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Subpart B - LAND DEVELOPMENT ORDINANCES Chapter 101 - GENERAL AND ADMINISTRATIVE PROVISIONS ARTICLE III. DEVELOPMENT IMPACT FEES 1/16/25 ADOPTED Dawson County, Georgia, Code of Ordinances (Supp. No. 29) Page 1 of 18 1State law reference(s)—Development impact fees, O.C.G.A. § 36-71-1 et seq. ARTICLE III. DEVELOPMENT IMPACT FEES1 Sec. 101-57. Short title, authority, and applicability. Short title. This article shall be known and may be cited as the Development Impact Fee Ordinance of Dawson County, Georgia, or, for brevity, the impact fee ordinance. Authority. This article has been prepared and adopted by the Board of Commissioners of Dawson County, Georgia, in accordance with the authority provided by Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia, the Georgia Development Impact Fee Act O.C.G.A. § 36-71-1 et seq., as amended and such other laws as may apply to the provision of public facilities and the power to charge fees for such facilities. Applicability. The provisions of this article shall not be construed to limit the power of the county, to use any other legal methods or powers otherwise available for accomplishing the purposes set forth herein either in substitution of or in conjunction with this article. This article shall apply to all areas under the regulatory control and authority of the county and such other areas as may be included by intergovernmental agreement. (Ord. of 7-20-2006, § 1; Ord. of. 8-16-2018) Sec. 101-58. Findings, purpose, and intent. Findings. The Board of Commissioners of Dawson County, Georgia, finds and declares: That an equitable program for planning and financing public facilities to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety, and general welfare of the citizens of the county; That certain public facilities as herein defined have been and must be further expanded if new growth and development is to be accommodated at the same level of service available to existing development; and That it is fair and equitable that new growth and development shall bear a proportionate share of the cost of such public facilities necessary to serve new growth and development. Purpose. The purpose of this article is to impose impact fees as hereinafter set forth for certain public facilities as hereinafter defined. It is also the purpose of this article to ensure that adequate public facilities are available to serve new growth and development in the county and to ensure that new growth and development bears a proportionate share of the cost of new public facilities needed to serve them. Intent. This article is intended to implement and be consistent with the Dawson County Comprehensive Plan, as it may be adopted or amended in accordance with the Georgia Comprehensive Planning Act (O.C.G.A. § 50-8-1 et seq.) and the applicable Minimum Standards and Procedures for Local Comprehensive Planning and ---PAGE BREAK--- (Supp. No. 29) Page 2 of 18 the Development Impact Fee Compliance Requirements both as adopted by the Georgia Board Of Community Affairs and amended from time to time. (Ord. of 7-20-2006, § 2; Ord. of. 8-16-2018) Sec. 101-59. Rules of construction and definitions. The provisions of this article shall be construed to effectively carry out its purpose in the interest of the public health, safety, and general welfare of the citizens of Dawson County. Rules of construction. Unless otherwise stated in this article, the following rules of construction shall apply to the text of this article: In the case of any difference of meaning or implication between words or phrases as used in this article and as used in other codes, regulations, or laws of Dawson County, such difference shall not affect the meaning or implication of such words or phrases as used in this article. In the case of any difference of meaning or implication between the text of this article and any caption illustration, summary table, or illustrative table, the text shall control. The word "shall" is always mandatory and not discretionary; the word "may" is permissive. Words used in the present tense shall include the future unless the context clearly indicates the contrary. The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other legal or similar entity. The conjunction "and" indicates that all the connected terms, conditions, provisions, or events shall apply. The conjunction "or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination. The use of "either... or" indicates that the connected items, conditions, provisions, or events shall apply singly and not in combination. The word "includes" or "including" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. (10) The article, section, and paragraph headings and enumerations used in this article are included solely for convenience and shall not affect the interpretation of this article. Definitions. As used in this article, the following terms shall have the meanings set forth below: Administrator means the County Manager of Dawson County, Georgia, or the county manager's designee, who is hereby charged with the implementation and enforcement of this article. Annual CIE update means the annual update to the capital improvements element that includes an annual financial report for the last completed fiscal year and a schedule of improvements community work program or short-term work program) for the current year plus the next four years, in accordance with the Development Impact Fee Compliance Requirements of the Georgia Department of Community Affairs. Board of commissioners means the Board of Commissioners of Dawson County, Georgia. Building permit is the permit required for new construction, completion of construction, or an interior finish pursuant to the applicable building code. As used herein, the term shall not include permits required for remodeling, rehabilitation, or other improvements to an existing structure, provided there is no increase in the demand placed on those public facilities as defined herein. ---PAGE BREAK--- (Supp. No. 29) Page 3 of 18 Capital improvement means an improvement with a useful life of ten years or more, by new construction or other action, which increases the service capacity of a public facility. Capital improvements element means that portion of the Dawson County Comprehensive Plan that sets out projected needs for system improvements during the planning horizon established therein, which provides a schedule that will meet the anticipated need for system improvements, and which provides a description of anticipated funding sources for each required improvement, as most recently adopted or amended by the board of commissioners. Change of use in land. Any change in the occupancy classification of a building or structure or change in the purpose of, or a change in the level of activity within a building or structure, or on land. Commencement of construction for private development means the initiation of physical construction activities as authorized by a development or building permit and leading to completion of a foundation inspection or other initial inspection and approval by a public official charged with such duties; and for public projects, means expenditure or encumbrance of any funds whether they be development impact fee funds or not, for a public facilities project or advertising of bids to undertake a public facilities project. Community work program means the component of the comprehensive plan that identifies the specific activities the county plans to undertake during the five years following adoption of the plan. Completion of construction means the issuance of the final certificate of occupancy by a county official charged with such duties. The date of completion is the date on which such a certificate is issued. Comprehensive plan means the Dawson County plan or planning elements as adopted or amended in accord with the Georgia Comprehensive Planning Act (O.C.G.A. § 50-8-1 et seq.) and the applicable minimum standards and procedures for local comprehensive planning as adopted by the Georgia Board of Community Affairs. County means Dawson County, Georgia, a legal subdivision of the State of Georgia, and also refers to the Board of Commissioners of Dawson County, Georgia, or the appropriate county official appointed by the Board of Commissioners, whenever official action is taken or required. Day means a calendar day unless otherwise specifically identified as a work day or other designation when used in the text. Developer means any person or legal entity undertaking development. Development means any action which creates additional demand on or need for public facilities, as defined herein, and includes any construction or expansion of a building, structure, or use; and any change in use of land, a building, or a structure. Development approval means any written authorization, such as issuance of a building permit, land disturbance permit, or other approval for grading or site development, or other forms of official action required by local law or regulation prior to the commencement of construction. Development impact fee means the payment of money imposed upon and paid by new development as a condition of development approval as its proportionate share of the cost of system improvements needed to serve new growth and development. Encumber means to legally obligate by contract or otherwise commit to use by appropriation or other official act of the county. Excess capacity means that portion of the capacity of a public facility or system of public facilities which is beyond that necessary to provide adequate service to existing development at the adopted level of service standard. Fee payor means that person or entity who pays a development impact fee or his or her legal successor in interest when the right or entitlement to any refund of previously paid development impact fees which is required by this article has been expressly transferred or assigned to the successor in interest. In the absence of an express ---PAGE BREAK--- (Supp. No. 29) Page 4 of 18 transfer or assignment of the right or entitlement to any refund of previously paid development impact fees, the right or entitlement shall be deemed "not to run with the land." Individual assessment means the engineering, financial, or economic documentation prepared by a fee payor or applicant to allow individual determination of a development impact fee other than by use of the applicable fee schedule. Individual assessment determination means a finding by the administrator that an individual assessment study does or does not meet the requirements for such a study as established by this article or if the requirements are met, the fee calculated therefrom. Level of service means a measure of the relationship between service capacity and service demand for specified public facilities as established by the county, in terms of demand to capacity ratios, the comfort and convenience of use or service of such public facilities, or both. Present value means the current value of past, present, or future payments, contributions, or dedications of goods, services, materials, construction, or money, as calculated using accepted methods of financial analysis for the determination of net present value. Project means a single improvement or set of interrelated improvements undertaken together within a finite time period at a specific location. With regard to land development, a project may be identified as those construction activities authorized collectively by a single building permit or other development approval or for an interrelated collection of buildings and common public facilities, such as a residential subdivision or an office park. Project improvements means site-specific improvements or facilities planned, designed, or built to provide service for a specific development project and that are necessary for the use and convenience of the occupants or users of that project only and that are not "system" improvements. The character of the improvement shall control a determination of whether an improvement is a "project" improvement or a "system" improvement and the physical location of the improvement onsite or off-site shall not be considered determinative of whether an improvement is a "project" improvement or a "system" improvement. A project improvement may provide no more than incidental service or facility capacity to persons other than users or occupants of the particular project they serve. No improvement or facility included in a plan for public facilities and approved for public funding by the county, shall be considered a project improvement. Property owner means that person or entity that holds legal title to property. Proportionate share means that portion of the cost of system improvements that is reasonably and fairly related to the service demands and needs of a project. Public facilities (and public facility categories) means: Parks, open space, and recreation areas, and related facilities; Public safety facilities, including sheriff, and inmate housing; Fire, emergency medical, and rescue facilities; Libraries and related facilities; and Roads, streets, and bridges, including rights-of-way, traffic signals, landscaping, and any local components of state or federal highways. Regional commission means the Georgia Mountains Regional Commission as designated by the Georgia Department of Community Affairs. Service area means a geographically defined area as designated in the capital improvements element of the comprehensive plan in which a defined set of public facilities provide or are proposed to provide service to existing or future development. System improvement costs mean costs incurred to provide public facilities capacity to serve new growth and development, including the costs of planning, design, engineering, construction, land acquisition, and land ---PAGE BREAK--- (Supp. No. 29) Page 5 of 18 improvement for the construction or reconstruction of facility improvements or expansion. System improvement costs include the construction, contract price, surveying, and engineering fees, related land acquisition costs, including land purchases, court awards, and costs, attorneys' fees and expert witness fees; and expenses incurred for qualified staff or any qualified engineer, planner, architect, landscape architect, or financial consultant for preparing or updating the capital improvements element; and administrative costs of up to three percent of the total of all other system improvement costs. Projected interest charges and other finance costs may be included if the impact fees are to be used for the payment of principal and interest on bonds, notes, or other financial obligations issued to finance system improvements. System improvement costs do not include routine and periodic maintenance expenditures, personnel training, and other operating costs. System improvements mean capital improvements that are public facilities and are designed to provide service to more than one project or the community at large, in contrast to "project" improvements. Unit of development means the standard governmental measure of land development activity for a specific type of land use upon which the rate of demand for public service and facilities is based, such as a dwelling unit, square foot of nonresidential floor area, motel room, etc. Unused or excess impact fee means any individual impact fee payment from which no amount of money or only a portion thereof has been encumbered or expended according to the requirements of this article. (Ord. of 7-20-2006, § 3; Ord. of 8-16-2018) Sec. 101-60. Imposition of development impact fees. When required; amount. Any person who, after March 1, 2025 engages in development shall pay a development impact fee in the manner and amount set forth in this article. Construction not subject to impact fees. The following projects and construction activities do not constitute "development" as defined in this article and are therefore not subject to the imposition of impact fees: Rebuilding no more than the same number of units of development as defined in this article that were removed by demolition or destroyed by fire or other catastrophe on the same lot or property. Remodeling or repairing a structure that does not result in an increase in the number of units of development. Replacing a residential housing unit with another housing unit on the same lot or property. Placing or replacing a manufactured home in a manufactured home park on a prepared manufactured home pad in existence and operation prior to the effective date of this article. Placing a temporary construction office or temporary sales office on a lot during the period of construction or build-out of a development project. Constructing an addition to or expansion of a residential housing unit that does not increase the number of housing units. Adding uses that are typically accessory to residential uses and intended for the personal use of the residents, such as a deck or patio, satellite antenna, pet enclosure, or private recreational facilities such as a swimming pool. Grandfathered projects. Notwithstanding any other provision of this article, any project for which a valid building permit had been issued prior to the effective date of an amendment to this article, shall not be subject to additional development impact fees so long as the project remains valid and construction commenced and is pursued according to the terms of such building permit. ---PAGE BREAK--- (Supp. No. 29) Page 6 of 18 Any building for which a valid and complete application for a building permit has been received prior to the effective date of an amendment to this article may proceed without payment of additional impact fees otherwise imposed by this article, provided that: a. All fees and development impact fees in effect prior to the effective date of this article shall be or have been paid in full; and b. Said construction shall be commenced, pursued, and completed within the time established by the building permit or within 180 days, whichever is later. Work for which a valid permit has been issued shall continue with grandfathered status until the permit expires, at which time the renewal of the permit or the issuance of a new permit for the same work or additional work on the same property shall require payment of the applicable impact fee. Such fee shall be the amount of the increase over the amount previously paid, if any. Method of calculation. Any development impact fee imposed pursuant to this article 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, as established in the capital improvements element of the comprehensive plan. Notwithstanding anything to the contrary in this article, the calculation of impact fees shall be net of credits for the present value of ad valorem taxes or other revenues as established in the capital improvements element of the comprehensive plan and which: a. Are reasonably expected to be generated by new growth and development; and b. Are reasonably expected on the basis of historical funding patterns to be made available to pay for system improvements of the same category and in the same service area for which an impact fee is imposed. The method of calculating impact fees for public facilities under this article shall be maintained for public inspection as a part of the official records of the county, and may be amended from time to time by official act of the board of commissioners. In addition to the cost of new or expanded system improvements needed to be built to serve new development, the cost basis of a development impact fee may also include the proportionate cost of existing system improvements to the extent that such public facilities have excess service capacity and new development will be served by such facilities as established in the capital improvements element. Development impact fees shall be based on actual system improvement costs or reasonable estimates of such costs as set forth in the capital improvements element. (Ord. of 7-20-2006, § 4; Ord. of 5-21-2009(1), § I; Ord. of 8-16-2018) Sec. 101-61. Fee assessment and payment. Fee schedule. Payment of a development impact fee pursuant to the fee schedule attached hereto and incorporated herein as attachment A shall constitute full and complete payment of the project's proportionate share of system improvements as individually levied by the county and shall be deemed to be in compliance with the requirements of this article. 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 ---PAGE BREAK--- (Supp. No. 29) Page 7 of 18 for each and every building, structure, or use, including each and every use within a building or structure. In the event that an applicant contends that the land use category of the proposed project is not shown on the fee schedule or fits within a different category, then: a. The administrator in his or her sole discretion shall make a determination as to the appropriate land use designation and the appropriate development impact fee. b. In making such determination, the administrator may require additional information from the applicant to form a logical fee determination relative to the impact fees shown on the adopted fee schedule. c. If a land use designation is not in a category contained in this article, then an appropriate new category may be added by the administrator and an appropriate fee established under the county's current impact fee methodology, subject to annual confirmation by the board of commissioners. d. Appeals from the decision of the administrator shall be made to the board of commissioners in accordance with the administrative appeals section of this article. Timing of assessment and payment. Development impact fees shall be assessed at the time of application for a building permit. All development impact fees shall be collected by the time of issuance of a building permit, and as a prerequisite to issuance of a certificate of occupancy for the building. For projects not involving the issuance of a building permit, all development impact fees shall be collected at the time of approval of the development permit or such other authorization to commence construction or to commence use of a property. If the final use of a building cannot be determined at the time of the initial building permit, the administrator shall have the authority to assess a development impact fee based on the most likely use of the building and shall adjust the fee in accordance with the actual use prior to issuance of an interior finishes permit or approval of a certificate of occupancy. An adjustment may result in a refund to the fee payor or payment of the marginal increase of the adjusted fee over the amount already paid. Notwithstanding any other provision of this article, any future change in demand for public facilities in excess of the average demand anticipated at the time of issuance of the building permit shall be assessed such additional fee as would otherwise have been due. The feepayer shall furnish all documentation the impact fee administrator requires to determine the previous use. Future changes in demand may result from a change in the land use category of the occupant of the building or property, the expansion of a building, or the expansion of a land use on a property that results in an increase in the units of development (as defined herein), or the subsequent discovery of facts unknown or misrepresented at the time of issuance of the building permit. Should the proposed change to the building or use as described above result in a net decrease in demand for public facilities, no refunds or credits for impact fees previously paid shall be made. Individual assessment determinations. Individual assessments of development impact fees may be established as follows: At their option, an applicant for development approval may petition the administrator for an individual assessment determination of development impact fees due for their project in lieu of the fee established on the fee schedule attached hereto and incorporated herein as attachment A. In the event that an applicant elects an individual assessment, the applicant shall submit an individual assessment study. Each assessment study shall: ---PAGE BREAK--- (Supp. No. 29) Page 8 of 18 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 Dawson County or its region, carried out by qualified engineers or planners pursuant to an accepted methodology; and c. Provide any other written specifications as may be reasonably required by the administrator to substantiate the individual assessment determination. The administrator in his or her sole discretion shall determine whether the content of an individual assessment study satisfies the requirements of this article. A negative determination by the administrator may be appealed to the board of commissioners in accordance with the administrative appeals section of this article. Any fee approved as an individual assessment determination shall have standing for 180 days following the date of approval. Payment of such an approved individual assessment determination shall constitute full and complete payment of the project's proportionate share of system improvement as individually levied by the county, and shall be deemed to be in compliance with the requirements of this article. Fee certification. Upon application to the administrator, a developer or property owner may receive a certification of the development impact fee schedule attached hereto and incorporated herein as Attachment A or a certified fee for a particular project, as applicable. Such certified schedule or fee shall establish the development impact fee due for a period of 180 days from the date of certification, even if new or revised rate schedules are adopted in the interim. The administrator shall provide an applicant with a written certification of the impact fee schedule or individual fee determination for a particular project, as applicable, within five working days after the administrator’s receipt of a completed application. The fee certification shall establish the individual fee schedule or individual determination for a particular project for the proposed development activity for the 180-day period immediately following the date of such certification. Notwithstanding the issuance of any certification of an individual fee determination for a particular project, any additions to the proposed development activity or changes to the land use identified in the original application shall negate any such certification. (Ord. of 7-20-2006, § 5; Ord. of 5-9-2009(1), § II; Ord. of 8-16-2018) Sec. 101-62. Exemptions. Economic development exemptions. According to the following provisions, the board of commissioners may waive a percentage of impact fees for particular development projects that create extraordinary economic development and employment growth. 1) The board of commissioners shall make a finding that the proposed development would create employment growth. 2) The board of commissioners shall appropriate non-impact fee revenue to pay for the exemption. 3) The impact fee administrator shall transfer funds into the appropriate impact fee accounts and issue the exemption. The exemption documentation shall include the application for a building permit. (Ord. of 7-20-2006, § 6; Ord. of 8-16-2016) ---PAGE BREAK--- (Supp. No. 29) Page 9 of 18 Sec. 101-63. Deposit and expenditure of fees. Maintenance of funds. All development impact fee funds collected for future expenditure on construction or expansion of facilities pursuant to this article shall be maintained in one or more interest-bearing accounts until encumbered or expended. Restrictions on the investment of development impact fee funds shall be the same that apply to investment of all such funds. Separate accounting records shall be maintained for each public facility category of system improvements. Interest earned on development impact fees shall be considered funds of the account on which it is earned and shall be subject to all restrictions placed on the use of development impact fees under this article. Interest earned each fiscal year shall be distributed among the various funds in proportion to their end-of-year balances. Expenditures; restrictions. Expenditures from the impact fee accounts shall be made only for the system improvements in the public facility category for which the development impact fee was assessed and collected. Expenditures from the impact fee account for a particular public facility category shall be made only for projects listed for that category in the most recently adopted capital improvements element. a. Such expenditures for a specific project may be based on the amount of the actual cost of the project, but; b. Such expenditures may not exceed the percentage of impact fee eligibility established for such projects in the capital improvements element. c. Expenditures for projects not listed in the capital improvements element may be made only after they have been included in the capital improvements element by amendment adopted by the board of commissioners. Notwithstanding anything contrary in this article, the following shall be considered general revenue of the county and may be expended accordingly. a. Impact fees collected to recover the present value of excess capacity in existing system improvements; b. Any portion of an impact fee collected as a requirement for expenditures made by the county for system improvements intended to be funded by such impact fee; and c. Any portion of the impact fee collected for administration of the impact fee program and such additional amount assessed for repayment of the cost of preparing the capital improvements element (CIE) or required annual CIE update reports to the state. Annual CIE Update. The administrator shall prepare an annual CIE update to the board of commissioners based on the preceding annual audit describing the amount of any development impact fees collected, encumbered, and used during the preceding fiscal year by the public facility category. Such CIE update shall be prepared following guidelines of the Georgia Department of Community Affairs (DCA) and submitted to the Georgia Mountains Regional Commission in conjunction with the annual update of the community work program of the comprehensive plan, in accordance with Sec.101-67(b). of this article . (Ord. of 7-20-2006, § 7; Ord. of 8-16-2018) ---PAGE BREAK--- (Supp. No. 29) Page 10 of 18 Sec. 101-64. Credits. When eligible, fee payors shall be entitled to a credit against impact fees otherwise due and owing under the circumstances and in the manner set forth in this section. Credits; restrictions. a. Except as provided in subsection (1)b of this section, no credit shall be given for construction, contribution, or dedication of any system improvement or funds for system improvements made before the effective date of this article. b. If the value of any construction, dedication of land, or contribution of money made by a developer (or his or her predecessor in title or interest) prior to the effective date of this article for system improvements that are included for impact fee funding in the most recently adopted capital improvements element is greater than the impact fee that would otherwise be paid for the project, then the developer shall be entitled to a credit for such excess construction, dedication, or funding. Notwithstanding anything to the contrary in this article, any credit due under this section shall not constitute a liability of the county, and shall accrue to the developer to the extent of impact fees assessed for new development for the same category of system improvements. c. In no event shall credit be given for project improvements or for system improvements not included for impact fee funding the most recently adopted capital improvements element. Granting of credits. a. Credit shall be given for the present value of any construction of improvements, contribution or dedication of land, or payment of money by a developer or his or her predecessor in title or interest for system improvements of the same public facilities category for which a development impact fee is imposed, provided that: 1. The system improvement is included for impact fee funding in the most recently adopted capital improvements element; 2. The amount of the credit does not exceed the portion of the system improvement's cost that is eligible for impact fee funding, as shown in the capital improvements element, and 3. The board of commissioners shall have explicitly approved said improvement, contribution, dedication, or payment and the value thereof prior to its construction dedication or transfer. b. The credit allowed pursuant to this section shall not exceed the impact fee due for such system improvement unless a greater credit is authorized under a private agreement executed under the provisions of section 101-66. Guidelines for credit valuation. Credits under this section shall be valued using the following guidelines: a. For the construction of any system improvements by a developer or his or her predecessor in title or interest and accepted by the county, the developer must present evidence satisfactory to the administrator of the original cost of the improvement, from which present value may be calculated. b. For any contribution or dedication of land for system improvements by a developer or his or her predecessor in title or interest and accepted by the county, the original value of the land shall be the same as that attributed to the property by the validated tax appraisal at the time of dedication, from which present value may be calculated. c. For any contribution of capital equipment that qualifies as a system improvement by a developer or his or her predecessor in title or interest and accepted by the county, the value shall be the ---PAGE BREAK--- (Supp. No. 29) Page 11 of 18 original cost to the developer of the capital equipment or the cost that the county would normally pay for such equipment, whichever is less. d. For any contribution of money for system improvements from a developer or his or her predecessor in title or interest accepted by the county, the original value of the money shall be the same as that at the time of contribution from which present value may be calculated. e. In making a present value calculation, the discount rate used shall be the net of the interest returned on a State of Georgia, AA rated or better municipal bond, less average annual inflation, or such other discount rate as the board of commissioners in its sole discretion may deem appropriate. Credits: application. a. Credits shall be giver only upon written request of the developer to the administrator. A developer must present written evidence satisfactory to the administrator at or before the time of development impact fee assessment. b. The administrator in his or her sole discretion shall review all claims for credits and make determinations regarding the allowance of any claimed credit, and the value of any allowed credit. c. Any credit approved by the administrator shall be acknowledged in writing by the administrator and calculated at the time of impact fee assessment. d. Credit denials by the administrator may be appealed to the board of commissioners in accordance with section 101-68, administrative appeals. Credits; abandoned building permits. In the event that an impact fee is paid but the building permit is abandoned, credit shall be given for the impact fee paid against future impact fees for the same parcel of land upon submission of adequate evidence to the administrator that an impact fee was received by the county, the amount paid, and that the building permit was abandoned. (Ord. of 7-20-2006, § 8; Ord. of 8-16-2018) Sec. 101-65. Refunds. Eligibility for a refund. Upon the request of a fee payor regarding a property on which a development impact fee has been paid, the development impact fee shall be refunded if: a. Capacity is available in the public facilities for which the fee was collected but service is permanently denied; or b. The development impact fee has not been encumbered or construction has not been commenced within six years after the date the fee was collected. In determining whether development impact fees have been encumbered, development impact fees shall be considered encumbered on a first-in- first-out (FIFO) basis. Notice of entitlement to a refund. When the right to a refund exists due to a failure to encumber the development impact fees, the administrator shall provide written notice of entitlement to a refund to the fee payor who paid the development impact fee at the address shown on the application for development approval or to a successor in interest who has given adequate notice to the administrator of a legal transfer or assignment of the right to entitlement to a refund and who has provided a mailing address. Such notice shall also be published in a newspaper of general circulation in Dawson County within 30 days after the expiration of the six-year period after the date that the development impact fee was collected, and shall ---PAGE BREAK--- (Supp. No. 29) Page 12 of 18 contain a heading notice of entitlement to development impact fee refund. No refund shall be made for a period of 30 days from the date of said publication. Filing a request for a refund. All requests for refunds shall be made in writing to the administrator within one year of the time the refund becomes payable or within one year of publication of the notice of entitlement to a refund, whichever is later. Failure to claim a refund within said time period shall result in a waiver of all claims to said funds. Payment of refunds. All refunds shall be made to the fee payor within 60 days after it is determined by the administrator that a sufficient proof of claim for refund has been made, but no sooner than 30 days after publication of the notice of entitlement to the refund. A refund shall include a refund of a pro rata share of interest earned on the unused or excess impact fee collected. In no event shall a fee payor be entitled to a refund for impact fees assessed and paid to recover the cost of excess capacity in existing system improvements, for any portion of an impact fee collected as a repayment for expenditures made by the county, for system improvements intended to be funded by such impact fee, for that portion of the fee payment that was assessed for administration of the impact fee ordinance, or for recovery of the cost of preparation of the capital improvements element. (Ord. of 7-20-2006, § 9; Ord. of 8-16-2018) Sec. 101-66. Private contractual agreements. Private agreements: authorized. Nothing in this article shall prohibit the voluntary mutual approval of a private contractual agreement between the county and any developer or property owner or group of developers and property owners 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 improvement costs which are used or shared by more than one development project, provided that: The system improvements are included for impact fee funding in the most recently adopted capital improvements element; and The amount of any credit or reimbursement granted shall not exceed the portion of the system improvements cost that is eligible for impact fee funding. Private agreements; provisions. A private contractual agreement for system improvements may include, but shall not be limited to, provisions that: 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 shall allow the county to assess additional development impact fees after the completion of construction according to the fee schedule set forth in this article as attachment A. Permit construction of, dedication of property for, or other in-kind contribution for specific public facilities of the type for which development impact fees would be imposed in lieu of or with a credit against applicable development impact fees. Permit a schedule and method of payment appropriate to particular and unique circumstances of a proposed project in lieu of the requirements for payment under this article, provided that acceptable security is posted, ensuring payment of the development impact fees. Forms of security that may be acceptable include a cash bond, an irrevocable letter of credit from a bank authorized to do business ---PAGE BREAK--- (Supp. No. 29) Page 13 of 18 within the State of Georgia, a surety bond, or a lien or mortgage on lands to be covered by the building permit. Private agreements; procedure. Any private agreement proposed by an applicant pursuant to this section shall be submitted to the administrator 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 mortgages, lien holders, or contract purchasers in addition to the landowner, and shall require the applicant to submit such agreement to the clerk of the superior court for recording. (Ord. of 7-20-2006, § 10; Ord. of 8-16-2018) Sec. 101-67. Periodic review and amendments. Ordinance amendments. This article may be amended from time to time as deemed appropriate or desirable. Interim amendments to the impact fee schedule regarding the establishment of new land use categories by the administrator under section 101-61(a)(3) are expressly authorized. Annual CIE update. Once each year, the county shall prepare an annual CIE update for submission to the regional commission for regional and state review. The report must include a financial report for the impact fee program based on the latest adopted audit. In addition, the report must update the community work program to maintain, at a minimum, a schedule of system improvements to be undertaken for each of the subsequent five years. The financial report shall include the beginning balances , the impact fees collected in each public facility category, interest earned on the funds on hand, refunds made, funds expended, and the ending balances in each public facility category (such as parks & recreation, roads, etc. The community work program shall be updated by adding a future year and deleting the past year, such that a total of five years is always shown. Impact fee-funded projects that are anticipated to be undertaken are to be listed individually, with the year of implementation the cost of the project the source of funds, and the department responsible for implementation. The annual CIE update may include changes in funding sources or project costs, or changes in the scheduling of projects. However, new projects not included in the list of impact fee eligible projects contained in the most recently adopted capital improvements element itself cannot be added in the annual CIE Update , unless the capital improvements element is amended in accordance with Sec. 101- 67(c). The annual CIE update is to be submitted to the regional commission for regional and state review, in accordance with the development impact fee compliance requirements as adopted by the Georgia Department of Community Affairs. Capital improvements element amendment. From time to time, the board of commissioners may determine to amend the capital improvements element. Amendments to the capital improvements element shall be required for any change to the capital improvements element that would: ---PAGE BREAK--- (Supp. No. 29) Page 14 of 18 a. Change the list of system improvement projects by adding, deleting or substantially modifying the projects; b. Redefine or extend growth projections, land development assumptions, or goals or objectives that would affect system improvements proposed in the capital improvements element; c. Add new public facility categories for impact fee funding; d. Change the level of service established for a public facility category; or e. Make any other revisions needed to keep the capital improvements element up to date. The capital improvements element amendment shall be prepared in accordance with the development impact fee compliance requirements as adopted by the Georgia Department of Community Affairs and submitted to the Georgia Mountains Regional Commission for regional and state review. Continuation of validity. The failure of the board of commissioners to undertake a periodic review of the capital improvement element shall result in the continued use and application of the latest adopted development impact fee schedule, service areas, project listings, impact eligibility percentages, and other data upon with the level of service standards and impact fee calculations are based. The failure to periodically review the capital improvements element shall not invalidate this article. (Ord. of 7-20-2006, § 11; Ord. of 8-16-2018) Sec. 101-68. Administrative appeals. Eligibility to file an appeal. Only applicants or fee payors who have already been assessed an impact fee by the county or who have already received a written determination of individual assessment refund or credit amount shall be entitled to an appeal. Appeals process. The aggrieved applicant or fee payor (hereinafter the "appellant") must file a written appeal with the administrator within 15 days of the decision or receipt of the written determination from which the appeal is taken. Such written appeal shall constitute an application for relief shall include: a. the basis for the appeal and the relief sought; b. the name and address of the appellant; c. the location of the affected property; c. a copy of any applicable written decision or determination made by the administrator from which the appeal is taken. Within 15 days after receipt of the appeal, the administrator shall make a written final decision with respect to the appeal. Such a decision shall be of sufficient content to set forth the basis for the determination. Appeals from the final decision of the administrator shall be made to the board of commissioners within 30 days of receipt by the appellant of the administrator's decision. Delivery by hand or certified mail to or posting upon the property at the address given by the appellant in the application for relief shall constitute "receipt by the appellant" under this provision. The board of commissioners shall thereafter hold a hearing on the appeal within 30 days, provided that at least two weeks written notice thereof can be given to the appellant. The board of commissioners shall decide the issue within a reasonable time following the hearing, but in no case more than 30 days following the hearing unless the appellant agrees to an extension to a later date. Any party making an ---PAGE BREAK--- (Supp. No. 29) Page 15 of 18 appeal shall have the right to appear at the hearing to present evidence and may be represented by counsel. Payment of impact fee during appeal. The filing of an appeal shall not stay the assessment or collection of a development impact fee as a condition to the issuance of development approval. A developer may pay a development impact fee under protest to obtain a building permit or development approval and by making such payment shall not be estopped from exercising his or her right of appeal or receiving a refund of any amount deemed to have been collected in excess. (Ord. of 7-20-2006, § 12; Ord. of 8-16-2018) Sec. 101-69. Enforcement and penalties. Enforcement authority. The enforcement of this article shall be the responsibility of the administrator and such personnel as the administrator may designate from time to time. The administrator shall have the right to inspect the lands affected by this article and shall have the right to issue a written notice of violation, or a stop work order. Refusal of written notice of violation, or stop work order, under this article shall constitute legal notice of service. The receipt of a written notice of violation shall require that corrective action be taken within 30 days unless otherwise extended at the discretion of the administrator. The administrator may suspend or revoke any building permit or withhold the issuance of other development approvals if the provisions of this article have been violated by the developer or the owner or their assigns. Violations. Knowingly furnishing false information on any matter relating to the administration of an ordinance shall constitute an actionable violation. Proceeding with the construction of a project inconsistent with the impact fee assessment, such as the use category claimed, or units of development indicated, shall constitute an actionable violation. Failure to take corrective action following the receipt of a written notice of violation or stop work order shall constitute an actionable violation. A violation of this article shall be a misdemeanor punishable according to law, including the general penalty provisions of the Dawson County Code of Ordinances. In addition to or in lieu of criminal prosecution, the board of commissioners shall have the power to sue in law or equity for relief in civil court to enforce this article, including recourse to such civil and criminal remedies in law and equity as may be necessary to ensure compliance with the provisions of this article, and including but not limited to injunctive relief to enjoin and restrain any person from violating the provisions of this article, and to recover such damages as may be incurred by the implementation of specific corrective actions. (Ord. of 7-20-2006, § 13; Ord. of 8-16-2018) Sec. 101-70. Incorporation by reference to Georgia laws. It is the intent of the board of commissioners that the development impact fee ordinance complies with the terms and provisions of the Georgia Development Impact Fee Act (O.C.G.A. § 36-71-1 et seq.) as amended. To the extent that any provision of this article is inconsistent with the provisions of said act, the latter shall control. ---PAGE BREAK--- Created: 2024-10-15 13:19:39 [EST] (Supp. No. 29) Page 16 of 18 Furthermore, to the extent that this article is silent as to any provision of said chapter that is otherwise made mandatory by said chapter, such provision shall control and be binding upon the county. (Ord. of 7-20-2006, § 14.03; Ord. of 8-16-2018) Sec. 101-71. Effective date. This article or any amendments thereto shall take effect on March 1, 2025. (Ord. of 7-20-2006, § 14.04; Ord. of 8-16-2018) Secs. 101-72—101-100. Reserved. ---PAGE BREAK--- (Supp. No. 29) Page 17 of 18 Attachment A: Impact Fee Schedule Land Use Library Services Parks and Recreation Law Enforcement Fire Protection Road Improvements Admin. Fee CIE Prep Fee Total Impact Fee Residential Single-Family Detached Housing 100.0000 $ 4,162.6225 $ 324.4095 $ 1,022.7044 $ 21.3316 $ 84.4660 $ 84.4660 $ 5,800.0000 $ per dwelling Duplex or Townhouse 1-3 stories 100.0000 $ 4,162.6225 $ 324.4095 $ 1,022.7044 $ 16.2871 $ 84.3904 $ 84.3904 $ 5,794.8042 $ per dwelling Multi-Family Low Rise 2-3 stories 100.0000 $ 4,162.6225 $ 324.4095 $ 1,022.7044 $ 15.2465 $ 84.3747 $ 84.3747 $ 5,793.7324 $ per dwelling Senior Adult Single-Family Housing 100.0000 $ 4,162.6225 $ 324.4095 $ 1,022.7044 $ 9.7496 $ 84.2923 $ 84.2923 $ 5,788.0706 $ per dwelling Senior Adult Multi-Family Housing 100.0000 $ 4,162.6225 $ 324.4095 $ 1,022.7044 $ 7.3292 $ 84.2560 $ 84.2560 $ 5,785.5775 $ per dwelling Congregate Care Facility 100.0000 $ 4,162.6225 $ 324.4095 $ 1,022.7044 $ 4.9992 $ 84.2210 $ 84.2210 $ 5,783.1777 $ per dwelling Industrial General Light Industrial - $ - $ 0.2369 $ 0.7468 $ 0.0101 $ 0.0149 $ 0.0149 $ 1.0236 $ per square foot Manufacturing - $ - $ 0.2854 $ 0.8996 $ 0.0099 $ 0.0179 $ 0.0179 $ 1.2307 $ per square foot Warehousing - $ - $ 0.0511 $ 0.1610 $ 0.0036 $ 0.0032 $ 0.0032 $ 0.2220 $ per square foot Mini-Warehouse (Self Storage) - $ - $ 0.0511 $ 0.1610 $ 0.0030 $ 0.0032 $ 0.0032 $ 0.2215 $ per square foot High-Cube Warehouse, short term - $ - $ 0.0986 $ 0.3110 $ 0.0029 $ 0.0062 $ 0.0062 $ 0.4249 $ per square foot High-Cube Warehouse, fulfillment center - $ - $ 0.0985 $ 0.3106 $ 0.0038 $ 0.0062 $ 0.0062 $ 0.4253 $ per square foot High-Cube Hub Warehouse - $ - $ 0.1031 $ 0.3251 $ 0.0096 $ 0.0066 $ 0.0066 $ 0.4510 $ per square foot Data Center - $ - $ 0.0698 $ 0.2199 $ 0.0021 $ 0.0044 $ 0.0044 $ 0.3005 $ per square foot Specialty Trade Contractor - $ - $ 0.4079 $ 1.2860 $ 0.0204 $ 0.0257 $ 0.0257 $ 1.7657 $ per square foot Lodging Hotel or Conference Motel - $ - $ 84.0167 $ 264.8635 $ 12.8326 $ 5.4257 $ 5.4257 $ 372.5642 $ per room All Suites Hotel - $ - $ 139.3842 $ 439.4102 $ 7.0668 $ 8.7879 $ 8.7879 $ 603.4371 $ per room Motel - $ - $ 20.0692 $ 63.2683 $ 4.4710 $ 1.3171 $ 1.3171 $ 90.4427 $ per room Recreational Golf Course - $ - $ 37.0357 $ 116.7556 $ 10.2609 $ 2.4608 $ 2.4608 $ 168.9737 $ per acre Movie Theater - $ - $ 0.2136 $ 0.6735 $ 0.1501 $ 0.0156 $ 0.0156 $ 1.0684 $ per square foot Tennis Courts - $ - $ 36.7755 $ 115.9350 $ 33.1035 $ 2.7872 $ 2.7872 $ 191.3883 $ per acre Racquet/Tennis Club - $ - $ 0.0716 $ 0.2258 $ 0.0368 $ 0.0050 $ 0.0050 $ 0.3442 $ per square foot Recreational Community Center - $ - $ 0.1595 $ 0.5027 $ 0.0554 $ 0.0108 $ 0.0108 $ 0.7392 $ per square foot Institutional Private Elementary School - $ - $ 0.1034 $ 0.3260 $ 0.0279 $ 0.0069 $ 0.0069 $ 0.4710 $ per square foot Private High School - $ - $ 0.0954 $ 0.3006 $ 0.0271 $ 0.0063 $ 0.0063 $ 0.4357 $ per square foot Church/Place of Worship - $ - $ 0.0555 $ 0.1750 $ 0.0155 $ 0.0037 $ 0.0037 $ 0.2534 $ per square foot Day Care Center - $ - $ 0.3359 $ 1.0588 $ 0.0108 $ 0.0211 $ 0.0211 $ 1.4476 $ per square foot Cemetery - $ - $ 15.7185 $ 49.5529 $ 12.2560 $ 1.1629 $ 1.1629 $ 79.8533 $ per acre Medical Hospital - $ - $ 0.4308 $ 1.3580 $ 0.0188 $ 0.0271 $ 0.0271 $ 1.8617 $ per square foot Nursing Home - $ - $ 0.3075 $ 0.9694 $ 0.0115 $ 0.0193 $ 0.0193 $ 1.3270 $ per square foot Clinic - $ - $ 0.4079 $ 1.2859 $ 0.0655 $ 0.0264 $ 0.0264 $ 1.8120 $ per square foot Veterinary Clinic - $ - $ 0.2555 $ 0.8054 $ 0.0340 $ 0.0164 $ 0.0164 $ 1.1277 $ per square foot Unit of Measure ---PAGE BREAK--- (Supp. No. 29) Page 18 of 18 Land Use Library Services Parks and Recreation Law Enforcement Fire Protection Road Improvements Admin. Fee CIE Prep Fee Total Impact Fee Office General Office Building or >10,000 sf ) - $ - $ 0.4909 $ 1.5474 $ 0.0226 $ 0.0309 $ 0.0309 $ 2.1227 $ per square foot Small Office Building (<10,000 sf) - $ - $ 0.2761 $ 0.8703 $ 0.0299 $ 0.0176 $ 0.0176 $ 1.2116 $ per square foot Corporate Headquarters Building - $ - $ 0.5189 $ 1.6360 $ 0.0165 $ 0.0326 $ 0.0326 $ 2.2366 $ per square foot Single-Tenant Office Building - $ - $ 0.5119 $ 1.6138 $ 0.0272 $ 0.0323 $ 0.0323 $ 2.2174 $ per square foot Medical-Dental Office Building - $ - $ 0.6232 $ 1.9648 $ 0.0627 $ 0.0398 $ 0.0398 $ 2.7302 $ per square foot Office Park - $ - $ 0.4715 $ 1.4865 $ 0.0230 $ 0.0297 $ 0.0297 $ 2.0405 $ per square foot Research and Development Center - $ - $ 0.4958 $ 1.5629 $ 0.0231 $ 0.0312 $ 0.0312 $ 2.1442 $ per square foot Business Park - $ - $ 0.4643 $ 1.4637 $ 0.0259 $ 0.0293 $ 0.0293 $ 2.0126 $ per square foot Retail Building Materials and Lumber Store - $ - $ 0.0998 $ 0.3145 $ 0.0312 $ 0.0067 $ 0.0067 $ 0.4589 $ per square foot Free-Standing Discount Superstore - $ - $ 0.3478 $ 1.0966 $ 0.0823 $ 0.0229 $ 0.0229 $ 1.5725 $ per square foot Variety Store (Dollar Store) - $ - $ 0.1004 $ 0.3166 $ 0.0706 $ 0.0073 $ 0.0073 $ 0.5022 $ per square foot Free-Standing Discount Store - $ - $ 0.3298 $ 1.0397 $ 0.0500 $ 0.0213 $ 0.0213 $ 1.4620 $ per square foot Hardware/Paint Store - $ - $ 0.0439 $ 0.1385 $ 0.0073 $ 0.0028 $ 0.0028 $ 0.1955 $ per square foot Nursery (Garden Center) - $ - $ 0.4704 $ 1.4829 $ 0.1248 $ 0.0312 $ 0.0312 $ 2.1404 $ per square foot Nursery (Wholesale) - $ - $ 0.2513 $ 0.7923 $ 0.0715 $ 0.0167 $ 0.0167 $ 1.1485 $ per square foot Shopping Center (150,000 sf - $ - $ 0.3204 $ 1.0099 $ 0.0360 $ 0.0205 $ 0.0205 $ 1.4073 $ per square foot Shopping Plaza (40-150K) - $ - $ 0.3204 $ 1.0099 $ 0.0834 $ 0.0212 $ 0.0212 $ 1.4561 $ per square foot Strip Retail Plaza 40,000 sf) - $ - $ 0.3204 $ 1.0099 $ 0.0813 $ 0.0212 $ 0.0212 $ 1.4539 $ per square foot Automobile Sales (New) - $ - $ 0.3748 $ 1.1816 $ 0.0498 $ 0.0241 $ 0.0241 $ 1.6544 $ per square foot Automobile Sales (Used) - $ - $ 0.3269 $ 1.0307 $ 0.0484 $ 0.0211 $ 0.0211 $ 1.4482 $ per square foot Recreation Vehicle Sales - $ - $ 0.0957 $ 0.3016 $ 0.0089 $ 0.0061 $ 0.0061 $ 0.4184 $ per square foot Auto Parts Store - $ - $ 0.2440 $ 0.7691 $ 0.0543 $ 0.0160 $ 0.0160 $ 1.0994 $ per square foot Tire Store - $ - $ 0.2488 $ 0.7844 $ 0.0420 $ 0.0161 $ 0.0161 $ 1.1075 $ per square foot Supermarket - $ - $ 0.3226 $ 1.0171 $ 0.0722 $ 0.0212 $ 0.0212 $ 1.4542 $ per square foot Discount Club - $ - $ 0.1988 $ 0.6266 $ 0.0586 $ 0.0133 $ 0.0133 $ 0.9105 $ per square foot Sporting Goods Superstore - $ - $ 0.8076 $ 2.5460 $ 0.0323 $ 0.0508 $ 0.0508 $ 3.4874 $ per square foot Home Improvement Superstore - $ - $ 0.8076 $ 2.5460 $ 0.0223 $ 0.0506 $ 0.0506 $ 3.4771 $ per square foot Pharmacy/Drugstore w/drive-through - $ - $ 0.2363 $ 0.7450 $ 0.0932 $ 0.0161 $ 0.0161 $ 1.1067 $ per square foot Furniture Store - $ - $ 0.0869 $ 0.2740 $ 0.0029 $ 0.0055 $ 0.0055 $ 0.3747 $ per square foot Services Drive-in Bank - $ - $ 0.4623 $ 1.4575 $ 0.0499 $ 0.0295 $ 0.0295 $ 2.0288 $ per square foot Fast Casual Restaurant - $ - $ 0.7603 $ 2.3969 $ 0.0813 $ 0.0486 $ 0.0486 $ 3.3357 $ per square foot Fine Dining Restaurant - $ - $ 0.7603 $ 2.3969 $ 0.0721 $ 0.0484 $ 0.0484 $ 3.3262 $ per square foot High-Turnover (Sit-Down) Restauant - $ - $ 0.7603 $ 2.3969 $ 0.0897 $ 0.0487 $ 0.0487 $ 3.3444 $ per square foot Fast-Food Restaurant w/o drive-thru window - $ - $ 1.2393 $ 3.9071 $ 0.2751 $ 0.0813 $ 0.0813 $ 5.5842 $ per square foot Fast-Food Restaurant w/drive-thru window - $ - $ 1.5833 $ 4.9915 $ 0.2855 $ 0.1029 $ 0.1029 $ 7.0662 $ per square foot Quick Lubrication Vehicle Shop - $ - $ 0.6556 $ 2.0669 $ 0.1133 $ 0.0425 $ 0.0425 $ 2.9210 $ per square foot Automobile Parts & Service Center - $ - $ 0.2188 $ 0.6898 $ 0.0214 $ 0.0139 $ 0.0139 $ 0.9579 $ per square foot Gasoline/Service Station - $ - $ 94.0500 $ 296.4936 $ 53.1126 $ 6.6548 $ 6.6548 $ 456.9659 $ per pump Convenience Store with Gas - $ - $ 0.3902 $ 1.2301 $ 0.2378 $ 0.0279 $ 0.0279 $ 1.9139 $ per square foot Unit of Measure