(A) Any person or entity obligated to pay a fee pursuant to the terms of this subchapter shall have the option of financing, constructing and dedicating road and street thoroughfare infrastructure instead of making all or part of any impact fee payment which may be due, so long as such financing, construction and dedication are accomplished pursuant to the thoroughfare improvement plan of the city, and in accordance with the road and street specifications for such road or street to be improved in force within the city's jurisdiction at the time. Such fee payer, or other person or entity providing the infrastructure or improvement, shall be given credit upon a verified certification from a registered engineer or architect or a contractor of the actual costs of planning, financing, constructing and dedicating such road and street thoroughfare improvements to the city. Such certification shall be presented prior to the issuance of the improvement location permit. In the event the actual costs of such planning, financing, construction and dedication do not equal the amount of the impact fee due pursuant to the calculation provided for in the schedule set forth in § 156.42, the remaining balance shall be due in accordance with the provisions stated hereinafter.
(B) Credits against impact fees otherwise due shall be allowed pursuant to this section for all infrastructure and improvements constructed or furnished in accordance with IC 36-7-4-1313 and IC 36-7-4-1335 since January 1, 1989. In addition, a fee payer or other person or entity responsible for installing infrastructure or improvements may designate in writing a method of allocating its credits to future fee payers who may be successors in interest to the credits earned by the fee payer or others, as part of the certification provided for above.
(C) Any person or entity otherwise obligated to pay the fee established by this subchapter whose property was totally or partially destroyed by fire, storm or other casualty beyond their control, shall be exempt from said fee if they repair or replace the destroyed structure without creating a burden on infrastructure greater than the burden imposed by the destroyed structure. In the event of such additional burden, the fee shall be calculated based only on the increased burden created by the structure.
(Ord. 09-03-91E, passed 11-6-91; Am. Ord. 091514A, passed 11-17-14)