(A) No sooner than 90 days but no longer than 120 days from the date the application was filed with the Village Clerk, a public hearing shall be held by the Village Board. Two members of the Village Board shall constitute a quorum for the public hearing.
(B) The Village President or, if he or she designates, the Hearing Officer, shall notify the Village Clerk of the date upon which such hearing shall be held and shall request the Village Clerk to cause notice of such hearing to be made as follows:
(1) By publication of two legal notices in a newspaper of general circulation published in the village. One such notice shall be published no later than 60 days from the date the application was received by the Village Clerk and one such notice shall be published no later than 75 days from the date the application was received by the Village Clerk. Such notices shall contain the following information, which, except for (B)(1)(h) through (j), below, must be provided by the applicant:
(a) The name and address of the applicant;
(b) The name and address of the owner of the site, and in case ownership is in a land trust, the names of the beneficiaries of said trust;
(c) The legal descriptions of the site and facility;
(d) The street address of the facility, and if there is no street address applicable to the facility, a description of the facility location that will reasonably identify the property to residents of the neighborhood;
(e) The nature and size of the facility;
(f) The nature of the activity proposed;
(g) The probable life of the proposed activity and facility;
(h) The time and date of the public hearing;
(i) The location(s) of the public hearing;
(j) A statement that any person wanting to participate in the public hearing by presenting sworn testimony, cross-examining witnesses, or presenting unsworn oral comment, must submit a notice of participation to the Village Clerk during regular business hours prior to the public hearing or to the Hearing Officer at the public hearing and prior to such person's participation in the public hearing, providing the following information: name, address, phone number, whether they are participating on their own or someone else's behalf, if participating on someone else's behalf the name of that person, whether they are represented by an attorney, and the name, address, and phone number of such attorney;
(k) A statement that the Hearing Officer for the public hearing has the discretion to hold a telephone conference prior to the public hearing to discuss procedure and any participants, represented by an attorney, who desire to be included in that telephone conference must provide a notice of participation with the information requested in § 100.07(B)(1)(j) to the Village Clerk no later than 15 days prior to the public hearing.
(2) A copy of the notice shall also be sent, no later than 55 days after the date the application was received by the Village Clerk, by certified mail return receipt requested to the following:
(a) All members of the General Assembly from the district in which the proposed facility is located;
(b) The Illinois Environmental Protection Agency;
(c) The governing authority of every municipality contiguous to the proposed site or contiguous to the municipality in which the proposed site is to be located; and
(d) The County Board.
(C) At least 20 days prior to the public hearing, the Village President shall appoint the Hearing Officer.
(D) The public hearing shall be in the presence of a certified court reporter.
(E) Conduct of the public hearing shall be substantially as follows:
(1) Call to order by the Village President or, ass/he may delegate, the Hearing Officer;
(2) Introduction of the Village President and Village Trustees who are present;
(3) Introduction of the Hearing Officer;
(4) Identification of the application as the first exhibit of the public hearing;
(5) Identification of the date the application was received by the Village Clerk;
(6) Identification of pre-filing and public hearing notices as the second and third, respectively, exhibits to the public hearing;
(7) Identification of any village staff, consultants, and attorneys present;
(8) Identification of all other participants who des ire to participate in the public hearing by presenting oral testimony, witnesses, unsworn comment, or through cross-examination (to assist with such identification, the Hearing Officer may designate a sign-in sheet);
(9) Opening statements, if any, participants, including the applicant, who intend to present evidence or testimony at the public hearing may make an opening statement;
(10) The Village Board shall then hear testimony from the applicant and/or any witnesses the applicant may wish to call. Upon the close of the applicant's testimony, participants, other than the applicant or the village, may present sworn testimony, including any witnesses and evidence they wish to present;
(11) In the Hearing Officer's discretion and, if requested by village staff, the public hearing may be continued to another date and time, within the time limitations of the Act, to allow village staff to consider evidence and comment presented at public hearing prior to it presenting any evidence or comments;
(12) After the close of the applicant's and any other participants' cases, other than the village, the village staff, consultant, or attorney may present any witnesses and evidence or unsworn comments it wishes to present;
(13) Rebuttal testimony and evidence will be allowed at the discretion of the Hearing Officer;
(14) Following rebuttal testimony, if any, or as otherwise scheduled consistent with fundamental fairness and in the Hearing Officer's discretion, any Participant who wishes to present unsworn oral comment may then present such comment to the Village Board;
(15) Closing statements, if any, by participants, including the applicant, who presented evidence or testimony at the public hearing. The village is allowed a closing statement even if it presented no evidence or comment at the public hearing;
(16) Rebuttal statement, if any, by the applicant, subject to limitations as imposed by the Hearing Officer; and
(17) Hearing closed.
(F) All witnesses who testify under oath shall be subject to reasonable questioning as follows: direct, cross-examination, redirect, recross, etc.
(G) At any time during the public hearing, any Village Trustee, the Village President, the Hearing Officer, and/or any participant may cross-examine any witness. ln their discretion, the Village Trustees, and/or Village President may present questions they would like to ask a witness to the Hearing Officer, for the Hearing Officer to ask those questions on their behalf.
(Ord. 2088-23, passed 12-5-23)