(a) Submission. The subdivider shall prepare and submit an application for approval of a preliminary plat. Said application shall be submitted to the Building Commissioner at least ten (10) working days prior to a regularly scheduled Council meeting. All applications for preliminary plat approval shall include:
(1) A completed application form.
(2) Six (6) copies of the preliminary plat and supplementary material as required in Section 1125.02.
(3) A plat review fee and deposits as established by Village Council, and
(4) A letter describing any requested waivers to the standard provisions of these subdivision regulations and the justification therefor.
No preliminary plat shall be considered officially filed until it has been examined by the Building Commissioner and is found to contain all of the required information as set forth in this Section and in Section 1125.02.
(b) Transmittal and Review. Upon receipt of an application as set forth in Section 1123.02(a) hereof, the Building Commissioner shall transmit copies of the proposed preliminary subdivision plat to the appropriate Village, County, and other officials and agencies for review and comment. The Building Commissioner shall forward a copy to the Law Director who shall prepare an ordinance approving the preliminary plat for first reading at the next regularly scheduled Council meeting provided that the complete application was received by the Building Commissioner at least ten (10) working days prior to the next Council meeting. If the application is received less than ten (10) working days prior to the next Council meeting, the ordinance approving the preliminary plat shall be read on first reading at the regular meeting of Council immediately following the next regular meeting. The ordinance prepared by the Law Department shall refer the preliminary plat to the Planning and Zoning Commission for report and recommendation.
(c) Commission Action. The Commission shall act on the preliminary plat within sixty (60) days from the date the preliminary plat ordinance is officially referred to the Planning and Zoning Commission or within such time frame as the Commission, at the request of the applicant and for good cause shown, may establish provided that such time frame may not exceed ninety (90) days from the date of referral. If the Planning and Zoning Commission fails to act within ninety (90) days from the date the preliminary plat ordinance is officially referred to the Commission, the Commission, consistent with Article III, Section 12 of the Charter, shall be deemed to have approved the preliminary plat.
After receipt of reports from such officials and agencies, the Commission shall determine whether to recommend to the Village Council the approval of the preliminary plat as submitted, approval with modifications, conditional approval, or disapproval. Consistent with Article III, Section 12 of the Charter, disapproval of a preliminary plat by the Planning and Zoning Commission shall require a vote of five (5) members of Council for adoption or authorization.
If a preliminary development plan is also required pursuant to Chapter 1143, a preliminary plat shall not be approved until the preliminary development plan is approved by the Planning and Zoning Commission. The Planning and Zoning Commission, however, may concurrently recommend approval of the preliminary plat and approval of the preliminary development plan.
(d) Notice of Recommendation and Action of Council. Notice of the Planning and Zoning Commission’s recommendation shall be supplied to the subdivider and the preliminary plat shall be forwarded to the Village Council for approval as submitted, approval with modifications, conditional approval, or disapproval. The action of the Village Council shall be noted on two (2) copies of the preliminary plat and the application form and one (1) copy of each returned to the subdivider. One copy of each shall be retained on file by the Building Commissioner.
(e) Effect of Approval. Approval of a preliminary plat by the Village Council shall not constitute approval of the final plat of the subdivision by the Village Council and does not constitute authorization to record the subdivision. Preliminary plat approval shall be effective for a period of one (1) year from the date of approval unless an extension of time is granted, for good cause shown, by the Village Council. The general terms and conditions under which the preliminary approval was granted will not be affected by any changes and/or amendments to these Regulations during the one (1) year time period following approval or such extension of time that the Village Council may grant. Upon expiration of a preliminary plat approval, no approval of a final plat shall be given until the preliminary plat has been resubmitted and approved.
(Ord. 2008-33. Passed 5-13-09.)