Whenever any subdivision of land is proposed
to be made and before any contract for the sale of or any offer to
sell any lots in such subdivision or any part thereof is made and
before any permit for the erection of a structure in such proposed
subdivision shall be granted, the subdivider or his duly authorized
agent shall apply, in writing, for approval of such proposed subdivision
in accordance with the following procedures.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Zoning Board of Appeals, at least 10 days prior to the regular meeting of the Board, two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 118-21, for the purpose of classification and preliminary discussion.
B.
Discussion of requirements and classification.
(1)
The subdivider, or his duly authorized representative,
shall attend the meeting of the Zoning Board of Appeals to discuss
the requirements of these regulations for street improvements, drainage,
sewerage, water supply, fire protection and similar aspects as well
as the availability of existing services and other pertinent information.
(2)
A determination is to be made at this time by the Zoning Board of Appeals as to whether the proposed subdivision is a minor or major subdivision, as defined in these regulations. The Board may require, however, when it deems it necessary for the protection of the public health, safety and welfare, that a minor subdivision comply with some or all of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in §§ 118-7 and 118-11. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 118-8, 118-9, 118-10 and 118-11.
C.
Study of sketch plan. The Zoning Board of Appeals
shall determine whether the sketch plan meets the purposes of these
regulations and shall, where it deems it necessary, make specific
recommendations, in writing, to be incorporated by the applicant in
the next submission to the Zoning Board of Appeals.
A.
Application and fee.
(1)
Within six months after classification of the sketch plan as a minor subdivision by the Zoning Board of Appeals, the subdivider shall submit an application for approval of a minor subdivision plat. The plat shall conform to the layout shown on the sketch plan, plus any recommendations made by the Zoning Board of Appeals. Said application shall also conform to the requirements listed in § 118-22A. Failure to comply with any of the above will require resubmission of the sketch plan to the Zoning Board of Appeals for reconsideration.
B.
Number of copies. Three copies of the minor subdivision
plat shall be presented to the Secretary of the Zoning Board of Appeals
at least 10 days prior to a scheduled monthly meeting of the Zoning
Board of Appeals.
C.
Subdivider to attend Zoning Board of Appeals meeting.
The subdivider, or his duly authorized representative, shall attend
the meeting of the Zoning Board of Appeals to discuss the minor subdivision
plat.
D.
When officially submitted. The time of submission
of the minor subdivision plat shall be considered to be the date of
the regular monthly meeting of the Zoning Board of Appeals, at least
10 days prior to which the complete application and exhibits for plat
approval shall have been filed with the Secretary of the Zoning Board
of Appeals.
E.
Public hearing. A public hearing shall be held by
the Zoning Board of Appeals within 30 days of the time of submission
of the minor subdivision plat for approval. Said hearing shall be
advertised in a newspaper of general circulation in the Village at
least five days before such hearing.
[Amended 3-2-1993 by L.L. No. 1-1993]
F.
Action on minor subdivision plat. The Zoning Board
of Appeals shall, within 30 days of the date of the public hearing,
approve, modify and approve or disapprove the minor subdivision plat.
[Amended 3-2-1993 by L.L. No. 1-1993]
A.
Application. Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision, in the form described in § 118-23 hereof. The preliminary plat shall comply with the requirements set forth in the provisions of § 118-23, except where a waiver may be specifically authorized by the Zoning Board of Appeals.
B.
Number of copies. Three copies of the preliminary
plat shall be presented to the Secretary of the Zoning Board of Appeals
at least 10 days prior to a regular monthly meeting of the Zoning
Board of Appeals.
C.
Subdivider to attend Zoning Board of Appeals meeting.
The subdivider, or his duly authorized representative, shall attend
the meeting of the Zoning Board of Appeals to discuss the preliminary
plat.
D.
Study of preliminary plat. The Zoning Board of Appeals shall study the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Master Plan, the Official Map and Chapter 135, Zoning.
E.
When officially submitted. The time of submission
of the preliminary plat shall be considered to be the date of the
regular monthly meeting of the Zoning Board of Appeals, at least 10
days prior to which the completed application and exhibits for conditional
approval of the preliminary plat shall have been filed with the Secretary
of the Zoning Board of Appeals.
F.
Conditional approval of the preliminary plat.
(1)
Within 60 days after the time of submission of a preliminary
plat, the Zoning Board of Appeals shall take action to conditionally
approve, with or without modifications, or disapprove such preliminary
plat, and the basis of any modification required or the basis for
disapproval shall be stated upon the records of the Zoning Board of
Appeals. Failure of the Zoning Board of Appeals to act within such
sixty-day period shall constitute a conditional approval of the preliminary
plat.
[Amended 3-2-1993 by L.L. No. 1-1993]
(2)
When granting conditional approval of a preliminary
plat, the Zoning Board of Appeals shall state the conditions of such
approval, if any, with respect to:
(a)
The specific changes which it will require in
the preliminary plat.
(b)
The character and extent of the required improvements
for which waivers may have been requested and which, in its opinion,
may be waived without jeopardy to the public health, safety, morals
and general welfare.
(c)
The amount of improvement or the amount of all
bonds therefor which it will require as prerequisite to the approval
of the subdivision plat.
(3)
The action of the Zoning Board of Appeals, plus any
conditions attached thereto, shall be noted on three copies of the
preliminary plat. One copy shall be returned to the subdivider, one
retained by the Zoning Board of Appeals and one forwarded to the Board
of Trustees. Conditional approval of a preliminary plat shall not
constitute approval of the subdivision plat, but rather it shall be
deemed an expression of approval of the design submitted on the preliminary
plat as a guide to the preparation of the plat which will be submitted
for approval of the Zoning Board of Appeals and for recording upon
fulfillment of the requirements of these regulations and the conditions
of the conditional approval, if any.
(4)
Prior to approval of the subdivision plat, the Zoning
Board of Appeals may require additional changes as a result of further
study of the subdivision in final form or as a result of new information
obtained at the public hearing.
A.
Application for approval and fee. The subdivider shall,
within six months after the conditional approval of the preliminary
plat, file with the Zoning Board of Appeals an application for approval
of the subdivision plat in final form, using the approved application
blank available from the Secretary of the Zoning Board of Appeals.
All applications for plat approval for major subdivisions shall be
accompanied by a fee in an amount set by resolution of the Board of
Trustees.[1] If the final plat is not submitted within six months after
the conditional approval of the preliminary plat, the Zoning Board
of Appeals may require resubmission of the preliminary and final plats.
[Amended 3-2-1993 by L.L. No. 1-1993]
[1]
Editor's Note: The current fee resolution
is on file in the Office of the Village Clerk.
B.
Number of copies. A subdivider intending to submit
a proposed subdivision plat for the approval of the Zoning Board of
Appeals shall provide the Secretary of the Board with a copy of the
application and three copies (one copy in ink on linen) of the plat,
the original and one true copy of all offers of cession, covenants
and agreements and two prints of all construction drawings at least
10 days in advance of the regular monthly Zoning Board of Appeals
meeting at which it is to be officially submitted.
C.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Zoning Board of Appeals, at least 10 days prior to which the complete application and exhibits for approval of the subdivision plat shall have been filed with the Secretary of the Zoning Board of Appeals. In addition, if the applicant elects to construct any or all required improvements, as specified in § 118-10A(1)(b), the Village Engineer shall file a certificate with the Board of Trustees stating that these improvements have been satisfactorily installed before the subdivision plat shall be officially accepted.
D.
Endorsement of state and county agencies. Water and
sewer facility proposals contained in the subdivision plat shall be
properly endorsed and approved by the Village Engineer and the State
Department of Health. Applications for approval of plans for sewer
or water facilities will be filed by the subdivider with all necessary
Village, county and state agencies. Endorsement and approval by the
State Department of Health shall be secured by the subdivider before
official submission of the subdivision plat.
E.
Public hearing. A public hearing shall be held by
the Zoning Board of Appeals within 30 days after the time of submission
of the subdivision plat for approval. This hearing shall be advertised
in a newspaper of general circulation in the Village, and notice shall
be posted at three prominent places in the Village at least five days
before such hearing.
[Amended 3-2-1993 by L.L. No. 1-1993]
F.
Action on proposed subdivision plat. The Zoning Board of Appeals shall, within 30 days of the date of the public hearing on the subdivision plat, approve, modify and approve or disapprove the subdivision plat. However, the subdivision plat shall not be signed by the authorized officers of the Zoning Board of Appeals for recording until the subdivider has complied with the provisions of § 118-10 of this chapter.
[Amended 3-2-1993 by L.L. No. 1-1993]
A.
Improvements and performance bond.
(1)
Before the Zoning Board of Appeals grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1)(a) or (b) below:
(a)
The subdivider shall either file with the Village
Clerk a certified check to cover the full cost of the required improvements
or a performance bond to cover the full cost of the required improvements.
Any such bond shall comply with the requirements of § 7-736
of the Village Law and shall be satisfactory to the Board of Trustees
and Village Attorney as to form, sufficiency, manner of execution
and surety. A period of one year, or such other period as the Zoning
Board of Appeals may determine appropriate, but not to exceed three
years shall be set forth in the bond, within which required improvements
must be completed.
[Amended 3-2-1993 by L.L. No. 1-1993]
(b)
The subdivider shall complete all required improvements
to the satisfaction of the Board of Trustees, which shall file with
the Zoning Board of Appeals a letter signifying the satisfactory completion
of all improvements required by the Board. For any required improvements
not so completed, the subdivider shall file with the Village Clerk
a bond or certified check covering the costs of such improvements
and the cost of satisfactorily installing any improvement not approved
by the Board of Trustees. Any such bond shall be satisfactory to the
Board of Trustees as to form, sufficiency, manner of execution and
surety.
(2)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Board of Trustees and a map satisfactory to the Zoning Board of Appeals has been submitted, indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(1)(b), then said map shall be submitted prior to endorsement of the plat by the appropriate Zoning Board of Appeals officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1)(a), such bond shall not be released until such map is submitted.
B.
Modification of design of improvements. If, at any
time before or during the construction of the required improvements,
it is demonstrated to the satisfaction of the Board of Trustees that
unforeseen conditions make it necessary or preferable to modify the
location or design of such required improvements, the Board of Trustees
may authorize modifications, provided that these modifications are
within the spirit and intent of the Zoning Board of Appeals's approval
and do not extend to a waiver or substantial alteration of the function
of any improvements required by the Board. The Board of Trustees shall
issue any authorization under this section in writing and shall transmit
a copy of such authorization to the Zoning Board of Appeals at its
next regular meeting.
C.
Inspection of improvements. At least five days prior
to commencing construction of required improvements, the subdivider
shall notify the Board of Trustees, in writing, of the time when he
proposes to commence construction of such improvements so that the
Board of Trustees may arrange for inspections to be made to assure
that all Village specifications and requirements shall be met during
the construction of required improvements and to assure the satisfactory
completion of improvements and utilities required by the Zoning Board
of Appeals.
D.
Proper installation of improvements. If the Village
Engineer finds, upon inspection of the improvements performed before
the expiration date of the performance bond, that any of the required
improvements have not been constructed in accordance with plans and
specifications filed by the subdivider, he shall so report to the
Board of Trustees, Building Inspector and Zoning Board of Appeals.
The Board of Trustees then shall notify the subdivider and, if necessary,
the bonding company and take all necessary steps to preserve the Village's
rights under the bond. No plat shall be approved by the Zoning Board
of Appeals as long as the subdivider is in default on a previously
approved plat.
A.
Final approval and filing. Upon completion of the requirements in § 118-7 or §§ 118-9 and 118-10 above and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Zoning Board of Appeals (Chairman or Acting Chairman) and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 90 days of the date upon which such plat is approved or considered approved by reason of the failure of the Zoning Board of Appeals to act shall become null and void, unless the particular circumstances of said applicant warrant the Zoning Board of Appeals to grant an extension, which shall not exceed two additional periods of 90 days.
B.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any subdivision plat after
approval has been given by the Zoning Board of Appeals and endorsed,
in writing, on the plat unless said plat is first resubmitted to the
Zoning Board of Appeals and such Board approves any modifications.
In the event that any such subdivision plat is recorded without complying
with this requirement, the same shall be considered null and void,
and the Board shall institute proceedings to have the plat stricken
from the records of the County Clerk.
A.
Public acceptance of streets. The approval by the
Zoning Board of Appeals of a subdivision plat shall not be deemed
to constitute or be evidence of any acceptance by the Village of any
street, easement or other open space shown on such subdivision plat.
B.
Ownership and maintenance of recreation areas. When
a park, playground or other recreation area shall have been shown
on a plat, the approval of said plat shall not constitute an acceptance
by the Village of such area. The Zoning Board of Appeals shall require
the plat to be endorsed with appropriate notes to this effect. The
Zoning Board of Appeals may also require the filing of a written agreement
between the applicant and the Board of Trustees covering future deed
and title, dedication and provision for the cost of grading, development,
equipment and maintenance of any such recreation area.
