Publisher's Note: This Section has been AMENDED by new legislation (Ord. 23-59, adopted 12-18-2023). The text of the amendment will be incorporated below when the ordinance is codified. The duties of the Commission are as follows:
(A) (1) To prepare and recommend to the Village Board a comprehensive plan of public improvements looking to the present and future development of the village. After its adoption by the Village Board, this plan shall be known as the Official Plan of the Village of East Dundee. Thereafter, from time to time, the Commission may recommend changes in the Official Plan. This plan may include reasonable requirements with reference to the streets, alleys, and public grounds in unsubdivided land situated within the corporate limits or in contiguous territory not more than 1 miles beyond the corporate limits and not included in any municipality. These requirements shall be effective whenever this unsubdivided land is subdivided after the adoption of the Official Plan.
(2) Following the adoption of the Official Plan, no map or plat of any subdivision presented for record affecting land within the corporate limits of the village or in contiguous territory outside of and not more than 1 miles from those limits and not included in any other municipality shall be entitled to record or shall be valid unless the subdivision thereon shall provide for streets, alleys, and public grounds in conformity with the Official Plan.
(B) To prepare and recommend to the Village Board from time to time plans for specific improvements in the pursuance of the Official Plan.
(C) To give aid to the village officials charged with the direction of projects for improvements embraced within the Official Plan and to further the making of these projects and generally promote the Official Plan.
(D) To perform those duties and functions assigned by §§ 153.15 et seq. to the Historic Commission.
(E) To exercise such other powers, germane to the powers granted by this code, as may be conferred by the village and are granted a village under 65 ILCS, including but not limited to Act 5, §§ 11-12-1 to 11-12-12.
(F) (1) To hear appeals from any order, requirement, decision, or determination of the Building Commissioner or Village Administrator, relating to the East Dundee Zoning Ordinance by any person, firm, or corporation aggrieved thereby, or by any officer, department, board, or commission of the village. The appeal shall be taken within 45 days of the action complained of by filing a notice of appeal, in triplicate, specifying the grounds thereof, in the office of the Village Clerk, who shall transmit forthwith one copy to the Building Commissioner, one copy to the Village Administrator, and one copy to the Chairman of the Commission. The Village Administrator shall forthwith transmit to the Chairman of the Commission all the papers constituting the record upon which the action appealed from was taken.
(2) An appeal stays all proceedings in furtherance of the action appealed from unless the Building Commission or Village Administrator certifies to the Commission that, by reason of facts stated in the certification, a stay would cause imminent peril to life or property. In such case, the proceedings shall not be stayed except by a restraining order issued by the Commission or a court of record after notice to the Village Administrator and on due cause shown.
(3) The Commission shall select a reasonable time and place for the hearing of the appeal, give due notice thereof to all interested parties and shall render a written decision on the appeal without unreasonable delay. Any person may appear at the hearing and present testimony in person or by a duly authorized agent or attorney. The Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination of the Village Administrator.
(G) To recommend to the Village Board after holding a public hearing on application for variations from the strict enforcement of any provisions of the East Dundee Zoning Ordinance in accordance with the rules and standards set forth therein.
(H) To recommend to the Village Board, after holding a public hearing, on applications for special uses listed in each of the several zoning districts.
(I) To recommend to the Village Board, after holding a public hearing, on applications for Planned Developments referred to it by the Village Board and to hear and decide other matters referred to it or upon which it is required to pass under the provisions of the East Dundee Zoning Ordinance.
(J) To make recommendations to the Village Board, after holding a public hearing, on petitions for amendments to the provisions of the East Dundee Zoning Chapter and petitions for the rezoning of property.
(K) To transmit to the Village Board, with every recommendation, findings of fact, when required, and to refer to any exhibits containing plans and specifications relating to its recommendation, which plans and specifications shall remain a part of the permanent records of the Commission. The findings of fact shall specify the reason or reasons for its recommendation. The terms of the relief recommended shall be specifically set forth in a conclusion or statement separate from the findings of fact of the Commission.
(L) To file immediately in the office of the Village Clerk every rule, order, requirements, decisions, or determination of the Commission after any meeting or hearing, which shall be a public record.
(M) Nothing contained herein shall be construed to authorize the Commission to change any of the provisions of the East Dundee Zoning Ordinance or district boundary lines established hereby. The concurring vote of four members shall be necessary to reverse any order, requirement, decision, or determination of the Village Administrator or to decide in favor of the applicant any matter upon which the Commission is authorized to act.
(N) Additional duties of the Commission are also outlined in the East Dundee Zoning Ordinance, Subdivision Ordinance, Historical District Ordinance, this Code and the Illinois Municipal Code.
(Ord. 01-05, passed 6-4-2001; Am. Ord. 14-26, passed 9-15-2014)