SB 970 — AN ACT CONCERNING EXTENDING THE TIME OF EXPIRATION OF CERTAIN LAND USE PERMITS.

Senate General Assembly RaisedFile Bill No.

970321 January Session, 2021 LCOSenate Bill No.

4099970 ReferredSenate, toApril 7, 2021 The Committee on PLANNINGPlanning ANDand DEVELOPMENTDevelopment Introducedreported by:through SEN.

(PD)CASSANO ANof ACTthe CONCERNING4th EXTENDINGDist., THEChairperson TIMEof OFthe EXPIRATIONCommittee OFon CERTAINthe LANDpart USEof PERMITS.the Senate, that the bill ought to pass.

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

(2) Notwithstanding the provisions of this section, any site plan approval made under this section on or after July 1, 2011, but prior to LCOSB970 4099/ \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00970-R01File of 4 SB.docx Raised Bill No.

970321 the1 effectiveSB970 dateFile ofNo. this section, that did not expire prior to March 10, 2020, except an approval made under subsection (j) of this section, shall expire not less than six 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 site plan, provided no approval, including all extensions, shall be valid for more than eleven years from the date the site plan was approved.

321 the effective date of this section, that did not expire prior to March 10, 2020, except an approval made under subsection (j) of this section, shall expire not less than six 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 site plan, provided no approval, including all extensions, shall be valid for more than eleven years from the date the site plan was approved.

(c) (1) Notwithstanding the provisions of this section, for any LCOsubdivision 4099of {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00972land for a project consisting of 4four R01-SB.docxhundred }or Raisedmore BillSB970 / File No.

970321 subdivision2 ofSB970 landFile forNo. a project consisting of four hundred or more dwelling units and approved prior to July 1, 2011, that has not expired prior to May 9, 2011, any person, firm or corporation making such subdivision shallcomplete allwork inconnectionwithsuchsubdivision not later than the date fourteen years after the date of approval of the plan for such subdivision.

321 dwelling units and approved prior to July 1, 2011, that has not expired prior to May 9, 2011, any person, firm or corporation making such subdivision shallcomplete allwork inconnectionwithsuchsubdivision not later than the date fourteen years after the date of approval of the plan for such subdivision.

(2) Notwithstanding the provisions of subdivision (2) of subsection (d) of this section, any permit issued under this section on or after July LCO1, 40992011, {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-009703but prior to the effective date of 4this R01-SB.docxsection, }that Raiseddid Billnot expire prior to March 10, 2020, shall expire not less than six years after the date SB970 / File No.

970321 1,3 2011,SB970 butFile priorNo. to the effective date of this section, that did not expire prior to March 10, 2020, shall expire not less than six years after the date of such approval.

321 of such approval.

4 from passage 22a-42a(g) PD Joint Favorable LCOSB970 4099/ {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00970-File 4No. of 4 R01-SB.docx }

321 4 SB970 File No.

321 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation The bill extends the expiration period of certain land use permits.

This has no fiscal impact, as it is not anticipated to change the number of permits sought in any municipality.

The Out Years State Impact:

None Municipal Impact:

None SB970 / File No.

321 5 SB970 File No.

321 OLR Bill Analysis SB 970 AN ACT CONCERNING EXTENDING THE TIME OF EXPIRATION OF CERTAIN LAND USE PERMITS.

SUMMARY This bill gives developers more time to complete an ongoing project without seeking reapproval.

It does so by extending the initial and extended deadlines for completing projects that require certain subdivision, wetlands, or site plan approval.

The bill applies to approvals that were (1) granted on or after July 1, 2011, but before the bill’s passage, and (2) unexpired on March 10, 2020.

The bill does not apply to site plan approvals for large-scale housing or business development projects.

When a planning or zoning commission, combined planning and zoning commission, or an inland wetlands agency approves a project, it must set an expiration date that falls within the timeframes the law specifies.

Consequently, a developer must complete the project before that date or resubmit it to the local commission or agency for approval.

Generally, under current law, the maximum timeframe, including extensions if permitted, is 10 years from the date of approval.

Under the bill, it is 11 years.

Executive Order (EO) 7JJ, § 3, issued on May 6, 2020, and subsequently extended, generally tolls the expiration dates for various land use approvals that were valid on March 10, 2020 (including site plan, wetlands, and subdivision approvals), thus pausing these approvals so they will not expire during the declared emergencies.

It is unclear what impact the bill has on approvals that are tolled by the EO.

EFFECTIVE DATE:

Upon passage SB970 / File No.