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Section 21-05 <br />Planned Unit Development District <br />plat that is recorded in the Office of the St. Joseph County Recorder or otherwise <br />provided for through legally binding perpetual agreements as approved by the Area Plan <br />Commission. Such open space shall perpetually run with the PUD and shall not be <br />developed or separated from the overall development in the PUD at a later date (unless <br />no development of any portion of the PUD which is benefited by the open space, <br />common areas or recreation areas has occurred and the entire area subject to the PUD is <br />presented for zone map change). <br />(g) Extensions <br />Extensions of time, in six (6) month increments not to exceed a total of two (2) years, for <br />obtaining secondary approval maybe granted by the Executive Director for good cause <br />shown. In the event that the Executive Director disallows a requested extension, the <br />petitioner may appeal said determination to the Area Plan Commission within thirty (30) <br />days of being notified of such determination. <br />(h) Appeals Of Executive Director's Decisions <br />(1) Appeal Process <br />Any order, requirement, decision or determination by the Executive Director <br />regarding a secondary approval, or a modification of a preliminary plan or <br />secondary approval, maybe appealed to the Area Plan Commission by any <br />person claiming to be adversely affected by that order, requirement, decision or <br />determination. The procedures for such an appeal are as follows: <br />(A) Every appeal shall be filed within thirty (30) days from the order, <br />requirement, decision or determination. <br />(B) All appeals shall be determined by the Area Plan Commission at a public <br />hearing for which notice has been provided as follows: <br />i. a remonstrator shall send notice to the owner of the real estate, the <br />applicant for the secondary approval, or a modification of a <br />preliminary plan or secondary approval, and all abutting property <br />owners; <br />ii. a petitioner shall send notice to the owner of the real estate and all <br />abutting property owners; <br />iii. notice shall be sent as provided by rule ofArea Plan Commission. <br />12 <br />Ord. No.: 9495-04 <br />