As used in this chapter, the following words have the meanings stated in this section:

(1)  “Capital improvements” means improvements with a useful life of ten (10) years or more, which increases or improves the service capacity of a public facility;

(2)  “Capital improvement program” means that component of a municipal budget that sets out the need for public facility capital improvements, the costs of the improvements, and proposed funding sources. A capital improvement program must cover at least a five (5) year period and should be reviewed at least every five (5) years;

(3)  “Developer” means a person or legal entity undertaking development;

(4)  “Governmental entity” means a unit of local government;

(5)  “Impact fee” means the charge imposed upon new development by a governmental entity to fund all or a portion of the public facility’s capital improvements affected by the new development from which it is collected;

(6)  “Proportionate share” means that portion of the cost of system improvements which reasonably relates to the service demands and needs of the project; and

(7)  “Public facilities” means:

(i)  Water supply production, treatment, storage, and distribution facilities;

(ii)  Wastewater and solid waste collection, treatment, and disposal facilities;

(iii)  Roads, streets, and bridges, including rights-of-way, traffic signals, landscaping, and local components of state and federal highways;

(iv)  Storm water collection, retention, detention, treatment, and disposal facilities, flood control facilities, bank and shore projections, and enhancement improvements;

(v)  Parks, open space areas, and recreation facilities;

(vi)  Police, emergency medical, rescue, and fire protection facilities;

(vii)  Public schools and libraries; and

(viii)  Other public facilities consistent with a community’s capital improvement program.

History of Section.
P.L. 2000, ch. 508, § 1.