The applicant in any site development plan application may make written commitments regarding the characteristics of the proposed future use, or the resolution of outstanding issues in existence on the subject property consistent with IC 36-7-4-613.
(A) Written commitments may be proposed by the petitioner as an element of the initial submittal of application materials, as a response to comments made by the Technical Review Committee, or in response to any modifications requested by the Plan Commission.
(B) All commitments shall be considered by the Technical Review Committee and the Plan Commission in the review of the petition.
(C) Following final action being taken on the site development plan application, the written commitments shall be recorded in the office of the County Recorder.
(D) The written commitments shall be considered part of this zoning code 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 consistent with the adopted provisions for the enforcement of any aspect of this chapter.
(3) The written commitments may be modified only through the site development plan process described by this section. Any written commitment shall be terminated if the official zoning map applicable to the subject property is amended or if a zoning text amendment contradictory to the written commitment is adopted.
(Ord. 2013-02, passed 3-11-13)
Editor’s note:
IC 36-7-4-613 was repealed by P.L.126-2011, Sec. 68.