Indiana § 36-7-4-1338 Impact fee review board; membership; powers and duties

Indiana Statutes

§ 36-7-4-1338 — Impact fee review board; membership; powers and duties

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

(a)Each unit that adopts an impact fee ordinance shall establish an impact fee review board consisting of three

(3)citizen members appointed by the executive of the unit. A member of the board may not be a member of the plan commission. An impact fee ordinance must do the following:

(1)Set the terms the members shall serve on the board.

(2)Establish a procedure through which the unit's executive shall appoint a temporary replacement member meeting the qualifications of the member being replaced in the case of conflict of interest.

(b)An impact fee review board must consist of the following members:

(1)One (1) member who is a real estate broker licensed in Indiana.

(2)One (1) member who is an engineer licensed in Indiana.

(3)One (1) member who is a certified public accountant.

(c)A

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(a) Each unit that adopts an impact fee
ordinance shall establish an impact fee review board consisting of three
(3) citizen members appointed by the executive of the unit. A member
of the board may not be a member of the plan commission. An impact
fee ordinance must do the following:
(1) Set the terms the members shall serve on the board.
(2) Establish a procedure through which the unit's executive shall
appoint a temporary replacement member meeting the
qualifications of the member being replaced in the case of conflict
of interest.
(b) An impact fee review board must consist of the following
members:
(1) One (1) member who is a real estate broker licensed in
Indiana.
(2) One (1) member who is an engineer licensed in Indiana.
(3) One (1) member who is a certified public accountant.
(c) An impact fee review board shall review the amount of an
impact fee assessed, the amount of a refund, and the amount of a credit
using the following procedures:
(1) The board shall fix a reasonable time for the hearing of
appeals.
(2) At a hearing, each party may appear and present evidence in
person, by agent, or by attorney.
(3) A person may not communicate with a member of the board
before the hearing with intent to influence the member's action on
a matter pending before the board.
(4) The board may reverse, affirm, modify, or otherwise establish
the amount of an impact fee, a credit, a refund, or any
combination of fees, credits, or refunds. For purposes of this
subdivision, the board has all the powers of the official of the unit
from which the appeal is taken.
(5) The board shall decide a matter that the board is required to
hear:
(A) at the hearing at which the matter is first presented; or
(B) at the conclusion of the hearing on the matter, if the matter
is continued.
(6) Within five (5) days after making a decision, the board shall
provide a copy of the decision to the unit and the fee payer
involved in the appeal.
(7) The board shall make written findings of fact to support the
board's decision.

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