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Indiana Code Title 36. Local Government § 36-7-4-1109.1

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 1109.1. (a) As used in this section, “extraordinary event” means a circumstance that is:

(1) unforeseen;  and

(2) not within the reasonable control of a party, including the following:

(A) Fire, flood, tornado, or other natural disasters or acts of God.

(B) War, civil strife, a terrorist attack, or other similar acts of violence.

(C) Unavailability of materials, equipment, services, or labor, including unavailability due to ongoing global supply chain shortages.

(D) Utility or energy shortages or acts or omissions of public utility providers.

(E) Unexpected or extensive delays in procuring required permits, zoning, or other approvals necessary to perform a party's obligations.

(F) Any delay resulting from a pandemic, epidemic, or other public health emergency or related restrictions.

(G) Litigation or a regulatory proceeding regarding a development.

(H) Other unforeseen events over which a party has no control.

The term does not include a party's failure to anticipate normal and customary delays due to weather.

(b) This section applies if a local authority requires an applicant to meet certain requirements within a specified time in order to:

(1) obtain a permit;  or

(2) maintain a permit.

(c) If an applicant shows that an extraordinary event prevented the applicant from meeting the requirements described in subsection (b) within the specified time, the local authority shall grant the applicant an extension of time to meet the requirements.  At a minimum, the deadline for meeting the requirements must be extended by the length of the delay that:

(1) was caused by the extraordinary event;  and

(2) prevented the applicant from meeting the deadline.

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Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-7-4-1109.1 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-7-4-1109-1/

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