Posts Tagged ‘impact fees’

Municipalities (and Counties) Not Authorized to Charge Certain Impact (aka Capacity, System Development) Fees

Wednesday, September 14th, 2016

UPDATE 4 August 2018: Overruling the court of appeals, the North Carolina Supreme Court held that the Town of Carthage’s liability to refund the unlawful impact fee revenue was subject to a 3-year statute of limitations. See Quality Built Homes Inc. v. Town of Carthage, No. 315PA15-2 (May 11, 2018).  UPDATE 3 September 2017: The […]

Water and Sewer District’s Impact Fee Powers

Monday, February 22nd, 2016

UPDATED September 2017: As of October 1, 2017, the state legislature has further defined (and limited) the impact fee powers of a County Water and Sewer District. Click here for more info on the new law. An impact fee is a charge imposed on new or proposed development, the revenue generated from which is used […]

Local Government Impact Fee Authority for Public Enterprises Revisited

Monday, August 31st, 2015

In a previous post, I questioned the authority of local governments to impose impact fees on new development for water and sewer services. The North Carolina Court of Appeals recently issued an unpublished opinion holding that the Town of Carthage has authority under the public enterprise statutes to impose such impact fees. The case is […]

Do North Carolina Local Governments Have Authority to Assess Impact Fees for Water and Sewer Public Enterprises?

Thursday, August 7th, 2014

An impact fee is a charge on new development to pay for the construction or expansion of off-site capital improvements that are necessitated by and/or benefit the new development. A local government typically assesses impact fees as part of its development approval process. Paying the fees is often a condition of receiving a building permit […]

School Impact Fees and Development Regulations: Another Round

Tuesday, October 16th, 2012

In areas experiencing urban growth and development, two questions often arise for local governments.  Do we have the capacity to provide necessary public facilities to serve this development?  If not, how are we going to pay for the needed additional facilities? A range of public services are needed for development — water, sewer, streets, schools, […]