§ 36-7.5-4.5-17 — Transit development district; establishment; conditions; geographic area

Indiana § 36-7.5-4.5-17

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7.5: NORTHWEST INDIANA REGIONAL
• Ch. 4.5: Rail Transit Development Districts

Text

(a) The development authority may
establish a transit development district and may expand a district.
Before establishing a transit development district, the development
authority shall consult with the municipality in which the district will
be located. To establish or expand a district the development authority
must hold at least two (2) public hearings before establishing or
expanding the district.
(b) A district must satisfy the following conditions:
(1) Only one (1) district may be established with regard to each
train station or regular train stop.
(2) The district must be within a county that is a member or
associate member of the development authority or a financially
participating county under this chapter.
(3) The initial area of the district must not be more than
five-tenths (0.5) of a square mile but the area may be expanded
under subsection (d).
(4) The train station or regular train stop, including accompanying
parking lots (if applicable), must be located within the area of the
district.
(5) All parcels within the district must be contiguous.
The area of a district may include a tax area established under IC 36-7-14 before January 1, 2017.
(c) Notwithstanding subsection (b), a district may be established in
a municipality that is located in a county that is a member of the
development authority and has operated:
(1) regularly scheduled commuter bus services to Chicago,
Illinois, with prior financial assistance from the development
authority; and
(2) shuttle bus services that transport riders to:
(A) a train station; or
(B) a regular train stop;
along the Chicago to South Bend line.
(d) The development authority shall adopt a resolution to establish
a district. The resolution must include:
(1) the termination date of the district in accordance with
subsection (g); and
(2) findings by the development authority specifying that the
conditions set forth in subsection (b) or (c) are satisfied.
A district may not be reduced in territory once established or expanded
to be more than one (1) square mile. A district's territory may be
expanded subject to the other conditions set forth in subsection (b) or
(c). A district may be expanded only one (1) time under this chapter.
The development authority shall transmit a copy of any resolution
establishing or expanding a district to the budget director, who shall
distribute it to the members of the budget committee.
(e) The date a district becomes established or an expansion of a
district becomes effective may not be earlier than the date the budget
committee reviews the establishment or expansion of the district.
(f) The establishment of a district does not provide the development
authority with any powers or preempt any authority of a political
subdivision having jurisdiction in the district concerning the regulation
of property or its uses, including planning and zoning provisions of the
political subdivision.
(g) A district terminates at the earlier of:
(1) the end of the year in which all financing obligations entered
into under this chapter for a project within the district are
satisfied; or
(2) June 30, 2047.

Legislative History

As added by P.L.248-2017, SEC.10. Amended by P.L.210-2023, SEC.1.