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Mccordsville City Zoning Code

PLANNED UNIT

DEVELOPMENTS

§ 154.160 PURPOSE, INTENT, USES, AND STANDARDS.

   (A)   Purpose and Intent. The purpose of these regulations is to provide greater design flexibility in the development of land when consistent with the Comprehensive Plan and the intent of this chapter and Chapter 153, the zoning and subdivision control ordinances. Planned unit development (PUD) regulations are intended to encourage innovations in land development techniques so that unique opportunities and circumstances may be met with greater flexibility. Planned unit developments should be used to address unique environmental concerns, provide a unique mix of land uses, and implement the Comprehensive Plan in ways not considered by the established zoning districts. A planned unit development should not be used if the proposed development can be created using established zoning districts.
   (B)   Uses. All uses are subject to the discretion and approval of the Town Council. Once uses are approved by the Council, they are granted by right or by special exception, as outlined in this subchapter. All land uses proposed in a planned unit development should be compatible with the intent of the Comprehensive Plan and the characteristics of surrounding land uses and zoning districts.
   (C)   Development requirements. Development requirements for all proposed planned unit developments shall be created by the applicant as part of the PUD submittal. All proposed development requirements are subject to the review and approval of the Plan Commission and the Town Council. Generally, the planned unit development shall provide standards for the development that replace (1) the lot standards established by §§ 154.040 and 154.041, and (2) each topic area regulated by §§ 154.110 through 154.121.
   (D)   Rules and procedures. All proceedings brought under this subchapter are subject to the rules and procedures of the Plan Commission.
   (E)   Limitation of subchapter amendments. Any initiative of the Plan Commission to amend this subchapter that would affect an approved planned unit development before its completion shall not be enforced on the planned unit development, except unless so provided within this subchapter. New amendments to this subchapter shall only apply to planned unit developments that have been declared abandoned, or for which an approval has expired.
   (F)   Origination of proposals. Any applicant may propose a planned unit development district in accordance with the procedures established in this subchapter. A parcel or site proposed for a planned unit development may or may not be under single ownership. However, if not under single ownership, the multiple owners must have a contractual agreement (1) not to develop the parcels separately, but in accordance with a single, unified plan, and (2) in which the separate owners have given their express intentions to enter into such private agreements and to assure its completion as planned and to the satisfaction of the Plan Commission.
(Ord. 121410, passed 1-11-2011; Ord. 121322C, passed 12-13-2022)

§ 154.161 GENERAL APPLICATION REQUIREMENTS.

   All applications may be obtained through the town online permit system. Fees shall be paid prior to the public hearing or when invoiced by the town, whichever occurs first.
   (A)   Application forms. All applications shall be made on forms provided by the Administrative Officer. All applicants shall submit applications by electronic means.
   (B)   Review schedule. All applications shall be assigned reference and/or docket numbers by the Administrative Officer, or his or her designee. Applications shall be scheduled by the Administrative Officer, or his or her designee, for the appropriate public hearings based on the completeness of the application consistent with the requirements of this subchapter and the adopted calendar of filing and meeting dates for the Plan Commission.
(Ord. 121410, passed 1-11-2011; Ord. 121322C, passed 12-13-2022)

§ 154.162 PLANNED UNIT DEVELOPMENT ORDINANCE.

   (A)   Purpose and intent. The purpose of the planned unit development ordinance is to provide a formal opportunity for the applicant and the Plan Commission to discuss the elements of the proposed PUD ordinance. The PUD ordinance dictates all design and development standards that will apply to the real estate.
   (B)   Pre-application meeting required. A PUD ordinance shall only be filed after the petitioner has met with the Administrative Officer, or his or her designee, to discuss the request.
   (C)   Application. The applicant shall submit a PUD ordinance application, an affidavit and consent of property owner(s) (if the owner is someone other than the petitioner), concept plan (as described herein), and any other supporting information.
   (D)   PUD ordinance data. The PUD ordinance may take the form of a booklet filed electronically. The following shall be included in the PUD ordinance submission:
      (1)   Site description. A description of the property involved, including:
         (a)   The legal description of the subject property and common address of the site; and
         (b)   The proposed name of the development (if applicable).
      (2)   Common holdings map. A map of any property adjacent to the property subject to the PUD ordinance owned or otherwise controlled by any or all of the petitioners. The common holdings map shall be accompanied by a general description of the future development of that property and its relationship to the area included in the PUD ordinance.
      (3)   Sewerage verification. A letter verifying that proper waste disposal will be available to the property. A letter from the Sewer Utility shall be included verifying that the proposed development shall be served, if requested by the Town Engineer.
      (4)   Existing site conditions. Aerial imagery of the subject site, with the following information superimposed on the imagery:
         (a)   Easements. All existing easements and an indication of their purpose.
         (b)   Topography. A topographic survey of the area with contour lines a maximum of two feet apart.
         (c)   Natural features. The location of natural streams, regulated drains, 100-year floodplains and floodways, water courses, wetlands (as identified by IDNR, IDEM, or an individual with a U.S. Army Corps of Engineers Regulation 4 Jurisdictional Wetland Certification), wooded areas, and isolated trees that are able to be preserved (with greater than an eight-inch DCH).
         (d)   Historic features. An identification of any historic features, specifically those listed as outstanding, notable, or contributing on the Indiana Historic Sites and Structures Inventory - Hancock County Interim Report or listed in the National Register of Historic Places and/or Indiana Register of Historic Sites and Structures.
         (e)   Right-of-way. Dimensioned measurements depicted existing rights-of-way either on the subject parcel or immediately adjacent.
         (f)   Utilities. Any utilities or utility facilities existing on the subject property.
         (g)   Other significant features. Any other significant feature(s) that may influence the design of the development.
      (5)   Proposed development. A concept plan of the proposed development of the property, including:
         (a)   Street systems. The layout and design of proposed street systems (including on-street parking, sidewalks, and the like);
         (b)   Land uses. The land use areas and number of acres within the development (including a specific list of the individual land uses permitted in each area and densities of any proposed residential uses);
         (c)   Open space. The proposed location, improvements to open space (including park facilities, natural areas, trail systems, and other common areas);
         (d)   Landscaping. The conceptual design of landscaping, buffering, and/or screening proposed for the development, wooded areas to be preserved;
         (e)   Natural features. Any natural features that will be preserved, conserved, or impact the overall site design shall be shown. A tree inventory may be required at the discretion of the Zoning Administrator, Plan Commission, or Town Council.
         (f)   Historic features. Any historic features that will be preserved, conserved, or impact the overall site design shall be shown.
         (g)   A concept plan which complies with § 153.016 and provides all necessary information for consideration as a primary plat, may be considered a primary plat. If the Plan Commission finds the concept plan meets the requirements for a primary plat, provides a favorable recommendation on the PUD ordinance, and the Town Council adopts the PUD ordinance, the concept plan shall be considered the approved concept plan and primary plat for the applicable real estate. In the case that the Plan Commission finds the concept plan not in compliance, but otherwise provides a favorable recommendation on the PUD ordinance, the petition shall be required to file a primary plat and follow the procedures of §§ 153.015 through 153.017. If the Plan Commission offers a negative recommendation or no recommendation on the PUD ordinance, and the Town Council approves the PUD ordinance, the primary plat shall be required to be re-filed with the Plan Commission and a new public hearing date set. If the Town Council denies the PUD ordinance, regardless of the Plan Commission’s action on the petition both the PUD ordinance and the primary plat shall be considered denied.
      (6)   Development requirements. Detailed text documenting the development requirements that will apply to development (including general lot size and dimensions, building setbacks, off-street
parking requirements, lighting standards, sign standards, landscaping requirements, and the like).
      (7)   Written commitments. A description of any written commitments that are being proposed as part of the development that are not encapsulated within the PUD ordinance.
      (8)   Covenants. A description of any private covenants and restrictions that will be established for the development, may be required at the rezone stage if requested by the Zoning Administrator.
      (9)   Drainage. A detailed drainage concept meeting the requirements of the Town Engineer.
      (10)   Project phasing. A statement of the proposed order of development of the major elements of the project, including phasing, if applicable, and the order and content of each phase.
      (11)   Supplemental information. Any other information requested by the Administrative Officer, Plan Commission, or Town Council to aid in the review of the PUD ordinance. This may include, but is not limited to: topic areas such as traffic; utilities; tree preservation; flood hazards; and architectural design standards.
   (E)   Technical Review Committee review. The concept plan shall be reviewed by a Technical Review Committee.
   (F)   Concept plan requirements. Planned unit developments shall be required to comply with Chapter 153, the subdivision control ordinance, (per I.C. 36-7-4-1513) and the provisions of § 154.208, or this chapter. In no instance shall the approval of a PUD be interpreted as waiving or modifying any subdivision control ordinance or site development plan processes. The concept plan and/or site development plan may be filed simultaneously for review by the Plan Commission.
   (G)   Architectural Review Committee review.
      (1)   Any proposed project shall provide architectural renderings and drawings of the proposed product to be constructed. If a specific product has not been selected, the petitioner shall provide illustrative architectural renderings or pictures that are in keeping with architectural elements and character required by the PUD ordinance.
      (2)   The Architectural Review Committee (ARC) shall review the materials to determine whether the proposed architectural character, building massing, scale, and overall aesthetic is appropriate for the subject real estate and whether the proposal is in keeping with the spirit and intent of the PUD ordinance. Any elements of the Comprehensive Plan, related to building massing, scale, building form, and the like shall also be taken into consideration.
      (3)   The ARC shall provide a recommendation no later than 60 days following the date the of the petition’s complete application filing.
      (4)   Possible action.
         (a)   Favorable recommendation. The proposed architectural elements shall be forwarded with a favorable recommendation if it is found to be consistent with the decision criteria listed above. Favorable recommendations may include suggested conditions for the Plan Commission’s consideration.
         (b)   Unfavorable recommendation. The application shall be forwarded with an unfavorable recommendation if it is found to be inconsistent with the decision criteria listed above. Unfavorable recommendations may include suggested conditions for the Plan Commission’
         (c)   No recommendation. The application may be forwarded with no recommendation if it is found that the application includes aspects that the ARC is not able to evaluate. The ARC may also forward a no recommendation in the event the ARC would like to request the Plan Commission provide the ARC with additional time to review the petition. The Plan Commission shall not be bound to provide a continuance. No recommendations may include suggested conditions for the Plan Commission’s consideration.
         (d)   Continued. The application may be continued based on a request by the ARC, Administrative Officer or petitioner. The application shall be continued in the case of an indecisive vote wherein the item is essentially tabled, a determination by the ARC that additional information is required prior to action being taken on the request, or if an appropriate representative of the application fails to appear at the public hearing.
      (5)   Following an ARC recommendation, the petition shall be placed on the next available Plan Commission agenda and set for a public hearing.
   (H)   Public hearing notification. Notification for the scheduled public hearing regarding the PUD ordinance shall be completed consistent with the requirements of this chapter and the rules and procedures of the Plan Commission.
   (I)   Plan Commission public hearing. The Plan Commission will, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates (but no later than 60 days following the receipt of a complete PUD ordinance application), review the application and required supporting information.
      (1)   Representation. Either the applicant or a representative of the applicant must be present at the public hearing to present the application and address any questions the Commission may have.
      (2)   Presentations. The Plan Commission shall consider a report from the Administrative Officer and/or Technical Review Committee and testimony from the petitioner, remonstrators, and other interested parties at the hearing. The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the rules and procedures of the Plan Commission.
      (3)   Possible action. The Plan Commission will in concurrence with established rules and procedure review the application and required supporting information. The PUD ordinance shall be forwarded to the Town Council with a favorable recommendation, forwarded with an unfavorable recommendation, forwarded with no recommendation or continued by the Commission. Per I.C. 36-7-4-1512 the Plan Commission may impose conditions or require written commitments from the applicant.
         (a)   Favorable recommendation. The PUD ordinance application shall be forwarded with a favorable recommendation if it is found to be consistent with the decision criteria listed below.
         (b)   Unfavorable recommendation. The application shall be forwarded with an unfavorable recommendation if it is found to be inconsistent with the decision criteria listed below.
         (c)   No recommendation. The application may be forwarded with no recommendation only if it is found that the application includes aspects that the Commission is not able to evaluate.
         (d)   Continued. The application may be continued based on a request by the Administrative Officer or petitioner. The application shall be continued in the case of an indecisive vote wherein the item is essentially tabled, a determination by the Plan Commission that additional information is required prior to action being taken on the request, or if an appropriate representative of the application fails to appear at the public hearing.
            1.   Additional legal notice shall not be required unless specified by the Plan Commission.
            2.   The continuing of all applications shall be consistent with the adopted rules and procedures of the Plan Commission.
      (4)   Certification of recommendations. The Plan Commission shall certify its recommendation by resolution to the Town Council within ten business days of its decision. The Administrative Officer, or his or her designee, shall forward to the Town Council appropriate copies of the Plan Commission certified decision.
   (J)   Town Council meeting. The Town Council shall hold a meeting and vote on the proposed PUD district ordinance (rezoning) within 90 days of its certification by the Plan Commission.
      (1)   Legal notice. Legal notice of action on the ordinance shall be provided consistent with Indiana law.
      (2)   Possible action. The Town Council may either approve or deny the PUD district ordinance (rezoning) consistent with the decision criteria provided by this section. The Town Council also may approve with modifications per I.C. 36-7-4-1512: such as impose conditions, require written commitments from the applicant, and/or condition the release of improvement location permits on the provision of adequate surety for any public improvements.
         (a)   Failure to act. If the Town Council fails to act within the 90-day time frame the ordinance shall become effective or be defeated consistent with the recommendation of the Plan Commission and the provisions for rezoning petitions of I.C. 36-7-4-608.
         (b)   Denial. If a PUD district ordinance (rezoning) is denied by the Town Council a one-year waiting period shall be imposed prior to the filing of a new preliminary plan for the same development.
         (c)   Reject or amend. If the Town Council rejects or amend the proposal, it shall be returned to the Plan Commission for its consideration, with a written statement of the reasons for the rejection or amendment. The Commission has 45 days in which to consider the rejection or amendment and report to the Town Council as follows:
            1.   If the Commission approves the amendment or fails to act within the 45-day period, the ordinance stands as passed by the Town Council as of the date of the filing of the Commission’s report of approval with the Town Council or the end of the 45-day period.
            2.   If the Commission disapproves the rejection or amendment, the action of the Town Council on the original rejection or amendment stands only if confirmed by another vote of the Town Council within 45 days after the Commission certifies it disapproval. If the Town Council fails to confirm its action, then the ordinance takes effect in the manner provided by I.C. 36-7-4-606(f).
         (d)   Approval. If the Town Council approves the rezoning, the land is officially rezoned upon the recording of the rezoning ordinance and any written commitments. The official zoning map must be amended to reflect the zoning change, the date of approval by the Town Council, and the ordinance number.
   (K)   PUD ordinance decision criteria. In reviewing the PUD ordinance petition, the Plan Commission and Town Council shall pay reasonable regard to the following, consistent with I.C. 36-7-4-603:
      (1)   Requirements and intent. The extent to which the proposal fulfills the requirements and intent of this subchapter and Chapter 153.
      (2)   Planning documents. The Comprehensive Plan and any other applicable, adopted planning studies or reports.
      (3)   Characteristics. The current conditions and the character of current structures and uses in each zoning district.
      (4)   Desired use. The most desirable use of which the land in each district is adapted.
      (5)   Property values. The conservation of collective property values throughout the town.
      (6)   Growth management. Responsible growth and development.
      (7)   Overlay requirements. Consistency with the requirements of all applicable overlay districts.
   (L)   Expiration of PUD ordinance. The development plan filing shall occur within 18 months of the date of PUD ordinance approval. If no development plan filing has occurred within that period, the PUD ordinance approval shall expire. An extension may be granted upon request to the Plan Commission at their discretion without the need for a public hearing. If the project is phased and was part of the PUD ordinance, the petitioner may submit partial development plans which correspond to the phases involved.
(Ord. 121410, passed 1-11-2011; Ord. 121322C, passed 12-13-2022)

§ 154.163 DEVELOPMENT PLAN.

   (A)   Shall follow the process and procedures outlined in § 154.208. If subdivision of land is required the process and procedures for primary and secondary platting, outlined in Chapter 153 shall apply.
   (B)   Pre-application meeting required. A planned unit development final detailed plan shall only be filed after the petitioner has met with the Administrative Officer, or his or her designee, to discuss the request.
   (C)   Application. The final detailed plan filing shall occur within 18 months of the date of preliminary plan approval. The petitioner shall submit a final detailed plan review application, affidavit and consent of property owner(s) (if the owner is someone other than the petitioner), a copy of the deed(s) for the property involved, the required filing fee, the final detailed plan, and any other supporting information.
   (D)   Final detailed plan data. The final detailed plan may take the form of a set of 24 inch by 36 inch sheets. The final detailed plan may include any graphics that will explain the features of the development. The following shall be included in the final detailed plan submission.
      (1)   Cover page and index. The cover sheet shall indicate that it is the final detailed plan for that particular development and include the date of submittal, an index identifying all sections/phases included in the final detailed plan document, and references to any separate sheets of information.
      (2)   Site description. A description of the property and petitioners involved, including:
         (a)   The name, mailing address, e-mail address, and telephone number of the applicant;
         (b)   The name, mailing address, e-mail address, and telephone number of any land surveyors, engineers, or other professionals responsible for the final detailed plan design;
         (c)   The legal description of the subject property and common address of the site; and
         (d)   The proposed name of the development (if applicable).
      (3)   Vicinity map. A vicinity map showing the use and zoning of all properties within 1,320 feet (1/4 mile) of the property subject to the final detailed plan. A site location diagram shall also be included.
      (4)   Common holdings map. A map of any property adjacent to the property subject to the final detailed plan that is owned or otherwise controlled by any or all of the applicants. The common holdings
map shall be accompanied by a general description of the future development of that property and its relationship to the area included in the final detailed plan. The general description may be in either text or map form and shall include, at a minimum, general land uses, general street patterns and access points, and general drainage designs.
      (5)   Existing site conditions. A site survey of all existing conditions on the subject property, including:
         (a)   Built features. All existing streets (including travel lanes, sidewalks, street trees, rights-of-way, and the like), established open spaces, structures, wells, utility lines and facilities, fire hydrants, and street lights.
         (b)   Easements. All existing easements and an indication of their purpose.
         (c)   Topography. A topographic survey extrapolated from USGS data or otherwise meeting the requirements of the Town Engineer.
         (d)   Natural features. The location of natural streams, regulated drains, 100-year floodplains and floodways (extrapolated from FEMA maps), water courses, wetlands (general locations as indicated by the National Wetlands Inventory), and wooded areas.
         (e)   Utilities. The general location of utilities serving the site, including sanitary sewer, water, electricity, natural gas, and data transmission.
         (f)   Historic features. An identification of any historic features, specifically those listed as outstanding, notable, or contributing on the Indiana Historic Sites and Structures Inventory - Hancock County Interim Report or listed in the National Register of Historic Places and/or Indiana Register of Historic Sites and Structures.
         (g)   Other features. Any other significant feature(s) that may influence the conceptual design of the development.
      (6)   Proposed development. A description of the proposed development of the property, including:
         (a)   Street systems. The general plan, profile, and description of proposed street systems.
         (b)   Land uses. The general land use areas within the development, including proposed densities of residential uses.
         (c)   Open space. The general location of open space.
         (d)   Landscaping. Detailed plan areas of landscaping, buffering, and/or screening proposed for the development.
         (e)   Lighting. A site lighting plan prepared by an electrical engineer licensed by the State of Indiana drawn to an appropriate scale with the scale clearly indicated and a graphic scale for reference, showing the type and location of all exterior lighting fixtures (site and building lighting). The lighting plan shall include a photometric drawing.
         (f)   Natural features. A description of the general accommodation of natural streams, regulated drains, 100-year floodplains and floodways, water courses, wetlands, and wooded areas identified above.
         (g)   Historic features. A description of the general accommodation of historic features, specifically those listed as outstanding, notable, or contributing on the Indiana Historic Sites and Structures Inventory - Hancock County Interim Report or listed in the National Register of Historic Places and/or Indiana Register of Historic Sites and Structures.
         (h)   Written commitments. A description of any written commitments that are being proposed as part of the development.
         (i)   Covenants. A general description of any private covenants and restrictions that may be established for the development.
         (j)   Drainage. A drainage plan meeting the requirements of the Town Engineer.
      (7)   Supplemental information. Any other information requested by the Administrative Officer or Plan Commission to aid in the review of the final detailed plan. This may included, but not be limited to, topic areas such as traffic, utilities, tree preservation, flood hazards, and architectural design standards.
   (E)   Administrative review by staff. Upon review, the Administrative Officer, or his or her designee, shall approve, approve with modifications, or deny the final detailed plan application.
      (1)   Approve. The application may be approved if it is found to be consistent with all applicable requirements and the intent of this chapter and the Comprehensive Plan. Staff may accept or require written commitments in recordable form from the petitioner as part of the approval. The Administrative Officer may require certain additional written commitments to be lettered on the plat of record.
      (2)   Approve with modifications. The application may be approved with modifications if it is generally consistent with all applicable requirements of this chapter. Staff may impose conditions on the approval of the final detailed plan, which shall become written commitments in a recordable format of the applicant. The Administrative Officer may require certain additional written commitments to be lettered on the plat of record.
      (3)   Deny. The application may be denied if it is found to be inconsistent with any applicable requirements and/or the intent of this chapter and/or the Comprehensive Plan.
      (4)   Continue. The application may be continued and referred back to the Plan Commission based on a request by the Administrative Officer, the petitioner, or the Town Council. The application shall be continued in the case of an indecisive vote wherein the item is essentially tabled, a determination by the Commission that additional information is required prior to action being taken on the request, or if an appropriate representative of the applicant fails to appear at the public hearing.
         (a)   Additional legal notice shall not be required unless specified by the Plan Commission.
         (b)   The continuing of all petitions shall be consistent with the adopted Rules and Procedures of the Commission.
      (5)   Re-filing following denial. If staff determines that there is not compliance with the ordinance, the applicant may re-file a revised final detailed plan within 90 days of the date of denial. The revised final detailed plan shall be reviewed as if it were a new application. final detailed plan applications that have been denied and not re-filed within the specified deadline shall not be re-filed for a period of one year from the date of the denial.
   (F)   Recording. All approved final detailed plans and modifications thereof shall automatically expire and become null and void unless recorded in the office of the Hancock County Recorder within two years of approval.
      (1)   Failure to record. Failure to record the plans and modifications in the time provided for above shall automatically void the approval of the final detailed plan.
      (2)   As-built drawings. If, upon completion of all development, the exact measurements as to the location of buildings or structures erected during the development are deemed desirable for public record by recording thereof, the developer shall submit a copy of the approved final detailed plan to the Administrative Officer as an amended approved final detailed plan with the exact measurements thereon shown, and upon being satisfied that the measurements are substantially the same as indicated on the original approved final detailed plan, the Administrative Officer shall re-approve, date, and sign the amended approved final detailed plan, which the developer shall then record.
   (G)   Improvement location permit. Final detailed plan approval is required prior to the issuance of an improvement location permit. An improvement location permit (consistent with this chapter) is required prior to any construction activity occurring on the subject property.
      (1)   Plat approval required. If a subdivision plat is required, plat approval consistent with the Subdivision Control Ordinance must also be obtained prior to the receipt of any improvement location permits.
      (2)   Supporting information. The Plan Commission may require any additional supporting information not already stated by this subchapter to be provided prior to the issuance of an improvement location permit.
(Ord. 121410, passed 1-11-2011; Ord. 121322C, passed 12-13-2022)

§ 154.164 WRITTEN COMMITMENTS.

   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 subchapter 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 subchapter.
      (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; Ord. 121322C, passed 12-13-2022)
Editor’s note:
   I.C. 36-7-4-615 was repealed by P.L.126-2011, Sed. 68.

§ 154.165 COVENANTS.

   Covenants shall be set forth in detail. The Plan Commission may review covenants that pertain to any written commitments, development requirements and/or common areas, swales, or drainage systems. A copy of the recorded covenants shall be provided to the Administrative Officer by the petitioner for the records of the Plan Commission.
   (A)   Lot owner’s association. Adequate provision shall be made for a private organization (i.e., lot owner’s association) with direct responsibility to, and control of, the lot owners involved. The lot owner’s association shall provide for the operation and maintenance of all common facilities, such as any common areas and ponds, in the best possible manner. Legal assurances shall be provided which show that the private organization is self-perpetuating.
   (B)   Service access to common areas. The covenants shall state that all common facilities and drainage systems not dedicated to the public shall be maintained by the private lot owner’s organization in such a manner that adequate access is provided for fire, police, health, sanitation, and public utility vehicles to service them. All streets, roadways, and common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
   (C)   Enforcement. Covenants shall be distinguished from written commitments and development requirements. Written commitments and development requirements are elements of the PUD approval and are enforceable by the Plan Commission. Covenants are private agreements that are not enforceable by the Plan Commission.
(Ord. 121410, passed 1-11-2011; Ord. 121322C, passed 12-13-2022)

§ 154.166 MODIFICATIONS.

   (A)   Minor modifications.
      (1)   (a)   Administration. The Administrative Officer may from time to time approve minor modifications of the concept plan consistent with I.C. 36-7-4-1511(i). The modifications shall be consistent with the purpose and intent of the overall development and the approved PUD ordinance. Such modifications shall not include any change in type of use, any increase in density, any lessening of aesthetic treatments, any alteration of frontage location, any change in the proportion or allocation of land uses, any change in location of uses outside the parameters set forth in the PUD, any change in functional use of open space, wherein the change constitutes an intensification of use in the open space, any change in the concept plan that creates a conflict with the intent of the PUD, or any alteration of the development requirements outside the parameters set forth in the PUD.
         (b)   Procedure. To request a minor modification, the property owner(s), developer, or applicant shall provide the Administrative Officer with a letter that identifies the PUD and the requested minor modification. The letter shall be accompanied by any necessary supporting drawings or other materials. The Administrative Officer, or his or her designee, shall provide a written response within 15 business days informing the applicant if the minor modification has been approved. All materials relating to the minor modification shall be kept on file with the other PUD materials in the office of the Plan Commission. The Administrative Officer shall place the written decision regarding the minor modification on the next available Technical Advisory Committee meeting. The Administrative Officer shall detail the findings of the decision at the meeting and advise any interested individuals or parties how they may appeal the decision.
      (2)   Appeal. Any affected party may appeal any minor modification decision by the Administrative Officer in accordance with the procedures outlined in § 154.204.
      (3)   Rules and procedures. The Plan Commission may, through its rules and procedures, establish rules governing the nature of proceedings required to make a minor modification under this subchapter.
   (B)   Major modifications. Major modifications shall include any change not considered a minor modification by the Administrative Officer, including, but not limited to, any change in type of use, any increase in density, any lessening of aesthetic treatments, any alteration of frontage location, any change in the proportion or allocation of land uses, any change in location of uses outside the parameters set forth in the PUD, any change in functional use of open space, wherein the change constitutes an intensification of use in the open space, any change in the concept plan that creates a conflict with the intent of the PUD, or any alteration of the development requirements outside the parameters set forth in the PUD, or any alteration of the development requirements. All major modifications shall require an amendment to the planned unit development ordinance, which shall follow the same process for an initial approval of the PUD ordinance.
(Ord. 121410, passed 1-11-2011; Ord. 121322C, passed 12-13-2022)

§ 154.167 EXPIRATION, ABANDONMENT, AND EXTENSIONS.

   (A)   Expiration. Approval of a development plan shall expire after a period of five years from the approval of the PUD ordinance, unless the development is 50% completed in terms of improvements including streets, parks, walkways, utility installations, and sanitary sewers. Determination of the amount of completion shall be made by the Plan Commission upon a recommendation by the Administrative Officer. Following expiration of a development plan, the Town Council of the Advisory Plan Commission may declare the bond to be in default and cause all public improvements to be installed according to the development plans.
   (B)   Abandonment. The planned unit development may be considered officially abandoned if, in the written opinion of the Administrative Officer, the development is incomplete and no, or minimal construction activity has occurred for a period of five consecutive years. Any outstanding surety for the project may be utilized by the Town Council in any manner deemed appropriate and associated with the project.
   (C)   Extensions. An extension, not to exceed six months, for accomplishing any processes required by this subchapter, or for resuming construction activity in an abandoned development may be granted by the Plan Commission upon a written request from the petitioner. All requests for extensions must occur a minimum of 30 days prior to the applicable deadline.
   (D)   Plan Commission rezoning. The Plan Commission, Town Council, or landowner may initiate a rezoning for any property included in a planned unit development that has been abandoned or for which the development plan approval has expired. Any rezoning by the Plan Commission shall meet all applicable requirements for the rezoning process provided by this subchapter.
(Ord. 121410, passed 1-11-2011; Ord. 121322C, passed 12-23-2022)