§ 36-7-4-1335 — Fee payer credits; infrastructure or improvements; amount of credit

(a) As used in this section,
"improvement" means an improvement under section 1313(2) of this
chapter or a site improvement, land, or real property interest as follows:
(1) That is to be used for at least one (1) of the infrastructure
purposes specified in section 1309 of this chapter.
(2) That is included in or intended to be used relative to an
infrastructure type for which the unit has imposed an impact fee
in the impact zone.
(3) That is not a type of improvement that is uniformly required
by law or rule for the type of development on which the impact
fee has been imposed.
(4) That is or will be:
(A) public property; or
(B) furnished or constructed under requirements of the unit and
is or will be available for use by other development in the area.
(5) That is beneficial to existing development and future
development in the impact zone and is not beneficial to only one
(1) development.
(6) That either:
(A) allows the removal of a component of infrastructure
planned for the impact zone;
(B) is a useful addition to the zone improvement plan; or
(C) is reasonably likely to be included in a future zone
improvement plan for the impact zone.
(7) That is:
(A) constructed, furnished, or guaranteed by a bond or letter of
credit under a request by an authorized official of the:
(i) applicable infrastructure agency; or
(ii) unit that imposed the impact fee; or
(B) required to be constructed or furnished under a written
commitment that:
(i) is requested by an authorized official of the applicable
infrastructure agency or the unit that imposed the impact fee;
(ii) concerns the use or developing of the development
against which the impact fee is imposed; and
(iii) is made under section 1015 of this chapter.
(b) A fee payer is entitled to a credit against an impact fee if the
owner or developer of the development constructs or provides:
(1) infrastructure that is an infrastructure type for which the unit
imposed an impact fee in the impact zone; or
(2) an improvement.
(c) A fee payer is entitled to a credit under this section for
infrastructure or an improvement that:
(1) is constructed or furnished relative to a development after
January 1, 1989; and
(2) meets the requirements of this section.
(d) The amount of a credit allowed under this section shall be
determined at the date the impact fee is assessed. However, if an
assessment is not requested, the amount of the credit shall be
determined at the time the structural building permit is issued. The
amount of the credit shall be:
(1) determined by the:
(A) person constructing or providing the infrastructure or
improvement; and
(B) applicable infrastructure agency; and
(2) equal to the sum of the following:
(A) The cost of constructing or providing the infrastructure or
improvement.
(B) The fair market value of land, real property interests, and
site improvements provided.
(e) The amount of a credit may be increased or decreased after the
date the impact fee is assessed if, between the date the impact fee is
assessed and the date the structural building permit is issued, there is
a substantial and material change in the cost or value of the
infrastructure or improvement that is constructed or furnished from the
cost or value determined under subsection (d). However, at the time the
amount of a credit is determined under subsection (d), the person
providing the infrastructure or improvement and the applicable
infrastructure agency may agree that the amount of the credit may not
be changed. The person providing the infrastructure or improvement
may waive the person's right to a credit under this section.

Legislative History

As added by P.L.221-1991, SEC.36. Amended by P.L.126-2011, SEC.43.