§ 19-1008. Requirements for assessment and calculation of impact fees—Generally.  


Latest version.
  • (a)

    Time of Assessment. All development impact fees shall be assessed as a part of the building permit application process.

    (b)

    Basis of Calculation. Any development impact fee imposed pursuant to this chapter shall not exceed a project's proportionate share of the cost of system improvements, shall be calculated on the basis of the establishment of service areas, and shall be calculated on the basis of levels of service for public facilities that are the same for existing development as for new growth and development.

    (c)

    Certification of Fee. Any person who, after the effective date of this chapter, intends to engage in development may request a certification of fee from the director by submitting plans for the development to the director. The fee so certified by the director shall be based upon submitted development plans and shall be binding upon the parties as to the fee to be assessed for such development for a period of 180 days from the date of certification. Any change in the proposed development plan that in any way effects said fee calculation shall void the certification of the fee.

    (d)

    Construction/Dedication in Lieu of Fee. In lieu of all or part of a development impact fee, the city may accept an offer from a developer to construct improvements or to contribute or dedicate land or money as provided in section 19-1014 of this chapter. Any such offer must comply with the requirements of section 19-1014 of this chapter. The "in lieu" portion of any development impact fee represented by construction of improvements shall be deemed paid when the construction is completed and accepted by the city for maintenance or when the person claiming such credit posts security for the cost of such construction as provided in section 19-1014(a)(3) of this chapter. The "in lieu" portion of a development impact fee represented by land dedication shall be deemed paid when the title to said land has been accepted by the city.

    (e)

    Recoupment of Excess Capacity. In addition to the cost of new or expanded system improvements needed to serve new development, the cost basis of a development impact fee shall also include the proportionate cost of existing system improvements, but only to the extent that such public facilities have excess capacity and new development as well as existing development will be served by such facilities.

    (f)

    Effect of Multiple Buildings. When development for which an application for a building permit has been made includes two (2) or more buildings, structures or other land uses in any combination, including two (2) or more uses within a building or structure, the total development impact fee shall be the sum of the fees for each and every building, structure, or use, including each and every use within a building or structure.

    (g)

    Specification of Land Use. In the event that a building permit application proposes a use that does not directly match an existing land use type upon which fees are based, the director shall assign the proposed use to the existing land use type that most closely resembles the proposed use.

    (h)

    Actual Cost Recovery Only. Development impact fees shall be based on actual system improvement costs or reasonable estimates of such costs.

    When a change of use, redevelopment, or modification of an existing use or building requires the issuance of a building permit, the development impact fee shall be based on the difference between the impact fee calculated for the previous use and the impact fee calculated for the proposed use. Should a redevelopment or modification of an existing use or building that requires the issuance of a building permit but does not involve a change in use result in a net increase in gross floor area, the development impact fee shall be based on said net increase. Should a change of use, redevelopment, or modification of an existing use or building result in a net decrease in gross floor area or calculated impact fee, no refund or credit for past development impact fees paid shall be made or created.

(Code 1977, § 19-1008)

State law reference

Calculation of impact fees, O.C.G.A. § 36-71-4.