[§302A-1603]  Applicability and exemptions. 
(a)  Except as provided in subsection (b), any person who seeks to develop a
new residential development within a designated school impact district
requiring:



(1)  A county subdivision approval;



(2)  A county building permit; or



(3)  A condominium property regime approval for the
project,



shall be required to fulfill the land requirement
and vertical construction requirement of the department.



(b)  The following shall be exempt from this
section:



(1)  Any form of housing permanently excluding
school-aged children, with the necessary covenants or declarations of
restrictions recorded on the property;



(2)  Any form of housing which is or will be paying
the transient accommodations tax under chapter 237D;



(3)  All nonresidential development; and



(4)  Any development with an executed education
contribution agreement or other like document with the department for the
contribution of school sites or payment of fees for school land or school
construction. [L 2007, c 245, pt of §2]