Sec. 8-191. Adoption of development plan.
Sec. 8-191. Adoption of development plan. (a) Before the development agency
adopts a plan for a development project, (1) the planning commission of the municipality
shall find that the plan is in accord with the plan of development for the municipality; and
(2) the regional planning agency, if any, for the region within which such municipality is
located shall find that such plan is in accord with the plan of development for such
region, or if such agency fails to make a finding concerning the plan within thirty-five
days of receipt of the plan by such agency, it shall be presumed that such agency does
not disapprove of the plan; and (3) the development agency shall hold at least one public
hearing on the plan. At least thirty-five days prior to any public hearing, the development
agency shall post the plan on the Internet web site of the development agency, if any.
Upon approval by the development agency, the agency shall submit the plan to the
legislative body which shall vote to approve or disapprove the plan. After approval of the
plan by the legislative body, the development agency shall submit the plan for approval to
the commissioner. Notice of the time, place and subject of any public hearing held
under this section shall be published once in a newspaper of general circulation in the
municipality, such publication to be made not less than one week nor more than three
weeks prior to the date set for the hearing. In the event the commissioner requires a
substantial modification of the project plan before giving approval, then upon the completion of such modification such plan shall first have a public hearing and then be
approved by the development agency and the legislative body. Any legislative body,
agency or commission in approving a plan for a development project shall specifically
approve the findings made in the plan.
(b) The provisions of subsection (a) of this section with respect to submission of a
development project to and approval by the commissioner shall not apply to a project
for which no grant has been made under section 8-190 and no application for a grant is
to be made under section 8-195.
(1967, P.A. 760, S. 6; 1971, P.A. 505, S. 4; P.A. 74-184, S. 5, 10; P.A. 75-480, S. 5, 8; P.A. 77-410, S. 1, 5; P.A. 81-98, S. 3; P.A. 07-141, S. 11; 07-217, S. 34.)
History: 1971 act substituted Connecticut development commission for commissioner of community affairs and deleted
provisions ceasing payments to municipalities not meeting deadlines for development of community development action
plans; P.A. 74-184 substituted commissioner of commerce for Connecticut development commission; P.A. 75-480 deleted
provision requiring public hearing before submission to regional planning agency, required regional agency to make finding
within 35 rather than 60 days and stated that plan presumed to be not disapproved if finding not made, deleted provision
that plan be submitted to legislative body after development agency commissioner's preliminary approval and required
that substantial modifications be approved by development agency and legislative body after public hearing; P.A. 77-410
added Subsec. (b) excepting certain projects from provisions of Subsec. (a); P.A. 77-614 substituted commissioner of
economic development for commissioner of commerce, effective January 1, 1979; P.A. 81-98 provided for a mandatory
vote on the plan by the legislative body of the municipality; P.A. 07-141 amended Subsec. (a) to add requirement that
agency post plan on its Internet web site, if any, at least 35 days prior to any hearing, and made technical changes in
Subsecs. (a) and (b), effective October 1, 2007, and applicable to development plans adopted on or after that date; P.A.
07-217 made a technical change in Subsec. (b), effective July 12, 2007.
Cited. 184 C. 51.