A. Hearing: 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 planning and zoning commission for hearing. An objection must be made, if at all, prior to the approval by the village of the final plat. A failure to object by such time shall constitute a waiver of the right to object to the provisions of this chapter.
1. Duties Of The Planning And Zoning Commission: The planning and zoning commission shall serve in an advisory capacity and shall have the following duties:
a. Advise and assist the village in resolving objections regarding the table of estimated ultimate population per dwelling unit in subsection 11-7-3E of this chapter, the size of the park, school, municipal, and library sites in section 11-7-2 of this chapter, the fair market value of the land used to calculate the cash contribution in subsections 11-7-3B and C of this chapter, or any other application of this chapter to a particular subdivision or planned development.
b. The village shall adopt procedural rules to be used by the planning and zoning commission in carrying out the duties imposed by this chapter.
2. Professional Reports: The village shall make available to the planning and zoning commission all professional reports relating to the table of estimated ultimate population per dwelling unit, the size of the park and school sites, and the fair market value of land used in calculating these fees. The planning and zoning commission may also retain the services of professionals (attorneys, appraisers, statisticians, etc.) to assist them in their review of issues raised by any objection.
B. Procedure For Resolving An Objection:
1. Upon receipt of an objection, the village clerk shall place the same on the next regular agenda of the village board. Thereafter the village board shall refer the objection to the planning and zoning commission and by resolution establish a hearing date.
2. The planning and zoning commission shall provide public notice of the hearing date to consider the objection and shall notify affected school and park 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 of West Dundee. 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-quarter 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 at least thirty (30) days prior to the hearing date.
4. The notice shall contain all of the following information:
a. The headline shall read:
NOTICE OF PUBLIC HEARING ON OBJECTION TO APPLICATION OF ORDINANCE REQUIRING THE DEDICATION OF PARK LANDS, SCHOOL SITES, MUNICIPAL SITES, AND/OR LIBRARY SITES OR CALCULATION OF CASH 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 the ordinance requiring the dedication of park lands, school sites, municipal sites, library sites or calculation of cash in lieu thereof.
d. A general description of the 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 service area or areas to which the ordinance applies, and any other available information about the objection.
f. A statement that any member of the public affected by the ordinance or the service area or areas shall have the right to appear at the public hearing and present testimony and/or evidence in support of or against the objection.
5. A public hearing shall be held for the consideration of the objection. In addition to the village, any affected school, park district and library district shall be allowed to participate in such hearing as a party thereto to present evidence, cross examine witnesses and make arguments to the planning and zoning commission regarding the issues raised in the objection. The planning and zoning 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 or resolution, the findings in this chapter as it pertains to the development in question.
C. Costs And Fees: The objector shall bear all costs of a hearing before the planning and zoning commission, including, but not limited to: attendance fees paid the planning and zoning commission members, publication costs, professional consultants and any other expenses of the village. Before a hearing date is set the objector shall deposit with the village a ten thousand dollar ($10,000.00) escrow to cover these costs which shall be replenished monthly by the objector after payment of any outstanding expenses incurred by the village. (Ord. 89-04, 4-3-1989)