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Session Laws, 1969
Volume 692, Page 1955   View pdf image
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GAITHERSBURG                                      1955

velopment of the Town and its environs which will, in accordance with
present and future needs, best promote health, safety, morals, order, con-
venience, prosperity, and general welfare, as well as efficiency and economy
in the process of development; including, among other things, adequate
provisions for traffic, the promotion of safety from fire and other dangers,
adequate provision for light and air, the promotion of the healthful and
convenient distribution of population, the promotion of good civic design
and arrangement, wise and efficient expenditure of public funds, and the
adequate provision of public utilities and other public requirements.

(f)     The Commission may adopt the plan as a whole by a single
resolution or may, by successive resolutions, adopt successive parts of the
plan, said parts corresponding with major geographical sections or divi-
sions of the town or with functional subdivisions of the subject matter
of the plan, and may adopt any amendment or extension thereof or
addition thereto. Before the adoption of the plan or any such part, amend-
ment, extension, or addition, the Commission shall hold at least one public
hearing thereon, notice of the time and place of which shall be given by
one publication in a newspaper of general circulation in the town. The
adoption of the plan or of any such part or amendment or extension or
addition shall be by resolution of the Commission carried by the affirma-
tive votes of not less than three members of the Commission. The resolu-
tion shall refer expressly to the maps and descriptive and other matter
intended by the Commission to form the whole or part of the plan, and the
action taken shall be recorded on the map and plan and descriptive matter
by the identifying signature of the chairman and/or secretary of the Com-
mission. An attested copy of the plan or part thereof shall be certified
to Council.

(g)     Whenever the Commission shall have adopted the master plan
of the town or of one or more major sections or districts thereof, no
street, square, park, or other public way, ground or open space, or public
building or structure, or public utility, whether publicly or privately
owned, shall be constructed or authorized in the town or in such planned
section and district until the location, character, and extent thereof shall
have been submitted to and approved by the Commission; provided, that
in case of disapproval the Commission shall communicate its reason to
Council, which shall have the power to overrule such disapproval by a
recorded vote of not less than two-thirds of its entire membership; pro-
vided, however, that if the public way, ground, space, building, structure
or utility be one the authorization of financing of which does not, under
the law or charter provisions governing same, fall within the province of
the Council, then the submission to the Planning Commission shall be by
the board, commission or body having such jurisdiction, and the Planning
Commi