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Amending Chapter 21 South Bend Municipal Code Planned Unit Development Districts
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Amending Chapter 21 South Bend Municipal Code Planned Unit Development Districts
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8/13/2015 9:26:03 AM
Creation date
8/13/2015 9:08:47 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
8/10/2015
Ord-Res Number
10368-15
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In those PUD Districts in which open space, common areas or recreation areas are provided for the <br />use and enjoyment of residents or users of the PUD District, the petitioner shall file documentary <br />assurances that the permanent dedication and continuous maintenance of open space, common areas <br />or recreation areas shall be made in accordance with the approved preliminary plan and secondary <br />approval, and that the open space, common areas and recreation areas shall be made available to the <br />residents and users of the overall development in the PUD at a reasonable and non - discriminatory <br />rate of charge. Such documentary assurances shall be incorporated into the secondary plat that is <br />recorded in the Office of the St. Joseph County Recorder or otherwise provided for through legally <br />binding perpetual agreements as approved by the Area Plan Commission and the County. Such <br />open space shall perpetually run with the PUD and shall not be developed or separated from the <br />overall development in the PUD at a later date (unless no development of any portion of the PUD <br />which is benefited by the open space, common areas or recreation areas has occurred and the entire <br />area subject to the PUD is presented for zone map change). <br />(g) APPEALS OF EXECUTIVE DIRECTOR'S DECISIONS <br />(1) Generally. <br />Any order, requirement, decision or determination by the Executive Director regarding a <br />secondary approval, or a modification of a preliminary plan or secondary approval, may be <br />appealed to the Area Plan Commission by any person claiming to be adversely affected by <br />that order, requirement, decision or determination. <br />(2) Appeal Process. <br />The procedures for such an appeal are as follows: <br />(A) Every appeal shall be filed within thirty (30) days from the order, requirement, decision <br />or determination. <br />(B) All appeals shall be determined by the Area Plan Commission at a public hearing for <br />which any person claiming to be adversely affected by that order, requirement, <br />decision, or determination shall comply with, and bear all costs associated with, the <br />notification requirements as provided by rule of the Area Plan Commission. <br />(C) The Area Plan Commission hearing shall be de novo, in the same manner as though the <br />application was originally filed with the Area Plan Commission. <br />(D) The decision of the Area Plan Commission with respect to a secondary approval, or a <br />modification of a preliminary plan or secondary approval, shall be a final decision that <br />may be reviewed only by certiorari procedures as provided in I.C. 36 -7 -4 -1016. <br />Section II. This Ordinance shall be in full force and effect from and after its passage by the <br />Common Council and approval by the <br />
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