§ 151.366 PUBLIC HEARING; NOTICE.

   (A)   The Planning Commission shall hold a public hearing on each variance request not more than 60 days after the variance application is submitted to them.

   (B)   At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney.

   (C)   Notice indicating the time, date and place of the hearing and the nature of the proposed variance shall be given not more than 30, nor less than 15, days before the hearing.

      (1)   The applicant will give notice by certified mail or notarized signatures on a sheet to all parties whose property would be directly affected by the proposal must include all adjoining property owners. The applicant shall submit to the village staff prior to the public hearing proof (certified return receipt) that all parties have been notified. If proof is not given at least one business day prior to the public hearing, the application shall be removed from the agenda and the public hearing must be rescheduled.

      (2)   The village will publish notice in a newspaper of general circulation within its municipality at the applicant's expense.

§ 151.367 RECOMMENDATION, FINDINGS OF FACT.

   (A)   After the public hearing, the Planning Commission shall submit a recommendation to the Village Board of Trustees.

   (B)   The Planning Commission recommendation shall state the Planning Commissions’ findings regarding the variance request.

   (C)   The Planning Commission shall use the same criteria for a variance review as listed in § 151.369.

(Am. Ord. 2020-03-02A, passed 3-2-2020)

§ 151.368 IMPOSITION OF CONDITIONS AND RESTRICTIONS.

   The Planning Commission may recommend such conditions and restrictions upon the premises benefitted by a variation as may be necessary to prevent injurious effects therefrom upon other property in the neighborhood, village right-of-way, public infrastructure or public safety and to better carry out the general intent of this Code.

(Am. Ord. 2020-03-02A, passed 3-2-2020)

§ 151.369 TERMS OF RELIEF; FINDING OF FACT.

   (A)   The Village Board of Trustees shall render a decision on every variance request within a reasonable time after receipt of the Planning Commissions’ recommendation. This is not meant to imply the next scheduled committee at large meeting or Village Board Meeting after the Planning Commission recommendation is submitted.

   (B)   The Village Board of Trustees shall not grant any variance unless, based upon the information presented, it determines that:

      (1)   The proposed variance is consistent with the general purposes of the Development Code;

      (2)   Strict application of the design and improvement requirements would result in great practical difficulties or hardship to the applicant, not a mere inconvenience;

      (3)   The proposed variance is the minimum deviation from the requirements that will alleviate the difficulties/hardship;

      (4)   The plight of the applicant is due to peculiar circumstances not of his or her own making;

      (5)   The peculiar circumstances engendering the variance request are not applicable to other tracts and, therefore, that a variance would be a more appropriate remedy than an amendment;

      (6)   The variance, if granted, will not substantially impair implementation of the Village's Development Code including the Official Map; and

      (7)   The proposed variance is not based upon complaint of lack of reasonable return or hardship because applicant paid more for property than it was worth basing the purchase price upon anticipation of obtaining a variance or hardship because applicant failed to exercise due diligence in researching the limitation of the site.

(Am. Ord. 2020-03-02A, passed 3-2-2020)

PRELIMINARY PLAT

§ 151.380 GENERALLY.

   (A)   Except as specifically provided otherwise below, every person who proposes to subdivide any land located within the subdivision jurisdiction of the village shall submit four copies of the preliminary plat of the subdivision with the village staff for filing subject to § 151.340.

   (B)   They shall also file one copy of the preliminary plat and supporting data with the St. Clair County Soil and Water Conservation District. The district shall have not more than 30 days to submit any comments it might wish to make to the Village Planning Commission.

   (C)   Whenever a large tract is to be developed in stages and only a portion of that tract is submitted for final plat approval, nonetheless, a preliminary plat of the entire tract shall be submitted. A preliminary plat shall be required of all proposed land subdivisions within the jurisdictional boundaries of the village unless the subdivision is:

      (1)   Minor subdivisions, as defined at § 151.010; or

      (2)   Land that is specifically exempted from the Illinois Plats Act, being ILCS Ch. 765, Act 205, as now or hereafter amended.

§ 151.381 INFORMATION REQUIRED.

   (A)   Every preliminary plat shall be prepared by a land surveyor registered in the state at any scale necessary for clarity provided the resultant drawing does not exceed 36 inches square.

   (B)   The preliminary plat, together with the supporting data, shall provide all of the following information:

      (1)   Names and addresses of the owner, subdivider (if not the owner) and registered land surveyor;

      (2)   Location, boundaries and name of the proposed subdivision;

      (3)   Zoning district classification of the tract to be subdivided;

      (4)   North arrow, graphic scale, date of map, dimensions of the tract and its gross area;

      (5)   Plan for pedestrian, bike and vehicular traffic with planning for internal circulation within proposed and neighboring tracts and multiple points for emergency access;

      (6)   Topography of the tract to be subdivided as indicated by two-foot contour data (to include existing and proposed);

      (7)   Locations of such features as bodies of water, ponding areas, natural drainage ways, railroads, cemeteries, bridges, parks, schools and the like within or adjacent to the tract to be developed;

      (8)   Locations and right-of-way widths of all existing and proposed streets;

      (9)   Locations, widths and purposes of all existing and proposed easements;

      (10)   Location and size of existing and proposed sanitary sewers, storm sewers and detention areas, drainage ways, green space, wetlands, flood plains, riparian corridor habitat linkage and 100-year high water elevation;

      (11)   Locations of all other existing and proposed utilities;

      (12)   Locations, dimensions, and areas of all parcels to be reserved for parks/playgrounds, or other public purposes; and

      (13)   Locations, dimensions and areas of all proposed or existing lots within the subdivision.