Revised Impact Fee Proposal I-1 ry
Revised Impact Fee Proposal.
29.07.05 Credit in Lieu of Payment; Exemptions.
29.7.5.1 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 either (A) pursuant to the 2010 -2015 Zone Improvement Plan and with the
consent and acceptance of the Parks Board, or (B) under a request by the Carmel Board of Public Works and
Safety and with the consent and acceptance of the Board of Public Works and Safety.
29,7.5.2 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.
29.7.5.3 The amount of the credit shall be determined by agreement (the "Credit Agreement between the
person constructing or providing the infrastructure or improvement and either (A) the Parks Board or (B) the
Board of Public Works and Safety, depending upon which board is to accept the dedication of the
infrastructure or improvement. A fee payer shall make a request for credit prior to the 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.
29.7.5.4 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.
29.7.5.5 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.