This text of Indiana § 36-7-4-1318 (Ordinance; zone improvement plan preparation; contents of plan) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)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)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.
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(a) 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) 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) 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 local income tax (IC 6-3.6-6).
(ii) The county vehicle excise tax or the municipal vehicle
excise tax, as applicable.
(iii) The county wheel tax or the municipal wheel tax, as
applicable.
(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) 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).
(e) 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) 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.