(A) There is hereby established one park and recreational infrastructure impact zone, the borders of which are co-terminus with the existing corporate borders of the town, and, as they may be extended from time to time through annexation, and, over which the town exercises planning and zoning jurisdiction. In this regard, the Town Council specifically finds that there is a functional relationship between the components of the Park and Recreation Master Plan and Infrastructure Improvement Plan and that such park and recreational plan provides a reasonably uniform benefit to all of the citizens throughout the impact zone as of the adoption of this subchapter. The Town Council further finds that all areas within the impact zone are contiguous as required in I.C. 36-7-4-1316. Except as provided below, this subchapter shall apply uniformly to all residential developments within the impact zone hereby established for which the town may require a structural building permit and which creates a need for new and additional park and recreational infrastructure.
(B) This subchapter shall not apply to:
(1) Developments meeting the requirements set forth in I.C. 36-7-4-1322(g);
(2) Improvements which do not require a structural building permit;
(3) 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;
(4) 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; and
(5) Nonresidential development.
(Ord. 30-2022, passed 6-27-2022)