[HISTORY: Adopted by the Board of Trustees
of the Village of North Hills 6-14-1995 (Ch. A179 of the 1982 Code). Amendments noted where applicable.]
The office of the Planning Board shall be at
the Village of North Hills Village Hall. The office shall be open
for business during the hours of the days of the week in which business
of the Village of North Hills is normally conducted.
[Amended 1-14-2015]
The Chair and Deputy Chair of the Planning Board shall be appointed
as provided by law. In the event that neither the Chair nor the Deputy
Chair is available to serve, a majority of the members of the Board
present at any meeting may select a member of the Board to preside
at such meeting. In the event that the Board lacks a quorum for any
meeting, the Chair or the other members of the Board present for such
meeting may adjourn the meeting to another specified date and time.
[Amended 1-14-2015; 8-12-2015]
A.
The Board
shall meet on the second Wednesday of each month at the Village of
North Hills Village Hall or such other location designated by the
Chair where business so requires. The Board may also meet at such
other dates, times and places as the Chair or a majority of the Board
shall specify in writing. Notice of all meetings shall be given to
all members of the Board. Unless otherwise determined by majority
vote of the Board members and sitting alternates in attendance, no
Board meeting or hearing shall be held or continued after 10:30 p.m.
B.
The Chair
shall have authority between meetings of the Board, in the sole discretion
of the Chair, to grant or deny written applications from an applicant
for adjournment of any scheduled matter or public hearing, and to
direct a new date and time for consideration of the said matter or
public hearing. In granting any such request, the Chair may exercise
such discretion to include a condition that the applicant give new
notice of an adjourned public hearing date.
[Added 3-16-2011]
The Clerk shall circulate draft minutes of each meeting of the
Planning Board to all members of the Board, including alternates who
attended such meeting. A reasonable period of time shall be provided
for each member to submit proposed changes or comments to the Chair.
After the passage of such reasonable period of time, the Chair may
direct the Clerk to file the minutes as approved, after making any
changes which the Chair deems appropriate. Copies of the final minutes
shall be distributed to each member of the Planning Board and each
alternate who attended the meeting, and subsequent changes or corrections
in the minutes may be made by majority vote of the Board.
All meetings of the Board shall be open to the
public, except where otherwise provided or permitted by law.
A.
Applications for consideration by the Board shall
be filed in the Village office with all required supporting documentation
and all required fees no later than 10 business days prior to the
next regular meeting of the Board. Applications shall be made on such
forms as may be prescribed by the Code Enforcement Officer, except
that the Board may prescribe other or different forms by resolution
of the Board. With the consent of at least four members of the Board,
the Board may consider matters filed after the filing deadline established
in these rules.
B.
Where a properly completed application requires a
public hearing before the Board may act upon the same, such public
hearing shall be held at a time and date as determined by the Chair
or a majority of the members of the Board present at a meeting.
C.
Each application filed as provided in these rules
shall be numbered in accordance with the numbering system adopted
by the Village of North Hills. A separate file shall be maintained
for each such application, and all material submitted to the Board
shall be retained therein as provided by law. No file or any part
thereof may be removed from the office of the Board except upon written
authority and direction of the Chair or by resolution of the Board
or as required by law.
D.
Any applicant may withdraw an application prior to
determination by the Board with the permission of the Board. Any fee
paid for such withdrawn application may be refunded, in whole or in
part, only upon written application and upon the approval of the Board
and the Board of Trustees of the Village of North Hills.
E.
An application which has been denied, dismissed or
withdrawn shall not be refiled within six months of such event unless
substantial new facts are alleged and established to the satisfaction
of the Board.
F.
An applicant may modify, amend or revise an application
as of right within five days of filing the same. Thereafter, the plans
or documents submitted as part of an application may be modified,
amended or revised only with the unanimous consent of the Board members
present at the next following meeting, which permission may include
a requirement that new notice of such application be given as appropriate.
With the exception of items introduced by an applicant as exhibits
at a public hearing, any other submission by an application shall
be filed with the Village Administrator at least five business days
prior to the scheduled hearing or Board meeting, unless unanimous
consent to such submission is obtained from all Board members present
at the hearing or meeting. It is the purpose of this rule to require
all applicant submissions for Board consideration to be filed in sufficient
time in advance of a meeting or hearing to permit meaningful review
and consideration. Where insufficient time is provided for such review
and consideration, late submissions, and in some cases timely submissions,
may result in adjournment or continuation of consideration of the
application. Where the Board determines that a late submission by
an applicant will cause substantial prejudice to the Village or an
interested party, and that continuation or adjournment of the application
is not appropriate, the Board may decline to receive the proffered
submission.
[Amended 8-14-2013]
G.
With the exception of submissions made at the request of the Board,
on behalf of the Board or by an applicant, all submissions should
be filed with the Village Administrator no later than five business
days prior to the scheduled meeting or hearing to which the submission
is related. The Board may, in its discretion, consider such late submissions
made after that date. It is the purpose of this rule to encourage
submissions other than those made by or on behalf of the Board or
an applicant to be filed in sufficient time in advance of a meeting
or hearing to permit meaningful review and consideration. Where insufficient
time is provided for such review and consideration, late submissions,
and in some cases timely submissions, may result in adjournment or
continuation of consideration of the application. Where the Board
determines that a late submission will cause substantial prejudice
to the Village, an applicant or interested party, and that continuation
or adjournment of the application is not appropriate, the Board may
decline to receive the proffered submission.
[Added 8-14-2013]
[Amended 12-11-1996; 1-14-1998; 1-14-2015]
Notice of all public hearings before the Board shall be prepared
by the Village Attorney and shall be advertised as provided by law
and by the rules of the Board. Except where otherwise provided by
the Site Development Code or otherwise specifically required by law,
such notice shall be given as follows:
A.
By the Board. A brief description of the nature of the application,
together with the name and address of the applicant and a description
of the property which is the subject of the application and the location
thereof, shall be published in the official newspaper of the Village
of North Hills at least 10 calendar days before the date of the hearing.
B.
By the applicant.
[Amended 7-12-2017]
(1)
A
notice of hearing, in a form prepared and provided by the Village,
shall be sent at least 10 business days before the date of hearing,
by first class mail and by certified mail, return receipt requested,
to each owner of real property (including common area property and
private roads) wholly or partly within 250 feet (inclusive of road
widths) of any point of the property which is the subject of the application,
said owners to be identified by the applicant from the current assessment
map and roll of the Village of North Hills or such other municipality
within which the property owned by such owners may be located. In
addition, where the property which is the subject of an application
is located within a homeowners’ association, condominium or
cooperative, the applicant shall give such notice in the same manner
to:
(2)
Each
application shall include a radius map satisfactory to the Building
Official, showing all properties to be included in the service of
notice pursuant to this Rule, with the names and addresses of the
owners thereof or other persons or entities to which notices are required
to be sent.
(3)
Proof
of service of such notices shall be filed with the Clerk at least
five calendar days before the date of the hearing, and the return
receipts or undelivered notices shall be filed with the Clerk on or
before the business day prior to the date of the hearing. Any return
receipts or returned notices received after the business day prior
to the date of the hearing shall be delivered to the Clerk prior to
the hearing, or as soon thereafter as practicable.
(4)
Prior
to the commencement of the hearing, the Clerk shall verify that a
proper radius map has been filed, and that proof of notice has been
filed, as required by the Village Code and the Rules of the Board.
C.
The Board shall make available a sign-up sheet at all meetings at
which one or more public hearings are scheduled, so that persons interested
in speaking on a particular item may so indicate by signing up to
speak. In any case where 12 or more persons sign up to speak on any
matter, the Chair may limit the time for each speaker to no more than
five minutes with respect to any one hearing. The failure or omission
of any person to sign up to speak shall not prevent such person from
speaking, but the time allocated for such person to speak may be subject
to reasonable limitation by the Chair. Speakers are encouraged to
remain on the subject, and not to be repetitious of comments made
by previous speakers. Where appropriate circumstances to do so exist,
the Chair shall have discretion to permit speakers to exceed time
limits.
A motion for the Board to hold a rehearing to review any order,
decision or determination of the Board not previously reheard may
be made by any member of the Board, with or without the request or
consent of the property owner or applicant.
A.
Upon the adoption of a motion for a rehearing, the order, decision
or determination being reheard shall be suspended, and no further
approvals shall be granted in respect thereto, except where the owner
or applicant or another interested person has a vested property right
to such approval.
B.
Such rehearing shall be subject to the same notice provisions as
an original application, except that when such rehearing is held upon
the motion of the Board without a request or consent of the owner
or applicant, the Board may dispense with all or part of such notice
requirements or direct such other notice as may be reasonable.
C.
Upon such rehearing the Board may hear additional testimony with
respect to the matter being reheard. Subsequent to the close of the
hearing, the Board may reverse, modify or annul its original order,
decision or determination upon affirmative vote by at least four members
or qualified alternates of the Board then present.
D.
Except when holding such rehearing upon the request of the property
owner or applicant, or when such determination is directed by a court
having jurisdiction, the Board shall not make any determination on
rehearing which adversely affects any vested property rights of persons
acting in good faith in reliance upon the reheard order, decision
or determination.
All orders and decisions of the Board shall
be made by resolution or motion approved by a majority of the whole
number of members of the Board at a meeting thereof and shall be recorded
in the minutes of the Board. Notice of any such order or decision
shall be supplied by mail to any person who has requested the same
and has provided a self-addressed envelope with sufficient postage.
Upon its own motion, the Board may reopen or
reconsider any matter where the Board has reasonable cause to believe
that an applicant has failed to comply with the requirements or conditions
contained in a prior decision or order of the Board. Notice of such
reopening shall be given by the Board to the applicant by certified
mail, return receipt requested, at the applicant's address as shown
on the application and by publication in the Village's official newspaper.
Such notice shall include a summary of the action taken by the Board
and the date and time at which the Board will consider further action
on the reopened matter. In considering any reopened matter, the Board
may amend or modify its prior determination or make a different determination,
except that in so doing, the Board shall not affect any vested property
rights of the applicant or any other person.
