Title 36, LOCAL GOVERNMENT

Sec. 1213. ADVISORY. This series authorizes each municipality and county to effect joinder with a contiguous township. [Pre-Local Government Recodification Citations: 18-7-4-1213; 18-7-6-14.] As added by Acts 1981, P.L.309, SEC.23.

Sec. 1300. This series (sections 1300 through 1399 of this chapter) may be cited as follows: 1300 SERIES — IMPACT FEES. As added by P.L.221-1991, SEC.1.

Sec. 1301. As used in this series, "community level of service" means a quantitative measure of the service provided by the infrastructure that is determined by a unit to be appropriate. As added by P.L.221-1991, SEC.2.

Sec. 1302. As used in this series, "current level of service" means a quantitative measure of service provided by existing infrastructure to support existing development. As added by P.L.221-1991, SEC.3.

Sec. 1303. As used in this series, "development" means an improvement of any kind on land. As added by P.L.221-1991, SEC.4.

Sec. 1304. (a) As used in this series, "fee payer" means the following: (1) A person who has paid an impact fee. (2) A person to whom a person who paid an impact fee has made a written assignment of rights concerning the impact fee. (3) A person who has assumed by operation of la…

Sec. 1305. (a) As used in this series, "impact fee" means a monetary charge imposed on new development by a unit to defray or mitigate the capital costs of infrastructure that is required by, necessitated by, or needed to serve the new development. (b) As used in this section, "c…

Sec. 1306. As used in this series, "impact fee ordinance" means an ordinance adopted under section 1311 of this chapter. As added by P.L.221-1991, SEC.7.

Sec. 1307. As used in this series, "impact zone" means a geographic area designated under section 1315 of this chapter. As added by P.L.221-1991, SEC.8.

Sec. 1308. As used in this series, "infrastructure" means the capital improvements that: (1) comprise: (A) a sanitary sewer system or wastewater treatment facility; (B) a park or recreational facility; (C) a road or bridge; (D) a drainage or flood control facility; or (E) a water…

Sec. 1309. As used in this series, "infrastructure type" means any of the following types of infrastructure covered by an impact fee ordinance: (1) Sewer, which includes sanitary sewerage and wastewater treatment facilities. (2) Recreation, which includes parks and other recreati…

Sec. 1310. As used in this series, "infrastructure agency" means a political subdivision or an agency of a political subdivision responsible for acquiring, constructing, or providing a particular infrastructure type. As added by P.L.221-1991, SEC.11.

Sec. 1311. (a) The legislative body of a unit may adopt an ordinance imposing an impact fee on new development in the geographic area over which the unit exercises planning and zoning jurisdiction. The ordinance must aggregate the portions of the impact fee attributable to the in…

Sec. 1312. (a) A unit may not adopt an impact fee ordinance under section 1311 of this series unless the unit has adopted a comprehensive plan under the 500 SERIES of this chapter for the geographic area over which the unit exercises planning and zoning jurisdiction. (b) Before t…

Sec. 1313. This series does not prohibit a unit from doing any of the following: (1) Imposing a charge to pay the administrative, plan review, or inspection costs associated with a permit for development. (2) Imposing, pursuant to a written commitment or agreement and as a condit…

Sec. 1314. (a) Except as provided in subsections (b) and (c), an impact fee ordinance must apply to any development: (1) that is in an impact zone; and (2) for which a unit may require a structural building permit. (b) An impact fee ordinance may not apply to an improvement that …

Sec. 1315. (a) An impact fee ordinance must establish an impact zone, or a set of impact zones, for each infrastructure type covered by the ordinance. An impact zone established for a particular infrastructure type is not required to be congruent with an impact zone established f…

Sec. 1316. (a) This section only applies to an impact zone designated under section 1315 of this chapter before July 1, 2026. (b) 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…

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 relations…

Sec. 1317. A unit must identify in the unit's impact fee ordinance the infrastructure agency that is responsible for acquiring, constructing, or providing each infrastructure type included in the impact fee ordinance. As added by P.L.221-1991, SEC.18.

Sec. 1318. (a) A unit may not adopt an impact fee ordinance under section 1311 of this chapter unless the unit has prepared or substantially updated a zone improvement plan for each impact zone during the immediately preceding one (1) year period. A single zone improvement plan m…

Sec. 1319. (a) A unit shall amend a zone improvement plan to make adjustments in the nature, location, and cost of infrastructure and the timing or sequencing of infrastructure installations to respond to the nature and location of development occurring in the impact zone. Approp…

Sec. 1320. (a) An impact fee ordinance must include: (1) a schedule prescribing for each impact zone the amount of the impact fee that is to be imposed for each infrastructure type covered by the ordinance; or (2) a formula for each impact zone by which the amount of the impact f…

Sec. 1321. (a) An impact fee schedule or formula described in section 1320 of this chapter shall be prepared so that the impact fee resulting from the application of the schedule or formula to a development meets the requirements of this section. However, this section does not re…

Sec. 1322. (a) Except as provided in subsection (b), an impact fee ordinance must require that, if the fee payer requests, an impact fee on a development must be assessed not later than thirty (30) days after the earlier of: (1) the date the fee payer obtains an improvement locat…

Sec. 1323. (a) Except as provided in section 1324 of this chapter, an impact fee assessed in compliance with section 1322 of this chapter is due and payable on the date of issuance of the structural building permit for the new development on which the impact fee is imposed. (b) F…

Sec. 1324. (a) An impact fee ordinance must include an installment payment plan. The installment payment plan must at least offer a fee payer the option of paying part of an impact fee in equal installment payments if the impact fee is greater than five thousand dollars ($5,000).…

Sec. 1325. (a) A unit may use any legal remedy to collect an impact fee imposed by the unit. A unit must bring an action to collect an impact fee and all penalties, costs, and collection expenses associated with a fee not later than ten (10) years after the fee or the prorated po…

Sec. 1326. (a) An impact fee ordinance may provide for a reduction in an impact fee for housing development that provides sale or rental housing, or both, at a price that is affordable to an individual or a family earning less than eighty percent (80%) of the median income for th…

Sec. 1327. An impact fee ordinance must provide a procedure through which the fee reduction decision made under section 1326 of this chapter may be appealed by the following persons: (1) The person requesting the fee reduction. (2) An infrastructure agency responsible for infrast…

Sec. 1328. A unit that provides a fee reduction under section 1326 of this chapter shall pay into the account or accounts established for the impact zone in which the fee was reduced an amount equal to the amount of the fee reduction. As added by P.L.221-1991, SEC.29.

Sec. 1329. (a) A unit imposing an impact fee shall establish a fund to receive amounts collected under this series. (b) Money in a fund established under subsection (a) at the end of the unit's fiscal year remains in the fund. Interest earned by the fund shall be deposited in the…

Sec. 1330. An impact fee collected under this series shall be used for the following purposes: (1) Providing funds to an infrastructure agency for the provision of new infrastructure that: (A) is necessary to serve the new development in the impact zone from which the fee was col…

Sec. 1331. (a) An infrastructure agency shall, within the time described in the zone improvement plan, construct infrastructure for which: (1) a zone improvement plan has been adopted; (2) an impact zone has been established; and (3) an impact fee has been collected. (b) A unit m…

Sec. 1332. (a) A fee payer is entitled to a refund of an impact fee if an infrastructure agency: (1) has failed to complete a part of the infrastructure for which the impact fee was imposed not later than: (A) twenty-four (24) months after the time described in section 1331 of th…

Sec. 1333. (a) A person against whom an impact fee has been assessed may appeal the amount of the impact fee. A unit may not deny issuance of a structural building permit on the basis that an impact fee has not been paid or condition issuance of the permit on the payment of an im…

Sec. 1334. An impact fee ordinance must set forth the reasons for which an appeal of the amount of an impact fee may be made. The impact fee ordinance must provide that an appeal of the amount of an impact fee may be made for the following reasons: (1) A fact assumption used in d…

Sec. 1335. (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…

Sec. 1336. (a) If the parties cannot agree on the cost or fair market value under section 1335(d) of this chapter, the fee payer or the person constructing or providing the infrastructure or improvement may file a petition for determination of the amount of the credit with the un…

Sec. 1337. An impact fee ordinance shall do the following: (1) Establish a method for reasonably allocating credits to fee payers in situations in which the person providing infrastructure or an improvement is not the fee payer. (2) Allow the person providing infrastructure or an…

Sec. 1338. (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 d…

Sec. 1339. (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 vali…

Sec. 1340. (a) An impact fee ordinance may take effect not earlier than six (6) months after the date on which the impact fee ordinance is adopted by a legislative body. (b) An impact fee may not be collected under an impact fee ordinance more than five (5) years after the effect…

Sec. 1341. A unit may not prohibit or delay new development to wait for the completion of all or a part of the process necessary for the development, adoption, or updating of an impact fee. As added by P.L.221-1991, SEC.42.

Sec. 1342. The general assembly finds that the powers of a local governmental unit to permit and provide for infrastructure are not limited by the provisions of this chapter except as expressly provided in this chapter. As added by P.L.221-1991, SEC.43.

Sec. 1400. (a) This section and sections 1401, 1401.5, 1402, 1403, 1404, 1405, and 1406 of this chapter apply only to development plans initially submitted after December 31, 1995. (b) This series (sections 1400 through 1499 of this chapter) may be cited as follows: 1400 SERIES)D…