The applicant with a rezoning petition 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. 36-7-4-613 which, if accepted by the Area Plan Commission, must be recorded by the applicant prior to application for an improvement location permit.
(A) Origin of commitments. 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 Technical Advisory Committee, or in response to any modifications requested by the Plan Commission.
(B) Consideration of commitments. Any commitments shall be considered by the Technical Advisory Committee and/or the Plan Commission at the time of their review of the application.
(C) Filing of commitments. Following final action being taken on the development plan application, the written commitments shall be documented by the Planning Director. A copy of the commitments shall be maintained by the Planning Director for the records of the Plan Commission.
(D) Enforcement of commitments. The written commitments shall be considered part of this chapter binding on the subject property.
(1) Successors in interest. 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 the subject property or any portion of the subject property.
(2) Enforcement. The written commitments shall be enforceable by the Plan Commission as if they are a part of this chapter, consistent with the provisions of §§ 156.115 et seq.
(3) Modification. The written commitments may be modified by the Plan Commission only through the development plan process described by this subchapter.
(Ord. 2007-1B, passed 2-5-07)
Cross reference:
Enforcement and penalties, see §§ 156.115 et seq.
Notice of public hearing, see § 156.101