§ 13.09. Status of Preliminary PUD Development Plan After Approval.

Procedures for the notification of the applicant and status of the approval of a rezoning and Preliminary PUD Development Plan are as follows:

A.

Notification of Applicant. Within five days after the approval of the rezoning of the subject property and upon approval of the rezoning and Preliminary PUD Development Plan by the Village Council notice of approval of rezoning ordinance and approval of the Preliminary PUD Development Plan shall be mailed via first class postage to the applicant by the Zoning Administrator.

B.

Status of Preliminary PUD Development Plan. Approval (or approval with conditions or denial) of a Preliminary PUD Development Plan shall not qualify as a Land Division Act plat of subdivision or Condominium Act plan of subdivision for the purposes of recording with the Berrien County Register of Deeds. A PUD Development Plan which has been given tentative approval as submitted or which has been given tentative approval subject to conditions that the applicant agrees to comply, shall not be modified or revoked or otherwise impaired by action of the Village pending an application or applications for final approval without the express consent of the applicant; provided an application for final approval is filed, or in the case of staged development, provided applications are filed within the time or times specified in the action granting approval or tentative approval of the Preliminary PUD Development Plan by the Village Council.

C.

Abandonment of Preliminary PUD Development Plan by Applicant. In the event that a Preliminary PUD Development Plan is given approval and thereafter, but prior to final approval, the applicant shall choose to abandon said Preliminary PUD Development Plan or shall fail to submit an application or application for final approval within the required time period, the approval or tentative approval shall be deemed revoked, and such action shall be noted in the record of the Village Clerk. Upon abandonment, the Village Council may consider action recommending rezoning of the subject property from PUD Planned Unit (overlay) Development to its prior zoning district classification.

(Ord. No. 316, 5-19-2008)