AN ACT CONCERNING EXTENDING THE TIME OF EXPIRATION OF CERTAIN LAND USE PERMITS.

OLR Bill Analysis

sHB 5254

AN ACT CONCERNING EXTENDING THE TIME OF EXPIRATION OF CERTAIN LAND USE PERMITS.

SUMMARY:

This bill gives developers more time to complete ongoing projects. It does so by resetting the statutory deadlines planning and zoning commissions and inland wetland agencies may impose on projects they approve on or before July 1, 2009. The deadlines currently range from within two to five years for projects in wetlands to 10 years for large-scale residential and commercial projects. In some cases, current law allows the commissions to extend the deadlines for up to 10 years from a project's approval date.

The bill resets these deadlines for projects that were approved on or before July 1, 2009, except large-scale residential and commercial projects approved under a site plan review. The new deadlines range from eight to 13 years after a project's approval date. In some cases, the bill allows zoning and planning commissions to extend eight-year deadlines to 13 years after the project's approval. The extensions do not apply for large-scale housing and business development projects approved under a site plan review.

EFFECTIVE DATE: July 1, 2009

PROJECT COMPLETION DEADLINES

The bill resets the initial and extended deadlines that apply to subdivisions, wetlands permits, and relatively small-scale site plans that were approved on or before July 1, 2009. The table below highlights this change.

Deadlines and Extensions Under Current Law and the Bill


*Deadlines*
*Land Use Approval*	*Current Law*	*Bill*
Residential site plans for projects with 400 or more units (CGS § 8-3 (j))	Within 10 years of approval	No change
Business site plans for projects with at least 400,000 square feet (CGS § 8-3 (j))	Between five and 10 years after approval	No change
Other site plans (CGS § 8-3 (i))	Within five years of approval	Not less than eight years after approval
Subdivisions plans for 400 or more dwelling units (CGS § 8-26g)	Within 10 years of approval	13 years after approval
Other subdivisions (CGS § 8-26c (a))	Within five years of approval	Within eight years of approval
Wetlands permits for site plans and subdivisions (CGS § 22a-42a (d)(2))	Permit expires five years after approval	Permits expire within eight years of approval
Other wetlands permits (CGS § 22a-42a (d)(2))	Permit expires between two and five years after approval	Permits expire within eight years of approval
Extensions
*Land Use Approval*	*Current Law*	*Bill*
Residential site plans for projects with 400 or more units (CGS § 8-3 (j))	No extensions	No change
Business site plans for projects with at least 400,000 square feet (CGS § 8-3 (j))	Up to 10 years of approval if the initial deadline was less than 10 years	No change
Other site plans (CGS § 8-3 (i))	Up to 10 years from approval	Up to 13 years from approval
Subdivision plans for 400 or more dwelling uints (CGS § 8-26g)	No extensions	No change
Other subdivisions (CGS § 8-26c (b))	Up to 10 years from approval	Up to 13 years from approval
Wetlands permits for site plans and subdivisions (CGS § 22a-42a (d)(2))	Permit expiration date may be extended up to 10 years from approval	Permit expiration date may be extended up to 13 years from approval
Other wetlands permits (CGS § 22a-42a (d)(2))

COMMITTEE ACTION

Planning and Development Committee

Joint Favorable Substitute

Yea

Nay

(03/13/2009)