ARTICLE II, Procedure

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ARTICLE II, Procedure

§ 205-4. Application required.

Whenever any subdivision of land as hereinbefore defined is proposed to be made, the subdividing owner thereof or his agent shall apply, in writing, to the Board for approval of such subdivision. There shall first be filed with the Board a preliminary plan or layout of the entire property for conditional approval and subsequent thereto a final plat, as hereinafter specified.

§ 205-5. Preapplication procedure.

Prior to the filing of an application for conditional approval of a preliminary layout, the subdivider, his agent or engineer may appear and submit general site information and data regarding existing conditions, a location map and a sketch plan with a request for informal consideration by the Board and an expression of its views. No formal application is thereby required. The purpose of such appearance and submission of information and data is primarily to afford the subdivider an opportunity to consult informally and at an early stage with the Board with the view toward conserving the time and expense of the subdivider and creating mutual opportunities of the parties for the achievement of a desirable subdivision in the public interest.

§ 205-6. Preliminary layout conditional approval.

A) On reaching conclusions regarding the general program and objective following the preapplication appearances, if any, the subdivider shall cause to be submitted, together with the following supplementary or supporting material:

1. Topographic data on the tract and existing drainage ways.

2. Tract boundary lines, tract area and street layout.

3. The name and right-of-way width of each street or other right-of-way.

4. The location of utilities on and adjacent to the tract.

5. The location, dimensions and purpose of any easements.

6. A number to identify each lot and a letter to identify each block.

7. The purpose for which sites, other than residential lots, are dedicated or reserved.

8. The minimum setback line on all lots and other sites.

9. The names of owners of record of adjoining unplatted land.

10. Site data, including the number of residential lots, typical lot size, linear feet of streets, acres in parks, etc.

11. The title, scale, North arrow and date.

12. The name and address of the record owner/subdivider and the designer of the preliminary layout.

B) Four (4) copies of the preliminary layout and supplementary material so required shall be submitted to the Board with written application for conditional approval not less than seven (7) days prior to a regularly scheduled meeting.

C) The Board shall, within forty (40) days after filing of the application, conditionally approve or disapprove the preliminary layout and other material as submitted or modified, and the Board shall notify the subdivider, in writing, of its action. If conditionally approved, the Board shall state the conditions of such approval or, if disapproved, shall notify the subdivider of the reasons thereof.

§ 205-7. Final plat approval.

A) The final plat shall conform substantially to the preliminary plan as conditionally approved. If desired by the subdivider, the final plat may constitute only that portion of the approved preliminary plan which he proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations.

B) Application for approval of the final plat and other material required for approval shall be submitted to the Board by filing the plat and such other material with the Secretary of the Board at least ten (10) days prior to the regular monthly meeting, at which time it is to be considered.

C) Four (4) copies of the final plat and other material required for approval shall be submitted to the Board within six (6) months after conditional approval of the preliminary layout; otherwise, such conditional approval shall become null and void unless an extension of time is applied for and granted by the Board.

D) The Board shall, within forty-five (45) days from and after the time of the public hearing for the approval, modification and approval or disapproval of the final plat, approve or disapprove the final plat as submitted or modified, and the Board shall notify the subdivider, in writing, of its action. Approval, however, shall not be deemed final until the subdivider has complied with § 205-27C with respect to certifications that required improvements have been completed or bond satisfactory to the Board has been posted in lieu thereof in accordance with the provisions of § 7-728 of the Village Law and shall have filed the final plat with the County Clerk within ninety (90) days after approval; otherwise, such approval shall expire as provided and shall become null and void unless an extension of time is applied for and granted by the Board pursuant to law.

E) The subdivider will be required to tender offers of cession in form approved as satisfactory by the Attorney of all sewers, drains, surface drains, waterlines and all land included in streets, parks or other public areas not specifically reserved as shown on the final plat, but approval of the final plat shall not constitute acceptance by the Village Board of the dedication of such facilities without formal acceptance by the Village Board. This subsection shall not apply to corporations operating under the Transportation Act.

§ 205-8. Fees.

A filing fee as determined by resolution of the Village Board shall be paid to the Village Clerk for credit to the account of the Planning Board in the general fund when the final plat is filed with the Board for final approval.