§ 154.006 SUBMISSION OR PRELIMINARY FINAL SUBDIVISION PLATS REQUIRED; RESTRICTIONS ON LAND BEFORE APPROVAL.
   (A)   Wherever any subdivision of land shall here after be laid out within the incorporated limits of the village or within contiguous territory not more than 1½ miles beyond the incorporated boundaries of the village, the subdivider thereof or his agent shall submit both a preliminary and a final subdivision plat to the village for its approval. The subdivision plats and procedures relating thereto shall in all respected be in full compliance with these regulations.
   (B)   Unit preliminary plans and plats for the subdivision are approved:
      (1)   No land shall be subdivided nor any street laid out, nor any improvements made to the natural land.
      (2)   No lot, tract, or parcel of land within any subdivision shall be offered for sale, nor shall any sale, contract for sale, or option be made or given.
      (3)   No improvements, such as sidewalks, water supply, storm water drainage, sanitary sewer facilities, gas service, electrical service, lighting, grading, paving, or surfacing of streets shall hereafter be made by any owner or his agent, or by any public service corporation at the request of such owner or his agent.
      (4)   Unsuitable land.
         (a)    No land shall be subdivided for any use which is determined by the Plan Commission, after investigations by the Village Engineer, to be unsuitable for such use by reason of flooding or bad drainage, adverse earth and rock formation or topography, or any other feature likely to be harmful to the health, safety, or welfare of the future residents in the proposed subdivision or of the community. However, if the subdivider agrees to make improvements which will, in the opinion of the Village Engineer, make the area safe for occupancy and provide adequate lot and street drainage and storm water detention facilities, the subdivision may then be approved.
         (b)   For flood limits, surface water runoff, and hardship, refer to the following:
            1.   Flood hazards. Any use of the flood plain shall not reduce the area available for flooding purposes nor cause any hazard to surrounding properties.
            2   .Surface water runoff.
               a.   Runoff of surface water from each tract or parcel shall be limited to a maximum of 1/20 of one foot per hour of runoff per acre of land or fraction thereof.
               b.   Detention basins or equivalent shall be provided by the subdivider or developer to accomplish the limit of surface water runoff as herein forth set forth. Where waterways, channels, ditches, streams, or rivers are traversed, the design of the facilities should not be less than a 100-year frequency storm.
               c.   Due cognizance shall be taken to the effect of development of any land tract to downstream owner and surrounding areas affected by rainfall and surface water runoff.
            3.   Hardship. Where the land developer or subdivider can show that the strict adherence to the design standards set forth causes an unnecessary hardship, the Village Board of Trustees may approve a variance. Such variance may be granted or denied after recommendation of the Plan Commission and where topography and conditions peculiar to the site or surrounding area substantiate a variance without destroying the intent of the provisions of this chapter. Such recommendation of the Plan Commission may be base on an opinion of the Village Engineer.
   (C)   All offerings or dedications of land to the village for use as streets, highways, alleys, schools, parks, playgrounds, or other public uses shall be referred to the Plan Commission for review and recommendation before being accepted by the Village Board of Trustees or any other governing authority of the village.
   (D)   Where a tract of land proposed for a subdivision is part of a larger, logical subdivision unit in relation to the village as a whole, the Plan Commission may, before approval, cause to be prepared a plan for the entire area, or neighborhood, such plan to be used by the Plan Commission as an aid in judging the proposed plat. The Village Engineer shall cooperate with the Plan Commission by furnishing such surveys and data as may be necessary.
('70 Code, § 8.1.4) (Ord. 79-08, passed 11-26-79) Penalty, see § 154.999