As used in this chapter: “Commission” means a planning commission; “municipality” includes a city, town or borough or a district establishing a planning commission under section
7-326; “subdivision” means the division of a tract or parcel of land into three or more parts or lots made subsequent to the adoption of subdivision regulations by the commission, for the purpose, whether immediate or future, of sale or building development expressly excluding development for municipal, conservation or agricultural purposes, and includes resubdivision; “resubdivision” means a change in a map of an approved or recorded subdivision or resubdivision if such change (a) affects any street layout shown on such map, (b) affects any area reserved thereon for public use or (c) diminishes the size of any lot shown thereon and creates an additional building lot, if any of the lots shown thereon have been conveyed after the approval or recording of such map; “cluster development” means a building pattern concentrating units on a particular portion of a parcel so that at least one-third of the parcel remains as open space to be used exclusively for recreational, conservation and agricultural purposes except that nothing herein shall prevent any municipality from requiring more than one-third open space in any particular cluster development; “town” and “selectmen” include district and officers of such district, respectively.
(1949 Rev., S. 853; 1953, S. 384d; 1959, P.A. 577, S. 2; 679, S. 1; 1967, P.A. 221; 677, S. 1; P.A. 77-545, S. 1; P.A. 91-395, S. 2, 11.)
History: 1959 acts added district to definition of municipality, added words “parts or” before “lots” in definition of subdivision and added definition of town and selectmen; 1967 acts included changes which create additional building lot or lots in definition of “resubdivision” and excluded development for municipal and conservation purposes from definition of “subdivision”; P.A. 77-545 redefined “subdivision” to specify divisions made after adoption of subdivision regulations by commission; P.A. 91-395 added the definition of “cluster development”.
Definition of subdivision and resubdivision discussed. 146 C. 570. Cited. 149 C. 630. There is no authority for commission to adopt as a regulation definition of “subdivision” which modifies, restricts or enlarges upon statutory definition. 151 C. 450. Cited. 172 C. 60; 219 C. 303; 222 C. 216; Id., 294; 227 C. 601. Appropriate inquiry under section is whether one lot has been divided into 3 or more units, not whether topography of lot is maintained or the degree of lot line adjustment. 330 C. 502.
Cited. 5 CA 509; 8 CA 556; 18 CA 159; 20 CA 462; 23 CA 75; 29 CA 28. A map is not a resubdivision unless it alters a “subdivision”. 173 CA 256. The mere changing of lot lines or adding additional land to lots, no matter how sizeable, does not constitute a “subdivision”; Legislature intended the word “parts” to refer to separate but whole, not fractional, members of a tract of land, thus, when the word “parts” is read in light of its commonly approved usage and together with the definition of “resubdivision” under this section, its meaning is plain and unambiguous, and is to be read together with the word “lots” so as to clarify the latter's meaning. 199 CA 115.
Cited. 43 CS 508.
Notes of Decisions
500 North Avenue, LLC v. Plan. Comm'n, 199 Conn. App. 115 (Conn. App. Ct. 2020).
· cites it 43× “The plaintiff claims that the court improperly concluded that (1) its pro- posed boundary line revision of two adjacent lots con- stituted a subdivision under General Statutes § 8-18 and (2) a subdivision application was required because the proposed revision was more than a ‘‘…”
Mandable v. Plan. & Zoning Comm'n of Westport, 163 A.3d 69 (Conn. App. Ct. 2017).
· cites it 17× “*258 The dispositive issue in this appeal is whether two lot line adjustment maps were improperly recorded in the Westport land records by the defendants Norman Kramer and Karen Kramer (Kramers) because the maps qualify as "resubdivisions," as that term is defined in General…”
Cady v. Zoning Bd. of Appeals of the Town of Burlington, 196 A.3d 315 (Conn. 2018).
· cites it 35× “2 In the present appeal, the defendant argues that the trial court improperly (1) concluded that the defendant's proposed revision of boundary lines between certain adjacent lots constituted a new subdivision under General Statutes § 8-18, 3 thereby implicating § IV.”
Goodridge v. Zoning Bd. of Appeals, 755 A.2d 329 (Conn. App. Ct. 2000).
· cites it 11× “On appeal, the plaintiffs claim that the court improperly determined that (1) the revision of the boundary line between two parcels known as lots one and two was a “subdivision” under General Statutes § 8-18 and (2) Taubert, who held a mortgage on Goodridge’s parcel, was not an…”
Jeweler v. Wilton, 199 Conn. App. 842 (Conn. App. Ct. 2020).
· cites it 27× “They brought this action seeking a declaratory judgment that certain boundary line adjustments among those parcels do not require subdivision approval under General Statutes § 8-18. The trial court concluded that the boundary line adjustments proposed by the plaintiffs did not…”
Azzarito v. Plan. & Zoning Comm'n, 830 A.2d 827 (Conn. App. Ct. 2003).
· cites it 6× “7 The division of Kessler’s property is a resubdivision pursuant to General Statutes § 8-18 and § 55-2.1 of the New Canaan subdivision and street regulations because it constituted a further division of land that already had been subdivided.”
Lost Trail, LLC v. Town of Weston, 57 A.3d 905 (Conn. App. Ct. 2013).
· cites it 7× “*142 Kenneth Bernhard reconsider the position, articulated by Hawkins, that the division of the lots created a subdivision.”
Kaufman v. Zoning Comm'n, 653 A.2d 798 (Conn. 1995).
· cites it 2× “Such bulk regulations may allow for cluster development as defined in section 8-18. Such zoning commission may divide the municipality into districts of such number, shape and area as may be best suited to carry out the purposes of this chapter; and, within such districts, it…”
Carbone v. Vigliotti, 610 A.2d 565 (Conn. 1992).
· cites it 3× “” General Statutes § 8-18 provides in part: “definitions.”
Alvord Inv., LLC v. Zoning Bd. of Appeals, 920 A.2d 1000 (Conn. 2007).
· cites it 2× “” 14 General Statutes § 8-18 is substantially similar, except that it applies when a parcel of land is divided into three, rather than two lots.”
Molic v. Zoning Bd. of Appeals, 556 A.2d 1049 (Conn. App. Ct. 1989).
· cites it 2× “” General Statutes § 8-18 provides in pertinent part: “ ‘[Subdivision’ means the division of a tract or parcel of land into three or more parts or lots made subsequent to the adoption of subdivision regulations by the commission, for the purpose, whether immediate or future, of…”
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