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Session Laws, 1971
Volume 707, Page 2095   View pdf image
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Gaithersburg                                     2095

City and its environs which will, in accordance with present and future
needs, best promote health, safety, morals, order, convenience, pros-
perity, 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 pro-
vision for light and air, the promotion of the healthful and convenient dis-
tribution 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 reso-
lution or may by successive resolutions adopt successive parts of the plan,
said parts corresponding with major geographical sections or divisions of
the City 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, amendment, 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 City. The adoption of the plan or
of any such part or amendment or extension or addition shall be by resolu-
tion of the Commission carried by the affirmative votes of not less than a
majority of all of the members of the Commission. The resolution 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 or secretary of the Commission. 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 City 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 City, 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; provided, however,
that if the public way, ground, space, building, structure or utility be one
the authorization or 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 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 Com-
mission shall be deemed approval.

h. The Commission shall have power to promote public interest in
and understanding of the plan. The Commission shall, from time to time,
recommend to the appropriate public officials programs for public structures
and improvements and for the financing thereof. It shall be part of its
duties to consult and advise with public officials and agencies, public
utilities companies, civic, educational, professional and other organizations,
and with citizens with relation to the protecting or carrying out of the
plan. All public officials shall, upon request, furnish to the Commission
within a reasonable time such available information as it may require for
its work. The Commission, its members, officers and employees, in the

 

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Session Laws, 1971
Volume 707, Page 2095   View pdf image
 Jump to  
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