All objections relating to acreage requirements, presumptions as to fair market value, the table of estimated ultimate population per dwelling unit or any other application of this chapter to a particular subdivision or planned development, shall first be referred to the Plan Commission for a hearing. An objection must be made, if at all, prior to the approval of the final plat of subdivision by the Village. A failure to object by such time shall constitute a waiver of the right to object to the provisions of this chapter. The procedure for a hearing before the Plan Commission shall be as follows:
A. Duties Of Plan Commission: The Plan Commission shall serve in an advisory capacity and shall have the following duties:
1. Advise and assist the Village in resolving objections regarding the table of estimated ultimate population per dwelling unit in section 9-6-24, exhibit C, of this chapter, the size of the school, park, fire/rescue and library sites in sections 9-6-2, 9-6-3, 9-6-4 and 9-6-5, respectively, of this chapter, the fair market value of the land used to calculate the cash contribution in subsection 9-6-6G of this chapter or any other application of this chapter to a particular subdivision or planned development.
2. The Village shall adopt procedural rules to be used by the Plan Commission in carrying out the duties imposed by this section.
B. Information And Services To Be Used: The Village shall make available to the Plan Commission all professional reports relating to the table of estimated ultimate population per dwelling unit, the size of the library, fire/rescue, park and school sites and the fair market value of land used in calculating these cash contributions. The Plan Commission may also retain the services of professionals (attorneys, appraisers, statisticians, etc.) to assist in its review of issues raised by any objection.
C. Procedure For Resolving An Objection:
1. Upon receipt of an objection, the Village Clerk shall place the same on the next regular meeting agenda of the Village Board. Thereafter the Village Board shall refer the objection to the Plan Commission which shall establish a hearing date.
2. The Plan Commission shall provide public notice of the hearing date to consider the objection and shall notify the Village Board and the affected library, fire protection and school districts by certified mail, return receipt requested, of the filing of the objection and of any hearing regarding same.
3. The objector shall publish notice of the hearing date once each week for three (3) consecutive weeks, at least thirty (30) days before, but no more than sixty (60) days before, the scheduled date of the hearing. Notice shall be published in a newspaper of general circulation within the corporate limits of the Village. The notice of public hearing shall not appear in the part of the paper where legal notices or classified ads appear. The notice shall not be smaller than one-fourth (1/4) page of a standard size or tabloid size newspaper. The objector shall send a copy of said notice to any person who has requested said notice by certified mail (stamped at a U.S. postal service facility showing the date of mailing) at least thirty (30) days prior to the hearing date.
4. The notice shall contain all of the following information:
a. The heading shall read: "Notice of public hearing on objection to application of ordinance requiring the dedication of park lands, library sites, fire/rescue sites or school sites or payment of the cash contributions in lieu thereof".
b. The date, time and location of the public hearing.
c. A statement that the purpose of the hearing is to consider the objection to a component of the application of this chapter requiring the dedication of park lands, library sites, school sites, or fire/rescue sites, or calculation of cash in lieu thereof.
d. A general description of the parcel(s), service area or areas within the Village that are the subject of the hearing.
e. A statement that the Village shall make available to the public, upon request, an easily understandable and detailed map of the parcel(s), service area or areas to which this chapter applies, and any other available information about the objection.
f. A statement that any member of the public affected by this chapter or the parcel(s) or service area shall have the right to appear at the public hearing and present testimony and/or evidence in support of or against the objection. (Ord. 915, 2-13-2003)
5. A public hearing shall be held for the consideration of the objection. In addition to the Village, any affected library district, school district, and fire/rescue provider shall be allowed to participate in such hearing as a party thereto to present evidence, cross examine witnesses and make arguments to the Plan Commission regarding the issues raised in the objection. The Plan Commission shall make a recommendation to adopt, reject in whole or in part, or modify the objection presented at the hearing, by written report to the Village, within sixty (60) days after the hearing. The Village shall then have at least sixty (60) but not more than one hundred twenty (120) days to approve, disapprove or modify, by ordinance, the findings in this chapter as it pertains to the development in question.
6. The administrative review law 1 shall apply to any and all challenges to this chapter and to any objections to or payments made under protest for impact fees paid pursuant to this chapter. (Ord. 1150, 11-19-2008)
D. Costs And Fees: The objector shall bear all costs of the hearing before the Plan Commission, including, but not limited to, attendance fees paid the Plan Commission members, publication costs, professional consultants and any other expenses of the Village. Failure to promptly pay costs which are billed shall be cause, at the option of the Village, to stay or defer any hearings, meetings or actions by the Village. (Ord. 1036, 5-24-2004)
Notes
| 1 | 1. 735 ILCS 5/3-101 et seq. |