Note
Subpart heading amended by L 2010, c 188, §3.
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-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 component impact fee or fee in lieu requirement and construction cost component impact fee requirement of the department, including all government housing projects.
(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 that 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; am L 2010, c 188, §6]
Section: Previous 302a-1505-and-302a-1506.5 302a-1506 302a-1507 302a-1508 302a-1509 302a-1601 302a-1602 302a-1603 302a-1604 302a-1605 302a-1606 302a-1607 302a-1608 302a-1609 302a-1610 NextLast modified: October 27, 2016