North Carolina § 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: 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 to calculate system development fees for public water and sewer systems. Documents in reasonable detail the facts and data used in the analysis and their sufficiency and reliability. Employs generally accepted accounting, engineering, and planning methodologies, including the buy-in, incremental cost or marginal cost, and combined cost methods for each service, setting forth appropriate analysis as to the consideration and selection of a method appropriate to the circumstances and adapted as necessary to satisfy all requirements of this Article. Documents and demonstrates the reliable application of the methodologies to the facts and data, including all reasoning, analysis, and interim calculations underlying each identifiable component of the system development fee and the aggregate thereof. Identifies all assumptions and limiting conditions affecting the analysis and demonstrates that they do not materially undermine the reliability of conclusions reached. Calculates a final system development fee per service unit of new development and includes an equivalency or conversion table for use in determining the fees applicable for various categories of demand. Covers a planning horizon of not less than five years nor more than 20 years. Is adopted by resolution or ordinance of the local governmental unit in accordance with G.S. 162A-209. Uses the gallons per day per service unit that the local governmental unit applies to its water or sewer system engineering or planning purposes for water or sewer, as appropriate, in calculating the system development fee. History (2017-138, s. 1; 2018-34, s. 1(a); 2021-76, s. 2.) Editor's Note. - Session Laws 2017-138, s. 11, made this section effective October 1, 2017, and applicable to system development fees imposed on or after that date. Session Laws 2017-138, s. 11, further provides: "Nothing in this act provides retroactive authority for any system development fee, or any similar fee for water or sewer services to be furnished, collected by a local governmental unit prior to October 1, 2017." Session Laws 2018-34, s. 1(b), made the amendment of subdivision (7) of this section by Session Laws 2018-34, s. 1(a), effective October 1, 2018, and applicable to system development fees established or updated on or after that date. Session Laws 2021-76, s. 5, made subdivision (9) of this section, as added by Session Laws 2021-76, s. 2, effective July 2, 2021, and further provides that it "clarifies existing law with minimum standards employed by all generally accepted accounting, engineering, and planning methodologies used to calculate system development fees for public water and sewer systems." Effect of Amendments. - Session Laws 2018-34, s. 1(a), substituted "five years" for "10 years" in subdivision (7). For effective date and applicability, see editor's note. Session Laws 2021-76, s. 2, added subdivision (9). For effective date and clarification of existing law, see editor's note. § 162A-206: Reserved for future codification purposes.