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General Assembly

 

Substitute Bill No. 5254

    January Session, 2009

*_____HB05254PD____031709____*

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

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

Section 1. Section 8-3 of the general statutes is amended by adding subsection (m) as follows (Effective July 1, 2009):

(NEW) (m) Notwithstanding the provisions of this section, any site plan approval made under this section on or before July 1, 2009, except an approval made under subsection (j) of this section, shall expire not less than eight years after 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 site plan, provided no approval, including all extensions, shall be valid for more than thirteen years from the date the site plan was approved.

Sec. 2. Section 8-26c of the general statutes is amended by adding subsection (e) as follows (Effective July 1, 2009):

(NEW) (e) Notwithstanding the provisions of this section, any subdivision approval made under this section on or before July 1, 2009, shall expire not less than eight years after 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 thirteen years from the date the subdivision was approved.

Sec. 3. Section 22a-42a of the general statutes is amended by adding subsection (g) as follows (Effective July 1, 2009):

(NEW) (g) Notwithstanding the provisions of subdivision (2) of subsection (d) of this section, any permit issued under this section on or before July 1, 2009, shall expire not less than eight years after the date of such approval. Any such permit shall be renewed upon request of the permit holder unless the agency finds that there has been a substantial change in circumstances that requires a new permit application or an enforcement action has been undertaken with regard to the regulated activity for which the permit was issued, provided no such permit shall be valid for more than thirteen years.

Sec. 4. Section 8-26g of the general statutes is amended by adding subsection (c) as follows (Effective July 1, 2009):

(NEW) (c) Notwithstanding the provisions of this section, any approval of a subdivision of land for a project of four hundred or more dwelling units made on or before July 1, 2009, shall expire not less than thirteen years after the date of such approval.

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2009

8-3

Sec. 2

July 1, 2009

8-26c

Sec. 3

July 1, 2009

22a-42a

Sec. 4

July 1, 2009

8-26g

Statement of Legislative Commissioners:

In section 2, after the words "provided the time for all extensions" the word "subdivision" was changed to "subsection" for technical accuracy. In section 3, "any permit issued under this section before July 1, 2009" was changed to "any permit issued under this section on or before July 1, 2009" for internal consistency.

PD

Joint Favorable Subst.-LCO