reglab/housing_qa huggingface dataset:
IN Code § 36-7-4-1326 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1326. Ordinance; Special Reduced Rates for Affordable Housing Development

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 the county in which the housing development is located. If the housing development comprises more than one (1) residential unit, the impact fee reduction shall apply only to the residential units that are affordable to an individual or a family earning less than eighty percent (80%) of the median income of the county.(b) If the impact fee ordinance provides for a reduction in an impact fee under subsection (a), the ordinance must:(1) contain a schedule or formula that sets forth the amount of the fee reduction for various types of housing development specified in subsection (a);(2) require that, as a condition of receiving the fee reduction, the owner execute an agreement that:(A) is binding for a period of at least five (5) years on the owner and subsequent owners; and(B) limits the tenancy of residential units receiving the fee reduction to individuals or families who at the time the tenancy is initiated are earning less than eighty percent (80%) of the median income of the county;(3) contain standards to be used in determining if a particular housing development specified in subsection (a) will receive a fee reduction; and(4) designate a board or an official of the unit to conduct the hearing required by subsection (c).(c) A fee reduction authorized by this section must be approved by a board or official of the unit at a public hearing.As added by P.L.221-1991, SEC.27.
IN Code § 36-7-4-1327 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1327. Fee Reduction; Appeal Procedures

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 infrastructure of the applicable type for the impact zone in which the impact fee reduction is granted.As added by P.L.221-1991, SEC.28.
IN Code § 36-7-4-1328 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1328. Fee Reduction; Complementary Payment by Granting Unit

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.
IN Code § 36-7-4-1329 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1329. Fund for Impact Fee Collections; Establishment; Management; Reports

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 fund.(c) The fiscal officer of the unit shall manage the fund according to the provisions of this series. The fiscal officer shall annually report to the unit's plan commission and to each infrastructure agency responsible for infrastructure in an impact zone. The report must include the following:(1) The amount of money in accounts established for the impact zone.(2) The total receipts and disbursements of the accounts established for the impact zone.(d) A separate account shall be established in the fund for each impact zone established by the unit and for each infrastructure type within each zone. Interest earned by an account shall be deposited in that account.As added by P.L.221-1991, SEC.30.
IN Code § 36-7-4-1330 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1330. Use of Fees

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 collected; and(B) is identified in the zone improvement plan.(2) In an amount not to exceed five percent (5%) of the annual collections of an impact fee, for expenses incurred by the unit that paid for the consulting services that were used to establish the impact fee ordinance.(3) Payment of a refund under section 1332 of this chapter.(4) Payment of debt service on an obligation issued to provide infrastructure described in subdivision (1).As added by P.L.221-1991, SEC.31.
IN Code § 36-7-4-1331 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1331. Infrastructure Construction

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 may amend the unit's zone improvement plan, including the time provided in the plan for construction of infrastructure, only if the amount of expenditures provided for the construction of infrastructure in the original plan does not decrease in any year and the benefit to the overall impact zone does not decrease because of the amendment.As added by P.L.221-1991, SEC.32.
IN Code § 36-7-4-1334 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1334. Ordinance; Appeal Provision for Amount of Fees

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 determining the amount of an impact fee is incorrect.(2) The amount of the impact fee is greater than the amount allowed under sections 1320, 1321, and 1322 of this chapter.As added by P.L.221-1991, SEC.35.
IN Code § 36-7-4-1336 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1336. Fee Payer Credits; Petition to Determine Amount; Proceeding Before Impact Review Board

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 unit's impact fee review board not later than thirty (30) days after the structural building permit is issued for the development on which the impact fee is imposed. A petition under this subsection may be made as part of an appeal proceeding under section 1334 of this chapter or may be made under this section.(b) An impact fee review board shall prescribe the form of the petition for determination of the amount of a credit under this section. The board shall issue instructions for completion of the form. The form and the instructions must be clear, simple, and understandable to a lay person.(c) An impact fee review board shall prescribe a form for a response by the applicable infrastructure agency to a petition under this section for determination of a credit amount. The board shall issue instructions for completion of the form.(d) Immediately after receiving a timely filed petition under this section for determination of a credit amount, an impact fee review board shall provide a copy of the petition to the applicable infrastructure agency. Not later than thirty (30) days after receiving a copy of the petition, the infrastructure agency shall provide to the board a response on the form prescribed under subsection (c). The board shall immediately provide the petitioner with a copy of the infrastructure agency's response.(e) The impact fee review board shall:(1) review a petition and response filed under this section; and(2) determine the amount of the credit not later than thirty (30) days after the response is filed.(f) A fee payer aggrieved by a final determination of an impact fee review board under this section:(1) may appeal to the circuit or superior court of the county in which the unit is located; and(2) is entitled to a trial de novo.As added by P.L.221-1991, SEC.37.
IN Code § 36-7-4-1337 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1337. Ordinance; Allocation of Credits to Fee Payer Provisions

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 improvement to designate in writing a reasonable and administratively feasible method of allocating credits to future fee payers.As added by P.L.221-1991, SEC.38.
IN Code § 36-7-4-1338 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1338. Impact Fee Review Board; Membership; Powers and Duties

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 do the following:(1) Set the terms the members shall serve on the board.(2) Establish a procedure through which the unit's executive shall appoint a temporary replacement member meeting the qualifications of the member being replaced in the case of conflict of interest.(b) An impact fee review board must consist of the following members:(1) One (1) member who is a real estate broker licensed in Indiana.(2) One (1) member who is an engineer licensed in Indiana.(3) One (1) member who is a certified public accountant.(c) An impact fee review board shall review the amount of an impact fee assessed, the amount of a refund, and the amount of a credit using the following procedures:(1) The board shall fix a reasonable time for the hearing of appeals.(2) At a hearing, each party may appear and present evidence in person, by agent, or by attorney.(3) A person may not communicate with a member of the board before the hearing with intent to influence the member's action on a matter pending before the board.(4) The board may reverse, affirm, modify, or otherwise establish the amount of an impact fee, a credit, a refund, or any combination of fees, credits, or refunds. For purposes of this subdivision, the board has all the powers of the official of the unit from which the appeal is taken.(5) The board shall decide a matter that the board is required to hear:(A) at the hearing at which the matter is first presented; or(B) at the conclusion of the hearing on the matter, if the matter is continued.(6) Within five (5) days after making a decision, the board shall provide a copy of the decision to the unit and the fee payer involved in the appeal.(7) The board shall make written findings of fact to support the board's decision.As added by P.L.221-1991, SEC.39.
IN Code § 36-7-4-1339 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1339. Declaratory Relief; Challenge of Ordinance

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 validity arising under the impact fee ordinance; and(2) obtain a declaration of rights, status, or other legal relations under the ordinance.(c) The validity of an impact fee ordinance adopted by a unit or the validity of the application of the ordinance in a specific impact zone may be challenged under this section on any of the following grounds:(1) The unit has not provided for a zone improvement plan in the unit's comprehensive plan.(2) The unit did not prepare or substantially update the unit's zone improvement plan in the year preceding the adoption of the impact fee ordinance.(3) The unit has not identified the revenue sources the unit intends to use to implement the zone improvement plan, if identification of the revenue sources is required under section 1318(c) of this chapter.(4) The unit has not complied with the requirements of section 1318(f) of this chapter.(5) The unit has not made adequate revenue available to complete infrastructure improvements identified in the unit's zone improvement plan.(6) The impact fee ordinance imposes fees on new development that will not create a need for additional infrastructure.(7) The impact fee ordinance imposes on new development fees that are excessive in relation to the infrastructure needs created by the new development.(8) The impact fee ordinance does not allow for reasonable credits to fee payers.(9) The unit imposed a prohibition or delay on new development to enable the unit to complete the adoption of an impact fee ordinance.(10) The unit otherwise fails to comply with this series in the adoption of an impact fee ordinance.As added by P.L.221-1991, SEC.40. Amended by P.L.1-1998, SEC.206.
IN Code § 36-7-4-1340 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1340. Ordinance; Effective Date; Duration; Replacement

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 effective date of the ordinance. However, a unit may adopt a replacement impact fee ordinance if the replacement impact fee ordinance complies with the provisions of this series.As added by P.L.221-1991, SEC.41.
IN Code § 36-7-4-1341 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1341. Delay of New Development Pending Fee Process

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.
IN Code § 36-7-4-1342 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1342. Application of 1300 Series to Certain Towns; Expiration of Provision

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.
IN Code § 36-7-4-1400 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1400. 1400 Series—development Plans; Application of Certain Amendments to Chapter

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─DEVELOPMENT PLANS.As added by P.L.320-1995, SEC.22. Amended by P.L.220-2011, SEC.662.
IN Code § 36-7-4-1401 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1401. "Development Requirement" Defined

Sec. 1401. As used in this series, "development requirement" means a requirement:(1) for development of real property in a zoning district for which a development plan is required; and(2) that conforms to section 1403 of this chapter.As added by P.L.320-1995, SEC.23.
IN Code § 36-7-4-1401.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1401.5. Power of Legislative Body to Designate Zoning Districts Where Plan Required

Sec. 1401.5. (a) A legislative body may, in a zoning ordinance, designate zoning districts in which a development plan is required. If a zoning district is designated under this section, the plan commission must approve or disapprove a development plan under this series for real property within the zoning district.(b) The plan commission has exclusive authority to approve or disapprove a development plan for real property located within the plan commission's jurisdiction.As added by P.L.320-1995, SEC.24. Amended by P.L.126-2011, SEC.44.
IN Code § 36-7-4-1402 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1402. Designation by Zoning Ordinance

Sec. 1402. (a) This section applies if a zoning district is designated in a zoning ordinance under section 1401.5(a) of this chapter.(b) In the zoning ordinance, the legislative body adopting the ordinance must specify the following:(1) Development requirements that must be satisfied before the plan commission may approve a development plan.(2) Plan documentation and supporting information that must be supplied to the plan commission before the plan commission may approve a development plan.(3) Development requirements for approval of a development plan that the plan commission may waive.(4) Conditions under which the plan commission may waive development requirements for approval of a development plan.(5) Procedures for submission and review of a development plan, including the nature or type of application, fees, notice, hearing, amendment, and other matters relevant to review.(c) In the zoning ordinance, the legislative body may authorize the following to review and approve a development plan:(1) The plan commission staff.(2) A hearing examiner or committee of the plan commission designated under section 402(d) of this chapter.As added by P.L.320-1995, SEC.25.
IN Code § 36-7-4-1403 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1403. Requisites of Zoning Ordinance

Sec. 1403. (a) The development requirements that must be specified under section 1402(b)(1) of this chapter may include the following:(1) Compatibility of the development with surrounding land uses.(2) Availability and coordination of water, sanitary sewers, storm water drainage, and other utilities.(3) Management of traffic in a manner that creates conditions favorable to health, safety, convenience, and the harmonious development of the community.(4) Building setback lines.(5) Building coverage.(6) Building separation.(7) Vehicle and pedestrian circulation.(8) Parking.(9) Landscaping.(10) Height, scale, materials, and style of improvements.(11) Signage.(12) Recreation space.(13) Outdoor lighting.(14) Other requirements considered appropriate by the legislative body.(b) The development requirements specified under subsection (a)(3) concerning the management of traffic may ensure the following:(1) That the design and location of proposed street and highway access points minimize safety hazards and congestion.(2) That the capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development.(3) That the entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments.(c) The plan documentation and supporting information that must be supplied under section 1402(b)(2) of this chapter may include the following:(1) The location and character of the following:(A) Existing and proposed primary structures and accessory structures.(B) Utilities.(C) Signage.(D) Landscaping.(2) The nature and intensity of uses in the development.(3) The condition and size of public thoroughfares and parking, vehicle, and pedestrian facilities.(4) The location and capacity of drainage facilities and sewer systems serving the development.(5) Other information considered appropriate by the legislative body.(d) In specifying development requirements or plan documentation and supporting information for development plan approval under section 1402(b)(1) through 1402(b)(2) of this chapter, the zoning ordinance may incorporate by reference provisions in the subdivision control ordinance.As added by P.L.320-1995, SEC.26.
IN Code § 36-7-4-1404 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1404. Review and Appeal

Sec. 1404. (a) If a zoning ordinance designates a zoning district under section 1401.5(a) of this chapter and authority is delegated under section 1402(c) of this chapter, the zoning ordinance must describe the following:(1) The duties of the plan commission staff, hearing examiner, or committee in reviewing a development plan.(2) The procedures for review of a development plan by the plan commission staff, hearing examiner, or committee.(3) The procedures for an appeal to the plan commission of a decision made by the plan commission staff, hearing examiner, or committee.(b) A plan commission staff, hearing examiner, or committee to which authority has been delegated under section 1402(c) of this chapter may make a decision concerning a development plan without a public hearing if the zoning ordinance provides for an appeal of the decision directly to the plan commission.(c) The zoning ordinance may provide for a hearing procedure for review of a development plan that is similar to the hearing procedure for review of subdivision plats under the 700 series of this chapter. If such a procedure is adopted, the zoning ordinance may provide that public notice and hearing are not required for secondary review of a development plan. If notice and hearing are not required for secondary review of a development plan, the primary approval or disapproval of a development plan is a final decision of the plan commission that may be reviewed only as provided in section 1016 of this chapter.As added by P.L.320-1995, SEC.27.
IN Code § 36-7-4-1405 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1405. Powers and Duties of Plan Commission

Sec. 1405. (a) The plan commission shall review a development plan to determine if the development plan:(1) is consistent with the comprehensive plan; and(2) satisfies the development requirements specified in the zoning ordinance under sections 1402 and 1403 of this chapter.(b) The plan commission may do the following:(1) Impose conditions on the approval of a development plan if the conditions are reasonably necessary to satisfy the development requirements specified in the zoning ordinance for approval of the development plan.(2) Provide that approval of a development plan is conditioned on the furnishing to the plan commission of a bond or written assurance that:(A) guarantees the timely completion of a proposed public improvement in the proposed development; and(B) is satisfactory to the plan commission.(3) Permit or require the owner of real property to make a written commitment under section 1015 of this chapter.As added by P.L.320-1995, SEC.28. Amended by P.L.126-2011, SEC.45.