§ 36-7-4-1322 — Fee assessment date; increase or decrease in fees; developments against which fees may not be assessed; existing contracts

Indiana § 36-7-4-1322

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 4: Local Planning and Zoning

Text

(a) Except as provided in subsection (b),
an impact fee ordinance 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
and shall contain reasonably sufficient detail for the unit to
calculate the impact fee.
(b) An impact fee ordinance 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 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 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.

Legislative History

As added by P.L.221-1991, SEC.23.