§46-142  Authority to impose impact fees; enactment of ordinances required.  (a)  Impact fees may be assessed, imposed, levied, and collected by:

     (1)  Any county for any development, or portion thereof, not involving water supply or service; or

     (2)  Any board for any development, or portion thereof, involving water supply or service;

provided that the county enacts appropriate impact fee ordinances or the board adopts rules to effectuate the imposition and collection of the fees within their respective jurisdictions.

     (b)  Except for any ordinance governing impact fees enacted before July 1, 1993, impact fees may be imposed only for those types of public facility capital improvements specifically identified in a county comprehensive plan or a facility needs assessment study.  The plan or study shall specify the service standards for each type of facility subject to an impact fee; provided that the standards shall apply equally to existing and new public facilities. [L 1992, c 282, pt of §2; am L 1996, c 175, §1; am L 2001, c 235, §2]

Cross References

  Impact fees for highway improvements, see §§264-121 to 127.