Introduced Version
HOUSE BILL No. 1247
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 36-7-4.
Synopsis: Impact fees for schools. Authorizes a school corporation to
adopt a school impact fee resolution that imposes an impact fee on new
residential development. Provides that a school corporation may not
adopt an impact fee unless the school corporation's capital projects plan
includes the following components: (1) Projected school capacity needs
for the current year and for not less than the succeeding four year
period. (2) Estimated capital costs for the additional capacity needs. (3)
Identification and general description of each project. (4) The
estimated total cost of each project. (5) Identification of all sources of
funds expected to be used for each project. (6) The planning,
development, and construction schedule of each project. Provides that
a school impact fee is equal to the lesser of: (1) the proportionate share
of costs incurred or to be incurred by a school corporation to provide
school infrastructure that is required by, necessitated by, or needed to
serve the new residential development, minus the sum of any nonlocal
revenues, taxes, and charges that the fee payer and future owners of the
development will pay for use of the school infrastructure; or (2) an
amount equal to: (A) $1,000 for a each single family unit; (B) $750 for
each multiple family unit containing four or fewer family units; or (C)
$500 for each multiple family unit containing more than four (4) family
units.
Effective: July 1, 2011.
Cherry
January 12, 2011, read first time and referred to Committee on Education.
Introduced
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2010 Regular Session of the General Assembly.
HOUSE BILL No. 1247
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 36-7-4-1305; (11)IN1247.1.1. -->
SECTION 1. IC 36-7-4-1305 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1305. (a) As used in
this series, "impact fee" means a monetary charge imposed on new
development by a unit to defray or mitigate the capital costs of
infrastructure that is required by, necessitated by, or needed to serve
the new development.
(b) As used in this section, "capital costs" means the costs incurred
to provide additional infrastructure to serve new development,
including the following:
(1) Directly related costs of construction or expansion of
infrastructure,
including (in the case of an impact fee imposed
by a school corporation) school buildings and facilities, that
is
are necessary to serve the new development, including reasonable
design, survey, engineering, environmental, and other
professional fees that are directly related to the construction or
expansion.
(2) Directly related land acquisition costs, including costs
incurred for the following:
(A) Purchases of interests in land.
(B) Court awards or settlements.
(C) Reasonable appraisal, relocation service, negotiation
service, title insurance, expert witness, attorney, and other
professional fees that are directly related to the land
acquisition.
(3) Directly related debt service, subject to section 1330 of this
chapter.
(4) Directly related expenses incurred in preparing or updating the
comprehensive plan, or the zone improvement plan, or a school
capital projects plan, including all administrative, consulting,
attorney, and other professional fees, as limited by section 1330
of this chapter.
SOURCE: IC 36-7-4-1308; (11)IN1247.1.2. -->
SECTION 2. IC 36-7-4-1308 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1308. As used in this
series, "infrastructure" means the capital improvements that:
(1) comprise:
(A) a sanitary sewer system or wastewater treatment facility;
(B) a park or recreational facility;
(C) a road or bridge;
(D) a drainage or flood control facility; or
(E) a water treatment, water storage, or water distribution
facility; or
(F) school buildings and facilities;
(2) are:
(A) owned solely for a public purpose by:
(i) a unit; or
(ii) a corporation created by a unit; or
(iii) a school corporation; or
(iv) a school building corporation or school leasing
corporation;
(B) leased by a unit solely for a public purpose; and or
(C) leased by a school corporation solely for a public
purpose; and
(3) are included in:
(A) the zone improvement plan by the unit; or
(B) the zone improvement plan incorporated in a school
capital projects plan under section 1313.6 of this chapter;
of the impact zone in which the capital improvements are located.
The term includes site improvements or interests in real property
needed for a facility listed in subdivision (1).
SOURCE: IC 36-7-4-1309; (11)IN1247.1.3. -->
SECTION 3. IC 36-7-4-1309 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1309. As used in this
series, "infrastructure type" means any of the following types of
infrastructure covered by an impact fee ordinance or a school impact
fee resolution:
(1) Sewer, which includes sanitary sewerage and wastewater
treatment facilities.
(2) Recreation, which includes parks and other recreational
facilities.
(3) Road, which includes public ways and bridges.
(4) Drainage, which includes drains and flood control facilities.
(5) Water, which includes water treatment, water storage, and
water distribution facilities.
(6) School, which includes school buildings and facilities.
SOURCE: IC 36-7-4-1310.3; (11)IN1247.1.4. -->
SECTION 4. IC 36-7-4-1310.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1310.3. (a) As used in this series,
"residential development" means the construction of a building for
use and occupancy as a dwelling unit.
(b) The term does not include hotels, motels, recreational vehicle
parks, and similar developments intended solely for temporary or
seasonal occupancy.
SOURCE: IC 36-7-4-1310.5; (11)IN1247.1.5. -->
SECTION 5. IC 36-7-4-1310.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1310.5. As used in this series,
"school corporation" has the meaning set forth in IC 20-18-2-16.
SOURCE: IC 36-7-4-1310.7; (11)IN1247.1.6. -->
SECTION 6. IC 36-7-4-1310.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1310.7. As used in this series,
"school impact fee resolution" means a resolution adopted under
section 1311.5 of this chapter.
SOURCE: IC 36-7-4-1310.9; (11)IN1247.1.7. -->
SECTION 7. IC 36-7-4-1310.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1310.9. As used in this series,
"unit" includes a school corporation.
SOURCE: IC 36-7-4-1311; (11)IN1247.1.8. -->
SECTION 8. IC 36-7-4-1311 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1311. (a)
This section
does not apply to a school corporation. The legislative body of a unit
may adopt an ordinance imposing an impact fee on new development
in the geographic area over which the unit exercises planning and
zoning jurisdiction. The ordinance must aggregate the portions of the
impact fee attributable to the infrastructure types covered by the
ordinance so that a single and unified impact fee is imposed on each
new development.
(b) If the legislative body of a unit has planning and zoning
jurisdiction over the entire geographic area covered by the impact fee
ordinance, an ordinance adopted under this section shall be adopted in
the same manner that zoning ordinances are adopted under the 600
SERIES of this chapter.
(c) If the legislative body of a unit does not have planning and
zoning jurisdiction over the entire geographic area covered by the
impact fee ordinance but does have jurisdiction over one (1) or more
infrastructure types in the area, the legislative body shall establish the
portion of the impact fee schedule or formula for the infrastructure
types over which the legislative body has jurisdiction. The legislative
body of the unit having planning and zoning jurisdiction shall adopt an
impact fee ordinance containing that portion of the impact fee schedule
or formula if:
(1) a public hearing has been held before the legislative body
having planning and zoning jurisdiction; and
(2) each plan commission that has planning jurisdiction over any
part of the geographic area in which the impact fee is to be
imposed has approved the proposed impact fee ordinance by
resolution.
(d) An ordinance adopted under this section is the exclusive means
for a unit to impose an impact fee. An impact fee imposed on new
development to pay for infrastructure may not be collected after
January 1, 1992, unless the impact fee is imposed under an impact fee
ordinance adopted under this chapter.
(e) Notwithstanding any other provision of this chapter, the
following charges are not impact fees and may continue to be imposed
by units:
(1) Fees, charges, or assessments imposed for infrastructure
services under statutes in existence on January 1, 1991, if:
(A) the fee, charge, or assessment is imposed upon all users
whether they are new users or users requiring additional
capacity or services;
(B) the fee, charge, or assessment is not used to fund
construction of new infrastructure unless the new
infrastructure is of the same type for which the fee, charge, or
assessment is imposed and will serve the payer; and
(C) the fee, charge, or assessment constitutes a reasonable
charge for the services provided in accordance with
IC 36-1-3-8(6) or other governing statutes requiring that any
fees, charges, or assessments bear a reasonable relationship to
the infrastructure provided.
(2) Fees, charges, and assessments agreed upon under a
contractual agreement entered into before April 1, 1991, or fees,
charges, and assessments agreed upon under a contractual
agreement, if the fees, charges, and assessments are treated as
impact deductions under section 1321(d) of this chapter if an
impact fee ordinance is in effect.
SOURCE: IC 36-7-4-1311.5; (11)IN1247.1.9. -->
SECTION 9. IC 36-7-4-1311.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 1311.5. (a) This section applies to
the adoption of a school impact fee resolution and the imposition
of an impact fee by a school corporation.
(b) A plan commission shall notify each school corporation
located in whole or in part within the jurisdiction of the plan
commission of any new residential development that has been
approved for construction within the jurisdiction of the plan
commission.
(c) A school corporation may adopt a school impact fee
resolution that imposes an impact fee on new residential
development.
(d) A school impact fee resolution adopted under this section
must meet the requirements of sections 1313.6, 1314(c), 1320, 1321,
1322, 1334, and 1337 of this chapter.
(e) A school impact fee resolution is effective upon its approval
by the governing body of the school corporation.
(f) A school corporation is not required to meet the
requirements of section 1312 of this chapter before adopting a
school impact fee resolution under this section establishing an
impact fee.
(g) The boundaries of the impact zone are coterminous with the
boundaries of the school corporation.
(h) A school corporation may not adopt a school impact fee
resolution establishing an impact fee unless the school corporation
has prepared or substantially updated the school corporation's
capital projects plan during the immediately preceding one (1) year
period.
(i) A school corporation may not amend a school impact fee
resolution establishing an impact fee if the amendment makes a
significant change in an impact fee schedule or formula unless a
new or substantially updated capital improvement plan has been
approved by the school corporation within the immediately
preceding one (1) year period.
(j) The school corporation unit shall assess and administer the
collection of the impact fees imposed by the school corporation
under this series.
(k) A fee payer of an impact fee adopted by a school corporation
may petition the school corporation's impact fee review board
under section 1336 of this chapter. A person may file an action
under section 1339.5 of this chapter regarding an impact fee
established by a school corporation.
SOURCE: IC 36-7-4-1313; (11)IN1247.1.10. -->
SECTION 10. IC 36-7-4-1313 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1313. This series does
not prohibit a unit from doing any of the following:
(1) Imposing a charge to pay the administrative, plan review, or
inspection costs associated with a permit for development.
(2) Imposing, pursuant to a written commitment or agreement and
as a condition or requirement attached to a development approval
or authorization (including permitting or zoning decisions), an
obligation to dedicate, construct, or contribute goods, services,
land or interests in land, or infrastructure to a unit or to an
infrastructure agency. However, if the unit adopts or has already
adopted an impact fee ordinance under section 1311 of this
chapter or a school impact fee resolution under section 1311.5
of this chapter, the following apply:
(A) The person dedicating, contributing, or providing an
improvement under this subsection is entitled to a credit for
the improvement under section 1335 of this chapter.
(B) The cost of complying with the condition or requirement
imposed by the unit under this subdivision may not exceed the
impact fee that could have been imposed by the unit under
section 1321 of this chapter for the same infrastructure.
(3) Imposing new permit fees, charges, or assessments or
amending existing permit fees, charges, or assessments. However,
the permit fees, charges, or assessments must meet the
requirements of section 1311(e)(1)(A), 1311(e)(1)(B), and
1311(e)(1)(C) of this chapter, in the case of a unit that is not a
school corporation.
SOURCE: IC 36-7-4-1313.6; (11)IN1247.1.11. -->
SECTION 11. IC 36-7-4-1313.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1313.6. (a) As used in this section,
"capacity" means the number of students the school corporation's
facilities can accommodate as determined by the school
corporation.
(b) A school corporation may not adopt an impact fee under
section 1311.5 of this chapter unless the school corporation's
capital projects plan includes the following components of a zone
improvement plan:
(1) Projected school capacity needs for the current year and
for not less than the succeeding four (4) year period.
(2) Estimated capital costs for the additional capacity needs.
(3) Identification and general description of each project.
(4) The estimated total cost of each project.
(5) Identification of all sources of funds expected to be used
for each project.
(6) The planning, development, and construction schedule of
each project.
SOURCE: IC 36-7-4-1314; (11)IN1247.1.12. -->
SECTION 12. IC 36-7-4-1314 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1314. (a) Except as
provided in subsection (b), an impact fee ordinance must apply to any
development:
(1) that is in an impact zone; and
(2) for which a unit may require a structural building permit.
(b) An impact fee ordinance may not apply to an improvement that
does not create a need for additional infrastructure, including the
erection of a sign, the construction of a fence, or the interior renovation
of a building not resulting in a change in use.
(c) A school impact fee resolution must apply to any new
residential development:
(1) that is in an impact zone; and
(2) for which a unit may require a structural building permit.
SOURCE: IC 36-7-4-1315; (11)IN1247.1.13. -->
SECTION 13. IC 36-7-4-1315 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1315. (a) An impact fee
ordinance must establish an impact zone, or a set of impact zones, for
each infrastructure type covered by the ordinance. An impact zone
established for a particular infrastructure type is not required to be
congruent with an impact zone established for a different infrastructure
type.
In the case of a school corporation, the boundaries of the
impact zone are coterminous with the boundaries of the school
corporation. A school impact fee resolution may cover only school
infrastructure.
(b) An impact zone may not extend beyond the jurisdictional
boundary of an infrastructure agency responsible for the infrastructure
type for which the impact zone was established, unless an agreement
under IC 36-1-7 is entered into by the infrastructure agencies.
An
impact zone established in a school impact fee resolution may not
extend beyond the jurisdictional boundary of the school
corporation that adopts the school impact fee resolution.
(c) This subsection does not apply to fees collected under a
school impact fee resolution. If an impact zone, or a set of impact
zones, includes a geographic area containing territory from more than
one (1) planning and zoning jurisdiction, the applicable legislative
bodies and infrastructure agencies shall enter into an agreement under
IC 36-1-7 concerning the collection, division, and distribution of the
fees collected under the impact fee ordinance.
SOURCE: IC 36-7-4-1316; (11)IN1247.1.14. -->
SECTION 14. IC 36-7-4-1316 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1316. (a) This section
does not apply to an impact zone designated under a school impact
fee resolution.
(b) A unit must include in an impact zone designated under section
1315 of this chapter the geographical area necessary to ensure that:
(1) there is a functional relationship between the components of
the infrastructure type in the impact zone;
(2) the infrastructure type provides a reasonably uniform benefit
throughout the impact zone; and
(3) all areas included in the impact zone are contiguous.
SOURCE: IC 36-7-4-1317; (11)IN1247.1.15. -->
SECTION 15. IC 36-7-4-1317 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1317. This section
does not apply to a school corporation that adopts a school impact
fee resolution. A unit must identify in the unit's impact fee ordinance
the infrastructure agency that is responsible for acquiring, constructing,
or providing each infrastructure type included in the impact fee
ordinance.
SOURCE: IC 36-7-4-1318; (11)IN1247.1.16. -->
SECTION 16. IC 36-7-4-1318 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1318.
(a) This section
does not apply to a school impact fee resolution or a school impact
fee.
(a) (b) A unit may not adopt an impact fee ordinance under section
1311 of this chapter unless the unit has prepared or substantially
updated a zone improvement plan for each impact zone during the
immediately preceding one (1) year period. A single zone improvement
plan may be used for two (2) or more infrastructure types if the impact
zones for the infrastructure types are congruent.
(b) (c) Each zone improvement plan must contain the following
information:
(1) A description of the nature and location of existing
infrastructure in the impact zone.
(2) A determination of the current level of service.
(3) Establishment of a community level of service. A unit may
provide that the unit's current level of service is the unit's
community level of service in the zone improvement plan.
(4) An estimate of the nature and location of development that is
expected to occur in the impact zone during the following ten (10)
year period.
(5) An estimate of the nature, location, and cost of infrastructure
that is necessary to provide the community level of service for the
development described in subdivision (4). The plan must indicate
the proposed timing and sequencing of infrastructure installation.
(6) A general description of the sources and amounts of money
used to pay for infrastructure during the previous five (5) years.
(c) (d) If a zone improvement plan provides for raising the current
level of service to a higher community level of service, the plan must:
(1) provide for completion of the infrastructure that is necessary
to raise the current level of service to the community level of
service within the following ten (10) year period;
(2) indicate the nature, location, and cost of infrastructure that is
necessary to raise the current level of service to the community
level of service; and
(3) identify the revenue sources and estimate the amount of the
revenue sources that the unit intends to use to raise the current
level of service to the community level of service for existing
development. Revenue sources include, without limitation, any
increase in revenues available from one (1) or more of the
following:
(A) Adopting or increasing the following:
(i) The county adjusted gross income tax.
(ii) The county option income tax.
(iii) The county economic development income tax.
(iv) The annual license excise surtax.
(v) The wheel tax.
(B) Imposing the property tax rate per one hundred dollars
($100) of assessed valuation that the unit may impose to create
a cumulative capital improvement fund under IC 36-9-14.5 or
IC 36-9-15.5.
(C) Transferring and reserving for infrastructure purposes
other general revenues that are currently not being used to pay
for capital costs of infrastructure.
(D) Dedicating and reserving for infrastructure purposes any
newly available revenues, whether from federal or state
revenue sharing programs or from the adoption of newly
authorized taxes.
(d) (e) A unit must consult with a qualified engineer licensed to
perform engineering services in Indiana when the unit is preparing the
portions of the zone improvement plan described in subsections (b)(1),
(b)(2), (b)(5), and (c)(2). (c)(1), (c)(2), (c)(5), and (d)(2).
(e) (f) A zone improvement plan and amendments and modifications
to the zone improvement plan become effective after adoption as part
of the comprehensive plan under the 500 SERIES of this chapter or
adoption as part of the capital improvements program under section
503(5) of this chapter. If the unit establishing the impact fee schedule
or formula and establishing the zone improvement plan is different
from the unit having planning and zoning jurisdiction, the unit having
planning and zoning jurisdiction shall incorporate the zone
improvement plan as part of the unit's comprehensive plan and capital
improvement plan.
(f) (g) If a unit's zone improvement plan identifies revenue sources
for raising the current level of service to the community level of
service, impact fees may not be assessed or collected by the unit unless:
(1) before the effective date of the impact fee ordinance the unit
has available or has adopted the revenue sources that the zone
improvement plan specifies will be in effect before the impact fee
ordinance becomes effective; and
(2) after the effective date of the impact fee ordinance the unit
continues to provide adequate funds to defray the cost of raising
the current level of service to the community level of service,
using revenue sources specified in the zone improvement plan or
revenue sources other than impact fees.
SOURCE: IC 36-7-4-1319; (11)IN1247.1.17. -->
SECTION 17. IC 36-7-4-1319 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1319.
(a) This section
does not apply to a school impact fee resolution or a school impact
fee.
(a) (b) A unit shall amend a zone improvement plan to make
adjustments in the nature, location, and cost of infrastructure and the
timing or sequencing of infrastructure installations to respond to the
nature and location of development occurring in the impact zone.
Appropriate planning and analysis shall be carried out before an
amendment is made to a zone improvement plan.
(b) (c) A unit may not amend an impact fee ordinance if the
amendment makes a significant change in an impact fee schedule or
formula or if the amendment designates an impact zone or alters the
boundary of a zone, unless a new or substantially updated zone
improvement plan has been approved within the immediately preceding
one (1) year period.
SOURCE: IC 36-7-4-1320; (11)IN1247.1.18. -->
SECTION 18. IC 36-7-4-1320 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1320. (a) An impact fee
ordinance or a school impact fee resolution must include:
(1) a schedule prescribing for each impact zone the amount of the
impact fee that is to be imposed for each infrastructure type
covered by the ordinance or resolution; or
(2) a formula for each impact zone by which the amount of the
impact fee that is to be imposed for each infrastructure type
covered by the ordinance or resolution may be derived.
(b) A schedule or formula included in an impact fee ordinance or a
school impact fee resolution must provide an objective and uniform
standard for calculating impact fees that allows fee payers to accurately
predict the impact fees that will be imposed on new development.
SOURCE: IC 36-7-4-1321; (11)IN1247.1.19. -->
SECTION 19. IC 36-7-4-1321 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1321. (a) An impact fee
schedule or formula described in section 1320 of this chapter shall be
prepared so that the impact fee resulting from the application of the
schedule or formula to a development meets the requirements of this
section. However, this section does not require that a particular
methodology be used in preparing the schedule or formula.
(b) As used in this section, "impact costs" means a reasonable
estimate, made at the time the impact fee is assessed, of the following:
(1) In the case of an impact fee other than a school impact fee,
the proportionate share of the costs incurred or to be incurred by
the unit in providing infrastructure of the applicable type in the
impact zone that are necessary to provide the community level of
service for the development. The amount of impact costs may not
include the costs of infrastructure of the applicable type needed
to raise the current level of service in the impact zone to the
community level of service in the impact zone for development
that is existing at the time the impact fee is assessed.
(2) In the case of a school impact fee, the proportionate share
of costs incurred or to be incurred by a school corporation
that imposes an impact fee under section 1311.5 of this
chapter to provide school infrastructure in the impact zone
that is required by, necessitated by, or needed to serve the
new development.
(c) As used in this section, "nonlocal revenue" means a reasonable
estimate, made at the time the impact fee is assessed, of revenue that:
(1) will be received from any source (including but not limited to
state or federal grants) other than a local government source; and
(2) is to be used within the impact zone to defray the capital costs
of providing infrastructure of the applicable type.
(d) As used in this section, "impact deductions" means a reasonable
estimate, made at the time the impact fee is assessed, of the amounts
from the following sources that will be paid during the ten (10) year
period after assessment of the impact fee to defray the capital costs of
providing infrastructure of the applicable types to serve a development:
(1) Taxes levied by the unit or on behalf of the unit by an
applicable infrastructure agency or school corporation that the
fee payer and future owners of the development will pay for use
within the geographic area of the unit.
(2) Charges and fees, other than fees paid by the fee payer under
this chapter, that are imposed by any of the following for use
within the geographic area of the unit:
(A) An applicable infrastructure agency.
(B) A governmental entity.
(C) A not-for-profit corporation created for governmental
purposes.
Charges and fees covered by this subdivision include tap and
availability charges paid for extension of services or the provision
of infrastructure to the development.
(e) This subsection does not apply to a school corporation. An
impact fee on a development may not exceed:
(1) impact costs; minus
(2) the sum of nonlocal revenues and impact deductions.
(f) This subsection applies to a school corporation. An impact
fee on a development may not exceed the lesser of the following:
(1) Impact costs, minus the sum of nonlocal revenues and
impact deductions.
(2) An amount equal to:
(A) one thousand dollars ($1,000) for each single family
unit;
(B) seven hundred fifty dollars ($750) for each multiple
family unit containing four (4) or fewer family units; or
(C) five hundred dollars ($500) for each multiple family
unit containing more than four (4) family units.
SOURCE: IC 36-7-4-1322; (11)IN1247.1.20. -->
SECTION 20. IC 36-7-4-1322 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1322. (a) Except as
provided in subsection (b), an impact fee ordinance
or a school impact
fee resolution must require that, if the fee payer requests, an impact fee
on a development must be assessed not later than thirty (30) days after
the earlier of:
(1) the date the fee payer obtains an improvement location permit
for the development; or
(2) the date that the fee payer voluntarily submits to the unit a
development plan for the development and evidence that the
property is properly zoned for the proposed development. The
plan shall be in the form prescribed by the unit's zoning ordinance
or, in the case of a school corporation, the school
corporation's school impact fee resolution and shall contain
reasonably sufficient detail for the unit to calculate the impact fee.
(b) An impact fee ordinance
or a school impact fee resolution may
provide that if a proposed development is of a magnitude that will
require revision of the zone improvement plan in order to appropriately
serve the new development, the unit shall revise the unit's zone
improvement plan and,
if necessary, a unit that is a school
corporation shall revise the school corporation's capital projects
plan. A unit shall assess an impact fee on a development not later than
one hundred eighty (180) days after the earlier of the following:
(1) The date on which the fee payer obtains an improvement
location permit for the development.
(2) The date on which the fee payer submits to the unit a
development plan for a development and evidence that the
property is properly zoned for the proposed development. The
development plan must be in the form prescribed by the unit's
zoning ordinance
or, in the case of a school corporation, the
school corporation's school impact fee resolution and must
contain reasonably sufficient detail for the unit to calculate the
impact fee.
(c) An impact fee assessed under subsections (a) or (b) may be
increased only if the structural building permit has not been issued for
the development and the requirements of subsection (d) are satisfied.
In the case of a phased development, only a portion of an impact fee
assessed under subsection (a) or (b) that is attributable to the portion
of the development for which a permit has not been issued may be
increased if the requirements of subsection (d) are satisfied.
(d) Unless the improvement location permit or development plan
originally submitted for the development is changed so that the amount
of impact on infrastructure the development creates in the impact zone
is significantly increased, an impact fee assessed under:
(1) subsection (a)(1) or (b)(1) may not be increased for the period
of the improvement location permit's validity; and
(2) subsection (a)(2) or (b)(2) may not be increased for three (3)
years.
(e) An impact fee assessed under subsection (a) or (b) shall be
decreased if the improvement location permit or development plan
originally submitted for the development is changed so that the amount
of impact on infrastructure that the development creates in the impact
zone is significantly decreased. If a change occurs in the permit or plan
that results in a decrease in the amount of the impact fee after the fee
has been paid, the unit that collected the fee shall immediately refund
the amount of the overpayment to the fee payer.
(f) If the unit fails to assess an impact fee within the period required
by subsection (a) or (b), the unit may not assess an impact fee on the
development unless the development plan originally submitted for the
development is materially and substantially changed.
(g) Notwithstanding other provisions in this chapter, a unit may not
assess an impact fee against a development if:
(1) an improvement location permit has been issued for all or a
part of a development before adoption of an impact fee ordinance
that is in compliance with this chapter; and
(2) the development satisfies all of the following criteria:
(A) The development is zoned for commercial or industrial use
before January 1, 1991.
(B) The development will consist primarily of new buildings
or structures. As used in this clause, the term "new buildings
or structures" does not include additions or expansions of
existing buildings or structures.
(C) The parts of the development for which a structural
building permit has not been issued are owned or controlled by
the person that owned or controlled the development on
January 1, 1991.
(D) A structural building permit is issued for the development
not more than four (4) years after the effective date of the
impact fee ordinance.
(E) The development is part of a common scheme of
development that:
(i) involves land that is contiguous;
(ii) involves a plan for development that includes a survey
of the land, engineering drawings, and a site plan showing
the anticipated size, location, and use of buildings and the
anticipated location of streets, sewers, and drainage;
(iii) if plan approval is required, resulted in an application
being filed with an appropriate office, commission, or
official of the unit before January 1, 1991, that resulted or
may result in approval of any phase of the development plan
referred to in item (ii);
(iv) has been diligently pursued since January 1, 1991;
(v) resulted before January 1, 1991, in a substantial
investment in creating, publicizing, or implementing the
common scheme of development; and
(vi) involved the expenditure of significant funds before
January 1, 1991, for the provision of improvements, such as
roads, sewers, water treatment facilities, water storage
facilities, water distribution facilities, drainage systems, or
parks, that are on public lands or are available for other
development in the area.
(h) Notwithstanding any other provision of this chapter, this chapter
does not impair the validity of any contract between a unit and a fee
payer that was:
(1) entered into before January 1, 1991; and
(2) executed in consideration of zoning amendments or
annexations requested by the fee payer.
SOURCE: IC 36-7-4-1323; (11)IN1247.1.21. -->
SECTION 21. IC 36-7-4-1323 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1323. (a) Except as
provided in section 1324 of this chapter, an impact fee assessed in
compliance with section 1322 of this chapter is due and payable on the
date of issuance of the structural building permit for the new
development on which the impact fee is imposed.
(b) For a phased development, an impact fee shall be prorated for
purposes of payment according to the impact of the parcel for which a
structural building permit is issued in relation to the total impact of the
development. In accordance with section 1324 of this chapter, only the
prorated portion of the assessed impact fee is due and payable on the
issuance of the permit.
(c) If an impact fee ordinance or a school impact fee resolution is
repealed, lapses, or becomes ineffective after the assessment of an
impact fee on a development but before the issuance of the structural
building permit for part or all of the development:
(1) any part of the impact fee attributable to the part of the
development for which a structural building permit has not been
issued is void and is not due and payable, in the case of a phased
development; and
(2) the entire impact fee is void and is not due and payable, in the
case of a development other than a phased development.
SOURCE: IC 36-7-4-1324; (11)IN1247.1.22. -->
SECTION 22. IC 36-7-4-1324 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1324. (a) An impact fee
ordinance
or a school impact fee resolution must include an
installment payment plan. The installment payment plan must at least
offer a fee payer the option of paying part of an impact fee in equal
installment payments if the impact fee is greater than five thousand
dollars ($5,000). In an installment plan under this section:
(1) a maximum of five thousand dollars ($5,000) or five percent
(5%) of the impact fee, whichever is greater, may become payable
on the date the structural building permit is issued for the
development on which the fee is imposed;
(2) the first installment may not become due and payable less than
one (1) year after the date the structural building permit is issued
for the development on which the fee is imposed; and
(3) the last installment may not be due and payable less than two
(2) years after the date the structural building permit is issued for
the development on which the fee is imposed.
(b) An impact fee ordinance or a school impact fee resolution may
require an impact fee of five thousand dollars ($5,000) or less to be
paid in full on the date the structural building permit is issued for the
development on which the impact fee is imposed.
(c) An impact fee ordinance or a school impact fee resolution may
provide that a reasonable rate of interest, not to exceed the prejudgment
rate of interest in effect at the time the interest accrues, may be charged
if the fee payer elects to pay in installments. If interest is charged, the
ordinance or resolution must provide that interest accrues only on the
portion of the impact fee that is outstanding and does not begin to
accrue until the date the structural building permit is issued for the
development or the part of the development on which the impact fee is
imposed.
(d) An impact fee ordinance or a school impact fee resolution may
provide that if all or part of an installment is not paid when due and
payable, the amount of the installment shall be increased on the first
day after the installment is due and payable by a penalty amount equal
to ten percent (10%) of the installment amount that is overdue. If
interest is charged under subsection (c), the interest shall be charged on
the penalty amount.
SOURCE: IC 36-7-4-1325; (11)IN1247.1.23. -->
SECTION 23. IC 36-7-4-1325 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1325. (a) A unit may
use any legal remedy to collect an impact fee imposed by the unit. A
unit must bring an action to collect an impact fee and all penalties,
costs, and collection expenses associated with a fee not later than ten
(10) years after the fee or the prorated portion of the impact fee first
becomes due and payable.
(b) On the date a structural building permit is issued for the
development of property on which the impact fee is assessed, the unit
acquires a lien on the real property for which the permit is issued. For
a phased development, the amount of the lien may not exceed the
prorated portion of the impact fee due and payable in one (1) or more
installments at the time the structural building permit is issued.
(c) A lien acquired by a unit under this section is not affected by a
sale or transfer of the real property subject to the lien, including the
sale, exchange, or lease of the real property under IC 36-1-11.
(d) A lien acquired by a unit under this section continues for ten
(10) years after the impact fee or the prorated portion of the impact fee
becomes due and payable. However, if an action to enforce the lien is
filed within the ten (10) year period, the lien continues until the
termination of the proceeding.
(e) A holder of a lien of record on any real property on which an
impact fee is delinquent may pay the delinquent impact fee and any
penalties and costs. The amount paid by the lien holder is an additional
lien on the real property in favor of the lien holder and is collectible in
the same manner as the original lien.
(f) If a person pays an impact fee assessed against any real property,
the person is entitled to a receipt for the payment that is:
(1) on a form prescribed by the impact fee ordinance or school
impact fee resolution; and
(2) issued by a person designated in the impact fee ordinance or
school impact fee resolution.
SOURCE: IC 36-7-4-1326; (11)IN1247.1.24. -->
SECTION 24. IC 36-7-4-1326 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1326.
(a) This section
does not apply to a school impact fee resolution.
(a) (b) An impact fee ordinance may provide for a reduction in an
impact fee for housing development that provides sale or rental
housing, or both, at a price that is affordable to an individual or a
family earning less than eighty percent (80%) of the median income for
the county in which the housing development is located. If the housing
development comprises more than one (1) residential unit, the impact
fee reduction shall apply only to the residential units that are affordable
to an individual or a family earning less than eighty percent (80%) of
the median income of the county.
(b) (c) If the impact fee ordinance provides for a reduction in an
impact fee under subsection
(a), (b), the ordinance must:
(1) contain a schedule or formula that sets forth the amount of the
fee reduction for various types of housing development specified
in subsection
(a); (b);
(2) require that, as a condition of receiving the fee reduction, the
owner execute an agreement that:
(A) is binding for a period of at least five (5) years on the
owner and subsequent owners; and
(B) limits the tenancy of residential units receiving the fee
reduction to individuals or families who at the time the
tenancy is initiated are earning less than eighty percent (80%)
of the median income of the county;
(3) contain standards to be used in determining if a particular
housing development specified in subsection (a) (b) will receive
a fee reduction; and
(4) designate a board or an official of the unit to conduct the
hearing required by subsection (c). (d).
(c) (d) A fee reduction authorized by this section must be approved
by a board or official of the unit at a public hearing.
SOURCE: IC 36-7-4-1329; (11)IN1247.1.25. -->
SECTION 25. IC 36-7-4-1329 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1329. (a) A unit
imposing an impact fee shall establish a fund to receive amounts
collected under this series.
(b) Money in a fund established under subsection (a) at the end of
the unit's fiscal year remains in the fund. Interest earned by the fund
shall be deposited in the fund.
(c) The fiscal officer of the unit shall manage the fund according to
the provisions of this series. The fiscal officer shall annually report to
the unit's plan commission (or, in the case of a school corporation,
to any plan commission having jurisdiction in the territory of the
school corporation) and to each infrastructure agency (or governing
board, in the case of a school corporation) responsible for
infrastructure in an impact zone. The report must include the following:
(1) The amount of money in accounts established for the impact
zone.
(2) The total receipts and disbursements of the accounts
established for the impact zone.
(d) A separate account shall be established in the fund for each
impact zone established by the unit and for each infrastructure type
within each zone. Interest earned by an account shall be deposited in
that account.
SOURCE: IC 36-7-4-1330; (11)IN1247.1.26. -->
SECTION 26. IC 36-7-4-1330 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1330. An impact fee
collected under this series shall be used for the following purposes:
(1) Providing funds to an infrastructure agency
or school
corporation for the provision of new infrastructure that:
(A) is necessary to serve the new development in the impact
zone from which the fee was collected; and
(B) is identified in:
(i) the zone improvement plan by the unit; or
(ii) the capital projects plan by the school corporation.
(2) In an amount not to exceed five percent (5%) of the annual
collections of an impact fee, for expenses incurred by the unit or
school corporation that paid for the consulting services that were
used to establish the impact fee ordinance or school impact fee
resolution.
(3) Payment of a refund under section 1332 of this chapter.
(4) Payment of debt service on an obligation issued to provide
infrastructure described in subdivision (1).
SOURCE: IC 36-7-4-1331; (11)IN1247.1.27. -->
SECTION 27. IC 36-7-4-1331 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1331. (a) An
infrastructure agency or a school corporation shall, within the time
described in the zone improvement plan, construct infrastructure for
which:
(1) a zone improvement plan has been adopted;
(2) an impact zone has been established; and
(3) an impact fee has been collected.
(b) A unit may amend the unit's zone improvement plan, including
the time provided in the plan for construction of infrastructure, only if
the amount of expenditures provided for the construction of
infrastructure in the original plan does not decrease in any year and the
benefit to the overall impact zone does not decrease because of the
amendment.
SOURCE: IC 36-7-4-1332; (11)IN1247.1.28. -->
SECTION 28. IC 36-7-4-1332 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1332. (a) A fee payer
is entitled to a refund of an impact fee if an infrastructure agency
or a
school corporation:
(1) has failed to complete a part of the infrastructure for which the
impact fee was imposed not later than:
(A) twenty-four (24) months after the time described in section
1331 of this chapter; or
(B) a longer time as is reasonably necessary to complete the
infrastructure if unforeseeable and extraordinary
circumstances that are not in whole or in part caused by the
unit have delayed the construction;
(2) has unreasonably denied the fee payer the use and benefit of
the infrastructure during the useful life of the infrastructure; or
(3) has failed within the earlier of:
(A) six (6) years after issuance of the structural building
permit; or
(B) the anticipated infrastructure completion date as specified
in the zone improvement plan existing on the date the impact
fee was collected;
to make reasonable progress toward completion of the specific
infrastructure for which the impact fee was imposed or thereafter
fails to make reasonable progress toward completion.
(b) An application for a refund under subsection (a) must be filed
with the unit that imposed the impact fee not later than two (2) years
after the right to a refund accrues. A unit shall issue a refund in part or
in full or shall reject the application for refund not later than thirty (30)
days after receiving an application for a refund.
(c) If a unit approves a refund in whole or in part, the unit shall pay
the amount approved, plus interest from the date on which the impact
fee was paid to the date the refund is issued. The interest rate shall be
the same rate as the rate that the unit's impact fee ordinance or school
impact fee resolution provides for impact fee payments paid in
installments.
(d) If a unit rejects an application for refund or approves only a
partial refund, the fee payer may appeal not later than sixty (60) days
after the rejection or partial approval to the unit's impact fee review
board established under section 1338 of this chapter by filing with the
board an appeal on a form prescribed by the board. The board shall
issue instructions for completion of the form. The form and the
instructions must be clear, simple, and understandable to a lay person.
(e) An impact fee ordinance or a school impact fee resolution shall
designate the employee or official of the unit who is responsible for
accepting, rejecting, and paying a refund and interest.
(f) A unit's impact fee review board shall hold a hearing on all
appeals for a refund under this section. The hearing shall be held not
later than forty-five (45) days after the application for appeal is filed
with the board. A unit's impact fee review board shall provide notice of
the application for refund to the infrastructure agency or school
corporation responsible for the infrastructure for which the impact fee
was imposed.
(g) An impact fee review board holding a hearing under subsection
(f) shall determine the amount of a refund that shall be made to the fee
payer from the account established for the infrastructure for which the
fee was imposed. A refund ordered by the board must include interest
from the date the impact fee was paid to the date the refund is issued
at the same rate the ordinance or school impact fee resolution
provides for impact fee payments paid in installments.
(h) A party aggrieved by a final decision of an impact fee review
board in a hearing under subsection (f) may appeal to the circuit or
superior court of the county in which the unit is located and is entitled
to a trial de novo.
SOURCE: IC 36-7-4-1334; (11)IN1247.1.29. -->
SECTION 29. IC 36-7-4-1334 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1334. An impact fee
ordinance or a school impact fee resolution must set forth the reasons
for which an appeal of the amount of an impact fee may be made. The
impact fee ordinance or school impact fee resolution must provide
that an appeal of the amount of an impact fee may be made for the
following reasons:
(1) A fact assumption used in determining the amount of an
impact fee is incorrect.
(2) The amount of the impact fee is greater than the amount
allowed under sections 1320, 1321, and 1322 of this chapter.
SOURCE: IC 36-7-4-1335; (11)IN1247.1.30. -->
SECTION 30. IC 36-7-4-1335 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1335. (a) As used in
this section, "improvement" means an improvement under section
1313(2) of this chapter or a site improvement, land, or real property
interest as follows:
(1) That is to be used for:
(A) at least one (1) of the infrastructure purposes specified in
section 1309 of this chapter,
in the case of an impact fee
imposed by a unit other than a school corporation; or
(B) school buildings and facilities, in the case of an impact
fee imposed by a school corporation.
(2) That is included in or intended to be used relative to an
infrastructure type for which the unit has imposed an impact fee
in the impact zone.
(3) That is not a type of improvement that is uniformly required
by law or rule for the type of development on which the impact
fee has been imposed.
(4) That is or will be:
(A) public property; or
(B) furnished or constructed under requirements of the unit
and is or will be available for use by other development in the
area.
(5) That is beneficial to existing development and future
development in the impact zone and is not beneficial to only one
(1) development.
(6) That either:
(A) allows the removal of a component of infrastructure
planned for the impact zone;
(B) is a useful addition to the zone improvement plan; or
(C) is reasonably likely to be included in a future zone
improvement plan for the impact zone.
(7) That is:
(A) constructed, furnished, or guaranteed by a bond or letter
of credit under a request by an authorized official of the:
(i) applicable infrastructure agency; or
(ii) unit that imposed the impact fee; or
(B) required to be constructed or furnished under a written
commitment that:
(i) is requested by an authorized official of the applicable
infrastructure agency or the unit that imposed the impact
fee;
(ii) concerns the use or developing of the development
against which the impact fee is imposed; and
(iii) is made under section 613, 614, or 921 of this chapter.
(b) A fee payer is entitled to a credit against an impact fee if the
owner or developer of the development constructs or provides:
(1) infrastructure that is an infrastructure type for which the unit
imposed an impact fee in the impact zone; or
(2) an improvement.
(c) A fee payer is entitled to a credit under this section for
infrastructure or an improvement that:
(1) is constructed or furnished relative to a development after
January 1, 1989; and
(2) meets the requirements of this section.
(d) The amount of a credit allowed under this section shall be
determined at the date the impact fee is assessed. However, if an
assessment is not requested, the amount of the credit shall be
determined at the time the structural building permit is issued. The
amount of the credit shall be:
(1) determined by the:
(A) person constructing or providing the infrastructure or
improvement; and
(B) applicable infrastructure agency; and
(2) equal to the sum of the following:
(A) The cost of constructing or providing the infrastructure or
improvement.
(B) The fair market value of land, real property interests, and
site improvements provided.
(e) The amount of a credit may be increased or decreased after the
date the impact fee is assessed if, between the date the impact fee is
assessed and the date the structural building permit is issued, there is
a substantial and material change in the cost or value of the
infrastructure or improvement that is constructed or furnished from the
cost or value determined under subsection (d). However, at the time the
amount of a credit is determined under subsection (d), the person
providing the infrastructure or improvement and the applicable
infrastructure agency may agree that the amount of the credit may not
be changed. The person providing the infrastructure or improvement
may waive the person's right to a credit under this section.
SOURCE: IC 36-7-4-1337; (11)IN1247.1.31. -->
SECTION 31. IC 36-7-4-1337 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1337. An impact fee
ordinance or a school impact fee resolution shall do the following:
(1) Establish a method for reasonably allocating credits to fee
payers in situations in which the person providing infrastructure
or an improvement is not the fee payer.
(2) Allow the person providing infrastructure or an improvement
to designate in writing a reasonable and administratively feasible
method of allocating credits to future fee payers.
SOURCE: IC 36-7-4-1338; (11)IN1247.1.32. -->
SECTION 32. IC 36-7-4-1338 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1338. (a) Each unit that
adopts an impact fee ordinance or a school impact fee resolution shall
establish an impact fee review board consisting of three (3) citizen
members appointed by the executive of the unit or, in the case of a
school corporation, the governing body. A member of the board may
not be a member of the plan commission. An impact fee ordinance or
a school impact fee resolution must do the following:
(1) Set the terms the members shall serve on the board.
(2) Establish a procedure through which the unit's executive or,
in the case of a school corporation, the governing body shall
appoint a temporary replacement member meeting the
qualifications of the member being replaced in the case of conflict
of interest.
(b) An impact fee review board must consist of the following
members:
(1) One (1) member who is a real estate broker licensed in
Indiana.
(2) One (1) member who is an engineer licensed in Indiana.
(3) One (1) member who is a certified public accountant.
(c) An impact fee review board shall review the amount of an
impact fee assessed, the amount of a refund, and the amount of a credit
using the following procedures:
(1) The board shall fix a reasonable time for the hearing of
appeals.
(2) At a hearing, each party may appear and present evidence in
person, by agent, or by attorney.
(3) A person may not communicate with a member of the board
before the hearing with intent to influence the member's action on
a matter pending before the board.
(4) The board may reverse, affirm, modify, or otherwise establish
the amount of an impact fee, a credit, a refund, or any
combination of fees, credits, or refunds. For purposes of this
subdivision, the board has all the powers of the official of the unit
from which the appeal is taken.
(5) The board shall decide a matter that the board is required to
hear:
(A) at the hearing at which the matter is first presented; or
(B) at the conclusion of the hearing on the matter, if the matter
is continued.
(6) Within five (5) days after making a decision, the board shall
provide a copy of the decision to the unit and the fee payer
involved in the appeal.
(7) The board shall make written findings of fact to support the
board's decision.
SOURCE: IC 36-7-4-1339; (11)IN1247.1.33. -->
SECTION 33. IC 36-7-4-1339 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1339. (a) This section
applies to a person having an interest in real property that may be
subject to an impact fee ordinance
or a school impact fee resolution
if the development occurs on the property.
(b) A person may seek to:
(1) have a court determine under IC 34-26-1 any question of
construction or validity arising under the impact fee ordinance
or
school impact fee resolution; and
(2) obtain a declaration of rights, status, or other legal relations
under the ordinance
or resolution.
(c) The validity of an impact fee ordinance adopted by a unit or the
validity of the application of the ordinance in a specific impact zone
may be challenged under this section on any of the following grounds:
(1) The unit has not provided for a zone improvement plan in the
unit's comprehensive plan.
(2) The unit did not prepare or substantially update the unit's zone
improvement plan in the year preceding the adoption of the
impact fee ordinance.
(3) The unit has not identified the revenue sources the unit
intends to use to implement the zone improvement plan, if
identification of the revenue sources is required under section
1318(c) 1318(d) of this chapter.
(4) The unit has not complied with the requirements of section
1318(f) 1318(g) of this chapter.
(5) The unit has not made adequate revenue available to complete
infrastructure improvements identified in the unit's zone
improvement plan.
(6) The impact fee ordinance imposes fees on new development
that will not create a need for additional infrastructure.
(7) The impact fee ordinance imposes on new development fees
that are excessive in relation to the infrastructure needs created by
the new development.
(8) The impact fee ordinance does not allow for reasonable credits
to fee payers.
(9) The unit imposed a prohibition or delay on new development
to enable the unit to complete the adoption of an impact fee
ordinance.
(10) The unit otherwise fails to comply with this series in the
adoption of an impact fee ordinance.
(d) The validity of a school impact fee resolution or the validity
of the application of the resolution may be challenged under
section 1339.5 of this chapter.
SOURCE: IC 36-7-4-1339.5; (11)IN1247.1.34. -->
SECTION 34. IC 36-7-4-1339.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 1339.5. (a) This section applies to
a school impact fee resolution or a school impact fee adopted or
imposed by a school corporation.
(b) The validity of a school impact fee resolution adopted by the
governing body of a school corporation or the validity of the
application of the school impact fee may be challenged under this
section on any of the following grounds:
(1) The school corporation has not adopted a capital projects
plan that meets the requirements of IC 20-46-6 and section
1313.6 of this chapter.
(2) The school corporation did not prepare or substantially
update the school corporation's capital projects plan in the
year preceding the adoption of the school impact fee
resolution.
(3) The school impact fee resolution imposes on new
residential development fees that are excessive in relation to
the infrastructure needs created by the new residential
development.
(4) The school impact fee resolution does not allow for
reasonable credits to fee payers.
(5) The school corporation otherwise fails to comply with this
series in the adoption of the school impact fee resolution.
SOURCE: IC 36-7-4-1340; (11)IN1247.1.35. -->
SECTION 35. IC 36-7-4-1340 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1340. (a) An impact fee
ordinance
or a school impact fee resolution may take effect not earlier
than six (6) months after the date on which the:
(1) impact fee ordinance is adopted by a legislative body;
or
(2) school impact fee resolution is adopted by a governing
body.
(b) An impact fee may not be collected under an impact fee
ordinance
or a school impact fee resolution more than five (5) years
after the effective date of the ordinance
or resolution. However, a unit
may adopt a replacement impact fee ordinance
or replacement school
impact fee resolution if the replacement impact fee ordinance
or
replacement school impact fee resolution complies with the
provisions of this series.