(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