§ 58-172. Calculation of development impact fees.

(a)

Any development impact fee imposed pursuant to this article shall not exceed a proportionate share of the cost of system improvements.

(b)

Development impact fees shall be calculated on the basis of service areas as provided in the comprehensive plan.

(c)

Development impact fees shall be calculated on the basis of levels of service for public facilities adopted in the comprehensive plan that are applicable to existing development as well as the new growth and development.

(d)

A developer shall have the right to elect to pay a project's proportionate share of system improvement costs by payment of development impact fees according to the applicable fee schedule as full and complete payment of the development project's proportionate share of system improvement costs.

(e)

At their option, applicants for development approval shall be permitted individual assessments of development impact fees under section 58-173 of this article regarding individual assessment determinations.

(f)

Upon application to the county manager, a developer may receive a certified schedule of development impact fees or a certified individual assessment (section 58-173) for a particular project. Such certified fees shall establish the development impact fee for a period no less than one year from date of certification, even if new or revised rate schedules have been adopted. In the event that, after one year, new or revised rate schedules have not been adopted, the certification shall continue until such time as new or revised fee schedules are adopted.

(g)

In addition to the cost of "to be built" new 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 in appropriate service areas to the extent that such public facilities have current excess service capacity and new development will be served by such facilities.

(h)

When a land development activity for which an application for a building permit has been made includes two or more buildings, structures, or other land uses in any combination, including two 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 other use, including each and every use within a building or structure, unless otherwise provided for in this article.

(i)

In the event that either Fulton County or an applicant contends that the land use for which the building permit is proposed is not within specified land use categories or fits within a different category, then:

(1)

The county manager shall make a determination as to the appropriate land use designation. Such determination may be appealed to the Fulton County Board of Zoning Appeals.

(2)

If any land use designation is not in a category contained in any facility development impact fee ordinance, then an appropriate new category may be added to the various facility impact fee ordinances following submission to the board of commissioners. In addition, either Fulton County or the applicant can propose actual studies or surveys to calculate the most appropriate fee rates for a new land use category.

(j)

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

(94-RM-121, pt. 1, art. VII, 5-18-94)

State law reference

Imposition of impact fee, O.C.G.A. § 36-71-3.