(a) Filing; deadline; plat officer general review.
(1) An application for approval of a plat of vacation shall be filed with the plat officer, in full compliance with § 31-1.19, 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 plat of vacation 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 a plat of vacation 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 31-1.23(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 31-1.23(b).
(2) Upon the conditional scheduling of a public meeting to review an application for approval of a plat of vacation, 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 approval of a plat of vacation, 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.
(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 31-1.23(a)(2) of this chapter, and provided the notices are timely given in accordance with subsection 31-1.23(b) of this chapter, then the applicant shall deliver a completed certificate of notice in the form determined during the pre-application review to the plat officer 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 approval of a plat of vacation 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 a application for vacation plat review; 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 vacation plat in accordance with the notice published pursuant to subsection 31-1.23(b) of this section. Within 15 days after the conclusion of the public meeting, the plan commission shall recommend whether the plat of vacation 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 of vacation 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 plat of vacation.
(e) Action by board of trustees. The board of trustees, within 45 days after receipt of the report of the plan commission, shall disapprove the plat of vacation or shall approve it by ordinance or resolution duly adopted. Any approval of a vacation 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 plat of vacation, 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 vacation plat. Approval of a plat of vacation 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.
(Ord. No. 2005-08-3128)