Ind. Code » Title 36
Indiana Code

Ind. Code § 36-7-4-1512 (2025)

Power of legislative body to adopt or amend ordinance

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 1512. (a) When adopting or amending a PUD district ordinance, the legislative body of a unit may do the following:

(1) Impose reasonable conditions on a proposed planned unit development.

(2) Condition issuance of an improvement location permit on the furnishing of a bond or a satisfactorily written assurance guaranteeing the timely completion of a proposed public improvement in a planned unit development or serving a planned unit development.

(3) Allow or require an owner of real property to make a written commitment in the manner authorized under section 1015 of this chapter.

     (b) When recommending adoption of a PUD district ordinance to the legislative body, granting an approval under section 1511 of this chapter, or making a modification under section 1511(b) of this chapter, the bodies or persons authorized under section 1511(c) of this chapter may:

(1) impose the conditions described in subsection (a)(1) and (a)(2); and

(2) allow or require a written commitment as authorized under section 1015 of this chapter.

As added by P.L.320-1995, SEC.42. Amended by P.L.126-2011, SEC.46.

 

Notes of Decisions
Cited in 3 cases, 2003–2004 · leading case: Story Bed & Breakfast, LLP v. Brown Cnty. Area Plan Comm'n & Patricia N. March, 819 N.E.2d 55 (Ind. 2004).
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Story Bed & Breakfast, LLP v. Brown Cnty. Area Plan Comm'n & Patricia N. March, 819 N.E.2d 55 (Ind. 2004). · cites it 2× “" The Plan Commission asserts that the trial court properly concluded that at least nine of the restrictions were "conditions" imposed by the county pursuant to Indiana Code section 36-7-4-1512(b)(1) rather than "commitments" tendered by the landowner pursuant to Indiana Code…”
Story Bed & Breakfast, LLP v. Brown Cnty. Area Plan Comm'n, 789 N.E.2d 13 (Ind. Ct. App. 2003). · cites it 6× “9 Ind.Code § 36-7-4-1512. Complicating this issue further, negotiation between the property owner and the legislative body is inherent to the PUD process.”
Story Bed & Breakfast, LLP v. Brown Cnty. Area Plan Comm'n, 794 N.E.2d 519 (Ind. Ct. App. 2003). · cites it 2× “We do not challenge March's assertion that a PUD is a proper legislative enactment; rather, the issue is whether the land use restrictions attached to the Story property PUD are conditions under Indiana Code section 36-7-4-1512. Our reference to and rejection of Bixby was solely…”
Ind. Code § 36-7-4-1512(a)(8): 1 case
Story Bed & Breakfast, LLP v. Brown Cnty. Area Plan Comm'n, 789 N.E.2d 13 (Ind. Ct. App. 2003). “9 Ind.Code § 36-7-4-1512. Complicating this issue further, negotiation between the property owner and the legislative body is inherent to the PUD process.”
Ind. Code § 36-7-4-1512(b)(1): 1 case
Story Bed & Breakfast, LLP v. Brown Cnty. Area Plan Comm'n & Patricia N. March, 819 N.E.2d 55 (Ind. 2004). “" The Plan Commission asserts that the trial court properly concluded that at least nine of the restrictions were "conditions" imposed by the county pursuant to Indiana Code section 36-7-4-1512(b)(1) rather than "commitments" tendered by the landowner pursuant to Indiana Code…”
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