A. Setting Hearing or Meeting; Time Limitation. When the provisions of this Code require a public hearing or meeting in connection with any application filed pursuant to this Code, the body charged with conducting the hearing or meeting shall, upon receipt of a properly completed application, fix a reasonable time and place for such hearing or meeting; provided, however, that such hearing or meeting shall be commenced no later than 60 days, and shall be concluded no later than 120 days, following the submission of the subject application unless the applicant shall agree to an extension or unless the hearing or meeting agendas of the regularly scheduled meetings of the body are completely committed during that time.
B. Notice.
1. Giving Notice. The Village Manager shall cause notice to be given of public hearings set pursuant to Subsection A of this Section in the form and manner and to the persons herein specified.
2. Content of Notice. All notices shall include the date, time, and place of such public hearing or meeting, a description of the matter to be heard or considered, a legal description of the subject property, and the address or particular location of the subject property.
3. Persons Entitled to Notice.
(a) All Hearings and Meetings. Notice of every public hearing or meeting set pursuant to Subsection A of this Section shall be given:
(i) By mail or personal delivery to the applicant and, if a specified parcel is the subject of the application, to the owner of the subject property.
(ii) By mail to any newspaper or other new medium that shall have filed a written request, accompanied by an annual fee as established from time to time by the Village Manager to cover postage and handling, for notice of all public hearings or meetings held pursuant to this Code. Such written request shall automatically expire on December 31 of the year in which it is made unless a written request for renewal, accompanied by the annual fee, is submitted prior to such date.
(iii) By mail, personal delivery, or interdepartmental delivery to affected Village boards, commissions, departments, officials, and consultants.
Notice by mail as herein required shall be mailed no fewer than seven days in advance of the public hearing or meeting date by regular United States mail.
(b) Hearings on Amendments, Special Use Permits and Variations. In addition to the notice required by Subparagraph B3(a) of this Section, notice of every public hearing set pursuant to Subsection A of this Section in connection with any application for an amendment to this Code or the Zoning Map, a special use permit, or a variation shall be given by publication in a newspaper of general circulation in the Village at least once no less than 15 days nor more than 30 days in advance of the hearing date.
C. Referral to Village Commissions and Departments.
The Village Manager, not later than the time set pursuant to Subsection B of this Section for giving notice, shall refer every application for which this Code requires a public hearing or meeting before either the Zoning Board of Appeals, the Zoning Commission, or the Plan Commission to all appropriate Village commissions and departments for review and comment.
D. Conduct of Hearings
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. Subject to the discretion of the hearing body, the applicant, any board, commission, department, or official of the Village, and any interested property owner may be allowed, in addition to the rights granted by Paragraph D1 of this Section, any or all of the following rights:
(a) To present witnesses on their behalf.
(b) To cross-examine all witnesses testifying in opposition to their position.
(c) To examine and reproduce any documents produced at the public hearing.
(d) To have subpoenas issued by the body in charge of the public hearing as may be provided by State law 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:
(i) the property to which the request applies; or
(ii) facts that would support or negate the legal standards for granting the request.
(e) To a continuance, upon request, for the purpose of presenting evidence to rebut evidence introduced by any other person.
In determining whether to grant or withhold such rights, the discretion of the hearing body shall be governed by the goal of securing all information and opinion relevant and material to its deliberations. Such rights shall not be granted, however, when undue and unwarranted delay would result, or when to do so would tend to produce no new evidence to aid the hearing body in reaching its decision.
3. Adjournment of Hearing. The body conducting the public hearing 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 hearing body may find to be sufficient. The Staff Secretary of the hearing body shall notify in writing all members of the hearing body, 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 Code shall be given under oath.
5. Right to Submit Written Statements. Any person may at any time prior to the commencement of a public hearing hereunder, or during such hearing, or within such time as may be allowed by the hearing body following such hearing, submit written statements in support of or in opposition to the application being heard.
6. Board or Commission Rules to Govern. All other matters pertaining to the conduct of hearings shall be governed by the provisions of this Code pertaining to, and the rules promulgated by, the body conducting the hearing.
E. Pre-Hearing and Pre-Meeting Examination and Copying of Application and Other Documents. At any time following the giving of notice as required in Subsection B of this Section, and upon reasonable request, any person may examine the application and, subject to the exceptions set forth in the Illinois Freedom of Information Act, all other documents on file with the Office of the Village Manager pertaining to the matter subject to such notice. In addition, any person shall be entitled to copies of such application and documents upon reasonable request and payment of a fee as established from time to time by the Village Manager to cover the cost of such copies.