§264-121 to 127 - .

[B.]  School
Impact Fees

Note

  Implementation procedures; annual reports to legislature.  L
2007, c 245, §§4, 6.

Revision Note

  Sections 302A-1601 to 1611, enacted as a new part, are
redesignated as a subpart pursuant to §23G-15.

Cross References

  Building permit requirements for new developments in school
impact districts, see §46-142.5.

  Impact fees for public highways, see §§264-121 to 127.

[§302A-1601]  Findings.  New residential
developments within identified school impact districts create additional demand
for public school facilities.  As such, once identified, new residential
developments will be required to contribute toward the construction of new or
expansion of existing public school facilities through:

(1)  The land requirement, either through an in lieu
fee or actual acreage (unless land is not required in the school impact
district); and

(2)  The construction requirement either through an in
lieu fee or actual construction based on the proportionate share of the need to
construct additional facilities.

A study commissioned by the State has identified the
land dedication requirement that is consistent with proportionate fair-share
principles and the net capital cost of school facilities, excluding land costs,
that is consistent with proportionate fair-share principles.

The State determines that new residential
developments within designated school impact districts shall provide land for
schools or pay a fee in lieu of land proportionate to the impacts of the new
residential development on existing school facilities.  The State also
determines that new residential developments within designated school impact
districts shall also pay school impact fees proportionate to their impacts. 
This [subpart] establishes the methodology for developers to provide their
proportionate share of the land and the construction cost of new or expanded
school facilities needed to serve new residential developments, as determined
in section 302A-1607. [L 2007, c 245, pt of §2]