§ 162A-200 – Short title.

162A-200. Short title. This Article shall be known and may be cited as the "Public Water and Sewer System Development Fee Act." (2017-138, s. 1.)

§ 162A-201 – Definitions.

162A-201. Definitions. The following definitions apply in this Article: (1) Capital improvement. – A planned facility or expansion of capacity of an existing facility other than a capital rehabilitation project necessitated by and attributable to new development. (2) Capital rehabilitation project. – Any repair, maintenance, modernization, upgrade, update, replacement, or correction of deficiencies of a […]

§ 162A-203 – Authorization of system development fee.

162A-203. Authorization of system development fee. (a) A local governmental unit may adopt a system development fee for water or sewer service only in accordance with the conditions and limitations of this Article. (b) A system development fee adopted by a local governmental unit under any lawful authority other than this Article and in effect […]

§ 162A-205 – Supporting analysis.

162A-205. Supporting analysis. A system development fee shall be calculated based on a written analysis, which may constitute or be included in a capital improvements plan, that: (1) Is prepared by a financial professional or a licensed professional engineer qualified by experience and training or education to employ generally accepted accounting, engineering, and planning methodologies […]

§ 162A-207 – Minimum requirements.

162A-207. Minimum requirements. (a) Maximum. – A system development fee shall not exceed that calculated based on the system development fee analysis. (b) Revenue Credit. – In applying the incremental cost or marginal cost, or the combined cost, method to calculate a system development fee with respect to capital improvements, the system development fee analysis […]

§ 162A-209 – Adoption and periodic review.

162A-209. Adoption and periodic review. (a) For not less than 45 days prior to considering the adoption of a system development fee analysis, the local governmental unit shall post the analysis on its Web site and solicit and furnish a means to submit written comments, which shall be considered by the preparer of the analysis […]

§ 162A-211 – Use and administration of revenue.

162A-211. Use and administration of revenue. (a) Revenue from system development fees calculated using the incremental cost method or marginal cost method, exclusively or as part of the combined cost method, shall be expended only to pay: (1) Costs of constructing capital improvements including, and limited to, any of the following: a. Construction contract prices. […]

§ 162A-213 – Time for collection of system development fees.

162A-213. Time for collection of system development fees. (a) Land Subdivision. – For new development involving the subdivision of land, the system development fee shall be collected by a local governmental unit at the later of either of the following: (1) The time of application for a building permit. (2) When water or sewer service […]

§ 162A-215 – Narrow construction.

162A-215. Narrow construction. Notwithstanding G.S. 153A-4 and G.S. 160A-4, in any judicial action interpreting this Article, all powers conferred by this Article shall be narrowly construed to ensure that system development fees do not unduly burden new development. (2017-138, s. 1.)