(a) Filing; deadline; plat officer general review.
(1) An application for approval of a preliminary plat of subdivision shall be filed with the plat officer, in full compliance with § 31-1.15 and in proper form, at least 30 days before the meeting of the plan commission at which it is to be considered.
(2) The plat officer shall review the application for approval of a preliminary plat for general completeness; for compliance with requirements of law, including, without limitation, the application requirements established in article I-C of this chapter; and for technical accuracy. Within 15 days after the date of filing of the application, the plat officer shall notify the applicant either that the application has been accepted for processing, or that the application may not be processed because of deficiencies or inaccuracies in it. Every deficient or inaccurate application shall be returned to the applicant. If the plat officer determines that the application for approval of preliminary plat should be accepted for processing, then the plat officer shall refer the application to all appropriate staff members and committees for review.
(b) Notice of public meeting.
(1) After receipt of all required information, payment of all required fees, and satisfactory general review pursuant to subsection 31-1.21(a) of this section, the plat officer shall notify the applicant of the date that the application will be conditionally scheduled for review at a public meeting of the plan commission. Such date shall be determined in light of the plan commission's pending docket and the notification deadlines as set forth in this subsection 31-1.21(b).
(2) Upon the conditional scheduling of a public meeting to review an application for preliminary plat approval, the applicant shall deliver to the plat officer for mailing notices to the occupants of all properties within 300 feet of the subject property, as determined during the pre-application review; the plat officer shall review such notices for completeness and accuracy and, if complete and accurate, promptly cause such notices to be mailed; provided that such mailings are mailed not more than 30 nor less than 15 days before the scheduled public meeting date.
(3) In addition, upon the conditional scheduling of a public meeting to review an application for preliminary plat approval, the applicant shall present to the plat officer the proposed signage, as determined during the pre-application review, for posting on the subject property. The plat officer shall review such signage for compliance and, if determined to be in compliance, the plat officer shall direct the applicant where to post such signage on the subject property; provided that such posting shall commence not more than 45 nor less than 30 days before the scheduled public meeting date. The village shall also post, within the village hall, a notice of the availability to review proposed application documents not less than 30 days before the scheduled meeting date.
(4) If the notices required pursuant to this subsection cannot be mailed and posted within the required time periods, then the public meeting shall be re-scheduled to ensure that such notice periods can be satisfied.
(c) Determination of completeness of application. Provided that the plat officer makes a general determination of completeness pursuant to subsection 31-1.21(a)(2) of this chapter, and provided the notices are timely given in accordance with subsection 31-1.21(b) of this chapter, then the applicant shall deliver to the plat officer a completed certificate of notice in the form determined during the pre-application review on the date of the scheduled public meeting (and, if delivered sooner, shall be deemed delivered on the date of the scheduled public meeting). The delivery of such completed certificate of notice on the date of the scheduled public meeting shall be the final element of the application for preliminary plat approval and shall represent the completion of the applicant's application for purposes of any statutory periods for undertaking and completing the village's review of an application for preliminary plat approval; provided, however, that any material change to such application after the commencement of the public hearing shall be deemed the filing of a new item in support of the application and shall restart any such statutory review period.
(d) Action by the plan commission. The plan commission shall conduct a public meeting to review the preliminary plat in accordance with the notices mailed and posted published pursuant to subsection 31-1.21(b) of this section. Within 90 days after the completion of the applicant's application for preliminary plat approval, the plan commission shall recommend whether the preliminary plat should be approved, approved with modifications or conditions or disapproved; and shall transmit such recommendation to the board of trustees. The plan commission may recommend approval of a plat subject to certain conditions or modifications as are deemed necessary in the interests and needs of the community. The failure of the plan commission to act within the time period specified in this subsection, or such further time to which the applicant may agree, shall be deemed to be a recommendation of the plan commission to disapprove the preliminary plat.
(e) Action by board of trustees. The board of trustees, within 30 days after its next regularly scheduled meeting following the transmission of a recommendation by the plan commission on an application for preliminary plat approval, shall disapprove the preliminary plat or shall approve it by ordinance or resolution duly adopted. Any approval of a preliminary plat may be subject to certain conditions or modifications as are deemed necessary in the interests and needs of the community. If the board of trustees disapproves the preliminary plat, then the plat officer shall notify the applicant in writing of the reasons stated for such disapproval. The failure of the board of trustees to act within the time period specified in this subsection, or such further time to which the applicant may agree, shall be deemed to be a decision of the board of trustees disapproving the preliminary plat.
(f) Effect of approval. The approval of a preliminary plat by the board of trustees is strictly tentative in nature, involving merely the general acceptability of the layout as submitted. Approval of the preliminary plat shall be deemed solely as permission for the applicant to prepare a final plat of subdivision, including detailed plans and specifications for the subdivision and public improvements in accordance with the preliminary plat and within the requirements of this chapter. Approval of a preliminary plat shall not entitle the applicant to any other approval or issuance of any permit until after all of the standards and procedures for such other approval or issuance of a permit have been satisfied.
(g) Limitation on preliminary plat approval. Every approval by the board of trustees of a preliminary plat of subdivision shall be effective for a maximum period of 12 months after the date of approval unless, pursuant to a written application therefor filed by the applicant before the expiration of the preliminary plat approval, the board of trustees grants an extension of that 12-month period. If, within the 12-month period, no extension of time has been granted by the board of trustees and no application for approval of a final plat of subdivision has been filed with the plat officer, then the applicant must resubmit an application for approval of a preliminary plat for full review of the plan commission and board of trustees.
(h) Statement of disapproval. If the plan commission or board of trustees shall disapprove a preliminary plat pursuant to this section, then the plan commission or board of trustees (as the case may be) shall deliver to the applicant a statement of such disapproval. Such statement shall set forth with particularity the grounds for disapproving the application for preliminary plat. Such statement shall be furnished to the applicant within the time period for plan commission or board of trustees action as set forth in subsections 31-1.21(d) and 31-1.21(e) of this section.
(Ord. No. 2005-08-3128)