§ 42-7. Review and approval procedures.
(a)
Planning commission responsible for application and enforcement.
(1)
The planning commission is designated as the technical planning agency responsible for the application and enforcement of this chapter and for the approval or recommendation for the approval of plats and site plans in accordance with the provisions of this chapter. In its membership and actions, the planning commission shall be governed by the regulations of the village and other applicable laws. Action of the planning commission is subject to the approval of the city council as provided herein.
(2)
A designated member may select an alternate commission member, representing the same office and/or function, to serve in his absence.
(3)
The planning commission shall meet as required, but at least monthly, to review and take action on proposed subdivisions and site plans for properties located throughout the village. A quorum shall consist of a majority of the membership eligible to vote.
(b)
Planning commission responsible for coordinating review process. The planning commission shall be responsible for coordinating the review process for preliminary and final plats.
(1)
Application of regulations shall be submitted to the planning commission for determination as to the level of review required.
(2)
Exempt subdivision plats shall be stamped by the planning commission, noting their exemption, and certified so that they can be recorded by the county clerk.
(3)
Minor subdivisions shall be reviewed as appropriate and, after being found in compliance with applicable regulations, shall be stamped noting their approval and signed so that they can be recorded.
(4)
Major subdivisions shall fulfill the requirements of section 42-4. Plat/plan submission requirements shall be reviewed according to the preliminary and final plat review processes in subsection (c) of this section.
(c)
Preliminary plats. Preliminary plats and site plans subject to this chapter are as follows:
(1)
Complete sets of preliminary plat documents shall be submitted to the planning commission in the required number, along with a completed application for review, and payment of the prescribed preliminary review fee. The planning commission shall check the submittal for completeness and, if found to be in order, it shall be transmitted to appropriate public entities and utility agencies for review and comment. As applicable, notification of preliminary plat review shall be sent to various neighborhood and small area planning groups.
(2)
The planning commission shall review the preliminary plat. If corrections are required, the subdivider shall be given an opportunity to correct the plat before it is scheduled for the planning commission meeting. The subdivision documents, along with the review comments, shall then be considered by the planning commission at a scheduled public meeting at which a representative of the subdivider or any other interested person may be heard.
(3)
The planning commission shall recommend the plat for approval by the city council as is, recommend it subject to additional corrections, recommend disapproval, or defer action for additional information and/or corrections. When the planning commission has completed action on such plats, they shall transmit the subdivision documents, along with their recommendations, for action by the city council at a regular meeting.
(4)
Approved, corrected preliminary plats shall be stamped and signed denoting approval, after which the subdivider shall be given two years to complete construction of improvements and submit a final plat for approval. Portions of the approved preliminary plat not included within a final plat submitted for approval within two years shall be subject to re-review and re-approval according to then current standards.
(5)
Revisions, minor revisions to approved preliminary plats, which reflect the same basic street and lot configuration as used for the original approval, may be approved by the planning commission at a scheduled meeting. Significant changes to an approved preliminary plat, as determined by the planning commission, must be resubmitted for review and approval as if it is a new application.
(d)
Reservation of public facility sites and lands.
(1)
The review of preliminary plats may be delayed by no more than 45 calendar days if the proposed subdivision contains sites which appear in an adopted plan or policy documents as a future site for a public school or other public facility, recreation area, park, greenway or other open space. During preliminary plat review, the appropriate agency responsible for future site acquisition shall be given 45 calendar days from the date of the plat/plan submission to decide if it wishes to reserve the site.
(2)
If the site is not to be reserved, the subdivision shall be processed in the normal fashion. If the agency wishes to reserve the site and specifies such intent in writing to the planning commission, the subdivision shall not be approved without the reservation.
(3)
Public school authorities shall have 18 months from the date of preliminary plat approval to acquire the site by purchase, by receipt of dedication, or by initiating condemnation proceedings. If, at the end of the 18-month period, none of the above actions has occurred, the subdivider may consider the land free from reservation and apply for revised preliminary plat approval for its use.
(4)
Other public agencies shall have 120 calendar days from the date of preliminary plat approval to arrange for site acquisition for public facilities by option to purchase, by purchase, by receipt of dedication, or by initiating condemnation proceedings. If, at the end of the 120-day period, none of the above actions has occurred, the subdivider may consider the land free from reservation and apply for revised preliminary plat approval for private use of the property.
(e)
Site improvements. Upon preliminary plat (or site plan) approval, the subdivider may apply for permits to begin site work and the installation of improvements. All site work shall be performed in compliance with the requirements of this chapter and other applicable regulations of the city, county, and state.
(f)
Final plats.
(1)
When the installation of required site improvements is nearing completion, the subdivider may submit a final plat for review and approval.
(2)
Complete sets of final plat documents shall be submitted to the planning commission in the required number, along with a completed application for review, and payment of the prescribed final review fee. The person receiving the documents shall note the date of receipt. The planning commission shall check the submittal for completeness and, if found to be in order, it shall be transmitted to appropriate public and utility agencies for review and comment.
(3)
Review agencies will transmit review comments back to the planning commission. If required corrections are minor, the planning commission shall schedule the final plat for review at their next meeting. If required corrections are extensive, the subdivider shall be given an opportunity to correct the plat before it is scheduled for the planning commission.
(4)
The final plat documents, along with the review comments, will then be considered by the planning commission at a public meeting at which a representative of the subdivider or any other interested person may be heard. The planning commission shall then approve the plat as is, approve it subject to additional corrections, defer it for additional information and/or corrections, or disapprove it. The planning commission shall act on the plat within 30 days after the plat is filed. A plat is approved by the planning commission unless it is disapproved within that period.
(5)
After consideration by the planning commission, the final plat documents shall be promptly filed with the city council. The final plat documents, along with the review comments, will then be considered by the city council at a public meeting at which a representative of the subdivider or any other interested person may be heard. The city council shall then approve the plat as is, or disapprove it. The city council shall act on the plat within 30 days after the plat is either approved or disapproved by the planning commission, or within 30 days after the plat is considered approved by the inaction of the planning commission. A plat is approved by the city council unless it is disapproved within that period.
(6)
Approved, corrected final plats shall be stamped and signed denoting approval, after which the subdivider shall be given 90 calendar days to file and record the final plat with the county clerk before the approval becomes void.
(7)
Although final plats may be approved and building permits issued prior to the completion of all required site improvements, no certificates of occupancy or compliance shall be issued and no individual water or sewer services provided until all required improvements have been completed or until an acceptable performance guarantee has been filed.
(g)
Variances.
(1)
The city council may, by affirmative majority vote, vary or modify specific provisions of this chapter after making all of the following findings:
a.
Unusual conditions or circumstances peculiar to the site exist;
b.
Strict application of one or more chapter provisions would cause unnecessary hardship; and
c.
Granting a variance would not violate the intent and purpose of these regulations.
(2)
For purposes of financing or re-financing development, it is sometimes necessary to subdivide a previously approved development complex, including but not limited to a shopping center, an office or industrial park, or a housing complex, originally located on a single parcel into two or more lots. The planning commission may by affirmative majority vote, vary or modify the requirements of this chapter and the dimensional, parking, landscaping, and buffering provisions of the zoning chapter, chapter 50, to permit such subdivision to occur subject to making the following findings:
a.
A valid, approved site plan exists for the overall complex;
b.
The complex, in its entirety, satisfies all chapter requirements; and
c.
Each final plat created contains a note stating that the owner acknowledges that the individual parcel is a part of the named development complex and that deeds of easement, restrictive covenants, and/or other legal documents necessary for the perpetual functioning of the development complex will be executed and recorded with the final plat.
(h)
Appeals from city council. Appeals to decisions and actions of the city council in the interpretation or application of this chapter may be taken to a court of appropriate jurisdiction. Any petition for appeal to the court shall be filed within 30 calendar days of the date of the action appealed.
(Ord. No. 98-10, § 7, 6-9-1998)