§ 58-178. Exemptions.

(a)

Pursuant to the provisions of O.C.G.A. § 36-71-4(1), the public policies expressed in the comprehensive plan, and in accordance with the policies of the Fulton County Board of Commissioners, the following development projects are found to promote affordable housing and shall be exempt from the payment of development impact fees as provided herein.

(b)

The proportionate share of any systems improvements costs foregone from exempted projects shall be funded from a revenue source other than development impact fees.

(c)

Affordable housing shall be exempt from development impact fees as follows:

(1)

For "sales housing," all development impact fees which may be incident on a given project in a specific service area or combination of service areas shall be exempted for each unit of affordable housing included in a development according to the following schedule of sales prices:

Sales price equal to or less than 80 percent Fulton County Median Income times 2½: 25 percent of fees exempted, and an additional 2.5 percent exemption for each additional reduction of sales price equal to one percent Fulton County Median Income times 2½. For example:

Sales price equal to or less than 70 percent Fulton County Median Income times 2½: 50 percent of fees exempted.

Sales price equal to or less than 60 percent Fulton County Median Income times 2½: 75 percent of fees exempted.

Sales price equal to or less than 50 percent Fulton County Median Income times 2½: 100 percent of fees exempted.

(2)

For "rental housing," all development impact fees which may be incident on a given project in a specific service area or combination of service areas shall be exempted for each unit of affordable housing included in a development according to the following schedule of rental rates:

Monthly rent equal to or less than 80 percent Fulton County Median Income times 30 percent/12: 25 percent of fees exempted, and an additional 2.5 percent exemption for each additional reduction of monthly rent equal to one percent Fulton County Median Income times 30 percent/12. For example:

Monthly rent equal to or less than 70 percent Fulton County Median Income times 30 percent/12: 50 percent of fees exempted.

Monthly rent equal to or less than 60 percent Fulton County Median Income times 30 percent/12: 75 percent of fees exempted.

Monthly rent equal to or less than 50 percent Fulton County Median Income times 30 percent/12: 100 percent of fees exempted.

(d)

Credits given under section 58-175(a), (b), shall be reduced in proportion to the exemption.

(e)

To be eligible for an exemption, a developer must file an application for exemptions with the county manager before the time development impact fees are imposed. The application for exemption must contain documentation acceptable to the county manager showing that the criteria for exemptions will be met.

(1)

The county may assess additional development impact fees on exempted rental housing if, two years after completion of construction, the development has not, in fact, met the criteria for exemptions and/or if, five years following completion of construction, the development has not, in fact, maintained adherence to the criteria.

(2)

Any developer of rental housing receiving an exemption under this section must report to the county manager the status of the project relative to the criteria for exemption on the second and fifth anniversaries of completion of construction. Failure to report may result in assessment of additional development impact fees.

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