A. Action By Subdivider: The subdivider shall cause to be prepared a preliminary plan, which plan shall include all of the property owned or controlled by the applicant, which properties are adjacent to or considered to be contiguous to the proposed subdivision, together with improvement plans and all other supplementary material as specified in section 10-3-3 of this chapter, which shall be submitted to the director of community development with written application for tentative approval of preliminary plan. The preliminary plan and all accompanying documentation and the required filing fee shall be filed with the director of community development. The number of copies shall be determined by the director of community development at the time of submission. The date of application acceptance is not determined until the subdivider has filed the last item of required supporting data as detailed in section 10-3-3 of this chapter. The village reserves the right not to accept any supporting data that is not in conformance with the requirements of this title. All information required for preliminary plan approval shall be submitted to the director of community development at least twenty (20) working days prior to the date of the planning and zoning board meeting. The village staff will then determine if all required information has been submitted and, if so, begin staff review and publish the public notice for planning and zoning board's meeting, date, time and place, where the subdivider will be afforded an opportunity to be heard in public. If variances from this title are requested, a variance application and review form should be submitted along with the preliminary plan information.
B. Action By Planning And Zoning Board: The planning and zoning board shall receive the required written evaluation from the village staff, the affected public bodies, and any other village officers.
The planning and zoning board shall review the preliminary plan submitted for compliance with this title and other applicable ordinances, rules, regulations, codes or other appropriate standards adopted by the village, and the planning and zoning board shall, within ninety (90) days from the date of acceptance of the application for preliminary plan, generate one of the following actions:
1. Advise Applicant: If the planning and zoning board finds that changes, additions or corrections are required on the preliminary plan, the planning and zoning board shall advise the applicant in writing. The applicant may then resubmit his preliminary plan changes following subsection A of this section with no additional filing fee.
2. Make Recommendations: The planning and zoning board shall recommend approval or disapproval of the proposed preliminary plan with suggested modifications (if necessary) and not in all respects where the plan fails to conform with village ordinances. These written recommendations, including staff comments, will be forwarded to the village board of trustees.
3. Minor Changes: If minor changes are recommended by the planning and zoning board and the applicant agrees to those changes, they can be noted in writing on the plan. The planning and zoning board can recommend approval of the preliminary plan contingent upon the changes being made. The applicant shall then make the required changes on the plan and resubmit it to the director of community development for review and sign off.
4. Extension Of Time: The applicant and the planning and zoning board may mutually agree to extend the ninety (90) day period.
C. Action By Village Board: The recommendations from the planning and zoning board will be forwarded to the village board by the village manager. The village board shall approve or reject said plan within sixty (60) days after its next regular board meeting following the action of the planning and zoning board. However, the village board may approve or reject, or modify the recommendation of the planning and zoning board by a majority vote of those holding office. If the village board denies approval of the preliminary plan, the applicant may withdraw the application, make modifications and submit a new application pursuant to requirements of this section. (Ord. 2010-27, 12-2-2010; amd. Ord. 2015-9, 5-7-2015)
1. Qualifications Of Approval: The following qualifications shall govern approval of the preliminary plan: (Ord. 2010-27, 12-2-2010)
a. Approval of the preliminary plan by the village planning and zoning board and the village board of trustees is tentative only, involving merely the general acceptability of the layout as submitted. (Ord. 2010-27, 12-2-2010; amd. Ord. 2015-9, 5-7-2015)
b. The village board of trustees may require such changes or revisions as are deemed necessary in the interest of the needs of the community.
c. Approval of the preliminary plan shall be effective for a maximum period of one year unless upon application of the subdivider, the village manager may grant an extension not to exceed one year from the effective date. The village board, at its discretion, may grant additional extensions. If the subdivider does not make an application and submit the final plat and plans and specifications to the director of community development within the one year period or within any extension granted, the preliminary plan approval becomes null and void. (Ord. 2010-27, 12-2-2010)