(a) Commission action.
(1) The Plan Commission shall, within 40 days of the date the preliminary plat was filed with the Village Administrator, Clerk, or highest elected official, as appropriate, approve, approve conditionally, or reject such plat and shall state, in writing, any conditions of approval or reasons for rejection, unless the time is extended by agreement with the subdivider. Failure of the Plan Commission to act within 40 days or extension thereof shall constitute an approval of the preliminary plat, unless other authorized agencies object to the plat. The Village Administrator, Clerk, or highest elected official, as appropriate, shall communicate to the subdivider the action of the Plan Commission. If the preliminary plat is approved, the Village Administrator, Clerk, or highest elected official, as appropriate, shall endorse it for the Plan Commission.
(2) Upon approval of the preliminary plat, the Village Administrator, Clerk, or highest elected official, as appropriate, shall refer copies of the preliminary plat as approved to the Village Administrator, Clerk, or highest elected official, as appropriate. An abstract of title or registered property report may be referred to the Village Attorney for his or her examination and report.
(b) Effect of preliminary plat approval. Approval or conditional approval of a preliminary plat shall entitle the final plat to approval, provided the final plat conforms substantially to the preliminary plat, including any conditions of that approval, conforms to applicable local plans and ordinances, and is submitted within six months of the last required approval of the preliminary plat. If the preliminary plat is approved, the final plat must be approved by the Village Board within six months or the preliminary plat approval is void. Previous preliminary plat approvals shall not constitute grounds for approval upon resubmission.
(c) Preliminary plat amendment. Should the subdivider desire to amend the preliminary plat as approved, he or she may resubmit the amended plat which shall follow the same procedure outlined herein, unless the amendment is, in the opinion of the Plan Commission, of such scope as to constitute a new plat, in which such case it shall be refiled.
(Prior Code, § 14-1-32)