(A) Purpose: The provisions of this Section 6-1-7 shall supersede the disconnection provisions of sections 7-3-4 and 7-3-6 of the Illinois Municipal Code (65 Illinois Compiled Statutes 5/7-3-4 and 7-3-6, formerly Illinois Revised Statutes chapter 24, paragraphs 7-3-4 and 7-3-6) and shall constitute the sole and exclusive process and standards for disconnection of territory from the corporate limits of the Village of Barrington Hills.
(B) Eligibility: In order to be eligible to apply for disconnection from the Village of Barrington Hills, in addition to the standards hereinafter provided, the territory to be disconnected shall:
1. Contain twenty (20) or more acres, except that the Village Board of Trustees may initiate disconnection of territory that is less than twenty (20) acres in size;
2. Be located on the border of the Village; and
3. If disconnected, not result in the functional or geographic isolation of any part of the Village from the remainder of the Village.
(C) Petition:
1. Generally: One or more owners of real property who wish to disconnect his or their property from the Village shall file with the Village Clerk a petition (using a form to be provided by the Village Clerk) and such accompanying documentation as may be necessary to demonstrate compliance with the standards and requirements set forth herein.
2. Content: A petition for disconnection shall contain such information as may be required from time to time by the Village's Plan Commission or Zoning Board of Appeals, but in all instances shall include the following:
a. Plat of Disconnection, with surveyor's calculation of acreage involved.
b. Information as to Ownership:
(1) Name, address and telephone number of the legal owner, beneficial owner or owners, and any persons enjoying options or rights to acquire the property.
(2) Title insurance commitment or policy, including access endorsement, dated within sixty (60) days of the date of the application submittal, and a sworn statement of any changes to legal or beneficiary ownership or any contracts, options, leases and/or easements, licenses or covenants granted or reserved subsequent to the date of the title commitment or policy.
(3) A copy of the instrument(s) granting, conveying or reserving any existing legal rights of way or easements affecting the property.
(4) A copy of the instrument(s) creating any covenant affecting the property.
(5) The petitioner shall have an affirmative obligation to provide, without request from the village, updated information as any of the above described information may change between the time of submittal and the approval and execution of the plat of disconnection.
c. Location and legal description of territory, including township, section number, subdivision (if any), street boundaries, existing zoning and current use(s).
d. Complete discussion of the reason for disconnection, including proposed or anticipated use of the territory.
e. Inventory and analysis of the territory and surrounding properties, for a distance of not less than one thousand feet (1,000') ("the inventoried area"). To the extent that they relate to the territory, such inventory and analysis shall consider: topography; soils and geology; waterways, wetlands and drainage; vegetation; wildlife; historic features; adjacent land uses and zoning; utilities and related easements; riding trails, roadways and traffic circulation; and other information critical to an understanding of the capability of the territory to accommodate development. Aerial photographs may be required.
f. The petitioner shall be responsible to provide notice to state or federal agencies of their opportunity to provide comment on the purpose of the petition.
3. Quantity: The petitioner shall submit to the village clerk thirty (30) copies of the petition form and all supporting materials (together, "the petition").
(D) Fees: A petition shall be accompanied by: 1) a filing fee in the amount of two hundred fifty dollars ($250.00) plus an additional one hundred dollars ($100.00) for each five (5) acres or portion thereof beyond ten (10) acres, except that the maximum filing fee shall not exceed two thousand five hundred dollars ($2,500.00) for territory one hundred (100) acres or less in size and five thousand dollars ($5,000.00) for territory over one hundred (100) acres plus 2) an initial retainer in the amount of two thousand five hundred dollars ($2,500.00) to cover all costs incurred by the village in providing notice as required herein and in reviewing the petition, including, but not limited to, the fees and costs of experts in planning, traffic engineering, stormwater drainage, wetlands, limnology, real estate appraisal and surveying and all legal and engineering fees and costs ("review expenses"). Credit toward said review expenses shall be given for the filing fee. Upon demand of the village clerk at any time after payments are made for review expenses, the petitioner shall deposit such additional funds as may be necessary to maintain on account with the village an amount equal to the full amount of the initial retainer. No petition shall be placed on an agenda for action by the board of trustees unless the full amount of the retainer is on file.
(E) Preliminary Determination Of Eligibility And Completeness Of Petition:
1. Within ten (10) days after receipt of a petition, the village clerk shall determine whether: 1) the eligibility requirements of subsection (B) of this section appear, from the face of the petition, to be met, 2) the petition is complete, and 3) the appropriate fees are paid.
2. If the eligibility requirements do not appear to be met or the petition is incomplete, the village clerk shall return the petition to the petitioner with a letter specifying the deficiency. A determination that the eligibility requirements do not appear to have been met may be appealed to the board of trustees by letter from the petitioner received by the village clerk at least five (5) days before the next regularly scheduled meeting of the board of trustees. (Ord. 93-5, 5-24-1993)
3. If the eligibility requirements appear to be met, the petition is complete and the appropriate fees are paid, the village clerk shall refer the petition to staff for review in accordance with the terms of this section and to the village's police chief shall place the item on the agenda for public hearing at the next regular meetings (or a joint meeting) of the plan commission and the zoning board of appeals, and shall provide notice of the public hearing(s) as required hereinbelow. (Ord. 93-5, 5-24-1993; amd. Ord. 15-17, 9-28-2015)
(F) Notice:
1. Published Notice: The village clerk shall, at the petitioner's expense, provide that notice of the time and place of the public hearing(s) shall be published at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing (or the first thereof), in a newspaper of general circulation in the village.
2. Mailed Notice: The petitioner shall give at least fifteen (15) days prior written notice of the time and place of the public hearing(s) by certified mail, return receipt requested, to:
a. All owners of property within two hundred fifty feet (250') (not including street rights of way) of the boundaries of the territory proposed for disconnection; and
b. The Trustees or other officers of: the fire protection district in which the territory is located, the school district in which it is located, the library district in which it is located, the park district in which it is located, and the planning director and sheriff of the county in which it is located.
3. Posted Notice: At least fifteen (15) days prior to the public hearing, the petitioner shall post a two foot by three foot (2' x 3') notice of the hearings or joint hearing on each road or street frontage of the territory proposed for disconnection.
(G) Hearing on Petition: The Plan Commission and the Zoning Board of Appeals each shall hold a public hearing on the petition, or may jointly hold a hearing, at such time and place within the Village as shall have been stated in the published, mailed and posted notices. The hearing shall begin with presentation of the petitioner's case, followed by presentation of staff review, questions from the Plan Commission and/or ZBA members, and questions and comments from other governmental entities and the public.
(H) Burden of Proof: The petitioner shall have the burden of proving compliance with the requirements set forth herein.
(I) Plan Commission; Findings of Fact and Recommendations: Within twenty-eight (28) days after the close of the hearing on the petition, the Plan Commission shall make written findings of fact and shall submit same together with its recommendation to the Board of Trustees. The Plan Commission's findings shall be based upon the evidence presented to it in each specific case with respect to the following matters:
1. The eligibility requirements set forth in subsection (B) above;
2. Conformity of the anticipated future use of the disconnected territory with the Village's Comprehensive Plan and, in particular, with the Plan's goals for the planning area in which the territory is located and adjacent planning areas within one thousand feet (1,000') of the boundary of the territory;
3. The impact of the proposed disconnection and anticipated future use of the territory on:
a. Adjacent land uses and zoning;
b. The character of that area of the Village and the Village as a whole; and
c. Waterways, wetlands and drainage, wildlife, natural areas, historic features, water supply, roadways and traffic circulation, utilities and related easements and riding trails, each (i) on-site, (ii) off-site with the inventoried area, and (iii) if relevant, outside of the inventoried area;
4. The impact of the proposed disconnection and anticipated future use of the territory on the school district, the park district, the library district and the fire protection district;
5. The suitability of the soils, geology and topography of the territory for septic and other wastewater management systems;
6. The impact of the proposed disconnection and anticipated future use of the territory on provision of police and emergency response services by the Village; and
7. Such other matters as may be deemed relevant to a particular application.
The Plan Commission shall not recommend the granting of a petition for disconnection unless it finds that the disconnection and anticipated future use of the territory is in the public interest and is not solely for the interest of the petitioner. The Plan Commission may recommend the imposition of such conditions and restrictions upon the territory to be disconnected as it may deem necessary to protect the public health, safety, morals and welfare of the Village residents, including, but not limited to, the requirement of recordation of restrictive covenants regarding future use, density of development, required yards and conservation easements.
(J) Zoning Board of Appeals (ZBA); Findings of Fact and Recommendations: Within twenty-eight (28) days after the close of the hearing on the petition, the ZBA shall make written findings of fact and shall submit same together with its recommendations to the Board of Trustees. The ZBA's findings shall be based upon the evidence presented to it in each specific case with respect to the following matters:
1. The existing uses and zoning of the territory proposed for disconnection and all other property within the inventoried area (as previously defined);
2. The suitability of the territory, if disconnected, for the anticipated use;
3. The length of time the territory has been vacant as zoned, considered in the context of development in the Village as a whole and in the vicinity of the territory (both within and outside the Village);
4. The trend of development in the Village as a whole and in the general area of the territory proposed for disconnection;
5. The trend of development outside of the Village in the general area of the territory proposed for disconnection;
6. The need for the anticipated use in Barrington Hills;
7. The extent to which property values in the Village may be diminished by the disconnection and anticipated future use of the territory;
8. The extent to which such diminution of property values promotes the public health, safety, morals or general welfare of the residents of the Village;
9. The relative gain to the residents of Barrington Hills as compared to any hardship to the property owner(s); and
10. Such other matters as may be deemed relevant to a particular application.
The ZBA shall not recommend the granting of a petition for disconnection unless it finds that such disconnection and anticipated future use of the territory is in the public interest and is not solely for the interest of the petitioner. The ZBA may recommend the imposition of such conditions and restrictions upon the territory to be disconnected as it may deem necessary to protect the public health, safety, morals and welfare of the Village residents, including, but not limited to, the requirement of recordation of restrictive covenants regarding future use, density of development, required yards, and conservation easements.
(K) Action by the Board of Trustees:
1. The Board of Trustees shall not act upon a petition for disconnection until it shall have received a written report and recommendation from each of the Plan Commission and the Zoning Board of Appeals on the proposed disconnection.
2. In cases in which either the Plan Commission or the Zoning Board of Appeals recommends denial of a petition for disconnection, or in case of a written protest against a proposed disconnection signed and acknowledged by the owners of twenty percent (20%) or more of the property adjacent to the territory proposed to be disconnected is filed with the Village Clerk, such petition shall not be granted except by the favorable vote of two-thirds (2/3) of all members of the Board of Trustees.
3. In granting a petition for disconnection, the Board of Trustees may impose such conditions and restrictions upon the territory to be disconnected as it may deem necessary to protect the public health, safety, morals and welfare of its residents, including, but not limited to, the requirement of recordation of restrictive covenants regarding future use, density of development, required yards and conservation easements.
4. Action by the Board of Trustees on a petition for disconnection shall be by resolution. Such resolution, by its terms, shall not take effect until and unless all review fees incurred by the Village have been reimbursed by the petitioner and all conditions to approval (such as recording of restrictive covenants) have been fulfilled to the satisfaction of the Village Attorney or Special Counsel.
(L) Appeal to Circuit Court: Actions against the Village pertaining to the validity of this Section or any part thereof, or any application thereof, shall be brought in Cook County, as the county in which the Village's principal office is located. (Ord. 93-5, 5-24-93)