A fee payer is entitled to receive a credit against an impact fee under certain circumstances pursuant to IC 36-7-4-1335. In accordance therewith, any person or entity obligated to pay an impact fee pursuant to the terms of this article shall have the option of financing, constructing, and dedicating road and street infrastructure or other improvements that are intended to be used relative to road and street infrastructure, to be owned and operated by the Town for the public benefit, that are not a type of improvement that is uniformly required by law for the type of development on which the impact fee has been or will be imposed, that is or will be public property, that is beneficial to existing development and future development in the impact zone and is not beneficial to only one (1) development, that either allows for removal of a component of infrastructure planned for the impact zone or is reasonably likely to be included in a future zone improvement plan, and that is constructed, furnished or guaranteed by a bond or letter of credit under a request by the Town or required to be constructed or furnished under a written commitment, instead of paying all or part of the impact fee that may be due, so long as such financing, construction, and dedication are accomplished pursuant to the Town comprehensive plan and in accordance with the road and drainage specifications for such road infrastructure to be improved. A person or entity providing such infrastructure or improvement shall be given credit for the actual costs of planning, financing, and constructing such road and street infrastructure or other improvements dedicated to the Town, which actual costs shall be verified by certification from a registered engineer, architect or contractor. Such certification shall be presented prior to the issuance of any building permit. In the event that the actual cost of such planning, financing, and construction does not equal the amount of the impact fee, the remaining balance shall be due in accordance with the provisions of this article.

Credits against an impact fee otherwise due shall be allowed pursuant to this section for all infrastructure improvements constructed or furnished in accordance with IC 36-7-4-1313 and 36-7-4-1335, respectively. In addition, a person or entity responsible for installing infrastructure or improvements may designate in writing a method of allocating its credits to future road impact fee payers, who may be successors in interest to such credits, as part of the certification described above.

Any person or entity otherwise obligated to pay the impact fee whose property was totally or partially destroyed by fire, storm, or other casualty beyond the person's or entity's control shall be exempt from the impact fee if the person or entity repairs or replaces the destroyed structure without creating a burden on the existing road and street infrastructure greater than the burden originally imposed on such infrastructure by the destroyed structure. In the event of such additional burden, the impact fee shall be calculated based only on the increased burden created by the new structure.