§ 58-173. Individual assessment determinations.

(a)

Individual assessments of development impact fees may be established as follows:

(1)

In the event that a developer elects an individual assessment, the developer shall submit an individual assessment study. Any such study is to be presented to the county manager. If the county manager finds that the data, information, and assumptions used in such an individual assessment study satisfy the requirements of this article, then that study shall be used to calculate the individual assessment for that project.

(2)

Each individual assessment study must:

a.

Be based on relevant and credible information from an accepted standard source of engineering or planning data; or

b.

Be based on actual, relevant, and credible studies or surveys of facility demand conducted in the Atlanta Metropolitan Statistical Area carried out by qualified engineers or planners pursuant to accepted methodology.

c.

Any other specifications required in other parts of this article.

(b)

Any fee calculated in accordance with this section shall have standing for one year following the date of a formal response from the county manager to the applicant. Following such a period, a new application must be made.

(c)

A determination by the county manager that any individual assessment study does not satisfy the requirements of this article may be appealed by the applicant to the Fulton County Board of Zoning Appeals, subject to the procedures, rules, and regulations set forth in section 58-204 of this article.

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

State law reference

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