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 more than thirty days after the time for taking
an appeal from the action of the commission has elapsed or not more than thirty days
after the date that plans modified in accordance with the commission's approval and
that comply with section 7-31 are delivered to the commission, whichever is later, and
in the event of an appeal, not more than thirty days after the termination of such appeal
by dismissal, withdrawal or judgment in favor of the applicant or not more than thirty
days after the date that plans modified in accordance with the commission's approval
and that comply with section 7-31 are delivered to the commission, whichever is later.
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 held in accordance
with the provisions of section 8-7d. 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.
(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 such person 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;
P.A. 01-52; P.A. 03-177, S. 6.)
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"; P.A. 01-52 amended Subsec. (a) to change the time for delivery of approved subdivision plans from not less than thirty days to not
more than thirty days and add provisions re modified plans and amended Subsec. (b) to make a technical change for
purposes of gender neutrality; P.A. 03-177 replaced provisions in Subsec. (a) re publication of notice of time, place and
purpose of public hearing with requirement that the public hearing be held in accordance with Sec. 8-7d, effective October
1, 2003, and applicable to applications filed on or after that date.
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. Sale of lots in approved subdivision not required for municipality to call performance bond. 254 C. 348.
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. Fact that a performance
bond was provided pursuant to the statute that protects municipalities from being left with inadequate resources to complete
subdivision improvements, coupled with unambiguous language of the bond, clearly supports conclusion that the bond
was available to plaintiff to complete the subdivision even though plaintiff had become a successor developer. 71 CA 715.
Planning commission cannot enact subdivision regulation that effectively amends or alters a zoning ordinance because
commission would be exceeding its statutory mandate. 76 CA 280.
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.
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.
(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".
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.
(P.A. 90-239, S. 2.)
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. Such public hearing
shall be held in accordance with the provisions of section 8-7d. 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.
(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; P.A. 03-177, S. 7.)
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;
P.A. 03-177 replaced provisions re publication of notice of public hearing and notice to adjacent landowners with requirement that the public hearing be held in accordance with Sec. 8-7d, effective October 1, 2003, and applicable to applications
filed on or after that date.
See Sec. 7-159b re preapplication review of use of property.
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. Commission's vote to reject subdivision
application was action within meaning of section; application could not be deemed approved for failure to act. 253 C. 381.
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. Commission's vote to reject plaintiff's application for approval of a subdivision plan is equivalent
to disapproval of the application and did not constitute an action that would trigger automatic approval provision of the
statute. 54 CA 645. Clause "which conflicts with applicable zoning regulations" has as its antecedent not "the property"
but "any such subdivision or resubdivision". City cannot reject subdivision application on the basis of existing zoning
violations, where the violations are not inherent in the application. 66 CA 317. Section prohibits commission from approving
subdivision that conflicts with applicable zoning regulations. 79 CA 614.
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.
Sec. 8-26a. Effect of change in subdivision or zoning regulations or boundaries
of districts 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.
(b) (1) 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 or resubdivision 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.
(2) (A) Any construction on a vacant lot on a subdivision or resubdivision plan
approved before, on or after June 1, 2004, shall not be required to conform to a change
in the zoning regulations or boundaries of zoning districts in a town, city or borough
adopted after the approval of the subdivision or resubdivision. Notwithstanding subdivision (1) of this subsection, any construction on an improved lot on a subdivision or
resubdivision plan approved before, on or after June 1, 2004, shall be required to conform
to a zoning change adopted subsequent to said lot becoming an improved lot.
(B) For purposes of this subsection, (i) a lot shall be deemed vacant until the date
a building permit is issued with respect thereto and a foundation has been completed in
accordance with such building permit but shall not be deemed vacant if any structures
on such lot are subsequently demolished, and (ii) a lot shall be deemed improved after
the date a building permit is issued with respect thereto and a foundation has been
completed in accordance with such building permit.
(3) This subsection shall not alter or affect a nonconforming use or structure as
provided in section 8-2.
(1959, P.A. 58; 59; February, 1965, P.A. 422; 1969, P.A. 396; 1971, P.A. 215; P.A. 84-147, S. 2; P.A. 04-210, S. 1.)
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; P.A. 04-210 amended Subsec. (b) by designating existing provisions as Subdiv. (1) and
applying said provisions to resubdivisions and by adding new Subdivs. (2) and (3) exempting construction on vacant lots
from conformance to zoning changes, requiring construction on improved lots to conform to such changes and specifying
that provisions of statute do not alter status of nonconforming uses or structures, effective June 1, 2004.
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. Plaintiff's' 1954 subdivision plan that included his lot and was
approved, filed and recorded in the town placed lot within the scope of subsection and gave plaintiff a vested right; any
subsequently enacted regulations are not applicable to plaintiff and do not prevent plaintiff from receiving a zoning permit
for subsequent improvements that would otherwise violate subsequently enacted regulations. 75 CA 289.
Sec. 8-26b. Notice 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, give
written notice of such subdivision plan to the regional planning agency or agencies of
the region in which it or the other municipality is located. Such notice shall be made by
certified mail, return receipt requested not later than thirty days before the public hearing
to be held in relation thereto. A regional planning agency receiving such notice shall,
at or before the hearing report to each such planning commission and to the proponent
of such subdivision on 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, at or before the hearing, 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.
(1961, P.A. 547; 1967, P.A. 64, S. 2; 383, S. 2; P.A. 03-177, S. 8.)
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"; P.A. 03-177 replaced provision requiring that plan be submitted to
the regional planning agency with requirement that notice of such plan be given and required the regional planning agency
to submit report at or before the public hearing instead of within thirty days, effective October 1, 2003, and applicable to
application filed on or after that date.
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.
(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. Sale of lots in approved subdivision not required for municipality to call performance bond. 254 C. 348.
Cited. 17 CA 344, 351. Cited. 18 CA 569, 572, 576.
Subsec. (b):
Cited. 228 C. 476, 480.
Statute that allows zoning commission to require successor developer to submit new application and to post a bond of
its own was permissive and did not require plaintiff to post a substitute bond. 71 CA 715.
Subsec. (c):
Cited. 49 CA 452. Trial court reversed; statute unambiguously states that if subdivision improvements are not completed,
town may require a surety to complete the improvements to the extent necessary to serve conveyed lots, and in this case
no lots were conveyed so no improvements were required. 54 CA 328. Statute that allows zoning commission to require
successor developer to submit new application and to post a bond of its own was permissive and did not require plaintiff
to post a substitute bond. 71 CA 715.
Sec. 8-26d. Hearings and decisions. In all matters wherein a formal application,
request or appeal is submitted to a planning commission under this chapter all public
hearings shall be held and all decisions made in accordance with the provisions of section
8-7d.
(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;
P.A. 03-177, S. 9.)
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; P.A. 03-177 replaced former
provisions with requirement that all public hearings and decisions be made in accordance with Sec. 8-7d, effective October
1, 2003, and applicable to applications filed on or after that date.
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. Statute creates two alternative trigger dates for
commencement of the applicable time period. 256 C. 674.
Cited. 27 CA 443, 449. Cited. 37 CA 348, 350.
Cited. 39 CS 306.
Subsec. (d):
Cited. 37 CA 348, 354.
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. Any such public hearing shall be held in accordance with the provisions of section 8-7d. 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.
(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; P.A. 03-177, S. 10.)
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; P.A. 03-177 replaced provisions re publication
of notice of time and place for public hearing and notice to adjacent landowners with requirement that the public hearing
be held in accordance with Sec. 8-7d, effective October 1, 2003, and applicable to applications filed on or after that date.
Cited. 213 C. 604, 607.
Sec. 8-26f. Notice to adjoining municipalities. Section 8-26f is repealed, effective October 1, 2003.
(P.A. 87-307, S. 3; P.A. 89-175, S. 5, 7; P.A. 03-177, S. 14.)
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.
(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.)
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 are 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.
(P.A. 00-84, S. 2, 6; P.A. 01-195, S. 14, 181.)
History: P.A. 00-84 effective July 1, 2000; P.A. 01-195 made a technical change, effective July 11, 2001.
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.
(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.
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.
(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.
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.
(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.
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.
(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.
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 munici