Section 11-52-31 Adoption, publication and certification of subdivision regulations by planning commission; provisions therein as to arrangement, etc., of streets, etc.; provisions as to completion of
Section 11-52-31
Adoption, publication and certification of subdivision regulations by planning commission; provisions therein as to arrangement, etc., of streets, etc.; provisions as to completion of streets, mains, etc., and approval of subdivision plat.
The planning commission shall adopt regulations governing the subdivision of land within its jurisdiction. Such regulations may provide for the proper arrangement of streets in relation to other existing or planned streets and to the master plan, for adequate and convenient open spaces for traffic, utilities, access of fire-fighting apparatus, recreation, light and air and for the avoidance of congestion of population, including minimum width and area of lots. Such regulations may include provisions as to the extent to which streets and other ways shall be graded and improved and to which water and sewer and other utility mains, piping, or other facilities shall be installed as a condition precedent to the approval of the plat. The regulations or practice of the commission may provide for a tentative approval of the plat previous to such installation, but any such tentative approval shall be revocable and shall not be entered on the plat. In lieu of the completion of such improvements and utilities prior to the final approval of the plat, the commission may accept a bond with surety to secure to the municipality the actual construction and installation of such improvements or utilities at a time and according to specifications fixed by or in accordance with the regulations of the commission. The municipality is hereby granted the power to enforce such bond by all appropriate legal and equitable remedies.
All such regulations shall be published as provided by law for the publication of ordinances, and before adoption a public hearing shall be held thereon. A copy thereof shall be certified by the commission to the probate judge of the county in which the municipality and territory are located.
(Acts 1935, No. 534, p. 1126; Code 1940, T. 37, §798.)