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This subchapter shall expire and become void five years after its effective date as required by I.C. 36-7-4-1340, however, the town may adopt a replacement impact fee ordinance consistent with I.C. 36-7-4-1300 et seq.
(Ord. 2011-14, passed 12-5-2011; Ord. 2022-02, passed 3-7-2022)
(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)
As a precondition of the adoption of this subchapter, the town engaged Baker Tilly to prepare a comprehensive and detailed park and recreational infrastructure impact analysis, referred to as a “special purpose report” by Baker Tilly. The Town Council hereby adopts the special purpose report prepared by Baker Tilly dated September 8, 2021, as its zone improvement plan. Additionally the Town Council hereby adopts specifically the zone improvement plan as part of the comprehensive plan for the Town of Zionsville, Indiana, pursuant to I.C. 36-7-4-500 et seq.
(Ord. 2011-14, passed 12-5-2011; Ord. 2022-02, passed 3-7-2022)
(A) Based on the zone improvement plan, the Town Council determines that the park and recreational infrastructure impact fee for each residential dwelling unit is as follows:
(1) Detached single-family home fee is as set forth in the town fee schedule incorporated by reference in § 34.04;
(2) Attached single-family home fee is as set forth in the town fee schedule incorporated by reference in § 34.04; and
(3) Multi-family home fee is as set forth in the town fee schedule incorporated by reference in § 34.04.
(B) The Town Council hereby makes all of the data collected, the calculations made and the conclusions reached by Baker Tilly in the process of developing and drafting the zone improvement plan a part of the official record considered by the Town Council in enacting this subchapter, and specifically instructs the employees of the town to make such data and other information available to the public for review during regular business hours.
(Ord. 2011-14, passed 12-5-2011; Ord. 2022-02, passed 3-7-2022)
(A) Pursuant to I.C. 36-7-4-1335, any person obligated to pay an impact fee pursuant to the terms of this subchapter may have the option of constructing, providing, and dedicating park and recreational infrastructure owned and operated by a neighborhood association for the public benefit, all as described and defined in the zone improvement plan and in accordance with the specifications for such park and recreational infrastructure to be improved, instead of paying all or part of any impact fee to the town. The fee payer, or other person or entity constructing and providing the infrastructure or improvement, shall be given credit for the actual costs of constructing and providing such park and recreational infrastructure for the town, provided that the park and recreational infrastructure meets the requirements of I.C. 36-7-4-1335. A request for credit shall be presented prior to the issuance of the improvement location permit. In the event the actual cost of such infrastructure does not equal the amount of the impact fee pursuant to the calculation provided for in § 98.18 hereof, the remaining balance shall be due in accordance with the provisions stated hereafter.
(B) Credits against impact fees otherwise due shall be allowed pursuant to this section for all park and recreational infrastructure improvements constructed or provided in accordance with I.C. 36-7-4-1313 and I.C. 36-7-4-1335. In addition, a fee payer or other person or entity responsible for constructing the infrastructure or improvements shall be allowed to designate in writing a reasonable and administratively feasible 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 for above.
(C) Any person or entity otherwise obligated to pay the impact fee established by this subchapter whose property was totally or partially destroyed by fire, storm, or other casualty beyond his or her control, shall be exempt from said impact fee if such person or entity repairs or replaces the destroyed structure without creating a burden on infrastructure greater than the burden imposed by the destroyed infrastructure. In the event of such additional burden, the impact fee shall be calculated based only on the increased burden created by the structure.
(D) The person providing the infrastructure or improvement may waive the person’s right to a credit under this section.
(Ord. 2011-14, passed 12-5-2011; Ord. 2022-02, passed 3-7-2022)
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