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.
(2) 
All applications for plat approval for minor subdivisions shall be accompanied by a fee in an amount set by resolution of the Board of Trustees.[1]
[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. 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.