§ 158.109 WRITTEN COMMITMENT.
   (A)   The Commission or Common Council may require or permit the owner of real property to make a written commitment pursuant to I.C. 36-7-4-1015 concerning the use or development of a property when reviewing a proposal to amend the zone map.
      (1)   If the commitment is required by the Commission, or if the owner of the real property permits the written commitment to be made prior to a recommendation being made by the Commission, the commitment shall be included in the certified recommendation to the Common Council. The Common Council may approve, amend, and then approve, or disapprove the recommendation of the Commission. If the recommendation is disapproved, the commitment shall be void.
      (2)   The written commitment shall be:
         (a)   Prepared by the Commission or Common Council;
         (b)   Signed by the property owner(s) in the manner provided on the approved form of commitment;
         (c)   Signed by the President Pro Tempore of the Common Council; and
         (d)   Recorded in the County Recorder's office. The commitment shall be recorded prior to the final approval of the Common Council.
      (3)   A written commitment regarding a proposal to amend the zone maps takes effect upon the final approval of the proposal by the Common Council.
   (B)   The terms of a commitment made as part of a proposal to amend the zone map can only be modified in accordance with I.C. 36-7-4-1015.
   (C)   The Commission may require or permit the owner of real property to make a written commitment concerning the use or development of a property when reviewing a proposal for development plan approval.
      (1)   The commitment shall be:
         (a)   Prepared by the Commission;
         (b)   Signed by the property owner(s) in the manner provided on the approved form of commitment;
         (c)   Signed by the President of the Commission; and
         (d)   Recorded in the County Recorder's office. The commitment shall be recorded prior to the final approval of the Commission.
      (2)   A written commitment made regarding a development plan takes effect upon final approval of the development plan.
   (D)   The terms of a commitment made as part of a proposal for development plan approval can only be modified in accordance with I.C. 36-7-4-1015.
      (1)   An application for modification of a commitment may be filed by the owner of the property which is subject to the commitment.
      (2)   The Commission shall hold a public hearing on the request after notice is provided in the same manner as in the initial request to those interested parties who were notified of the initial proposal. At the conclusion of the hearing, the Commission shall approve, amend and then approve, or disapprove the modified commitment. If the modified commitment is disapproved, the modified commitment shall be void.
      (3)   A written modification is effective upon final approval of the Commission.
   (E)   A commitment made under this section automatically terminates if:
      (1)   The proposal to amend the zone map is not approved by the Common Council;
      (2)   The development plan is not approved;
      (3)   The zone map applicable to the parcel upon which the commitment is made is changed; or
      (4)   The parcel upon which the commitment is made is designated as a planned unit development district.
   (F)   A commitment may be enforced by the Director, Commission, or Common Council in any manner provided by law or equity.
(Ord. 8-C-96, passed 5-14-96; Am. Ord. 18-C-14, passed 7-29-14; Am. Ord. 5-C-15, passed 6-9-15)