IN Code § 36-7-13-12 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 13. Industrial Development|36-7-13-12. Designation of District; Resolution; Findings; Duration; Notice Requirements; Information to Taxing Units; Budget Agency Proceedings

Sec. 12. (a) If a municipal or county executive has submitted an application to an advisory commission on industrial development requesting that an area be designated as a district under this chapter and the advisory commission has compiled and prepared the information required under section 11 of this chapter concerning the area, the advisory commission may adopt a resolution designating the area as a district if it makes the findings described in subsection (b), (c), (d), or (e). In a county described in subsection (c), an advisory commission may designate more than one (1) district under subsection (c).(b) For an area located in a county having a population of more than one hundred thirty-five thousand (135,000) but less than one hundred thirty-eight thousand (138,000), an advisory commission may adopt a resolution designating a particular area as a district only after finding all of the following:(1) The area contains a building or buildings:(A) with at least one million (1,000,000) square feet of usable interior floor space; and(B) that is or are vacant or will become vacant due to the relocation of an employer.(2) At least one thousand (1,000) fewer persons are employed in the area than were employed in the area during the year that is ten (10) years previous to the current year.(3) There are significant obstacles to redevelopment of the area due to any of the following problems:(A) Obsolete or inefficient buildings.(B) Aging infrastructure or inefficient utility services.(C) Utility relocation requirements.(D) Transportation or access problems.(E) Topographical obstacles to redevelopment.(F) Environmental contamination.(4) The unit has expended, appropriated, pooled, set aside, or pledged at least one hundred thousand dollars ($100,000) for purposes of addressing the redevelopment obstacles described in subdivision (3).(5) The area is located in a county having a population of more than one hundred thirty-five thousand (135,000) but less than one hundred thirty-eight thousand (138,000).(c) For a county having a population of more than one hundred fifteen thousand (115,000) but less than one hundred twenty-five thousand (125,000), an advisory commission may adopt a resolution designating not more than three (3) areas as districts. An advisory commission may designate an area as a district only after finding the following:(1) The area meets at least one (1) of the following conditions:(A) The area meets the following conditions:(i) The area contains a building with at least seven hundred ninety thousand (790,000) square feet.(ii) At least eight hundred (800) fewer people are employed in the area than were employed in the area during the year that is fifteen (15) years previous to the current year.(iii) The area is located in or is adjacent to an industrial park.(B) The area meets the following conditions:(i) The area contains a building with at least three hundred eighty-six thousand (386,000) square feet.(ii) At least four hundred (400) fewer people are employed in the area than were employed in the area during the year that is fifteen (15) years previous to the current year.(iii) The area is located in or is adjacent to an industrial park.(C) The area meets the following conditions:(i) The area contains a building with at least one million (1,000,000) square feet.(ii) At least seven hundred (700) fewer people are employed in the area than were employed in the area on January 1, 2008.(2) There are significant obstacles to redevelopment of the area due to any of the following problems:(A) Obsolete or inefficient buildings.(B) Aging infrastructure or inefficient utility services.(C) Utility relocation requirements.(D) Transportation or access problems.(E) Topographical obstacles to redevelopment.(F) Environmental contamination.(3) The area is located in a county having a population of more than one hundred fifteen thousand (115,000) but less than one hundred twenty-five thousand (125,000).(d) For an area located in a county having a population of more than two hundred fifty thousand (250,000) but less than two hundred seventy thousand (270,000), an advisory commission may adopt a resolution designating a particular area as a district only after finding all of the following:(1) The area contains a building or buildings:(A) with at least one million five hundred thousand (1,500,000) square feet of usable interior floor space; and(B) that is or are vacant or will become vacant.(2) At least eighteen thousand (18,000) fewer persons are employed in the area at the time of application than were employed in the area before the time of application.(3) There are significant obstacles to redevelopment of the area due to any of the following problems:(A) Obsolete or inefficient buildings.(B) Aging infrastructure or inefficient utility services.(C) Utility relocation requirements.(D) Transportation or access problems.(E) Topographical obstacles to redevelopment.(F) Environmental contamination.(4) The unit has expended, appropriated, pooled, set aside, or pledged at least one hundred thousand dollars ($100,000) for purposes of addressing the redevelopment obstacles described in subdivision (3).(5) The area is located in a county having a population of more than two hundred fifty thousand (250,000) but less than two hundred seventy thousand (270,000).(e) For an area located in a county having a population of more than three hundred thousand (300,000) but less than four hundred thousand (400,000), an advisory commission may adopt a resolution designating a particular area as a district only after finding all of the following:(1) The area contains a building or buildings:(A) with at least eight hundred thousand (800,000) gross square feet; and(B) having leasable floor space, at least fifty percent (50%) of which is or will become vacant.(2) There are significant obstacles to redevelopment of the area due to any of the following problems:(A) Obsolete or inefficient buildings as evidenced by a decline of at least seventy-five percent (75%) in their assessed valuation during the preceding ten (10) years.(B) Transportation or access problems.(C) Environmental contamination.(3) At least four hundred (400) fewer persons are employed in the area than were employed in the area during the year that is fifteen (15) years previous to the current year.(4) The area has been designated as an economic development target area under IC 6-1.1-12.1-7.(5) The unit has appropriated, pooled, set aside, or pledged at least two hundred fifty thousand dollars ($250,000) for purposes of addressing the redevelopment obstacles described in subdivision (2).(6) The area is located in a county having a population of more than three hundred thousand (300,000) but less than four hundred thousand (400,000).(f) The advisory commission, or the county or municipal legislative body, in the case of a district designated under section 10.5 of this chapter, shall designate the duration of the district. However, a district must terminate not later than fifteen (15) years after the income tax incremental amount or gross retail incremental amount is first allocated to the district.(g) Upon adoption of a resolution designating a district, the advisory commission shall:(1) publish notice of the adoption and substance of the resolution in accordance with IC 5-3-1; and(2) file the following information with each taxing unit in the county where the district is located:(A) A copy of the notice required by subdivision (1).(B) A statement disclosing the impact of the district, including the following:(i) The estimated economic benefits and costs incurred by the district, as measured by increased employment and anticipated growth of property assessed values.(ii) The anticipated impact on tax revenues of each taxing unit.The notice must state the general boundaries of the district.(h) Upon completion of the actions required by subsection (g), the advisory commission shall submit the resolution to the budget committee for review and recommendation to the budget agency. If the budget agency fails to take action on a resolution designating a district within one hundred twenty (120) days after the date that the resolution is submitted to the budget committee, the designation of the district by the resolution is considered approved.(i) When considering a resolution, the budget committee and the budget agency must make the following findings:(1) The area to be designated as a district meets the conditions necessary for designation as a district.(2) The designation of the district will benefit the people of Indiana by protecting or increasing state and local tax bases and tax revenues for at least the duration of the district.(j) The income tax incremental amount and the gross retail incremental amount may not be allocated to the district until the resolution is approved under this section.As added by P.L.125-1998, SEC.16. Amended by P.L.1-1999, SEC.81; P.L.138-1999, SEC.5; P.L.174-2001, SEC.8; P.L.170-2002, SEC.159; P.L.224-2003, SEC.238; P.L.81-2004, SEC.34 and P.L.90-2004, SEC.7; P.L.199-2005, SEC.32; P.L.113-2010, SEC.131; P.L.119-2012, SEC.205.