A. Creation: An oversight committee is hereby established to oversee the implementation and enforcement of the village's stormwater and floodplain regulations ordinance.
B. Members: The oversight committee shall consist of the then current citizen (not elected or appointed village trustees) members of the public works committee.
C. Request Of Additional Opinions: The oversight committee, when considering appeals or variances, may request an opinion from the county stormwater management director or the county's municipal engineers group (MEG).
D. Right To Appeal:
1. Any person directly aggrieved by any decision, order, requirement, or determination of the administrator made pursuant to an interpretation of a waiver ordinance shall have the right to appeal such action to the oversight committee. The applicant shall pay a deposit of one thousand one hundred dollars ($1,100.00) before any action on the application is taken. One hundred dollars ($100.00) of the deposit will be applied to administrative costs, and one thousand dollars ($1,000.00) will be applied to any additional costs of the appeal, including, but not limited to, professional fees such as the village engineer and/or village attorney. In the event the appeal is successful, the applicant shall be refunded the entire deposit.
2. Every applicant for an appeal shall notify the oversight committee in writing of the decision being appealed, which notice shall include a short, plain statement containing the reasons why the decision is being appealed and how the applicant has been directly aggrieved by the action taken.
3. Upon receipt of such a notice of appeal, the oversight committee shall set a date for a public hearing before the oversight committee. Such public hearing shall commence not fewer than fourteen (14) days nor more than sixty (60) days after the date on which a properly prepared notice of appeal was received. The applicant shall be promptly notified of the public hearing date.
4. The oversight committee shall decide the appeal within sixty (60) days after the conclusion of the public hearing. All decisions on appeals shall be in writing and shall include a statement of the reasons for the decision. The failure of the oversight committee to act within sixty (60) days shall be deemed to be a decision denying the appeal.
5. A party may appeal the decision of an oversight committee to the corporate authorities by filing a notice thereof with that body within fourteen (14) days after the date of decision by the oversight committee.
6. Within thirty five (35) days after receipt of a properly prepared and filed notice of appeal, the corporate authorities, shall, without further hearing, affirm, reverse, or modify the decision of the oversight committee. The failure of the corporate authorities to act within thirty five (35) days shall be deemed to be a final decision of that body denying the appeal and affirming the decision of the oversight committee. The decision of the corporate authorities shall in all instances be considered a final decision.
E. Public Hearings:
1. When the provisions of this chapter or the waiver community ordinance require a public hearing in connection with any application, petition, or appeal, the oversight committee shall, upon receipt of a properly completed application, petition, or notice, fix a reasonable time and place for such hearing; provided, however, that such hearing shall be commenced no later than sixty (60) days, and shall be concluded no later than one hundred twenty (120) days, following the submission of the subject application, or petition, unless hearing dates of the body are completely committed during that time.
2. All hearings shall be open to the public and shall be held before the oversight committee.
3. The oversight committee shall cause notice to be given of public hearings in the form and manner and to the persons herein specified. Such notice shall contain a description of the subject matter to be heard or considered at the hearing, the address or particular location of the subject development, and the time, place, and date of the hearing. The notice shall also contain a reference to the particular sections of the ordinance involved. Notice of every hearing shall be given by regular U.S. mail or personal delivery to the applicant or petitioner. Notice by mail shall be mailed no fewer than fourteen (14) days in advance of the hearing by regular U.S. mail, except as otherwise specifically provided in the ordinance. The oversight committee shall publish notice of the public hearing at least once, not less than fourteen (14) days before the date for the hearing, in a newspaper of general circulation in the geographic area where the property that is the subject of the hearing is located.
4. Any interested person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, and may submit documentary evidence; provided, however, that the oversight committee may exclude irrelevant, immaterial, or unduly repetitious evidence.
5. The applicant or petitioner, or any other party to the hearing, may be allowed any or all of the following rights:
To present witnesses on their behalf.
To cross examine all witnesses testifying in opposition to the application, petition, or appeal.
To examine and reproduce any documents produced at the hearing.
To a continuance, upon request, for the purpose of presenting evidence to rebut evidence introduced by any other person. In determining whether to grant or withhold such rights, the discretion of the oversight committee shall be governed by the goal of securing all information and opinion relevant and material to its deliberations. Such rights shall not be granted, however, when undue and unwarranted delay would result or when to do so would tend to produce no new evidence to aid the hearing body in reaching its decision.
6. The oversight committee may at any time, on its own motion or at the request of any person, adjourn the hearing for a reasonable time and to a fixed date, time, and place, for the purpose of giving further notice, taking further evidence, gathering further information, deliberating further, or for such other reason as the oversight committee may find sufficient. Proper notice of such a recess shall be given to all parties to the hearing, and any other person designated by the oversight committee.
7. All testimony at every hearing shall be given under oath.
8. All other matters pertaining to the conduct of hearings shall be governed by the provisions of this chapter or the waiver community ordinance pertaining to, and the rules promulgated by, the oversight committee.
9. The decision or recommendation of the oversight committee shall be in writing and shall include findings of fact specifying the reasons for the decision. The copy of the written decision shall be provided to the applicant or petitioner and transmitted to the corporate authorities. (Ord. 2014-10-32, 10-16-2014)