§ 13.10. Approval of Final PUD Development Plan.

Procedures for the approval of a Final PUD Development Plan are as follows:

A.

Submission Deadline and Extension. Within a reasonable time after the approval of the rezoning and Preliminary PUD Development Plan, but not more than six (6) months thereafter, the applicant shall file with the Village Council a Final PUD Development Plan containing in final detailed form the information required as herein after provided. At its discretion and for good cause, the Village Council may extend for six (6) months the period for filing the Final PUD Development Plan. Contents of the Final PUD Development Plan shall include a land division (subdivision) plat or condominium (Exhibit E) plan prepared in conformance with the specification required for recording a plat under the terms of the State of Michigan Land Division Act, P.A. 87 of 1997, as amended (formally Subdivision Control Act) or the Condominium Act. P.A. 59 of 1978, as amended, signed and sealed by a State of Michigan Registered Surveyor. Water and sewer system engineering drawings with accompanying State of Michigan Department of Public Health or State of Michigan Department of Environmental Quality system extension permits signed and sealed by a State of Michigan Licensed Professional Civil Engineer shall accompany the PUD Development Plan submission. Also to be submitted by the applicant for approval by the Village Engineer are a storm water drainage system management plan and plans and specifications for all streets prepared in conformance with the Village of Berrien Springs development standards, which from time-to-time maybe adopted by the Village Council prepared, signed and sealed by a State of Michigan Licensed Professional Civil Engineer. In addition, the Village Council may require other maps and/or drawings as deemed necessary to render a decision concerning the approval of a Final PUD Development Plan.

B.

Optional Public Hearing. The Village Council at its discretion may give notice and provide an opportunity for the public to comment on the proposed Final PUD Development Plan.

C.

Approval or Denial of Final PUD Development Plan. The Village Council shall review the proposed Final PUD Development Plan, and shall approve the Final PUD Development Plan if it is in substantial compliance with the Preliminary PUD Development Plan and contains, in final detailed form, the information herein set forth.

D.

Application of Conditions and Restrictions. Prior to the approval of any Final PUD Development Plan, the Village Council may recommend the adoption of such covenants, conditions, and restrictions upon the establishment, location, constructions, maintenance, and operation of the Planned Unit Development as the Village Council deems necessary for the purposes of the public interest and to secure compliance with the criteria specified in this Ordinance.

E.

Status of Final Approval of PUD Development Plan. After approval has been given, the use of land and the construction, modification or alteration of any building or structures within the Planned Unit Development will be governed by the approved Final PUD Development Plan rather than by any other provision of this Ordinance.

F.

Minor Changes to Final PUD Development Plan. Any minor extensions, alternations, or modification of existing buildings or structures may be authorized by the Village Council if they are consistent with the purposes and intent of the Final PUD Development Plan.

G.

Major Changes to Final PUD Development Plan. Any major change to a Final PUD Development Plan, as determined by the Village Council shall made by the Village Council after processing an amendment to the Final PUD Development Plan pursuant to the approval process for both the Preliminary and Final PUD Development Plan approval.

H.

Rescinding/Abandonment of Final PUD Development Plan Approval. In any case where construction has not yet begun on an approved Planned Unit Development within one (1) year after the date of Final Approval of a PUD Development Plan, or after a one (1) year extension thereof by the Village Council upon showing of cause or upon written notification by the applicant that the proposed Planned Unit Development will not be constructed, the Village Council may rescind the Final PUD Development Plan approval and take such other action to rezone the subject property back to its original zoning district classification.

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