(A) Pre-application conference. Before submitting a preliminary plan and plat, the applicant is encouraged to confer with the Zoning Administrator and the Plan Commission and other official units of government affected thereby as well as those providing services to the area in question to initiate pre- planning activities and obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of detailed plans, surveys and other data.
(B) Applicability of subchapter.
(1) No land within the subdivision jurisdiction of the village, other than land that is specifically exempted from the requirements of this chapter, as provided in § 151.08 shall be subdivided or developed except in compliance with the regulations of this chapter and the applicable provisions of state law. No lot in any subdivision shall be conveyed until:
(a) The portion of the subdivision in which the lot is located has been improved in accordance with the requirements of this subchapter or until a performance bond or other security has been posted to assure the completion of such improvements; and
(b) The final plat of the subdivision has been approved by the Village Board of Trustees and recorded in the office of the County Recorder of Deeds.
(2) No building permit shall be issued to allow construction on any lot conveyed in violation of this section.
(C) Minor subdivisions. Minor subdivisions as defined in § 151.07 may be exempted from the procedures and requirements for preliminary plats and the subdivider may proceed to filing of the final plat for review. Final plat procedures and requirements shall be as specified in §§ 151.50 and 151.51(A)·
(D) Preliminary plan and plat.
(1) Subdivider. The subdivider shall file with the village at the office of the Zoning Administrator ten copies of the preliminary plan and plat at least ten days prior to the regularly scheduled Plan Commission meeting. Such application shall include the following:
(a) Requested information. A written request to the Plan Commission for preliminary review of such subdivision and a general description of the location and size of the tract to be platted; the intent as to character type and use of the property and structures to be developed; the deed restrictions proposed, if any; a statement of mineral rights; the extent and character of the improvements to be made by the subdivider, the zone district classification(s) of the territory and compliance of the proposed subdivision thereto. If appropriate, a description of any unique hardship or difficulty limiting the physical development of the property under consideration and a description of any past history of the property under consideration which is pertinent thereto.
(b) Documentation. The necessary documentation in accordance with the requirements of this chapter. (See § 151.21)
(c) Filing fee. A filing fee sufficient to cover the engineering inspection fees to be incurred by the village.
(2) Procedure.
(a) Distribute copies. The Zoning Administrator shall immediately distribute a copy to the Village Board of Trustees' Water and Sewer Committee(s); a copy to the School Superintendent(s); a copy to the Soil and Water Conservation Service; a copy to the Village Engineer; a copy to the Mayor; two copies to the Plan Commission; and a copy to the Fire Chief.
(b) Time constraints. The Commission shall review the preliminary plat within 60 days from the date of application or the filing by the subdivider of the last item of required supporting data, whichever date is later, unless such time is extended by written mutual consent, and shall determine whether the preliminary plat shall be approved as submitted; shall be approved subject to certain conditions or modifications; or shall be disapproved.
(c) Plan Commission review. The action of the Plan Commission shall be noted in writing and if such preliminary plat is disapproved or is conditionally approved, the Commission shall furnish written notice of such action to the applicant setting forth the reasons for disapproval or conditional approval and specifying with particularity the aspects in which the preliminary plat fails to conform to this Code of Ordinance including the comprehensive plan.
(d) Board of Trustees review. The Village Board of Trustees shall accept or reject the preliminary plat within 30 days after its next regularly scheduled meeting following the action granting approval of the preliminary plat by the Commission, unless such time is extended by written mutual agreement of the Village Board of Trustees and the applicant, or such preliminary plat will be deemed as approved. The Village Board of Trustees shall indicate by letter whether the preliminary plat is approved or disapproved as submitted. If the preliminary plat is disapproved, the letter shall state the reasons for disapproval.
(e) Office approval. A certified copy of the letter of approval or disapproval by the Village Board of Trustees shall be attached to the preliminary plat and shall be filed with the Village Clerk; one such copy shall be filed with the Zoning Administrator, and one copy shall be returned to the subdivider. Approval of the preliminary plat shall not qualify the preliminary plat for recording with the County Recorder of Deeds.
(f) Rights and privileges of subdivider. Preliminary plat approval shall confer upon the subdivider the following rights and privileges:
1. That the preliminary plat approval will remain in effect for a one-year period. The applicant may, during this period, submit all of or part or parts of the preliminary plat for final approval. In the event that the subdivision is being developed in stages, the applicant may, by written mutual agreement with the Plan Commission, have final approval of the last part of the plat delayed for a period not to exceed three years from the date of the preliminary plat approval. Any part of a subdivision which is being developed in stages shall contain a tract of land at least one block in length.
2. That the general terms and conditions under which the preliminary plat approval was granted will not be changed.
(Ord. passed - - )