Section 11-52-30 Territorial jurisdiction as to subdivisions; approval of maps or plats; limits on exercise of powers.
Section 11-52-30
Territorial jurisdiction as to subdivisions; approval of maps or plats; limits on exercise of powers.
(a) The territorial jurisdiction of any municipal planning commission over the subdivision of land shall include all land located in the municipality and all land lying within five miles of the corporate limits of the municipality and not located in any other municipality; except that, in the case of any nonmunicipal land lying within five miles of more than one municipality having a planning commission, the jurisdiction of each municipal planning commission shall terminate at a boundary line equidistant from the respective corporate limits of such municipalities; provided further, that in all counties having a population of 600,000 or more according to the 1950 federal census or any succeeding decennial federal census, the county planning and zoning commission shall be invested with such authority, except and unless the municipality or municipalities in question are actively exercising zoning jurisdiction and control within the police or five mile jurisdiction or, in the case of a municipality subsequently incorporated, within 180 days from the date of its incorporation; provided, further, that in all counties having a population of 600,000 or more inhabitants according to the 1950 federal census or any succeeding decennial federal census, the county commission of such county may establish minimum specifications and regulations governing the lay-out, grading, and paving of all streets, avenues, and alleys and the construction or installation of all water, sewer, or drainage pipes or lines in any subdivision lying wholly or partly in areas outside the corporate limits of any municipality in the counties and relating to subdivisions lying within the corporate limits of any municipality in the counties which has declined or failed to exercise zoning jurisdiction and control as provided in this section.
(b) A municipal planning commission, by properly adopted regulation, may provide that the territorial jurisdiction of the municipal planning commission over the subdivision of land shall include all land lying within an area less than the five miles permitted by this section. The regulation shall establish the territory within which the planning commission will exercise jurisdiction over the subdivision of land to a boundary line equidistant from the corporate limits of the municipality, except, that in the case of any nonmunicipal land lying within the territorial jurisdiction of more than one municipality with a planning commission exercising jurisdiction over the subdivision of land outside the municipal corporate limits, the jurisdiction of each planning commission shall terminate at a boundary line equidistant from the respective corporate limits of each municipality. A copy of the resolution altering the territorial jurisdiction shall be forwarded to the county commission within five days of adoption. Additionally, nothing in this subsection shall be construed to alter the provisions of Article 5 of Chapter 49, which require a municipality to assume responsibility for roads annexed into the municipality under certain circumstances.
(c) No map or plat of any subdivision shall be recorded, and no property shall be sold referenced to such map or plat, until and unless it has been first submitted to and approved by the county engineer or, in his or her absence, by the acting county engineer of the county, who shall examine same for compliance with the specifications and regulations of the county commission of the county and, if it is in compliance, shall note his or her approval on the map or plat by noting thereon "approved," giving the date of approval and signing same in his or her official capacity.
(d) Where any subdivision lies within the extraterritorial planning jurisdiction of any municipality having exercised extraterritorial jurisdiction, the requirement for approval of improvements in the subdivision by the county engineer shall in no way diminish, waive, or otherwise lessen the requirements of the municipality. The more strict requirements, whether of the municipality or of the county, must be complied with by the developer. Approval by the county engineer shall in no way constitute approval in lieu of or on behalf of any municipality with respect to subdivisions lying within its extraterritorial planning jurisdiction. All maps or plats must be first submitted to and approved by the municipal planning commission or other appropriate municipal agency exercising jurisdiction over any subdivision lying within the extraterritorial planning jurisdiction and, following approval by such municipal planning commission, must then be approved by the county engineer or, in his or her absence, by the acting county engineer.
(e) Nothing in this section shall be interpreted as allowing a municipal planning commission or a municipality to exercise the power of eminent domain outside of its corporate limits.
(f) Nothing in this section shall be interpreted as allowing a municipal planning commission or a municipality to levy taxes or fees outside of its corporate limits.
(Acts 1935, No. 534, p. 1126; Code 1940, T. 37, §797; Acts 1949, No. 421, p. 597; Acts 1959, No. 296, p. 868, §1; Act 2009-498, §1.)