(A) Submission to Village Manager. All applications for division or partitioning of land shall be submitted, together with the required information, to the Village Manager.
(B) Review by Staff.
(1) The Village Manager shall review the application for completeness of data and to determine whether it is in compliance with this Ordinance. The Village Manager may submit the application to various departments, legal counsel, and consultants of the village for review and recommendation, including but not limited to departments or consultants having jurisdiction over legal matters, assessing, planning, engineering, or building code enforcement functions.
(2) In the event submittal to consultants for review and recommendation shall result in cost incurred by the village for payment of consulting fees or legal fees, the applicant shall be notified of the estimated amount of these fees. Prior to further processing of the application, the applicant shall deposit with the village a sum of cash equal to the amount of the estimated fees. The applicant shall be charged the exact cost to the village of these consulting or legal fees, with any fees in excess of the amount of the applicant's deposit being paid to the village by the applicant prior to Village Council approval. If the fees are less than the deposit, a refund in the appropriate amount shall be made to the applicant.
(C) Recommendation to the Planning Commission. Upon review of the proposed division or partitioning of land, and after consideration of the comments submitted by departments or consultants, the Village Manager shall submit a recommendation to the Planning Commission which shall review the application and submit its recommendation to the Village Council, based on the standards set forth in this subchapter.
(D) Decision by Village Council. After reviewing the recommendation submitted by the Planning Commission, the Village Council shall make the final decision concerning any application for division or partitioning of land, based on the standards set forth in this subchapter.
(E) Action of Board of Zoning Appeals. The Board of Zoning Appeals shall hear a request for variations or deviations from the provisions of the Zoning Ordinance, adopted in Chapter 158, but only in cases where the Village Council has granted approval for the dividing or partitioning of land, conditioned upon the applicant's successfully obtaining the necessary variances.
(Ord. 25.01, passed 9-9-85; Am. Ord. 25.02, passed 1-10-94)