(A)
Prior to any application for approval of a preliminary plat of subdivision
or of a plat of vacation, the applicant may, but shall not be required
to, request a preapplication review with the Village Director of Community
Development, for the purpose of reviewing the proposed plat, the procedures
for subdivision or vacation approval, and any issues that may relate
to such plat, including its conformity with the requirements of law,
and the form, scope, and content of the mailed and posted notices
to be undertaken in connection with the preliminary, final, or vacation
plat review for the property, as well as the certifications relating
to such notices.
(B)
All preapplication review requests shall be on forms provided by
the Village, and shall be accompanied by such information and materials
as the Village Director of Community Development determines is necessary
to conduct the preapplication review.
(C)
The Village Director of Community Development shall conduct the preapplication
review with the applicant not later than 30 days after receiving the
completed form and the requested information and materials.
If the proposed subdivision is a minor subdivision, the proposed subdivision shall be reviewed solely in accordance with and pursuant to the final plat review process set forth in Section 16-4-5 of this Code. The application for review of a minor subdivision shall be filed in accordance with the final plat application set forth in Section 16-3-3 of this Code. No development agreement shall be required for a minor subdivision.
If the proposed subdivision is a major subdivision, the applicant may request that the Plan Commission review the proposed subdivision solely in accordance with and pursuant to the final plat review process set forth in Section 16-4-5 of this Code. No such request shall be granted unless: (a) the applicant files a final plat application in accordance with Section 16-3-3 of this Code; and (b) the Plan Commission determines, in its sole and absolute discretion, that the proposed subdivision can be effectively and fully considered without separate preliminary and final review. If approval is granted by the Plan Commission, the proposed subdivision shall be reviewed by the Plan Commission solely in accordance with and pursuant to the final plat review process set forth in Section 16-4-5 of this Code. If the Plan Commission denies the request, the plat shall be reviewed in accordance with and pursuant to the preliminary plat review process set forth in Section 16-4-4 of this Code.
(A)
Filing; deadline; general review.
(1)
An application for approval of a preliminary plat of subdivision shall be filed with the Village Director of Community Development, in full compliance with Section 16-3-1 of this Code and in proper form, at least 30 days before the meeting of the Plan Commission at which it is to be considered.
(2)
The Village Director of Community Development shall review the application for approval of a preliminary plat for general completeness; for compliance with requirements of law, including, without limitation, the application requirements established in Article 3 of this Chapter 16, and for technical accuracy. Within 15 days after the date of filing of the application, the Director shall notify the applicant either that the application has been accepted for processing, or that the application may not be processed because of deficiencies or inaccuracies in it. Every deficient or inaccurate application shall be returned to the applicant. If the Director determines that the application for approval of preliminary plat should be accepted for processing, then the Director shall refer the application to all appropriate staff members and committees for review.
(B)
Scheduling and notice of public meeting.
(1)
After receipt of all required information, payment of all required fees, and satisfactory general review pursuant to Section 16-4-4(A) of this Code, the Village Director of Community Development shall notify the applicant of the date that the application will be conditionally scheduled for review at a public meeting of the Plan Commission. Such date shall be determined in light of the Plan Commission's pending docket and the notification deadlines as set forth in this Section 16-4-4(B).
(2)
Upon the conditional scheduling of a public meeting to review
an application for preliminary plat approval.
(a)
The Village shall give notice in writing to the property owners of all properties located within 250 feet, including streets, of the subject property to which the proposed plat applies; provided, however, that whenever an application pertains to a site of two acres or more, and the Village Director of Community Development determines that because of size, location, existing or likely traffic pattern, nature of use, or for any other appropriate reason or combination of reasons, a larger notice area should be required in order to better inform those beyond the regular notice area who might be particularly impacted, then the Director may require that notices be given to the owners of lots lying within a specified radius beyond 250 feet but not exceeding 500 feet (including streets) from the site which is the subject of the application. All notices required by this Section 16-4-4(B)(2)(a) shall be sent via United States mail not more than 30 nor less than 15 days before the scheduled public meeting date of the Plan Commission, and shall identify the location of the subject property to which the plat applies, and the date, time, and location of the meeting at which the plat will be reviewed by the Plan Commission. The applicant shall reimburse the Village for all costs associated with the issuance of notices pursuant to this Section 16-4-4(B)(2)(a), including staff costs, in accordance with Section 16-3-1(A)(2) of this Code.
(b)
The applicant shall post a sign, supplied by the Village Director
of Community Development, on the property, not less than 15 days before
the scheduled public meeting date of the Plan Commission, indicating
that an application for a subdivision has been filed with the Village.
The sign supplied by the Director shall be available only upon payment
by the applicant of a deposit in the amount set forth in the Annual
Fee Resolution.[1] The sign shall not be removed from the property until
after the conclusion of the scheduled public meeting of the Plan Commission.
The deposit shall be returned to the applicant only upon return of
the sign without damage.
(C)
Determination of completeness of application. Provided that the Village Director of Community Development makes a general determination of completeness pursuant to Section 16-4-4(A)(2) of this Code, and provided the notices are timely given in accordance with Section 16-4-4(B) of this Code, then the applicant shall deliver to the Director a completed certificate of notice no later than the date of the scheduled public meeting (and, if delivered sooner, shall be deemed delivered on the date of the scheduled public meeting). The delivery of such completed certificate of notice shall be the final element of the application for preliminary plat approval and shall represent the completion of the applicant's application for purposes of any statutory periods for undertaking and completing the Village's review of an application for preliminary plat approval; provided, however, that any material change to such application after the commencement of the public hearing shall be deemed the filing of a new item in support of the application and shall restart any such statutory review period.
(D)
Action by Plan Commission. The Plan Commission shall conduct a public meeting to review the preliminary plat in accordance with the notices mailed and posted/published pursuant to Section 16-4-4(B) of this Code. Within 90 days after the completion of the applicant's application for preliminary plat approval, the Plan Commission shall recommend whether the preliminary plat should be approved, approved with modifications or conditions, or disapproved, and shall transmit such recommendation in writing to the Board of Trustees. The Plan Commission may recommend approval of a plat subject to certain conditions or modifications as are deemed necessary in the interests and needs of the community. The failure of the Plan Commission to act within the time period specified in this Section 16-4-4(D), or such further time to which the applicant may agree, shall be deemed to be a recommendation of the Plan Commission to approve the preliminary plat.
(E)
Action by Board of Trustees. The Board of Trustees, within 60 days after its next regularly scheduled meeting following the transmission of a recommendation by the Plan Commission on an application for preliminary plat approval, shall disapprove the preliminary plat or shall approve it by ordinance or resolution duly adopted. Any approval of a preliminary plat may be subject to certain conditions or modifications as are deemed necessary in the interests and needs of the community. The failure of the Board of Trustees to act within the time period specified in this Section 16-4-4(E), or such further time to which the applicant may agree, shall be deemed to be a decision of the Board of Trustees disapproving the preliminary plat.
(F)
Effect of approval. The approval of a preliminary plat by the Board of Trustees is strictly tentative in nature, involving merely the general acceptability of the layout as submitted. Approval of the preliminary plat shall be deemed solely as permission for the applicant to prepare a final plat of subdivision, including detailed plans and specifications for the subdivision and public improvements in accordance with the preliminary plat and within the requirements of this Chapter 16. Approval of a preliminary plat shall not entitle the applicant to any other approval or to the issuance of any permit until after all of the standards and procedures for such other approval or issuance of a permit have been satisfied.
(G)
Limitation on preliminary plat approval. Every approval by the Board
of Trustees of a preliminary plat of subdivision shall be effective
for a maximum period of 12 months after the date of approval unless,
pursuant to a written application therefor filed by the applicant
before the expiration of the preliminary plat approval, the Board
of Trustees grants an extension of that twelve-month period. If, within
the twelve-month period, no extension of time has been granted by
the Board of Trustees and no application for approval of a final plat
of subdivision has been filed with the Village Director of Community
Development, then the applicant must resubmit an application for approval
of a preliminary plat for full review of the Plan Commission and Board
of Trustees.
(H)
Statement of disapproval. If the Plan Commission or Board of Trustees shall disapprove a preliminary plat pursuant to this Section 16-4-4, then the Plan Commission or Board of Trustees (as the case may be) shall deliver to the applicant a statement of such disapproval. Such statement shall set forth with particularity the grounds for disapproving the application for preliminary plat. Such statement shall be furnished to the applicant within the time period for Plan Commission or Board of Trustees action as set forth in Sections 16-4-4(D) and 16-4-4(E) of this Code.
(A)
Filing; deadline; general review.
(1)
An application for approval of a final plat of subdivision shall be filed with the Village Director of Community Development, in full compliance with Section 16-3-3 of this Code, at least 30 days before the meeting of the Plan Commission at which it is to be considered.
(2)
The Village Director of Community Development shall review the final plat for general completeness, for compliance with requirements of law, including, without limitation, the application requirements established in this Chapter 16, for compliance with the approved preliminary plat, any modifications and conditions imposed on the preliminary plat, and for technical accuracy. Within 15 days after the date of filing of the application, the Director shall notify the applicant either that the application has been accepted for processing or that the application may not be processed because of deficiencies or inaccuracies in it. Every deficient or inaccurate application shall be returned to the applicant. If the Director determines that the application should be accepted for processing, then the Director shall refer the application to all appropriate staff members and committees for review.
(B)
Scheduling of public meeting. After receipt of all required information, payment of all required fees, and satisfactory general review pursuant to Section 16-4-5(A) of this Code, the Village Director of Community Development shall notify the applicant of the date that the application will be conditionally scheduled for review at a public meeting of the Plan Commission. Such date shall be determined in light of the Plan Commission's pending docket and the notification deadlines as set forth in this Section 16-4-5.
(C)
Notice of public meeting.
(1)
When required. Notice of a public meeting of the Plan Commission to review an application for final plat approval shall be required only for those applications for which final review only is required in accordance with Section 16-4-2 of this Code or for which combined preliminary and final review has been allowed or approved pursuant to Section 16-4-3 of this Code. No public notice shall be required for those applications for which notice was provided during preliminary plat review in accordance with and pursuant to Section 16-4-4(B) of this Code.
(2)
Notice requirements. When notice of a public meeting of the Plan Commission to review an application for final plat approval is required, the applicant shall, upon the conditional scheduling of a public meeting of the Plan Commission, comply with all notice requirements set forth in Section 16-4-4(B)(2) of this Code.
(D)
Determination of completeness of application. Provided that the Village Director of Community Development makes a general determination of completeness pursuant to Section 16-4-5(A)(2) of this Code, and provided the notices are timely given in accordance with Section 16-4-5(C) of this Code, then the applicant shall deliver a completed certificate of notice to the Director not later than the date of the scheduled public meeting (and, if delivered sooner, shall be deemed delivered on the date of the scheduled public meeting). The delivery of such completed certificate of notice shall be the final element of the application for final plat approval and shall represent the completion of the applicant's application for purposes of any statutory periods for undertaking and completing the Village's review of an application for final plat approval; provided, however, that any material change to such application after the commencement of the public hearing shall be deemed the filing of a new item in support of the application and shall restart any such statutory review period.
(E)
Action by Plan Commission. Within 15 days after the commencement of the public meeting to review the application for final plat approval (or such longer period to which the applicant may agree), the Plan Commission shall recommend whether the final plat should be approved, approved with modifications or conditions, or disapproved; and shall transmit such recommendation to the Board of Trustees. The Plan Commission may recommend approval of a final plat subject to certain conditions or modifications as are deemed necessary in the interests and needs of the community. The failure of the Plan Commission to act within the time period specified in this Section 16-4-5(E), or such further time to which the applicant may agree, shall be deemed to be a recommendation of the Plan Commission to approve the final plat.
(F)
Action by Board of Trustees. The Board of Trustees, within 45 days after receipt of the report of the Plan Commission, shall disapprove the final plat or shall approve it by ordinance or resolution duly adopted. Any approval of a final plat may be subject to certain conditions or modifications as are deemed necessary in the interests and needs of the community. If the Board of Trustees disapproves the final plat, then the Village Director of Community Development shall notify the applicant in writing of the reasons stated for such disapproval. The failure of the Board of Trustees to act within the time period specified in this Section 16-4-5(F), or such further time to which the applicant may agree, shall be deemed to be a decision of the Board of Trustees disapproving the final plat. Approval of a final plat shall not entitle the applicant to any other approval or issuance of any permit until after all of the standards and procedures for such other approval or issuance of a permit have been satisfied, and such approval shall be subject in any event to the requirements of Section 16-4-5(G) of this Code.
(G)
Final engineering plans. Except as specifically provided otherwise by the Board of Trustees, no final plat of subdivision shall be approved by the Board of Trustees until after all required final engineering plans for the subdivision have been approved in accordance with the provisions of this Chapter 16.
After approval of a final plat of subdivision by the Board of Trustees, in accordance with the provisions of this Chapter 16, the applicant shall file with the Village Director of Community Development two original reproducible versions of the approved plat bearing all appropriate signatures and in proper form for recording by the Director with the Cook County Recorder of Deeds. The applicant shall pay, at the time of filing of the reproducible version of the plat: (a) all costs and fees associated with the recording of the plat; and (b) any performance security required for the subdivision pursuant to Article 6 of this Chapter 16. After receipt of such payment, the Director shall cause such plat to be recorded. The recorded plat shall remain permanently on file with the Village.
