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-1610 Credits for land dedication. (a) Any owner of a development subject to the land component impact fee requirements pursuant to this subpart may apply for credit against any similar dedication or payment accepted and received by the department for the project; provided that any such owner who dedicates more land for school facilities than is required for the development shall receive credit for the excess dedicated land area.
(b) Any credit provided for under this section shall be based on the value determined in the manner provided under section 302A-1606.
(c) Excess credits for land contributions prior to July 1, 2010, that are in excess of a developer's requirement under this subpart shall be based on the determined value of the excess dedication; provided that the credit amount shall not exceed the value of the dedication or fee in lieu required under this subpart.
(d) In addition to or instead of applying credits to future developments, the department may execute with an owner of credits an agreement to provide for partial or full reimbursement from the school impact fee payments collected from other developers within the same school impact district. The reimbursements shall not exceed the amount of the fee revenues available in the account for that school impact district. [L 2007, c 245, pt of §2; am L 2010, c 188, §13]
Revision Note
"July 3, 2007" substituted for "the effective date of this Act".
Section: Previous 302a-1603 302a-1604 302a-1605 302a-1606 302a-1607 302a-1608 302a-1609 302a-1610 302a-1611 302a-1612 302a-1801 302a-1802 302a-1803 302a-1804 302a-1805 NextLast modified: October 27, 2016