ยง46-142 - Authority to impose impact fees; enactment of ordinances required.
ยง46-142ย Authority to impose impact fees;
enactment of ordinances required.ย (a)ย Impact fees may be assessed,
imposed, levied, and collected by:
(1)ย Any county for any development, or portion
thereof, not involving water supply or service; or
(2)ย Any board for any development, or portion
thereof, involving water supply or service;
provided that the county enacts appropriate impact
fee ordinances or the board adopts rules to effectuate the imposition and
collection of the fees within their respective jurisdictions.
(b)ย Except for any ordinance governing impact
fees enacted before July 1, 1993, impact fees may be imposed only for those
types of public facility capital improvements specifically identified in a
county comprehensive plan or a facility needs assessment study.ย The plan or
study shall specify the service standards for each type of facility subject to
an impact fee; provided that the standards shall apply equally to existing and
new public facilities. [L 1992, c 282, pt of ยง2; am L 1996, c 175, ยง1; am L
2001, c 235, ยง2]
Cross References
ย Impact fees for highway improvements, see ยงยง264-121 to 127.