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

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

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: The time of application for a building permit. When water or sewer service is committed by the local governmental unit. Other New Development. - For all other new development, the local governmental unit shall collect the system development fee at the earlier of either of the following: The time of application for connection of the individual unit of development to the service or facilities. When water or sewer service is committed by the local governmental unit. If the system development fee is collected under subdivision (a)(1) of this section and the local governmental unit that charges or assesses the system development fee is different from the local governmental unit that issues the building permit, the local governmental unit issuing the building permit shall require proof of collection of the system development fee prior to issuance of the building permit. No system development fee shall be charged or assessed with respect to any new development for which a system development fee under this Article has been collected at the time of plat recordation involving the subdivision of land and the amount of capacity associated with that payment of the system development fee has not increased at the time of application for the building permit. If the amount of capacity is increased at the time of application for a building permit, then a system development fee may be charged for the difference in the amount of the increased capacity minus the system development fee previously paid under this Article. History (2017-138, s. 1; 2018-34, s. 3(a); 2020-61, ss. 1(a)-(d), 2(a).) 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. 3(b), made the amendment of this section by Session Laws 2018-34, s. 3(a), effective July 1, 2018, and applicable to system development fees collected on or after that date. Session Laws 2020-61, s. 2(b), made the amendment of this section by Session Laws 2020-61, s. 2(a), effective January 1, 2021, and applicable to system development fees collected on or after that date. Effect of Amendments. - Session Laws 2018-34, s. 3(a), rewrote the section. For effective date and applicability, see editor's note. Session Laws 2020-61, s. 1(a)-(d), effective June 30, 2020, recodified subdivisions (a)a. and (a)b. as subdivisions (a)(1) and (a)(2); and recodified (b)a. and (b)b. as subdivisions (b)(1) and (b)(2). Session Laws 2020-61, s. 2(a), substituted "application for a building permit" for "plat recordation" in subdivision (a)(1); and added subsections (c) and (d). For effective date and applicability, see editor's note. § 162A-214: Reserved for future codification purposes.