HomeMy WebLinkAboutDept Report 08-19-03CARMEL/CLAY PLAN COMMISSION
DEPARTMENT REPORT
August 19, 2003
2h. Docket No.116-03 Z; (03070012);
Fee Schedule -Ordinance Amendment
Petitioner seeks a favorable recommendation on proposed changes to the Fee section of
the Ordinance.
Filed by the Department of Community Services.
The Deparhnent of Community Services, as petitioner, requests that the Plan Commission
forwazd a favorable recommendation to the City Council on a request to amend Chapter 29, the
Administration Section of the CarmeUClay Land Use Regulations (see attached Ordinance).
Approval of the amendment would revise the existing fee structure to be more reflective of the
costs associated with processing individua] petition types in the way of staff time and other
administrative resources.
In addition, fees aze proposed to address newer application types and services currently provided
and others to be provided by the department.
If there are no concerns raised by the public or comments from Plan Commission members
that remain unresolved at the end of the discussion on the item, the Department would
recommend that the Plan Commission suspend its rules and that this item be forwarded to
the City Council with a favorable recommendation.
PCR-2003-0819
__ _, CRY OF CARMEL&CLAY TOWNSHIP ZANING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL/CLAY ZONING ORDINANCE
CHAPTER 29: ADMINISTRATION
~~`~ ~ME~D~E~~`
29.00 Administration.
29.01 The City Council.
29.02 The Commission.
29.03 The Board.
29.04 The Director.
29.05 The Clerk-Treasurer.
29.06 Filine Fees.
29.07 Parks and Recreation Impact Fees.
29.00 Administration.
29.01 The City Council.
The authority and duties of the City Council established by this Ordinance and detailed herein are:
29.01.01 Consider amendments [o [he written zoning regulations. (See Section 31.06)
29.01.02 Consider amendments to the Zoning District Map. (See Section 31.06)
29.02 The Commission.
The authority and duties of the Commission established by this Ordinance and detailed herein are:
29.02.01 Advise the City Council in writing on amendments to the written zoning regulations. (See
Sectiorz 31.0
29.02.02 Advise the City Council in writing on amendments to the Zoning District Map. (See Section
31.0
29.02.03 Consider Development Plan applications for Planned Districts. (See Chapter 24)
29.02.04 Consider DP and ADLS applications for Overlay Zone Districts. (See Chapters 23A, 23B,
23C, 23D and 23~
29.03 The Board.
The authority and duties of the Board established by this Ordinance and detailed herein are:
29.03.01 Consider Special Use and Special Exception applications. (See Chapter 21)
29.03.02 Consider variance applications. (See Chapter 30)
29.03.03 Consider appeals. (See Chapter 30)
29.03.04 Final interpretation of zoning district boundaries. (See Section 4.06)
Chapter 29: AdminisVation
29-1
as amended per Z-35I; Z-356; Z-365-OI
Proposed Amendment Autumn Suxxner 2003 vl
CITY OF CARMEL & CLAY TO WNSHIP ZONING ORDINANCE
29.03.05 Make decisions concerning the existence of nonconforming uses. (See Section 30.0
Sec. 29.03 amended per Ordinance No. Z-365-01.
29.04 The Director.
29.04.01 It shall be the duty of the Director to administer and enforce this Ordinance. All permits,
Certificates of Occupancy and so forth are issued by the Director, and he shall be responsible for
determining [ha[ all such permits required herein are in compliance with the terms of this
Ordinance. He shall receive applications required by [his Ordinance, furnish prescribed
documents and forms, issue notices or orders as may be necessazy, regulate and administer all
matters pertaining [o zoning, subdivision and signage control within the jurisdiction of [he
Commission, including the retention of all records related thereto with [he exception of official
documents required to be retained by [he Clerk-Treasurer. All such records shall be open to public
inspection during normal office hours, but shall not be removed from the office of the Director.
29.04.02 I~rovemen[ Location Permits.
1. Unless otherwise excluded, it shall be unlawful to construct, alter, repair, remove or demolish
aay bnildine or structure or to commence tf~construction, or alteration of real estate,
retrial - ,without first filing a written application
with the Director and obtaining an Improvement Location Permit.
2. Every application for an Improvement Location Permit shalh when applicable, be
accompanied by:
a. a Site Plan, drawn to scale, showing locations of proposed and existing
improvements, easements and rights-of-way and the appropriate dimensions;
b. a legal description of the real estate involved;
c. a sewer or septic permit, as appropriate;
d. building elevations on all four sides of the proposed improvement; and,
e. the necessazy detailed construction plans.
In instances where application for an Improvement Location Permit is made for a
business, indusvial, manufacturing, institution or multiple family structure, the Director
may require detailed plans and information concerning vehiculaz and pedestrian traffic,
parking facilities, loading facilities, lighting, fencing, landscaping, water and sanitary
sewage facilities, storm water drainage facilities, signage, easements, common facilities
and open spaces, Administrative Building Council approvals and so forth.
3. The Director shall approve or deny the Improvement Location Permit within five (5) working
days of the receipt of the written application form and accompanying materials. The
Improvement Location Permit shall be issued when [he proposed structure, improvement
or use and its location conform in all respects to this Ordinance.
4. The Director shall issue an Improvement Location Permit for a vaziance use, a special use, an
appeal use or a Planned District use only after the appropriate approvals have been
granted.
5. No Improvement Location Permit shall be issued for the erection, reconstruction or structural
alteration of any building before application has been made for a Certificate of
Occupancy.
6. The Director, during his review of Improvement Location Permits, shall assure that all
National Flood Insurance Program regulations pertaining to State and Federal permits,
subdivision review, mobile home tie down standazds, utility construction, record keeping,
water-course alteration and maintenance and building permit review procedures have
been met.
Chapter 29: Administration
29-2
as amended per Z-351; Z-356; Z-365-0]
Proposed Amendment Autumn Summer 2003 vl
CITY OF CARMEL & CLAY TOW NSHIP ZONING ORDINANCE
29.04.03 Certificate of Occupancv.
1. No land shall be occupied or used and no building hereafter erected, reconstructed or
structurally altered shall be occupied or used, in whole or in part, for any purpose
whatsoever, until a Certificate of Occupancy shall have been issued by the Director
stating that the building and use comply with all of the provisions of this Ordinance
applicable to the building, premises or the use of the district in which it is to be located.
2. Upon completion of the improvement covered by the Improvement Location Permit requiring
a Certificate of Occupancy, the Director shall inspect the premises and, if his inspection
shall reveal that the improvement has been completed in substantial conformity with this
Ordinance and all other city codes or adopted state or national codes, he shall issue a
Certificate of Occupancy.
3. A Certificate of Occupancy shall be applied for coincidentally with the application for an
Improvement Location Permit and shall be issued within ten (]0) days after the lawful
erection, reconstruction or structural alteration of such building or other improvement of
the premises shall have been completed and inspected and approved by the Director.
29.04.04 Records of the Director. The Director shall retain records of the following items:
1. Copies of Improvement Location Permits plus associated building permits and informational
materials.
2. Copies of Certificates of Occupancy, both permanent and temporazy.
3. Copies of demolition permits.
4. Approved and signed subdivision plat mylazs.
5. Approved and signed Development Plans.
6. Files on all activities of the Boazd of Zoning Appeals, the City Council and the Plan
Commission, such as for the subdivision platting process, appeals, variances, special
uses, Development Plans for planned districts, zoning amendments (text and map
changes), nonconforming use determinations and zoning district boundary
determinations. Said files should include, but not be limited to, application farms,
newspaper published legal notices, record of the notice to adjoining and abutting property
owners, plans and other required or necessary information concerning the application and
minutes of the applicable body that pertain to the application.
29.05 The Clerk-Treasurer.
It shall be the duty of the Clerk-Treasurer to retain the official copy of the Zoning Ordinance and all
amendments thereto and the official zoning district map. All official zoning materials shall be available for
public viewing in the office of the Clerk-Treasurer during normal office hours.
29.06 Filing Fees.
Applications and petitions filed pursuant to [he provisions of this Ordinance shall be accompanied by [he
filing fees hereinafter specified, and shalt be paid [o the City of Carmel and collected by the Department.
On or before December 31" of each year, the Director shall determine if there has been an increase in the
Consumer Price Index (United States city average) prepared by the United States Department of Labor, by
comparing the arithmetic mean of the Index for July, August, and September of the current year with the
same three-month period of the preceding yeaz. If there has been an increase, the increase shall be stated as
a percentage of the arithmetic mean for the three-month period of the year preceding the current year (the
Adjustment Percentage). The Adjustment Percentage shall be rounded to the nearest one-tenth of one
percent (0.1%) and may not exceed four percent (4%), unless otherwise provided by ordinance. Whenever
the Director determines that there has been an increase, the Director may make a corresponding adjustment
Chapter 29: Administration
29-3
as amended per Z-351; Z-356; Z•365.OI
Pronoced Amendment Autumn SwxFner 2003 vl
CRY OF CARMEL&CLAY TOWNSHIP ZONMG ORDINANCE
to the filing and inspection fees (including late fees) that are assessed under this Chapter 29.06, in order to
recoup increases in personnel and adminisvative costs within the Department. However the adjustment
may not be greater than the Adjustment Percentage determined under this paragraph. The adjusted fees as
determined by the Director under this paragraph take effect on January 15t of the succeeding year.
29.06.01 Filing Fees.
1. Primary Plat $750.00 ~(~ plus $ I f~.0(i X51}0 per lot
2. Amended Plat or Replat $250.00 ~E~F11-Jat) plus i (M}.Of} per !;>t
(Primary, Secondary or Plat Vacation)
3. Secondary Plat $750.007AEkf~) Ius'9Qt0,(1(tperlot
4. 1Lark Sta@e¢ 250.0(}
45. Zoning Ordinance Amendment $750(HI ~AQbFl4? plus $ i 0@CH}?5 ttQi per acre
(text or map/rezone)
~foo Pt18A fbcdaenaeuee
57. Developmental Standards Variance
a. Sin€!e-family (primary residence)
b. All other
H:F9. Use Variance/Special Exception
~9. Subdivision Regulations Waiver
~! 0. Special Use & Special Use Amendment
r.! t. Development Plan
lA~ l2. Amended Development Plan
a-1-63. Appeal
i~94. Architectural Design, Lighting, and Sign
Approval
4 3 [ 5. Amended ADLS
a. sifn only
b. buildin /g site
~4 16. Horizontal Property Regime Review
+517. Commitment Amendment
$ t 250.00 plus $100.00 »er acre
varianerr~eefu~e.E
tj. $250.00 plus $75.OCi tae each
additional variance request
b. $950.00 Dlus $450.00 foe each
additional variance o•equest
$1250.00 k05EA.{-l0 plus $ E(KLfK- per acre
$750.00 t33(k08 plus $350.fM) ~0-t~1 for each
additional waiver request
$750.00 ~30,0lZ plus $ 900.00 tamer acre
$750.00 X00 00 plus $ E 00.00 ~Ste10 per acre
$750.00 Fi39.139 plus $500.00 ~ acre
$12,5.00 8:9®
$750.00 ~Q,00 (plus $100.00 3S:f)0 per acre
when not accompanied by a
Development Plan)
$3304)0 ~
a. $250.00 plus $50.00 per sign
b. ~500.OOplus $SO. der acre
$1000.00 plus $100.00 a3~lB per lot
$1000.0080&90 per commitment
Chapter 29: Adminisvation
29-4
as amended per Z-351; Z-356; Z-365-O1
Prooo~ed Amendment Autumn Summer 2003 vl
CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
i ~. 6Ppd ';<`De+vRr SiQ~ ~fimm ik eveesn
a. cxsiaHemtuati mekRrtartnm
~eaarmeaaerrt:aaG m~ekeRntuxa
'm,10. 'fl'eo9rneear& dr9ais®aT tC®mamnakG.ee~
~5:nt7. 3'~ak"~m Heteaasaed .~,m~iyses ~denueen
~,`,-22. SJmm~r-0~ ~fdk9~OL`a~kB
23. "5'aP¢a$ ~tak~evrsda~m ~~nurtaa (time extension to
beeirt conserucGon.. or extension for oroiect
.•onr ietkrr.
a. $ f 25.(M7
b. 3350.(10
ti2S(~ rKy
750.0
50(1.0€}
$75_QKi Errs cFra.r• e if forgrimar~eskdence
150.00
24. ~$a-78ewa~Pae• ~~ (when Dreviously identified
$150.00 tser &Y.e-review
issues have nut been carrecied or plans are so
poodv conceived and prepared that review
cannM take place a R?-review fee will be
assessed.
2S, ~ZA Hlear•fim~ ~Dt'taser
a. residential petition
b. commerciaB petition
a. $125.00 Ddus ~$75.~00 for each additional
variance reeques¢
b. $500.fX}~tlus 325000 for each additional
variance segues[
-~:~~r, Tr'99m~Q8~ ~~Pm119Q
$-3b27e b66anen~ eReemaaai 8~em®o•R ~xveeoa
~2~, ~B9¢ ~95QAHPbaImS@' ~~rmAAQ
X329. .~~%9H~i~4' ~PB~--kF'~ ~9-S6B9Y5S ~ePHmBQ
$!0.000.60 AnnuaE E'ermi¢
$ t 6,006.60
$ 125.60 + $25.60 per acre
$1000.00 Annual Permi¢
Chapter 29: Administration
29-5
as amended per Z-35I; Z-356; Z-365-OI
Proposed Amendment Autumn Summer 2003 v]
CRY OF CARMEL & CLAY TOW NSHIP ZONING ORDINANCE
29.06.02 Improvement Location Permit Fees (filing, inspection fees, and Certificates of Occupancy (C/O) are
required on all new construction).
Industrial, Institutional, and
Commercial: Structures, additions,
swimming pools, and accessory
buildings (including public
buildings and private schools)
$364.00 plus $0.18-Ida per gross sq. ft., ~'-.
~piirabke inetaic* inspections 1--3,
3;1!-aad-S
2. Single-family
3. Two-family dwelling
4. Multi-family dwelling (of any
construction type or ownership
classification)
5. Dwelling Additions:
P~
b. ~'-,gin..... .~-a.>a.n~-
6. Detached garage or carport esp-te~we
-~
$364.00 plus $0.10 per sq. ft: xc~F-LAP-s~-
~glicable -inspections ~;~~.
$364.00 plus $0.10 per sq. fr. ~vz~t ?3~q€ksq-
f~, ..C .,.,d 41 `..-,.~v-aic°a: -a+cal ~?~3 ~a$
applicable inspections '.. ', ?--~-T-~.ro,°°' .G.
$364.00 plus 250.6)QD 4-~5-5tb per unit, plus
applicable inspection fees , '~, ^ an:~F
$ 125.0[1 plus $0.12 per sq. fr, and
applicable inspection flees
.. fa.o.. 1 7 2 ^ .,.,.i G
T~ -~-a, ,r,+nn~~.
... F've.. 1 1 1 ^ .,.,.d G
m ~
$125.00 3E}30 plus applicable inspection
fees '. °~-~=•'a.,~ TG.
7. Residential accessory buildings or $75.00 2.630 plus $0.1003 per sq. ft. over
structures with or without i 50300 sq. ft. of total floor azea, plus
permanent foundations (excluding applicable inspection fees ','-r-~-a.,~°°'^.
all residential accessory buildings
under 120 sq. fr., farm buildings
under 400 sq. fr., ac~ixgle-G'arRi4y
k AN`I.:lo. L1~..,,. TJ.~L~
F,.: a:..,. .. :.ti _ ien~ _.,. ~.:1., t,,....o
9pdE~
$ ~~l .
..e C.. ...J...:,...~ .,.60...6.,., '....
.....F.'ie time ..., s. ..t.........,r,.., t,h
.. c..... 1 o a n....a c
Chapter 29: Administration
29-6
as amended per Z-351; Z-356; Z-365-01
Pmoosed Amendment Autumn Sulnreer 2003 vl
CRY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
h~-:':~, Structural Modification (Exterior or
Interior Remodeling):
a. Residential
$ I ZS.U(> 363U, plus applicable inspection
€~~:; -~.
b. Commercial, Industrial &
Institutional
c. Moving or changing
location of building or
structure (except mobile
homes and other
building with non-
permanentfounda[ions)
~-~ 9. Residential Swimming Pool: Single-
familyresidential (Excluding
portable pools two feet, nine inches
(2' 9") or less in depth)
,, c, „. Tn nF n~i
~'
a.o....~..,zT :~
faHtilYj
b.
29.06.03 ®ther Fees Spa-Bees:
l3. Temporary Use Permit (up to eighteen
Month (@81 month temporary permit,
$265.00, plus $0. @ 8 ~ per sq. ft. and
applicable inspection fees? :aad-4.
$ t 25.fitl 3t~K;, plus inspection fees.
$250.00, ~G3-5®plus $0. ! U U5 per sq. ft. of
total pool azea plus patio azea, plus
applicable inspection fees ~r-4-a~3.
a
$250.00, plus applicable inspection tees
fl6, -'Taartn®o¢aav Use Ex4rensi®n
dS. Teennaeo'aav Sien
H6. Special Eveao6 Peeaaaifl (5 day permit)
fl7. Siai Evene Extension (up to 5 davsp
18. Sign_permit application
19 Sign installation -Improvement permit
20. Time ExBensi®n Review (one time
$75.OU u t~iL~ six months
75.00
I$ 25.UQ
7$ S.IXD
75.00 33.30
$3U.OU per Bien face plus $1.6U per su. ft.
150.00
Chapter 29: Administration
29-7
as amended per Z-351; Z-356; Z-365-01
Proposed Amendment Autumn der 2003 vl
CrfY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
extension lgy[art cur~trur.[ion, Ur nne tine
e.vicrea:m ror fini=:h'(n~~gnsiiuciinn)
-~~-dke~uews• ~~~~when Drcviousfv idcr±u tied
i~suss have nom hcen rr~n-cetc~ c,~L~ns arr
poorly nrnccived an~r~ed That rr.?irw
an~oi take pl;i~c_.a I2e_rC~i!ew (ee ~sild=~e
asr-e5sed.'~
a. residcn;ial a. 3125.iX1
b. commeecial b'~ $25(1.6(1
2d. ~Oaet R,ur®eeadseseesQ ~ Nlodi$icatinns of
scone oI wark atter permit has been
i.sued
a.residentual a. $[25.(10
b.commercial b.. 250.00
R¢saadl ~eseaarYa 1 ~Baea >E$etsaema9 $ 56.(K1 per request (no charge ut~ for
peimary residence;
29.06.04 Certificate of Occupancy.
f . Residential $50.(H1 per dwelling emit.
2. Industrial, Commercial and $100.00 per leased sec?ion.
Institutional Buildings
~. Fa Pk°saI C/®
a~. R@50BfeV489~I 8. $106.'J(7
b. Canuonoenea°on~0 6..200.00
a. 1BesuaBer~¢aaI a. '$25.00
b. C®nneraeo•c6a9 b. 50.00
29.06.05 Demolition Permit Fees
Demolition or removal of buildings or $125.00 ~@:UB for the firs[ building or
structures structure plus $75_06 2c.nn for each
additional building or structure, plus
applicable ins ecp [ions.
29.06.06 Inspections (Additionall.
1. Footing and underslab plumbing:
a. Residenrial $52.00 per inspection.
Chapter 29: Administration
29-8
as amended per Z-351; Z-356; Z-365-OI
Proposed Amendment Autumn Summer 2003 vl
CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
b. Commercial/Indus[rial $93.50 per inspection.
2. Electrical -New meter base, meter base relocation, and pane] upgrades:
a. _Residential $52.00 per inspection.
b. Commercial/Industrial $93.50 per inspection.
3. 13onding and Oroundine (DOOisI
3:a. ReaidenCiai $52.00 per inspection.
3b. CommerciaE $93.50 ~ inspection.
3.
~. Rough-in (electrical, plumbing, heating and air conditioning):
a.Residential $52.00 per inspection.
b. Commercial/Industrial $93.50 per inspection.
4 5. Final structure:
a.Residential $52.00 per inspection.
b. CommerciaUlndustrial $93.50 per inspection.
~6. Final site:
a.Residential
b. CommerciaUlndustrial
C~7. All Other Inspections:
a. Residential
b. Commercial/Industrial
7 8. Duplicate Permit Placazds
$52.00 per inspection.
$93.50 per inspection.
$52.00 per inspection.
$93.50 per inspection.
$15.00 CAB each.
Chapter 29: Administration
29-9
as amended per Z-351; Z-356; Z-365-01
Proposed Amendment Autumn Summee 2003 vl
CRY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
29.06.07 Late Fees for Permits.
Late fees shal] be assessed for construction 6xi.irer: -uwd-n4°°°',,• •~•~ c~aeraek~rt=started r~r-t+ndc~r
w;ay-prior to obtaining required permits ;+~!~c~=iirra--~xa;+t-a+es~f~~ec}y:
a. Single-family, Two-fames
b. Multi-family
c. Commercial
d. lnstitutionai
d-e. Industrial
'T'wice Normal Fee+Fi OFi-Bates-Er.~
Twice Normal Fee +-3~?4i(}.~F~-'.-mot.
'~Erviee Normal Fee +~N~ii:4;P-?ate-#L~;.
Twice Pdormal Fee
Twice Normal Fee +-~<-)f#:~Fi-Ante-E€,~,
~E_All Other (including signs, pools,
accessory buildings, porches,
room additions, barns, or storage
buildings, etc.)
29.06.08 Late Fees on Inspections.
Normal Fee + $100.00 a3 88 late fee
within five (5) days after official
notice of the violation from the
Department. The fee will be increased
by $25.00 3-F3A per day as long as the
violation continues, up to, but not to
exceed $2500.00.
Late fees shall be assessed °P°°°° °°-o;.t ~° ~ -° ' °a °°° ~''''°' ~' °~•'~° °_°- •~l~epaFtsneslt
o€a-fietron missed inspections, includingoecunancy withouP a C/O. in the following fashion:
2"A~tme 3`~-tame 4'"ttrt~+
>Eacflu ~'o®9at®®oD
Single-family, ~ $75®.00 $741Q1f-16J
Two-family 336Y.98
Multi-family ~B 4a0fD $fl000B.6D0 $7f18:88
33~
F
S
Commercial $-F4 .
f
d?~.88 $fl000.®® $7(#8148
350
88
Institutional .
800®,0®
Industrial $14 8:80 $4000.QB0 X780.88
26~lY1
Other a $500.®(8 $-138.8
-1-0A 80
Additional permits will not be issued by the Depaztment to any individual, firm, or corporation
until all previously required permits, inspections and Certificates of Occupancy have been issued
and all fees paid. it' efr - •~_°° •~~ ; ° - •rF~.-~ -• ~°- _ _~a ~-; ~ ~~~•' - a N a
er,. i...,...•, ,
29.06.09 Builder Application c..I. r ............. r ',.°.,, ° c°°-
Builder Application "^°..,~' $ 125.00 annual fee 35,08-per
~~
Chapter 29: Administration
29-10
as amended per Z-351; Z-356; Z-365-07
Proposed Amendment Autumn Summer 2003 vl
CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
- ~i9-{-ff-h~-rLY-ri~1~3{'eEc"~`tfEN~-
1~`itx~ .`~r-,~'..,~<t~4jiK-idf.~?!=SLiklFlc
29.06.10 Exemptions from Fees.
The listed fees are waived for all City of Carmel. R'Eay'F'e~wnshu7 and Carmel/Clay School System
buildings or facilities, e• °~° "'~~- ~°°~°~• ~~° ~°°°
Sec. 29.06 amended per Ordinance No. Z-351. Amended per Ordinance No. Z-365-01.
29.07 Parks and Recreation Impact Fees.
Adopted and approved on December 18, 2000, and effective on and after June 18, 2001, as set forth in
Section 29.07.14.
29.07.00 Title.
This ordinance shall be referred to and known as the Parks and Recreation Impact Fee Ordinance
([he "PRIF Ordinance") for CarmeUClay Township, Hamilton County, Indiana.
29.07.01 Definitions.
All of the definitions contained in Chapter 3 of the Zoning Ordinance shall apply [o [his PRIF
Ordinance. In addition, the following definitions and rules of construction shall also apply to this
PRIF Ordinance:
FISCAL OFFICER. The fiscal officer, as defined by stated law, of the local government unit
imposing an impact fee pursuant to this PRIF Ordinance, namely the Clerk-Treasurer of
the City of Carmel.
IMPACT FEE STATUTE. The following provisions of the Indiana Code, as amended: IC 36-7-
4-1300 through IC 36-7-4-1342.
IMPROVEMENT LOCATION PERMIT. For purposes of the Impact Fee Statute, an
Improvement Location Permit (issued under the CarmeUClay Zoning Ordinance) shall be
considered a "structural building permit".
PARKS AND RECREATION INFRASTRUCTURE. The capital improvements that comprise
the parks and other recreational facilities that:
(i) aze owned or leased by the Pazks Board solely for a public purpose, and
(ii) are included in the 2001-2006 Zone Improvement Plan.
Parks and Recreation Infrastructure includes the site improvements and interests in rea]
property needed for such parks and other recreational facilities.
PARKS BOARD. The Carmel/Clay Board of Pazks and Recreation, which is hereby identified as
the "infrastructure agency" that is responsible for acquiring, constructing, or providing
Pazks and Recreation Infrastructure.
PETITION FOR REVIEW. A petition filed with [he Director [o initiate an appeal of an impact fee
calculation.
REVIEW BOARD. The Carmel/Clay Impact Review Board established under Section 29.7.9
below.
ZONE IMPROVEMENT PLAN. The zone improvement plan for Parks and Recreation
infrastructure which was prepared by the Commission in conjunction with the 2020
Vision Comprehensive Plan of the City of Carmel and Clay Township and approved by
Chapter 29: Adminisvation
29-11
as amended per 2351; Z-356; Z-365-01
Proposed Amendment AuNmn Sommer 2003 vl
CITY OP CARMEL & CLAY TOW NSHIP ZONING ORDINANCE
the Commission on September 17, 1996, was duly and properly reviewed and amended,
such amended version being approved by [he Commission on November 21, 2000, (the
"2001-2006 Zone Improvement Plan"). The 2001-2006 Zone Improvement Plan is
attached hereto as Exhibit A and made a part hereof.
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CITY OF CARMEL & CLAY TOWNSHIP 20NING ORDINANCE
29.07.02 Establishment of Impact Zone.
There is hereby established one Pazks and Recreation Infrastructure Impact Zone, the borders of
which are coterminous with the boundaries of Clay Township, Hamilton County, Indiana, and,
over which the City of Carmel exercises planning and zoning jurisdiction through a joinder
agreement with Clay Township. In this regard, the Council specifically finds that there is a
functional relationship between the components of the Park and Recreation Master Plan the 2001-
2006 Zone Improvement Plan, as each is amended from time to time, and that such plans will
provide a reasonably uniform benefit to al] of the citizens throughout the Impact Zone. The
Council further finds that all areas within the Impact Zone are contiguous as required in IC 36-7-4-
1316. Except as provided below, this PRIF Ordinance shall apply uniformly to all developments
within the Impact Zone hereby established for which the City of Cazmel and Clay Township may
require an Improvement Location Permit and which create a need for new and additional Pazks
and Recreation Infrastructure. This PRIF Ordinance shall not apply to:
(I) improvements which do not require an Improvement Location Permit;
(2) improvements which do not create a need for new and additional Parks and Recreation
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; or
(3) [he replacement of destroyed or partially destroyed improvement, provided that the
replacement improvement does not create a need for new and additional Parks and
Recreation Infrastrucmre over and above the infrastructure needed by the original
improvement prior to the destruction or partial destruction thereof.
29.07.03 2001-2006 Zone Improvement Plan.
The Council hereby finds that, prior to the adoption of this PRIF Ordinance, the Commission
undertook a comprehensive and detailed park and recreational impact analysis through the
employment for that purpose of a qualified engineer, and the resulting study and database were
used in the preparation of the 2001-2006 Zone Improvement Plan as required by IC 36-7-4-
1318(d). The Council has heretofore adopted the 2001-2006 Zone Improvement Plan and finds in
this regazd that the 2001-2006 Zone Improvement Plan does contain the following elements:
(a) Reasonable estimates relating to the nature of location of development that is expected within
the Impact Zone during the planning period, which, for the purposes of this PRIF
Ordinance is defined to be a period of eighteen (18) years commencing with the date of
adoption hereof.
(b) A reasonable determination of the community level of service for the Impact Zone.
(c) A reasonable determination of the current level of service provided within the Impact Zone.
(d) A reasonable estimate of the nature, location, sequencing, and timing of the park and
recreational improvements and costs necessary to provide the community level of service
for the developments contemplated in Subparagraph (a) hereof.
(e) A reasonable estimate of the shaze of the pazk and recreational costs identified in
Subparagraph (d) hereof that will be used to:
(1) Raise the current level of service for existing development or provide service to
existing development; or
(2) Provide service to new development.
(f) A reasonable estimate of revenues that:
(1) Are from sources other than impact fees; and,
(2) Will be used to finance the costs identified in Subparagraph (e) (1) above.
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(g) A description of [he nature and location of existing infrastructure in [he Impact Zone.
(h) A genera] description of the sources and amounts of money used to pay for infrastructure
during the previous five years.
In addition, the Council has specifically adopted the 2001-2006 Zone Improvement Plan as an
official part of the Carmel/Clay Comprehensive Plan pursuant to IC 36-7-4-500 et seq.
29.7.4 Establishment of Impact Fee.
Based upon the Pazk and Recreation Master Plan and 2001-2006 Zone Improvement Plan
previously referred to and which is made a part of this PRIF Ordinance, the Council determines
that the impact costs, minus the sum of non-local revenues and impact deductions (as defined in
IC 36-7-4-1321), equal the amount of Five Hundred Twenty-seven Dollars ($527.00) per
equivalent dwelling unit, and that, therefore, the impact fee to be imposed on every development
subject to this PRIF Ordinance shall equal the product of:
(a) Five Hundred Twenty-seven Dollars ($527.00) ,times
(b) the number of equivalent dwelling units to be constructed pursuant to the improvement
location permit obtained by the fee payer.
The Council does hereby make a part of the record of these proceedings, all of the data collected,
the calculations made, and the conclusions reached by the Commission in the process of
developing the 2001-2006 Zone Improvement Plan, and specifically instructs the Director to make
such data and other information inclusively available [o anyone for review during regular business
hours. In the event that any pazcel of real estate considered in the creation of the 2001-2006 Zone
Improvement Plan undergoes a change in use, redevelopment, or a modification which requires an
Improvement Location Permit, and creates a need for new infrastructure, an impact fee will be
assessed only for the increase in the burden on infrastructure.
29.07.05 Credit in Lieu of Pavment; Exemptions.
Pursuant to IC 36-7-4-1335, any person obligated to pay a fee pursuant to the terms of this PRIF
Ordinance may be granted the option of financing, constructing and dedicating Parks and
Recreation Infrasvucture instead of making all or part of any impact fee payment which may be
due, so long as such financing, construction and dedication are accomplished pursuant to the
2001-2006 Zone Improvement Plan and with the consent and acceptance of the Parks Boazd.
Such fee payer, or other person providing the infrastructure or improvement, shall be allowed a
credit in an amount equal to the sum of:
(A)the actual cost of constructing or providing the infrastructure or improvements, plus
(B)[he fair mazket value of the land, real property interest, and site improvements provided.
The amount of the credit shall be determined by agreement (the "Credit Agreement") between the
person consnucting or providing the infrastructure or improvement and the Parks Board. A fee
payer shall make a request for credit prior to the issuance of the Improvement Location Permit. In
the even[ the credit is less than [he amount of the impact fee due pursuant to Section 29.07.04
above, the remaining balance shall be due in accordance with [he provisions stated hereafter.
Credits against impact fees otherwise due shall be allowed pursuant to this Section for all
infrastructure and improvements constructed or furnished in accordance with IC 36-7-4-1313 and
IC 36-7-4-1335 since Januazy 1, 1989. In addition, a fee payer or other person responsible for
installing infrastructure of improvements may designate in writing a 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 Credit Agreement provided for above. Any person otherwise obligated to
pay the fee established by this PRIF Ordinance whose property was totally or partially destroyed
by fire, storm or other casualty beyond his or her control, shall be exempt from said fee if such
person repairs or replaces the destroyed structures without creating a burden on Parks and
Recreation Infrastructure greaser than the burden imposed by the destroyed structure. In the event
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Cn'Y OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
of such additional burden, the fee shall be calculated based only on the increased burden created
by the structure.
29.07.06 Impact Fee Due Unon Issuance of Improvement Location Permit.
The impact fee imposed pursuant to the terms of this PRIF Ordinance shall be due and payable
upon the issuance of an Improvement Location Permit. The entire fee which is calculated
pursuant to the terms of this PRIF Ordinance shall be due at said times unless the amount of the
fee upon calculation is greater than Five Thousand Dollars ($5,000), in which case and installment
plan may be requested by the applicant in accordance with the terms set forth in IC 36-7-4-1324
(a), (b), (c), and (d). The Review Board shall establish specific rules consistent with said code
provisions for installment payments. The interest rate on any installment plan or deferred payment
shall be the pre-judgment rate of interest set forth in the Indiana Code as from time-to-time
amended. If a fee payer requests, the amount of the impact fee shall be assessed upon .the
voluntary submission of a development plan or upon the issuance of the Improvement Location
Permit, whichever is eazlier. For purposes of this Section, "assessment" means the act of
calculating the amount of the impact fee which shall be due. The Director shall make such
assessment within thirty (30) days of the date of such voluntary request or at the issuance of the
Improvement Location Permit with or without a request.
29.07.07 Lien Riehts Established.
Pursuant to IC 36-7-4-1325, the City of Carmel acquires a lien against the real estate which is the
subject of the impact fee. Upon adoption, this PRIF Ordinance shall be recorded, and, thereafter,
it shall constitute constructive notice of the lien rights of the City. The City may, in its discretion,
file a specific instrument setting forth its lien rights with respect to a parcel of real estate which is
the subject of an installment payment plan for an impact fee, and such instrument-shalt constitute
actual notice in addition to the constructive actual notice in addition to the constructive notice
provided for by the recording of this PRIF Ordinance.
29.07.08 Form of Receipt.
The Director shall issue a receipt for any and all impact fees collected, and the form of such
receipt shall be as follows:
Received of [fee payer], this [date] day of [month, year], the sum of $[amount] in
[full/partial] satisfaction of impact fees due pursuant to Ordinance No. Z-356 relating to
improvements to be constmcted on the real estate described on Exhibit A, attached
hereto, made part hereof, and subject to lien rights in favor of the City of Carmel in the
event of partial payment with payments remaining due. The remaining balance due (if
any) is in the following amount: $ This impact fee is dedicated to the
creation of the following infrastructure elements in accordance with the 2001-2006 Zone
Improvement Plan:
DEPARTMENT OF COMMUNITY SERVICES
City of Carmel
29.07.09 Establishment of Review Board: Hearing of Aapeals.
There is hereby established the Carmel Clay Impact Fee Review Board. The Review Board shall
consist of three (3) citizen members (who may be residents of the City of Carmel and/or Clay
Township), appointed by the Mayor of the City of Carmel to serve for terms of four (4) years;
however, for the purpose of providing for staggered terms of office, the initial member of the
Review Board shall be appointed for respective terms of two (2) years, three (3) years, and four
(4) years. The members of the Review Board may not be members of the Commission and must
meet the qualifications prescribed in IC 36-7-4-1338(b), that is,
• one (1) licensed real estate broker,
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CITY OF CARMEL & CLAY 70W NSHIP ZONING ORDINANCE
• one (1) licensed engineer, and
• one (1) certified public accountant
Whenever a member of the Review Board is unable to participate in any matter before the boazd
because of a conflict of interest, the Mayor shall appoint a temporary replacement member,
meeting the qualifications of [he member being replaced, to serve on the board for the purpose of
hearing that matter only. The Review Boazd shall be governed by IC 36-7-4-1338(c) and al] other
applicable provisions of the Impact Fee Statute. Any fee payer who believes itself to be aggrieved
by the calculation of an impact fee may appeal from such calculation to the Review Board and the
Review Boazd shall conduct a hearing with regard thereto. At such hearing, the fee payer shall
bear the burden of going forward with the evidence and shall present evidence addressing either of
the following propositions:
(a) A fact assumption used in determining the amount of the impact fee is incorrect; or
(b) The amount of the impact fee is greater than the amount allowed under IC 36-7-4-1320, IC 36-
8-4-1321, and IC 36-7-4-1322.
Upon conclusion of the presentation of evidence, the Review Board shall make a determination
within thirty (30) days, upon the facts presented and may make such adjustments in the impact fee
as it deems are appropriate under the circumstances, if any. An appeal under this Section 29.79
must be filed not later than thirty (30) days after the issuance of the Improvement Location Permit.
The appeal shall be initiated with [he filing of a Petition of Review with the Director, together
with a filing fee in the amount of One Hundred Dollars ($100). The filing fee shall be refunded in
full:
(1) if the Petition of Review is granted and the impact fee is eliminated, reduced or adjusted by the
Review Board, by independent action of the Director, or by a court having jurisdiction,
and
(2) if the reviewing body determines that the amount of the fee, reductions, or credits were
arbitrary or capricious.
The Petition of Review shall be in a form calculated to inform [he Review Board of the nature of
the complaint, the parties to the action, and the relief requested. In addition, the petition shall
describe the new development on which the impact fee has been assessed, all facts related to the
assessment of the impact fee, and the reasons the petitioner believes that the amount of the impact
fee assessed is erroneous or is greater than the amount allowed by the fee limitation set forth in the
Impact Fee Statute. The Director shall not deny the issuance of Improvement Location Permits on
the basis that the impact fee has not been paid, or condition issuance of the permit on the payment
of [he impact fee. However, unless the impact fee exceeds One Thousand Dollars ($1,000), [he
fee payer shall pay the impact fee or initiate an appeal under this Section before being issued the
permit.
29.07.10 Establishment of Impact Fee Fund.
There is hereby established an Impact Fee Fund within the City of Carmel to receive any and all
sums collected pursuant to this PRIF Ordinance and any other Impact Fee Ordinance that may
hereafter be adopted, [o be utilized in connection with the purposes se[ forth in Section 29.07.11
below. A special account shall be established in the fund for Parks and Recreation Infrastructure
which shall be kept separate from any other account [hat may hereafter be established in the fund
for other infrastructure types. In the even[, and only in the event, that an additional Impact Zone
for Parks and Recreation Infrastructure is created hereafter, a separate account shall be maintained
for each separate Impact Zone established within the City of Carmel and Clay Township. Interest
earned on any such account shall be deposited and maintained within the sepazate account. The
Fiscal Officer shall manage the Impact Fee Fund according to the provisions of the Impact Fee
Statute and maintain records of the status of any such account. Pursuant to IC 36-7-4-1329, the
Fiscal Officer shall make an annual report to the Commission and the Parks Board of said
accounts which shall be available [b the public in general and fee payers, upon request, in
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CRY OF CARMEL & CLAY TOW NSHIP ZONMG ORDINANCE
pazticulaz. The right to any refund of an impact fee shall be determined strictly in accordance with
IC 36-7-4-1332,and the Fiscal Officer is designated, pursuant to IC 36-7-4-1332(e), as the official
responsible for acting upon any refund application that may be filed by fee payers. In order to
facilitate the payment of any refunds when they may be due, the Fiscal Officer is directed to
identify the purpose of any impact fee paid in order that a refund, if any, may be paid from the
account into which the fee was originally deposited.
29.07.1 I Use of Impact Fees Collected.
Any and all fees collected pursuant to the provisions of this PRIF Ordinance may be utilized only
for the following purposes:
(a) Providing funds to be utilized by the Parks Board for the purpose of paying the capital costs of
Parks and Recreation Infrastructure that is necessary to serve the new development within
the City of Carmel and Clay Township and that is identified in the 2001-2006 Zone
Improvement Plan;
(b) An amount not to exceed Five Percent (5%) of the annual collections of the fees, to be utilized
by the Parks Board for expenses incurred by such City and Township for the consulting
services that are used with regard to the establishment and maintenance of [his impact fee
program;
(c) To pay any refund that may be due under IC 36-7-4-1332;
(d) To pay the debt service cost on an obligation issued to provide Parks and Recreation
Infrastructure described in Subparagraph (a) above, in accordance with IC 36-10-3-27.
29.07.12 Conflicts with Impact Fee Statute.
The Council specifically acknowledges the existence of the Impact Fee Statute, which regulates
the adoption of impact fee ordinances by municipal corporations within the State of Indiana. It is
the intent of the Council to comply with such legislation, and this PRIF Ordinance shall be
construed in all respects [o be consistent with the Impact Fee Statute. The substantive and
procedural requirements of the Impact Fee Statute shall control in the even[ of conflicts, which are
unintended by the Council.
29.07.13 Amendments and Review.
The impact fee provided for herein is based upon information that, in large part, is subject to
inflation and other economic and market forces over which the Council has no control. The
Council may, therefore, not less than once each year, cause a review to be made by the Director or
such consultants as may be required, to determine the continuing validity of the Impact Fee, the
Impact Zone, and the 2001-2006 Zone Improvement Plan. The Council may consider and adopt
such amendments as are necessary to cause a substantive compliance with all constitutional and
statutory requirements. To the extent required by the facts and circumstances, this process shall
include the steps necessary to update the 2001-2006 Zone Improvement Plan and the
Comprehensive Plan.
29.07.14 Effective Dale and Expiration Date.
Pursuant to IC 36-7-4-1340, this PRIF Ordinance shall be effective six (6) months following its
adopting) in accordance with the Impact Fee Statute, replacing the PRIF Ordinance adopted in
November of 1996 and wholly contained in Section 29.07 of the Carmel Ci[y Code. This PRIF
Ordinance shall expire five (5) years following such effective dateZ, and no impact fee may be
collected under this PRIF Ordinance after such expiration date. However, the Council may adopt
a replacement impact fee ordinance to take effect before, on, or after such expiration date if the
replacement ordinance complies with the provisions of the Impact Fee Statute.
Sec. 29.07 amended per Ordinance No. Z-356.
' Ordinance No. 2356 adopted December 18, 2000; effective June l8, 2001.
r Ordinance No. 2356 expires June 18, 2006.
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-- - Proposed Amendment Autumn Sommer 2003 vl
CITY OF CARMEL & CLAY TOW NSHIP ZONING ORDINANCE
CHAPTER 29: ADMINISTRATION
AMENDMENT LOG
Ordinance No. Docket No. Council Approval Effective Date Sections Affected
Z-305 Jul 17, 1995
X351 November 6, 2000 November 6, 2000
Z-356 December 18, 2000 June 18, 2001 29.7
Z-365-O1 76-Ola OA November 5, 2001 November 27, 2001 29.3.1; 29.6;
29.6.2(1);
29.6.2(11);
29.6.7(e); 29.6.8
I9eI°enitu®ns:
'1C¢nesaoo'aver IJse° short-team or ^easonal uses not conducted in an enciosed builidnB or reeular place of business,
intended to sell, or promote specific merchandise or products classified rota two sate og ties:
a Residertial modes home, temporary sales oftices,
b Grand Opening_Sales seasonal and holidaysales and Auctions and Estate Sales
Sp¢cial IEv¢aoQ P¢rmnet° Short-term cultural communrty and entertainment events that take place indoors or rn1t shall
be considered special events including but not limited Ho Tund-raisdne activities by not-for-prestit organizations
walks suns and bike events. concerts, carnivals or festivals
ABt¢o•afteuvn ®ff R¢aQ ]EsQaQ¢^ any human made change to unimproved property includin~+ but not limbed to drilling
operations excavation tilling,_gradinB, site clearance or paving
NaBev¢ Grass¢s° Native or naturalized perennial r~rass species other than those detined as turf Brasses or those
desi¢nated as noxious weeds by the Purdue lJniversity Department of ABriculature
Famifv
Group Residential
Chapter 29: Administration
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