§ 40-48-12 — Permission to construct when plan adopted - Disapproval of permission - Overruling - Failure to act on permission

North Dakota § 40-48-12

• Jurisdiction: North Dakota
• Title 40: Municipal Government
• Ch. 40-48: Municipal Master Plans and Planning Commissions

Text

Overruling - Failure to act on permission.
When the governing body shall have adopted the master plan of the municipality or any
major section or district thereof, no street, square, park, or other public way, ground, or open
space, or public building or structure shall be constructed or authorized in the area shown on
the master plan until the location, character, and extent thereof shall have been submitted to
and approved by the planning commission. In case of disapproval thereof, the commission shall
communicate its reasons to the governing body, which may overrule such disapproval by a
recorded vote of not less than two-thirds of its entire membership. If the public way, ground,
space, building, or structure is one the construction, financing, or authorization of which does
not fall within the province of the governing body, the submission to the planning 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 upon such
submission within sixty days from and after the date of the official submission to the commission
shall be deemed to be an approval.