Objections to any formal action or decision made by the County Engineer concerning issuance of a permit or variance under this Ordinance can be appealed by the owner to the Transportation Committee of the McHenry County Board and adjudicated through an Appeal Hearing.
A. Appeal Hearing Request Requirements. Requests from the applicant for an Appeal Hearing by the Transportation Committee shall be made in writing to the County Engineer within thirty (30) calendar days of receipt of the County Engineer’s written variance decision, and must be accompanied by payment of an Appeal Hearing fee. If the written request and Appeal Hearing fee are not received within thirty (30) days, the applicant forfeits the right to an Appeal Hearing before the Transportation Committee.
B. Appeal Hearing Date and Notice. The Appeal Hearing shall, be conducted at a regularly scheduled Transportation Committee meeting with the Appeal Hearing date set by the Chairman of the Transportation Committee upon notification by the County Engineer. The date of the Appeal Hearing shall provide for sufficient notice and review time. The petitioners will be notified, in writing, of the date and time of the hearing no less than fifteen (15) days prior to the hearing. The hearing shall take place no later than sixty (60) days from receipt of the written request for an Appeal Hearing unless an alternate date is agreed to by the affected parties.
C. Appeal Hearing Proceedings.
1. The Appeal Hearing is formal, but strict rules of evidence will not be followed.
2. The Chairman of the Transportation Committee shall preside over and conduct the Appeal Hearing. All testimony provided during the Appeal Hearing shall be sworn and any documents, exhibits, etc. utilized in the Appeal Hearing shall be admitted into evidence and kept by the Committee. The meeting shall be open to the public and comply with all requirements of the Open Meetings Act including keeping a record of the proceedings. The hearing format shall generally consist of:
a. Identification of owner, his representatives and witnesses providing testimony and staff, staff representatives and staff witnesses providing testimony.
b. Comments by the public.
c. Owner’s evidence and witness testimony followed by cross examination by the Committee and staff.
d. Staff evidence and witness testimony followed by cross examination by the Committee and the owner.
e. Owner’s rebuttal of evidence presented by staff.
f. Closing statements by the owner and staff.
g. Closing of Appeal Hearing
h. Deliberation and decision by Transportation Committee
D. Decision by Transportation Committee.
1. The decision of the Transportation Committee shall be made in accordance with the testimony and evidence presented at the Appeal Hearing and shall take into account the standards of § 10.12.460D of this Ordinance in their decision.
2. The Transportation Committee decision shall be considered final under this Ordinance and shall be communicated in writing to the owner within thirty (30) calendar days. Minutes of the hearing and subsequent deliberations shall be provided to the owner and made available for public review In accordance with the Open Meetings Act.
(Ord. O-200811-82-068, passed 11-6-2008)