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2003-031ORDINANCE NO. 2003- 31 AN ORDINANCE ADOPTING RULES FOR PUBLIC HEARINGS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois of 1970; and WHEREAS, the Illinois Supreme Court has held in Klaeren v. Village of Lisle, 202 111. 2d 164 (2002) that municipal bodies act in administrative or quasi-judicial capacities when those bodies conduct zoning hearings concerning a special use petition and therefore a public hearing on a special use must be conducted in a manner which meets the due process rights of the applicant and other interested persons, including but not by way of limitation, the right of cross - examination and the right to present witnesses; and WHEREAS, the Village has traditionally applied an inclusive approach to public testimony, but in light of recent court findings the Village is taking appropriate actions to further improve its hearing procedures and ensure due process rights to all parties. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. The Village of Buffalo Grove "Rules for Public Hearing" attached hereto as Exhibit A are hereby adopted. These Rules for Public Hearing shall act as a guideline for the Village's Planning Commission and Zoning Board of Appeals in their conduct of public hearing regarding zoning matters. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. This ordinance shall not be codified. AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn NAYES: 0 - None ABSENT: 0 - PASSED: April 21 , 2003. APPROVED: APPROVED: Village President ATTEST: Village Clerk 2003. 8. In addition to the Petitioner, any person may appear and participate at the hearing. 9. Every person participating shall identify themselves for the record, either orally or in writing, and indicate if they are represented by an attorney. Any person participating, other than the Petitioner, shall be referred to in these rules as Interested Person. 10. The examination of a witness shall not be used by the questioner to offer testimony or evidence of the questioner. 11. All persons offering testimony at a hearing shall testify under oath. An attorney shall be sworn if he or she offers testimony but not if he or she is questioning witnesses, summarizing testimony of witnesses, or addressing the public body. 12. The order of presentation of evidence at a public hearing shall generally be as follows, but may be modified as determined appropriate by the Chair: a. Identification of Petitioner and Interested Persons. b. Submittal of proof of notice. c. Testimony and other evidence by Petitioner. d. Public body examination of Petitioner's witnesses and other evidence. e. Cross - examination of Petitioner's witnesses and other evidence by Interested Persons. f. Testimony and other evidence by Interested Persons'. g. Public body examination of Interested Persons' witnesses and other evidence. h. Cross - examination of Interested Persons' witnesses and other evidence by Petitioner. i. In some cases re- examination may be allowed. j. Report by Village staff, if any. k. Summary /Closing by Petitioner. 1. Summary /Closing by Interested Persons. m. Rebuttal/Closing by Petitioner. 13. At the conclusion of an evidentiary portion of the public hearing, the public body may, among other actions, move to deliberate its decision on the evidence presented, or continue the hearing to a date, time and location certain. 14. A written decision shall be prepared which shall include findings of fact and the public body's recommendation or decision based upon the record. ls. These Rules for Public Hearing may be amended by vote of a majority of the Corporate Authorities. Public hearing rules 3/24/03 3 COMMENTS ON RULES FOR PUBLIC HEARING Comments On October 18, the Illinois Supreme Court issued its opinion in the case of Klaeren v. Village of Lisle, 202111.2d 164 (2002). Among the significant holdings of the Court in Klaeren was that municipal bodies act in administrative or quasi-judicial capacities when those bodies conduct zoning hearings concerning a special use petition. The rationale of the Court implies that this ruling will likely be extended to other site - specific land use decisions, such as variations. In light of this holding, the land use public hearing must be conducted in a manner which meets the due process rights of the applicant and other interested persons. The hearing will include, but is not limited to, the right of cross - examination and the right to present witnesses. The purpose of these comments and the following rules is to guide the Village in the conduct of public hearing related to administrative or quasi- judicial site - specific land use approvals, including special uses, variations, rezoning and planned unit developments in light of Klaeren. As an alternative, a hearing officer could be used to conduct the evidentiary portion of the hearing and, if permitted pursuant to Village ordinances, render recommendations or decisions. These Rules are intended to be supplemental to, and should be coordinated with the provisions of Village ordinances. A "public hearing" is a formal proceeding mandated by law for the purpose of taking evidence with a view to formulating a decision or recommendation on an issue within the jurisdiction of the public body. A "public hearing" is distinguished from a "meeting" in that all hearings are meetings, but not all meetings are hearings. Public hearings are held in cases of applications for special use permits, planned unit developments, and other matters, as required by law. Notice requirements for a public hearing are found in State law and Village ordinances. Care should taken to ensure that notice is given in a timely manner consistent with statutory and ordinance requirements. Although courts have indicated that there may be some discretion to restrict the class of persons eligible to take part in the public hearing, it is recommended that any person so desiring be allowed to participate in the matter. RAYSACWZIMMERMANN, A T T O R N E Y S A T L A RUSSELL M. BARNETT �''J WILLIAM G. RAYSA March 27, 2003 RICHARD D. SKELTON JOHN J. ZIMMERMANN MICHAEL F. ZIMMERMANN ELENA B. PENICK Mr. William Balling Village Manager ERWIN W. JENTSCH 50 Raupp Blvd. Buffalo Grove, IL. 60089 DELBERT L. ULREICH Dear Mr. Balling LTD. W RE: Post - Klaeren Zoning Procedures and Fees The Illinois Supreme Court in Klaeren v. Village of Lisle, 202 Ill. 2d 164 (2002) recently addressed the issue of whether decisions by legislative bodies in relation to special uses should be treated as legislative or administrative. After first noting that Illinois courts have always viewed these types of decisions as legislative, the Supreme Court reversed this precedent by holding "that municipal bodies act in administrative or quasi - judicial capacities when those bodies conduct zoning hearings concerning a special use petition." The Court went on to hold that since special use hearings were to be viewed as an administrative process that objectors had certain rights to confront and cross - examine witnesses. Shortly after the Klaeren decision, the Second District Appellate Court handed down its decision in Gallik v. County of Lake, 335 Ill. App. 3d 325 ( 2002). The Appellate Court held that the Lake County Board's action in the denial of a conditional use permit was an administrative action subject to the Illinois Administrative Review Act. I would like to point out at least three differences between a legislative decision and an administrative decision: (i.) that a legislative zoning decision is tried "de novo" in a court of law rather than on the record , (ii.) that proceedings under the Illinois Administrative Review Act are limited to the record of the administrative body and (iii.) that the record under administrative review must include findings of fact and conclusions. In response to the Klaeren and Gallik decisions the Village formed an Integrated Management Team (IMT) to review the impact upon the Village of these two decisions. In addition, the Village Board, upon the passage of Ordinance No. 2003- 02, also directed the IMT to comprehensively address fees and hearing procedures. What follows, for your review, are the IMT's suggestions for possible actions to be taken by the Village. 115 CAMPBELL STREET GENEVA, ILLINOIS 60134 22 SOUTH WASHINGTON AVENUE PARK RIDGE, ILLINOIS 60068 630- 232 -9363 T: 847 - 434 -0200 F: 847 - 434 -0164 Mr. William Balling RAYSA�ZIMMERMANN, LTD. March 27, 2003 ATTO R N EYS AT LAW Page 2 PUBLIC HEARINGS CHART The Integrated Management Team first looked at the types of public hearings conducted by the Village (excluding certain public hearings such as Appropriation Ordinance, Truth In Taxation, etc.) The chart attached as Enclosure #1 was developed not only to list the types of public hearing but also to set forth the existing Village Code and Illinois statutory requirements as to each different type of public hearing. Included were not only zoning public hearings but also fence code, sign code and development ordinance hearings. RULES FOR PUBLIC HEARINGS AND COMMENTS ON RULES In response to Klaeren, it was strongly suggested that rules be developed to guide the Plan Commission and Zoning Board of Appeals in the conduct of public hearings. Enclosure #2 to this letter is a proposed ordinance which would adopt a set of rules for conducting public hearings. Also attached are Comments On Rules For Public Hearing to help better explain not only the need for the rules but the difference between a public hearing and a meeting. Section 1 in the ordinance provides that the rules shall act as a guideline for the Village's Planning Commission and Zoning Board of Appeals in their conduct of public hearings regarding zoning matters. ZONING FEES AND RECOVERY OF COSTS As part of the review process it was noted that there may be some instances where a court reporter might be necessary at a public hearing. Discussion then ensued as far as recovery of the costs of not only the court reporter's fees but also other costs associated with the zoning review process. Attached as Enclosure #3 is an ordinance adding a new Chapter 3.06 entitled Zoning Fees to our Municipal Code and also amending Chapter 3.04, Waiver of Fees. It is proposed that this ordinance would be effective for any zoning petition filed on May 1, 2003 or thereafter. Section 3.06.020 of the enclosed ordinance sets forth filing fees for variations by the Zoning Board of Appeals and separates the fees by different categories. Section 3.06.030 readjusts filing fees for petitions reviewed by the Plan Commission. Section 3.06.040 is entitled Recovery of Village Costs. This section proposes that the Village be reimbursed for its expenses related to certain public hearings and the processing of zoning petitions with single family variations being specifically excluded. Several of the listed recoverable costs include: 1. Newspaper public hearing notices, 2. Court Reporter fees, including the cost of transcripts, 3. Professional and technical consultant services, 4. Village attorney fees Mr. William Balling March 27, 2003 Page 3 RAYSA ZIMMERMANN, LTD. A T T O R N E Y S AT L A W 5. Mailing costs, 6. County recording fees, 7. Proof of ownership title searches. Upon the filing of a zoning petition, the owner /developer would execute the Village "Recovery of Village Costs" form (Enclosure # 4) thereby acknowledging that he /she is responsible for payment of certain Village costs. An initial deposit of $2,000.00 would be made by the developer into a Village controlled escrow. Payments would then be made out of the escrow to pay /reimburse invoices to the Village. If recoverable costs are anticipated to exceed the initial escrow deposit the developer would be notified by the Village to deposit additional funds into the escrow. As an example of one of the recoverable costs I will use the Prestige Leasing public hearing. This public hearing lasted approximately 5' /z hours over two nights. If a court reporter had been employed for this public hearing and prepared one transcript and one copy the cost would have been around $2,950.00. Section 3.06.040.G. provides that final approval of any zoning action is contingent upon the payment of all recoverable fees. Since the Village may deem it necessary, for purposes such as economic development or annexation, to not impose any or all of the fee requirements of the recoverable costs section of the ordinance, a specific provision has been inserted at Section 3.04.010 of the Municipal Code to allow the Corporate Authorities to waive the requirements of this section. The IMT believes that each waiver request be documented, and again, related to the furtherance of a strategic objective of the Village. FORMAT FOR PLAN COMMISSION PUBLIC HEARING In addition to the new suggested Rules For Public Hearing and based on the new requirements of allowing cross - examination at a public hearing, the IMT has developed a format or script for the Plan Commission Chairman that sets forth a structure for the conduct of the hearing. This procedural guide for the Chairperson is attached as Exhibit #5. This guide tracts the order of the public hearing as set forth in the Rules. The guide is a work in progress and is currently being used by the Plan Commission Chairman in public hearings. CERTIFICATIONS AND AFFIDAVITS In order to make a more complete record at a public hearing certain standardized forms were developed for the Village. Exhibit #6 sets forth the following forms; Mr. William Balling RAYSA�Z[MMERMANN, LTD. March 27, 2003 A T T O R N E Y S AT L A W Page 4 1. Certification of Mailing List — a developer would normally sign this form and attach the names and addresses of those property owners within 250 feet of the property which is the subject of the public hearing. 2. Certification of Fence Variation Mailings — since the Fence Code has different notice requirements than the Zoning Code a separate form has been developed. 3. Affidavit of Proof of Service — this form is to ensure that the appropriate surrounding property owners have been notified of the public hearing. The Integrated Management Team is available to answer any questions. As a side note, I recently gave a briefing to the Plan Commission of the impact of the Klaeren and Gallik decisions. I am scheduled to give the same briefing to the Zoning Board of Appeals at its next meeting. Very truly yours, RAYSA & ZIMMERMANN, LTD. William G. Raysa Enclosures cc: William Brimm Ghida Neularch Ed Schar Bob Pfeil Greg Summers Exhibit # 1 VILLAGE OF BUFFALO GROVE Public Hearings at Village Board, Plan Commission & Zoning Board of Appeals X = Required 0 = Not required AN =As needed Right of Cross - Village Code Mailed Newspaper Court examination Findings of Type of Public Hearing Chapter /Section Notification Notice Reporter (see Note #1) Fact Ordinance Special Use (including zoning Chapter 17.28 X X AN Allowed X X ordinance variation) Planned Unit Development (PUD) Chapter 17.28 X X AN Allowed X X (including zoning ordinance variation) Zoning Ordinance Variation by ZBA Section 17.52.040 X X AN Allowed X 0 Zoning Ordinance Variation'by Section 17.52.050 X X AN Allowed X X Village Board Sign Code Variation Chapter 14.44 X X 0 Allowed X X Fence Code Variation Section 15.20.110 X X 0 Allowed 0 0 Development Ordinance Section 16.20.020.G X X 0 Allowed 0 X Preliminary Plan Development Ordinance Section 16.10.050 X X 0 Allowed 0 X Variation /Exceptions Zoning Ordinance Text Amendment Chapter 17.64 0 X AN Allowed X X Rezoning Chapter 17.64 X X AN Allowed X X Sign Variation in B -5 Zoning District Section 17.44.060.E.6. X X AN Allowed X X Annexation Agreement 65 ILCS 5111- 15.1 -3 0 X AN Allowed 0 X Development Ordinance Text Amendment Chapter 16.10 0 X 0 Allowed X X Note #1: Illinois Supreme Court Rule 323, Report of Proceedings, provides in Subsection (c), Bystander's Report, that if no verbatim transcript of the evidence of the proceedings is available a report of proceedings may be prepared from the best available sources including recollection, audiotape, videotape or other recording. Such material may be transcribed for use in preparation of a bystander's report. G:NILL_MGR\PFEIL% Development _Review\Hearings\Public Hearings Chart_3- 5- 2003_A.doc Exhibit # 2 ORDINANCE NO. 2003- AN ORDINANCE ADOPTING RULES FOR PUBLIC HEARINGS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois of 1970; and WHEREAS, the Illinois Supreme Court has held in Klaeren v. Village of Lisle, 202 Ill. 2d 164 (2002) that municipal bodies act in administrative or quasi-judicial capacities when those bodies conduct zoning hearings concerning a special use petition and therefore a public hearing on a special use must be conducted in a manner which meets the due process rights of the applicant and other interested persons, including but not by way of limitation, the right of cross - examination and the right to present witnesses; and WHEREAS, the Village has traditionally applied an inclusive approach to public testimony, but in light of recent court findings the Village is taking appropriate actions to further improve its hearing procedures and ensure due process rights to all parties. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. The Village of Buffalo Grove "Rules for Public Hearing" attached hereto as Exhibit A are hereby adopted. These Rules for Public Hearing shall act as a guideline for the Village's Planning Commission and Zoning Board of Appeals in their conduct of public hearing regarding zoning matters. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. This ordinance shall not be codified. AYES: NAYES: ABSENT: PASSED: APPROVED: APPROVED: Village President ATTEST: Village Clerk 2003. 2003. EXHIBIT A VILLAGE OF BUFFALO GROVE, ILLINOIS Rules for Public Hearing 1. All hearings of the Village shall be subject to the Illinois Open Meetings Act. 2. The Chair may take such actions as are required to maintain an orderly and civil hearing. 3. The Chair may impose reasonable limitations on evidence or testimony presented by persons and parties, such as time limits and barring repetitious, irrelevant or immaterial testimony. Time limits, if imposed, shall be fair, generous and equally administered. The public body shall not be bound by strict rules of evidence; however, irrelevant, immaterial, or unduly repetitious evidence shall not be admissible. The Chair shall rule on all questions related to the admissibility of evidence, which ruling may be overruled by a majority of at least a quorum of the public body. The Chair may impose reasonable conditions on the hearing process based on the following factors: a. The complexity of the issue. b. Whether the witness possesses special expertise. c. Whether the testimony reflects a matter of taste or personal opinion or concerns a disputed issue of fact. d. The degree to which the witness's testimony relates to the factors to be considered in approving or denying the proposal e. Such other factors appropriate for the hearing. 4. Proof of lawful notice shall be introduced into evidence before the public body by the Village. 5. A record of the proceedings shall be made. The Village may require the record to be prepared by a certified court reporter at the expense of the party initiating the action. ( "Petitioner "). The public body may require the Petitioner to deposit funds sufficient to defray the cost of such recording and transcription, if directed. The preparation of a record in the case of an appeal shall be paid for in accordance with law. A copy of any transcript prepared shall be filed with the public body. 2 6. At a public hearing, a Petitioner may appear on his or her own behalf or may be represented by an attorney. 7. The Village shall be a party in every proceeding, and need not file a formal appearance. g. In addition to the Petitioner, any person may appear and participate at the hearing. 9. Every person participating shall identify themselves for the record, either orally or in writing, and indicate if they are represented by an attorney. Any person participating, other than the Petitioner, shall be referred to in these rules as Interested Person. 10. The examination of a witness shall not be used by the questioner to offer testimony or evidence of the questioner. 11. All persons offering testimony at a hearing shall testify under oath. An attorney shall be sworn if he or she offers testimony but not if he or she is questioning witnesses, summarizing testimony of witnesses, or addressing the public body. 12. The order of presentation of evidence at a public hearing shall generally be as follows, but may be modified as determined appropriate by the Chair: a. Identification of Petitioner and Interested Persons. b. Submittal of proof of notice. c. Testimony and other evidence by Petitioner. d. Public body examination of Petitioner's witnesses and other evidence. e. Cross - examination of Petitioner's witnesses and other evidence by Interested Persons. f. Testimony and other evidence by Interested Persons'. g. Public body examination of Interested Persons' witnesses and other evidence. h. Cross - examination of Interested Persons' witnesses and other evidence by Petitioner. i. In some cases re- examination may be allowed. j. Report by Village staff, if any. k. Summary /Closing by Petitioner. 1. Summary /Closing by Interested Persons. m. Rebuttal/ Closing by Petitioner. 13. At the conclusion of an evidentiary portion of the public hearing, the public body may, among other actions, move to deliberate its decision on the 3 evidence presented, or continue the hearing to a date, time and location certain. 14. A written decision shall be prepared which shall include findings of fact and the public body's recommendation or decision based upon the record. 15. These Rules for Public Hearing may be amended by vote of a majority of the Corporate Authorities. Public hearing rules 324103 4 COMMENTS ON RULES FOR PUBLIC HEARING Comments On October 18, the Illinois Supreme Court issued its opinion in the case of Klaeren v. Village of Lisle, 202 111. 2d 164 (2002). Among the significant holdings of the Court in Klaeren was that municipal bodies act in administrative or quasi - judicial capacities when those bodies conduct zoning hearings concerning a special use petition. The rationale of the Court implies that this ruling will likely be extended to other site - specific land use decisions, such as variations. In light of this holding, the land use public hearing must be conducted in a manner which meets the due process rights of the applicant and other interested persons. The hearing will include, but is not limited to, the right of cross - examination and the right to present witnesses. The purpose of these comments and the following rules is to guide the Village in the conduct of public hearing related to administrative or quasi-judicial site - specific land use approvals, including special uses, variations, rezoning and planned unit developments in light of Klaeren. As an alternative, a hearing officer could be used to conduct the evidentiary portion of the hearing and, if permitted pursuant to Village ordinances, render recommendations or decisions. These Rules are intended to be supplemental to, and should be coordinated with the provisions of Village ordinances. A "public hearing" is a formal proceeding mandated by law for the purpose of taking evidence with a view to formulating a decision or recommendation on an issue within the jurisdiction of the public body. A "public hearing" is distinguished from a "meeting" in that all hearings are meetings, but not all meetings are hearings. Public hearings are held in cases of applications for special use permits, planned unit developments, and other matters, as required by law. Notice requirements for a public hearing are found in State law and Village ordinances. Care should taken to ensure that notice is given in a timely manner consistent with statutory and ordinance requirements. Although courts have indicated that there may be some discretion to restrict the class of persons eligible to take part in the public hearing, it is recommended that any person so desiring be allowed to participate in the matter. Exhibit # 3 ORDINANCE NO. 2003- AN ORDINANCE ADDING CHAPTER 3.069 ZONING FEES, AND AMENDING CHAPTER 3.04, WAIVER OF FEES, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; WHEREAS, various costs are incurred by the Village in the processing of petitions and applications for zoning amendments, variations, special uses, exceptions, development ordinance matters, holding public hearings, newspaper notice(s), court reporters and attorneys fees; and WHEREAS, it is necessary that the Village recover the costs of processing said petitions and applications. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. Chapter 3.06 is hereby added to the Village of Buffalo Grove Municipal Code, read as follows: Chapter 3.06 ZONING FEES 3.06.010 Payment of Fees. The fees as set forth in this Chapter shall be paid to the Village in conjunction with the processing of any zoning petition or application. 3.06.020 Filing Fees for Variations By The Zoning Board of Appeals. A. All One and Two Family Dwellings: 1. Variations for principal structures $125.00 2. Variations — other than principal structures $ 75.00 B. All Multiple- Family Dwellings: 1. Variations for principal structures $175.00 2. Variations — other than principal structures $125.00 C. All Business, office/Research and Industrial Buildings: 1. Variations for principal structures $175.00 2. Variations - other than principal structures $125.00 D. To appeal a decision of the Building Commissioner $175.00 3.06.030 Filing Fees For Petitions Reviewed By The Plan Commission A. Special Uses 1. Property in R -E through R -7 Districts $100.00 2. Property in all other districts $200.00 B. Planned Unit Development (PUD) 1. Amendment $100.00 2. New development $200.00 C. Rezoning or variation (if not part of a petition for Special Use or PUD) $200.00 D. Zoning text amendment $100.00 E. Concept/Preliminary Plan Review (pursuant to Development Ordinance, Section 16.20.020.B) Sites five (5) acres or less $150.00 2. plus $25.00 per acre or fraction of an acre for sites larger than five acres F. Engineering Review (calculated for each development pursuant to Development Ordinance, Section 16.20.020.F.) 3.06.040 Recovery of Village Costs. A. Established: Except as set forth in subsection 3.060.040.11., every petition filed and processed pursuant to Title 17 of the Village Municipal Code that requires the Village to incur third party costs or expenses, including, without limitation, legal fees incurred by the office of the Village Attorney or any attorney or firm retained by the Village, shall be subject to the requirements set forth in this Section. The recovery of Village costs shall be in addition to any and all other filing fees and other charges established by the Village. For purposes of the Section, the word "petition" shall be deemed to include and refer to any and all petitions and applications filed or processed pursuant to Title 17. B. Responsibility for Payment: The owner of the property that is the subject of the petition and, if different, the petitioner, shall be jointly and severally liable for the payment of recoverable costs, and for the establishment of the recoverable cost escrow. By signing the petition, the owner or petitioner shall be deemed to have agreed to pay, and to have consented to payment of recoverable costs, plus any costs of collection, that have not been paid 2 within 30 days following the mailing of a written demand for payment to the owner or petitioner at the address set forth on the petition, including any additional recoverable costs assessed under Subsection 3.060.040.D.3. Any lien filed pursuant to this Subsection may be foreclosed in the manner provided for mortgages or mechanics liens under Illinois law. C. Recoverable Costs: The recoverable costs incurred by the Village in processing a petition shall include, but not by way of limitation, the following items: I. Publication of notices; 2. Court Reporter, including the cost of two transcripts; 3. Professional and Technical Consultant Services; 4. Village Attorney, or other Village retained attorney or law firm, consultation, meeting attendance, document preparation, advice, and review; 5. Copy reproduction; 6. Document recordation; 7. Mailing costs; and 8. Proof of ownership title searches. D. Payment of Recoverable Costs and Recoverable Cost Escrow. 1. Initial Payment and Recoverable Cost Escrow. Every petition shall be accompanied by the required filing fee plus an advance estimate in the amount of $2,000.00 of recoverable costs, to be deposited in the recoverable cost escrow account established by the Village. No interest shall be payable on any funds retained in such escrow account. 2. Charges Against Recoverable Cost Escrow. From the date of filing any petition, the Village shall maintain an accurate record of the actual costs of processing the petition. The Village shall, from time to time, draw funds from the recoverable cost escrow account established for the petition to pay such actual costs and shall transfer the funds to the appropriate Village accounts. The Village shall maintain an accurate record of all the drawings from the escrow account. 3. Additional Recoverable Cost Escrow Deposits. Should the Village , at any time, determine that the recoverable cost escrow account established in connection with any petition is, or is likely to become, insufficient to pay the actual costs of processing the petition, the Village shall provide notice of the insufficiency to the owner or petitioner and demand an additional deposit to be sufficient to cover current and foreseeable additional costs. If the additional deposit is not provided to the Village within 15 days of written notice and demand to the owner or petitioner, the Village may suspend or terminate the processing of the petition. 4. Final Settlement. As soon as reasonably feasible following final action on a petition, the Village shall prepare a final accounting of the 3 recoverable cost escrow deposits made in connection with the petition and of the actual cost of processing the petition and shall make a final charge of the actual costs against the recoverable cost escrow deposits. A copy of the accounting shall be provided to the owner and the petitioner. Insufficient Amounts; Reimbursement. If the amount in the recoverable cost escrow account is insufficient to pay the total actual costs, a written demand for payment of the balance due shall be mailed to the owner and the petitioner. Any remaining funds in the recoverable cost escrow account after payment of the total actual costs due shall be returned to the owner or petitioner, as applicable. E. Condition of All Petitions, Approvals, and Permits. No petition filed pursuant to Title 17 shall be considered complete unless and until all filing fees and deposits due pursuant to this Chapter have been paid. Every approval granted and every permit issued pursuant to Title 17 shall, whether or not expressly so conditioned, be deemed to be conditioned upon payment of recoverable costs as required by this Section. F. Tolling Time Periods. Where Title 17 provides that the passage of time without decision or action shall be deemed an approval or a recommendation for approval, time periods shall be tolled during any period of non - payment of the recoverable costs and deposits due pursuant to this Section. G. Failure to Pay Recoverable Costs. The failure to pay in full when due any recoverable cost or deposit required under this Section shall be grounds for refusing to process a petition and for denying or revoking any permit, or approval sought or issued with respect to the land or development to which the unpaid recoverable cost or deposit relates. H. Exemptions. The provisions of Section 3.06.040 shall not apply to any petition filed pursuant to Section 3.06.020.A. Section 2. Subsection B. of Section 3.04.010 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: 3.04.010 Authorized B. There shall be no waiver of fees and/or charges which are required to be charged and collected pursuant to Sections 13.04.320.F.2. and F.3. Section 3. Subsection D. is added to Section 3.04.010 of the Village of Buffalo Grove Municipal Code, to read as follows: 3.04.010 Authorized D. The Corporate Authorities may at their discretion waive any or all fees due the Village. Section 4. Village Ordinance No. 83 -44 entitled Zoning Fees and Village Ordinance No. 2003 -2 entitled an Ordinance Providing For Public Hearing Zoning Deposits are hereby repealed. Section 5. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 6. Any person violating any portion of this ordinance shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 7. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. This ordinance shall be applicable to all zoning petitions and applications filed with the Village on May 1, 2003 and thereafter. This ordinance shall be codified. AYES: NAPES: ABSENT: PASSED: , 2003. APPROVED: , 2003. PUBLISHED: 12003. APPROVED: ATTEST: Village Clerk Fee Ordinance 324/03.doc 5 Village President Exhibit # 4 VILLAGE OF BUFFALO GROVE RECOVERY OF VILLAGE COSTS Recoverable Costs During the course of reviewing and processing development applications, the Village of Buffalo Grove often incurs expenses for third party costs or expenses. In order to efficiently process zoning applications, every filed petition is subject to certain costs and expenses ( "Recoverable Costs ") that are placed in a Village escrow account ( "Recoverable Cost Escrow "), as provided in Chapter 3.06 of the Buffalo Grove Municipal Code. Recoverable Costs are in addition to any and all other filing fees and other charges established by the Village. The initial Recoverable Cost Escrow deposit shall be in the amount of $2,000 and is due at the time of filing the Zoning Petition. The following items denote some of the costs incurred by the Village in processing a petition that would be deducted from the Recoverable Cost Escrow: ❑ Publication of notices ❑ Court Reporter, including the cost of two transcripts ❑ Professional and technical consultant services ❑ Document recordation ❑ Mailing costs ❑ Village Attorney, or other Village retained attorney or law firm, consultation, meeting attendance, document preparation, and review. ❑ Copy reproduction ❑ Proof of ownership title searches Process ❑ Every petition must be accompanied by the required petition fee and the initial deposit to the Recoverable Cost Escrow. ❑ Following final action on a petition, a final accounting will be made and any remaining funds in the Recoverable Cost Escrow after payment of the total actual costs due will be returned to the owner or petitioner. ❑ In cases where the Recoverable Costs exceed the original deposit, Village staff will notify the petitioner and request additional funds. Such funds will be forwarded to the Finance Department and added to the Recoverable Cost Escrow. The Village shall maintain an accurate record of all drawings from the Recoverable Cost Escrow. ❑ Failure to pay any portion of the Recoverable Costs or replenish the Recoverable Cost Escrow within 15 days of written notice, shall be grounds for refusing to process a petition and for denying or revoking any permit. Petitioner Agreement By signing below, the owner or petitioner acknowledges that they are subject to all of the provisions contained in Chapter 3.06 of the Buffalo Grove Municipal Code and agrees to pay, and to have consented to, (i) the Recoverable Costs, (ii) any costs of collection that have not been paid within 15 days following a written demand for payment to the owner or petitioner, and (iii) any additional Recoverable Costs assessed. No petition filed shall be considered complete unless and until all costs and deposits have been paid. Every approval granted and every permit issued, whether or not expressly so conditioned, shall be deemed to be conditioned upon payment of Recoverable Costs as required pursuant to Village ordinance. Applicant: Applicant Signature: Mailing Address: FABuffalo Grove\Public HearingUtecoverable Costs Form13- 21 -03doc Date 3/25/03 Exhibit 1 5 FORMAT FOR PLAN COMMISSION PUBLIC HEARING (Script and procedural guide for Chairperson) 1. Call to Order 2. Roll Call 3. Read the "Subject" ofHearingfrom the Notice Note: There is no legal requirement to read the notice of hearing, nor is it necessary to read the entire notice. To inform the public about the petition, it is suggested that the "subject" of the hearing be read from the notice, as well as commonly known address and location of the property. 4. READ: " The Secretary has the Certificate of Publication from the newspaper, and the Notice of Hearing has been mailed as required to owners of property adjacent to the subject site of this hearing." 5. Statement of Chairperson: (If ivorkshops have been held): READ: "In previous workshop sessions with the petitioner, the Plan Commission has had the opportunity to review and comment concerning the proposed plan." READ: "The purpose of the public hearing is to allow the petitioner to formally present the proposed plan to the Plan Commission and to provide the public its right to observe and comment concerning the proposal." "The Plan Commission is a fact - finding body with the responsibility to make an advisory recommendation to the Village Board. The Plan Commission does not grant final approval to a petitioner." "Certain local public agencies have been informed of the petitioner's proposal. These agencies may present statements during the hearing." "' I'he Plan Commission members may ask questions or make comments concerning the proposal." "After the questions and comments by the Plan Commissioners, persons in attendance will be given the opportunity to ask questions, make comments, present evidence and cross - examine." "After all testimony is completed, the public hearing will be closed. The Commission will then begin the Regular (or Special) meeting to consider a recommendation to the Village Board. No additional testimony will be allowed during the regular meeting." R• , 3/25/03 2 "The meeting will be suspended at 11:00 PM unless the Plan Commission decides to extend the meeting. Any matters not concluded will be continued to the next Regular (or Special) meeting or deferred to a future meeting date." "Everyone in the hearing room with cell phones or pagers should set these devices to `off or `silent mode'." "The order of presentation of evidence will generally be as follows ": A. Testimony by petitioner's witnesses B. Testimony by public agencies C. Commission questions and examination of petitioner's witnesses D. Cross - examination of petitioner's witnesses by interested parties E. Testimony by interested persons' witnesses F. Commission questions and examination of interested persons' witnesses G. Petitioner's cross - examination of interested parties H. In some cases re- examination will be allowed I. Written report by Village staff (introduce as an exhibit(s)) J. Summary and rebuttal by petitioner K. Summary and rebuttal by interested persons L. Public comments and questions M. Rebuttal and closing by petitioner 6. The Hearing A. Swear in witnesses: Each person should state their: Name, Title, Affiliation, Business Address Administration of oath: "Do you swear that in the testimony you are about to give, you will state the truth, the whole truth, and nothing but the truth ?" NOTE: Petitioner and experts should refer to plans, documents and other materials as Exhibits, and each item should be identified by a number or letter, date and title or description B. Testimony by public agencies 1. School Districts 2. Park District 3. Fire Protection District 4. Other C. Plan Commission questions and comments 3/25/03 3 D. Cross - examination of petitioner's witnesses by interested persons Ground rules to be followed: READ: "Cross- examination must be relevant to the subject matter of the petition. The right of cross - examination only applies to those individuals who have presented testimony." E. Testimony by interested persons and witnesses F. Commission questions and examination of interested persons and witnesses G. Petitioner cross - examination of interested persons and witnesses H. Possible re- examination I Enter Village staff report as an exhibit J Summary and rebuttal by petitioner K Summary and rebuttal by interested persons L Public comments and questions The order of public comments will be: 1. Representative of a group or individual 2. Individuals Guidelines for speakers: READ: "Please come to the microphone at the podium and state your name and address, and whether you represent anyone. If you will be presenting formal testimony, please wait to be sworn in." M Additional comments or questions; responses by the petitioner to specific questions or comments. N. If there are no further comments or questions, close the public hearing. (The hearing may be continued if necessary.) Exhibit # 6 CERTIFICATION OF MAILING LIST I) , do hereby certify that the list attached hereto as Exhibit "A" contains the names and last known addresses, of all property owners within 250 feet in each direction of the property commonly known as , Buffalo Grove, Illinois which property is legally described on the attached Exhibit «B„ Signature Printed or typed name Address: \certification 2/14/03 Date CERTIFICATION OF FENCE VARIATION MAILINGS L , do hereby certify that the list attached hereto as Exhibit "A" contains the names and last known addresses, of all contiguous property owners of the property commonly known as , Buffalo Grove, Illinois which property is legally described on the attached Exhibit `B ". Signature Printed or typed name Address: \fence certification 2/14/03 Date I, states as follows: 1. I am the Illinois. AFFIDAVIT OF PROOF OF SERVICE being first duly sworn on oath, deposes and of the Village of Buffalo Grove, 2. On ,200_, I sent by first class mail, postage prepaid, to each of the persons listed on Exhibit "A" attached hereto, a true and correct copy of the Notice attached hereto and marked Exhibit `B ". Signature Subscribed to and Sworn to before me this day of , 200_. Notary Public rzdata \buffalo grove \public hearing \proof of service 2/5/03 Date STATE OF ILLINOIS ) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on April 21, 2003 the Corporate Authorities of the Village passed and approved Ordinance No. 2003 -31, entitled AN ORDINANCE ADOPTING RULES FOR PUBLIC HEARINGS which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2003 -31, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, April 22, 2003 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 22nd day of April, 2003. i r � ��� r ORDINANCE NO. 2003- 31 AN ORDINANCE ADOPTING RULES FOR PUBLIC HEARINGS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois of 1970; and WHEREAS, the Illinois Supreme Court has held in Klaeren v. Village of Lisle, 202 Ill. 2d 164 (2002) that municipal bodies act in administrative or quasi - judicial capacities when those bodies conduct zoning hearings concerning a special use petition and therefore a public hearing on a special use must be conducted in a manner which meets the due process rights of the applicant and other interested persons, including but not by way of limitation, the right of cross - examination and the right to present witnesses; and WHEREAS, the Village has traditionally applied an inclusive approach to public testimony, but in light of recent court findings the Village is taking appropriate actions to further improve its hearing procedures and ensure due process rights to all parties. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. The Village of Buffalo Grove "Rules for Public Hearing" attached hereto as Exhibit A are hereby adopted. These Rules for Public Hearing shall act as a guideline for the Village's Planning Commission and Zoning Board of Appeals in their conduct of public hearing regarding zoning matters. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. This ordinance shall not be codified. AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn NAYES: o - N ABSENT: o - PASSED: APPROVED: APPROVED: Village President ATTEST: f Village Clerk 1 2003. 2003. r EXHIBIT A VILLAGE OF BUFFALO GROVE, ILLINOIS Rules for Public Hearing 1. All hearings of the Village shall be subject to the Illinois Open Meetings Act. 2. The Chair may take such actions as are required to maintain an orderly and civil hearing. 3. The Chair may impose reasonable limitations on evidence or testimony presented by persons and parties, such as time limits and barring repetitious, irrelevant or immaterial testimony. Time limits, if imposed, shall be fair, generous and equally administered. The public body shall not be bound by strict rules of evidence; however, irrelevant, immaterial, or unduly repetitious evidence shall not be admissible. The Chair shall rule on all questions related to the admissibility of evidence, which ruling may be overruled by a majority of at least a quorum of the public body. The Chair may impose reasonable conditions on the hearing process based on the following factors: a. The complexity of the issue. b. Whether the witness possesses special expertise. c. Whether the testimony reflects a matter of taste or personal opinion or concerns a disputed issue of fact. d. The degree to which the witness's testimony relates to the factors to be considered in approving or denying the proposal e. Such other factors appropriate for the hearing. 4. Proof of lawful notice shall be introduced into evidence before the public body by the Village. 5. A record of the proceedings shall be made. The Village may require the record to be prepared by a certified court reporter at the expense of the party initiating the action. ('Petitioner "). The public body may require the Petitioner to deposit funds sufficient to defray the cost of such recording and transcription, if directed. The preparation of a record in the case of an appeal shall be paid for in accordance with law. A copy of any transcript prepared shall be filed with the public body. 6. At a public hearing, a Petitioner may appear on his or her own behalf or may be represented by an attorney. 7. The Village shall be a party in every proceeding, and need not file a formal appearance. PA 8. In addition to the Petitioner, any person may appear and participate at the hearing. 9. Every person participating shall identify themselves for the record, either orally or in writing, and indicate if they are represented by an attorney. Any person participating, other than the Petitioner, shall be referred to in these rules as Interested Person. 10. The examination of a witness shall not be used by the questioner to offer testimony or evidence of the questioner. 11. All persons offering testimony at a hearing shall testify under oath. An attorney shall be sworn if he or she offers testimony but not if he or she is questioning witnesses, summarizing testimony of witnesses, or addressing the public body. 12. The order of presentation of evidence at a public hearing shall generally be as follows, but may be modified as determined appropriate by the Chair: a. Identification of Petitioner and Interested Persons. b. Submittal of proof of notice. c. Testimony and other evidence by Petitioner. d. Public body examination of Petitioner's witnesses and other evidence. e. Cross - examination of Petitioner's witnesses and other evidence by Interested Persons. f. Testimony and other evidence by Interested Persons'. g. Public body examination of Interested Persons' witnesses and other evidence. h. Cross - examination of Interested Persons' witnesses and other evidence by Petitioner. i. In some cases re- examination may be allowed. j. Report by Village staff, if any. k. Summary /Closing by Petitioner. 1. Summary /Closing by Interested Persons. m. Rebuttal/Closing by Petitioner. 13. At the conclusion of an evidentiary portion of the public hearing, the public body may, among other actions, move to deliberate its decision on the evidence presented, or continue the hearing to a date, time and location certain. 14. A written decision shall be prepared which shall include findings of fact and the public body's recommendation or decision based upon the record. ls. These Rules for Public Hearing may be amended by vote of a majority of the Corporate Authorities. Public hearing rules 3/24/03 3 J COMMENTS ON RULES FOR PUBLIC HEARING Comments On October 18, the Illinois Supreme Court issued its opinion in the case of Klaeren v. Village of Lisle, 202 III. 2d 164 (2002). Among the significant holdings of the Court in Klaeren was that municipal bodies act in administrative or quasi - judicial capacities when those bodies conduct zoning hearings concerning a special use petition. The rationale of the Court implies that this ruling will likely be extended to other site - specific land use decisions, such as variations. In fight of this holding, the land use public hearing must be conducted in a manner "which meets the due process rights of the applicant and other interested persons. The hearing will include, but is not limited to, the right of cross - examination and the right to present witnesses. The purpose of these comments and the following rules is to guide the Village in the conduct of public hearing related to administrative or quasi- judicial site - specific land use approvals, including special uses, variations, rezoning and planned unit developments in light of Klaeren. As an alternative, a hearing officer could be used to conduct the evidentiary portion of the hearing and, if permitted pursuant to Village ordinances, render recommendations or decisions. These Rules are intended to be supplemental to, and should be coordinated with the provisions of Village ordinances. A `public hearing" is a formal proceeding mandated by law for the purpose of taking evidence with a view to formulating a decision or recommendation on an issue within the jurisdiction of the public body. A `Public hearing" is distinguished from a "meeting" in that all hearings are meetings, but not all meetings are hearings. Public hearings are held in cases of applications for special use permits, planned unit developments, and other matters, as required by law. Notice requirements for a public hearing are found in State law and Village ordinances. Care should taken to ensure that notice is given in a timely manner consistent with statutory and ordinance requirements. Although courts have indicated that there may be some discretion to restrict the class of persons eligible to take part in the public hearing, it is recommended that any person so desiring be allowed to participate in `the matter. I