[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.
A.
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.
B.
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.
C.
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.
D.
Approval procedure.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
