[CC 1979 §42.240]
The Planning and Zoning Commission shall, within thirty (30)
days after receipt of the final plat, determine its recommendation
as to whether the plat shall be approved, approved with modifications,
or disapproved and shall within said thirty (30) day period give notice
to the subdivider of its determination. If approved, the Commission
shall so note on the face of the plat and shall thereupon forward
said plat to the City Board, notifying the subdivider of its action.
If approved with modification, or if disapproved, the Commission shall
attach to the original plat a statement of the reasons for such action
and shall forthwith return the original of said plat to the subdivider,
retaining one (1) copy thereof for its records. Within sixty (60)
days after the submission of a plat to the Commission, the Commission
shall approve or disapprove the plat; otherwise the plat is deemed
approved by the Commission, except that the Commission, with the consent
of the applicant for the approval, may extend the sixty (60) day period.
The ground of disapproval of any plat by the Commission shall be made
a matter of record.
Whenever the Commission adopts the plan of the municipality
or any part thereof, no street or other public facilities, or no public
utility, whether publicly or privately owned, and, the location, extent
and character thereof having been included in the recommendations
and proposals of the plan or portions thereof, shall be constructed
or authorized in the municipality until the location, extent and character
thereof has been submitted to and approved by the Planning Commission.
In case of disapproval the Commission shall communicate its reasons
to the Board of Aldermen, and the Board of Aldermen, by vote of not
less than two-thirds (⅔) of its entire membership, may overrule
the disapproval and, upon the overruling, the Board of Aldermen or
the appropriate board or officer may proceed, except that if the public
facility or utility is one the authorization or financing of which
does not fall within the province of the Board of Aldermen, then the
submission to the planning Commission shall be by the board having
jurisdiction, and the Planning Commission's disapproval may be overruled
by that board by a vote of not less than two-thirds (⅔) of
its entire membership. The acceptance, widening, removal, extension,
relocation, narrowing, vacation, abandonment, change of use, acquisition
of land for, sale or lease of any street or other public facility
is subject to similar submission and approval, and the failure to
approve may be similarly overruled. The failure of the Commission
to act within sixty (60) days after the date of official submission
to it shall be deemed approval.
The County Recorder shall not receive for filing or recording
any subdivision plat required to be approved by the Board of Aldermen
or Planning and Zoning Commission unless the plat has endorsed upon
it the approval of the Board of Aldermen under the hand of the Clerk
and the seal of the City, or by the Secretary of the Planning Commission.
[CC 1979 §42.270]
The Commission may recommend a variation of the application
of the regulations of this Article in harmony with their general purpose
and intent and in accordance with the rules herein contained in cases
where there are particular difficulties or particular hardships in
the way of carrying out the strict letter of any such regulations
relating to the subdividing of land, and may recommend to the City
Board that said City Board approve said plat of subdivision in spite
of failure to strictly comply with the strict letter of any of the
regulations, stating the reasons for said recommendations.
[CC 1979 §42.280]
Advice and cooperation in the preparation of plats will be freely
given by the Department of Public Works, the Supervisor of Streets
of the City of Stockton, and by the Commission. It is suggested that
each subdivider of land confer with these departments before preparing
the preliminary plat in order to become more thoroughly familiar with
subdivision requirements and the zone ordinances affecting the territory
in which the proposed subdivision lies.
[CC 1979 §42.290]
Subdivisions of land which create less than five (5) new lots
or parcels and do not involve the dedication of new streets may be
immediately drawn in the form prescribed for recording and be directly
approved for recording by the City Board. The City Board may request
an advisory opinion from the Commission.
[CC 1979 §42.310]
If any Section, sentence, clause, phrase or portion of these
regulations are held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision, and such holding shall not affect the validity
of the remaining portions hereof.
