(A) Preliminary Plat: The subdivider shall prepare a preliminary plat together with improvement plans and other supplementary material as specified in section 11-5-2 of this title.
(B) Application For Submission: The subdivider shall complete a written subdivision application for submission to the plan commission with the preliminary plat. The subdivision application form shall be available at the village hall during regular business hours or from the plat officer. The subdivision application shall be in a form as established by the plan commission.
(C) Submission Of Application: The subdivider shall submit three (3) full size copies of the preliminary plat and supplementary material specified herein and ten (10) reduced sized copies of the main preliminary plat, along with a written subdivision application, to the plat officer for transmittal to the plan commission at least ten (10) working days prior to the plan commission meeting at which the preliminary plat and subdivision application are to be considered by the plan commission. The subdivider shall also submit payment of any fees or costs with the preliminary plat and application.
(D) Public Hearing: The plan commission shall hold a public hearing on the preliminary plat and subdivision application.
(E) Review Of Preliminary Plat: The plat officer shall inform the subdivider of the time and place of the hearing when the plan commission shall review the preliminary plat and subdivision application. If the subdivider or other interested party requests a special meeting of the plan commission to review a subdivision application, then the cost of said special meeting shall be paid by such requesting person. This cost shall include the salary or stipend of each plan commission member and the plat officer for attending the special meeting.
(F) Plan Commission Meeting; Copies Needed: The plat officer shall provide a copy of the application and the preliminary plat and supporting materials to each plan commission member at least seven (7) days prior to the plan commission meeting when the preliminary plat and subdivision application will be considered.
(G) Hearing Procedures:
1. The chairman (or acting chairman) of the plan commission shall announce the public hearing on the proposed subdivision.
2. A summary of the proposed subdivision shall be provided to the plan commission and the public by the chairman of the plan commission or his designee, which shall include a brief description of the location of the property and the proposed subdivision.
3. The subdivider shall then be permitted to describe the proposed subdivision and any supporting information or documents, including the preliminary plat and subdivision application, and to provide any evidence or testimony supporting the proposed subdivision request.
4. During the subdivider's presentation in support of the proposed subdivision, the chairman may allow plan commission members to also ask questions or make comment as the chairman determines to be appropriate.
5. At the conclusion of the presentation of the proposed subdivision by the subdivider, the chairman shall allow public comment, including evidence and testimony from any opposition to the proposed subdivision. The chairman may limit opposing parties to one or more representatives during the hearing when appropriate for the proper and efficient conduct of the meeting.
6. At the conclusion of the presentation of evidence and comment in support of or against the proposed subdivision, the chairman shall allow the plan commission to further discuss and deliberate on the decision to recommend approval or disapproval of the preliminary plat and subdivision application.
7. The plan commission may only recommend approval or disapproval of the preliminary plat and subdivision application upon the concurring vote of a majority of the plan commission members present provided a quorum exists to conduct the hearing.
(H) Recommendation: After the public hearing, the plan commission shall make a recommendation to approve or disapprove the preliminary plat and subdivision application, provided that such recommendation shall be made within ninety (90) days from the date of application or the filing of the last item of required supporting data, whichever date is later, unless such time period is extended by mutual consent. Such recommendation shall be provided to the village board within seven (7) days in writing, which shall include any findings or conditions of such recommendation, if any.
(I) Disapproval Of Preliminary Plat: If the plan commission recommends disapproval of the preliminary plat and subdivision application, the plan commission shall provide the subdivider with a statement in writing setting forth the reasons for its recommendation, specifying in detail how the proposed subdivision does not meet the requirements of this title or fails to comply with the official map. This written statement shall be provided to the subdivider within the same ninety (90) day period. At the subdivider's request, the subdivider may revise the preliminary plat and subdivision application and resubmit these documents to the plan commission for approval without paying an additional filing fee. Upon the subdivider's request to resubmit the preliminary plat and subdivision application, this action shall constitute a mutual agreement to extend the time periods for reviewing the preliminary plat and subdivision application. The subdivider shall resubmit the revised preliminary plat and subdivision application, including any necessary supporting documents, at least seven (7) days prior to the next scheduled plan commission meeting in order for the plan commission to review the revised preliminary plat and subdivision application. During the resubmission process, negotiations between the subdivider and the plan commission or the plat officer may occur as to the type and extent of revisions to be made by the subdivider.
(J) Village Board Action: The village board shall have thirty (30) days after its next regularly scheduled meeting following the plan commission's recommendation to review the plan commission's recommendation and decide whether to approve or disapprove the preliminary plat and subdivision application. The village board may adopt the recommendation of the plan commission upon a concurring vote of a majority of all village board members. The village board can only take action that is adverse to the plan commission by a vote of two-thirds (2/3) of all board members. If the preliminary plat and subdivision application are approved by the village board, the subdivider may proceed with preparing the final plat. If the preliminary plat and subdivision application are disapproved, the subdivider may make revisions in the preliminary plat or subdivision application and resubmit the revised preliminary plat and subdivision application for approval. The revised preliminary plat and subdivision application must first be resubmitted for review by the plan commission in accordance with the procedures set forth herein for the plan commission's recommendation before further review by the village board. However, the plan commission shall have the discretion to determine whether a new public hearing is necessary on the revised preliminary plat and subdivision application prior to the plan commission's review of the revised preliminary plat and subdivision application depending on the scope and scale of revisions being made.
(K) Approval; Copies Needed: Upon the village board's approval of the preliminary plat, two (2) copies of the original preliminary plat shall be endorsed by the village president, with one copy being provided to the subdivider and one copy being provided to the village clerk. The village board's conditional approval of the preliminary plat does not qualify it for recording, but shall be construed as an expression of approval of the general layout submitted as a guide to the preparation of the final plat and an assurance to the subdivider that the final plat will be approved if it conforms to the terms of the conditionally approved preliminary plat.
(L) Fee: The subdivision application shall be accompanied by cash, a check, or money order, in the amount of fifty dollars ($50.00). Such payment shall be made payable to the village and provided to the plat officer, who shall promptly provide the payment to village collector for deposit into the general corporate fund of the village. A revised preliminary plat and subdivision application shall not require the payment of an additional fee. (Ord. 2005-09, 12-19-2005)