PA 09-181—sHB 5254

Planning and Development Committee

Environment Committee

AN ACT CONCERNING EXTENDING THE TIME OF EXPIRATION OF CERTAIN LAND USE PERMITS

SUMMARY: This act gives developers more time to complete an ongoing project without seeking reapproval. When a planning and zoning commission or an inland wetlands agency approves a project, it must set an expiration date. Consequently, a developer must complete the project before that date or resubmit it to the commission for approval. The expiration date must fall within the timeframes the law specifies. The timeframes vary depending on the commission and the nature of the project.

The act extends the timeframes for projects commissions approved between July 1, 2006 and July 1, 2009. Under prior law, the timeframes ranged from within two to five years for projects in wetlands to 10 years for large-scale residential and commercial projects. In some cases, prior law allowed commissions to extend the timeframes for up to 10 years from a project's approval date.

The act's timeframes apply to all projects except large-scale residential and commercial projects approved based on a site plan, which is a tool used to determine if a proposed project conforms to the zoning regulations. The new timeframes range from six to 11 years after a project's approval date. In some cases, the act allows zoning and planning commissions to extend a six-year timeframe to 11 years after the project's approval. Its extensions do not apply for large-scale housing and business development projects approved based on site plan. The act also allows wetlands agencies to extend a permit's expiration date for up to 11 years.

EFFECTIVE DATE: Upon passage

PROJECT COMPLETION DEADLINES

The act extends the initial and extended expiration deadlines that apply to subdivisions, wetlands permits, and relatively small-scale site plans that were approved between July 1, 2006 and July 1, 2009, inclusive. The table below highlights this change.

Deadlines and Extensions under Prior Law and the Act for Projects Approved between July 1, 2006 and July 1, 2009

Deadlines

Land Use Approval

Prior Law (CGS )

Act ()

Residential site plans for projects with 400 or more units

Within 10 years after approval (CGS 8-3 (j))

No change

Business site plans for projects with at least 400,000 square feet

Between five and 10 years after approval (CGS 8-3 (j))

No change

Other site plans

Within five years of approval (CGS 8-3 (i))

Not less than six years after approval

Subdivisions plans for 400 or more dwelling units

Within 10 years of approval (CGS 8-26g)

11 years after approval

Other subdivisions

Within five years of approval (CGS 8-26c (a))

Within six years of approval

Wetlands permits for site plans and subdivisions

Permit expires five years after approval (CGS 22a-42a (d)(2))

Permits expire within six years of approval

Other wetlands

Permit expires between two and five years after approval permits (CGS 22a-42a (d)(2))

Extensions

Land Use Approval

Prior Law

Act

Residential site plans for projects with 400 or more units

No extensions (CGS 8-3 (j))

No change

Business site plans for projects with at least 400,000 square feet

Up to 10 years from approval if the initial deadline was less than 10 years (CGS 8-3 (j))

No change

Other site plans

Up to 10 years from approval (CGS 8-3 (i))

Up to 11 years from approval

Subdivision plans for 400 or more dwelling units

No extensions (CGS 8-26g)

No change

Other subdivisions

Up to 10 years from approval (CGS 8-26c (b))

Up to 11 years from approval

Wetlands permits for site plans and subdivisions

Permit expiration date may be extended up to 10 years from approval (CGS 22a-42a (d)(2))

Permit expiration date may be extended up to 11 years from approval

Other wetlands permits

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