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improvement to be provided at the developer's expense,i? Although tl~e term <br />exactio[~ as used in ordinary speech may have a Certain negative <br />connotation?8 de,~eloper exactions when properly applied are valid, commonly <br />used regulatory tools. Exaction requirements typically fall into one of four <br />categories: (1) that land be dedicated for streets, parks, utility easements, and <br />school sites; (2) that improvements be constructed or installed on land so <br />dedicated; (3) that fees be paid in lieu of compliance with dedication or <br />improvement provisions; and (4) that developers pay impact or facility fees <br />reflecting their respective prorated shares of the costs of providing new roads, <br />utility systems, parks, and other public facilities serving the entire area.TM <br /> <br /> Traditionally, the land and improvements that developers have been <br />expected to provide have been located "on-site" (within or on the perimeter of <br />project boundaries), because such exactions must principally serve the <br />residents or users of the development. However, many public facilities <br />(including schools) serve far more than a single development, and "in-kind" <br />dedications for public facility sites and improvements are not easily divisible or <br /> <br /> 17. Batch v. Town of Chapel Hill, 92 N.C. App. 601,613,376 S.E.2d 22, 26 (1989), rev'don other <br /> grounds, 326 N.C. 1,387 S.E.2d 655 (1990), cert. denied, 496 U.S. 931 (1990), quoting Richard <br /> D. Ducker, ~Taking Found lot Beach Access Dedication Requirement," Local Government Law <br /> Bulletin No. 30 (1987): 2. <br /> <br /> 18. The Compact Edition of the Oxford English Dictiona/y, s.v. 'exaction": 1. The action of <br /> <br />demanding and enforcing payment (of fees, taxes, penalties, etc.); an instance of the same. 2. <br />The act of demanding or requiring more than is due or customary; an instance of the same; an <br />illegal or exorbitant demand; extortion. 3. A use of money which is exacted; an arbilrary and <br /> <br />excessive imposl. <br /> <br />19. Batch, 92 N.C. App. at 613, 376 S.E.2d at 26. T- ~ <br /> <br />3! <br /> <br /> <br />