§ 154.209 WRITTEN COMMITMENTS.

   An applicant of a map amendment (rezoning) petition 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. 36-7-4-613 which, if accepted by the Advisory 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 Review Committee, or in response to any modifications requested by the Plan Commission.

   (B)   Consideration of commitments. Any commitments shall be considered by the Technical Review 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 in recordable form shall be documented by the Administrative Officer. A copy of the commitments shall be maintained by the Administrative Officer for the records of the Plan Commission.

   (D)   Enforcement of commitments.  The written commitments shall be in recordable form and considered part of this chapter binding on the subject property.

      (1)   Successors in interest.  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 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 §§ 154.225 through 154.228, Enforcement and Penalties.

      (3)   Modification . Written commitments may be modified by the Plan Commission.  Interested parties shall file a petition clearly defining the commitments to be modified in their existing language, their proposed language and the reason(s) for the requested modification(s).  The petition shall be signed by the property owner(s), or petitioner with the written consent of the property owner(s), to be filed with the Office of the Administrator.  The matter will be set for a hearing as would a petition for a rezoning with the notice requirements associated therewith to be strictly adhered to and followed.  Modification of said written commitment(s) will be considered using the standard that applied to the original action resulting in the subject commitment(s).

(Ord. 121410, passed 1-11-2011)