Section 8-26c - Subdivision to be completed within five years of plan approval. Exceptions(a) Any person, firm or corporation making any subdivision of land, except as provided in section 8-26g, shall complete all work in connection with such subdivision within five years after the approval of the plan for such subdivision; the commission's endorsement of approval on the plan shall state the date on which such five-year period expires.(b) The subdivider or his successor in interest may apply for and the commission may grant one or more extensions of the time to complete all or part of the work in connection with such subdivision, provided the time for all extensions under this subsection shall not exceed ten years from the date the subdivision was approved. If the commission grants an extension of an approval, the commission may condition the approval on a determination of the adequacy of the amount of the bond or other surety furnished under section 8-25, securing to the municipality the actual completion of the work.(c) In the case of a subdivision plan approved on or after October 1, 1977, failure to complete all work within such five-year period or any extension thereof shall result in automatic expiration of the approval of such plan provided the commission shall file on the land records of the town in which such subdivision is located notice of such expiration and shall state such expiration on the subdivision plan on file in the office of the town clerk of such town, and no additional lots in the subdivision shall be conveyed by the subdivider or his successor in interest as such subdivider except with approval by the commission of a new application for subdivision of the subject land. If lots have been conveyed during such five-year period or any extension thereof, the municipality shall call the bond or other surety on said subdivision to the extent necessary to complete the bonded improvements and utilities required to serve those lots. "Work" for purposes of this section means all physical improvements required by the approved plan, other than the staking out of lots, and includes, but is not limited to, the construction of roads, storm drainage facilities and water and sewer lines, the setting aside of open space and recreation areas, installation of telephone and electric services, planting of trees or other landscaping, and installation of retaining walls or other structures.(d) Notwithstanding the provisions of this section, any subdivision approval made under this section on or before October 1, 1991, shall expire not more than seven years from 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 subdivision, provided the time for all extensions under this subsection shall not exceed ten years from the date the subdivision was approved. If the subdivider or his successor in interest submits evidence to the commission that completion of the project was delayed because of a state or federal construction project, the approval shall expire not more than ten years from 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 subdivision, provided the time for all extensions shall not exceed fifteen years from the date the subdivision was approved. If the subdivider or his successor in interest prevails in an appeal of a decision of the commission on the subdivision under section 8-8, the time to complete the subdivision shall be tolled for the time of such appeal and until the commission implements the judicial decision.(e)(1) Notwithstanding the provisions of this section, any subdivision approval made under this section prior to July 1, 2011, that has not expired prior to the effective date of this section, shall expire not less than fourteen 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 subdivision, provided no subdivision approval, including all extensions, shall be valid for more than nineteen years from the date the subdivision was approved.(2) Notwithstanding the provisions of this section, any subdivision approval made under this section on or after July 1, 2011, but prior to the effective date of this section, that did not expire prior to March 10, 2020, shall expire not less than fourteen 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 subdivision, provided no subdivision approval, including all extensions, shall be valid for more than nineteen years from the date the subdivision was approved.(1967, P.A. 677, S. 2; P.A. 77-545, S. 4; P.A. 78-104, S. 6; P.A. 87-371, S. 3, 5; P.A. 91-153 , S. 2 ; P.A. 93-19 , S. 2 , 3 ; May 25 Sp. Sess. P.A. 94-1 , S. 11 , 130; P.A. 95-322 ; P.A. 98-188 , S. 1 , 5 ; P.A. 09-181 , S. 2 ; P.A. 11-5 , S. 2 .)
Amended by P.A. 22-0023, S. 3 of the Connecticut Acts of the 2022 Regular Session, eff. 10/1/2022.Amended by P.A. 21-0163, S. 2 of the Connecticut Acts of the 2021 Regular Session, eff. 7/12/2021, op. applicable to approvals made prior to July 1, 2011.Amended by P.A. 21-0034, S. 4 of the Connecticut Acts of the 2021 Regular Session, eff. 6/10/2021.Amended by P.A. 11-0005, S. 2 of the the 2011 Regular Session, eff. 5/9/2011.Amended by P.A. 09-0181, S. 2 of the the 2009 Regular Session, eff. 7/2/2009. Cited. 228 Conn. 476 . Sale of lots in approved subdivision not required for municipality to call performance bond. 254 Conn. 348 . Plain and unambiguous meaning of the term "conveyance" is restricted to the conveyance of subdivision lots, and does not encompass the transfer of partial interests in lots. 286 C. 280 . Cited. 17 CA 344 ; 18 CA 569 . Subsec. (b): Statute that allows zoning commission to require successor developer to submit new application and to post a bond of its own was permissive and did not require plaintiff to post a substitute bond. 71 Conn.App. 715 . Subsec. (c): Cited. 49 Conn.App. 452 . Trial court reversed; statute unambiguously states that if subdivision improvements are not completed, town may require a surety to complete the improvements to the extent necessary to serve conveyed lots, and in this case no lots were conveyed so no improvements were required. 54 CA 328 . Statute that allows zoning commission to require successor developer to submit new application and to post a bond of its own was permissive and did not require plaintiff to post a substitute bond. 71 Conn.App. 715 .