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Session Laws, 1970
Volume 695, Page 1895   View pdf image
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Marvin Mandel, Governor                       1895

of the plan or part thereof shall be certified to [council] the local
legislative body
and to the County Recorder. CLERK OF THE
CIRCUIT COURT.

[18. Legal Status of Official Plan]

[Whenever the commission shall have adopted the master plan of
the municipality or of one or more major sections or districts there-
of 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 municipality 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 disap-
proval 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; provided,
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 municipal council, then the submission to the plan-
ning commission shall be by the board, commission or body having
such jurisdiction, and the planning commission's disapproval may be
overruled by said board, commission or body by a vote of not less
than two thirds of its membership. The failure of the commission to
act within sixty days from and after the date of official submission
to the commission shall be deemed approval.]

3.08 Legal Status of the Plan

The local legislative body shall adopt the plan as a whole or parts

thereof and further, shall adopt any amendment or extension thereof

or addition thereto. If the local legislative body desires to amend

the plan without the approval of the planning commission, the local
legislative body shall hold a public hearing on said amendment before

any such action is taken.

WHENEVER THE LOCAL LEGISLATIVE BODY SHALL
HAVE ADOPTED THE PLAN AS A WHOLE OR FOR ONE OR
MORE GEOGRAPHIC SECTIONS OR DIVISIONS OF THE
JURISDICTION, NO STREET, SQUARE, PARK OR OTHER
PUBLIC WAY, GROUND, OR OPEN SPACE, OR PUBLIC BUILD-
ING OR STRUCTURE, OR PUBLIC UTILITY, WHETHER PUB-
LIC OR PRIVATELY OWNED, SHALL BE CONSTRUCTED OR
AUTHORIZED IN THE JURISDICTION OR MAJOR GEO-
GRAPHIC SECTION THEREOF UNTIL THE LOCATION, CHAR-
ACTER, AND EXTENT OF SUCH DEVELOPMENT SHALL
HAVE BEEN SUBMITTED TO AND APPROVED BY THE
COMMISSION AS CONSISTENT WITH THE PLAN PROVIDED,
THAT IN THE CASE OF DISAPPROVAL BY THE COMMISSION
THE COMMISSION SHALL COMMUNICATE ITS DECISION
AND REASONS TO THE LOCAL LEGISLATIVE BODY WHICH
SHALL HAVE THE POWER TO OVERRULE SUCH DISAP-
PROVAL ACTION BY A RECORDED VOTE OF NOT LESS
THAN ⅔ OF ITS ENTIRE MEMBERSHIP; PROVIDED, HOW-
EVER, THAT IF THE PUBLIC WAY, GROUND, SPACE, BUILD-
ING, STRUCTURE OR UTILITY BE ONE THE AUTHORIZA-
TION OF FINANCING OF WHICH DOES NOT, UNDER THE

 

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Session Laws, 1970
Volume 695, Page 1895   View pdf image
 Jump to  
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