(a) Submission. The subdivider shall prepare and submit an application for approval of a final plat. Said application shall be filed with the Building Commissioner at least ten (10) working days prior to a regularly scheduled Council meeting. All applications for final plat approval shall include:
(1) A completed application form.
(2) Original Mylar and six (6) copies of the final plat and supplementary information as set forth in Section 1125.03.
(3) Original Mylar and six (6) copies of required construction plans.
(4) A cost estimate for installation of required improvements prepared and signed by a registered engineer.
(5) A letter signed by the subdivider describing any additional waivers required which were not reviewed with the preliminary plat.
(6) Plat review fees and deposits as established by Village Council, and
(7) A letter from the sanitary sewer provider stating that sewer capacity is available to adequately serve the proposed subdivision.
The final plat shall not be considered officially filed until it has been examined by the Building Commissioner and found to be in full compliance with the provisions of this Section and Section 1125.03.
(b) Submission Limitations.
(1) All final plats shall be subsequent to and substantially in conformance with a previously approved preliminary plat and shall have incorporated all changes or modifications required by the Village Council. The final plat shall be filed not later than twelve (12) months after the date of approval of the preliminary plat or within such time limits established at the time the preliminary plat was approved; otherwise, it will be considered void unless an extension was previously granted by the Village Council.
(2) Final plats may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time. Subdivisions may be submitted for final approval in consecutive sections provided that a preliminary plat has been approved for the entire subdivision and that improvement plans for any section include all improvements determined by the Village Engineer as required to support said section even when said improvements are located beyond the limits of the section.
(c) Transmittal and Review. Upon receipt of an application for final plat approval, the Building Commissioner shall transmit copies of the proposed 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 final plat for first reading at the next regularly scheduled Council meeting provided that a complete final plat 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 Director shall refer the final plat to the Planning and Zoning Commission for report and recommendation.
(d) Planning and Zoning Commission Action. The Planning and Zoning Commission shall take action on the final plat within sixty (60) days from the date the final 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 final 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 final plat.
The Commission may approve, conditionally approve, or disapprove said plat. If disapproved, the grounds for disapproval of the final plat shall be stated on the record of the Commission, including the reference to the regulation violated by the plat, and a copy of said record of the Commission shall be forwarded to the subdivider. The subdivider shall have forty- five (45) days or such time limit as may be established by the Commission to make any necessary corrections and resubmit the final plat to the Commission for approval. If the final plat and construction plans are acceptable, the subdivider shall be notified of the approval or conditional approval of the plat by the Commission. Said approval or conditional approval by the Planning and Zoning Commission shall constitute a recommendation of approval to the Village Council and the Commission Secretary shall forward such recommendation to the Clerk of Council. If the subdivider does not resubmit the corrected final plat within forty-five (45) days or such time limit as may be established by the Commission, the Commission Secretary shall forward a recommendation of disapproval to the Clerk of Council.
(e) Final Plat Approval. Upon receipt of the recommendation from the Planning and Zoning Commission, the Clerk of Council shall schedule the final plat for presentation to the Village Council for final approval and authorization for recording. Such approval shall not constitute acceptance or final approval of the improvements required to be installed by the subdivider. Consistent with Article III, Section 12 of the Charter, disapproval of a final plat by the Planning and Zoning Commission shall require a vote of five (5) members of Council for adoption or authorization.
(f) Recording of Final Plat. The Village, upon final plat approval by the Village Council and receipt of a performance guarantee acceptable to the Village Engineer, the Village Building Commissioner, and the Village Law Director, shall cause the approved final plat to be recorded in the office of the County Recorder. The costs incurred in filing the plat are the responsibility of the developer. Once the final plat is recorded, the subdivider may apply for building permits in compliance with all applicable regulations and procedures. Occupancy permits for any building, however, shall not be issued until the streets are accepted by the Village for public use in accordance with Section 1129.14.
(g) Completion of Improvements. Upon approval of the final plat, the subdivider shall install all required improvements and submit “as-built plans” based upon inspection records. All improvements shall be inspected and approved by the Village Engineer as provided in Section 1129.13.
(Ord. 2008-33. Passed 5-13-09.)