(A) General procedure. Major subdivision shall be approved n four stages; preliminary discussion state, preliminary plan stage, improvement plan state, and the plat stage.
(1) The preliminary discussion stage requires the subdivider to discuss the proposed subdivision with the appropriate agencies so that he can become familiar with subdivision requirements, existing conditions, and future plans.
(2) The preliminary plan stage requires the subdivider to present all information needed to enable the Commission to determine that the proposed layout is satisfactory and will serve the public interest. This stage also insures that the subdivider will not be required to expend excessive monies without some assurance that his plat will be finally approved.
(3) The improvement plan stage requires the subdivider to present all the information needed to enable the Village Engineer to check the drainage areas and to determine that the storm sewers, sanitary sewers, waterlines, and material proposed for street construction meets the requirements of this chapter and the specifications of the Village Engineer.
(4) The final plat stage requires the subdivider to present a complete survey plat to enable the Commission to determine that the subdivision fully complied with this chapter and conforms to the approved preliminary plan and the improvement plans. (See § 151.096 for details.)
(B) Preliminary discussion. The subdivider shall consult with the Planning Commission. He shall submit a preliminary discussion map including all items required by § 151.041 and shall also obtain a preliminary steps certification form (See Appendix C) from the Village Engineer, which shall be signed by the agencies listed on the certification form.
(C) Preliminary plan procedure.
(1) Submission of preliminary plan. The subdivider shall make application to the Commission for approval of a preliminary plan. All information required by § 151.042 shall be submitted to the Village Engineer at least two weeks before the meeting of the Planning Commission at which the plat is to be acted upon.
(a) Two copies of application. (See Appendix B)
(b) One copy of the preliminary steps certification form. (See Appendix C)
(c) Eight copies of the preliminary plan including a vicinity map. (See Appendix D)
(d) Any other date that the Village Engineer deems necessary.
(e) Preliminary plan fees. (See § 151.099)
(2) Transmission of preliminary plan.
(a) The Village Engineer shall transmit a copy of the preliminary plan to the following official and agencies for their review and recommendations. Prior to the Planning Commission meeting, a date on which the site will be viewed shall be established by the Village Engineer. The officials and agencies listed below shall be requested to attend this viewing along with the developer and his engineer.
1. The Village Engineer.
2. The Planning Commission.
3. The School Board.
4. The County Planning Commission.
5. Park Board.
(b) The Village Engineer may transmit additional copies of the preliminary plan documents to utility companies and others as deemed necessary. The officials and agencies shall be requested to make their review and recommendations to the Village Engineer within seven days from the date of transmission.
(3) Official filing of preliminary plan. Upon determination by the Village Engineer within seven days from the date of transmission.
(4) Planning Commission action. The Planning Commission, within 30 days of the date of official filing shall approve, approve conditionally, or disapprove the preliminary plan. The action shall be noted on both the preliminary plan and the preliminary plan application form and a copy of each returned to the subdivider. The action shall also be entered on the official records of the Planning Commission and a copy of the preliminary plan with action noted kept on file.
(5) Effect of approval. Approval of a preliminary plan by the Planning Commission is not an acceptance of the subdivision for record. It is an approval of a general plan as a guide for the preparation of improvement plans and a subdivision plat for final approval and recording upon fulfillment of all requirements of this chapter. Approval of a preliminary plan shall be effective for a period of one year following the date of approval by the Planning Commission, unless an extension of time is granted. Upon expiration of a preliminary plan approval, no approval of a final plat shall be given until the preliminary plan has been resubmitted and approved. Construction of improvements shall not begin until action on the final plat has been taken. (See division (E)(3) below)
(D) Improvement plan procedure. The developer's engineer shall prepare improvement plans which include all phases of the work to be performed to make the land suitable for development into the use proposed. These plans shall be complete and precise in all details and be submitted to and approved by the Village Engineer before any improvements are constructed.
(E) Plat procedure.
(1) Submission of the plat.
(a) The subdivider shall make application to the Planning Commission for approval of a plat. The plat submitted shall conform to the approved preliminary plan. Subdivisions may be submitted
for final approval in consecutive sections provided that preliminary plan and improvement plan approval has been given for the entire subdivision.
(b) All items as required by § 151.043 shall be submitted to the Village Engineer as follows:
1. Two copies of the application for plat approval. (See Appendix E)
2. Original tracing and two copies of plat and vicinity map. (See Appendix F)
3. Original tracing and four copies of approved improvement plans.
4. Plat fees. (See § 151.099)
5. One copy of financial guarantees approved by Village Solicitor in an amount stated by the Village Engineer.
(c) The Village Engineer may request additional copies of any of the above items and any other additional information deemed necessary. Within five working days of the date of submission, the Village Engineer shall notify the subdivider of such omissions.
(2) Official filing of plat. The Village Engineer shall present to the Planning Commission the plat documents, which meet the requirements of § 151.043, at the next meeting after all required documents have been submitted. Upon determination by the Planning Commission that the plat has been properly submitted, the Planning Commission shall accept the plat as being officially filed and shall certify on the copies the date of acceptance.
(3) Planning Commission action.
(a) The Planning Commission shall approve or disapprove the plat within 30 days from the date of official filing or within a mutually agreed upon time extension; otherwise, the plat shall be deemed to have been approved.
(b) One of the following actions shall be taken by the Planning Commission:
1. Final approval. The Planning Commission may give final approval before all required improvements are installed, authorizing its chairman to sign the plat at such time as a construction agreement and a cash bond, acceptable to the Village Solicitor and in the amount stated by the Village Engineer, are provided for the purpose of assuring installation of such improvements. The amount of such cash bond shall be sufficient to cover the cost of all improvements, based upon an estimate by the Village Engineer. Upon receipt of the Village Engineer's certification and determination that all the requirements of these regulations have been met, the Planning Commission may give final approval and shall indicate such approval and date of the racing of the plat.
2. Disapproval. Should the Planning Commission determine to disapprove the plat, written notice of such action, including reference to the regulations or regulation violated by the plat, shall be mailed to the subdivider. The action shall also be entered on the official records of the Planning Commission.
3. Approval without Board action. In the event the Planning Commission shall fail to approve or disapprove the plat within 30 days from the date of its official filing, or within a mutually agreed upon time extension, the plat shall be deemed to have been approved.
(4) Effect of approval. Final approval of a plat by the Planning Commission shall not be an acceptance by the public of the offer of dedication of any street, highway, or other public ways or open space upon the plat unless such acceptance is also endorsed by the Village Council upon the tracing of the final plat.
(5) Recording of plat. After final approval of a plat by the Planning Commission, the subdivider shall then return the tracing to the Village Engineer, who after rechecking, shall then present the plat to the County Auditor for transfer and to the County Recorder for recording. All fees required in connection with the above process as well as costs of reproductions of said plat shall be paid by the subdivider. Upon recording of the plat, the tracing of said plat shall be permanently retained by the Planning Commission and filed with the Village Engineer.
(Ord. 57-1981, passed 10-21-81; Am. Ord. 2018-80, passed 11-20-18)