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authorizing the use of impact fees to provide for one or more types of public facility. Of this group, two counties (Orange and Chatham) are authorized to adopt impact fees for school purposes.2s There is evidence, however, that express enabling legislation authorizing impact fees may not always be needed in North Carolina. The statutes allowing North Carolina cities to finance public enterprises and to fix rates, fees, and charges for services furnished by a public enterprise (G.S. 160A-313, -314) have been held to authorize implicitly the use of impact fees to fund capital improvements to water and sewer systems.2~ In addition, the North Carolina Supreme Court recently held that municipal authority must be construed broadly and that the power of cities to charge "user fees" to recover the costs of reviewing land development proposals may be implied from the zoning, land subdivision control, and other development control enabling statutes.3o The Rational Nexus Test Most state courts require exactions to be properly and.fairly related to the need for new public facilities generated, by a new development. It is indeed true that exactions such as requirements that a developer construct.and dedicate a 28. Both counties are 'authorized by the same local act. 1987 N.C. Sess. Laws ch. 460, §§ 4- 12.1 (Chatham County), §§ 17-18.1 (Orange County). 29 Soulh Shell Investment v. Town of Wrightsville Beach, 703 F. Supp. 1192 (E.D.N.C. 1988), aft"d, 900 F.2d 255 (4th Cir. 1990) (unpublished). Virtually identical statutes apply to counties. G.S. 153A-276, -277. 3o Homebuilders' Ass'n of Charlotte, Inc. v, City of Charlotte, 999 N.C. 999, 999 S.E,2d 999 (1994), rev'g 109 N.C. App, 327, 427 S.E.2d 160 (1993). See a/so River Rirch Associales v. City of Raleigh, 326 N.C. 100, 388 S,E.2d 538 (1990) ipower to require land dedication under Subdivision ordinance, like other local governmental powers, must be construed broadly).