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(A) Covenants shall be set forth in detail. The Plan Commission may review covenants that pertain to any written commitments, development requirements and/or common areas, swales, or drainage systems. A copy of the recorded covenants shall be provided to the Planning Director by the petitioner for the records of the Plan Commission.
(B) Note. Covenants shall be distinguished from written commitments and development requirements. Written commitments and development requirements are elements of the PUD approval and are enforceable by the Plan Commission. Covenants are private agreements that are not enforceable by the Plan Commission.
(C) Lot owner's association. Adequate provision shall be made for a private organization (i.e., lot owner's association) with direct responsibility to, and control of, the lot owners involved. The lot owner's association shall provide for the operation and maintenance of all common facilities, such as any common areas and ponds, in the best possible manner. Legal assurances shall be provided which show that the private organization is self-perpetuating.
(D) Service access to common areas. The covenants shall state that all common facilities and drainage systems not dedicated to the public shall be maintained by the private lot owner's organization in such a manner that adequate access is provided for fire, police, health, sanitation, and public utility vehicles to service them. All streets, roadways, and common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
(Ord. 2007-1B, passed 2-5-07)
(A) Administration. The Planning Director may from time to time approve minor modifications of the detailed plan without a public hearing consistent with I.C. 36-7-4-1511(i). The modifications shall be consistent with the purpose and intent of the overall development and the approved preliminary plan. Such modifications shall not include any change in type of use, any increase in density, any lessening of aesthetic treatments, any alteration of frontage or building location, any change in access points, or any alteration of the development requirements.
(1) Procedure. To request a minor modification, the property owner, developer, or applicant shall provide the Planning Director with a letter that identifies the PUD and the requested minor modification. The letter shall be accompanied by any necessary supporting drawings or other materials. The Planning Director shall provide a written response within 15 business days informing the applicant if the minor modification has been approved. All materials relating to the minor modification shall be kept on file with the other PUD materials in the office of the Plan Commission.
(2) Public notice. No notice, in addition to that which may be required by the rules and procedures of the Plan Commission, shall be required for the review or approval of minor modifications.
(B) Appeal. Any affected party may appeal any minor modification decision by the Planning Director to the Plan Commission within 30 days of the determination.
(C) Rules and procedures. The Plan Commission may, through its rules and procedures, establish rules governing the nature of proceedings and notice required to make a minor modification under this chapter per I.C. 36-7-4-1511(j).
(D) Major modifications. Major modifications that may include any change in type of use, any increase in density, any lessening of aesthetic treatments, any alteration of frontage or building location, any change in access points, or any alteration of the development requirements shall require a public hearing conducted in the manner established by the legislative body pursuant to § 156.052. Notice of the hearing must be given in the same manner as notice is given under § 156.052(F).
(Ord. 2007-1B, passed 2-5-07)
Statutory reference:
Minor modifications, see I.C. 36-7-4-1511(i)
(A) Expiration. Approval of a final detailed plan shall expire after a period of five years from the approval of the preliminary plan, unless the development is 50% completed in terms of improvements including streets, parks, walkways, utility installations, and sanitary sewers. Determination of the amount of completion shall be made by the Plan Commission upon a recommendation by the Planning Director. Following expiration of a final detailed plan, the appropriate legislative body of the Area Plan Commission may declare the bond to be in default and cause all public improvements to be installed according to the final detailed plans.
(B) Abandonment. The planned unit development may be considered officially abandoned if, in the opinion of the Planning Director, the development is incomplete and no, or minimal, construction activity has occurred for a period of five consecutive years. Any outstanding surety for the project may be used by the appropriate legislative body consistent with the Hancock County Subdivision Control Ordinance provisions for subdivision surety.
(C) Extensions. An extension, not to exceed six months, for accomplishing any processes required by this subchapter, or for resuming construction activity in an abandoned development may be granted by the Plan Commission upon a written request from the petitioner. All requests for extensions must occur a minimum of 30 days prior to the applicable deadline.
(D) Plan Commission rezoning. The Plan Commission may initiate a rezoning for any property included in a planned unit development that has been abandoned or for which the detailed plan approval has expired. Any rezoning by the Plan Commission shall meet all applicable requirements for the rezoning process provided by § 156.105.
(Ord. 2007-1B, passed 2-5-07)
Cross reference:
Subdivision control regulations, see Ch. 155
Zoning map amendments, see § 156.004
DEVELOPMENT STANDARDS
(A) Introduction. All structures, land uses, land use changes, structural alterations, structural relocations, structural additions, and structural enlargements that are constructed, created, established, or occur after the effective date of this chapter (except as may otherwise be provided within this chapter) shall be subject to all development standards and regulations applicable to the zoning district in which they are located. All projects approved prior to the effective date of this chapter shall adhere to the terms and conditions of approval and/or written commitments made under the zoning ordinance that was in place at the time of filing.
(B) Expansion or modification of existing uses and structures. No structure, parking area, or other site feature regulated by this chapter shall be enlarged, altered, or expanded unless the minimum improvements required by this subchapter are provided on the property in a manner equal to the extent of its alteration or expansion.
(C) Requirements for non-conforming uses and uses permitted by special exception or variance. Any use which is non-conforming in the zoning district in which it is located or is permitted by special exception or variance shall be consistent with the standards for the zoning district in which the use is permitted by this chapter. The Board of Zoning Appeals may specify the appropriate standards for all uses permitted by special exception or variance.
(Ord. 2007-1B, passed 2-5-07)
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