9-1-9: PUBLIC LAND, FACILITIES ACQUIRED OR ABANDONED:
Whenever the board of councilmen shall have adopted a master plan, or one or more subject matters thereof, no street, square, park or other public way, ground or open space shall be acquired by dedication or otherwise, except by bequest, and no street or public way shall be closed or abandoned, and no public building or structure shall be constructed or authorized in the area for which the master plan or one or more subject matter thereof shall have been adopted by the board of councilmen until the location, character and extent thereof shall have been submitted to and shall have been approved by the commission.
In case of disapproval thereof by the commission, the commission shall communicate its reasons to the board of councilmen which may overrule the disapproval by a majority vote of its entire membership.
If the authorization, acquisition, financing or acceptance of such public street, square, park or other public way, grounds or open space, or the construction or authorization of such public building or structure be vested by law or charter provisions in some governmental body, commission or board other than the board of councilmen, then such governmental body, commission or board having jurisdiction shall first submit to the commission the location, character and extent of the proposed public improvement for its approval. In the event that the commission shall disapprove the same, its disapproval may only be overruled by such other governmental body, board or commission by a vote of not less than two-thirds (2/3) of its entire membership.
Failure of the commission to act upon such submission within forty (40) days from and after the date of the official submission to the commission by the board of councilmen or by such other governmental body, board or commission, shall be deemed approval by the commission. (Ord. 91, 2-12-1973)