§ 36-7-4-1339 — Declaratory relief; challenge of ordinance

(a) This section applies to a person
having an interest in real property that may be subject to an impact fee
ordinance if the development occurs on the property.
(b) A person may seek to:
(1) have a court determine under IC 34-26-1 any question of
construction or validity arising under the impact fee ordinance;
and
(2) obtain a declaration of rights, status, or other legal relations
under the ordinance.
(c) The validity of an impact fee ordinance adopted by a unit or the
validity of the application of the ordinance in a specific impact zone
may be challenged under this section on any of the following grounds:
(1) The unit has not provided for a zone improvement plan in the
unit's comprehensive plan.
(2) The unit did not prepare or substantially update the unit's zone
improvement plan in the year preceding the adoption of the
impact fee ordinance.
(3) The unit has not identified the revenue sources the unit
intends to use to implement the zone improvement plan, if
identification of the revenue sources is required under section
1318(c) of this chapter.
(4) The unit has not complied with the requirements of section
1318(f) of this chapter.
(5) The unit has not made adequate revenue available to complete
infrastructure improvements identified in the unit's zone
improvement plan.
(6) The impact fee ordinance imposes fees on new development
that will not create a need for additional infrastructure.
(7) The impact fee ordinance imposes on new development fees
that are excessive in relation to the infrastructure needs created by
the new development.
(8) The impact fee ordinance does not allow for reasonable credits
to fee payers.
(9) The unit imposed a prohibition or delay on new development
to enable the unit to complete the adoption of an impact fee
ordinance.
(10) The unit otherwise fails to comply with this series in the
adoption of an impact fee ordinance.

Legislative History

As added by P.L.221-1991, SEC.40. Amended by P.L.1-1998, SEC.206.