Connecticut § 8-26e - Hearings by planning commission on applications for special permit or exception. Notice of decision. Expiration and extensions.

§ 8-26e. Hearings by planning commission on applications for special permit or exception. Notice of decision. Expiration and extensions.

Sec. 8-26e. Hearings by planning commission on applications for special permit or exception. Notice of decision. Expiration and extensions. (a) The planning commission of any municipality shall hold a public hearing on an application or request for a special permit or special exception, as provided in section 8-2. Any such public hearing shall be held in accordance with the provisions of section 8-7d. Such commission shall decide upon such application or request within the period of time permitted under section 8-26d. Whenever a commission grants or denies a special permit or special exception, it shall state upon its records the reason for its decision. Notice of the decision of the commission shall be published in a newspaper having a substantial circulation in the municipality and addressed by certified mail to the person who requested or applied for a special permit or special exception, by its secretary or clerk, under his signature in any written, printed, typewritten or stamped form, within fifteen days after such decision has been rendered. In any case in which such notice is not published within such fifteen-day period, the person who requested or applied for such a special permit or special exception may provide for the publication of such notice within ten days thereafter. Such permit or exception shall become effective upon the filing of a copy thereof (1) in the office of the town, city or borough clerk, as the case may be, but, in the case of a district, in the offices of both the district clerk and the town clerk of the town in which such district is located, and (2) in the land records of the town in which the affected premises are located, in accordance with the provisions of section 8-3d.

(b) (1) Notwithstanding the provisions of subsection (a) of this section, any special permit or special exception approval made under this section prior to July 1, 2011, that has not expired prior to July 12, 2021, and that specified a deadline by which all work in connection with such approval is required to be completed, shall expire not less than nineteen years after the date of such approval and the commission may grant one or more extensions of time to complete all or part of the work in connection with such special permit or special exception.

(2) Notwithstanding the provisions of subsection (a) of this section, any special permit or special exception approval made under this section on or after July 1, 2011, but prior to June 10, 2021, that did not expire prior to March 10, 2020, and that specified a deadline by which all work in connection with such approval is required to be completed, shall expire not less than nineteen years after the date of such approval and the commission may grant one or more extensions of time to complete all or part of the work in connection with such special permit or special exception.

(1971, P.A. 862, S. 15; P.A. 73-616, S. 6; P.A. 77-509, S. 9; P.A. 78-104, S. 3; P.A. 87-215, S. 6, 7; P.A. 89-356, S. 15; P.A. 03-177, S. 10; P.A. 21-34, S. 8; 21-163, S. 6.)

History: P.A. 73-616 required that first notice be not less than 10 days before hearing rather than 2 days before; P.A. 77-509 changed effective date for permits or exceptions from time fixed by commission to time of filing in clerk's office and in land records; P.A. 78-104 deleted specific reference to 65-day period for holding hearing and replaced 65-day period for rendering decision with period of time under Sec. 8-26d; P.A. 87-215 authorized commission to provide by regulation for additional notice by mail to adjacent landowners; P.A. 89-356 added provision authorizing the person who requested or applied for a special permit or special exception to provide for the publication of the notice of the decision of the commission when such notice is not published in a timely manner; P.A. 03-177 replaced provisions re publication of notice of time and place for public hearing and notice to adjacent landowners 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. 21-34 designated existing provisions as Subsec. (a) and added Subsec. (b) re expiration of approvals made on or after July 1, 2011, prior to June 10, 2021, effective June 10, 2021; P.A. 21-163 amended Subsec. (b) to designate existing provisions as Subdiv. (2) and add Subdiv. (1) re approvals made prior to July 1, 2011, effective July 12, 2021, and applicable to approvals made prior to July 1, 2011.

Cited. 213 C. 604.