(A) The applicant in any planned unit development may make written commitments regarding the characteristics of the proposed future use of, or the resolution of outstanding issues in existence on, the subject property consistent with I.C 36-7-4-615. Commitments made by the applicant and conditions of approval established by the Plan Commission or legislative body shall be considered written commitments for the purpose of this subchapter.
(B) Note. Covenants shall be distinguished from written commitments and development requirements. Written commitments and development requirements are elements of the PUD approval and are enforceable by the Plan Commission. Covenants are private agreements which are not enforceable by the Plan Commission
(C) Commitment proposals. Written commitments may be proposed by the applicant as an element of the initial submittal of application materials, as a response to comments made by the Planning Director, or in response to any modifications requested by the Plan Commission or legislative body.
(D) Consideration of commitments. Any commitments shall be considered by the Plan Commission and legislative body if they have been established at the time of the review. Written Commitments shall be included as an element of the PUD district ordinance (rezoning) establishing the PUD zoning and shall be recorded in the office of the Hancock County Recorder by the petitioner. A copy of the recorded commitments shall be provided to the Planning Director.
(E) Enforcement of commitments. The written commitments shall be considered part of this chapter binding on the subject property.
(1) Applicability. The written commitments shall be binding on the owner of the subject property, any subsequent owners of the subject property, and any person or entity that acquires an interest in any portion of the subject property.
(2) Enforcement. The written commitments shall be enforceable by the Hancock County Area Plan Commission consistent with the adopted provisions for the enforcement of this chapter.
(3) Modification. The recorded written commitments may be modified only through the Planned Unit Development process described by this subchapter.
(Ord. 2007-1B, passed 2-5-07)