(A) There is hereby established one park and recreational infrastructure impact zone (“impact zone”), the boundaries of which are co-terminus with the existing corporate boundaries of the town, as such boundaries may be extended from time to time through annexation, and over any boundaries for which the town exercises planning and zoning jurisdiction. In this regard, the Town Council specifically finds: there is a functional relationship between the components of the park and recreational infrastructure type in the impact zone; the park and recreational infrastructure type provides a reasonably uniform benefit to all citizens throughout the impact zone; that all areas within the impact zone are contiguous as required by I.C. 36-7-4-1316. Except as provided herein, this subchapter shall apply uniformly to single-family detached, duplex/condo and townhouse, and multi-family apartment residential developments within the impact zone for which the town may require an improvement location permit, and which creates a need for new and additional park and recreational infrastructure.
(B) This subchapter shall not apply to:
(1) Development meeting the requirements set forth in I.C. 36-7-4-1322(g);
(2) Improvements which do not require an improvement location 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 destructions thereof;
(5) Non-residential development; and
(6) “Qualified property” as that term is defined in I.C. 36-1-8-18, except that, upon request of the owner of qualified property, an impact fee may be imposed on the qualified property.
(Ord. 2011-14, passed 12-5-2011; Ord. 2022-02, passed 3-7-2022)