Ga. Comp. R. & Regs. R. 110-3-2-.07 - Development Impact Fee Compliance Requirements

(1) General: The Georgia Development Impact Fee Act (O.C.G.A. Sec. 36-761-1et seq.), passed during the 1990 session of the General Assembly, sets certain conditions, related to comprehensive planning, which must be met by local governments before an impact fee ordinance can be implemented. The Act requires local governments wishing to impose development impact fees to adopt a comprehensive plan which meets the Minimum Planning Standards and Procedures and which contains the additional planning components outlined at 110-3-2-.07(2).

(a) Applicability: The comprehensive planning requirements listed in this chapter apply to all local governments intending to implement a development impact fee ordinance pursuant to the Georgia Development Impact Fee Act.

1. Unless otherwise provided for herein, the planning requirements contained in this chapter shall have an effective date of April 4, 1990.

2. All local ordinances or resolutions imposing impact fees for system improvements that existed on or before April 4, 1990, shall be brought into compliance with the provisions of the Georgia Development Impact Fee Act, including the planning requirements contained herein, no later than April 4, 1992.

(b) Definitions: For the purposes of this chapter, the following words shall have the meaning as contained herein unless the context does not permit such meaning. Terms not defined in this chapter but defined in O.C.G.A. Sec. 36-71-1et seq., shall have the meanings contained in O.C.G.A. Sec. 36-71-1et seq. Terms not defined in this chapter, nor in O.C.G.A. Sec. 36-71-1et seq., shall have ascribed to them ordinary accepted meanings such as the context may imply.

1. 'Capital Improvement' means an improvement with a useful life often 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 comprehensive plan adopted pursuant to O.C.G.A. Sec. 50-8-1et seq. which sets out projected needs for system improvements during a planning horizon established in the comprehensive plan, a schedule of capital improvements that will meet the anticipated need for system improvements, and a description of anticipated funding sources for each required improvement.

3. 'Development Impact Fee' means a payment of money imposed upon development as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve new growth and development.

4. 'Level of Service' means a measure of the relationship between service capacity and service demand for public facilities in terms of demand to capacity ratios or the comfort and convenience of use or service of public facilities, or both.

5. 'Project Improvements' means site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project and are not system improvements. The character of the improvement shall control a determination of whether an improvement is a project improvement or system improvement and the physical location of the improvement on-site or off-site shall not be considered determinative of whether an improvement is a project improvement or a system improvement. If an improvement or facility provides or will provide more than incidental service or facilities capacity to persons other than users or occupants of a particular project, the improvement or facility is a system improvement and shall not be considered a project improvement. No improvement or facility included in a plan for public facilities approved by the governing body of the municipality or county shall be considered a project improvement.

6. 'Public Facilities' means:

(i) Water supply production, treatment and distribution facilities;

(ii) Wastewater collection, treatment and disposal facilities;

(iii) Roads, streets and bridges, including rights of way, traffic signals, landscaping and any local components of state or federal highways;

(iv) Stormwater collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements;

(v) Parks, open space and recreation areas, and related facilities;

(vi) Public safety facilities, including police, fire, emergency medical and rescue facilities; and

(vii) Libraries and related facilities.

7. 'Service Area' means a geographic area defined by a municipality, county or intergovernmental agreement in which a defined set of public facilities provides service to development within the area. Service areas shall be designated on the basis of sound planning or engineering principles, or both.

8. 'System Improvements' means capital improvements that are public facilities and are designed to provide service to the community at large, in contrast to 'project improvements.'

(2) Comprehensive Planning Requirements:

(a) Purpose: Linking the implementation of a local development impact fee ordinance to the comprehensive planning process ensures that projected needs for system improvements are consistent with the needs and goals identified in the various other elements of the comprehensive plan. In addition, the identification of projected capital facilities needs based on levels of service established in the comprehensive plan provides a sound foundation of the calculation of impact fees.

(b) Application: The comprehensive planning requirements for compliance with the Georgia Development Impact Fee Act shall consist of (1) a Capital Improvements Element, containing the items specified below; and (2) a public policy statement in support of certain exemptions, as determined by the local government and as defined below.

1. Capital Improvements Element: The Capital Improvements Element shall include, but not be limited to, the following items:

(i) Projection of Needs: A projection of needs for system improvements during a planning horizon established in the comprehensive plan. To ensure consistency, the timeframe used for projecting infrastructure needs shall coincide with the planning horizon used for the remainder of the comprehensive plan.

(ii) Schedule of Improvements: A schedule of capital improvements intended to meet the projected needs for system improvements identified in the comprehensive plan. At a minimum, improvements shall be scheduled over a five-year period, coinciding with the initial Short Term Work Program developed in the comprehensive plan. Thereafter, local governments shall annually update and maintain, at a minimum, a five-year schedule of system improvements within the Capital Improvements Element of their comprehensive plans.

(iii) Description of Funding Sources: A description of anticipated funding sources for each required improvement.

(iv) Designation of Service Areas and Levels of Service: The designation of one or more service areas within the community and the assignment of levels of service for public facilities within each service area. Once assigned to each service area, levels of service shall be used as the basis for calculating impact fees.

2. Policy Statement for Exemptions: Local governments wishing to exempt all or portions of particular development projects from impact fees for the purposes of encouraging economic development and employment growth or affordable housing must include in the comprehensive plan a policy statement supporting such exemptions and must fund system improvements supporting such projects through revenue sources other than development impact fees.

(c) Support: The department will provide municipalities, counties and regional development centers with general guidance regarding the preparation of the required Capital Improvements Element and its incorporation into the comprehensive plan.

(3) Procedural Requirements for Capital Improvements Element (CIE): The following procedural requirements shall apply each time a local government prepares a CIE for one of the categories of public facilities described under O.C.G.A. 36-71-2.

(a) Public Participation: Local governments shall follow the public participation requirements for local plans outlined in Rule 110-3-2-.06, Minimum Procedural Standards.

(b) Submittal of the CIE for Review: CIEs shall be submitted for review in accordance with the local plan submittal requirements outlined in Rule 110-3-2-.06, Minimum Procedural Standards. In the case of a joint CIE, each participating local government must adopt a transmittal resolution submitting the CIE for review.

(c) Regional Development Center Review and Department Approval: CIEs shall be reviewed and approved according to the procedures outlined in Rule 110-3-2-.06, Minimum Procedural Standards, with the exception of a CIE prepared in conjunction with an Interim Plan, which shall be reviewed according to the review procedures outlined in Section 110-3-2-.08.

(d) Local Government Adoption: CIEs shall be adopted in accordance with the procedures outlined in Rule 110-3-2-.06. In the case of a joint CIE, all participating local governments must adopt the CIE in order for each local government to be certified as meeting the CIE requirements.

(e) CIE Amendments: Amendments to an adopted CIE shall follow the procedures for local plan amendments outlined in Rule 110-3-2-.06, Minimum Procedural Standards.

1. These procedures must be followed in order for the local government to:

(i) Redefine growth projections, land use assumptions or community goals that would affect system improvements proposed in the CIE;

(ii) Add new impact fee service areas or change the boundaries of existing impact fee service areas;

(iii) Change service levels established for an existing impact fee service area; or

(iv) Make any other revisions that might have a negative effect or major impact on another jurisdiction or authority.

2. Changes in funding sources, project costs, or dates of construction of projects listed in the Schedule of Improvements shall not be considered to be amendments to the CIE and need not be submitted for review.

(f) CIE Update: Updates to an adopted CIE shall follow the procedures for local plan updates outlined in Rule 110-3-2-.06, Minimum Procedural Standards.

Notes

Ga. Comp. R. & Regs. R. 110-3-2-.07

O.C.G.A. Sec. 36-71-1et seq., 50-8-1et seq.

Original Rule entitled "Development Impact fee Compliance Requirements" adopted. F. Jul. 1, 1991; eff. July 21, 1991. Repealed: New Rule, same title, adopted. F. May 22, 1992; eff. June 11, 1992. Amended: F. Oct. 29, 1992; eff. Nov. 18, 1992.