No sooner than thirty (30) days and no later than 120 days after the date of the Notice to Proceed, the applicant may apply for preliminary plat approval. If the applicant fails to apply for preliminary plat approval within the 120-day period, a new sketch plat must be submitted.
(a) Application Procedure and Requirements. Based on the Notice to Proceed, the applicant shall file in duplicate with the Building Department an application for approval of a preliminary plat if it elects to proceed. The preliminary plat shall conform substantially with the sketch plat submitted by the applicant and which formed the basis for the Notice to Proceed. The application shall:
(1) Be made on forms available at the Building Department or office of the Planner or Zoning Administrator together with a fee as stipulated by Council.
(2) Include all land which the applicant proposes to subdivide and all land immediately adjacent extending one hundred (100) feet from the subject property, or of that directly opposite the subject property, extending one hundred (100) feet from the street frontage of opposite land, with the names of owners as shown in the Assessor's files. This information may be shown on a separate current Tax Map reproduction from the Assessor's Office showing the subdivision superimposed on the Tax Map.
(3) Be accompanied by a minimum of ten (10) copies of the preliminary plat as described in these regulations.
(4) Be accompanied by a minimum of six (6) copies of construction plans as described in these regulations.
(5) Comply in all respects with the sketch plat.
(6) Be presented to the Building Department at least two (2) weeks prior to a regular meeting of the Commission.
(b) Preliminary Approval. After the Planning Commission has reviewed the preliminary plat and construction plans, the report of the Planner or Zoning Administrator, any municipal recommendations and public comment, the applicant shall be advised of any required changes and/or additions. The Commission shall approve, conditionally approve, or disapprove the preliminary plat within forty-five (45) days from the Official Submission Date. One (1 ) copy of the proposed preliminary plat shall be returned to the developer with the date of approval, conditional approval or disapproval and the reasons therefor accompanying the plat. Before the Commission approves a preliminary plat showing park reservation or land for other local government use that is proposed to be dedicated to the local government, the Commission shall obtain approval of the park or land reservation from Council. If the Planning Commission disapproves the proposed subdivision, the applicant may execute an appeal in the manner prescribed in Section 1155.15.
(c) Standards for Approval of Preliminary Plats. No preliminary plat of a proposed subdivision shall be approved by the Planning Commission unless the applicant provides substantial evidence that:
(1) Definite provision has been made for a water supply system that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of subdivision proposed;
(2) If a public sewage system is proposed, adequate provision has been made for such a system and, if other methods of sewage disposal are proposed, that such systems will comply with federal, state, and local laws and regulations;
(3) All areas of the proposed subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and that the proposed uses of these areas are compatible with such conditions;
(4) The subdivider has the financial ability to complete the proposed subdivision in accordance with all applicable federal, state, and local laws and regulations;
(5) An erosion and sediment control plan has been approved by the Village Engineer;
(6) The subdivider has taken every effort to mitigate the impact of the proposed subdivision on public health, safety, and welfare.
The Planning Commission is authorized to disapprove the preliminary plat even though the land proposed for subdivision is zoned for the use to which the proposed subdivisions will be put and the proposed use is inconsistent with the Comprehensive Plan.
(d) Public Improvements. The Planning Commission may require that all public improvements be installed and dedicated prior to the signing of the final subdivision plat by the Chairman of the Planning Commission. If the Planning Commission does not require that all public improvements be installed and dedicated prior to signing of the final subdivision plat by the Chairman of the Planning Commission, the Planning Commission shall require that the applicant execute a subdivision improvement agreement and provide security for the agreement as provided in Section 1157.01(b). The Planning Commission shall require the applicant to indicate all special districts for water, fire, and utility improvements which shall be required to be established or extended, and any other special requirements deemed necessary by the Planning Commission in order to conform the subdivision plat to the Official Map and the Comprehensive Plan of the Village.
(e) Effective Period of Preliminary Plat Approval. The approval of a preliminary plat shall be effective for a period of one (1) year from the date that the preliminary plat is approved by the Planning Commission or Council of the Village, at the end of which time the applicant must have submitted a final subdivision plat for approval. If a subdivision plat is not submitted for final approval within the one (1) year period, the preliminary approval shall be null and void, and the applicant shall be required to submit a new plat for sketch plat review subject to the then existing zoning restrictions and subdivision regulations.
(f) Zoning and Subdivision Regulations. Every plat shall conform to existing zoning regulations and subdivision regulations applicable at the time that the proposed preliminary plat is submitted for approval of the Planning Commission unless the Planning Commission or Council has taken official action toward amending the applicable zoning and subdivision regulations and the applicant has reason to know of that action.
(g) Grading of Site Prior to Final Approval. Subsequent to preliminary approval, the developer may apply for a site preparation (topsoil and excavation) permit from the Planning Commission or such other agency as Council may direct. The application for a site preparation permit shall include an erosion and sediment control plan. The Planning and Zoning Administrator must approve the erosion and sediment control plan prior to issuance of a site preparation permit. Upon receipt of the permit, the developer may commence construction to the grades and elevation required by the approve preliminary plat.