§ 36-7-4-1312 — Ordinance; prerequisites to adoption

(a) A unit may not adopt an impact fee
ordinance under section 1311 of this series unless the unit has adopted
a comprehensive plan under the 500 SERIES of this chapter for the
geographic area over which the unit exercises planning and zoning
jurisdiction.
(b) Before the adoption of an impact fee ordinance under section
1311 of this chapter, a unit shall establish an impact fee advisory
committee. The advisory committee shall:
(1) be appointed by the executive of the unit;
(2) be composed of not less than five (5) and not more than ten
(10) members with at least forty percent (40%) of the membership
representing the development, building, or real estate industries;
and
(3) serve in an advisory capacity to assist and advise the unit with
regard to the adoption of an impact fee ordinance under section
1311 of this chapter.
(c) A planning commission or other committee in existence before
the adoption of an impact fee ordinance that meets the membership
requirements of subsection (b) may serve as the advisory committee
that subsection (b) requires.
(d) Action of an advisory committee established under subsection
(b) is not required as a prerequisite for the unit in adopting an impact
fee ordinance under section 1311 of this chapter.

Legislative History

As added by P.L.221-1991, SEC.13.