General Assembly Committee Bill No. 491
January Session, 2011 LCO No. 3056
*03056SB00491PD_*
Referred to Committee on Planning and Development
Introduced by:
(PD)
General Assembly
Committee Bill No. 491
January Session, 2011
LCO No. 3056
*03056SB00491PD_*
Referred to Committee on Planning and Development
Introduced by:
(PD)
AN ACT REDUCING THE NUMBER OF PUBLIC HEARINGS ON SUBDIVISION AND SITE PLAN APPLICATIONS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (g) of section 8-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(g) The zoning regulations may require that a site plan be filed with the commission or other municipal agency or official to aid in determining the conformity of a proposed building, use or structure with specific provisions of such regulations. If a site plan application involves an activity regulated pursuant to sections 22a-36 to 22a-45, inclusive, the applicant shall submit an application for a permit to the agency responsible for administration of the inland wetlands regulations not later than the day such application is filed with the zoning commission. The commission shall, within the period of time established in section 8-7d, accept the filing of and shall process, pursuant to section 8-7d, any site plan application involving land regulated as an inland wetland or watercourse under chapter 440. No public hearing shall be required for a site plan application that is associated with an approved change in the zoning regulations or the boundaries of zoning districts upon which a public hearing was already held pursuant to this section. The decision of the zoning commission shall not be rendered on the site plan application until the inland wetlands agency has submitted a report with its final decision. In making its decision, the commission shall give due consideration to the report of the inland wetlands agency and if the commission establishes terms and conditions for approval that are not consistent with the final decision of the inland wetlands agency, the commission shall state on the record the reason for such terms and conditions. A site plan may be modified or denied only if it fails to comply with requirements already set forth in the zoning or inland wetlands regulations. Approval of a site plan shall be presumed unless a decision to deny or modify it is rendered within the period specified in section 8-7d. A certificate of approval of any plan for which the period for approval has expired and on which no action has been taken shall be sent to the applicant within fifteen days of the date on which the period for approval has expired. A decision to deny or modify a site plan shall set forth the reasons for such denial or modification. A copy of any decision shall be sent by certified mail to the person who submitted such plan within fifteen days after such decision is rendered. The zoning commission may, as a condition of approval of any modified site plan, require a bond in an amount and with surety and conditions satisfactory to it, securing that any modifications of such site plan are made or may grant an extension of the time to complete work in connection with such modified site plan. The commission may condition the approval of such extension on a determination of the adequacy of the amount of the bond or other surety furnished under this section. The commission shall publish notice of the approval or denial of site plans in a newspaper having a general circulation in the municipality. In any case in which such notice is not published within the fifteen-day period after a decision has been rendered, the person who submitted such plan may provide for the publication of such notice within ten days thereafter. The provisions of this subsection shall apply to all zoning commissions or other final zoning authority of each municipality whether or not such municipality has adopted the provisions of this chapter or the charter of such municipality or special act establishing zoning in the municipality contains similar provisions.
Sec. 2. Subsection (c) of section 8-26 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(c) The commission may hold a public hearing regarding any subdivision proposal if, in its judgment, the specific circumstances require such action, except that no public hearing shall be held for a subdivision proposal that is associated with an approved change in the zoning regulations or the boundaries of zoning districts upon which a public hearing was already held pursuant to section 8-3, as amended by this act. 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.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 8-3(g)
Sec. 2 October 1, 2011 8-26(c)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
8-3(g)
Sec. 2
October 1, 2011
8-26(c)
Statement of Purpose:
To reduce the number of public hearings required for certain developments.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]
Co-Sponsors: SEN. FASANO, 34th Dist.
Co-Sponsors:
SEN. FASANO, 34th Dist.
S.B. 491