reglab/housing_qa huggingface dataset:
IN Code § 36-7-4-1301 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1301. "Community Level of Service" Defined

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.
IN Code § 36-7-4-1302 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1302. "Current Level of Service" Defined

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.
IN Code § 36-7-4-1303 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1303. "Development" Defined

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.
IN Code § 36-7-4-1304 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1304. "Fee Payer" and "Person" Defined

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 law the rights concerning an impact fee.(b) As used in this series, "person" means an individual, a sole proprietorship, a partnership, an association, a corporation, a fiduciary, or any other entity.As added by P.L.221-1991, SEC.5.
IN Code § 36-7-4-1305 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1305. "Impact Fee" and "Capital Costs" Defined

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, "capital costs" means the costs incurred to provide additional infrastructure to serve new development, including the following:(1) Directly related costs of construction or expansion of infrastructure that is necessary to serve the new development, including reasonable design, survey, engineering, environmental, and other professional fees that are directly related to the construction or expansion.(2) Directly related land acquisition costs, including costs incurred for the following:(A) Purchases of interests in land.(B) Court awards or settlements.(C) Reasonable appraisal, relocation service, negotiation service, title insurance, expert witness, attorney, and other professional fees that are directly related to the land acquisition.(3) Directly related debt service, subject to section 1330 of this chapter.(4) Directly related expenses incurred in preparing or updating the comprehensive plan or zone improvement plan, including all administrative, consulting, attorney, and other professional fees, as limited by section 1330 of this chapter.As added by P.L.221-1991, SEC.6.
IN Code § 36-7-4-1306 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1306. "Impact Fee Ordinance" Defined

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.
IN Code § 36-7-4-1307 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1307. "Impact Zone" Defined

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.
IN Code § 36-7-4-1308 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1308. "Infrastructure" Defined

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 treatment, water storage, or water distribution facility;(2) are:(A) owned solely for a public purpose by:(i) a unit; or(ii) a corporation created by a unit; or(B) leased by a unit solely for a public purpose; and(3) are included in the zone improvement plan of the impact zone in which the capital improvements are located.The term includes site improvements or interests in real property needed for a facility listed in subdivision (1).As added by P.L.221-1991, SEC.9.
IN Code § 36-7-4-1309 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1309. "Infrastructure Type" Defined

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 recreational facilities.(3) Road, which includes public ways and bridges.(4) Drainage, which includes drains and flood control facilities.(5) Water, which includes water treatment, water storage, and water distribution facilities.As added by P.L.221-1991, SEC.10.
IN Code § 36-7-4-1310 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1310. "Infrastructure Agency" Defined

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.
IN Code § 36-7-4-1312 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1312. Ordinance; Prerequisites to Adoption

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 the adoption of an impact fee ordinance under section 1311 of this chapter, a unit shall establish an impact fee advisory committee. The advisory committee shall:(1) be appointed by the executive of the unit;(2) be composed of not less than five (5) and not more than ten (10) members with at least forty percent (40%) of the membership representing the development, building, or real estate industries; and(3) serve in an advisory capacity to assist and advise the unit with regard to the adoption of an impact fee ordinance under section 1311 of this chapter.(c) A planning commission or other committee in existence before the adoption of an impact fee ordinance that meets the membership requirements of subsection (b) may serve as the advisory committee that subsection (b) requires.(d) Action of an advisory committee established under subsection (b) is not required as a prerequisite for the unit in adopting an impact fee ordinance under section 1311 of this chapter.As added by P.L.221-1991, SEC.13.
IN Code § 36-7-4-1313 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1313. Other Permissible Fees and Charges of Adopting Unit

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 condition or requirement attached to a development approval or authorization (including permitting or zoning decisions), an obligation to dedicate, construct, or contribute goods, services, land or interests in land, or infrastructure to a unit or to an infrastructure agency. However, if the unit adopts or has already adopted an impact fee ordinance under section 1311 of this chapter the following apply:(A) The person dedicating, contributing, or providing an improvement under this subsection is entitled to a credit for the improvement under section 1335 of this chapter.(B) The cost of complying with the condition or requirement imposed by the unit under this subdivision may not exceed the impact fee that could have been imposed by the unit under section 1321 of this chapter for the same infrastructure.(3) Imposing new permit fees, charges, or assessments or amending existing permit fees, charges, or assessments. However, the permit fees, charges, or assessments must meet the requirements of section 1311(e)(1)(A), 1311(e)(1)(B), and 1311(e)(1)(C) of this chapter.As added by P.L.221-1991, SEC.14.
IN Code § 36-7-4-1314 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1314. Ordinance; Application

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 does not create a need for additional infrastructure, including the erection of a sign, the construction of a fence, or the interior renovation of a building not resulting in a change in use.(c) As used in this section, "qualified property" has the meaning set forth in IC 36-1-8-18. Except as provided in subsection (d), an impact fee ordinance may not apply to qualified property, and an impact fee may not be imposed on qualified property.(d) Upon the request of the owner of qualified property, an impact fee may be imposed on the qualified property.As added by P.L.221-1991, SEC.15. Amended by P.L.200-2016, SEC.2.
IN Code § 36-7-4-1315 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1315. Ordinance; Establishment of Impact Zones

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 for a different infrastructure type.(b) An impact zone may not extend beyond the jurisdictional boundary of an infrastructure agency responsible for the infrastructure type for which the impact zone was established, unless an agreement under IC 36-1-7 is entered into by the infrastructure agencies.(c) If an impact zone, or a set of impact zones, includes a geographic area containing territory from more than one (1) planning and zoning jurisdiction, the applicable legislative bodies and infrastructure agencies shall enter into an agreement under IC 36-1-7 concerning the collection, division, and distribution of the fees collected under the impact fee ordinance.As added by P.L.221-1991, SEC.16.
IN Code § 36-7-4-1316 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1316. Impact Zones; Geographical Area

Sec. 1316. A unit must include in an impact zone designated under section 1315 of this chapter 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; and(3) all areas included in the impact zone are contiguous.As added by P.L.221-1991, SEC.17.
IN Code § 36-7-4-1317 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1317. Ordinance; Identification of Responsible Infrastructure Agency

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.
IN Code § 36-7-4-1319 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1319. Amendment to Ordinance or Zone Improvement Plan

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. Appropriate planning and analysis shall be carried out before an amendment is made to a zone improvement plan.(b) A unit may not amend an impact fee ordinance if the amendment makes a significant change in an impact fee schedule or formula or if the amendment designates an impact zone or alters the boundary of a zone, unless a new or substantially updated zone improvement plan has been approved within the immediately preceding one (1) year period.As added by P.L.221-1991, SEC.20.
IN Code § 36-7-4-1320 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1320. Ordinance; Fee Schedule and Formula

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 fee that is to be imposed for each infrastructure type covered by the ordinance may be derived.(b) A schedule or formula included in an impact fee ordinance must provide an objective and uniform standard for calculating impact fees that allows fee payers to accurately predict the impact fees that will be imposed on new development.As added by P.L.221-1991, SEC.21.
IN Code § 36-7-4-1321 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1321. Fee Schedule or Formula; Requirements; Limitations

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 require that a particular methodology be used in preparing the schedule or formula.(b) As used in this section, "impact costs" means a reasonable estimate, made at the time the impact fee is assessed, of the proportionate share of the costs incurred or to be incurred by the unit in providing infrastructure of the applicable type in the impact zone that are necessary to provide the community level of service for the development. The amount of impact costs may not include the costs of infrastructure of the applicable type needed to raise the current level of service in the impact zone to the community level of service in the impact zone for development that is existing at the time the impact fee is assessed.(c) As used in this section, "nonlocal revenue" means a reasonable estimate, made at the time the impact fee is assessed, of revenue that:(1) will be received from any source (including but not limited to state or federal grants) other than a local government source; and(2) is to be used within the impact zone to defray the capital costs of providing infrastructure of the applicable type.(d) As used in this section, "impact deductions" means a reasonable estimate, made at the time the impact fee is assessed, of the amounts from the following sources that will be paid during the ten (10) year period after assessment of the impact fee to defray the capital costs of providing infrastructure of the applicable types to serve a development:(1) Taxes levied by the unit or on behalf of the unit by an applicable infrastructure agency that the fee payer and future owners of the development will pay for use within the geographic area of the unit.(2) Charges and fees, other than fees paid by the fee payer under this chapter, that are imposed by any of the following for use within the geographic area of the unit:(A) An applicable infrastructure agency.(B) A governmental entity.(C) A not-for-profit corporation created for governmental purposes.Charges and fees covered by this subdivision include tap and availability charges paid for extension of services or the provision of infrastructure to the development.(e) An impact fee on a development may not exceed:(1) impact costs; minus(2) the sum of nonlocal revenues and impact deductions.As added by P.L.221-1991, SEC.22.
IN Code § 36-7-4-1323 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1323. Fee Due Date; Proration; Repeal or Lapse of Ordinance

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) For a phased development, an impact fee shall be prorated for purposes of payment according to the impact of the parcel for which a structural building permit is issued in relation to the total impact of the development. In accordance with section 1324 of this chapter, only the prorated portion of the assessed impact fee is due and payable on the issuance of the permit.(c) If an impact fee ordinance is repealed, lapses, or becomes ineffective after the assessment of an impact fee on a development but before the issuance of the structural building permit for part or all of the development:(1) any part of the impact fee attributable to the part of the development for which a structural building permit has not been issued is void and is not due and payable, in the case of a phased development; and(2) the entire impact fee is void and is not due and payable, in the case of a development other than a phased development.As added by P.L.221-1991, SEC.24.
IN Code § 36-7-4-1324 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1324. Ordinance; Installment Payment Plan; Fee Upon Permit Issuance; Interest; Penalty for Late Payment

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). In an installment plan under this section:(1) a maximum of five thousand dollars ($5,000) or five percent (5%) of the impact fee, whichever is greater, may become payable on the date the structural building permit is issued for the development on which the fee is imposed;(2) the first installment may not become due and payable less than one (1) year after the date the structural building permit is issued for the development on which the fee is imposed; and(3) the last installment may not be due and payable less than two (2) years after the date the structural building permit is issued for the development on which the fee is imposed.(b) An impact fee ordinance may require an impact fee of five thousand dollars ($5,000) or less to be paid in full on the date the structural building permit is issued for the development on which the impact fee is imposed.(c) An impact fee ordinance may provide that a reasonable rate of interest, not to exceed the prejudgment rate of interest in effect at the time the interest accrues, may be charged if the fee payer elects to pay in installments. If interest is charged, the ordinance must provide that interest accrues only on the portion of the impact fee that is outstanding and does not begin to accrue until the date the structural building permit is issued for the development or the part of the development on which the impact fee is imposed.(d) An impact fee ordinance may provide that if all or part of an installment is not paid when due and payable, the amount of the installment shall be increased on the first day after the installment is due and payable by a penalty amount equal to ten percent (10%) of the installment amount that is overdue. If interest is charged under subsection (c), the interest shall be charged on the penalty amount.As added by P.L.221-1991, SEC.25.
IN Code § 36-7-4-1325 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1325. Collection of Unpaid Fees; Lien; Receipt for Payments

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 portion of the impact fee first becomes due and payable.(b) On the date a structural building permit is issued for the development of property on which the impact fee is assessed, the unit acquires a lien on the real property for which the permit is issued. For a phased development, the amount of the lien may not exceed the prorated portion of the impact fee due and payable in one (1) or more installments at the time the structural building permit is issued.(c) A lien acquired by a unit under this section is not affected by a sale or transfer of the real property subject to the lien, including the sale, exchange, or lease of the real property under IC 36-1-11.(d) A lien acquired by a unit under this section continues for ten (10) years after the impact fee or the prorated portion of the impact fee becomes due and payable. However, if an action to enforce the lien is filed within the ten (10) year period, the lien continues until the termination of the proceeding.(e) A holder of a lien of record on any real property on which an impact fee is delinquent may pay the delinquent impact fee and any penalties and costs. The amount paid by the lien holder is an additional lien on the real property in favor of the lien holder and is collectible in the same manner as the original lien.(f) If a person pays an impact fee assessed against any real property, the person is entitled to a receipt for the payment that is:(1) on a form prescribed by the impact fee ordinance; and(2) issued by a person designated in the impact fee ordinance.As added by P.L.221-1991, SEC.26.