Sec. 8-28a. Change in zoning regulations or districts not to affect approved subdivision plan.
Sec. 8-28a. Change in zoning regulations or districts not to affect approved
subdivision plan. Notwithstanding the provisions of any general or special act or municipal ordinance, when an application, petition or request for approval of a subdivision
plan for residential property has been filed with or submitted or made to the planning
commission of any town, city or borough, or to any other body exercising the powers
of such commission, accompanied by a subdivision plan and such other documents as
may be required by the regulations of such commission or body, in form and content
as to all essential matters as is specified in such regulations, or when any modification
of such plan or other documents has been subsequently filed or submitted in connection
with the same application, petition or request, which modification is in conformance
with such regulations as of the time of filing of the original application, petition or
request, neither such original application, petition or request nor such subsequent modification shall be required to comply with, nor shall it be disapproved for the reason that
it does not comply with, any change in the zoning regulations or the boundaries of zoning
districts of such town, city or borough taking effect after the filing, submission or making
of such original application, petition or request. If such subdivision plan or modification
thereof is given final approval, any change in the zoning regulations or the boundaries
of zoning districts made between the time of filing, submitting or making of such application, petition or request and the time of such final approval shall, as to such plan or
modification thereof and the land shown thereon, be deemed to take effect following
such final approval.
(1959, P.A. 384, S. 1.)
See Sec. 8-26a re effect of change in subdivision or zoning regulations after approval of subdivision plan.
In order to fall within this section, subdivision plan must be formally approved by planning commission. 148 C. 299.
Cited. 153 C. 194. Plaintiff need not conform to a zoning change made after a proper application for tentative approval of
a subdivision was accepted, but before final approval was granted. 154 C. 252. Cited. 222 C. 380.