§ 11-52-11 — Proposed Construction of Streets, Public Buildings, Utilities, Etc., to Be Submitted for Approval of Commission After Adoption of Master Plan; Overruling of Commission

Alabama § 11-52-11

• Jurisdiction: Alabama
• Title 11: Counties and Municipal Corporations
• Ch. 52: Planning, Zoning and Subdivisions
• Art. 1: General Provisions

Text

Whenever the commission shall have adopted the master plan of the municipality 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 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 disapproval the commission shall communicate its reasons to the 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 further, that if the public way, ground, space, building, structure, or utility is one the authorization or financing of which does not, under the law or charter provisions governing same, fall within the province of the municipal council, then the submission by the planning commission shall be to 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 60 days from and after the date or official submission to the commission shall be deemed approval.

Legislative History

(Acts 1935, No. 534, p. 1126; Code 1940, T. 37, §794.)