11-6-37. Street construction specifically authorized by ordinance--Vote required to overrule planning commission.
The council, or, in the case of a street outside of the municipality, the governing body of such outside territory, may locate and construct or may accept any other street if the ordinance or other measure for such location and construction or for such acceptance be first submitted to the planning commission for its consideration, and, if disapproved by the commission, be passed by not less than two-thirds of the entire membership of the city council or said governing body. A street approval by the commission upon such submission, or constructed or accepted by a two-thirds vote after disapproval by the commission, has the status of an approved street as fully as though it had been originally shown on a subdivision plat approved by the council or on a plat made by the commission and adopted by the council or reviewed and approved in accordance with §11-3-6.
Source: SL 1949, ch 198, §16; SDC Supp 1960, §45.3316; SL 1966, ch 145; SL 1975, ch 116, §21; SL 1999, ch 65, §20.
Structure South Dakota Codified Laws
Title 11 - Planning, Zoning and Housing Programs
Chapter 06 - Comprehensive City Planning
Section 11-6-1 - Definition of terms.
Section 11-6-4.1 - Temporary addition to planning commission of resident of affected outside area.
Section 11-6-7 - Employees appointed by city council--Contracts for special services.
Section 11-6-13.2 - Referendum applicable--Time of election on referred measures.
Section 11-6-15 - Surveys and studies in preparation of comprehensive plan--Purposes of plan.
Section 11-6-16 - Plan proposed as a whole or in part.
Section 11-6-18.1 - Filing of action adopting comprehensive plan.
Section 11-6-18.2 - Summary of city council action to be published--Notice of public inspection.
Section 11-6-26 - Subdivisions outside municipal corporate limits not approved pursuant to § 11-3-6.
Section 11-6-29 - Bond for completion of subdivision work--Remedies for enforcement of bond.
Section 11-6-30 - Special assessment provisions in lieu of bond for completion of subdivision work.
Section 11-6-33 - Dedication not accepted by approval of plat.
Section 11-6-38 - Buildings prohibited on unapproved streets--Injunction action available.
Section 11-6-40 - Platting of certain land required.