(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)