North Carolina § 162A-211 - Use and administration of revenue.

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

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: Costs of constructing capital improvements including, and limited to, any of the following: Construction contract prices. Surveying and engineering fees. Land acquisition cost. Principal and interest on bonds, notes, or other obligations issued by or on behalf of the local governmental unit to finance any costs for an item listed in sub-subdivisions a. through c. of this subdivision. Professional fees incurred by the local governmental unit for preparation of the system development fee analysis. If no capital improvements are planned for construction within five years or the foregoing costs are otherwise paid or provided for, then principal and interest on bonds, notes, or other obligations issued by or on behalf of a local governmental unit to finance the construction or acquisition of existing capital improvements. Revenue from system development fees calculated using the combined cost method may be expended for previously completed capital improvements for which capacity exists and for capital rehabilitation projects. Revenue from system development fees calculated using the buy-in method may be expended for previously completed capital improvements for which capacity exists and for capital rehabilitation projects. The basis for the buy-in calculation for previously completed capital improvements shall be determined by using a generally accepted method of valuing the actual or replacement costs of the capital improvement for which the buy-in fee is being collected less depreciation, debt credits, grants, and other generally accepted valuation adjustments. A local governmental unit may pledge a system development fee as security for the payment of debt service on a bond, note, or other obligation subject to compliance with this section. Except as otherwise provided in subsection (e) of this section, system development fee revenues shall be accounted for by means of a capital reserve fund established pursuant to Part 2 of Article 3 of Chapter 159 of the General Statutes and limited as to expenditure of funds in accordance with this section. If and to the extent that revenues derived from system development fees are pledged to secure revenue bonds or notes issued by a local government unit under the provisions of Article 5 of Chapter 159 of the General Statutes, such revenues may be deposited in such funds, accounts or subaccounts, and applied in such manner, as set forth in the bond order, resolution, trust agreement or similar instrument authorizing and securing such bonds or notes until all such revenue bonds or notes are no longer outstanding. History (2017-138, s. 1; 2018-34, s. 2(a); 2020-61, s. 3(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. 2(b), made the amendment of this section by Session Laws 2018-34, s. 2(a), effective July 1, 2018, and applicable to system development fees pledged on or after that date. Session Laws 2020-61, s. 3(b), made subsection (a1) of this section, as added by Session Laws 2020-61, s. 3(a), effective July 1, 2020, and applicable to system development fees expended or encumbered on or after that date. Effect of Amendments. - Session Laws 2018-34, s. 2(a), in subsection (c), substituted "this section" for "the foregoing limitations"; in subsection (d), substituted "Except as otherwise provided in subsection (e) of this section, system development" for "System development"; and added subsection (e). For effective date and applicability, see editor's note. Session Laws 2020-61, s. 3(a), added subsection (a1). For effective date and applicability, see editor's note. § 162A-212: Reserved for future codification purposes.