Before subdividing any land subject to requirements of this title, the owner or developer shall comply with the following:
A. Submission: The owner or developer shall submit to the city clerk ten (10) paper copies of a preliminary plan in the form and providing all information required by section 11-3-2 of this title.
B. Filing Fee: An application for approval of a preliminary subdivision plan shall be filed with the city clerk and be accompanied by a fee receipt reflecting payment to the city clerk of the appropriate following fee: less than two (2) acres one hundred dollars ($100.00); at least two (2) acres but less than fifteen (15) acres two hundred dollars ($200.00); at least fifteen (15) acres but less than twenty five (25) acres three hundred dollars ($300.00); twenty five (25) acres or more four hundred dollars ($400.00).
C. Scheduling And Notification Of Public Hearing: Upon receipt of a preliminary plan and required filing fee, the city clerk shall refer ten (10) copies of the preliminary plan to the planning commission, at least ten (10) days in advance of the next meeting of the planning commission.
The planning commission shall schedule and give notice of a legislative public hearing before the planning commission. Such notice shall be published, posted or delivered and in such form as prescribed by the city attorney and the expense of any publication to be borne by the subdivider. The legislative public hearing shall be scheduled not later than at the first regularly scheduled planning commission meeting occurring more than thirty (30) days after the filing date of the preliminary plan.
The planning commission's notice shall contain:
1. The name of the proposed subdivision or planned unit development, its commonly known location and legal description;
2. A statement of what the application is requesting the planning commission to approve;
3. A statement of where copies of the application, the preliminary subdivision or preliminary development plan and all other supporting documentation can be inspected by the public;
4. A statement that all interested persons have the right to appear at the public hearing on such preliminary subdivision or preliminary development plan and present evidence; and
5. The date, time and location of the public hearing.
The planning commission shall notify the owner or developer of the proposed subdivision or planned unit development as to the time and place of the public hearing thereon at least seven (7) days prior to the date of the said hearing.
D. Distribution Of Preliminary Plan For Review And Comment: The city clerk shall route one or more copies of the preliminary plan to city staff members for review and comment. One copy of the plan shall be provided to each member of the planning commission and each member of the city council prior to their respective consideration and review of the plan.
E. Administrative Review And Comment: The city council may cause such preliminary plan to be reviewed by the city attorney, city engineer, city staff or such other agents or consultants as the city council may choose, and if such parties prepare written recommendations, they shall submit their written recommendations for approval, modification, or disapproval of said plan to the planning commission for its consideration at the public hearing on such preliminary plan application. The city staff shall also send the owner or developer of the subdivision or planned unit development a copy of the said written report prior to the hearing.
F. Legislative Public Hearing And Recommendation: The planning commission shall conduct a legislative public hearing on the preliminary plan during which it shall determine the extent to which the plan conforms or fails to conform with the standards of this title and shall, not later than ninety (90) days after the adjournment of the legislative public hearing, with mutual consent for extensions and with approval, transmit its recommendation on the plan to the city council. The planning commission may recommend approval of a preliminary plan with an approval recommendation conditioned upon the making of one or more changes in the proposal, which such changes shall be enumerated in the planning commission's transmittal to the city council or may transmit the plan to the city council without recommendation. Should the planning commission fail to act within the ninety (90) days from the adjournment of the public hearing, or fail to adjourn the public hearing within one hundred twenty (120) days of its commencement, the plan shall be submitted to the city council without recommendation.
G. City Council Approval Or Rejection Of A Proposed Preliminary Plan: Within thirty (30) days after receipt of the planning commission's recommendation or within one hundred eighty (180) days from the filing date of the preliminary plan with prior commission approval, whichever occurs first, the city council shall approve or reject the proposed preliminary plan. Failure of the city council to act within the prescribed time period shall constitute approval of the preliminary plan.
Upon approval of the preliminary plan by the city council, the council shall indicate approval on the plan. The city clerk shall secure from the owner or developer a reproducible Mylar copy having a minimum size of twenty four inches by eighteen inches (24" x 18") of the approved preliminary plan and shall cause the signatures required on the "notice of approval" as provided by this section to be affixed thereon. The city clerk shall then cause five (5) copies of the approved preliminary plan with such signatures affixed thereon to be distributed by the city clerk as follows:
1. One print shall be sent to the city of Chenoa planning commission;
2. One print shall be sent to the city engineer;
3. One print shall be sent to the city clerk for filing;
4. One print shall be returned to the subdivider; and
5. One print shall be sent to McLean County building and zoning.
Upon disapproval of the preliminary plan by the city council, the council shall furnish the applicant a written statement setting forth the reason for disapproval and specifying with particularity the aspects in which the proposed plan fails to conform to this title.
H. Extension Of Time Periods By Mutual Consent: Time periods for review by the city council may be extended by mutual consent of the owner or developer and the city council. Any such extension shall stay the running of all subsequent time periods.
I. Extension Of Preliminary Plans: Approved preliminary plans or portions thereof on which no final plat has been submitted for review and approval shall expire and be of no force or effect three (3) years after this approval, except:
1. The filing of a final plat and necessary supporting documents pursuant to this section and section 11-2-5 of this chapter shall extend the life of a remaining valid preliminary plan for three (3) years; or
2. If the life of a preliminary plan is extended by action of the city council. (Ord. 542, 11-26-2007)