§ 26-29. Official map; amendment of same.

(a)

The board of county commissioners is hereby empowered, after receiving the advice of the county planning commission, to adopt and establish an official map of the county showing the highways, freeways, parks, parkways, and sites for public buildings or works, including subsurface facilities, in the acquisition, financing, or construction of which the county has participated or may be called upon to participate. After the adoption and establishment of such map, as often as such board may deem it for the public interest, such body may change or add to such map or any part thereof. Such map is established to conserve and promote the public health, safety, convenience, or welfare. Before acting thereon in the first instance, and before adopting any amendments thereto, such board, after notice of time and place has been given by one publication not less than seven days before the meeting at which action is to be taken, in a newspaper of general circulation in the county, and after written notice to the official bodies and departments enumerated herein, shall hold a public hearing thereon at which representatives of the county planning commission, the county departments, the municipalities in the county, property owners, and others interested therein shall be heard. Before holding any such public hearing, such board shall submit such proposed change or addition to the county planning commission for its consideration and advice, and shall fix a reasonable time, not, however, less than 20 days, when such county planning commission may report thereon. Upon receipt of such advisory report from the county planning commission, or upon the failure of such commission to report within the time limit so fixed, such board may thereupon act upon the proposed change or addition, but any action adverse to the report of the county planning commission shall require the affirmative recorded vote of the majority of all the members of such board. When approved in whole or in part by the board of county commissioners of any county, such county official map or part thereof, including any such change or addition, shall be deemed to be binding upon the board of county commissioners of the county and the several county departments thereof, and no expenditure of public funds by such county for construction work, or the acquisition of land for any purpose enumerated in the master plan required by this article shall be made except in accordance with such official map.

(b)

Changes in and amendments to the official map may be initiated by the county planning commission and if such changes or amendments are approved by an affirmative recorded vote of the majority of all the members of the such commission it shall have the power to fix the time of the public hearing before the board of county commissioners and to give due notice thereof in the same manner as set out in subsection (a) of this section where notice is required to be given by the board.

(Code 1992, § 25-35; Priv. Acts 1935, ch. 706, § 9)