§ 3-205. Planning commission review.

   (a) Scope of section. -- This section applies only to a local jurisdiction where the legislative body has adopted a whole plan or a plan for one or more geographic sections or divisions of the local jurisdiction.

(b) Prior approval required. -- A publicly or privately owned street, square, park, or other public way, ground, or open space, a public building or structure, or a public utility may not be authorized or constructed in the local jurisdiction or in a geographic section of the local jurisdiction until the planning commission has approved the location, character, and extent of the development as consistent with the plan.

(c) Planning commission authorization. --

   (1) The planning commission shall communicate its decision and the reasons for its decision to the legislative body or to the body that has jurisdiction over the financing of the public way, ground, space, building, structure, or utility.

   (2) The submission to the planning commission shall be considered approved if the planning commission fails to act on the submission within 60 days after the date it was submitted.

   (3) The legislative body or other body having jurisdiction may overrule the decision of the planning commission by a recorded vote of at least two-thirds of its entire membership.

(d) Approval. --

   (1) The legislative body may adopt:

      (i) the whole plan;

      (ii) a plan for one or more geographic sections or divisions of the local jurisdiction; or

      (iii) an amendment or extension of or addition to the plan.

   (2) The recommendation of the planning commission shall be considered approved if the legislative body fails to act within 60 days after the date the recommendation is submitted.

HISTORY: An. Code 1957, art. 66B, § 3.08; 2012, ch. 426, § 2.