2005 Connecticut Code - Sec. 8-191. Adoption of plan.
Sec. 8-191. Adoption of 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 said plan within thirty-five days of
receipt thereof by such agency, it shall be presumed that such agency does not disapprove
of such plan; and (3) the development agency shall hold at least one public hearing
thereon. Upon approval by the development agency, the agency shall submit such 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
such town, 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 therein.
(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.)
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 thirty-five rather than sixty 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.
Cited. 184 C. 51, 54, 69.
