ZONING AND PLANNING 2647
tion of such improvements and utilities prior to the final approval of the
plat, the Commission may accept a bond with surety to secure to the
municipality the actual construction and installation of such improve-
ments or utilities at a time and according to specifications fixed by or in
accordance with the regulations of the Commission. The municipality is
hereby granted the power to enforce such bond by all appropriate legal
and equitable remedies.
Before any regulations shall be submitted to council for adoption a
public hearing shall be held thereon and all such regulations, or, if in the
opinion of the Commission it is best, a brief synopsis of such regulations,
sufficient to inform a person of ordinary intelligence of the nature and
contents of such regulations, together with the time and place of such
public hearing, shall be published once or more, if the Commission deems
best, in a daily newspaper published and in general circulation in such
city and county. When such regulations are adopted by the council, a
copy thereof shall be certified by the Commission to the county clerk of
the county in which the municipality and territory are located, for record.
1933, ch. 599, sec. 18.
27. (Procedure, Legal Effect of Approval of Plat.) The Planning and
Zoning Commission shall approve or disapprove a plat within thirty (30)
days after the submission thereof to it; otherwise such plat shall be
deemed to have been approved, and a certificate to that effect shall be
issued by the Commission on demand. Provided, however, that the ap-
plicant for the Commission's approval may waive this requirement and
consent to an extension of such period. The ground of disapproval of any
plat shall be stated upon the records of the Commission. Every plat ap-
proved by the Commission shall by virtue of such approval, be deemed
to be an amendment of or an addition to or a detail of the municipal plan
and a part thereof. Approval of a plat shall not be deemed to constitute
or effect an acceptance by the public of any street or other open space
shown upon the plat. The Planning Commission may, from time to time,
recommend to council amendments of the zoning ordinance or map or
additions thereto to conform to the Commission's recommendations for
the zoning regulation of the territory comprised within approved sub-
divisions. The Commission shall have the power to agree with applicant
upon use, height, area or bulk requirements or restrictions governing build-
ings and premises within the subdivision, provided such requirements or
restrictions do not authorize the violation of the then effective zoning
ordinance of the municipality. Such requirements or restrictions shall
be stated upon the plat prior to the approval and recording thereof and
shall have the same force of law and be enforceable in the same manner
and with the same sanctions and penalties and subject to the same power
of amendment or repeal as though set out as a part of the zoning ordinance
or map of the municipality.
1933, ch. 599, sec. 19.
28. (Penalties for Transferring Lots in Unapproved Subdivisions.)
Whoever, being the owner or agent of the owner of any land located within
a subdivision, transfers or sells or agrees to sell or negotiate to sell any
land by reference to or exhibition of or by other use of a plat of a sub-
division, before such plat has been approved by the Planning and Zoning
Commission and recorded or filed in the office of the appropriate county
|
|