(A) The Town Council hereby re-establishes, pursuant to I.C. 36-7-4-1338, an Impact Fee Review Board ("Board"), and this Board will exist and will have the same authority as provided for by state law.
(1) This Board shall consist of three citizen members appointed by the Mayor and who shall qualify as follows:
(a) One member shall be a real estate broker licensed in Indiana;
(b) One member shall be an engineer licensed in Indiana; and
(c) One member shall be a certified public accountant.
(2) The Mayor shall provide the Town Council with a copy of the certificates of appointment of each member of the Board.
(B) Eligibility. A Board member shall not be a member of the Zionsville Plan Commission.
(C) Terms. The initial term for the real estate broker shall be one year. The initial terms of the engineer and the certified public account shall be two years. At the expiration of the terms of each Board member, successors shall be appointed in the same manner as the original appointees, and each such succeeding member shall serve for a term of two years. Each member shall continue to serve until his or her successor is appointed and qualified.
(D) Vacancies. If any person appointed as a Board member shall fail to qualify as provided within ten days after the mailing to him or her of notice of his or her appointment, or if any member after qualifying shall die, resign, or vacate office, the Mayor shall fill such vacancy with a new member meeting the qualifications of the member being replaced. A new member shall serve out the remainder of the vacated term.
(E) Temporary members. If a Review Board member is unable to hear a petition due to a conflict of interest, the Mayor shall appoint a temporary member to serve for the period necessary to dispose of the petition giving rise to the conflict. The temporary member shall qualify in the same manner as the member in whose place he or she is serving.
(F) Officers. The Board shall elect one of its members as President and one as Vice-President, each of whom shall serve from the day of his or her election until the following January 31 and until his or her successor is elected and qualified.
(G) Rules of Procedure. The Board is authorized to adopt by-laws, rules, regulations, and procedures as it may deem necessary for the proper conduct of its proceedings and the carrying out of its duties. Meetings and hearings shall be held at such time as the Board may determine and upon such notice as it may fix, in accordance with the provisions of the by-laws, rules, and regulations adopted and state law. The Board may use the town's electronic meeting policy or if such policy does not exist adopt an electronic meeting policy to facilitate Board attendance.
(H) Quorum and official action. A majority of the Board shall constitute a quorum and the concurrence of a majority shall be necessary to authorize any action.
(I) Duties. The Board shall conduct its review of the amount of an impact fee assessed, the amount of a refund, and the amount of a credit using the procedures established in I.C. 36-7-4-136 and 36-7-4-1338(c).
(J) Governing law. The Board shall be governed by I.C. 36-7-4-1338 and all other applicable provisions of the Impact Fee Statute.
(Ord. 2023-23, passed 11-6-2023)