(a) Application for Approval. A written application for approval and ten black-on-white prints of a preliminary plan and profiles of all streets, plotted on a topographic map complying with the technical requirements set forth in Section 1135.04
and the design standards established in Chapter 1137
, shall be submitted to the Building Official for each proposed subdivision. The purposes of the preliminary plan are to explore the best design for the subdivision and the best relationship to adjoining subdivisions or undeveloped land, to outline a program of improvements, to ensure that an adequate water supply and an adequate septic system could potentially be available to each lot and that extensive and environmentally harmful grading operations will not be required, and to obtain the advice, suggestions and requirements of the Commission before the plan becomes rigid as in a detailed drawing. The submittal of alternative plans is recommended.
(b) Referral to Village Engineer.
(1) The Building Official shall forward one print of the preliminary plan and profiles to the Village Engineer who will check the same against all requirements provided for in these Regulations and all other ordinances of the Village. The Village Engineer shall, within six weeks, except as provided in paragraph (b)(2) hereof, return the print to the Building Official together with his or her comments and recommendations.
(2) For all subdivisions which are of such scope or at such locations as, in the opinion of the Village Engineer, may involve topographic problems, unstable soil conditions, unique ecological and environmental concerns, or other unusual conditions, the Village Engineer shall so advise the Commission which thereupon may request that Council authorize obtaining an analysis and recommendation from a professional land planner, civil engineer or landscape architect who is experienced in planning the type of subdivision under consideration, who is recommended by the Village Engineer and who has no interest in the proposed subdivision. If Council approves the request, the Village Engineer shall, within two weeks of the receipt of such analysis and recommendations from such professional, return the print to the Building Official together with his or her comments and recommendations and the analysis and recommendations from such professional.
(c) Commission Action.
(1) After the Building Official receives the report of the Village Engineer on the preliminary plan, and any comments and recommendations concerning the plan which the Village Engineer or any professional may make, the Building Official shall set a date for a hearing on such plan and shall mail a copy of the notice of such hearing to the developer by first class mail, and to the list of property owners provided by the developer under Section 1135.04 at least two weeks before the hearing date, and shall also give public notice by posting a copy of such notice in the places identified in Section 1135.04 of these Codified Ordinances not less than two weeks nor more than four weeks before the meeting of that hearing date so that all interested parties may attend the meeting.
(2) If the Commission finds the proposal meets the requirements hereunder under the circumstances and acts favorably, the Secretary of the Commission shall affix his or her signature to two copies of the preliminary plan and profiles with a notation that the same has received approval, along with any special conditions. The Secretary shall then deliver one of the copies to the Clerk of Council and retain the other copy.
(d) Council Action.
(1) If the vote of the Commission is to approve the preliminary plan and profiles, the Secretary shall deliver the plan and profiles to Council with a written report of the Commission's action. If the vote of the Commission is to disapprove the preliminary plan and profiles, its action is final unless within thirty days thereof the developer elects to appeal such action to Council.
(2) If the vote of the Commission is to approve the preliminary plan and profiles, the Council shall by record vote approve or disapprove the preliminary plan and profiles by a majority vote of all members of Council. If the vote of the Commission is to disapprove the preliminary plan and profiles, the Council can approve the preliminary plan and profiles only by the affirmative vote of five members of Council. All actions by both the Commission and Council shall be made a matter of their minutes of that meeting.
(e) Effect of Approval. The approval of the preliminary plan by Council shall assure the developer, for a one-year period from the date of approval by Council, that:
(1) The general layout of streets, lots, building sites and other features is approved and has been established as the basis for the preparation of the final plat.
(2) The general terms and any special conditions under which the approval of the plan was granted will not be changed unless additional information or data are received in the meantime that would indicate that changes should be effected.
(3) The developer may submit drawings and specifications for improvements and a final plat for the subdivision.
(Ord. 2362. Passed 10-9-89; Ord. 2014-03. Passed 4-8-14.)