25 LC 59 0115
House Bill 656
By: Representatives Sainz of the 180
th
and Stephens of the 164
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to
1
development impact fees, so as to authorize the assessment of development impact fees for2
public facilities produced through agreements between developers and governmental entities;3
to revise definitions; to extend the period of time a local government may encumber unspent4
impact fees; to provide for related matters; to repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to development8
impact fees, is amended by revising paragraphs (16) and (17) of Code Section 36-71-2,9
relating to definitions, and by adding a new subparagraph to read as follows:10
"(16) 'Proportionate share' means that portion of the cost of system improvements which11
is reasonably related to the service demands and needs of the
caused by a project within12
the defined service area.13
(17) 'Public facilities' means:14
(A) Water supply production, treatment, and distribution facilities;15
(B) Waste-water collection, treatment, and disposal facilities;16
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(C) Roads, streets, and bridges, including rights of way, traffic signals, landscaping,
17
and any local components of state or federal highways;18
(D) Storm-water collection, retention, detention, treatment, and disposal facilities,19
flood control facilities, and bank and shore protection and enhancement improvements;20
(E) Parks, open space, and recreation areas and related facilities;21
(F) Public safety facilities, including police, fire, emergency medical, and rescue22
facilities; and
23
(G) Libraries and related facilities; and24
(H) Any of the public facilities listed in subparagraphs (A) through (G) of this25
paragraph that are the product of agreements between developers and governmental26
entities."27
SECTION 2.28
Said chapter is further amended by revising paragraphs (1) and (2) of Code Section 36-71-9,29
relating to refunds of development impact fees, as follows:30
"(1) Upon the request of an owner of property on which a development impact fee has31
been paid, a municipality or county shall refund the development impact fee if capacity32
is available and service is denied or if the municipality or county, after collecting the fee33
when service is not available, has failed to encumber the development impact fee or34
commence construction within six ten years after the date that the fee was collected. In35
determining whether development impact fees have been encumbered, development36
impact fees shall be considered encumbered on a first-in, first-out (FIFO) basis;37
(2) When the right to a refund exists due to a failure to encumber development impact38
fees, the municipality or county shall provide written notice of entitlement to a refund to39
the feepayor who paid the development impact fee at the address shown on the40
application for development approval or to a successor in interest who has given notice41
to the municipality or county of a transfer or assignment of the right or entitlement to a42
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refund and who has provided a mailing address. Such notice shall also be published
43
within 30 days after the expiration of the six-year
ten-year period after the date that the44
development impact fees were collected and shall contain the heading 'Notice of45
Entitlement to Development Impact Fee Refund';"46
SECTION 3.47
All laws and parts of laws in conflict with this Act are repealed.48
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