B.  School Impact Fees

Note

  Subpart heading amended by L 2010, c 188, §3.

Revision Note

  Sections 302A-1601 to 302A-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 264-127.

     §302A-1601  Findings.  New residential developments within identified school impact districts create additional demand for public school facilities.  As such, once school impact districts are identified, new residential developments shall 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), based on each new residential development's proportionate share of the need to provide additional public school sites; and

     (2)  The construction requirement either through an in lieu fee or actual construction based on each new residential development's proportionate share of the need to construct additional school 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 construction cost component impact fees proportionate to their impacts.

     In determining the amounts of land component impact fees and construction cost component impact fees, the intent of the school impact fee calculations is that new residential developments should not be charged for a higher level of service than is being charged to existing developments.

     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 sections 302A-1606 and 302A-1607, respectively. [L 2007, c 245, pt of §2; am L 2010, c 188, §4]