[HISTORY: Adopted by the Board of Trustees of the Village of Fultonville 10-16-2018 by Res. No. 10-03-2018. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The division of any parcel of land into two or more lots, plots, sites or other division of land for the purpose, whether immediate or future, of transfer of ownership or building development. Such division shall include resubdivision of parcels of land for which an approved plat has already been filed in the office of the County Clerk and which is entirely or partially undeveloped.
Whenever any subdivision of land is proposed 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 any 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.
Application and fee. The property owner or his duly authorized representative shall submit an application for approval of a subdivision plat. The plat shall conform to the layout shown on the sketch plat plus any recommendations made by the Village Planning/Zoning Board. Any application for plat approval for a subdivision shall be accompanied by the applicable fee in accordance with the subdivision fee schedule established and annually reviewed by the Village Board upon recommendation of the Village Planning/Zoning Board. A copy of said fee schedule shall be available from the Village Clerk.
Number of copies. The application for approval of a minor subdivision plat, complete with six copies of the subdivision plat and all further required data, shall be filed with the Village Clerk at least 10 days prior to the regular meeting of the Village Planning/Zoning Board at which time it shall be introduced and considered officially received by the Village Planning/Zoning Board for purposes of these regulations.
Subdivider to attend Village Planning/Zoning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Village Planning/Zoning Board to discuss the subdivision plat.
Within 45 days of the receipt of the complete subdivision plat application by the Village Planning/Zoning Board, the Village Planning/Zoning Board shall hold a public hearing on such plat.
Notice of the public hearing shall be advertised at least once in a newspaper of general circulation in the Village at least five days before such hearing.
Within 45 days from the date of such public hearing, the Village Planning/Zoning Board shall act by resolution on the subdivision plat. The Village Planning/Zoning Board shall either approve, conditionally approve with or without modification or disapprove the plat. The Village Planning/Zoning Board shall specify, in writing, its reasons for any such disapproval. In the event that the hearing is not held or if the Village Planning/Zoning Board fails to disapprove the subdivision plat within the 45 days prescribed above, the plat shall be deemed approved. The time in which the Village Planning/Zoning Board must take action may only be extended by mutual consent of the owner and the Village Planning/Zoning Board.
Upon a resolution of approval, a reproducible Mylar or linen and three plain paper copies of the subdivision plat shall be provided by the applicant and properly signed by the Chairperson of the Village Planning/Zoning Board. The subdivision plat may then be filed by the applicant in the office of the Montgomery County Clerk. Any subdivision plat not so filed or recorded within 60 days of the date upon which such plat is approved or considered approved by reason of the failure of the Village Planning/Zoning Board to act shall become null and void. If conditional approval is granted, the Village Planning/Zoning Board shall empower the Chairman of the Village Planning/Zoning Board to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five days of the resolution granting conditional approval, the plat shall be so certified by the Clerk of the Village Planning/Zoning Board as conditionally approved, a copy filed in the Village Planning/Zoning Board office and a copy so certified mailed to the subdivider. The copy mailed to the subdivider shall include a statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Village Planning/Zoning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if, in its opinion, such extension is warranted, for a period not to exceed two additional periods of 90 days each.