(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 actual park infrastructure instead of paying all or part of the impact fee which may be due, so long as such financing, construction and dedication are accomplished pursuant to the city’s parks and recreation master plan and in accordance with the park specifications for such park improvements within the city at that 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, architect or contractor of the actual costs of planning, financing, constructing and dedicating such park improvements or infrastructure to the city. Such certification shall be presented prior to the issuance of any structural building or improvement location permit. In the event the actual cost 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 § 39.042, the remaining balance shall be due by such fee payer to the city in accordance with the provisions this subchapter.
(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 I.C. 36-7-4-1313 and I.C. 36-7-4-1335. 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 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 paying the impact 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 it creates any additional burden, the impact fee shall be calculated based only on the increased burden created by the structure.
(Prior Code, § 40-54) (Ord. 12-31, passed 10-29-2012)