§140.12. Legal status of plan

            A. After adoption of the master plan or any part thereof, then and thenceforth no street, park, or any public way, ground, place, or space, no public building or structure, school or school site, or no public utility, whether publicly or privately owned, shall be constructed or authorized in the area of the adopted plan until and unless the location and extent thereof shall have been submitted to and approved by the commission; provided that in the case of disapproval, the commission shall communicate its reasons to the city council, and the city council, by a vote of not less than a majority of its entire membership shall have the power to overrule such disapproval and, upon such overruling, the city council, or the appropriate board or officer shall have the power to proceed; provided, however, that if the public way, ground, place, space, building, structure, school or school site, or utility be one the authorization or financing of which does not, under the law or charter provisions governing the same, fall within the province of the city council or other body or official of the municipality, then the submission to the commission shall be by the board or official having such jurisdiction, and the commission's disapproval may be overruled by such board by a vote of not less than a majority of its entire membership or by the official.

            B. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, or sale or lease of any street or other public way, ground, place, property, or structure shall be subject to similar submission and approval, and the failure to approve may be similarly overruled. The secretary of the commission or his deputy shall issue a receipt showing the date, time, and sufficient description to identify any document submitted to it for approval. The failure of the commission to act within sixty days from the date of official filing shall be deemed approval, unless a longer period is granted by the city council, or other submitting agency or official, provided that the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, or sale or lease of any street, or other public way, ground, place, property, or structure by the city council need not be submitted for approval by the commission unless in conflict with the master plan.

            Acts 1962, No. 52, §12; Acts 2020, No. 294, §1, eff. Jan. 1, 2022.