All objections relating to acreage requirements, presumptions as to fair market value, the Table of Estimated Ultimate Population Per Dwelling Unit set forth in § 155.02, or any other application of this chapter to a particular lot, subdivision or planned development, shall be referred to the Village Board for hearing. An objection must be made, if at all, prior to the approval by the village of the final plat of subdivision or planned unit development. Where a plat of subdivision is not required, any objection must be made before the issuance of any building permit. A failure to object by such time shall constitute a waiver of the right to object to the provisions of this chapter.
(A) Form of objection. All objections shall be in writing and at a minimum contain the following information:
(1) Specific identification of the exact data, calculation or other determination to which an objection is being made;
(2) A detailed written basis for each and every objection made with specific reference to all data, written documentation and/or testimony on which each and every objection is based;
(3) A specific detailed statement setting forth the proper data, calculation or determination which the objector believes should be made under this chapter with specific and detailed reference to any data, documentary information and oral testimony supporting said position or belief;
(4) Copies of all data, and/or any other documentary evidence upon which the objector intends to rely;
(5) Where any data is submitted the objection shall make a specific reference as to the source of such data;
(6) Where any studies performed by or on the behalf of the objector or any other source are submitted, the objector shall further submit detailed information concerning the methods and procedures used in the study to collect and analyze data;
(7) Where any documentary or other evidence upon which the objector relies refers to other sources of information and/or back-up materials from which data or information was gathered, the objector shall provide copies of such back-up data and/or information;
(8) (a) A certification swearing that the objector has served full and complete copies of its objection upon the superintendent of the school district serving the village. If personal service is used the certification shall state:
1. The date upon which such personal service was made;
2. The home and business addresses of the individual making personal service; and
3. The identity and description of the individual to whom service was actually made.
(b) Where service is by certified mail return receipt requested the certification shall state the day and place on which such mailing was deposited with the U.S. post office and the name of the individual depositing same with the U.S. post office.
(9) The legal and common description of the properties affected by the objection.
(B) Waiver of objections not made. All objections shall contain every and any objection being made. Any objections which are not specifically set forth shall forever be deemed waived.
(C) Variances in the form of the objection. Where any objector believes the information required to be contained in the objection creates an undue hardship, the objector shall include with its objection a sworn certification stating specific and detailed reasons why all the information required cannot be supplied and all reasons why the objector believes that requiring this information is an undue hardship.
(D) Procedure for making an objection. Ten copies of every objection shall be served upon the Village Clerk. If the objection is served on the Village Clerk ten or more business days before the next regularly scheduled Board meeting, the objection shall be formerly presented to the Village Board at its next regularly scheduled meeting. If the objection is served upon the Village Clerk less than ten business days before the Board's next regularly scheduled meeting, the objection shall be formerly presented to the Village Board at the first regularly scheduled Village Board meeting which is ten or more days after the date the objection is received by the Village Clerk. When the Village Clerk receives an objection he or she shall notify the objector and the superintendent of the school district of the date at which the objection shall be formerly presented to the Village Board. The objector and/or the objector's representative shall appear at the date scheduled for the presentment of the objection to the Village Board. If service of the objection on the superintendent of the district was made by certified mail, the objector shall appear on said date and submit to the Board proof that the objection was in fact received by the superintendent of the school district. The school district, through its representative, shall also have the right to appear and address the Village Board on the date the objection is formerly presented to the Village Board. On the date the objection is formerly presented the Village Board, the objector and any representatives from the school district shall set a date for a hearing on the objection. If requested, the school district shall be given at least 30 calendar days to review and develop information to be presented at the hearing on the objection. If the school district believes additional time is necessary, the school district shall request same at the time the objection is formally presented to the Board. The Village Board shall give the school district more than 30 days to develop information in preparation for the hearing if the school district can show good cause for such additional time. The factors to be considered in determining whether any school district has shown good cause include but are not limited to:
(1) The length of the objection and the amount of supporting data contained in it;
(2) Whether all back-up data studies and reports have been submitted with the objection;
(3) The school district's need to undertake additional study or gather additional information to present to the board at the hearing; and
(4) The complexity of the issues involved.
(E) Hearing. The hearing shall take place at a regularly scheduled Village Board meeting or other special meeting duly noticed and called for said purpose. The hearing shall take place on the date and time set by the Board. The Village President shall preside over the hearing and render decisions on any testimonial and/or evidentiary questions that arise with the advice of the Village Attorney. The objector and the school district shall have the right to be represented by counsel and the right to present oral and documentary evidence to the Board. The objector and the school district shall have the opportunity to cross-examine each other's witnesses. Any member of the Village Board shall have the right to ask questions of any witness at any time. The objector and the school district shall be provided the opportunity to present rebuttal testimony and/or documentation. After the objector and the school district have submitted their testimony and documentation, the Board shall give interested members of the public the right to be heard. The Board shall have the right to continue the hearing from time-to-time on its own motion or on the request of the objector and/or the school district. The Board shall deliberate in public and shall issue its written decision on each objection within 30 days of the conclusion of the hearing. The Board may accept or reject the objector's position in whole or in part. All costs of the hearing, including the Village Attorney fees, court reporter fees, publication costs and the like shall be paid by the objector. The village may require the objector to make an advanced deposit to cover such fees and costs.
(F) Notice of hearing. At least once, not more than 20 nor less than 15 calendar days before the hearing shall the objector publish in one or more newspapers published in the village, a notice setting forth the date, time and place for the scheduled hearing on the objection. The notice shall identify the nature of the objector's objection, the relief requested, identify the property or properties involved by both legal and common descriptions and invite any interested members of the public to attend. At the opening of the scheduled hearing the objector shall initially furnish to the Village Board proof that it has complied with the requirements of this division (F).
(G) Appeals. The decision of the Village Board shall be final. All appeals of such decisions shall be on the record of the hearing before the Village Board and in accordance with the Illinois Administrative Review Law, 735 ILCS 5/3-101 et. seq. Appeals shall be filed within 35 days of the written decision of the Village Board.
(Ord. 15-07, passed 10-5-2015)