The fee imposed pursuant to the terms of this subchapter shall be due and payable upon the issuance of a building permit by the town. It is understood that the term "building permit" is synonymous with the term "structural building permit" as that term is used in I.C. 36-7-4-1323, in that the issuance of a building permit authorizes the applicant to commence construction activities, structural or otherwise. The fee which is calculated pursuant to the terms of this subchapter, shall be due at said time unless the amount of the fee upon calculation is greater than $5,000, in which case an installment plan may be requested by the applicant in accordance with the terms set forth in I.C. 36-7-4-1324.
(A) Installment plans. In an installment plan, a maximum of $5,000 or 5% of the impact fee, whichever is greater, shall become due and payable on the date the building permit is issued for the development on which the fee is imposed. The first installment is due and payable one year after the building permit is issued, and the last installment is due and payable two years after the building permit is issued. When an impact fee is paid through an installment plan, interest shall accrue at the rate of 5% per annum on the portion of the impact fee that is outstanding and does not begin to accrue until the date the structural building permit is issued for the development or part of the development on which the impact fee is imposed. If all or part of an impact fee 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. Interest, as identified above, shall also be charged on the penalty amount.
(B) Request for assessment. If a fee payer requests, the amount of the fee shall be assessed upon the voluntary submission of a development plan or upon the issuance of the building permit whichever is earlier. For purposes of this section, ASSESSMENT means the act of calculating the amount of the fee which shall be due. The town shall make such assessment within 30 days of the earlier of the date the fee payer obtains an improvement location permit or the date the fee payer voluntarily submits to the town a development plan, if a development plan review is required by the Town Unified Development Ordinance, and evidence that the property is zoned for the proposed development. If the development does not require a development plan review, the date of assessment is within 30 days of the fee payer obtains an improvement location permit.
(C) Unique development requiring revision of Zone Improvement Plan. If a request for assessment is made and the Department of Public Works determines that the development is of a magnitude that will require the revision of the Zone Improvement Plan in order to appropriately serve the new development, the town will revise the Zone Improvement Plan and will assess an impact fee on the development not later than 180 days after the earlier of the following:
(1) The date on which the fee payer obtains an improvement location permit;
(2) The date on which the fee payer submits to the town a development plan for the development and evidence that the property is properly zoned, as provided for in this subchapter.
(D) Increase of assessment. Once assessed, an impact fee may be increased only if the structural building permit has been issued and the permit is changed so that the amount of impact on infrastructure the development creates in the Impact Zone is significantly increased.
(E) Decrease of assessment. Once assessed, an impact fee will be decreased only if a structural building permit has been issued and the permit is changed so that the amount of impact on infrastructure the development creates in the Impact Zone is significantly decreased. If a decrease in assessment is required and the originally assessed fee has been paid, the town will refund to the fee payer the amount of overpayment.
(Ord. 2023-23, passed 11-6-2023)