§ 36-7-4-1311 — Ordinance; jurisdiction to adopt; impact fees and other charges

(a) 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(a)(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.

Legislative History

As added by P.L.221-1991, SEC.12. Amended by P.L.149-2016, SEC.97.