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Plan Commission recommends impact-fee ordinance changes to align with new state law
Summary
The Fishers Plan Commission on June 3 recommended that City Council adopt an ordinance to incorporate House Enrolled Act 101 provisions and update membership rules for the city's impact-fee advisory committee so the city can continue collecting impact fees after June 30.
The Fishers Plan Commission on June 3 voted to forward a favorable recommendation to City Council on an ordinance that incorporates provisions of House Enrolled Act 101 into the city's impact-fee rules. City Attorney Lindseay Bennett presented the ordinance during the Plan Commission's public hearing.
Bennett told commissioners the state law added requirements for impact fees and for the composition of impact-fee advisory committees. "We will apply the impact fees that are in the impact zones in accordance with House Enrolled Act 101," Bennett said, and the ordinance also updates the advisory committee to add members the statute requires.
The presentation explained that, rather than amend every impact zone now, the city will incorporate the statutory language into the ordinance and perform a separate impact-zone amendment later this year. Bennett said the approach is intended to satisfy the new statutory requirements and allow Fishers to continue imposing and collecting impact fees after June 30.
Commissioners asked how advisory-committee members will be selected under the new law. The commission discussed that the statute requires representatives from certain industry groups (including a single-family builder, a multifamily builder and a realtor) to be included and that those positions must be selected based on recommendations from statewide trade associations; appointments are then made by the mayor. Bennett said the mayor appoints the members upon the associations' recommendations and acknowledged the practical details for soliciting those recommendations will need to be worked out with the associations.
The commission opened and closed the public hearing with no public speakers. A motion to forward a favorable recommendation was made by Pete and seconded by Tiffany; the motion carried on a voice vote.
The ordinance will return to City Council for a public hearing and final action, with staff noting the goal of completing adoption before the statutory June 30 deadline so impact fees can continue to be collected.
Votes at the meeting on the recommendation were by voice; no roll-call tallies were recorded in the Plan Commission transcript.
