Sec. 8-25. Subdivision of land.
Sec. 8-25. Subdivision of land. (a) No subdivision of land shall be made until a
plan for such subdivision has been approved by the commission. Any person, firm or
corporation making any subdivision of land without the approval of the commission
shall be fined not more than five hundred dollars for each lot sold or offered for sale or
so subdivided. Any plan for subdivision shall, upon approval, or when taken as approved
by reason of the failure of the commission to act, be filed or recorded by the applicant
in the office of the town clerk not later than ninety days after the expiration of the appeal
period under section 8-8, or in the case of an appeal, not later than ninety days after the
termination of such appeal by dismissal, withdrawal or judgment in favor of the applicant
but, if it is a plan for subdivision wholly or partially within a district, it shall be filed in
the offices of both the district clerk and the town clerk, and any plan not so filed or
recorded within the prescribed time shall become null and void, except that the commission may extend the time for such filing for two additional periods of ninety days and
the plan shall remain valid until the expiration of such extended time. All such plans
shall be delivered to the applicant for filing or recording not more than thirty days after
the time for taking an appeal from the action of the commission has elapsed or not more
than thirty days after the date that plans modified in accordance with the commission's
approval and that comply with section 7-31 are delivered to the commission, whichever
is later, and in the event of an appeal, not more than thirty days after the termination of
such appeal by dismissal, withdrawal or judgment in favor of the applicant or not more
than thirty days after the date that plans modified in accordance with the commission's
approval and that comply with section 7-31 are delivered to the commission, whichever
is later. No such plan shall be recorded or filed by the town clerk or district clerk or
other officer authorized to record or file plans until its approval has been endorsed
thereon by the chairman or secretary of the commission, and the filing or recording of
a subdivision plan without such approval shall be void. Before exercising the powers
granted in this section, the commission shall adopt regulations covering the subdivision
of land. No such regulations shall become effective until after a public hearing held in
accordance with the provisions of section 8-7d. Such regulations shall provide that the
land to be subdivided shall be of such character that it can be used for building purposes
without danger to health or the public safety, that proper provision shall be made for
water, sewerage and drainage, including the upgrading of any downstream ditch, culvert
or other drainage structure which, through the introduction of additional drainage due
to such subdivision, becomes undersized and creates the potential for flooding on a state
highway, and, in areas contiguous to brooks, rivers or other bodies of water subject to
flooding, including tidal flooding, that proper provision shall be made for protective
flood control measures and that the proposed streets are in harmony with existing or
proposed principal thoroughfares shown in the plan of conservation and development
as described in section 8-23, especially in regard to safe intersections with such thoroughfares, and so arranged and of such width, as to provide an adequate and convenient
system for present and prospective traffic needs. Such regulations shall also provide
that the commission may require the provision of open spaces, parks and playgrounds
when, and in places, deemed proper by the planning commission, which open spaces,
parks and playgrounds shall be shown on the subdivision plan. Such regulations may,
with the approval of the commission, authorize the applicant to pay a fee to the municipality or pay a fee to the municipality and transfer land to the municipality in lieu of
any requirement to provide open spaces. Such payment or combination of payment and
the fair market value of land transferred shall be equal to not more than ten per cent of
the fair market value of the land to be subdivided prior to the approval of the subdivision.
The fair market value shall be determined by an appraiser jointly selected by the commission and the applicant. A fraction of such payment the numerator of which is one and
the denominator of which is the number of approved parcels in the subdivision shall be
made at the time of the sale of each approved parcel of land in the subdivision and
placed in a fund in accordance with the provisions of section 8-25b. The open space
requirements of this section shall not apply if the transfer of all land in a subdivision of
less than five parcels is to a parent, child, brother, sister, grandparent, grandchild, aunt,
uncle or first cousin for no consideration, or if the subdivision is to contain affordable
housing, as defined in section 8-39a, equal to twenty per cent or more of the total housing
to be constructed in such subdivision. Such regulations, on and after July 1, 1985, shall
provide that proper provision be made for soil erosion and sediment control pursuant
to section 22a-329. Such regulations shall not impose conditions and requirements on
manufactured homes having as their narrowest dimension twenty-two feet or more and
built in accordance with federal manufactured home construction and safety standards
or on lots containing such manufactured homes which are substantially different from
conditions and requirements imposed on single-family dwellings and lots containing
single-family dwellings. Such regulations shall not impose conditions and requirements
on developments to be occupied by manufactured homes having as their narrowest
dimension twenty-two feet or more and built in accordance with federal manufactured
home construction and safety standards which are substantially different from conditions
and requirements imposed on multifamily dwellings, lots containing multifamily dwellings, cluster developments or planned unit developments. The commission may also
prescribe the extent to which and the manner in which streets shall be graded and improved and public utilities and services provided and, in lieu of the completion of such
work and installations previous to the final approval of a plan, the commission may
accept a bond in an amount and with surety and conditions satisfactory to it securing to
the municipality the actual construction, maintenance and installation of such improvements and utilities within a period specified in the bond. Such regulations may provide,
in lieu of the completion of the work and installations above referred to, previous to the
final approval of a plan, for an assessment or other method whereby the municipality
is put in an assured position to do such work and make such installations at the expense
of the owners of the property within the subdivision. Such regulations may provide that
in lieu of either the completion of the work or the furnishing of a bond as provided in this
section, the commission may authorize the filing of a plan with a conditional approval
endorsed thereon. Such approval shall be conditioned on (1) the actual construction,
maintenance and installation of any improvements or utilities prescribed by the commission, or (2) the provision of a bond as provided in this section. Upon the occurrence of
either of such events, the commission shall cause a final approval to be endorsed thereon
in the manner provided by this section. Any such conditional approval shall lapse five
years from the date it is granted, provided the applicant may apply for and the commission may, in its discretion, grant a renewal of such conditional approval for an additional
period of five years at the end of any five-year period, except that the commission may,
by regulation, provide for a shorter period of conditional approval or renewal of such
approval. Any person who enters into a contract for the purchase of any lot subdivided
pursuant to a conditional approval may rescind such contract by delivering a written
notice of rescission to the seller not later than three days after receipt of written notice
of final approval if such final approval has additional amendments or any conditions
that were not included in the conditional approval and are unacceptable to the buyer.
Any person, firm or corporation who, prior to such final approval, transfers title to
any lot subdivided pursuant to a conditional approval shall be fined not more than one
thousand dollars for each lot transferred. Nothing in this subsection shall be construed
to authorize the marketing of any lot prior to the granting of conditional approval or
renewal of such conditional approval.
(b) The regulations adopted under subsection (a) of this section shall also encourage
energy-efficient patterns of development and land use, the use of solar and other renewable forms of energy, and energy conservation. The regulations shall require any person
submitting a plan for a subdivision to the commission under subsection (a) of this section
to demonstrate to the commission that such person has considered, in developing the
plan, using passive solar energy techniques which would not significantly increase the
cost of the housing to the buyer, after tax credits, subsidies and exemptions. As used
in this subsection and section 8-2, passive solar energy techniques mean site design
techniques which maximize solar heat gain, minimize heat loss and provide thermal
storage within a building during the heating season and minimize heat gain and provide
for natural ventilation during the cooling season. The site design techniques shall include, but not be limited to: (1) House orientation; (2) street and lot layout; (3) vegetation;
(4) natural and man-made topographical features; and (5) protection of solar access
within the development.
(c) The regulations adopted under subsection (a) of this section, may, to the extent
consistent with soil types, terrain, infrastructure capacity and the plan of development
for the community, provide for cluster development, and may provide for incentives
for cluster development such as density bonuses, or may require cluster development.
(1949 Rev., S. 858; November, 1955, S. N12; 1959, P.A. 577, S. 7; 669; 1971, P.A. 196; 862, S. 8; P.A. 75-131; P.A.
77-545, S. 2; P.A. 78-104, S. 5; 78-314, S. 4; P.A. 79-301; P.A. 81-254; 81-334, S. 1; P.A. 83-388, S. 8, 9; P.A. 85-91, S.
4, 5; P.A. 88-203, S. 2; 88-263; P.A. 90-239, S. 1; P.A. 91-395, S. 4, 11; P.A. 93-29; P.A. 95-335, S. 15, 26; P.A. 99-131;
P.A. 01-52; P.A. 03-177, S. 6; P.A. 07-182, S. 1.)
History: 1959 acts added provision for filing of subdivision plans in case of a district and added provision regulations
authorize commission to provide open spaces for parks and playgrounds; 1971 acts added provisions concerning extensions
for filing subdivision plans, specified that applicant must do filing and that endorsement of approval must be made by
chairman or secretary and changed notice requirement from publication at least seven days before hearing to publication
"twice, at intervals of not less than two days, the first not more than fifteen days nor less than ten days and the last not less
than two days" before hearing; P.A. 75-131 required that plans be delivered to applicant promptly for filing purposes after
appeal deadline passed or after appeal terminated; P.A. 77-545 added provision that regulations made govern sedimentation
and erosion control; P.A. 78-104 included "maintenance" of improvements and utilities in bond provision; P.A. 78-314
allowed encouragement of energy-efficient development, use of renewable forms of energy and energy conservation
through regulations; P.A. 79-301 increased fine for making unapproved subdivision from $200 to $500; P.A. 81-254
allowed for conditional approval of plans; P.A. 81-334 moved provisions re regulations to encourage energy-efficient
patterns of development, use of solar and other renewable forms of energy and energy conservation into new Subsec. (b)
and outlined content of regulations; P.A. 83-388 amended Subsec. (a) to require that provision be made for soil erosion
and sediment control, effective July 1, 1985; P.A. 85-91 amended Subsec. (a) to specify the date by which time provision
for soil erosion and sediment control is required; P.A. 88-203 added provisions in Subsec. (a) re imposition of conditions
and requirements on certain manufactured homes and developments to be occupied by certain manufactured homes; P.A.
88-263 substituted "shall" for "may" in Subsec. (b) to require that subdivision regulations encourage energy-efficient
patterns of development and land use, the use of solar and other renewable forms of energy and energy conservation; P.A.
90-239 amended Subsec. (a) to allow the payment of a fee in lieu of the provision of open spaces and to exempt transfers
of land to certain relatives from the open spaces requirements; P.A. 91-395 added Subsec. (c) concerning authorization
for cluster development in regulations adopted under this section; P.A. 93-29 amended Subsec. (a) to change the time
planning commissions have to deliver approved plans to subdivision applicants from "promptly" after the expiration of
an appeal or termination in the applicant's favor to 30 days after either event and to change the date for filing of approved
plans by a developer from 90 days after the time for appeal to 90 days after termination in the applicant's favor; P.A. 95-335 amended Subsec. (a) to change "plan of development" to "plan of conservation and development", effective July 1,
1995; P.A. 99-131 amended Subsec. (a) by requiring regulations covering the subdivision of land to include a provision
for the "upgrading of any downstream ditch, culvert or other drainage structure which, through the introduction of additional
drainage due to such subdivision, becomes undersized and creates the potential for flooding on a state highway"; P.A. 01-52 amended Subsec. (a) to change the time for delivery of approved subdivision plans from not less than 30 days to not
more than 30 days and add provisions re modified plans and amended Subsec. (b) to make a technical change for purposes
of gender neutrality; P.A. 03-177 replaced provisions in Subsec. (a) re publication of notice of time, place and purpose of
public hearing with requirement that the public hearing be held in accordance with Sec. 8-7d, effective October 1, 2003,
and applicable to applications filed on or after that date; P.A. 07-182 amended Subsec. (a) to allow a person who enters
into a contract to purchase a subdivided lot pursuant to conditional approval to rescind such contract if such final approval
has additional amendments or any conditions not included in the conditional approval that are unacceptable to the buyer,
to provide that a fine of $1,000 be imposed on any person who, before final approval, transfers title to any lot subdivided
pursuant to conditional approval for each lot transferred, deleting prior fine of $500 imposed on any person who sells or
offers for sale any such lot, to require that nothing in subsection be construed to authorize the marketing of any lot before
granting or renewal of conditional approval, and to make technical changes, effective July 1, 2007.
See Sec. 8-2a re requirement that copies of zoning and subdivision regulations be available to public.
If plan complies with subdivision regulations, commission lacks authority to disapprove it. 146 C. 570. Cited. 148 C.
145, 299. Planning commission approves, disapproves, or modifies and approves, plans for claimed subdivisions. It is not
part of its function to decide whether particular property is a subdivision. Court should not dismiss complaint for declaratory
judgment as to whether certain premises is a subdivision on ground that issue should first be decided by planning commission. 149 C. 627. Cited. 152 C. 304; Id., 520. Adoption of a "plan of development" pursuant to section 8-23 is not a condition
precedent to the enactment of valid subdivision regulations. 153 C. 193. This section held not to authorize town to adopt
a subdivision regulation imposing a charge against a real estate developer as a condition for granting permission to proceed
with an approved subdivision plan when such charge was purportedly to cover reasonable costs incurred by the town for
engineering services to inspect work done on public improvements in the subdivision. Id., 236. Mere filing of subdivision
maps does not necessarily immunize subject property from operative effect of subsequent subdivision regulations. 155 C.
183. Subdivision regulations construed as a whole, being within the purview of this section and reasonably adequate and
sufficient to guide commission and enable those affected to know their rights and obligations and precise to degree required
by subject matter, held valid. Id., 669. Regulations of town which has adopted this chapter must conform to requirements
of this section. 156 C. 540. Only action on subdivision plan and designation of and assessments for municipal improvements
are binding actions of planning board. 159 C. 1. This section and section 13a-71 may not be circumvented by claims of
common law dedication. Id., 107. Authority granted under this statute is not unpermitted exercise of police power where
activity is directly attributable to subdivision activity. It does not amount to unconstitutional taking of private land for
public use without compensation. 160 C. 109. Held not unconstitutional for vagueness or lack of standards to implement
it. Id. Constitutional validity established because all property is held subject to right of state to reasonably regulate use.
Id. Cited. 171 C. 89. Cited. 172 C. 156. Cited. 176 C. 581. Cited. 177 C. 527. Cited. 179 C. 650. Cited. 181 C. 533. Cited.
184 C. 1. Cited. 186 C. 466. Cited. 187 C. 232. Cited. 203 C. 109. Cited. 207 C. 67. Cited. 208 C. 431. Cited. 213 C. 604.
Cited. 217 C. 103. Cited. 226 C. 684. Cited. 227 C. 71, 83. Cited. 228 C. 476. Sale of lots in approved subdivision not
required for municipality to call performance bond. 254 C. 348.
Cited. 5 CA 520. Cited. 8 CA 556. Cited. 12 CA 153. Cited. 16 CA 303. Cited. 19 CA 334. Cited. 23 CA 115; Id., 460.
Cited. 26 CA 17. Cited. 28 CA 780. Cited. 29 CA 18; Id., 28. Cited. 31 CA 643. Cited. 40 CA 75. Cited. 49 CA 452. Fact
that a performance bond was provided pursuant to the statute that protects municipalities from being left with inadequate
resources to complete subdivision improvements, coupled with unambiguous language of the bond, clearly supports conclusion that the bond was available to plaintiff to complete the subdivision even though plaintiff had become a successor
developer. 71 CA 715. Planning commission cannot enact subdivision regulation that effectively amends or alters a zoning
ordinance because commission would be exceeding its statutory mandate. 76 CA 280. Plaintiff's case for declaratory
judgment on constitutionality of a subdivision regulation was ripe for judicial consideration because it concerned his rights
as a property owner and events that plaintiff was likely to confront. 85 CA 606.
Held constitutional exercise of power and land requirement in city regulations for subdivision plan within legislative
authority, but provision for cash contribution in lieu of land requirement, unconstitutional, where moneys are not collected
for direct benefit of subdivision. 27 CS 74. Cited. 31 CS 83. Cited. 43 CS 508.
Subsec. (a):
Cited. 37 CA 303. Provision that subdivided land be of such character that it can be used for building purposes without
danger to health or public authority does not authorize regulations to provide that proposed streets connect with existing
roads within town in which the subdivision is located. 97 CA 316.
Subsec. (b):
Cited. 199 C. 575.
Subsec. (c):
Cited. 37 CA 303.