(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 road and street thoroughfare infrastructure instead of paying all or part of the traffic impact fee which may be due, so long as such financing, construction and dedication are accomplished pursuant to the thoroughfare improvement plan of the town and in accordance with the road and street specifications for such road or street to be improved in force within the town 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 road and street thoroughfare improvements or infrastructure to the town. 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 traffic impact fee due pursuant to the calculation provided for in the schedule set forth in § 53.38, the remaining balance shall be due by such fee payer to the town in accordance with the provisions this subchapter.
(B) Credits against traffic 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 36-7-4-1335 since January 1, 1989. 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 traffic 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 traffic impact fee shall be calculated based only on the increased burden created by the structure.
(Ord. 2007-03, passed - - ; Ord. passed 7-7-2014)