The procedure for obtaining approval of a land subdivision by the Village Council shall be as follows:
A. A plan for land subdivision shall be submitted to the Plan Commission for either preliminary or final approval, in accordance with the rules and procedures of the Plan Commission, by the owner (or agent) filing with the Secretary of the Plan Commission (or the Secretary's designee) an application, together with the number of copies of the plan and other supporting material, required by such rules. An application for preliminary approval need not contain detailed specifications for proposed improvements.
B. The Plan Commission shall approve or disapprove the application within ninety (90) days of the date of application for the filing by the owner of the last item of required supporting material, whichever date is later, unless such time is extended by mutual consent of the owner and the Plan Commission. No application which involves a variation from the requirements of Section 16.12.010 or a determination under Section 16.12.010 (D)(3) with respect to a prior legal nonconformity or previously granted variation shall be approved unless written notice of the meeting of the Plan Commission at which such matter will be considered shall have been given to all persons to whom the latest general real estate tax bills were sent for all property situated within two hundred fifty (250) feet of the land proposed to be subdivided; the names and addresses of such persons shall be furnished to the Secretary on a list signed by the owner and the notice shall be sent by the Secretary by regular mail, postage prepaid, to each person whose name appears on such list, at the address shown on such list, not less than ten (10) days prior to the date of such meeting; provided, however, that the failure of any such person to receive such notice shall not invalidate, impair or otherwise affect any approval of the application subsequently given following such meeting. If any variation from the provisions of this title has been recommended by the Plan Commission, the Plan Commission shall attach to the application for final approval a statement specifying the reason for such variation.
C. If the application is disapproved by the Plan Commission, it shall furnish to the owner a statement setting forth the reason for disapproval and upon the request of the applicant, within thirty (30) days after receipt of such statement, the Village Council shall commence review and approve or disapprove such application. If such application is approved by the Plan Commission, the Village Council shall, with respect to an application for preliminary approval and within thirty (30) days after its next regular stated meeting following the action of the Plan Commission, accept or reject such application, or, with respect to an application for final approval, when the Village Council is satisfied that the applicant has supplied all drawings, maps and other documents required by this title, and if all such materials reasonably meet all of the requirements of this title, it shall grant final approval of the application within sixty (60) days from the date of filing of the last required supporting materials or within sixty (60) days from the date of Plan Commission approval of the application for final approval, whichever date is later. The owner and the Village Council may mutually agree to extend the sixty (60) day period. Acceptance by the Village Council of preliminary approval does not constitute approval pursuant to Section 16.04.030.
D. If an owner has previously filed an application for preliminary approval, an application for final approval shall be made not later than one year after preliminary approval has been accepted by the Village Council. Such application for final approval shall embody the details of the approved preliminary application and shall be submitted to the Plan Commission for detailed examination and proceedings in accordance with subsection C of this section. Pursuant to such examination of the Plan Commission may recommend to the applicant changes or amendments to the final plan. If the application for final approval is not presented within the one year period, acceptance of the preliminary plan shall lapse.
E. Upon final approval of an application by the Village Council the Village President shall sign the final plan, the Village Clerk shall attest to the final plan, and the final plan of land subdivision shall be deemed approved pursuant to Section 16.04.030 and may be recorded as provided by law.
F. The procedures of subsections A through D of this section shall not apply to a plat of subdivision that is subject to Sections 17.32.010(R), 17.36.010(M), 17.40.010(M), 17.44.010(M) or 17.48.010(J) of the Winnetka Zoning Ordinance, or to any plat of subdivision submitted in order to comply with Section 15.32.080(C) of the Winnetka Building Code, or to any voluntary consolidation of property in any single-family zoning district. The Community Development Supervisor shall review all such plats and recommend approval or denial to the Village Council, without referral to or recommendation by the Plan Commission. The recommendation shall be in writing and shall include any recommended conditions of approval or the Community Development Supervisor's reasons for recommending disapproval. Notwithstanding the foregoing, the provisions of this subsection F shall not apply if the proposed subdivision does not meet the minimum land subdivision standards of Section 16.12.010, or if the proposed subdivision will increase the intensity of use of the subject property or will require either the construction or alteration of any public improvement or the construction or alteration of any public or private street or means of access to the subject property.
(Ord. MC-188-97 § 1, 1997; prior code § 21.04)