AG 1999 06 21 - Laserfiche WebLink

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A credit system for in-kind contributions of school property, however, may be of relatively little practical significance in this state. There is no specific enabling authority for North Carolina local governments, pursuant to their authority to zone and regulate the subdivision of land, to require the dedication of school sites, the construction of a school building, or the payment of a fee in lieu of either one. Similarly, very few residential developments proposed in North Carolina are of such a scale that the developer is likely to dedicate a school site voluntarily or construct a school in conjunction with the project. Nonetheless, the Orange County Impact Fee Ordinance does provide a credit if a developer provides a contribution of this type.62 There is no mention in the ordinance of a credit if a subdivider reserves a school site by not developing the land and holding it for later purchase by the school board. The North Carolina General Statutes do authorize cities (Section 160A-372) and counties (Section 153A-331 )to require a subdivider to reserve a school site if certain conditions are met. The local governmental unit .and the affected board of education must determine jointly the specific location and size of any school sites to be reserved, and the information must be included in the land use plan adopted by the local unit. If a subdivision is submitted for approval that includes part or all of the school site, the local government must notify the board of education. The board of education is directed by statute to decide whether it still wishes the site to be reserved. If it does not, it must notify the local government and the site is not reserved. If it does, then the subdivision may not be approved without the reservation. The board of education then has eighteen months beginning on the date of final approval of the subdivision to acquire the site by negotiated purchase or to initiate eminent domain 62. Id. § 6. 58 53