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The process for the approval and recording of a secondary plat for any development in a PUD approved pursuant to this subchapter shall be issued in a manner consistent with that for any other subdivision within the town as set forth in the Subdivision Control Ordinance for the town and with any additional requirements or commitments entered into in connection with the approval of the preliminary plan pursuant to this subchapter. The approval and recording of a secondary plat is required prior to the issuance of an improvement location permit for any improvements on a lot.
(Ord. 1221, § 6(e), passed 1-26-2010)
In those PUD Districts in which open space, common areas, or recreation areas are provided for the use and enjoyment of residents or users of the PUD District, the petitioner shall file documentary assurances that the permanent dedication and continuous maintenance of open space, common areas, or recreation areas shall be made in accordance with the approved preliminary plan and secondary approval, and that the open space, common areas, and recreation areas shall be made available to the residents and users of the overall development in the PUD at a reasonable and non-discriminatory rate of charge. Such documentary assurances shall be incorporated into the secondary plat that is recorded in the office of the St. Joseph County Recorder or otherwise provided for through legally binding perpetual agreements as approved by the Area Plan Commission and the Town Council. The open space shall perpetually run with the PUD and shall not be developed or separated from the overall development in the PUD at a later date (unless no development of any portion of the PUD which is benefitted by the open space, common areas or recreation areas has occurred and the entire area subject to the PUD is presented for zone map change).
(Ord. 1221, § 6(f), passed 1-26-2010)
(A) Appeal process. Any order, requirement, decision, or determination by the Executive Director regarding a secondary approval, or a modification of a preliminary plan or secondary approval, may be appealed to the Area Plan Commission by any person claiming to be adversely affected by that order, requirement, decision, or determination.
(B) Procedures. The procedures for such an appeal are as follows.
(1) Every appeal shall be filed within 30 days from the order, requirement, decision, or determination.
(2) All appeals shall be determined by the Area Plan Commission at a public hearing for which:
(a) The party bringing the appeal has provided stamped envelopes for the owner of the real estate and all abutting property owners in accordance with the Area Plan Commission Resolution No. 168-06, as the same may be amended from time to time, regarding notice for rezoning petitions; and
(b) Notice has been mailed to the owner of the real estate and all abutting property owners by the Area Plan Commission.
(3) The Area Plan Commission hearing shall be de novo, in the same manner as though the application was originally filed with the Area Plan Commission.
(4) The decision of the Area Plan Commission with respect to a secondary approval, or a modification of a preliminary plan or secondary approval, shall be a final decision that may be reviewed only by certiorari procedures as provided in I.C. 36-7-4-1016.
(Ord. 1221, § 6(g), passed 1-26-2010)
LANDSCAPE REGULATIONS
Landscaping is an essential element of the site design process and is an important feature in promoting the public health, safety, comfort, general welfare and the quality of life of the town. Landscaping is intended to: reduce the negative impacts of higher intensity land uses on less intense adjacent land uses; provide visual and noise buffering between higher intensity districts and less intense districts; lessen the impact of development on the environment by reducing glare and heat buildup; promote energy conservation; and break up large expanses of paved areas so as to reduce impervious surface area, storm water runoff, and the level of pollutants from non-point sources.
(Ord. 1221, Art. 8, passed 1-26-2010)
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