§ 58-177. Private agreements.

(a)

In accord with the provisions of this section and any more specific provisions which may be contained in this article, any developer or property owner or group of developers and/or property owners may propose to enter into a private agreement with the county in regard to the construction or installation of system improvements and providing for credits or reimbursement for system improvement costs incurred by a developer including interproject transfers of credits or providing for reimbursement for project costs which are used or shared by more than one development project.

(b)

A private agreement may include, but shall not be limited to, provisions which:

(1)

Modify the estimates of impact on public facilities according to the methods and provisions concerning the calculation of impact fees, provided that any such agreement allows the county to assess additional development impact fees after completion of construction according to schedules set forth in this article.

(2)

Permit construction of, dedication of property for, or other in-kind contribution for specific public facilities of the type for which a development impact fee would be imposed in lieu of or with a credit against applicable development impact fees.

(3)

Permit a schedule and method of payment of imposed fees in a manner appropriate to particular and unique circumstances of a proposed project in lieu of the requirements for payment under this article, provided that security acceptable to the county is posted ensuring payment of the development impact fees. Forms of security which may be acceptable to the county include a cash bond, a surety bond, irrevocable letter of credit, negotiable certificate of deposit or escrow account, or lien or mortgage on lands to be covered by the building permit.

(c)

Any private agreement proposed by an applicant pursuant to this section shall be submitted to the county manager for review, negotiation, and submission to the board of commissioners. Any such agreement must be presented to and approved by the board of commissioners prior to the issuance of a building permit. Any such agreement shall provide for execution by mortgagees, lienholders, or contract purchasers in addition to the landowner. The Board of Commissioners of Fulton County shall approve such an agreement only if it finds that the agreement will apportion the burden of expenditure for new facilities proportionately, consistent with the principles set forth in O.C.G.A. tit. 36, ch. 71 (O.C.G.A. § 36-71-1 et seq.) and this article.

(94-RM-121, pt. 1, art. XII, §§ 1—3, 5-18-94)

State law reference

Private agreements, O.C.G.A. § 36-71-13.