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

(1)  A county subdivision approval;

(2)  A county building permit; or

(3)  A condominium property regime approval for theproject,

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

(b)  The following shall be exempt from thissection:

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

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

(3)  All nonresidential development; and

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