§ 11-47-115. Procedure for approval of plats.

The commission shall approve or disapprove a plat within thirty (30) days after it has been submitted to the commission; otherwise the plat shall be deemed to have been approved, and a certificate to that effect shall be issued by the commission on demand.  The applicant for the commission's approval may waive the thirty-day requirement and consent to an extension of the period.  The ground for disapproval of any plat shall be stated upon the records of the commission.  Any plat submitted to the commission shall contain the name and address for a person to whom notice of a hearing shall be sent, and no plat shall be acted on by the commission without affording a hearing thereon.  Notice shall be sent to the person at the address by registered mail of the time and place of the hearing not less than five (5) days before the date fixed therefor.  Similar notice shall be mailed by first-class mail to the owners of land immediately adjoining the platted land, as their names appear upon the plats in the county clerk's office and their addresses appear in the directory of the municipality or on the tax records of the municipality or county.  Every plat approved by the commission, by virtue of the approval, shall be deemed to be an amendment of or an addition to or a detail of the municipal plan and a part thereof.  Approval of a plat shall not be deemed to constitute or effect an acceptance by the public of any street or other open space shown upon the plat.  The commission from time to time may recommend to the council amendments of the zoning ordinance or map or additions thereto to conform to the commission's recommendations for the zoning regulation of the territory comprised within approved subdivisions.  The commission shall have the power to agree with the applicant upon use, height, area or bulk requirements or restrictions governing buildings and premises within the subdivision, provided such requirements or restrictions do not authorize the violation of the then effective zoning ordinance of the municipality.  The requirements or restrictions shall be stated upon the plat prior to the approval and recording thereof and shall have the same force of law and be enforceable in the same manner and with the same sanctions and penalties and subject to the same power or amendment or repeal as though set out as a part of the zoning ordinance or map of the municipality.

Added by Laws 1977, c. 256, § 47-115, eff. July 1, 1978.  Amended by Laws 1998, c. 234, § 5, eff. Nov. 1, 1998.