HomeMy WebLinkAboutZ-450-04 DraftDRAFT' 12/21/04
Ordinance No. Z450-04
RESTATED AND AMENDED ORDINANCE TO ESTABLISH AN IMPACT FEE FOR
THE PURPOSE OF PLANNING AND FINANCING PARK AND RECREATIONAL
INFRASTRUCTURE NEEDED TO SERVE NEW RESIDENTIAL DEVELOPMENT
WHEREAS, the Common Council of the City of Carmel finds that it is reasonable and
necessary to protect the public health, safety, comfort, morals, convenience and general
welfare of the citizens of the City of Carmel and Clay Township by providing for an
equitable program to finance the planning, acquisition and construction of park and
recreational infrastructure necessary to serve newly developing areas of the City and
Township;
WHEREAS, the Common Council further finds that it is reasonable and necessary to
promote and accommodate the orderly growth and development of the City and Township
by establishing standards by which the City may require that new development shall pay
an impact fee representing such development's proportionate share of the cost of planning
and financing the park and recreational infrastructure necessary to serve the new
development; and
WHEREAS, the Common Council finds that new development should not be required
to pay a fee for the planning and financing of such park and recreational infrastructure
which is greater than the amount that existing development will pay to provide the
infrastructure that is needed to serve the existing development; and
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WHEREAS, in cooperation with the Carmel/Clay Board of Parks and Recreation
Board this Council requested that the Director of the Department of Community Services
review the appropriateness of the Impact Fee, the Impact Fee Zone and the Zone
Improvement Plan and if deemed necessary, prepare a proposed replacement impact fee
ordinance; and
WHEREAS, the Director of the Department of Community Services has caused such
a review; and
WHEREAS, in consultation with the Engineer of the City of Carmel, the Plan
Commission has prepared an amended ZOne Improvement Plan for the City and
Township which provides for the planning and financing of the additional park and
recreational infrastructure necessary to serve new development in the City and Township;
and
WHEREAS, such Zone Improvement Plan was duly approved by the Plan
Commission on
., and recommended to the Common Council along
with this Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, that, pursuant to IC 36-7-4-1311, it adopts this Amended and Restated
Impact Fee Ordinance as an amendment to the Carmel/Clay Zoning Ordinance Z-289, as
amended (the "Zoning Ordinance"), and replaces the language in Section 29.7, entitled
Parks and Recreation Impact Fees, to the Zoning Ordinance with the following language
and from the date hereof, Section 29.7 shall read as follows'
29.7
PARKS AND RECREATION IMPACT FEES' Adopted and approved on
.,] and effective on and after [.
], as set forth in Section
29.7.14.
29.7.0 Title
This ordinance shall be referred to and known as the Parks and Recreation Impact Fee
Ordinance (the "PR/F Ordinance") for Carmel/Clay Township, Hamilton County,
Indiana.
29.7.1 Definitions
All of the definitions contained in Section 3.0 of the Zoning Ordinance shall apply to this
PRIF Ordinance. In addition, the following definitions and roles of construction shall
also apply to this PRIF Ordinance'
FISCAL OFFICER. The fiscal officer, as defined by state 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 Carmel/Clay 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) are owned or leased by
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the Parks Board and/or the City of Carmel solely for a public purpose, and (ii) are
included in the 2005-2010 Zone Improvement Plan. Parks and Recreation
Infrastructure includes the site improvements and interests in real property needed
for such parks and other recreational facilities.
PARKS BOARD. The Carmel/Clay Board of Parks and Recreation, which is hereby
identified as the "infrastructure agency" that is responsible for acquiring,
constructing, or providing Parks and Recreation Infrastructure.
PETITION FOR REVIEW. A petition filed with the Director to initiate an appeal of
an impact fee calculation.
REVIEW BOARD. The Carmel/Clay Impact Fee 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 the Commission on September 17, 1996, and amended
by the Commission on November 21, 2000, and was further reviewed and
amended, such amended version being approved by the Commission on
, (the "2005-2010 Zone Improvement Plan"). The 2005-2010
Zone Improvement Plan is attached hereto as Exhibit A and made a part hereof.
29.7.2 Establishment of Impact Zone.
There is hereby established one Parks and Recreation Infrastructure Impact Zone, the
borders of which are coterminous with the boundaries of Clay Township, Hamilton
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County, Indiana, and, over which the City of Carmel exercises planning and zoning
jurisdiction pursuant to IC 36-7-4-205. In this regard, the Council specifically finds that
there is a functional relationship between the components of the Park and Recreation
Master Plan and the 2005-2010 Zone Improvement Plan, as each is amended from time to
time, and that such plans will provide a reasonably uniform benefit to all 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 Carmel and Clay Township may require an
improvement location permit and which create a need for new and additional Parks and
Recreation Infrastructure. This PRIF Ordinance shall not apply to'
(1) 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) the replacement of a destroyed or partially destroyed improvement, provided that
the replacement improvement does not create a need for new and additional Parks
and Recreation Infrastructure over and above the infrastructure needed by the
original improvement prior to the destruction or partial destruction thereof.
29.7.3 2005-2010 Zone Improvement Plan.
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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 and consulted with the City Civil Engineer (appointed under IC 36-4-9-8), and
the resulting study and data base were used in the preparation of the 2005-2010 Zone
Improvement Plan as required by IC 36-7-4-1318(d). The Council has heretofore adopted
the 2005-2010 Zone Improvement Plan and finds in this regard that the 2005-2010 Zone
Improvement Plan does contain the following elements:
(a) Reasonable estimates relating to the nature and 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 ten (10) 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 share of the park 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.
(g) A description of the nature and location of existing infrastructure in the Impact
Zone.
(h) A general 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 2005-2010 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 Park and Recreation Master Plan and 2005-2010 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 nonlocal revenues and impact
deductions (as defined in IC 36-7-4-1321), do not exceed the amount of
Dollars ($ \ .'~,'~, .~
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)
Dollars ($ [ ."L6\ .(>t> ), times (b) the number of
equivalent dwelling units to be constructed pursuant to the improvement location permit
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obtained by the fee payer. The Council does hereby make as 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 2005-2010 Zone Improvement Plan,
and specifically instructs the Director to make such data and other information inclusively
available to anyone for review during regular business hours. In the event that any parcel
of real estate considered in the creation of the 2005-2010 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.
29.7.5 Credit in Lieu of Payment; 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 Infrastructure 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 2005-2010 Zone Improvement Plan and with the consent
and acceptance of the Parks Board. 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) the fair market value of the land, real property interests, and site improvements
provided. The amount of the credit shall be determined by agreement (the "Credit
Agreement") between the person constructing or providing the infrastructure or
improvement and the Parks Board. A fee payer shall make a request for credit prior to the
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issuance of the improvement location permit. In the event the credit is less than the
amount of the impact fee due pursuant to Section 29.7.4 above, the remaining balance
shall be due in accordance with the 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 January 1, 1989. In addition, a fee payer or other person responsible for
installing infrastructure or 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
structure without creating a burden on Parks and Recreation Infrastructure greater than
the burden imposed by the destroyed structure. In the event of such additional burden, the
fee shall be calculated based only on the increased burden created by the structure.
29.7.6 Impact Fee Due Upon 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 time unless
the amount of the fee upon calculation is greater than Five Thousand Dollars ($5,000), in
which case an 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
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specific roles 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
earlier. 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.
29.7.7 Lien Rights 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 fights of the
City. The City may, in its discretion, file a specific instrument setting forth its lien fights
with respect to a parcel of real estate which is the subject of an installment payment plan
for an impact fee, and such instrument shall 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.
29.7.8 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'
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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-450-04 relating to improvements to
be constructed 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 p.ay_ments
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~ac~ordance
with the 2005-2010 Zone Improvement Plan' .
DEPARTMENT OF COMMUNITY SERVICES
City of Carmel
29.7.9 Establishment of Review Board; Heating of Appeals.
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 members 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 by IC 36-
7-4-1338(b), that is, one (1) licensed real estate broker, one licensed (1) engineer, and one
(1) certified public accountant. Whenever a member of the Review Board is unable to
participate in any matter before the board because of a conflict of interest, the Mayor shall
appoint a temporary replacement member, meeting the qualifications of the member
being replaced, to serve on the board for the purpose of hearing that matter only. The
Review Board shall be governed by IC 36-7-4-1338(c) and all 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 Board shall conduct a hearing with regard thereto. At such hearing, the fee
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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 36-7-4-1321, 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 29.7.9 must be filed not later than thirty (30) days after the
issuance of the improvement location permit. The appeal shall be initiated with the filing
of a Petition for 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 for Review shall be in a form calculated to inform the 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
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that the amount of the impact fee assessed is erroneous or is greater than the amount
allowed by the fee limitations set forth in the Impact Fee Statute. The Director shall not
deny the issuance of improvement location permit on the basis that the impact fee has not
been paid, or condition issuance of the permit on the payment of the impact fee.
However, unless the impact fee exceeds One Thousand Dollars ($1,000), the fee payer
shall pay the impact fee or initiate an appeal under this section before being issued the
permit.
29.7.10 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, to be utilized in connection with the purposes
set forth in Section 29.7.11 below. A special account shall be established in the fund for
Parks and Recreation Infrastructure which shall be kept separate from any other account
that may hereafter be established in the fund for other infrastructure types. In the event,
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 separate
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 to the
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public in general and fee payers, upon request, in particular. The fight 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 applications 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.
29.7.11 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 2005-2010 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 the Parks Board and/or
the City for the consulting services that are used with regard to the establishment
and maintenance of this 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 or other applicable law.
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29.7.12 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
PR/F Ordinance shall be construed in all respects to be consistent with the Impact Fee
Statute. The substantive and procedural requirements of the Impact Fee Statute shall
control in the event of conflicts, which are unintended by the Council.
29.7.13 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, from time to time, 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 2005-2010 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
2005-2010 Zone Improvement Plan and the Comprehensive Plan.
29.7.14 Effective Date and Expiration Date.
Pursuant to IC 36-7-4-1340, this PRIF Ordinance shall be effective
which is not earlier than six (6) months following its adoption in accordance with the
Impact Fee Statute, replacing the PRIF Ordinance adopted in December of 2000 and
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wholly contained in Section 29.7 of the Carmel City Code. This PRIF Ordinance shall
expire five (5) years following such effective date, 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.
of
PASSED by the Common Council of the City of Carmel, Indiana this
2005, by a vote of ayes and nays.
day
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Kevin Kirby
Ronald E. Carter, President Pro Tempore
Brian D. Mayo
Fredrick J. Glaser
Mark Rattermann
Joseph C. Griffiths
Richard L. Sharp
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
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Presented by me to the Mayor of the City of Carmel, Indiana this
2005, at ~.M.
day of
Diana L. Cordray, IAMC, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this~
2005, at ~.M.
day of
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-450-04
Prepared by: John R. Molitor, Attorney at Law
Representing the Department of Community Services
CITY OF CARMEL
One Civic Square
Carmel, IN 46032