Sec. 8-24. Municipal improvements.
Sec. 8-24. Municipal improvements. No municipal agency or legislative body
shall (1) locate, accept, abandon, widen, narrow or extend any street, bridge, parkway
or other public way, (2) locate, relocate, substantially improve, acquire land for, abandon, sell or lease any airport, park, playground, school or other municipally owned
property or public building, (3) locate or extend any public housing, development, redevelopment or urban renewal project, or (4) locate or extend public utilities and terminals
for water, sewerage, light, power, transit and other purposes, until the proposal to take
such action has been referred to the commission for a report. Notwithstanding the provisions of this section, a municipality may take final action approving an appropriation
for any proposal prior to the approval of the proposal by the commission pursuant to
this section. The failure of the commission to report within thirty-five days after the
date of official submission of the proposal to it for a report shall be taken as approval
of the proposal. In the case of the disapproval of the proposal by the commission the
reasons therefor shall be recorded and transmitted to the legislative body of the municipality. A proposal disapproved by the commission shall be adopted by the municipality
or, in the case of disapproval of a proposal by the commission subsequent to final action
by a municipality approving an appropriation for the proposal and the method of financing of such appropriation, such final action shall be effective, only after the subsequent
approval of the proposal by (A) a two-thirds vote of the town council where one exists,
or a majority vote of those present and voting in an annual or special town meeting, or
(B) a two-thirds vote of the representative town meeting or city council or the warden
and burgesses, as the case may be. The provisions of this section shall not apply to
maintenance or repair of existing property, public ways or buildings.
(1949 Rev., S. 857; 1959, P.A. 679, S. 5; 1963, P.A. 617; 1971, P.A. 862, S. 7; P.A. 85-365, S. 1, 2.)
History: 1959 act substituted legislative body for enumerated persons and entities and added abandonment of streets
etc. to categories of proposals; 1963 act rephrased first sentence; 1971 act changed from 30 days to 35 days the period
within which commission must report on proposal or failure to do so will be considered approval; P.A. 85-365 made a
variety of technical changes and inserted provisions concerning approval of appropriations prior to commission action and
specifying that section does not apply to maintenance or repair of existing property, public ways or buildings.
Cited. 148 C. 517. Cited. 149 C. 719. Cited. 153 C. 194. Rezoning of an area approved by zoning commission but
opposed by planning commission, reversed by courts where "transportation, water and sewerage" was lacking as planning
commission could refuse approval also of new facilities for area. 154 C. 202, 210. Only two acts of planning board are
binding without further action by other municipal agencies; designation of and assessments for municipal improvements
and action on subdivision plan. 159 C. 1. Cited. Id., 423. Cited. 160 C. 295. Whether town has abandoned a particular
street, thus necessitating referral to the town planning and zoning commission, is a question of fact, to be determined from
the circumstances. 174 C. 282. Legislature intended that coastal site plan review be part of planning or zoning application
or Sec. 8-24 referral as listed in Sec. 22a-105(b) and not a separate review. Report issued by planning and zoning commission
pursuant to a Sec. 8-24 referral is purely advisory and is not appealable. 266 C. 338.
Cited. 2 CA 213. Cited. 21 CA 77. Cited. 26 CA 540.