Title 36 — Title 36
0 chapters · 603 sections in this title.
O.C.G.A. § 36-71-1 Short title; legislative findings and intent
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(a) This chapter shall be known and may be cited as the ‘‘Georgia Development Impact Fee Act.’’ (b) The General Assembly finds that an equitable program for planning and financing public facilities needed to serve new growth and development is necessary in order to promote and ac…
O.C.G.A. § 36-71-10 Appeal of fee determination; arbitration
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(a) A municipality or county which adopts a development impact fee ordinance shall provide for administrative appeals to the governing body or such other body as designated in the ordinance of a determination of the development impact fees for a particular project. (b) A develope…
O.C.G.A. § 36-71-11 Intergovernmental agreements
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Municipalities and counties which are jointly affected by development are authorized to enter into intergovernmental agreements with each other, with authorities, or with the state for the purpose of developing joint plans for capital improvements or for the purpose of agreeing t…
O.C.G.A. § 36-71-2 Definitions
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As used in this chapter, the term: (1) ‘‘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. (2) ‘‘Capital improvements element’’ means a component of a…
O.C.G.A. § 36-71-3 Imposition of development impact fees
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(a) Municipalities and counties which have adopted a comprehensive plan containing a capital improvements element are authorized to impose by ordinance development impact fees as a condition of development approval on all development pursuant to and in accordance with the provisi…
O.C.G.A. § 36-71-4 Calculation of fees
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(a) A development impact fee shall not exceed a proportionate share of the cost of system improvements, as defined in this chapter. (b) Development impact fees shall be calculated and imposed on the basis of service areas. (c) Development impact fees shall be calculated on the ba…
O.C.G.A. § 36-71-5 Development Impact Fee Advisory Committee
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(a) Prior to the adoption of a development impact fee ordinance, a municipality or county adopting an impact fee program shall establish a Development Impact Fee Advisory Committee. (b) Such committee shall be composed of not less than five nor more than ten members appointed by …
O.C.G.A. § 36-71-6 Hearings on proposed fee ordinance
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Prior to the adoption of an ordinance imposing a development impact fee pursuant to this chapter, the governing body of a municipality or county shall cause two duly noticed public hearings to be held in regard to the proposed ordinance. The second hearing shall be held at least …
O.C.G.A. § 36-71-8 Deposit and expenditure of fees; annual report
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(a) An ordinance imposing development impact fees shall provide that all development impact fee funds shall be maintained in one or more interest-bearing accounts. Accounting records shall be maintained for each category of system improvements and the service area in which the fe…
O.C.G.A. § 36-71-9 Refunds
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Any municipality or county which adopts a development impact fee ordinance shall provide for refunds in accordance with the following provisions: (1) Upon the request of an owner of property on which a development impact fee has been paid, a municipality or county shall refund th…