Sec. 8-7d. Hearings and decisions. Time limits. Day of receipt. Notice to adjoining municipality. Public notice registry.
Sec. 8-7d. Hearings and decisions. Time limits. Day of receipt. Notice to adjoining municipality. Public notice registry. (a) In all matters wherein a formal petition, application, request or appeal must be submitted to a zoning commission, planning
and zoning commission or zoning board of appeals under this chapter, a planning commission under chapter 126 or an inland wetlands agency under chapter 440 or an aquifer
protection agency under chapter 446i and a hearing is required or otherwise held on
such petition, application, request or appeal, such hearing shall commence within sixty-five days after receipt of such petition, application, request or appeal and shall be completed within thirty-five days after such hearing commences, unless a shorter period of
time is required under this chapter, chapter 126, chapter 440 or chapter 446i. Notice
of the hearing shall be published in a newspaper having a general circulation in such
municipality where the land that is the subject of the hearing is located at least twice,
at intervals of not less than two days, the first not more than fifteen days or less than
ten days and the last not less than two days before the date set for the hearing. In addition
to such notice, such commission, board or agency may, by regulation, provide for additional notice. Such regulations shall include provisions that the notice be mailed to
persons who own land that is adjacent to the land that is the subject of the hearing or
be provided by posting a sign on the land that is the subject of the hearing, or both. For
purposes of such additional notice, (1) proof of mailing shall be evidenced by a certificate
of mailing, and (2) the person who owns land shall be the owner indicated on the property
tax map or on the last-completed grand list as of the date such notice is mailed. All
applications and maps and documents relating thereto shall be open for public inspection.
At such hearing, any person or persons may appear and be heard and may be represented
by agent or by attorney. All decisions on such matters shall be rendered not later than
sixty-five days after completion of such hearing, unless a shorter period of time is required under this chapter, chapter 126, chapter 440 or chapter 446i. The petitioner or
applicant may consent to one or more extensions of any period specified in this subsection, provided the total extension of all such periods shall not be for longer than sixty-five days, or may withdraw such petition, application, request or appeal.
(b) Notwithstanding the provisions of subsection (a) of this section, whenever the
approval of a site plan is the only requirement to be met or remaining to be met under
the zoning regulations for any building, use or structure, a decision on an application
for approval of such site plan shall be rendered not later than sixty-five days after receipt
of such site plan. Whenever a decision is to be made on an application for subdivision
approval under chapter 126 on which no hearing is held, such decision shall be rendered
not later than sixty-five days after receipt of such application. Whenever a decision is
to be made on an inland wetlands and watercourses application under chapter 440 on
which no hearing is held, such decision shall be rendered not later than sixty-five days
after receipt of such application. Whenever a decision is to be made on an aquifer protection area application under chapter 446i on which no hearing is held, such decision shall
be rendered not later than sixty-five days after receipt of such application. The applicant
may consent to one or more extensions of such period, provided the total period of any
such extension or extensions shall not exceed sixty-five days or may withdraw such
plan or application.
(c) For purposes of subsection (a) or (b) of this section and section 7-246a, the date
of receipt of a petition, application, request or appeal shall be the day of the next regularly
scheduled meeting of such commission, board or agency, immediately following the
day of submission to such commission, board or agency or its agent of such petition,
application, request or appeal or thirty-five days after such submission, whichever is
sooner. If the commission, board or agency does not maintain an office with regular
office hours, the office of the clerk of the municipality shall act as the agent of such
commission, board or agency for the receipt of any petition, application, request or
appeal.
(d) The provisions of subsection (a) of this section shall not apply to any action
initiated by any zoning commission, planning commission or planning and zoning commission regarding adoption or change of any zoning regulation or boundary or any
subdivision regulation.
(e) Notwithstanding the provisions of this section, if an application involves an
activity regulated pursuant to sections 22a-36 to 22a-45, inclusive, and the time for a
decision by a zoning commission or planning and zoning commission established pursuant to this section would elapse prior to the thirty-fifth day after a decision by the inland
wetlands agency, the time period for a decision shall be extended to thirty-five days
after the decision of such agency. The provisions of this subsection shall not be construed
to apply to any extension consented to by an applicant or petitioner.
(f) The zoning commission, planning commission, zoning and planning commission, zoning board of appeals, inland wetlands agency or aquifer protection agency
shall notify the clerk of any adjoining municipality of the pendency of any application,
petition, appeal, request or plan concerning any project on any site in which: (1) Any
portion of the property affected by a decision of such commission, board or agency is
within five hundred feet of the boundary of the adjoining municipality; (2) a significant
portion of the traffic to the completed project on the site will use streets within the
adjoining municipality to enter or exit the site; (3) a significant portion of the sewer or
water drainage from the project on the site will flow through and significantly impact
the drainage or sewerage system within the adjoining municipality; or (4) water runoff
from the improved site will impact streets or other municipal or private property within
the adjoining municipality. Such notice shall be made by certified mail, return receipt
requested, and shall be mailed within seven days of the date of receipt of the application,
petition, request or plan. Such adjoining municipality may, through a representative,
appear and be heard at any hearing on any such application, petition, appeal, request
or plan.
(g) (1) Any zoning commission, planning commission or planning and zoning
commission initiating any action regarding adoption or change of any zoning regulation
or boundary or any subdivision regulation or regarding the preparation or amendment
of the plan of conservation and development shall provide notice of such action in
accordance with this subsection in addition to any other notice required under any provision of the general statutes.
(2) A zoning commission, planning commission or planning and zoning commission shall establish a public notice registry of landowners, electors and nonprofit organizations qualified as tax-exempt organizations under the provisions of Section 501(c) of
the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue
code of the United States, as from time to time amended, requesting notice under this
subsection. Each municipality shall notify residents of such registry and the process for
registering for notice under this subsection. The zoning commission, planning commission or planning and zoning commission shall place on such registry the names and
addresses of any such landowner, elector or organization upon written request of such
landowner, elector or organization. A landowner, elector or organization may request
such notice be sent by mail or by electronic mail. The name and address of a landowner,
elector or organization who requests to be placed on the public notice registry shall
remain on such registry for a period of three years after the establishment of such registry.
Thereafter any land owner, elector or organization may request to be placed on such
registry for additional periods of three years.
(3) Any notice under this subsection shall be mailed to all landowners, electors
and organizations in the public notice registry not later than seven days prior to the
commencement of the public hearing on such action, if feasible. Such notice may be
mailed by electronic mail if the zoning commission, planning commission or planning
and zoning commission or the municipality has an electronic mail service provider.
(4) No zoning commission, planning commission or planning and zoning commission shall be civilly liable to any landowner, elector or nonprofit organization requesting
notice under this subsection with respect to any act done or omitted in good faith or
through a bona fide error that occurred despite reasonable procedures maintained by
the zoning commission, planning commission or planning and zoning commission to
prevent such errors in complying with the provisions of this section.
(1971, P.A. 862, S. 12; P.A. 77-450, S. 4; P.A. 78-104, S. 1; P.A. 82-81, S. 1; P.A. 87-533, S. 10, 14; P.A. 93-385, S.
2; P.A. 99-21, S. 1; P.A. 03-177, S. 5; P.A. 04-257, S. 6; P.A. 06-80, S. 1; P.A. 07-85, S. 1.)
History: P.A. 77-450 reworded previous provisions and designated them as Subsec. (c) and inserted new Subsecs. (a)
and (b) before and new Subsec. (d) after; P.A. 78-104 amended Subsec. (a) to allow more than one extension and changed
maximum extension time from double the original period to a time equaling the original period, made Subsec. (b) applicable
to cases where site plan approval is only requirement to be met or remaining to be met and clarified Subsec. (c) by replacing
references to "official receipt" with references to "submission"; 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. (e)
regarding applications involving activity regulated pursuant to Secs. 22a-36 to 22a-45, inclusive; P.A. 93-385 amended
Subsec. (b) by applying provisions to all buildings, uses or structures instead of limiting applications to proposals; P.A.
99-21 amended Subsec. (a) to extend the time for completion of a hearing from 30 to 35 days after commencement; P.A.
03-177 amended Subsec. (a) to apply provisions to planning commissions and inland wetlands agencies and add provisions
re public hearings, amended Subsec. (b) to add provisions re date for rendering decisions, amended Subsec. (c) to add
reference to Sec. 7-246a and make conforming changes and added new Subsec. (f) re notification to adjoining municipalities,
effective October 1, 2003, and applicable to applications filed on or after that date; P.A. 04-257 made technical changes
in Subsec. (a), effective June 14, 2004; P.A. 06-80 amended Subsec. (a) to add provisions re mailing and posting of
additional notice, amended Subsec. (d) to add reference to planning commission and to any subdivision regulation and
added Subsec. (g) re a public notice registry for changes initiated by commissions for zoning regulations or boundaries,
subdivision regulations or the plan of conservation and development; P.A. 07-85 amended Subsecs. (a), (b) and (f) to apply
provisions to aquifer protection agency and made technical changes in Subsecs. (a) and (b).
Cited. 192 C. 353. Cited. 194 C. 187. Cited. 206 C. 554. Cited. 211 C. 331. Cited. 219 C. 352. Cited. 222 C. 269. Cited.
224 C. 44. Cited. 225 C. 432; Id., 575. Cited. 230 C. 641. If site plan and accompanying documents are seperable, time
constraints in this section do not apply. 253 C. 183. When approval for site plan and special exception are separate actions,
provisions re statutory timelines do not apply. Id., 195.
Cited. 3 CA 556. Cited. 7 CA 684. Cited. 15 CA 561. Cited. 17 CA 405. Requirements satisfied only by commencement
of timely public hearing. 27 CA 412. Cited. 29 CA 469. Cited. 35 CA 599. Cited. 43 CA 512. When site plan is separable
from its accompanying documents and the special permit application is for a use not permitted as of right, this section is
not applicable, and where the special permit application must contain a site plan, automatic approval under this section
may not occur if commission does not meet the time limits in Sec. 8-3c. 60 CA 504. Zoning board required to hold a
hearing on plaintiff's zoning application. 69 CA 230.
Cited. 42 CS 57.
Subsec. (a):
Cited. 209 C. 812. Cited. 222 C. 911.
Cited. 14 CA 365. Cited. 23 CA 256. Cited. 33 CA 281. Cited. 35 CA 317; Id., 599. Trial court properly determined
that failure of planning and zoning commission to comply with statutory notice and hearing requirements entitled individual
plaintiffs to automatic approval of their application for special permit and site plan approval; notice of commission hearing
was invalid and because failure to give notice was a jurisdictional defect, action of commission in denying plaintiffs'
application was void. 52 CA 763.
Cited. 41 CS 196.
Subsec. (b):
Cited. 194 C. 152. Cited. 209 C. 812. Cited. 211 C. 331. Cited. 222 C. 269. Cited. 226 C. 684. Applicant's submission
of revised site plan did not create a new sixty-five-day period within which planning and zoning commission could act.
278 C. 408.
Cited. 2 CA 489. Cited. 21 CA 347; Id., 421. Cited. 35 CA 317. Section not unconstitutional just because it does not
expressly provide for a right of appeal from automatic approval of site plan applications. Id., 599. Cited. 37 CA 348.