(A) Created; membership.
(1) The Planning and Zoning Board of the Village is hereby created in accordance with Illinois statute. The Planning and Zoning Board shall act on a consolidated basis pursuant to Division 12 and Division 13 of the Illinois Municipal Code (see 65 ILCS 5/21-22-4 and 65 ILCS 5/11-13-3).
(2) The Mayor shall appoint a Planning and Zoning Board consisting of seven members which shall be confirmed by a majority vote of the members of the Village Council present and voting thereon.
(3) The members appointed shall serve respectively for the following terms: one for one year, one for two years, one for three years, one for four years, one for five years, one for six years and one for seven years; the successor to each member so appointed to serve shall serve for successive terms of five years.
(4) One of the members so appointed shall be named as Chairperson by the membership of the Planning and Zoning Board, and in the case of a vacancy, the Mayor shall designate a Chairperson which shall be confirmed by a majority vote of the Village Council present and voting thereon. The Mayor shall have the power to remove any member of the Planning and Zoning Board for cause, after public hearing. Vacancies on the Planning and Zoning Board shall be filled for the remaining unexpired term of the member whose place has become vacant, in the manner herein provided for the appointment of the new member.
(5) All members of the Planning and Zoning Board shall receive compensation in the amount of $25 per meeting attended or as may otherwise be fixed from time to time by the Village Council.
(B) Jurisdiction. The Planning and Zoning Board is hereby vested within the following jurisdiction and shall carry forth its powers and duties as set forth as follows:
(1) To hear and decide and appeal from any order, requirement, decision or determination made by the Zoning Officer or other authorized official of the Village having jurisdiction under this chapter;
(2) To hear applications for variations from the terms provided in this chapter in the manner and subject to the standards set forth in this section;
(3) To hold public hearings on matters pertaining to applications for zoning text amendments and zoning map amendments;
(4) To hear applications and hold public hearings on matters pertaining to applications for conditional permitted uses (special uses) including planned developments;
(5) To herein decide upon all matters referred to it by the Gardner Village Council or upon which it is required to pass under this chapter, in accordance with the applicable Illinois statutes;
(6) To prepare and recommend to the Village Council a Comprehensive Plan for the present and future development or redevelopment of the Village and contiguous unincorporated territory not more than one and one-half miles beyond the corporate limits of the Village. The Comprehensive Plan, once adopted by the Gardner Village Council, shall be advisory only, except as to those parts thereof that have been implemented by ordinances duly adopted by the Village Council. All requirements for public hearings, filing notice of adoption with the County Recorder of Deeds and such other procedures shall be complied with as provided for by law;
(7) To recommend to the Village Council, from time to time, changes, modifications or additions in the Comprehensive Plan, or any part thereof, as may be deemed necessary;
(8) To recommend to the Gardner Village Council and to assist in the implementation of such ordinances regarding developer donations or impact fees, and specifically for expenditures thereof “school grounds” as defined as including land or site improvements, which include school buildings or other infrastructure necessitated and specifically and uniquely attributed to any such development or subdivision;
(9) To enforce the Subdivision Code of the Village of Gardner and to review and recommend the approval, denial or approval with condition any Preliminary Subdivision Plats or Final Subdivision Plat which are submitted to the Planning and Zoning Board for consideration and recommendation. The Planning and Zoning Board shall also be vested with the authority to recommend reasonable standards of design for subdivisions and for resubdivisions of unimproved land. The Planning and Zoning Board shall also establish reasonable requirements governing the location, width, course and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, street lights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, stormwater drainage, water supply and distribution, sanitary sewers, and sewage connection and treatment;
(10) To exercise such additional powers germane to the powers granted by Division 12 and Division 13 of the Illinois Municipal Code, as may be amended from time to time, or to exercise such additional powers as may be conferred by the Gardner Village Council.
(C) Meetings and rules.
(1) All regular meetings of the Village Planning and Zoning Board shall be established by the Gardner Village Council at the beginning of each calendar year or at the call of the Chairperson. Special meetings of the Planning and Zoning Board may be held at such times and places within the Village as the Planning and Zoning Board may determine. All testimony by witnesses at any such public hearings provided for in the zoning ordinances herein shall be given under oath.
(2) The Chairperson, or the acting Chairperson in his or her absence, may administer oaths and compel the attendance of witnesses. All meetings of the Planning and Zoning Board shall be open to the public.
(3) The Planning and Zoning Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if a member is absent or fails to vote, such indication shall be accurately reflected in the minutes of any such meeting.
(4) The Village Council may appoint a Secretary to the Planning and Zoning Board as it may deem necessary or appropriate. In that event, the Village Council shall compensate the Secretary for his or her services, and the compensation shall be fixed by the Village Council from time to time.
(5) The concurring vote of a majority of the members of the Planning and Zoning Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Officer on any matter which is authorized by this chapter.
(D) Quorum. A majority of the Planning and Zoning Board shall constitute a quorum. The Chairperson shall vote with the other members of the Planning and Zoning Board, and shall be included in determining a quorum.
(E) Zoning map.
(1) At the time of adoption of the Comprehensive Plan or any subsequent amendment thereto, the Planning and Zoning Board shall adopt an official map which shall consist of the corporate limits of the Village of Gardner and shall specifically include contiguous unincorporated territory within one and one-half miles from the then corporate limits of the Village. All requirements for public hearings, filing of notice of adoption with the County Recorder of Deeds and the filing of the plan and ordinances, including the official map, with the Village Clerk shall be complied with as provided by law.
(2) The Planning and Zoning Board shall also review the official zoning map of the Village of Gardner on an annual basis, and shall complete its review no later than March 31 of each year. Any zoning map showing the existing zoning uses, divisions, restrictions, regulations and classifications of the Village shall be published in pamphlet form and placed on file and available for public inspection at the Gardner Village Hall on or before March 31 of each year. If, in any calendar year, the Village zoning map is amended, the Planning and Zoning Board shall monitor any such changes and recommend any such additions, amendments or modifications thereto to the Village Council.
(F) Written findings and recommendations. The Planning and Zoning Board, following any required public hearing, or as otherwise may be requested by the Gardner Village Council, shall submit its written findings and recommendations as may be required by statute for consideration by the Gardner Village Council. The Gardner Village Council shall consider the recommendation of the Gardner Planning and Zoning Board before taking any final action on any matter.
(G) Extra territorial jurisdiction. No map or plat of any subdivision presented for recording affecting land which is not more than one and one-half miles beyond the corporate limits of the Village shall be recorded of public record or otherwise valid unless the subdivision shown thereon provides for streets, alleys, public ways, ways for public service facilities, storm and flood water run-off channels and basins, and public grounds, and conformity with the applicable subdivision requirements and the Comprehensive Plan of the Village of Gardner. Any such subdivision shall be considered by the Planning and Zoning Board, and its recommendation shall be transmitted to the Gardner Village Council for consideration. No such plat of subdivision shall be recorded unless a Certificate of Approval by the corporate authorities, certified by the Village Clerk, is located thereon indicating the approval of any such subdivision by the Gardner Village Council. The Village of Gardner expressly reserves the right to reject any such plat of subdivision which fails to comply with the Subdivision Regulations of the Village of Gardner, as may be amended from time to time, although the Gardner Village Council shall be authorized to waive such technical requirements as it may deem both reasonable and necessary.
(H) Jurisdictional boundary line agreement. If unincorporated territory is within one and a half miles of the boundaries of two or more corporate authorities that have adopted official plans, the corporate authorities involved may agree upon a line which shall mark the boundaries of the jurisdiction of each of the corporate authorities who have adopted such agreement. Any such Boundary Line Agreement may provide that one or more of the municipalities shall not annex territory which lies within the jurisdiction of any other municipality, as established by such line. In considering a Jurisdictional Boundary Line Agreement, both corporate authorities shall give consideration of the natural flow of the stormwater drainage, and when practical, shall include all of any single tract having common ownership within the jurisdiction of one corporate authority. Additionally, both corporate authorities shall give consideration to the district boundaries of any affected fire district, school district, library district or other applicable governmental entity. In the absence of such agreement, the jurisdiction of any one of the corporate authorities shall extend to a median line equidistant from its boundary and the boundary of the other corporate authority nearest to the boundary of the first corporate authority at any given point in line. Any agreement for a jurisdictional boundary line shall be valid for such terms of year and upon such conditions as may be stated therein, except that no Jurisdictional Boundary Line Agreement shall exceed a period of 20 years. If no term is stated, the Jurisdictional Agreement shall be valid for a term of 20 years. The term of such agreement may be extended, renewed or revised at the end of the initial or extended term thereof by further agreement of the respective municipalities.
(Ord. passed 1-12-1976, § XIII-F)