New Law Allows Extension of Resubdivision Approval

John Acampora, a lawyer representing Totoket LLC, had a new tool at his disposal when he sought to extend the approval of its resubdivision at 942 Totoket Rd. for five years–a new law that automatically grants nine years for a site plan approval before it expires, instead of the original five.

Appearing before the Planning & Zoning Commission last night, Acampora didn’t receive a full-fledged approval, but Town Planner Carol Zebb said the law is straightforward so his request wasn’t challenged. But it will be forwarded to the town attorney for examination because the ramifications of the new law are unclear.

The new law, the Act Extending the Time of Expiration of Certain Land Use Permits (Senate Bill No. 859, Public Act. No. 11-5), was signed by Gov. Dannel Malloy on May 9. The bill was sponsored by the state
Planning and Development Committee and four state representatives.

The law states that any site plan approval made from July 1, 2006 to July 1, 2011 shall expire not less than nine years after the date of approval with one or more extensions allowed. A site plan will be valid for a maximum of 14 years.

According to the new law, the site plan application for the Totoket Road resubdivision, which was originally approved on June 15, 2006, will not expire until 2015, with another five years possible with additional extensions.

Zebb wants the town attorney to examine the issue because the Planning & Zoning Commission is unsure how it will impact other subdivision site plans, especially those established after July 1, 2011.

The new law was passed because of the slow economy, in which subdivisions can’t get their approved projects started. Bill Ethier, chief executive officer of the Home Builders Association of Connecticut, said the bill “will prevent the undoing of government approvals that would not have occurred but for the extraordinary economic conditions we all face. The bill would prevent the wholesale abandonment of approved projects due to unfavorable economic conditions by essentially tolling the term of existing approvals for brief periods of time that will allow the economy, markets and lending to recover.”

Acampora said before the new law was passed, “If you didn’t ask for an extension, it was abandoned and a renewal may not be granted.”

Totoket, LLC, applied for an extension June 14, the day before the original five-year period expired. The new law makes it unnecessary for the company to apply for an extension.

Acampora said the Totoket Road subdivision remains undeveloped due to the economy, with no houses built.

Zebb said the property is a resubdivision that is one of three lots from a former farm that was split into three pieces after the owner sold farmland and a small farm house. It's a 15-acre tract of land that is currently undeveloped.