§ 155.047 PRELIMINARY PLAT.
   (A)   Filing the preliminary plat. The subdivider shall file 21 prints of the preliminary plat of the proposed subdivision with the Plat Officer for referral to the Planning and Zoning Commission and other public officials. A transmittal letter shall be filed with the preliminary plat that states the ownership of the land to be subdivided, the engineer, the availability of utilities, variances requested, proposed covenants and other information pertinent to the Commission’s consideration.
   (B)   Special information required.
      (1)   If the legal owner desires to appoint a duly authorized agent to act on his or her behalf, he or she shall file a written statement designating such agent.
      (2)   Any application wherein the title to land is held in a trust shall be signed by the land trustee, and the land trustee shall also disclose in writing the names and amount of beneficial ownership of all persons with a beneficial interest in the trust. Any changes in the beneficial ownership of the trust during the subdivision process shall be immediately disclosed in writing by the trustee.
   (C)   Contents of the preliminary plat. The preliminary plat shall contain the following information:
      (1)   Description.
         (a)   Name of proposed subdivision;
         (b)   Area of proposed subdivision;
         (c)   Name and address of owner and developer;
         (d)   Name and address of engineer.
         (e)   Scale and north point. Scale to be not more than 100 feet to the one inch;
         (f)   Location sketch showing location of the subdivision in relation to existing roads; and
         (g)   All plats and revised plats must contain date.
      (2)   Existing conditions.
         (a)   Topography by contours with interval of two feet or less;
         (b)   The location of all existing property lines, section lines, streets, buildings, watercourses, utilities, 100-year designated flood plain and other pertinent features within and adjacent to the proposed subdivision; and
         (c)   The existing zoning classification of the proposed subdivision.
      (3)   Proposed conditions.
         (a)   Location, width and name of all streets;
         (b)   Location and width of all alleys and walkways;
         (c)   Layout including lot line, lot numbers, scaled dimensions and lot area of all lots;
         (d)   Location and size of any areas to be conveyed or reserved for parks, scenic ways, walkways, playgrounds, schools, public buildings or other similar semi-public or public uses; and
         (e)   Designation of any lots to be used for duplex or multi-family development.
      (4)   Certificates. Certain certificates must appear on all preliminary plats. The appropriate forms of certificates are on file at the office of the Village Clerk and the subdivider shall consult the Village Clerk and provide the appropriate certificates on the preliminary plat.
      (5)   Vertical and horizontal datums.
         (a)   All subdivisions of land within or to be annexed into the village shall be surveyed utilizing the State Plane Coordinate System - West Zone, as applicable. The survey of land shall be prepared by or under the direct supervision of a state professional land surveyor.
         (b)   Property corner coordinates shall be stated on the final plat in grid coordinates that list the point number, northing and easting. The following information shall be included in the final plat and shall be a condition for approval:
            1.   National Geodetic Survey (NGS) control point monument for origin of State Plane Coordinates;
            2.   Elevation in North American Vertical Datum (NAVD) 1988 datum (U.S. Survey feet);
            3.   State Plane Coordinates Zone in North American Datum (NAD) 1983 (U.S. Survey feet);
            4.   Northing;
            5.   Easting; and
            6.   Grid factor.
   (D)   Distribution of preliminary plat for review. Upon receipt of the preliminary plat, prints shall immediately be directed to the following persons for review and comment:
      (1)   Two prints to the Village Engineer;
      (2)   One print to the Director of Building and Zoning;
      (3)   Two prints to the County Superintendent of Highways for transmittal of one print to the appropriate Highway Commissioner;
      (4)   One print to the Soil and Water Conservation District;
      (5)   One print to the District Superintendent of Schools;
      (6)   One copy to be retained by the Plat Officer for his or her records;
      (7)   Two copies to be used for certifying Planning and Zoning Commission approval. After certification, one to be retained by Village Clerk and one to be returned to subdivider;
      (8)   One copy each to telephone, gas, electric and cable companies to serve the area;
      (9)   Seven copies to the Planning and Zoning Commission members; and
      (10)   One copy to the Fire District.
   (E)   Planning and Zoning Commission action.
      (1)   The Plat Officer shall distribute to the Planning and Zoning Commission members, at least ten days prior to the next meeting of the Planning and Zoning Commission, seven copies of the preliminary plat along with copies of any written recommendations of the Plat Officer, Village Engineer and the Director of Building and Zoning, Soil and Water Conservation District and County Superintendent of Highways and Township Highway Commissioner and District Superintendent of Schools, or others to whom prints of the plats have been directed.
      (2)   The date of the meeting of the Planning and Zoning Commission wherein the preliminary plat is first presented shall be deemed the formal application date. Within 90 days of the formal application date, the Planning and Zoning Commission shall either recommend approval, recommend conditional approval with modifications or recommend disapproval of the preliminary plat. The 90-day time limit may be extended by mutual consent of the subdivider and Planning and Zoning Commission.
      (3)   If the recommendation of the Commission on the proposed plan of subdivision is for disapproval, then within said 90-day period the Planning and Zoning Commission shall furnish to the subdivider a written statement setting forth the reasons for disapproval and specifying with particularity the aspects in which the proposed plat fails to conform to this chapter including the official map.
      (4)   If the preliminary plat is recommended by the Planning and Zoning Commission, two copies of the proposed plat will be so certified by the Planning and Zoning Commission Chairperson and a copy of the findings and action of the Commission relative to the subdivision attached to each. One certified copy will be filed with the Village Clerk and one copy will be returned to the subdivider.
   (F)   Village Board action.
      (1)   Time requirement. The Village Board shall accept or reject said preliminary plat within 30 days after the next regularly scheduled meeting following the action of the Planning and Zoning Commission provided the Planning and Zoning Commission action is at least 15 days prior to the next Village Board meeting and that eight copies are promptly (within seven days) provided by the subdivider to be distributed to the Village Board.
      (2)   If approved. If the preliminary plat is approved, the Village Clerk shall attach a certified copy of the resolution of approval of two copies of the plat.
      (3)   If disapproved. If the preliminary plat is disapproved, the resolution shall state the reasons for disapproval, specifying with particularity the aspects in which the proposed plat fails to conform to this chapter including required relationship to the comprehensive plan and the official map.
   (G)   Procedure if preliminary plat approved.
      (1)   (a)   Approval of the preliminary plat shall not constitute approval of the final plat, nor does it qualify the plat for recording.
         (b)   Said approval shall only be deemed as approval of the layout submitted on the preliminary plat as a guide to the preparation of a final plat.
      (2)   A copy of the preliminary plat with the Clerk’s certificate shall remain on file with the Village Clerk, and a copy of the plat so endorsed shall be returned to the subdivider. Additional copies of the preliminary plat shall also be provided by the subdivider for the Village Engineer and Plat Officer.
(2009 Code, § 35-3-3) (Ord. 91-4, passed 5-6-1991; Ord. 06-04, passed 7-10-2006)