§ 31-23-217 — Acceptance and improvement of streets

(1) The municipality
shall not accept, lay out, open, improve, grade, pave, curb, or light any street or lay
or authorize water mains or sewers or connections to be laid in any street within any
portion of a territory for which the commission has adopted a major street plan
unless such street:

(a) Has been accepted or opened as or otherwise has received the legal
status of a public street prior to the adoption of such plan; or

(b) Corresponds with a street shown on the official master plan or with a
street on a subdivision plat approved by the planning commission or with a street on
a street plat made by and adopted by the commission. However, the governing body
may accept any street not shown on or not corresponding with a street on the
official master plan or on any approved subdivision plat or an approved street plat if
the ordinance or other measure accepting such street is first submitted to the
commission for its approval and, if approved by the commission, is enacted or
passed by not less than a majority of the entire membership of the governing body
or, if disapproved by the commission, is enacted or passed by not less than two-thirds of the entire membership of the governing body.

(2) A street approved by the commission upon submission by the governing
body or a street accepted by a two-thirds vote after disapproval by the commission
shall have the status of an approved street as though it had been originally shown
on the official master plan or on a subdivision plat approved by the commission or
had been originally platted by the commission.

Legislative History

Source: L. 75: Entire title R&RE, p. 1151, � 1, effective July 1.