(A) (1) Pursuant to Ordinance 13-04-02, as amended, which adopted the Park and Recreation Impact Fee, the City Council has determined that the cost, and parks and recreation impact fee, for each residential dwelling unit and corresponding equivalency, is effective as set forth as follows:
(a) Effective 11/1/2024:
Unit Type Fee Amount (Per Unit) Equivalent %
Single-Family
Dwelling Unit $4,122.00 100%
Dwelling Unit $4,122.00 100%
Two-family Dwelling
Unit $3,916.00 95%
Unit $3,916.00 95%
Multi-Family
Structure
(apartments, etc.)
Structure
(apartments, etc.)
One bedroom $2,679.00 65%
Two bedrooms $3,504.00 85%
Three or more
bedrooms $4,122.00 100%
bedrooms $4,122.00 100%
Mobile Home $2,679.00 65%
(b) Effective 11/1/2025:
Unit Type Fee Amount (Per Unit) Equivalent %
Single-Family
Dwelling Unit $4,246.00 100%
Dwelling Unit $4,246.00 100%
Two-family Dwelling
Unit $4,033.00 95%
Unit $4,033.00 95%
Multi-Family
Structure
(apartments, etc.)
Structure
(apartments, etc.)
One bedroom $2,760.00 65%
Two bedrooms $3,609.00 85%
Three or more
bedrooms $4,246.00 100%
bedrooms $4,246.00 100%
Mobile Home $2,760.00 65%
(c) Effective 11/1/2026:
Unit Type Fee Amount (Per Unit) Equivalent %
Single-Family
Dwelling Unit $4,373.00 100%
Dwelling Unit $4,373.00 100%
Two-family Dwelling
Unit $4,154.00 95%
Unit $4,154.00 95%
Multi-Family
Structure
(apartments, etc.)
Structure
(apartments, etc.)
One bedroom $2,842.00 65%
Two bedrooms $3,717.00 85%
Three or more
bedrooms $4,373.00 100%
Mobile Home $2,842.00 65%
(d) Effective 11/1/2027:
Unit Type Fee Amount (Per Unit) Equivalent %
Single-Family
Dwelling Unit $4,504.00 100%
Dwelling Unit $4,504.00 100%
Two-family Dwelling
Unit $4,279.00 95%
Unit $4,279.00 95%
Multi-Family
Structure
(apartments, etc.)
Structure
(apartments, etc.)
One bedroom $2,928.00 65%
Two bedrooms $3,829.00 85%
Three or more
bedrooms $4,504.00 100%
bedrooms $4,504.00 100%
Mobile Home $2,928.00 65%
(E) Effective 11/1/2028:
Unit Type Fee Amount (Per Unit) Equivalent %
Single-Family
Dwelling Unit $4,639.00 100%
Dwelling Unit $4,639.00 100%
Two-family Dwelling
Unit $4,407.00 95%
Unit $4,407.00 95%
Multi-Family
Structure
(apartments, etc.)
Structure
(apartments, etc.)
One bedroom $3,016.00 65%
Two bedrooms $3,943.00 85%
Three or more
bedrooms $4,639.00 100%
bedrooms $4,639.00 100%
Mobile Home $3,016.00 65%
(2) In the event that any parcel of real estate subject to the plan undergoes a change in use, redevelopment, or a modification, which change requires a structural building permit and creates a need for new infrastructure, an impact fee will only be assessed for the increase in the burden on infrastructure.
(3) Any person or entity otherwise obligated to pay the fee established by Ordinance 13-04-24, as amended, whose property was totally or partially destroyed by fire, storm or other casualty beyond his/her/its control, shall be exempt from said fee if he/she/it repairs or replaces the destroyed structure without creating a burden on infrastructure greater than the burden imposed by the destroyed infrastructure. In the event of such additional burden, the fee shall be calculated based only on the increased burden created by the structure.
(4) For other specifics on the Park and Recreation Impact Fee, see Ordinance 13-04-24 as amended, which terms are hereby incorporated by reference as if fully set forth herein.
(B) Credits.
(1) Any person obligated to pay an impact fee pursuant to the terms of this section may request and, if entitled, shall receive a credit against the impact fee due in the manner and amount as provided in the Act (I.C. 36-7-4-1300 et seq.), including I.C. § 36-7-4-1313 and I.C. § 36-7-4-1335. A request for credit shall be present prior to the issuance of the Improvement Location Permit. In the event the credit does not equal the amount of the total impact fee pursuant to the calculation provided for in this section, the remaining balance shall be due in accordance with this section.
(2) In addition, pursuant to I.C. § 36-7-4-1337, a person or entity responsible for installing infrastructure or improvements and entitled to a credit under this section may designate in writing a reasonable and feasible 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.
(C) Impact Fee Due Upon Issuance of an Improvement Location Permit.
(1) The impact fee imposed pursuant to the terms of this section shall be due and payable upon the issuance of a structural building permit by the city. It is understood that the term "structural building permit" means a building permit or other similar permits the city issues that are consistent with how that that term is used in I.C. § 36-7-4-1323 and the Act, in that the issuance of a structural building permit authorizes the applicant to commence construction activities, structural or otherwise.
(2) If the fee payer requests, an impact fee on a development will be assessed not later than 30 days, or 180 days for development identified under I.C. § 36-7-4-1322(b), after the earlier of:
(a) The date the fee payer obtains an Improvement Location Permit for the development; or
(b) The date that the fee payer voluntarily submits to the city a development plan for the development and evidence that the property is properly zoned for the proposed development. The plan shall be in the form prescribed by the Noblesville Zoning Ordinance and shall contain reasonably sufficient detail for the city to calculate the impact fee.
(3) For purposes of this section, "assessment" means the act of calculating the amount of the impact fee which shall be due.
(4) For a phased development, the impact fee shall be prorated for purposes of payment according to the impact of the parcel for which an Improvement Location Permit is issued in relation to the total impact of the development.
(5) In the event the total impact fee is greater than $5,000, the fee payer may, at its option but no later than 30 days after the assessment, request payments be made in equal payments according to an installment payment plan. The installment payment plan shall include the following:
(a) A maximum of $5,000 or 5% of the impact fee, whichever is greater, is payable on the date the Improvement Location Permit is issued for the development on which the fee is imposed;
(b) The first installment is due and payable one year after the date the Improvement Location Permit is issued for the development on which the fee is imposed;
(c) The last installment is due and payable two years after the date the Improvement Location Permit is issued for the development on which the fee is imposed;
(d) The city may impose a reasonable rate of interest, not to exceed the prejudgment rate of interest in effect at the time the interest accrues. If interest is charged, interest accrues only on the portion of the impact fee that is outstanding and does not begin to accrue until the date the Improvement Location Permit is issued for the development or part of the development on which the impact fee is imposed; and
(e) 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 equal to 10% of the installment amount that is overdue. If interest is charged, the interest shall be charged on the penalty amount.
(6) An impact fee of $5,000 or less shall be paid in full on the date the Improvement Location Permit is issued for the development on which the impact fee is imposed.
(D) Park and Recreation Impact Fee Recreation Fund.
(1) There is hereby reaffirmed the Park and Recreation Impact Fee Recreation Fund ("Fund") of the city. The Fund shall be a non-reverting fund and shall receive impact fees collected pursuant to this section or the Act, to be utilized in connection with the purposes set forth herein. Said Fund shall consist initially of one account based upon the current existence of one Impact Zone. In the event that an additional Impact Zone is created thereafter, a separate account shall be maintained for each separate Impact Zone established within the city. Interest earned on the Fund or on any account with the Fund shall be deposited and maintained within the Fund or the separate account. The Noblesville City Controller shall maintain records of the status of the Fund and shall make an annual report of said Fund to the Noblesville Plan Commission and Council.
(2) Pursuant to I.C. § 36-7-4-1332(e), the City Controller is designated as the city official responsible for acting on refund requests.
(E) Lien Rights. Pursuant to I.C. § 36-7-4-1325, the city acquires a lien against the real estate which is the subject of the impact fee on the date an Improvement Location Permit is issued for such property. Upon adoption, this section may be recorded as additional constructive notice of the lien rights of the city with respect to a parcel of real estate which is the subject of an impact fee. The city may, in its discretion, file a specific instrument setting forth its lien rights with respect to a parcel of real estate which is the subject of an impact fee. Recording this section or any instrument is not a prerequisite to exercising the city's lien rights pursuant to the Act.
(F) Form of Receipt. The City Controller shall issue a receipt for any impact fee payment in the following form or its equivalent:
"Received of (fee payer), this day of the sum of $ in (full) (partial) satisfaction of Park and Recreation Impact Fees due pursuant to Ordinance No. relating to improvements to be constructed on real estate described on Exhibit A, attached hereto, made part hereof, and subject to lien rights in favor of the City of Noblesville in the event of partial payment with payments remaining due. The remaining balance due (if any) is in the following amount: $ . The impact fee is dedicated to the creation of the following infrastructure elements in accordance with the Zone Improvement Plan: "
Controller, City of Noblesville, IN
(G) Use of Impact Fees Collected Pursuant to this Section. An impact fee collected pursuant to the provisions of this section may be utilized by the city only for the following purposes, acting by and through its Council, which for the purposes of this section is identified as the infrastructure agency contemplated by I.C. § 36-7-4-1317:
(1) Providing funds to be utilized by the city for the provision of a new park and recreational infrastructure that is needed to serve the new development in the Impact Zone and that is identified in the Plan;
(2) An amount not to exceed 5% of the annual collections of the fee may be utilized for expenses incurred by the city for the consulting services used to establish this section;
(3) To pay a refund due pursuant to the terms of this section or the Act;
(4) To pay the debt service cost of an obligation issued to provide new park and recreational infrastructure described in division (1) above.
(I) Appeals.
(1) Any fee payer who believes itself to be aggrieved by the calculation of the impact fee may appeal from such calculation to the Noblesville Impact Fee Review Board as set forth in the Act, and the Noblesville Impact Review Board shall act upon and hear such appeal as provided in the Act. The fee payer shall bear the burden of going forward with the evidence and shall present evidence addressing either of the following:
(a) That a fact assumption used in determining the amount of the impact fee is incorrect; or
(b) That the amount of the impact fee is greater than the amount allowed under I.C. § § 36-7-4-1320, 1321, and 1322.
(2) An appeal under this section must be filed not later than 30 days after the issuance of the Improvement Location Permit. The appeal shall be initiated with the filing of a petition for review with the Noblesville City Clerk's Office together with a filing fee in the amount of $100.
(3) The petition for review shall be in a form calculated to inform the Noblesville Park Impact Fee Review Board of the nature of complaint, the parties to the action, and relief requested. In addition, the petition shall describe the new development on which the impact fee has been assessed, all facts related to the assessment of the impact fee, and the reasons the petitioner believes that the amount of the impact fee assessed is erroneous or is greater than the amount allowed by the fee limitation set forth in the Act.
(4) The city shall not deny the issuance of an Improvement Location Permit on the basis that the impact fee has not been paid, or condition issuance of the permit on the payment of the impact fee. However, if the impact fee totals $1,000 or less, the city may require the fee payer to pay the impact fee or initiate an appeal under this section before the Improvement Location Permit is issued.
(J) Conflicts with the Act. It is the intent of the city to comply with the Act, and this section shall be construed in all respects to be consistent with the Act. The substantive and procedural requirements of I.C. §§ 36-7-4-1300 et seq. shall control in the event of conflicts, which are unintended by the Council. Any provisions of the Act required to be included in or a part of this section are hereby deemed incorporated herein and adopted as a part hereof.
(Ord. 13-04-24, passed 4-23-24)