(A) Generally.
(1) The Plan Commission review of an application for preliminary plat approval, which does not request any variations of this chapter, shall be publicly noticed as provided in this section and reviewed in a public meeting. The applicant shall notify, in writing, by first class mail or hand delivery, all property owners within 250 feet of the boundaries of the proposed subdivision, excluding measurement of streets and rights-of-way, no less than 15 days nor more than 30 days, in advance of the scheduled Plan Commission meeting date.
(2) The mailing of notice, addressed to the name and address on the most recent Cook County real estate tax records, shall be deemed a satisfaction of this notice by mail requirement.
(3) The required mail notice for subdivision applications, which do not request any variations of this chapter, shall contain at a minimum, the following information:
(a) The street address, legal description or detailed location description of the property, if any, that is the subject of the subdivision application;
(b) A statement describing the name of the subdivision and number of lots proposed;
(c) The name and address of the applicant;
(d) The name and address of the legal and beneficial owner of the property; and
(e) The Plan Commission meeting date, time and location.
(4) At the Plan Commission meeting, the applicant shall present an affidavit, certification or other evidence satisfactory to the Plan Commission, that the above notice requirement has been satisfied.
(B) Notice requirements for variations. The Plan Commission review of an application for preliminary plat approval which requests variations of this chapter shall require a duly noticed public hearing. The notice for the hearing shall be given by the applicant in the form and manner and to the persons specified in this division.
(1) Notice by mail. The applicant shall notify, in writing, by first class mail or hand delivery, all property owners within 250 feet of the proposed subdivision, excluding measurement of streets and rights-of-way, no less than 15 days nor more than 30 days, in advance of the scheduled Plan Commission public hearing date. The required mail notice shall contain, at a minimum, the following information:
(a) The street address, legal description or detailed location description of the property, if any, that is the subject of the subdivision application;
(b) A statement describing the name of the subdivision and number of lots;
(c) A statement describing the nature and reason(s) for the requested variation;
(d) The name and address of the applicant;
(e) The name and address of the legal and beneficial owner of the property; and
(f) The Plan Commission public hearing date, time and location.
(2) Notice by sign. The applicant shall post the subject property with a ground sign of approximately six square feet of gross surface area. The sign shall legibly display the name of the subdivision, the type of variation requested, the name and address of the applicant, and the time, date and location of the Plan Commission public hearing. The sign shall be located on the subject property so as to be visible from at least one right-of-way abutting the subject property. The sign shall be erected on the subject property no less than 15 days nor more than 30 days in advance of the scheduled Plan Commission public hearing date. The applicant shall remove the sign within three days of the close of the hearing.
(3) Report to Plan Commission. At the hearing the applicant shall present to the Plan Commission an affidavit, certification or other evidence satisfactory to the Plan Commission demonstrating, that the notice requirements of this division have been satisfied.
(C) Public hearing procedures for variations.
(1) Rights of all persons. Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, and may submit documentary evidence; provided, however, that the hearing body may exclude irrelevant, immaterial or unduly repetitious evidence.
(2) Rights of parties and proximate owners.
(a) The applicant and, subject to restrictions imposed by the village's ethics ordinance, any board, commission, department or official of the village, and any property owner entitled to written notice pursuant to division (B) of this section, may, subject to the discretion of the Plan Commission, be allowed any or all of the following rights:
1. To present witnesses on their behalf;
2. To cross-examine all witnesses testifying in opposition to their position;
3. To examine and reproduce any documents produced at the hearing;
4. To have subpoenas issued by the Chairman of the Plan Commission for persons to appear at the hearings and for examination of documents by the person requesting the subpoena either before or during the hearing, where such persons or documents are shown to have a substantial evidentiary connection with: the property to which the request applies, or facts that would support or negate the legal standards for granting the request; and
5. To be granted, upon request, a continuance for the purpose of presenting evidence to rebut evidence introduced by any other person.
(b) In granting or withholding such rights, the discretion of the Plan Commission shall be governed by the goal of securing all information and opinion relevant and material to its deliberations. Such rights shall not, however, be granted where undue and unwarranted delay would result, or where to do so would tend to produce no new evidence to aid the Plan Commission in reaching its decision.
(3) Adjournment of hearing. The Plan Commission may at any time, on its own motion or at the request of any person, adjourn the hearing for a reasonable time, and to a fixed date, time and place, for the purpose of giving further notice, taking further evidence, gathering further information, deliberating further, or for such other reason as the body finds to be sufficient. The Plan Commission Chairman shall notify, in writing, all members of the Plan Commission, all parties to the hearing, and any other person designated on the vote of adjournment, of the date, time and place of the adjourned hearing.
(4) Testimony to be sworn. All testimony at any public hearing held pursuant to the provisions of this chapter shall be given under oath.
(5) Right to submit written statements. Any person may at any time prior to the commencement of a hearing hereunder, or during such hearing or within such time as may be allowed by the Plan Commission following such hearing, submit written statements in support of or in opposition to the application being heard. Such statements shall be subscribed and sworn before an officer authorized to administer oaths and shall be a part of the public record of the hearing.
(Ord. 7-42, passed 6-20-07)