Sec. 1316.5. (a) This section only applies to an impact zone designated under section 1315 of this chapter after June 30, 2026. (b) Subject to subsection (c), a unit must include in an impact zone the geographical area necessary to ensure that: (1) there is a functional relationship between the components of the infrastructure type in the impact zone;
(2) the infrastructure type provides a reasonably uniform benefit throughout the impact zone; (3) all areas included in the impact zone are contiguous; and (4) the impact zone is: (A) contiguous to the new development; (B) coterminous with a: (i) utility service; or (ii) distribution line of a type described in section 1309(1) or 1309(5) of this chapter, that may be necessary for the new development to interconnect with existing utility infrastructure; or (C) located not more than five (5) miles from the infrastructure type described in section 1309(3) and 1309(4) of this chapter. (c) If a unit: (1) adopts an ordinance to adopt, renew, or amend an impact fee; or (2) has an existing impact fee ordinance that provides for an increase in the amount of an impact fee after a period of time; Then before a unit may adopt an ordinance under subdivision (1), or collect the increased impact fee under subdivision (2), the unit must comply with subsection (d). (d) The unit must hold a public hearing. Not less than forty-five (45) days before the date of the public hearing, the unit must do the following: (1) If the unit has a website, post on the website: (A) notice of the public hearing; (B) a summary of the impact fee proposed for adoption, renewal, amendment or subject to increase under an existing ordinance; and (C) the impact zone improvement plan. (2) Publish notice of the public hearing under IC 5-3-1 providing: (A) a summary of the impact fee proposed for adoption, renewal, amendment or subject to increase under an existing ordinance; (B) the web address (if any) where the information posted under subdivision (1) is located; and (C) the location where the public may inspect and copy the zone improvement plan. As added by P.L.73-2026, SEC.24.