(A) General provisions. The applicant in any rezoning application 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.
(B) Origin of commitments. Written commitments may be proposed by the applicant as an element of the initial submittal of application materials, or in response to any modifications requested by the Plan Commission or Common Council.
(C) Consideration of commitments. All commitments shall be considered by the Plan Commission and the Common Council in the review of the application.
(1) Commitments shall be included as an element of the rezoning ordinance prepared by the Plan Commission following action taken at the public hearing.
(2) Any deletion, addition or alteration of the written commitments proposed by the Council shall be referred back to the Plan Commission for consideration and included in a revised or affirmed recommendation regarding the application or may amend the written commitments and incorporate the written commitments within the rezoning ordinance.
(D) Documenting of commitments. Following final action being taken on the rezoning application, the rezoning ordinance, with any written commitments included, shall be recorded in the office of the County Recorder by the applicant and shall not be considered effective until so recorded. A copy of any recorded commitments shall be provided to the Administrator at the time of application for any improvement location permit. No improvement location permit shall be issued for a permit application that does not comply with the written commitments.
(E) Enforcement of commitments. The written commitments shall be considered part of the rezoning ordinance binding on the subject property.
(1) 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 portion thereof.
(2) The written commitments shall be enforceable by the Plan Commission or Common Council consistent with the adopted provisions for the enforcement of any other aspect of this ordinance, as described in Chapter 10.
(3) The written commitments may be modified only through the zoning map amendment process described by this chapter.
(Ord. 07-16, passed 12-10-2007)