§ 36-7-30-32 — Conditions on property development; development fees

Indiana § 36-7-30-32

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 30: Reuse of Federal Military Bases

Text

(a) Notwithstanding any other law, a reuse
authority may:
(1) impose conditions on the development of any property in a
reuse area; and
(2) require the payment of development fees or other fees by
private persons to pay, defray, or mitigate the costs of the
construction, operation, and maintenance of infrastructure that is
required or needed to serve the development, redevelopment, and
reuse of property within the reuse area.
(b) Before a reuse authority may impose conditions under
subsection (a)(1), the reuse authority shall adopt a written resolution
finding that the conditions to be imposed are:
(1) necessary to carry out at least one (1) of the purposes of this
chapter; and
(2) reasonably related in nature and extent to the impact upon the
development, redevelopment, and reuse of the property upon
which the conditions are imposed.
(c) Before a reuse authority may impose fees under subsection
(a)(2), the reuse authority shall adopt a written resolution finding that:
(1) the infrastructure for which the fees are to be imposed is
necessary to carry out at least one (1) of the purposes of this
chapter and is required or needed to serve the development,
redevelopment, and reuse of the property within the reuse area;
and
(2) the fees to be imposed are reasonably related in nature and
extent to the impact upon the infrastructure attributable to the
development, redevelopment, and reuse of the property within the
reuse area upon which the fees are imposed.
(d) Conditions imposed under subsection (a)(1) must be approved
by the plan commission of the unit or other body responsible for
developing a general plan for the unit. To approve the conditions, the
plan commission or other body shall adopt a written resolution making
the same findings required to be made by the reuse authority under
subsection (b).
(e) Fees imposed under subsection (a)(2) must be deposited in the
appropriate fund of the unit responsible for constructing, operating, and
maintaining the particular infrastructure for which the fee has been
imposed.

Legislative History

As added by P.L.228-1997, SEC.4.