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FINANCING BRIDGE CONSTRUCTION INFRASTRUCTURE FOR NEW DEVELOPMENT
This subchapter shall expire and become void five years after its effective date as required by IC 36-7-4-1340, unless action is undertaken to extend its life consistent with the provisions of IC 36-7-4-1340 which contemplates a replacement ordinance.
(Ord. 062110A, passed 6-21-10)
There is hereby established one bridge construction and infrastructure impact zone, the borders of which are co-terminus with the existing corporate borders of the city and as they may be extended from time to time through annexation, and over which the city exercises planning and zoning jurisdiction. In this regard, the City Council specifically finds that there is a functional relationship between the components of the Zone Improvement Plan and the Bridge Impact Fee Analysis, and that the plan provides a reasonably uniform benefit to all of the citizens throughout the impact zone as of the adoption of this subchapter. The City Council further finds that all areas within the impact zone are contiguous as required in IC 36-7-4-1316. Except as provided below, this subchapter shall apply uniformly to all developments within the impact zone hereby established for which the city may require a structural building permit and which creates a need for new and additional bridge construction and infrastructure. This subchapter shall not apply to:
(A) Developments meeting the requirements set forth in IC 36-7-4-1322(g);
(B) Improvements which do not require a structural building permit;
(C) Improvements which do not create a need for new and additional infrastructure, including the erection of a sign, construction of accessory buildings, structures or fences or the alteration, renovation or expansion of an improvement where the use, or intensity thereof, has not changed; and
(D) The replacement of a destroyed or partially destroyed improvement, provided that the replacement improvement does not create a need for new and additional infrastructure over and above the infrastructure needed by the original improvement prior to the destruction or partial destruction thereof.
(Ord. 062110A, passed 6-21-10; Am. Ord. 091514A, passed 11-17-14)
(A) In accordance with the city’s Comprehensive Plan, and as a precondition to the amendment of this subchapter, the city undertook a comprehensive and detailed traffic impact analysis performed by A&F Engineering Co., Inc. (the “study”). The study constitutes a zone improvement plan pursuant to IC 36-7-4-1300 et seq. The city hereby adopts the study as its zone improvement plan and finds that the study contains the following elements:
(1) Reasonable estimates relating to the nature and location of development that is expected within the impact zone during the planning period, which, for the purposes of this subchapter is defined to be a period of five years commencing with the date of adoption hereof;
(2) A reasonable determination of the community level of service for the impact zone;
(3) A reasonable determination of the current level of service provided within the impact zone;
(4) A reasonable estimate of the nature, location, sequencing, and timing of the bridge design, engineering and construction requirements and costs necessary to provide the community level of service for the developments contemplated in division (A)(1) of this section;
(5) A reasonable estimate of the share of the bridge design, engineering and construction requirements and costs identified in division (A)(4) of this section that will be used to:
(a) Raise the current level of service for existing development or provide service to existing development; or
(b) Provide service to new development;
(6) A reasonable estimate of revenues that:
(a) Are from sources other than impact fees; and
(b) Will be used to finance the cost identified in division (A)(5)(a) of this section;
(7) A description of the nature and location of existing infrastructure in the impact zone; and
(8) A general description of the sources and amounts of money used to pay for infrastructure during the previous five years.
(B) Additionally, the City Council hereby specifically adopts the zone improvement plan as an official part of the city’s Comprehensive Plan, pursuant to IC 36-7-4-500 et seq. and 36-7-4-1318. A copy of the study is available for inspection at Fishers City Hall.
(Ord. 062110A, passed 6-21-10; Am. Ord. 091514A, passed 11-17-14; Am. Ord. 111521E, passed 12-20-21)
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