(A) (1) Upon receipt of a complete land division application package from an applicant, the Planning Commission shall approve, approve with reasonable conditions to assure compliance with applicable ordinances and the protection of public health, safety, and welfare, or disapprove the land division applied for. The Planning Commission’s decision to approve, approve with conditions, or disapprove the land division shall be made within 45 days after receipt of the complete application package conforming to this chapter’s requirements (including any and all required zoning approvals).
(2) The Planning Commission shall promptly notify the applicant, in writing, of the decision(s) and the reasons for any denial. If the application package does not conform to the requirements of this chapter and the Act, the Planning Commission shall return the application to the applicant for completion in accordance with this chapter and the Act.
(B) Any person or entity aggrieved by the decision of the Planning Commission may, within 30 days of the decision, appeal the decision to the Village Council, which shall consider and resolve the appeal by a majority vote at its next regular meeting.
(C) Land division approvals shall be valid only for a period of 60 days from the date of approval by the village. If the deeds or land contracts for the lots proposed by the land division are not properly recorded and accepted by the County Register of Deeds (with a copy to the Planning Commission) within this time period, the land division approval shall be considered null and void, and a new application must thereafter be submitted.
(1) The 60-day time limit may be extended for an additional 60 days by the Planning Commission, or for a longer period by the Village Council, as determined appropriate by the Planning Commission or Village Council, as applicable.
(2) If an amendment to the Zoning Ordinance or other village ordinance becomes effective prior to the land division being recorded, and the amendment applies to any of the resulting parcels in a way which would make the proposed lot or lots violate the Zoning Ordinance or other village ordinance, the land division approval shall be null and void, even if the 60-day time limit (or any extension thereof) has not expired.
(D) Any notice of approval for a resulting parcel of less than one acre in size shall contain a statement that the village is not liable if a building permit is not issued for the parcel for the reason that the parcel fails to satisfy the requirements of §§ 108 and 109 of the Act, including approval of on-site water supply and on-site sewage disposal under the standards set forth in § 105(g) of the Act.
(E) The Planning Commission shall maintain an official record of all land division applications, including denied, approved, unrecorded and accomplished land divisions.
(Prior Code, § 150.06) (Ord. 46, passed 2-18-2003)