(A) No sooner than 90 days but no longer than 120 days from the date of filing of a complete application for site approval with the County Clerk, a public hearing shall be held as close as possible to the proposed facility.
(B) Within 30 days of the date of filing of the complete application for site approval, the County Administrator shall determine the date, time, and location of the public hearing. The County Administrator shall provide written notification to the applicant and the County Clerk of the date and location of the public hearing.
(C) The applicant shall provide notice of the hearing as follows:
(1) Publish two legal notices in a newspaper of general circulation published in the county. The first notice shall be published no later than 60 days from the date of filing of an application and the second notice shall be published not later than 14 days before the hearing. The notices shall consist of a display add containing the following information:
(a) The name and address of the person, partnership, or corporation requesting site location approval;
(b) The owner of the site, if ownership is in a land trust, the names of the beneficiaries of the trust;
(c) The legal description of the site;
(d) The street address of the property, and if there is no street address applicable to the property, a description of the site with reference to location, ownership, or occupancy or in some other manner that will reasonably identify the property to residents of the neighborhood;
(e) The nature and size of the proposed development;
(f) The nature of the activity proposed;
(g) The probable life of the proposed activity;
(h) The time and date of the public hearing;
(i) The location of the public hearing;
(j) A statement that the application and public record is available for public review on the Lake County website and in the Office of the County Clerk; and
(k) A statement that all copies of evidence other than oral testimony to be submitted at the public hearing must be filed with the County Clerk at least ten days before the public hearing; provided however, that the Hearing Officer, in their sole and absolute discretion, may allow for the admission of evidence at the public hearing, or any continuance thereof, otherwise required to be filed with the Office of the County Clerk in accordance with this section;
(l) A statement that any person intending to participate in the public hearing process (through sworn testimony or unsworn oral comment) must file an appearance with the County Clerk at least ten days prior to the public hearing in accordance with § 50.47.
(2) Certified mail, return receipt requested, to all members of the General Assembly from the district in which the proposed site is located.
(3) Certified mail, return receipt requested, to the Illinois Environmental Protection Agency.
(4) Certified mail, return receipt requested, to the governing authority of all municipalities and townships within one and one-half miles of the proposed facility.
(D) The applicant for site location approval shall have the burden of going forward with evidence of the suitability of the site location for the proposed use. The applicant shall present at least one witness who shall be subject to cross-examination at the hearing.
(E) Any person appearing at the public hearing as provided for in § 50.47 shall have the right to give testimony, comment on the suitability of the site location for the proposed use, and submit questions to the Hearing Officer for cross-examination of a witness. An attorney who has filed an appearance on behalf of a participant shall have the right to cross-examine witnesses as may be limited by the Hearing Officer.
(F) Verbal recording of the public hearing shall be made by a certified reporter and a verbatim transcript prepared. Copies of the transcript shall be made available at cost upon request.
(G) Conduct of the public hearing shall be substantially as follows:
(1) Call to order;
(2) Introduction of the Hearing Officer and recognition of Lake County Board members in attendance;
(3) Recognition of the applicant and identification of the request for site approval;
(4) Recognition of fees, notices, and date of filing of the request for site approval;
(5) Recognition of the county and other parties registered to participate and any other reports, exhibits, maps, or documents of record as filed pursuant to this subchapter, as amended;
(6) The applicant, the county, and other registered parties may make an opening statement;
(7) The Hearing Officer shall then hear testimony from the applicant and/or any witnesses the applicant may wish to call.
(8) Upon the close of the applicant's testimony, parties registered to participate, as set forth in (G)(5), may offer expert witnesses and evidence they may wish to present. These other parties may or may not be represented by counsel.
(9) Upon the close of the applicant's and other parties' testimony and evidence, the county may present any witnesses and evidence it wishes to present.
(10) Members of the public may then present unsworn oral comment to the Hearing Officer. General comment pursuant to this subsection shall be limited to five minutes per person. The Hearing Officer in their discretion may permit others in attendance at the hearing to make comment or may expand an individual's time for comment if deemed appropriate. Public comments shall not be given the evidentiary weight of sworn testimony subject to cross-examination.
(11) Summary statements by applicant, other parties, and the county, subject to limitations as imposed by the Hearing Officer;
(12) Rebuttal statement, if any, by the applicant, subject to limitations as imposed by the Hearing Officer; and
(13) Hearing closed.
(H) The Hearing Officer shall decide the order of presentation of testimony subject to this subchapter, as amended;
(I) All witnesses shall testify under oath. Testimony may include the use of exhibits. All witnesses shall be subject to reasonable questioning as follows: direct, cross-questioning, redirect, recross, and the like. After all parties have presented testimony, reasonable rebuttal, surrebuttal, and the like may be allowed at the discretion of the Hearing Officer.
(J) Should any issues, facts, data, or other evidence arise during the course of the public hearing, which were not apparent or reasonably foreseeable by a party from the request for site approval as filed with the County Clerk, the situation may constitute grounds for a recess in the public hearing for a period not to exceed five working days.
(K) The applicant and any participant may submit to the Hearing Officer a post-hearing brief, including proposed findings of fact and conclusions of law, no later than 30 days after conclusion of the public hearing.
(Ord. 24-0593, passed 5-14-2024)