The applicant in any planned unit development may make written commitments in recordable form 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 Town Council shall be considered written commitments for the purpose of this subchapter.
(A) 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 Administrative Officer, or in response to any modifications requested by the Plan Commission or Town Council.
(B) Consideration of commitments. Any commitments shall be considered by the Plan Commission and Town Council 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 Administrative Officer.
(C) 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(s) of the subject property, any subsequent owners of the subject property, and any property owner(s) or entity that acquires an interest in any portion of the subject property.
(2) Enforcement. The written commitments shall be enforceable by the Plan Commission or Board of Zoning Appeals 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. 121410, passed 1-11-2011)