12-748. Same; construction of public facility or utility in conformance with comprehensive plan.
12-748
12-748. Same; construction of public facility or utility in conformance
with comprehensive plan.
(a) Except as provided in subsection (b), whenever the planning commission has
adopted and certified the comprehensive plan for one or more major sections or
functional subdivisions thereof, no public improvement, public facility or
public utility of a type embraced within the recommendations of the
comprehensive plan or portion thereof shall be constructed without first being
submitted to and being approved by the planning commission as being in
conformity with the plan. If the planning commission does not make a report
within 60 days, the project shall be deemed to have been approved by the
planning commission. If the planning commission finds that any such proposed
public improvement, facility or utility does not conform to the plan, the
commission shall submit, in writing to the governing body, the manner in which
such proposed improvement, facility or utility does not conform. The governing
body may override the plan and the report of the planning commission, and the
plan for the area concerned shall be deemed to have been amended.
(b) Whenever the planning commission has reviewed a capital improvement
program and found that a specific public improvement, public facility or
public utility of a type embraced within the recommendations of the
comprehensive plan or portion thereof is in conformity with such plan, no
further approval by the planning commission is necessary under this section.
(c) The provisions of this section shall become effective on and after
January 1, 1992.
History: L. 1991, ch. 56, § 8; July 1.