(a) All completed applications which are referred to the Planning Commission for review shall be heard within forty-five (45) calendar days from the date of filing. The forty-five-(45) day limit shall stop when the Planning and Development Department provides comments and/or corrections, and shall reset upon resubmittal to the Planning and Development Department.
(b) Notice of the date set for hearing shall be published in one or more local newspapers of general circulation in the Village and posted on at least one (1) public bulletin board. Notice to the applicant and adjacent or contiguous property owners shall be sent by first class mail as evidenced by a certificate of mailing or by personal service at least six (6) days prior to the hearing date. The notice shall state the date, the time and the place of the hearing, the name of the applicant and the nature of the application. The failure of delivery of such notice shall not invalidate any decision by the Planning Commission related to the hearing. The Commission may continue an on-going hearing from date to date without additional notice. A sign indicating a hearing will be held regarding an application for the subject property shall also be posted on the subject property no sooner than fourteen (14) calendars days, and no later than forty-eight (48) hours, from the hearing date. Failure to place a sign on the subject property within the stipulated timeframe shall not invalidate any decision by Planning Commission related to the hearing.
(c) The following persons may appear at hearings as parties and be heard in person or by attorney:
(1) The applicant;
(2) The owner of property that is the subject of the application, if the owner is not the applicant or appellant;
(3) The owner of property that is adjacent or contiguous to the property that is the subject of the application; and
(4) Any other person who claims that a direct, present injury or prejudice to a personal or property right will occur if the application is approved or denied.
(d) A person authorized to appear and be heard may:
(1) Present his or her position, arguments and contentions;
(2) Offer and examine witnesses and present evidence in support of his or her position, arguments and contentions;
(3) Cross-examine witnesses purporting to refute his or her position, arguments and contentions;
(4) Offer evidence and testimony to refute evidence and testimony offered in opposition to his or her position, arguments, and contentions;
(5) Proffer any evidence or testimony into the record if such evidence or testimony has not been admitted by the Commission.
(e) Hearings are open to the public, but are not public hearings. Any witness offering testimony or presenting evidence at a hearing shall be placed under oath prior to offering testimony or evidence. All hearings shall be audio-recorded. The Planning Commission, at its option, may have a hearing transcribed by court reporter.
(f) The Commission shall decide all applications within sixty (60) days after the formal conclusion of the hearing by the Commission, unless waived by the applicant. The decision of the Commission shall be in writing and shall be accompanied by findings of fact and a statement of reasons for the decision reached. The decision shall be filed in the Village Office and it shall become a part of the public record. The Village Manager, or his/her designee, shall serve a certified copy of the Commission's decision by personal service or ordinary mail on all parties to the hearing, all persons who claimed a right but were not permitted to appear as parties to the hearing.
(g) The Planning and Development Director, or his/her designee, shall incorporate the terms and conditions of the decision in the permit to the applicant, whenever a permit is authorized. (Ord. 22-2022. Passed 11-16-22.)