§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]