1998, if the water
company at any time is unable or unwilling to provide adequate service to its consumers. Sec. 8-25b. Fund. Payments in lieu of open spaces. Any municipality which provides in regulations, adopted pursuant to section 8-25, for the payment of a fee or the
fair market value of land transferred in lieu of any requirement to provide open space,
shall deposit any such payments in a fund which shall be used for the purpose of preserving open space or acquiring additional land for open space or for recreational or agricultural purposes. Sec. 8-26. Approval of subdivision and resubdivision plans. Waiver of certain
regulation requirements. Applications involving inland wetlands and watercourses. 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 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 to
approve any such subdivision or resubdivision which 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. 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.
The commission may 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. Notice of the public
hearing shall be given by publication in a newspaper of general circulation in the municipality at least twice at intervals of not less than two days, the first not more than fifteen
days, nor less than ten days, and the last not less than two days prior to the date of such
hearing, and by sending a copy thereof by registered or certified mail to the applicant.
In addition to such notice, such commission may, by regulation, provide for notice by
mail to persons who are owners of land which is adjacent to the land which is the subject
of the hearing. The commission 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. Notice of the decision of the commission
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 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 action
shall be stated in the records of the commission. No planning commission 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. For the purposes of this section, an application is not "pending before
the commission" if the commission has rendered a decision with respect to such application and such decision has been appealed to the Superior Court. 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 shall not render a decision until the inland
wetlands agency has submitted a report with its final decision to such commission. In
making its decision the commission shall give due consideration to the report of the
inland wetlands agency. In making a decision on an application, the commission 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. 8-26a. Effect of change in subdivision or zoning regulations after approval of plan. (a) Notwithstanding the provisions of any general or special act or local
ordinance, when a change in the subdivision regulations is adopted by the planning
commission of any town, city or borough, or other body exercising the powers of such
commission, no subdivision plan which has been approved, prior to the effective date
of such change, by such planning commission or other body, and filed or recorded with
the town clerk, shall be required to conform to such change. Sec. 8-26b. Submission to regional planning agency of proposed subdivision;
report of agency findings. Whenever a subdivision of land is planned, the area of which
will abut or include land in two or more municipalities one or both of which are within
a region or regions having a regional planning agency or agencies, the planning commission, where one exists, of each such municipality shall, before approving the plan, submit
it to the regional planning agency or agencies of the region in which it or the other
municipality is located. A regional planning agency receiving such report shall, within
thirty days, report to each such planning commission and to the proponent of such
subdivision its findings on the intermunicipal aspects of the proposed subdivision, including street layout, storm drainage, sewer and water service and such other matters
as it considers appropriate. If such report of a regional planning agency is not submitted
within thirty days after transmittal, it shall be presumed that such agency does not disapprove of the proposed subdivision. A regional planning agency may designate its executive committee to act for it under this section or it may establish a subcommittee for the
purpose. The report of such regional planning agency shall be purely advisory. Sec. 8-26c. Subdivision to be completed within five years of plan approval.
Exception for approvals made on or before October 1, 1991. (a) Any person, firm
or corporation making any subdivision of land, except as provided in section 8-26g,
shall complete all work in connection with such subdivision within five years after the
approval of the plan for such subdivision; the commission's endorsement of approval
on the plan shall state the date on which such five-year period expires. Sec. 8-26d. Hearings and decisions. Time limits. Day of receipt. (a) In all matters
wherein a formal application, request or appeal is submitted to a planning commission
under this chapter and a hearing is held on such application, request or appeal, such
hearing shall commence within sixty-five days after receipt of such application, request
or appeal and shall be completed within thirty-five days after such hearing commences.
All decisions on such matters shall be rendered within sixty-five days after completion
of such hearing. The applicant may consent to one or more extensions of any period
specified in this subsection, provided the total extension of any such period shall not
be for longer than the original period as specified in this subsection, or may withdraw
such application, request or appeal. Sec. 8-26e. Hearings by planning commission on applications for special permit or exception. Notice of decision. The planning commission of any municipality
shall hold a public hearing on an application or request for a special permit or special
exception, as provided in section 8-2. Notice of the time and place of such hearing shall
be published in a newspaper having a substantial circulation in such municipality at
least twice, at intervals of not less than two days, the first not more than fifteen days,
nor less than ten days, and the last not less than two days before the date of such hearing.
In addition to such notice, such planning commission may, by regulation, provide for
notice by mail to persons who are owners of land which is adjacent to the land which
is the subject of the hearing. At such hearing any party may appear in person and may
be represented by agent or by attorney. Such commission shall decide upon such application or request within the period of time permitted under section 8-26d. Whenever a
commission grants or denies a special permit or special exception, it shall state upon
its records the reason for its decision. Notice of the decision of the commission shall
be published in a newspaper having a substantial circulation in the municipality and
addressed by certified mail to the person who requested or applied for a special permit
or special exception, 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 requested or applied for such a special permit or special exception may
provide for the publication of such notice within ten days thereafter. Such permit or
exception shall become effective upon the filing of a copy thereof (1) in the office of
the town, city or borough clerk, as the case may be, but, in the case of a district, in the
offices of both the district clerk and the town clerk of the town in which such district is
located and (2) in the land records of the town in which the affected premises are located,
in accordance with the provisions of section 8-3d. Sec. 8-26f. Notice to adjoining municipalities. The planning commission of any
municipality shall notify the clerk of any adjoining municipality of the pendency of any
application, petition, request or plan concerning any project on any site in which: (1)
Any portion of the property affected by a decision of such planning commission is within
five hundred feet of the boundary of the adjoining municipality; (2) a significant portion
of the traffic to the completed project on the site will use streets within the adjoining
municipality to enter or exit the site; (3) a significant portion of the sewer or water
drainage from the project on the site will flow through and significantly impact the
drainage or sewerage system within the adjoining municipality; or (4) water runoff from
the improved site will impact streets or other municipal or private property within the
adjoining municipality. Such notice shall be made by certified mail, return receipt requested, and shall be mailed within seven days of the date of receipt of the application,
petition, request or plan. No hearing may be conducted on any application, petition,
request or plan unless the adjoining municipality has received the notice required under
this section. Such adjoining municipality may, through a representative, appear and be
heard at any hearing on any such application, petition, request or plan. Sec. 8-26g. Subdivision projects consisting of four hundred or more dwelling
units to be completed within ten years of approval of plan. (a) Any person, firm or
corporation making a subdivision of land for a project consisting of four hundred or
more dwelling units shall complete all work in connection with such subdivision within
ten years after the approval of the plan for such subdivision; the commission's endorsement of approval on the plan shall state the date on which such ten-year period expires. Sec. 8-26h. Validation re erected structures on lot or lots shown on filed map
or plan of subdivision. No use or occupancy of or the presence of any building or other
structure erected on a lot or lots either shown on a filed or recorded map or plan of
subdivision or located in a subdivision created by the physical division of land into three
or more parcels shall be deemed illegal or invalid because the lot or lots on which any
building or other structure is located is not shown on an approved plan of subdivision
or because the filed or recorded map or plan of subdivision fails in any manner to comply
with any requirement of any general or special law, ordinance or regulation. Sec. 8-27. Building on unaccepted streets. Any municipality having a planning
commission may, by ordinance, prohibit or regulate the issuance of building permits
for the erection of buildings or structures on lots abutting unaccepted highways or streets.
No such ordinance shall prevent the issuance of a building permit for the construction
of farm or accessory buildings which are not in violation of any lawful zoning or building
regulations of the municipality. Any building erected in violation of any such ordinance
shall be deemed an unlawful structure, and the municipality through the appropriate
officer may bring action to enjoin the erection of such structure or cause it to be vacated
or removed. Any person, firm or corporation erecting a building or structure in violation
of any such ordinance may be fined not more than two hundred dollars for each building
or structure so erected in addition to the relief herein otherwise granted to the municipality. Sec. 8-28. Notice of decision of planning commission. Appeal. Notice of all official actions or decisions of a planning commission, 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 shall be taken
pursuant to the provisions of section 8-8. Sec. 8-28a. Change in zoning regulations or districts not to affect approved
subdivision plan. Notwithstanding the provisions of any general or special act or municipal ordinance, when an application, petition or request for approval of a subdivision
plan for residential property has been filed with or submitted or made to the planning
commission of any town, city or borough, or to any other body exercising the powers
of such commission, accompanied by a subdivision plan and such other documents as
may be required by the regulations of such commission or body, in form and content
as to all essential matters as is specified in such regulations, or when any modification
of such plan or other documents has been subsequently filed or submitted in connection
with the same application, petition or request, which modification is in conformance
with such regulations as of the time of filing of the original application, petition or
request, neither such original application, petition or request nor such subsequent modification shall be required to comply with, nor shall it be disapproved for the reason that
it does not comply with, any change in the zoning regulations or the boundaries of zoning
districts of such town, city or borough taking effect after the filing, submission or making
of such original application, petition or request. If such subdivision plan or modification
thereof is given final approval, any change in the zoning regulations or the boundaries
of zoning districts made between the time of filing, submitting or making of such application, petition or request and the time of such final approval shall, as to such plan or
modification thereof and the land shown thereon, be deemed to take effect following
such final approval. Sec. 8-28b. Change in subdivision regulations or zoning districts not to affect
approved subdivision plan. Notwithstanding the provisions of any general or special
act or municipal ordinance, when an application, petition or request for approval of a
subdivision plan for residential property has been filed with or submitted or made to
the planning commission of any town, city or borough, or to any other body exercising
the powers of such commission, accompanied by a subdivision plan and such other
documents as may be required by the regulations of such commission or body, in form
and content as to all essential matters as is specified in such regulations, or when any
modification of such plan or other documents has been subsequently filed or submitted
in connection with the same application, petition or request, which modification is in
conformance with such regulations as of the time of filing of the original application,
petition or request, neither such original application, petition or request nor such subsequent modification shall be required to comply with, nor shall it be disapproved for the
reason that it does not comply with, any change in the subdivision regulations or the
boundaries of zoning districts of such town, city or borough taking effect after the filing,
submission or making of such original application, petition or request. If such subdivision plan or modification thereof is given final approval, any change in the subdivision
regulations made between the time of filing, submitting or making of such application,
petition or request and the time of such final approval shall, as to such plan or modification thereof and the land shown thereon, be deemed to take effect following such final
approval. Sec. 8-29. Filing of maps and plans. Notice and hearing. Assessments. Such
commission is authorized, unless otherwise provided by ordinance adopted by the municipality, to prepare and file surveys, maps or plans of proposed highways, streets,
sidewalks or the relocation, grade, widening or improvement of existing highways,
streets or sidewalks, or of any building or veranda lines proposed as herein provided,
in the office of the town clerk of such municipality, provided such map or plan after
completion shall have been approved at a meeting of the commission called for the
purpose. Such map or plan shall have inscribed thereon the following: "Recommended
by planning commission" and shall bear the date of such recommendation and be signed
by the chairman or secretary. Such commission shall, upon the filing of such survey,
map or plan, give notice to each record owner and to each mortgagee of record of land
included in such survey, map or plan, by mail and by advertisement in a newspaper of
general circulation in such municipality, of such filing and of the place within such
municipality where, and the time, not less than ten days after such mailing and publication, when, such commission shall hear any person claiming to be affected thereby. Such
commission, after such hearing, may approve and adopt such map or plan, and may
make assessments of benefits accruing to and damages sustained by any person owning
land included in such survey, map or plan, and shall give notice of such benefits and
damages to mortgagees of record of such land. Any assessments of benefits so made
shall, from the time of the completion of such work, constitute a lien against the property
affected, which lien shall take precedence of all other encumbrances except taxes and
other municipal liens or encumbrances of earlier date. Such liens may be continued by
filing with the town clerk for record in the land records of such municipality, within
ninety days after such assessment has been made and notice thereof given to the person
or persons affected thereby, a certificate of such lien signed by the secretary of such
commission, which lien may be enforced in the same manner as is provided for the
enforcement of tax liens. Upon the adoption of any such survey, map or plan which
takes an easement for public use over any parcel of land, a notice of the taking of each
such easement and a description of the easement shall be recorded in the land records
of the town in which such land is located, in the names of the owners of record, before
such easement becomes effective. Such commission may change any survey, map or
plan so made and filed by it, at such time and in such manner as it deems necessary,
and shall thereupon file a survey, map or plan of such change, inscribed as hereinbefore
provided, with the town clerk of such municipality. Notice by mail of such change shall
be given by such commission to each record owner and to all persons having a recorded
mortgage interest in land affected thereby and by advertisement as in the first instance
and the subsequent proceedings shall be as provided in the case of an original filing. Sec. 8-30. Appeals. Action by court. Section 8-30 is repealed. Sec. 8-30a. Appeals provisions to apply in all municipalities. The provisions of
section 8-8 shall apply to appeals from planning commissions or other final planning
authorities of any municipality whether or not such municipality has adopted the provisions of this chapter and whether or not the charter of such municipality or the special
act establishing planning in such municipality contains a provision giving a right of
appeal from planning commissions, and any provision of any special act, inconsistent
with the provisions of said section, is repealed. Secs. 8-30b to 8-30f. Reserved for future use.
(1949 Rev., S. 853; 1953, S. 384d; 1959, P.A. 577, S. 2; 679, S. 1; 1967, P.A. 221; 677, S. 1; P.A. 77-545, S. 1; P.A.
91-395, S. 2, 11.)
History: 1959 acts added district to definition of municipality, added words "parts or" before "lots" in definition of
subdivision and added definition of town and selectmen; 1967 acts included changes which create additional building lot
or lots in definition of "resubdivision" and excluded development for municipal and conservation purposes from definition
of "subdivision"; P.A. 77-545 redefined "subdivision" to specify divisions made after adoption of subdivision regulations
by commission; P.A. 91-395 added the definition of "cluster development".
Definition of subdivision and resubdivision discussed. 146 C. 570. Cited. 149 C. 630. There is no authority for commission to adopt as a regulation definition of "subdivision" which modifies, restricts or enlarges upon statutory definition.
151 C. 450. Cited. 172 C. 60, 62. Cited. 219 C. 303, 309. Cited. 222 C. 216, 226. Cited. Id., 294, 298. Cited. 227 C. 601, 609.
Cited. 5 CA 509, 510. Cited. 8 CA 556, 559. Cited. 18 CA 159, 163. Cited. 20 CA 462, 464. Cited. 23 CA 75, 77. Cited.
29 CA 28, 37.
Cited. 43 CS 508, 513.
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(1949 Rev., S. 854; 1953, S. 385d; 1957, P.A. 142; 1959, P.A. 679, S. 2; 1971, P.A. 763, S. 7; P.A. 75-21, S. 2, 3.)
History: 1959 act deleted provision chief executive officer and engineer or public works commissioner of municipality
be ex-officio members of commission and stipulated they be members without voting privileges and added provisions re
jurisdiction of town commission where city or borough is within town; 1971 act added requirement that annual report be
filed; P.A. 75-21 changed maximum number of terms allowed to expire in one year to three.
See Sec. 8-1b re prohibition against planning commission members serving as alternate members of zoning commission
or combined planning and zoning commission.
See Sec. 9-1 for applicable definitions.
See Sec. 9-209 re certification of terms of office and number of members of planning and zoning boards or commissions.
See Sec. 22a-354n re delineation of aquifer protection areas on maps.
Cited. 144 C. 117; 148 C. 517; 152 C. 304. Cited. 162 C. 238. Cited. 166 C. 207. Election or appointment of one member
of a commission, board or authority as chairman does not by itself make that member the head of the relevant department.
184 C. 1, 7. Vote of a salaried municipal officer although invalid under this section and Sec. 8-4a did not invalidate
commission's entire action in approving a zone reclassification when total valid votes were sufficient. 196 C. 192, 193,
195, 196, 200−203.
Statute providing for town plan commission not unconstitutional. 13 CS 62.
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(1971, P.A. 763, S. 8; P.A. 74-90; P.A. 84-154, S. 2, 3; P.A. 85-284, S. 2, 5.)
History: P.A. 74-90 permitted alternates to attend meetings and executive sessions; P.A. 84-154 provided for mandatory
appointment or election of alternates, effective January 1, 1986; P.A. 85-284 repealed provisions of P.A. 84-154 and
provided that local ordinances shall provide for the manner of designating alternates to act.
Cited. 184 C. 1, 8.
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(1951, S. 169b; 1953, S. 387d; 1959, P.A. 679, S. 4.)
See Sec. 8-4a.
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(1951, S. 392d; 1971, P.A. 763, S. 9; P.A. 84-546, S. 15, 173.)
History: 1971 act replaced provision allowing selection of elector to act for disqualified member with provision that
selection be made from alternates; P.A. 84-546 made technical change substituting reference to Sec. 8-19a for reference
to 8-1b.
See Sec. 8-11 re disqualification of members of zoning authorities.
Cited. 150 C. 147. Test is not whether personal interest does conflict, but whether it might conflict. 151 C. 489. Relationship of official need not be close. Id. Where member of common council of Norwalk appeared before planning commission
and actively worked in town to defeat plaintiff's planned residential development, and common council denied plaintiff's
application on grounds that it failed to satisfy the Norwalk zoning regulations, plaintiff's appeal was sustained on ground
member's conduct conflicted with his duty. 156 C. 369. Majority leader of city council was in violation of this statute
when his law firm represented the opponent of an applicant for a zoning change. 157 C. 279. Cited. Id., 290. Permissible
for municipal official, who by virtue of his office is ex-officio member of board, to appear before zoning commission on
matter as long as he represents municipality and not applicant. 160 C. 295. Cited. 162 C. 237, 238. "Interest" defined for
purposes of this section. The test is not whether personal interest does conflict, but whether it reasonably might conflict.
Whether a particular interest of a zoning commission member is sufficient to disqualify him is a factual question depending
upon the circumstances of each case. 166 C. 207. Member of local planning commission, whose law partner was town
attorney, need not resign from commission because of a hearing on a matter involving city where member had already
disqualified himself for another reason. 168 C. 285. Cited. 178 C. 198, 204. Cited. 196 C. 192, 202. Cited. 199 C. 231,
241. Does not apply to appearance by chief executive officer as representative of community at public hearing before
commission of which he is an ex-officio member when it is exercising a legislative function. 220 C. 584, 591−595.
Cited. 2 CA 551, 555, 556, 560, 563, 564.
Cited. 29 CS 40.
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(1949 Rev., S. 855.)
Provision of statute that planning commission shall act only upon the vote of a majority of its members indicates
chairman has no power to frustrate the majority vote of the commission. Held: That the commission itself is the head of
department within the meaning of Policies and Procedures for Personnel of city of Meriden. 184 C. 1, 8, 9.
Cited. 27 CS 78.
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(b) The commission shall review the plan of conservation and development at least
once every ten years and shall adopt such amendments to the plan or parts of the plan,
in accordance with the provisions of this section, as the commission deems necessary
to update the plan. On and after July 1, 2000, if a commission does not review the plan
within said ten years, the chief elected official of the municipality shall submit a letter
to the Secretary of the Office of Policy and Management and the Commissioners of
Transportation and Economic and Community Development that explains why such
review was not conducted. A copy of the letter shall be included in each application by
the head of a municipal agency for funding for development of real property submitted
to said secretary or commissioners until the plan is reviewed in accordance with this
subsection.
(c) The commission of any municipality more than twenty per cent of which is
existing preservation area, conservation area or rural land, as defined in the state plan
of conservation and development adopted pursuant to chapter 297, shall consider as
part of its plan of conservation and development the use of cluster development to the
extent consistent with soil types, terrain and infrastructure capacity within the municipality.
(1949 Rev., S. 856; 1959, P.A. 577, S. 6; 1969, P.A. 477, S. 1; 1971, P.A. 862, S. 5, 6; P.A. 78-314, S. 3; P.A. 80-327,
S. 2; P.A. 85-279, S. 4; P.A. 88-13, S. 1, 3; P.A. 91-392, S. 2; 91-395, S. 3, 11; 91-398, S. 2, 7; P.A. 95-239, S. 3; 95-335,
S. 9, 26; P.A. 99-117, S. 1, 2.)
History: 1959 act added provisions re districts; 1969 act substituted "shall" for "may" thereby requiring that recommendation for most desirable land uses and population density be included in development plan, but did leave optional the
inclusion of other recommendations re streets, bridges etc. and further clarified contents of plan re economic development,
schedules, budgets, various codes and regulations and community needed and deleted requirement that report be filed
annually; 1971 act changed public hearing notice requirements from publication at least seven days before hearing to
publication "twice at intervals of not less than two days, the first not more than fifteen days nor less than ten days, and the
last not less than two days" before hearing; P.A. 78-314 allowed consideration of energy-efficient development, renewable
forms of energy and energy conservation in development plan; P.A. 80-327 allowed consideration of water supplies and
their protection in development plan; P.A. 85-279 made consideration of surface and ground drinking water supplies in
preparation of the plan mandatory rather than discretionary; P.A. 88-13 allowed consideration of affordable housing and
open space acquisition in the plan of development and required that the plan of development be reviewed and updated at
least once every ten years; P.A. 91-392 added provisions re development of housing opportunities and promotion of housing
choice and economic diversity in housing; P.A. 91-395 designated existing provisions as Subsec. (a) and amended them
to require that municipal plans take into account the state plan and that plans adopted under this section be reviewed for
consistency with the state plan of development and added Subsec. (b) requiring municipalities to consider use of cluster
development; P.A. 91-398 added provision re plans in municipalities contiguous to Long Island Sound; P.A. 95-239
amended Subsec. (a) to provide that the plan may make regulations re traprock ridgelines; P.A. 95-335 amended Subsec.
(a) to change the name of the plan of development to the plan of conservation and development and authorized the plan
to include provisions re greenways protection and development, effective July 1, 1995; P.A. 99-117 divided existing
Subsec. (a) into (a) and (b), redesignating existing Subsec. (b) as (c), and amended Subsec. (b) by adding provision regarding
explanation of failure to conduct review of the plan, effective January 1, 2000.
See Sec. 7-148 re municipal powers generally.
See Sec. 8-39a for definition of "affordable housing".
Cited. 141 C. 79. Planning commissions are empowered to prepare, adopt and amend plans of development for their
respective communities. 144 C. 117. Aim of municipal planning; distinguished from zoning. 145 C. 28; 146 C. 570.
Stamford charter provides for review of action of planning board by board of representatives; held that function of latter
board is legislative and it may act without notice and hearing. 148 C. 44. Aim of municipal planning compared with that
of zoning. 148 C. 172. Cited. 148 C. 517. Adoption of a "plan of development" pursuant to this section is not a condition
precedent to the enactment of valid subdivision regulations. 153 C. 193. Master plan controlling as to municipal improvements, merely advisory as to zoning. 154 C. 202. Cited. 154 C. 472. Plan of development is of broader significance than
zoning and two terms are not interchangeable. Planning connotes systematic development of municipality to promote
general welfare and prosperity of its people, while zoning is concerned primarily with use of property. 155 C. 669. Recommendation in plan of development, pursuant to this section, designating appropriate uses for various areas in town is merely
advisory and does not bind zoning commission. 156 C. 102. Appeals from amendments hereunder are governed by section
8-28. 159 C. 1. Cited. 160 C. 114; 295. Cited. 186 C. 466, 473, 474. Cited. 213 C. 604, 610. Cited. 217 C. 103, 106. Cited.
225 C. 731, 749.
Cited. 2 CA 49, 50. Cited. 29 CA 18, 24.
Cited. 18 CS 519. Cited. 34 CS 52, 53, 61.
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(1949 Rev., S. 857; 1959, P.A. 679, S. 5; 1963, P.A. 617; 1971, P.A. 862, S. 7; P.A. 85-365, S. 1, 2.)
History: 1959 act substituted legislative body for enumerated persons and entities and added abandonment of streets
etc. to categories of proposals; 1963 act rephrased first sentence; 1971 act changed from thirty days to thirty-five days the
period within which commission must report on proposal or failure to do so will be considered approval; P.A. 85-365 made
a variety of technical changes and inserted provisions concerning approval of appropriations prior to commission action
and specifying that section does not apply to maintenance or repair of existing property, public ways or buildings.
Cited. 148 C. 517; 149 C. 719; 153 C. 194. Rezoning of an area approved by zoning commission but opposed by
planning commission, reversed by courts where "transportation, water and sewerage" was lacking as planning commission
could refuse approval also of new facilities for area. 154 C. 202, 210. Only two acts of planning board are binding without
further action by other municipal agencies; designation of and assessments for municipal improvements and action on
subdivision plan. 159 C. 1. Cited. 159 C. 423; 160 C. 295. Whether town has abandoned a particular street, thus necessitating
referral to the town planning and zoning commission, is a question of fact, to be determined from the circumstances. 174
C. 282, 285.
Cited. 2 CA 213−219. Cited. 21 CA 77−80, 83, 84. Cited. 26 CA 540−542, 545.
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(b) The regulations adopted under subsection (a) of this section shall also encourage
energy-efficient patterns of development and land use, the use of solar and other renewable forms of energy, and energy conservation. The regulations shall require any person
submitting a plan for a subdivision to the commission under subsection (a) of this section
to demonstrate to the commission that he has considered, in developing the plan, using
passive solar energy techniques which would not significantly increase the cost of the
housing to the buyer, after tax credits, subsidies and exemptions. As used in this subsection and section 8-2, passive solar energy techniques mean site design techniques which
maximize solar heat gain, minimize heat loss and provide thermal storage within a
building during the heating season and minimize heat gain and provide for natural ventilation during the cooling season. The site design techniques shall include, but not be
limited to: (1) House orientation; (2) street and lot layout; (3) vegetation; (4) natural
and man-made topographical features; and (5) protection of solar access within the
development.
(c) The regulations adopted under subsection (a) of this section, may, to the extent
consistent with soil types, terrain, infrastructure capacity and the plan of development
for the community, provide for cluster development, and may provide for incentives
for cluster development such as density bonuses, or may require cluster development.
(1949 Rev., S. 858; November, 1955, S. N12; 1959, P.A. 577, S. 7; 669; 1971, P.A. 196; 862, S. 8; P.A. 75-131; P.A.
77-545, S. 2; P.A. 78-104, S. 5; 78-314, S. 4; P.A. 79-301; P.A. 81-254; 81-334, S. 1; P.A. 83-388, S. 8, 9; P.A. 85-91, S.
4, 5; P.A. 88-203, S. 2; 88-263; P.A. 90-239, S. 1; P.A. 91-395, S. 4, 11; P.A. 93-29; P.A. 95-335, S. 15, 26; P.A. 99-131.)
History: 1959 acts added provision for filing of subdivision plans in case of a district and added provision regulations
authorize commission to provide open spaces for parks and playgrounds; 1971 acts added provisions concerning extensions
for filing subdivision plans, specified that applicant must do filing and that endorsement of approval must be made by
chairman or secretary and changed notice requirement from publication at least seven days before hearing to publication
"twice, at intervals of not less than two days, the first not more than fifteen days nor less than ten days and the last not less
than two days" before hearing; P.A. 75-131 required that plans be delivered to applicant promptly for filing purposes after
appeal deadline passed or after appeal terminated; P.A. 77-545 added provision that regulations made govern sedimentation
and erosion control; P.A. 78-104 included "maintenance" of improvements and utilities in bond provision; P.A. 78-314
allowed encouragement of energy-efficient development, use of renewable forms of energy and energy conservation
through regulations; P.A. 79-301 increased fine for making unapproved subdivision from two to five hundred dollars; P.A.
81-254 allowed for conditional approval of plans; P.A. 81-334 moved provisions re regulations to encourage energy-
efficient patterns of development, use of solar and other renewable forms of energy and energy conservation into new
Subsec. (b) and outlined content of regulations; P.A. 83-388 amended Subsec. (a) to require that provision be made for
soil erosion and sediment control, effective July 1, 1985; P.A. 85-91 amended Subsec. (a) to specify the date by which
time provision for soil erosion and sediment control is required; P.A. 88-203 added provisions in Subsec. (a) re imposition
of conditions and requirements on certain manufactured homes and developments to be occupied by certain manufactured
homes; P.A. 88-263 substituted "shall" for "may" in Subsec. (b) to require that subdivision regulations encourage energy-
efficient patterns of development and land use, the use of solar and other renewable forms of energy and energy conservation;
P.A. 90-239 amended Subsec. (a) to allow the payment of a fee in lieu of the provision of open spaces and to exempt transfers
of land to certain relatives from the open spaces requirements; P.A. 91-395 added Subsec. (c) concerning authorization for
cluster development in regulations adopted under this section; P.A. 93-29 amended Subsec. (a) to change the time planning
commissions have to deliver approved plans to subdivision applicants from "promptly" after the expiration of an appeal
or termination in the applicant's favor to thirty days after either event and to change the date for filing of approved plans
by a developer from ninety days after the time for appeal to ninety days after termination in the applicant's favor; P.A. 95-
335 amended Subsec. (a) to change "plan of development" to "plan of conservation and development", effective July 1,
1995; P.A. 99-131 amended Subsec. (a) by requiring regulations covering the subdivision of land to include a provision
for the "upgrading of any downstream ditch, culvert or other drainage structure which, through the introduction of additional
drainage due to such subdivision, becomes undersized and creates the potential for flooding on a state highway".
See Sec. 8-2a re requirement that copies of zoning and subdivision regulations be available to public.
If plan complies with subdivision regulations, commission lacks authority to disapprove it. 146 C. 570. Cited. 148 C.
145, 299. Planning commission approves, disapproves, or modifies and approves, plans for claimed subdivisions. It is not
part of its function to decide whether particular property is a subdivision. Court should not dismiss complaint for declaratory
judgment as to whether certain premises is a subdivision on ground that issue should first be decided by planning commission. 149 C. 627. Cited. 152 C. 304; id., 520, 521. Adoption of a "plan of development" pursuant to section 8-23 is not a
condition precedent to the enactment of valid subdivision regulations. 153 C. 193. This section held not to authorize town
to adopt a subdivision regulation imposing a charge against a real estate developer as a condition for granting permission
to proceed with an approved subdivision plan when such charge was purportedly to cover reasonable costs incurred by
the town for engineering services to inspect work done on public improvements in the subdivision. 153 C. 236, 237. Mere
filing of subdivision maps does not necessarily immunize subject property from operative effect of subsequent subdivision
regulations. 155 C. 183. Subdivision regulations construed as a whole, being within the purview of this section and reasonably adequate and sufficient to guide commission and enable those affected to know their rights and obligations and precise
to degree required by subject matter, held valid. Id., 669. Regulations of town which has adopted this chapter must conform
to requirements of this section. 156 C. 540. Only action on subdivision plan and designation of and assessments for
municipal improvements are binding actions of planning board. 159 C. 1. This section and section 13a-71 may not be
circumvented by claims of common law dedication. 159 C. 107. Authority granted under this statute is not unpermitted
exercise of police power where activity is directly attributable to subdivision activity. It does not amount to unconstitutional
taking of private land for public use without compensation. 160 C. 109, 118. Held not unconstitutional for vagueness or
lack of standards to implement it. 160 C. 109, 115. Constitutional validity established because all property is held subject
to right of state to reasonably regulate use. 160 C. 109, 112. Cited. 171 C. 89, 91. Cited. 172 C. 156, 158. Cited. 176 C.
581, 599. Cited. 177 C. 527, 529, 535; 179 C. 650−652, 656, 659, 660; 181 C. 533, 542. Cited. 184 C. 1, 8. Cited. 186 C.
466, 471−473. Cited. 187 C. 232, 243. Cited. 203 C. 109, 118. Cited. 207 C. 67, 68. Cited. 208 C. 431, 434, 435. Cited.
213 C. 604, 610. Cited. 217 C. 103, 106, 107. Cited. 226 C. 684, 685, 687, 690−692, 694. Cited. 227 C. 71, 83. Cited. 228
C. 476, 485, 486.
Cited. 5 CA 520, 521. Cited. 8 CA 556, 559, 560. Cited. 12 CA 153, 157. Cited. 16 CA 303, 305, 309−311. Cited. 19
CA 334, 338. Cited. 23 CA 115, 116, 118, 120, 121; Id., 460, 464. Cited. 26 CA 17, 28, 29. Cited. 28 CA 780, 786. Cited.
29 CA 18−25, 27. Cited. Id., 28, 36. Cited. 31 CA 643, 647. Cited. 40 CA 75, 78. Cited. 49 CA 452.
Held constitutional exercise of power and land requirement in city regulations for subdivision plan within legislative
authority, but provision for cash contribution in lieu of land requirement, unconstitutional, where moneys are not collected
for direct benefit of subdivision. 27 CS 74. Cited. 31 CS 83. Cited. 43 CS 508, 513.
Subsec. (a):
Cited. 228 C. 476, 477, 479, 480, 482, 484, 485.
Cited. 8 CA 556, 558. Cited. 12 CA 153, 156. Cited. 37 CA 303, 317.
Subsec. (b):
Cited. 199 C. 575, 583.
Subsec. (c):
Cited. 37 CA 303, 318.
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(P.A. 84-330, S. 6; P.A. 98-250, S. 21, 39.)
History: P.A. 98-250 created exception to municipality's responsibility for noncertified water companies supplying
more than two hundred fifty service connections or one thousand persons created without a certificate between October
1, 1984, and September 30, 1998, effective July 1, 1998.
See Sec. 16-262m for definition of "water company".
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(P.A. 90-239, S. 2.)
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(1949 Rev., S. 859; 1959, P.A. 679, S. 6; 1963, P.A. 55, S. 2; 273, S. 1; February, 1965, P.A. 622, S. 5; 1967, P.A. 884,
S. 2; 1971, P.A. 862, S. 9; P.A. 73-550; P.A. 75-40; P.A. 77-450, S. 5; 77-545, S. 3; P.A. 78-243, S. 1, 2; P.A. 86-236, S.
3, 4; P.A. 87-215, S. 5, 7; 87-533, S. 9, 14; P.A. 89-356, S. 14; P.A. 92-191; 92-218; P.A. 93-124, S. 1; May 25 Sp. Sess.
P.A. 94-1, S. 10, 130.)
History: 1959 act permitted charging of fees for processing applications and set amounts of charges and provided for
action on "subdivision application or maps and plans submitted therewith" rather than "a subdivision plan"; 1963 acts
required commission to state grounds for "its action" rather than for "disapproval," raised the maximum fee the commission
may charge from two to three dollars for each lot and provided for newspaper publication of decision of commission; 1965
act set ten-day time limit for notice by publication in a newspaper and provided notice by mail be given within three days
instead of on or before day of notice by publication; 1967 act deleted requirement that applicant be notified of decision
within three days and required instead notification within ten days; 1971 act changed requirement that hearing notice be
published at least seven days before hearing to "publication ... at least twice at intervals of not less than two days, the first
not more than fifteen days, nor less than ten days and the last not less than two days" before hearing, required that commission
take action within sixty-five rather than sixty days of hearing or submission and that notice of decision be published and
mailed to applicant within fifteen rather than ten days and limited extensions to sixty-five days; P.A. 73-550 included
resubdivisions and subdivisions and resubdivisions in existence but not submitted to commission for approval under
requirement re application to commission; P.A. 75-40 increased minimum fee from twenty-five to thirty-five dollars and
maximum fee from three to five dollars per lot; P.A. 77-450 replaced sixty-five day limit for decision with limit equaling
period of time under Sec. 8-26d and deleted provision for sixty-five day extension; P.A. 77-545 added provisions concerning
waivers of requirements and added provisions concerning concurrent consideration of more than one plan for same or
substantially same parcel and concerning applications involving wetlands and watercourses; P.A. 78-243 increased fees
to fifty dollars or twenty-five dollars per lot; P.A. 86-236 specified that the provisions of the section shall apply to any
municipality which exercises planning power pursuant to any special act; P.A. 87-215 authorized commission to provide
by regulation for additional notice by mail to adjacent landowners; P.A. 87-533 substituted provision requiring filing of
applications simultaneously with inland wetlands applications, prohibiting a decision until after submission of the report
of the inland wetlands agency and requiring consideration of such report for prior provision requiring that applicant file
copy of application with agency responsible for administering wetlands regulation; P.A. 89-356 added provision authorizing
the person who made a subdivision or resubdivision application to provide for the publication of the notice of the decision
of the commission when such notice is not published in a timely manner; P.A. 92-191 added provision that an application
is not "pending before the commission" if the commission has rendered a decision and such decision has been appealed
to the superior court; P.A. 92-218 added provision re consideration of information on passive solar energy techniques;
P.A. 93-124 eliminated the statutory fee schedule and authorized planning commissions to establish a fee schedule sufficient
to cover the cost of processing applications; May 25 Sp. Sess. P.A. 94-1 made technical changes, effective July 1, 1994.
Planning commission cannot act until it adopts regulations. On adoption of regulations, a subdivision plan which
complies with regulations must be approved. 141 C. 79. Master plan adopted by planning commission is controlling only
as to municipal improvements and regulation of subdivisions of land. 144 C. 117. Burden of proving one is aggrieved is
on plaintiff; must show special injury affecting property or other legal right. 145 C. 674. Prior to 1963 amendment, beginning
date of appeal period was day of announcement of decision to interested parties. 151 C. 269. Statute not applicable to
commission created by special act where said act made no provision for appeal. 151 C. 635. Cited. 154 C. 600, 603. Under
special act where town council denied application for approval of subdivision, appellant from such decision must allege
and prove his aggrievement. 155 C. 1. Parties cannot by stipulating that plaintiffs are aggrieved confer jurisdiction for
appeal. Proof of aggrievement is essential prerequisite to court's jurisdiction. 156 C. 505. Appeal sustained where planning
board had adopted regulations contrary to provisions of sections 8-25 and 8-26. Subdivision regulation is creature of statute
and must conform to statutory provisions. Id., 540. Cited. Id., 588. Failure to publish decision within specified time, grounds
for reversal. 163 C. 379. Cited. 171 C. 480, 483, 485, 487. Cited. Id., 512−515. Cited. 172 C. 572, 574, 576. Cited. 176 C.
475−477; id., 581, 582, 584−586, 589, 591, 593, 594, 596−598. Cited. 179 C. 650, 661. Cited. 181 C. 243−248. Superior
court not limited to record before planning commission on issue of aggrievement; person does not become aggrieved until
board has acted. Id., 442, 444, 445. Cited. 184 C. 450, 452−454. Where plaintiff company claimed it was entitled to a
certificate of approval for a subdivision plan by operation of law on commission's failure to act within the time allowed
by Sec. 8-26d, request for writ of mandamus was denied when court determined that plaintiff had withdrawn its original
application. 187 C. 232 et seq. Cited. 192 C. 353, 360, 361. Cited. 193 C. 387−389, 392. Motion to approve failed to carry,
therefore application was denied; action substantially complied with requirements of section. 196 C. 676, 677, 679, 681−
684. Cited. 213 C. 604, 607. "Pending before commission" includes commission decisions on appeal to superior court.
219 C. 303, 305, 306, 309−314. P.A. 77-545 cited. Id. Cited. Id., 511, 513, 514, 519. Cited. 222 C. 380, 384, 385, 387,
388, 390, 393. Cited. Id., 911. Cited. Id., 912. Cited. 223 C. 171, 179. Cited. 225 C. 432, 434, 436, 439−444. Cited. 227
C. 71, 98. Cited. Id., 910. Cited. 229 C. 325−327. Cited. 232 C. 44, 48, 53−56.
A motion to approve an application which fails to carry does not constitute action required by this statute and is construed
as failure of the commission to act. 1 CA 621−627. Cited. 3 CA 556, 563. Cited. 5 CA 509, 514, 515. Cited. 6 CA 34, 36,
39−42. Cited. Id., 284−286, 288, 289. Cited. 7 CA 684, 688, 691. Cited. 8 CA 556, 560−562. Cited. 12 CA 153, 156. Cited.
16 CA 303, 305, 307−310. Cited. 18 CA 488, 496. Cited. 21 CA 667, 670, 671, 673. Cited. 22 CA 255, 259. Cited. 23 CA
75, 79. Cited. 25 CA 61, 67; Id., 572−575. Cited. 26 CA 17, 18, 21, 22, 27−30. Cited. 27 CA 412, 419, 420. Cited. Id.,
443−445, 447−451. Cited. Id., 508, 511. Cited. 28 CA 674, 679. Cited. Id., 780, 786. Cited. 29 CA 1, 7. Cited. Id., 28, 36.
Cited. Id., 469, 476, 478. P.A. 77-545 cited. Id. Cited. 30 CA 85, 94. Cited. Id., 395, 401. Cited. 31 CA 643−651. Cited.
35 CA 191, 197. Cited. Id., 599, 608. Cited. 37 CA 303, 306, 307, 311−314. Cited. Id., 348, 351, 352. Cited. 40 CA 840,
842. Cited. 45 CA 89.
Action for mandamus against planning and zoning board for refusal to approve residential subdivision in light industrial
zone denied; discretionary with board; legal remedy through appeal. 17 CS 271. Cited. 26 CS 169, 170. Intended to provide
appeal for persons aggrieved by inferred approval, not successful applicants for certificates. 31 CS 85. Cited. 39 CS 306,
309−311. Cited. 41 CS 196, 207, 208. Cited. 43 CS 508, 513.
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(b) Notwithstanding the provisions of any general or special act or local ordinance,
when a change is adopted in the zoning regulations or boundaries of zoning districts of
any town, city or borough, no lot or lots shown on a subdivision plan for residential
property which has been approved, prior to the effective date of such change, by the
planning commission of such town, city or borough, or other body exercising the powers
of such commission, and filed or recorded with the town clerk, shall be required to
conform to such change.
(1959, P.A. 58; 59; February, 1965, P.A. 422; 1969, P.A. 396; 1971, P.A. 215; P.A. 84-147, S. 2.)
History: 1965 act amended Subsec. (b) to provide buildings to be erected on lots in already approved subdivision shall
not be required to conform to changes in zoning regulations; 1969 act replaced in Subsecs. (a) and (b) the deadlines for
conforming to changes in regulations, i.e., from "three years ... from approval of subdivision plan" to "five years ... from
the effective date of such change"; 1971 act deleted qualifying phrase "for residential property" modifying "subdivision
plan"; P.A. 84-147 removed references to a five-year deadline for conformity with changes in subdivision regulations or
zoning regulations or boundaries.
See Secs. 8-28a and 8-28b re guarantee that change in zoning regulations or districts or in subdivision regulations does
not affect approved subdivision plan.
Subdivision plan must have been formally approved prior to effective date of change in order to be covered by this
section. 148 C. 299. Cited. 153 C. 194. Not applicable where plaintiffs had filed maps of subdivisions prior to adoption
of regulations where subdivision plan had never been approved. 155 C. 185.
Cited. 25 CA 85, 86, 90, 91. Cited. 35 CA 820, 823, 824.
Subsec. (b):
Cited. 35 CA 820, 823−825. Cited. 36 CA 98, 105.
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(1961, P.A. 547; 1967, P.A. 64, S. 2; 383, S. 2.)
History: 1967 acts required that report be made within thirty rather than fifteen days, included subdivisions which
"abut" land in two or more municipalities, allowed for possibility of involvement of more than one region or planning
agency and substituted "does not disapprove" for "approves".
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(b) The subdivider or his successor in interest may apply for and the commission
may grant one or more extensions of the time to complete all or part of the work in
connection with such subdivision, provided the time for all extensions under this subsection shall not exceed ten years from the date the subdivision was approved. If the commission grants an extension of an approval, the commission may condition the approval on
a determination of the adequacy of the amount of the bond or other surety furnished
under section 8-25, securing to the municipality the actual completion of the work.
(c) In the case of a subdivision plan approved on or after October 1, 1977, failure
to complete all work within such five-year period or any extension thereof shall result
in automatic expiration of the approval of such plan provided the commission shall file
on the land records of the town in which such subdivision is located notice of such
expiration and shall state such expiration on the subdivision plan on file in the office
of the town clerk of such town, and no additional lots in the subdivision shall be conveyed
by the subdivider or his successor in interest as such subdivider except with approval
by the commission of a new application for subdivision of the subject land. If lots have
been conveyed during such five-year period or any extension thereof, the municipality
shall call the bond or other surety on said subdivision to the extent necessary to complete
the bonded improvements and utilities required to serve those lots. "Work" for purposes
of this section means all physical improvements required by the approved plan, other
than the staking out of lots, and includes but is not limited to the construction of roads,
storm drainage facilities and water and sewer lines, the setting aside of open space and
recreation areas, installation of telephone and electric services, planting of trees or other
landscaping, and installation of retaining walls or other structures.
(d) Notwithstanding the provisions of this section, any subdivision approval made
under this section on or before October 1, 1991, shall expire not more than seven years
from the date of such approval and the commission may grant one or more extensions
of time to complete all or part of the work in connection with such subdivision, provided
the time for all extensions under this subsection shall not exceed ten years from the date
the subdivision was approved. If the subdivider or his successor in interest submits
evidence to the commission that completion of the project was delayed because of a
state or federal construction project, the approval shall expire not more than ten years
from the date of such approval and the commission may grant one or more extensions
of time to complete all or part of the work in connection with such subdivision, provided
the time for all extensions shall not exceed fifteen years from the date the subdivision
was approved. If the subdivider or his successor in interest prevails in an appeal of a
decision of the commission on the subdivision under section 8-8, the time to complete
the subdivision shall be tolled for the time of such appeal and until the commission
implements the judicial decision.
(1967, P.A. 677, S. 2; P.A. 77-545, S. 4; P.A. 78-104, S. 6; P.A. 87-371, S. 3, 5; P.A. 91-153, S. 2; P.A. 93-19, S. 2, 3;
May 25 Sp. Sess. P.A. 94-1, S. 11, 130; P.A. 95-322; P.A. 98-188, S. 1, 5.)
History: P.A. 77-545 required that endorsement state date on which five-year period expires and added Subsec. (b) re
subdivision plans approved on or after October 1, 1977; P.A. 78-104 reworded ban on conveyance of lots after approval
expires and substituted "bonded improvements and utilities" for "work"; P.A. 87-371 inserted reference to Sec. 8-26g;
P.A. 91-153 added Subsec. (c) which provided that site plans approved on or before October 1, 1989, be valid for seven
years after the date of such approval; P.A. 93-19 inserted new Subsec. (b) re extensions of time to complete work on a
subdivision, relettered former Subsecs. (b) and (c) accordingly and amended newly relettered Subsec. (d) to authorize
extensions of time to complete subdivisions approved on or before October 1, 1989, effective April 21, 1993; May 25 Sp.
Sess. P.A. 94-1 amended Subsec. (c) by making technical change, adding reference to extensions of subdivision plans,
effective July 1, 1994; P.A. 95-322 amended Subsec. (d) to make seven-year expiration limit applicable to approvals made
on or before October 1, 1991, rather than October 1, 1989, and to add provision re extension of time in the case of a project
delayed because of state or federal construction project; P.A. 98-188 amended Subsec. (d) by adding provision re tolling
of time for completion when there is an appeal of a decision by the commission, effective June 4, 1998.
Cited. 228 C. 476, 477, 479, 480, 483.
Cited. 17 CA 344, 351. Cited. 18 CA 569, 572, 576.
Subsec. (b):
Cited. 228 C. 476, 480.
Subsec. (c):
Cited. 49 CA 452.
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(b) A decision on an application for subdivision approval, on which no hearing is
held, shall be rendered within 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.
(c) For purposes of subsection (a) or (b) of this section, the receipt of an application,
request or appeal shall be the day of the next regularly scheduled meeting of such commission or board, immediately following the day of submission to such board or commission or its agent of such application, request or appeal or thirty-five days after such
submission, whichever is sooner. If the commission or board does not maintain an office
with regular office hours, the office of the clerk of the municipality shall act as the agent
of such commission or board for the receipt of any application, request or appeal.
(d) Notwithstanding the provisions of this section, if an application involves an
activity regulated pursuant to sections 22a-36 to 22a-45, inclusive, and the time for a
decision by a planning commission established pursuant to this section would elapse
prior to the thirty-fifth day after a decision by the inland wetlands, the time period for
a decision shall be extended to thirty-five days after the decision of such agency. The
provisions of this subsection shall not be construed to apply to any extension consented
to by an applicant.
(1971, P.A. 862, S. 13; P.A. 77-450, S. 6; P.A. 78-104, S. 2; P.A. 82-81, S. 2; P.A. 87-533, S. 11, 14; P.A. 99-21, S. 2.)
History: P.A. 77-450 inserted new Subsecs. (a) and (b) and reworded former provisions which were designated as
Subsec. (c); P.A. 78-104 amended Subsec. (a) to allow more than one extension and to change the duration of extension
time from double the original period to time period equaling the original period, amended Subsec. (b) to allow more than
one extension, and amended Subsec. (c) to replace references to "official receipt" with references to "submission" and to
allow submission to agent of board or commission; P.A. 82-81 provided that town clerk would act as agent for receipt of
documents for any board or commission not having regular office hours; P.A. 87-533 added Subsec. (d) regarding applications involving activities regulated pursuant to Secs. 22a-36 to 22a-45, inclusive; P.A. 99-21 amended Subsec. (a) to extend
the time for completion of a hearing from thirty to thirty-five days after commencement.
Cited. 181 C. 243, 246. Where plaintiff company claimed it was entitled to a certificate of approval for a subdivision
plan by operation of law on commission's failure to act within time allowed by this section, request for writ of mandamus
was denied when court determined that plaintiff had withdrawn its original application. 187 C. 232 et seq. Cited. 193 C.
387, 388, 392. Cited. 196 C. 676, 678. Cited. 219 C. 303, 306. Cited. 222 C. 380, 384, 385. Cited. Id., 912. Cited. 225 C.
432, 440.
Cited. 1 CA 621, 622. Cited. 6 CA 34−37. Cited. Id., 284−286, 288. Cited. 7 CA 684, 691. Cited. 8 CA 556, 561. Cited.
27 CA 443, 451. Cited. 35 CA 599, 608. Cited. 37 CA 348.
Cited. 39 CS 306, 309.
Subsec. (a):
Cited. 6 CA 34, 38.
Cited. 39 CS 306, 309−311.
Subsec. (b):
Cited. 187 C. 232, 233. Cited. 219 C. 303, 306, 312. Cited. 222 C. 269, 276.
Cited. 27 CA 443−445, 449, 450. Cited. 37 CA 348, 350.
Subsec. (c):
Cited. 187 C. 232, 234. Cited. 193 C. 387, 392. Cited. 219 C. 303, 312.
Cited. 27 CA 443, 449. Cited. 37 CA 348, 350.
Cited. 39 CS 306.
Subsec. (d):
Cited. 37 CA 348, 354.
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(1971, P.A. 862, S. 15; P.A. 73-616, S. 6; P.A. 77-509, S. 9; P.A. 78-104, S. 3; P.A. 87-215, S. 6, 7; P.A. 89-356, S. 15.)
History: P.A. 73-616 required that first notice be not less than ten days before hearing rather than two days before; P.A.
77-509 changed effective date for permits or exceptions from time fixed by commission to time of filing in clerk's office
and in land records; P.A. 78-104 deleted specific reference to sixty-five day period for holding hearing and replaced sixty-
five day period for rendering decision with period of time under Sec. 8-26d; P.A. 87-215 authorized commission to provide
by regulation for additional notice by mail to adjacent landowners; P.A. 89-356 added provision authorizing the person
who requested or applied for a special permit or special exception to provide for the publication of the notice of the decision
of the commission when such notice is not published in a timely manner.
Cited. 213 C. 604, 607.
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(P.A. 87-307, S. 3; P.A. 89-175, S. 5, 7.)
History: P.A. 89-175 changed mailing requirement for notice to adjoining municipality from registered mail to certified
mail, return receipt requested.
Cited. 220 C. 556, 557.
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(b) In the case of a subdivision plan approved on or after June 19, 1987, failure to
complete all work within such ten-year period shall result in automatic expiration of
the approval of such plan provided the commission shall file on the land records of the
town in which such subdivision is located notice of such expiration and shall state such
expiration on the subdivision plan on file in the office of the town clerk of such town,
and no additional lots in the subdivision shall be conveyed by the subdivider or his
successor in interest as such subdivider except with approval by the commission of a
new application for subdivision of the subject land. If lots have been conveyed during
such ten-year period, the municipality shall call the bond or other surety on said subdivision to the extent necessary to complete the bonded improvements and utilities required
to serve those lots. "Work" for purposes of this section means all physical improvements
required by the approved plan, other than the staking out of lots, and includes but is not
limited to the construction of roads, storm drainage facilities and water and sewer lines,
the setting aside of open space and recreation areas, installation of telephone and electric
services, planting of trees or other landscaping, and installation of retaining walls or
other structures.
(P.A. 87-371, S. 4, 5.)
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(P.A. 00-84, S. 2, 6.)
History: P.A. 00-84 effective July 1, 2000.
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(1949 Rev., S. 860; 1951, 1953, S. 388d; 1959, P.A. 679, S. 7.)
History: 1959 act removed phrase "in unapproved subdivisions" in authorization to prohibit or regulate building permits,
thus broadening power to include all buildings and structures not just those in unapproved subdivisions.
Cited. 151 C. 323. This section held not to authorize town to adopt a subdivision regulation imposing a charge against
a real estate developer as a condition for granting permission to proceed with an approved subdivision plan when such
charge was purportedly to cover reasonable costs incurred by the town for engineering services to inspect work done on
public improvements in the subdivision. 153 C. 236, 237.
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(1949 Rev., S. 861; 1951, S. 389d; 1963, P.A. 169; 273, S. 2; February, 1965, P.A. 622, S. 6; 1971, P.A. 501; 862, S.
10; P.A. 76-436, S. 294, 681; P.A. 77-450, S. 7; P.A. 78-280, S. 1, 127; P.A. 80-151; P.A. 81-154; P.A. 82-472, S. 21,
183; June Sp. Sess. P.A. 83-29, S. 59, 82; P.A. 84-227, S. 2; P.A. 85-284, S. 4; P.A. 88-79, S. 2, 4; 88-364, S. 75, 123;
P.A. 89-356, S. 2.)
History: 1963 acts provided for time period to run from publication of notice of action rather than from date of action
and required return of original papers or certified copies; 1965 act specified publication of notice from which time limit
for appeal runs be notice pursuant to the provisions of Sec. 8-26, required publication of notice of all official actions within
ten days and added provisions concerning appeals in cases where approval is inferred because of commission's failure to
act; 1971 acts replaced reference to appeal within twenty days of expiration of sixty-day period with provision for appeal
within twenty days of date approval becomes effective and required publication of notice within fifteen rather than ten
days of action or decision and required appeal within twenty days of expiration of sixty-five day period; P.A. 76-436
substituted superior court for court of common pleas and added references to judicial districts, effective July 1, 1978; P.A.
77-450 deleted reference to appeal within twenty days of expiration of sixty-five day period, referring instead to expiration
of period under Sec. 8-26d; P.A. 78-280 deleted references to counties; P.A. 80-151 allowed appeals by persons owning
land abutting or within one-hundred-foot radius of land involved in decision; P.A. 81-154 provided method for service of
notice of appeals; P.A. 82-472 made technical corrections; June Sp. Sess. P.A. 83-29 added provision re right to further
review of appellate court in manner as provided in Sec. 8-8; P.A. 84-227 added Subsec. (b) re a hearing on a motion to
dismiss the appeal made by the person who applied for the commission's action or decision where each appellant has the
burden of proving his standing to bring the appeal, and added Subsec. (c) prohibiting withdrawal or settlement without
court approval; P.A. 85-284 provided for notice of appeals to be given to the chairman or clerk of the commission and the
clerk of the municipality, rather than just one; P.A. 88-79 amended Subsec. (a) to add proviso that service of the notice of
the appeal upon the clerk of the municipality is for the purpose of providing additional notice of such appeal to the board
and does not thereby make such clerk a necessary party to such appeal; P.A. 88-364 made technical change correcting
reference in P.A. 88-79 from "board" to "commission"; P.A. 89-356 replaced provisions re the procedure for taking an
appeal from an action or decision of a planning commission by an aggrieved person or a person owning land which abuts
or is within a radius of one hundred feet of any portion of the land involved in the decision, including provisions re time
limits for taking the appeal, venue, service of notice of the appeal and right to further review, with "Any appeal from an
action or decision of a planning commission shall be taken pursuant to the provisions of section 8-8", deleted Subsec. (b)
re a hearing on a motion to dismiss the appeal made by the person who applied for the commission's action or decision
where each appellant has the burden of proving his standing to bring the appeal and reenacted said provisions in part as
Subsec. (j) of Sec. 8-8, and deleted Subsec. (c) prohibiting withdrawal or settlement without court approval and reenacted
said provisions as Subsec. (n) of Sec. 8-8.
See Sec. 8-30a re applicability of appeal provisions in all municipalities.
See uncodified P.A. 88-79, S. 3 re validation and reopening of certain appeals which failed to name the clerk of the
municipality as a party to the appeal in the appeal citation.
Planning commission cannot act until it adopts regulations. On adoption of regulations, a subdivision plan which
complies with regulations must be approved. 141 C. 79. Master plan adopted by planning commission is controlling only
as to municipal improvements and regulation of subdivisions of land. 144 C. 117. Burden of proving one is aggrieved is
on plaintiff; must show special injury affecting property or other legal right. 145 C. 674. Prior to 1963 amendment, beginning
date of appeal period was day of announcement of decision to interested parties. 151 C. 269. Statute not applicable to
commission created by special act where said act made no provision for appeal. 151 C. 635. Cited. 154 C. 600, 603. Under
special act where town council denied application for approval of subdivision, appellant from such decision must allege
and prove his aggrievement. 155 C. 1. Parties cannot by stipulating that plaintiffs are aggrieved confer jurisdiction for
appeal. Proof of aggrievement is essential prerequisite to court's jurisdiction. 156 C. 505. Appeal sustained where planning
board had adopted regulations contrary to provisions of sections 8-25 and 8-26. Subdivision regulation is creature of statute
and must conform to statutory provisions. Id., 540. Cited. Id., 588. Failure to publish decision within specified time, grounds
for reversal. 163 C. 379. Cited. 171 C. 480, 483, 485, 487. Cited. Id., 512−515. Cited. 172 C. 572, 574, 576. Cited. 176 C.
475−477; id., 581, 582, 584−586, 589, 591, 593, 594, 596−598. Cited. 179 C. 650, 661. Superior court not limited to record
before planning commission on issue of aggrievement; person does not become aggrieved until board has acted. 181 C.
442, 444, 445. Cited. 183 C. 362, 363, 365. Cited. 194 C. 277−279. Cited. 196 C. 192, 194. Cited. 203 C. 109, 116, 122.
"A true and attested copy" is not required to be a duplicate original. 210 C. 1−3. Cited. 211 C. 78, 81, 82. Cited. 222 C.
380, 390.
Cited. 1 CA 621, 624, 625. Cited. 5 CA 520, 521, 523. Cited. 7 CA 238, 239, 242. Cited. Id., 684, 691. Cited. 14 CA
283, 285. Cited. 18 CA 488, 495. Public act 89-79 cited. Id., 722, 727−729. Cited. 21 CA 370, 372. Cited. 23 CA 75, 78−
80. Cited. 42 CA 318. Cited. 43 CA 512.
Action for mandamus against planning and zoning board for refusal to approve residential subdivision in light industrial
zone denied; discretionary with board; legal remedy through appeal. 17 CS 271. Cited. 26 CS 169, 170. Intended to provide
appeal for persons aggrieved by inferred approval, not successful applicants for certificates. 31 CS 85. Notice by publication
complies with constitutional requirement of due process, given the need to alert a potentially large number of people
whenever a zoning commission renders a decision. 38 CS 590−593. Cited. 39 CS 306, 308, 309.
Subsec. (a):
Cited. 205 C. 413, 418. Cited. 207 C. 67−70. Cited. 208 C. 146, 151. Citation of commission constituted sufficient
compliance. 210 C. 432−434. Cited. 211 C. 416, 421, 423. Cited. 212 C. 375, 380. Cited. Id., 727, 730.
Cited. 18 CA 195, 203.
Subsec. (b):
Cited. 209 C. 609, 611.
Cited. 13 CA 400, 402, 404, 405. Cited. 18 CA 488, 490.
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(1959, P.A. 384, S. 1.)
See Sec. 8-26a re effect of change in subdivision or zoning regulations after approval of subdivision plan.
In order to fall within this section, subdivision plan must be formally approved by planning commission. 148 C. 299.
Cited. 153 C. 194. Plaintiff need not conform to a zoning change made after a proper application for tentative approval of
a subdivision was accepted, but before final approval was granted. 154 C. 252. Cited. 222 C. 380, 383.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1959, P.A. 385, S. 1.)
See Sec. 8-26a re effect of change in subdivision or zoning regulations after approval of subdivision plan.
Cited. 153 C. 194. Cited. 222 C. 380, 383.
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(1951, 1953, S. 390d; 1959, P.A. 667.)
History: 1959 act provided for notice to mortgagees of record and added provision for recording of notice of taking of
an easement and of description of easement.
See Sec. 7-31 re filing requirements for maps of surveys or plots.
See chapter 205 re municipal tax liens generally.
Cited. 153 C. 194. This section held not to authorize town to adopt a subdivision regulation imposing a charge against
a real estate developer as a condition for granting permission to proceed with an approved subdivision plan when such
charge was purportedly to cover reasonable costs incurred by the town for engineering services to inspect work done on
public improvements in the subdivision. 153 C. 236, 237. Where defendant planning commission undertook to widen
highways, assessment of damages on strict square-foot basis erroneous as proper measure of damages is difference between
market value of whole tract before taking and value of what remained thereafter. 154 C. 695. Cited. 159 C. 1. Affected
persons entitled to appeal under this section are those to be given notice under section. Plaintiffs waived their right to
object to failure of personal notice when they appealed without objection at the hearing. 168 C. 285. Cited. 179 C. 650,
656, 660. Cited. 184 C. 1, 8.
Cited. 26 CS 169.
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(1951, 1953, S. 391d; P.A. 76-436, S. 295, 681; P.A. 78-280, S. 1, 127; June Sp. Sess. P.A. 83-29, S. 60, 82; P.A. 89-
356, S. 18.)
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(February, 1965, P.A. 192; P.A. 89-356, S. 5.)
History: P.A. 89-356 replaced reference to "sections 8-28 and 8-30" with "section 8-8."
Rights of appeal from planning commission are governed by sections 8-28 and 8-30 rather than city charter. 159 C. 1.
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