OLR Bill Analysis

sSB 405

AN ACT CONCERNING PUBLIC HEARINGS ON SUBDIVISION APPLICATIONS.

SUMMARY:

This bill prohibits a municipal planning commission from holding a public hearing on a subdivision proposal. Under current law, a commission may hold a public hearing if it determines circumstances require it. This prohibition applies to all municipalities, regardless of whether they zone under the statutes or a special act.

As under current law, a commission cannot act on a resubdivision plan without a public hearing.

EFFECTIVE DATE: October 1, 2014

BACKGROUND

Definition of Subdivision and Resubdivision

“Subdivision” means the division a land parcel into three or more lots after adoption of subdivision regulations, for the purpose of sale or building development, except development for municipal, conservation, or agricultural purposes. “Resubdivision” means a change in an approved or recorded subdivision map that (1) affects street layout; (2) affects an area reserved for public use; or (3) diminishes a lot's size and creates an additional building lot, if any of the lots shown on the map were conveyed after the map's approval or recording (CGS 8-18).

Commission's Discretion to Reject Proposal Limited

The Connecticut Supreme Court has held “[a] planning commission may neither approve nor disapprove subdivision plans until after it has adopted regulations to guide it in its approval or disapproval. The necessary implication of the statute is, therefore, that in passing upon such plans the commission is to be controlled by regulations which it has adopted. Any subdivision plan…which complies with those regulations must be approved by the commission” (Beach v. Planning & Zoning Commission, 141 Conn. 79, 83-84 (1954)). This decision has been cited in a number of subsequent land use decisions.

COMMITTEE ACTION

Planning and Development Committee

Joint Favorable Substitute

Yea

10

Nay

8

(03/21/2014)