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Whitestown hires consultant for road impact fee study; council approves up to $330,100
Summary
Council approved an agreement with EMCs to study a townwide road impact fee that staff said would apply to new development building permits; staff estimated implementation could take 12–24 months and highlighted legal and timing constraints.
The Whitestown Town Council on May 14 approved an expenditure not to exceed $330,100 for a contract with EMCS, Inc., to perform a townwide road impact fee study intended to recover some roadway costs from new development.
Town staff said the study will take six to eight months to complete, followed by required statutory steps and a six-month waiting period before a fee could be imposed; staff and legal counsel estimated the earliest collections are likely about a year to 18 months away and that implementation timelines mean the fee would not immediately offset recent cuts to road funding.
Planning staff described impact fees as one-time charges assessed when developers apply for building permits; the fee is calculated on a per-trip basis for residential and commercial uses. "This is not a tax on any existing residents. I just want to be very clear," Sri said, adding that the study will measure traffic volumes, develop trip rates and estimate fees per unit type. Sri provided examples from nearby jurisdictions, noting a per-trip figure for Westfield and describing how a residential unit’s typical trip count converts to a per-unit fee. Staff also said an estimate in a memo suggested Whitestown would have collected roughly $8 million over the last two years if a fee had been in place for that period.
Town legal counsel outlined the statutory and legal constraints: the study must establish a clear improvement area and a showing of proportionality and nexus to avoid exposure to recent court challenges relating to exactions. Counsel also reminded the council that road impact fee authorizations are time-limited (five years) and that the study must be updated if the town chooses to keep the fee in force. Council members asked about study coverage and timing; staff said volumes will be collected across the town and that steering committees and statutory participants will be included in the process. The council voted 5-0 to approve the contract and the expenditure.
Staff said the study cost will be included in the eventual fee schedule so the town can recover the study cost from future collections. The town said implementation will require additional administrative steps, steering committee formation and public notice before an ordinance could be adopted and fees collected.
