Indiana § 36-7-4-1316.5 - Impact zone area designated after June 30, 2026

§ 36-7-4-1316.5. Impact zone area designated after June 30, 2026

Sec. 1316.5. (a) This section only applies to an impact zone designated under section 1315 of this chapter after June 30, 2026.

(b) Subject to subsection (c), a unit must include in an impact zone the geographical area necessary to ensure that:

(1) there is a functional relationship between the components of the infrastructure type in the impact zone;

(2) the infrastructure type provides a reasonably uniform benefit throughout the impact zone;

(3) all areas included in the impact zone are contiguous; and

(4) the impact zone is:

(A) contiguous to the new development;

(B) coterminous with a:

(i) utility service; or

(ii) distribution line of a type described in section 1309(1) or 1309(5) of this chapter, that may be necessary for the new development to interconnect with existing utility infrastructure; or

(C) located not more than five (5) miles from the infrastructure type described in section 1309(3) and 1309(4) of this chapter.

(c) If a unit:

(1) adopts an ordinance to adopt, renew, or amend an impact fee; or

(2) has an existing impact fee ordinance that provides for an increase in the amount of an impact fee after a period of time;

Then before a unit may adopt an ordinance under subdivision (1), or collect the increased impact fee under subdivision (2), the unit must comply with subsection (d).

(d) The unit must hold a public hearing. Not less than forty-five (45) days before the date of the public hearing, the unit must do the following:

(1) If the unit has a website, post on the website:

(A) notice of the public hearing;

(B) a summary of the impact fee proposed for adoption, renewal, amendment or subject to increase under an existing ordinance; and

(C) the impact zone improvement plan.

(2) Publish notice of the public hearing under IC 5-3-1 providing:

(A) a summary of the impact fee proposed for adoption, renewal, amendment or subject to increase under an existing ordinance;

(B) the web address (if any) where the information posted under subdivision (1) is located; and

(C) the location where the public may inspect and copy the zone improvement plan.

As added by P.L.73-2026, SEC.24.