reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1206. Township Joinder; Limitations on Choice of Municipality

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) ADVISORY. If a township is within the jurisdictional limits of two (2) municipalities and one (1) of those municipalities is exercising control within the jurisdictional limit, the township must first seek joinder with that municipality. If both municipalities are exercising jurisdiction, then the township may choose the municipality with which it wants to join.
[Pre-Local Government Recodification Citations: 18-7-4-1206; 18-7-6-7.]
As added by Acts 1981, P.L.309, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1207. Township Joinder; Joinder With County or Municipality in Other County

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 of this chapter;
and joinder is not precluded by section 1202 of this chapter, then it may join either a contiguous municipality or a contiguous county that:
(A) has an advisory plan commission; and
(B) has adopted ordinances of the type specified in section 1202 of this chapter.
The procedures for joinder are the same as specified by sections 1203 and 1204 of this chapter, except that if joinder is with a county, the petition must go to the county plan commission or the metropolitan plan commission and the resolution of approval must be adopted by the county legislative body.
[Pre-Local Government Recodification Citations: 18-7-4-1207; 18-7-6-8.]
As added by Acts 1981, P.L.309, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1208. Township Joinder; Planning and Zoning Jurisdiction

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 case may be.
[Pre-Local Government Recodification Citations: 18-7-4-1208; 18-7-6-9.]
As added by Acts 1981, P.L.309, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1209. Township Joinder; Planning and Zoning Cost

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 municipality or county believes that it is to its advantage, it may agree to provide planning and zoning services without cost to the township.
[Pre-Local Government Recodification Citations: 18-7-4-1209; 18-7-6-10.]
As added by Acts 1981, P.L.309, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1210. Township Joinder; Membership of Township on Advisory Plan Commission

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 membership of the plan commission before joinder, the total membership of the plan commission reflects the proportion that the population of the township bears to that of the municipality or county, as the case may be. However, this proportional representation must not cause a reduction in the number of members representing that municipality or county.
(b) ADVISORY. Each additional member shall serve for a term of two (2) years from the date of the appointment. Members may be reappointed to subsequent terms. The members have all the rights and privileges of a member of the advisory plan commission, including the right to vote.
[Pre-Local Government Recodification Citations: 18-7-4-1210; 18-7-6-11.]
As added by Acts 1981, P.L.309, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1210.5. Township Joinder; Membership of Certain Townships on Advisory Plan Commission in Hamilton County

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. Notwithstanding section 1210 of this chapter, a plan commission described in subsection (b) shall have nine (9) members as follows:
(1) Four (4) members who are residents of the municipality, to be appointed for four (4) year terms by the executive of the municipality.
(2) Three (3) members who are residents of the municipality, to be appointed for four (4) year terms by the legislative body of the municipality.
(3) Two (2) members who are residents of the township, to be appointed for four (4) year terms by the township executive with the approval of the township legislative body.
(d) The joinder agreement expires if the municipality annexes the entire area of either of the following:
(1) Westfield Washington Township of Hamilton County.
(2) Jackson Township of Hamilton County.
(e) A joinder agreement under this section may be terminated if:
(1) the municipality adopts an ordinance terminating the joinder agreement;
(2) before adopting the ordinance under subdivision (1), the municipality conducts a public hearing on the issue of terminating the joinder agreement; and
(3) the executive of the municipality provides written notice to the township executive of the township subject to the joinder agreement that states the reason for the municipality's termination of the joinder agreement.
As added by P.L.322-1995, SEC.1. Amended by P.L.226-1997, SEC.4; P.L.170-2002, SEC.154; P.L.39-2007, SEC.1; P.L.119-2012, SEC.196; P.L.104-2022, SEC.177.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1210.6. Plan Commission Created by Joinder Agreement; Vacancies

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, if:
(1) there is a vacancy in the membership of a plan commission that is required by statute to be filled by a member of a legislative body of local government; and
(2) no member of the legislative body of local government will accept an appointment to fill the vacancy;
the appointing authority may appoint a person from the community who is not an elected official to serve on the advisory plan commission for a term of one (1) year.
(c) The person appointed under subsection (b) may be reappointed to successive terms.
As added by P.L.150-2003, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1211. Township Joinder; Collection of Fees

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.
[Pre-Local Government Recodification Citations: 18-7-4-1211; 18-7-6-12.]
As added by Acts 1981, P.L.309, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1212. Township Joinder; Withdrawal of Township; Conditions; Procedure

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 has consolidated on an area basis its planning and zoning activity under other law; or
(2) a petition, requesting a referendum on the question "Shall the township withdraw from joinder with (the municipality), or (the county), for planning and zoning purposes?", is sent to the township executive and is signed by at least the number of the voters of the township required under IC 3-8-6-3 to place a candidate on the ballot.
If the petition is received, the township executive shall certify the petition to the county election board under IC 3-10-9-3. The board shall place the question on a ballot to be submitted at the next general election for the township in the form prescribed by IC 3-10-9-4. If the township repays the amount expended for planning and zoning purposes that exceeds the amount contributed by the township and a majority of the voters voting in the election vote in the affirmative, the township may withdraw from its joinder with the municipality or county.
[Pre-Local Government Recodification Citations: 18-7-4-1212; 18-7-6-13.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.3-1987, SEC.566; P.L.12-1995, SEC.131.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1213. Township Joinder; Authorization

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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1300. 1300 Series—impact Fees

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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.