(A) Subdivider. The subdivider shall file with the village at the office of the Zoning Administrator ten copies of the preliminary plan and plat at least ten days prior to the regularly scheduled Plan Commission meeting. The application shall include the following.
(1) Requested information. A written request to the Plan Commission for preliminary review of the subdivision and a general description of the location and size of the tract to be platted; the intent as to character type and use of the property and structures to be developed; the deed restrictions proposed, if any; a statement of mineral rights; the extent and character of the improvements to be made by the subdivider, the zone district classification(s) of the territory and compliance of the proposed subdivision thereto. If appropriate, a description of any unique hardship or difficulty limiting the physical development of the property under consideration and a description of any past history of the property under consideration which is pertinent thereto.
(2) Documentation. The necessary documentation in accordance with the requirements of this chapter. See §§ 154.029 et seq.
(3) Filing fee. A filing fee sufficient to cover the engineering inspection fees to be incurred by the village.
(B) Procedure.
(1) Distribute copies. The Zoning Administrator shall immediately distribute a copy to the Village Board's Water and Sewer Committee(s); a copy to the School Superintendent(s); a copy to the Soil and Water Conservation Service; a copy to the Village Engineer; a copy to the Mayor; two copies to the Plan Commission; and a copy to the Fire Chief.
(2) Time constraints. The Commission shall review the preliminary plat within 60 days from the date of application, or the filing by the subdivider of the last item of required supporting data, whichever date is later, unless the time is extended by written mutual consent, and shall determine whether the preliminary plat shall be approved as submitted; shall be approved subject to certain conditions or modifications; or shall be disapproved.
(3) Plan Commission review. The action of the Plan Commission shall be noted in writing and if such preliminary plat is disapproved or is conditionally approved, the Commission shall furnish written notice of the action to the applicant setting forth the reasons for disapproval or conditional approval and specifying with particularity the aspects in which the preliminary plat fails to conform to the village code, including the Comprehensive Plan.
(4) Village Board review. The Village Board shall accept or reject the preliminary plat within 30 days after its next regularly scheduled meeting following the action granting approval of the preliminary plat by the Commission, unless the time is extended by written mutual agreement of the Village Board and the applicant, or the preliminary plat will be deemed as approved. The Village Board shall indicate by letter whether the preliminary plat is approved or disapproved as submitted. If the preliminary plat is disapproved, the letter shall state the reasons for disapproval.
(5) Official approval. A certified copy of the letter of approval or disapproval by the Village Board shall be attached to the preliminary plat and shall be filed with the Village Clerk. One copy shall be filed with the Zoning Administrator, and one copy shall be returned to the subdivider. Approval of the preliminary plat shall not qualify the preliminary plat for recording with the County Recorder of Deeds.
(6) Rights and privileges of subdivider. Preliminary plat approval shall confer upon the subdivider the following rights and privileges:
(a) That the preliminary plat approval will remain in effect for a one-year period. The applicant may, during this period, submit all of or part or parts of the preliminary plat for final approval. In the event that the subdivision is being developed in stages, the applicant may, by written mutual agreement with the Plan Commission, have final approval of the last part of the plat delayed for a period not to exceed three years from the date of the preliminary plat approval. Any part of a subdivision which is being developed in stages shall contain a tract of land at least one block in length; and
(b) That the general terms and conditions under which the preliminary plat approval was granted will not be changed.
(1994 Code, § 34-2-4)