§ 51.040  SYSTEM DEVELOPMENT.
   (A)   Definition. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      SYSTEM DEVELOPMENT FEES. A charge or assessment for service imposed with respect to new development to fund costs of capital improvements necessitated by and attributable to such new development, to recoup costs of existing facilities which serve such new development, or a combination of those costs, as provided in G.S. Ch. 162A, Art. 8. The term includes amortized charges, lump-sum charges, and any other fee that functions as described by this definition regardless of terminology. The term does not include any of the following:
         (a)   A charge or fee to pay the administrative, plan review, or inspection costs associated with permits required for development.
         (b)   Tap or hookup charges for the purpose of reimbursing the local government unit for the actual cost of connecting the service unit to the system.
         (c)   Availability charges.
         (d)   Dedication of capital improvements on-site, adjacent, or ancillary to a development absent a written agreement providing for credit or reimbursement to the developer pursuant to G.S. §§160A-320, 160A-499 or G.S. Ch. 160A, Art. 19, Part 3D.
         (e)   Reimbursement to the town for its expenses in constructing or providing for water or sewer utility capital improvements adjacent or ancillary to the development if the owner or developer has agreed to be financially responsible for such expenses; however, such reimbursement shall be credited to any system development fee charged as set forth in G.S. §162A-207(c).
   (B)   Time of collection.
      (1)   Land subdivision. For new development involving the subdivision of land, the system development fee shall be collected by the town at the later of either of the following:
         (a)   The time of plat recordation; or
         (b)   When water or sewer service is committed by the town.
      (2)   Other new development. For all other new development, the town shall collect the system development fee at the earlier of either of the following:
         (a)   The time of application for connection of the individual unit of development to the service or facilities; or
         (b)   When water or sewer service is committed by the town.
(Ord. 18-11, passed 9-24-2018)