[B.]Ā  SchoolImpact Fees

 

Note

 

Ā  Implementation procedures; annual reports to legislature.Ā  L2007, c 245, Ā§Ā§4, 6.

 

Revision Note

 

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

 

Cross References

 

Ā Ā Building permit requirements for new developments in schoolimpact districts, see Ā§46-142.5.

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

 

[Ā§302A-1601]Ā  Findings.Ā  New residentialdevelopments within identified school impact districts create additional demandfor public school facilities.Ā  As such, once identified, new residentialdevelopments will be required to contribute toward the construction of new orexpansion of existing public school facilities through:

(1)Ā  The land requirement, either through an in lieufee or actual acreage (unless land is not required in the school impactdistrict); and

(2)Ā  The construction requirement either through an inlieu fee or actual construction based on the proportionate share of the need toconstruct additional facilities.

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

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