12-748.   Same; construction of public facility or utility in conformancewith comprehensive plan.(a) Except as provided in subsection (b), whenever the planning commission hasadopted and certified the comprehensive plan for one or more major sections orfunctional subdivisions thereof, no public improvement, public facility orpublic utility of a type embraced within the recommendations of thecomprehensive plan or portion thereof shall be constructed without first beingsubmitted to and being approved by the planning commission as being inconformity with the plan. If the planning commission does not make a reportwithin 60 days, the project shall be deemed to have been approved by theplanning commission. If the planning commission finds that any such proposedpublic improvement, facility or utility does not conform to the plan, thecommission shall submit, in writing to the governing body, the manner in whichsuch proposed improvement, facility or utility does not conform. The governingbody may override the plan and the report of the planning commission, and theplan for the area concerned shall be deemed to have been amended.

      (b)   Whenever the planning commission has reviewed a capital improvementprogram and found that a specific public improvement, public facility orpublic utility of a type embraced within the recommendations of thecomprehensive plan or portion thereof is in conformity with such plan, nofurther approval by the planning commission is necessary under this section.

      (c)   The provisions of this section shall become effective on and afterJanuary 1, 1992.

      History:   L. 1991, ch. 56, § 8; July 1.