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(A) Prior to issuance of any building permits or commencement of construction on any portion of the PUD, the applicant shall enter into an agreement with the village in recordable form, setting forth the applicant's obligations with respect to the PUD.
(B) The agreement shall describe all improvements to be constructed as part of the PUD and shall incorporate, by reference, the final development plan with all required revisions, other documents which comprise the PUD, and all conditions attached to the approval by the Village Council.
(C) A phasing plan shall also be submitted describing the intended schedule for start and completion of each phase and the improvements to be undertaken in each phase.
(D) The agreement shall also establish the remedies of the village in the event of default by the applicant in carrying out the PUD, and such remedies shall be binding on all successors in interest to the applicant.
(E) All documents shall be executed and recorded in the office of the Clinton County Register of Deeds.
Changes to an approved final PUD shall be permitted only under the following circumstances:
(A) The holder of an approved PUD final development plan shall notify the Zoning Administrator of any desired change to the approved PUD.
(B) Minor changes may be approved by the Zoning Administrator upon determining that the proposed revision(s) will not alter the basic design and character of the PUD, nor any specified conditions imposed as part of the original approval. Minor changes shall include the following:
(1) Reduction of the size of any building and/or sign.
(2) Movement of buildings and/or signs by no more than ten feet.
(3) Landscaping approved in the final development plan that is replaced by similar landscaping to an equal or greater extent.
(4) Changes in floor plans, of up to 5% of the total floor area, which do not alter the character of the use or increase the amount of required parking.
(5) Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design.
(6) Changes required or requested by the village, Clinton County, or other state or federal regulatory agency in order to conform to other laws or regulations.
(C) A proposed change not determined by the Zoning Administrator to be minor shall be submitted as an amendment to the PUD and shall be processed in the same manner as the original PUD application for the final development plan.
Each approved final PUD must be under construction within 12 months after the date of approval of the PUD final development plan, except as noted in this section.
(A) The Village Council may grant one extension of up to an additional 12 month period from the expiration date of the PUD of phase of a PUD if the applicant applies for such extension prior to the date of the expiration of the PUD or PUD phase and provided that:
(1) The applicant presents reasonable evidence that said development has encountered unforeseen difficulties beyond the control of the applicant; and
(2) The PUD requirements and standards, including those of the Zoning Ordinance and Master Plan, that are reasonably related to said development have not changed.
(B) Should neither of the provisions of division (A) of this section be fulfilled, or an extension has expired without construction underway, the PUD preliminary plan approval(s) shall be null and void. This does not include any phases that may have received final PUD approval.
(C) Should the PUD District become null and void, then the Village Council has the right to rezone the property back to the prior zoning classification(s) or to rezone it to any other zoning classification(s). If the property is not rezoned, then the subject property remains zoned as a PUD, but the preliminary or final PUD plans previously approved become null and void. In order to utilize the property as a PUD, an applicant would have to submit plans for preliminary and final PUD site plan approval as stated in this subchapter, but would not require PUD rezoning action from the Council.
SITE PLAN REVIEW
It is the purpose of this subchapter to require site plan review approval for certain buildings, structures, and uses that can be expected to have a significant impact on natural resources, environmental quality, traffic patterns and the character of future development in the vicinity. It is typical for applicants to request that a planning commission accept a "napkin" type site plan drawing for site plan approval. Unfortunately, it is difficult to use informal methods as a proper way of providing for the health, safety and welfare of village residents. The Village Council and Planning Commission realize that suitable site plans require an applicant to spend some time and money. It is the village's belief that the end result of suitable site plan development will allow plans to be properly reviewed for health, safety and welfare issues. In addition, many problems that may have been encountered in or after the project development process are often averted. Averting problems through a planning process can save the applicant and community time and money. The requirements for site plans in this subchapter are intended to reduce hazards to life and property due to fire, flooding, soil erosion, inadequate surface water drainage, inadequate sewage disposal systems, pollution, dust, fumes, noise, vibration, noxious odors, and other hazards; and to facilitate the provision of a system of roads, streets, parking, municipal sewage disposal, storm sewers, municipal water supply, public education, and other public needs. These requirements are further intended to promote orderly development and harmonious design in order to conserve the value of existing development and property.
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