Title 36, LOCAL GOVERNMENT

Sec. 1109.3. (a) This section applies if: (1) a zoning ordinance establishes a time within which an applicant must obtain a permit or commence or complete a permitted use; and (2) the local authority's decision to grant the applicant the permit is appealed. (b) The time specified…

Sec. 1109.4. (a) This section does not apply to the issuance of: (1) a design release or a plan review under IC 22-15; (2) a Class 2 permit according to the timeline set forth in IC 36-7-2.5 (after December 31, 2025); or (3) a permit according to the timeline set forth in section…

Sec. 1109.5. (a) As used in this section, "project" means a project that involves the siting, construction, or deployment of facilities, equipment, or infrastructure used in the generation of electricity by an entity other than any of the following: (1) A public utility (as defin…

Sec. 1111. In computing any period of time under this chapter, the day of the act, event, or default from which the designated period of time begins to run is not included. The last day of the computed period is to be included unless it is: (1) a Saturday; (2) a Sunday; (3) a leg…

Sec. 1200. This series (sections 1200 through 1299 of this chapter) may be cited as follows: 1200 SERIES)TOWNSHIP JOINDER. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.23.

Sec. 1201. ADVISORY. A township may join a municipality that has an advisory plan commission and has adopted zoning and subdivision control ordinances, if any part of the township is contiguous to: (1) a corporate boundary of the municipality; (2) an area over which the municipal…

Sec. 1202. (a) ADVISORY. In a county that has a county plan commission or a metropolitan plan commission, after the county has adopted: (1) a zoning ordinance that establishes reasonable districts for: (A) agricultural, residential, commercial, and industrial land uses; (B) adequ…

Sec. 1203. (a) ADVISORY. If a township wants to join a municipality for planning and zoning purposes, a petition, signed by fifty (50) freeholders, must be filed with the township executive. The township executive and the township legislative body shall hold a hearing within thir…

Sec. 1204. ADVISORY. Upon the receipt of a petition for joinder from a township, the municipal plan commission shall consider the petition. If the commission is favorable to it, it shall recommend joinder to the municipal legislative body. If the legislative body is favorable, it…

Sec. 1205. ADVISORY. If a township is contiguous to two (2) or more municipalities, the township may elect the municipality with which it wants to join. [Pre-Local Government Recodification Citations: 18-7-4-1205; 18-7-6-6.] As added by Acts 1981, P.L.309, SEC.23.

Sec. 1206. (a) ADVISORY. If a township is partially within the corporate boundaries of a municipality or is partially within the jurisdictional limits of a municipality, as specified in section 205 of the advisory planning law, it may seek joinder only with that municipality. (b)…

Sec. 1207. ADVISORY. If a township located in another county is contiguous to: (1) a municipal or county boundary; (2) an area over which a municipality is exercising planning and zoning authority; or (3) a township that has joined a municipality or county under the 1200 series o…

Sec. 1208. ADVISORY. If the petition is accepted, the planning and zoning jurisdiction of the municipality, or of the county under section 1207 of this chapter, extends to the township with the same effect as if the township was a part of the municipality or the county, as the ca…

Sec. 1209. ADVISORY. As a condition to the acceptance of the petition, the legislative body of a municipality or county may stipulate that the township contract with it for the payment of an equitable amount of the cost of planning and zoning within the township. If the municipal…

Sec. 1210. (a) ADVISORY. To implement the joinder agreement, the township executive, with the approval of the township legislative body, shall appoint additional members to the advisory plan commission. The number of additional appointments must be such that, when added to the me…

Sec. 1210.5. (a) ADVISORY. As used in this section, "municipality" refers to the most populous municipality in the jurisdiction of the plan commission. (b) ADVISORY. This section applies to a plan commission operating under a joinder agreement in Hamilton County. (c) ADVISORY. No…

Sec. 1210.6. (a) ADVISORY. This section applies to an advisory plan commission that is: (1) created through a joinder agreement; and (2) composed of nine (9) members, some of whom are appointed from a legislative branch of local government. (b) Notwithstanding any other provision…

Sec. 1211. ADVISORY. Fees collected for the issuance of permits or for the approval of subdivision plats shall be paid to the municipality or county, that the township joins, at the same rate and in the same manner as if the township was a part of that municipality or county. [Pr…

Sec. 1212. ADVISORY. Because long range planning studies of population, land use, schools, recreation, and public ways involve substantial expenditures, a township that joins with a municipality or county may not withdraw from the joinder, unless: (1) the municipality or county h…

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).…