Whenever any subdivision of land is proposed to be made, and
before any contract for the sale of, or any offer to sell 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 a sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board at least 10 days prior to the regular monthly meeting of the Board two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article V, § 66A-21, for the purpose of classification and preliminary discussion.
B.
Discussion of requirements and classification. The subdivider, or his duly authorized representative, shall attend the meeting of the Board 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. A determination is to be made at this time by the Planning Board 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 procedures outlined in Article III, § 66A-5, of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 66A-6, 66A-7 and 66A-8.
C.
Study of sketch plan. The Planning Board shall determine whether
the sketch plan meets the purpose of these regulations and shall,
where it deems necessary, make specific recommendations in writing
to be incorporated by the applicant in the next submission to the
Planning Board.
A.
Application. Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, 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 Planning Board. Said application shall also conform to the requirements listed in Article V, § 66A-22A. Failure to comply with any of the above will require a resubmission of the sketch plan to the Planning Board for consideration.
B.
Number of copies. Three copies of the minor subdivision plat shall
be presented to the Secretary of the Planning Board at least 10 days
prior to a scheduled monthly meeting of the Planning Commission.
C.
Subdivider to attend Planning Board meeting. The subdivider, or his
duly authorized representative, shall attend the meeting of the Planning
Board 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 Planning Board, at least 10 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by Article V, § 66A-22, of these regulations, has been filed with the Secretary of the Planning Board.
E.
Public hearing. A public hearing shall be held by the Planning Commission
within 30 days from 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.
F.
Action on minor subdivision plat. The Planning Board shall, within
45 days from the date of the public hearing, approve, modify and approve,
or disapprove the minor subdivision plat.
B.
Number of copies. Three copies of the preliminary plat shall be presented
to the Secretary of the Planning Board at least 10 days prior to a
regular monthly meeting of the Planning Board.
C.
Subdivider to attend Planning Board meeting. The subdivider, or his
duly authorized representative, shall attend the meeting of the Planning
Board to discuss the preliminary plat.
D.
Study of the preliminary plat. The Planning Board 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 Zoning Regulations.
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 Planning Board, at least 10 days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by all data required by Article V, § 66A-23, of these regulations, has been filed with the Secretary of the Planning Board.
F.
Conditional approval of the preliminary plat.
(1)
Within 45 days after the time of submission of a preliminary plat,
the Planning Board 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 Planning Board. Failure of
the Planning Board to act within such 45 days shall constitute a conditional
approval of the preliminary plat.
(2)
When granting conditional approval to a preliminary plat, the Planning
Board shall state the conditions of such approval, if any, with respect
to the specific changes which it will require in the preliminary plat;
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;
and the amount of improvement or the amount of all bonds, therefor,
which it will require as prerequisite to the approval of the subdivision
plat. The action of the Planning Board, plus any conditions attached
thereto, shall be noted on the three copies of the preliminary plat.
One copy shall be returned to the subdivider, one retained by the
Planning Board and one forwarded to the Village Board. 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 by the
Planning Board and for recording upon fulfillment of the requirements
of these regulations and the conditions of the conditional approval,
if any. Prior to approval of the subdivision plat, the Planning Board
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. The subdivider shall, within six months
of the conditional approval of the preliminary plat, file with the
Planning Board an application for approval of the subdivision plat
in final form, using the approved application blank available from
the Secretary of the Planning Board. If the final plat is not submitted
within six months after the conditional approval of the preliminary
plat, the Planning Board may require resubmission of the preliminary
and final plats.
B.
Number of copies. A subdivider intending to submit a proposed subdivision
plat for the approval of the Planning Board shall provide the Secretary
of the Board with a copy of the application and three prints of the
plat, the original and one true copy of all offers of cession, covenants
and agreements and three prints of all construction drawings at least
10 days in advance of the regular monthly Planning Board 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 Planning Board, at least 10 days prior to the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article V, § 66A-24, of these regulations, has been filed with the Secretary of the Planning Board.
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 water and sewer 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 after conditional approval
of the subdivision plat by the Planning Board.
E.
Public hearing. A public hearing shall be held by the Planning Board
within 45 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 at least five days before such hearing.
F.
Action on proposed subdivision plat. The Planning Board shall, within 45 days from 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 Planning Board for recording until the subdivider has complied with the provisions of § 66A-8 of this Article.
A.
Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:
(1)
In an amount set by the Planning Board, the subdivider shall either
file with the Village Clerk a certified check to cover the full costs
of the required improvements, or the subdivider shall file with the
Village Clerk a performance bond to cover the full cost of the required
improvements. Any such bond shall comply with the requirements of
Section 179-o of the Village Law and shall be satisfactory to the
Village Board, Village Engineer and Village Attorney as to form, sufficiency,
manner of execution and surety. A period of one year [or such other
period as the Planning Board may determine appropriate, not to exceed
three years] shall be set forth in the bond within which required
improvements must be completed.
(2)
The subdivider shall complete all required improvements to the satisfaction
of the Village Engineer, who shall file with the Planning Board 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 Village Engineer. Any
such bond shall be satisfactory to the Village Board, Village Engineer
and Village Attorney as to form, sufficiency, manner of execution
and surety.
(3)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Village Engineer and a map satisfactory to the Planning Board has been submitted indicating the locations of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2), then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1), such bond shall not be released until such a 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 Village Engineer that unforeseen conditions
make it necessary or preferable to modify the location or design of
such required improvements, the Village Engineer may, upon approval
by a previously delegated member of the Planning Board, authorize
modifications, provided that these modifications are within the spirit
and intent of the Planning Board's approval and do not extend
to a waiver or substantial alteration of the function of any improvements
required by the Board. The Village Engineer shall issue any authorization
under this section in writing and shall transmit a copy of such authorization
to the Planning Board at their next regular meeting.
C.
Inspection of improvements. At least five days prior to commencing
construction of required improvements, the subdivider shall notify
the Village Board, in writing, of the time when he proposes to commence
construction of such improvements so that the Village Board 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 by the Planning Board.
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 Village Board,
Building Inspector and Planning Board. The Village Board shall then
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 Planning Board as long as the
subdivider is in default on a previously approved plat.
A.
Final approval and filing. Upon completion of the requirements of §§ 66A-7 and 66A-8 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 Planning Board (Chairman or Acting Chairman) and may be filed by the applicant in the office of the County Clerk. The applicant shall submit one original linen or tracing cloth copy and as many other copies as needed for filing with the county and state. 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 Planning Board to act shall become null and void, unless the particular circumstances of said applicant warrant the Planning Board 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 Planning Board and endorsed in writing on the
plat, unless said plat is first resubmitted to the Planning Board
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 Planning Board
of a subdivision plat shall not be deemed to constitute or be evidenced
of any acceptance by the village of any street easement or other open
space shown on said subdivision plat.
B.
Ownership and maintenance of recreation areas. When a park, playground
or other area shall have been shown in a plat, the approval of said
plat shall not constitute an acceptance by the village of such area.
The Planning Commission shall require the plat to be endorsed with
appropriate notes to this effect. The Planning Board may also require
the filing of a written agreement between the applicant and the Village
Board covering future deed and title, dedication and provisions for
the cost of grading, development, equipment and maintenance of any
such recreation area.
