§ 36-7-4-1323 — Fee due date; proration; repeal or lapse of ordinance

(a) Except as provided in section 1324
of this chapter, an impact fee assessed in compliance with section 1322
of this chapter is due and payable on the date of issuance of the
structural building permit for the new development on which the
impact fee is imposed.
(b) For a phased development, an impact fee shall be prorated for
purposes of payment according to the impact of the parcel for which a
structural building permit is issued in relation to the total impact of the
development. In accordance with section 1324 of this chapter, only the
prorated portion of the assessed impact fee is due and payable on the
issuance of the permit.
(c) If an impact fee ordinance is repealed, lapses, or becomes
ineffective after the assessment of an impact fee on a development but
before the issuance of the structural building permit for part or all of
the development:
(1) any part of the impact fee attributable to the part of the
development for which a structural building permit has not been
issued is void and is not due and payable, in the case of a phased
development; and
(2) the entire impact fee is void and is not due and payable, in the
case of a development other than a phased development.

Legislative History

As added by P.L.221-1991, SEC.24.