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Article 15 — Development Impact Fees, Chapter 15-1 — GENERAL PROVISIONS

current as of 2025-12-16verified current · checked 2026-08-24Officialofficial source ↗19 sections · full chapter

§ 15-1-1

Legislative Findings

The City Council of the City of Gainesville has considered the feasibility of imposing development impact fees and finds, determines, and declares that:

(a)The Georgia Legislature, through the enactment of the Georgia Development Impact Fee Act, Georgia Code Title 36-71-1 through 36-71-13, has authorized the City of Gainesville to enact development impact fees;

(b)The City of Gainesville established a Development Impact Fee Advisory Committee pursuant to the Georgia Development Impact Fee Act, Georgia Code Title 36-71-5, and that Committee has served in an advisory capacity and assisted and advised the City of Gainesville with regard to the development and adoption of this development impact fee ordinance;

(c)The City of Gainesville Comprehensive Plan contains within it Land Use Assumptions, a Capital Improvement Element for Public Safety and Parks and Recreation Impact Fees, and the establishment of a level of service standard for public safety and park and recreation capital facilities for the planning horizon to 2026; and the City of Gainesville Comprehensive Plan, including the amendment to include a Capital Improvement Element for Public Safety and Parks and Recreation Impact Fees, has been submitted to the Georgia Mountains Regional Development Center and determined by the Georgia Department of Community Affairs to be in compliance with the rules of the Georgia Department of Community Affairs, Chapter 110-12-2, Development Impact Fee Compliance Requirements;

(d)The City of Gainesville must expand its public safety and parks and recreation capital facilities to maintain the current level of service established in the City of Gainesville Comprehensive Plan if new development is to be accommodated without decreasing its adopted level of service standards. This must be done to promote and protect the health, safety, morals, convenience, order, prosperity, and the general welfare of the City of Gainesville, Georgia;

(e)The imposition of development impact fees is a preferred method of ensuring the availability of capital facilities necessary to accommodate new development;

(f)Each of the types of land development described in this Article will create a need for the construction, equipping, or expansion of the City of Gainesville’s public safety and park and recreation capital facilities;

(g)The fees established by this Article are derived from, are based upon, and do not exceed a proportionate share of the costs of providing additional public safety and parks and recreation facilities necessitated by the new land developments for which the fees are levied;

(h)The report entitled "A Report on Public Safety and Park & Recreational Development Impact Fees Prepared for Gainesville, Georgia," dated March 1, 2006, and revised June 4, 2006, sets forth a reasonable methodology and analysis for the determination of the development impact of new development on the need for and costs for additional public safety and parks and recreation improvements in the City of Gainesville.

§ 15-1-2

Short Title and Applicability

(a)This Article shall be known and may be cited as the City of Gainesville Development Impact Fee Ordinance.

(b)This Article shall apply throughout the incorporated area of the City of Gainesville.

§ 15-1-3

Intents and Purposes

(a)This Article is intended to assist in the implementation of the City of Gainesville’s Comprehensive Plan.

(b)The purpose of this Article is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide public safety and parks and recreation in the City of Gainesville.

(c)This Article is intended to comply fully with each and every relevant provision of the Georgia Development Impact Fee Act, Georgia Code Title 36-71-1 through 36-71-13, and shall be interpreted and implemented to so comply.

§ 15-1-4

Rules of Construction

The following provisions regarding interpretation are hereby adopted and shall be applied to this Article. Where the provisions of this Section conflict with interpretations specified in Chapter 2-1 of this Unified Land Development Code, the rules of construction of this Section shall control, unless the context clearly indicates otherwise.

(a)The provisions of this Article shall be liberally construed so as to effectively carry out its purpose to promote and protect the health, safety, morals, convenience, order, prosperity, and the general welfare of the City of Gainesville, Georgia;

(b)For the purposes of administration and enforcement of this Article, unless otherwise stated in this Article, the following rules of construction shall apply to the text of this Article:

(1)In 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.

(2)The words "shall" or “must” are always mandatory and not discretionary; the word "may" is permissive.

(3)Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(4)The phrase "used for" includes "arranged for", "designed for", "maintained for", or "occupied for".

(5)The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

(6)Unless the context clearly indicates the contrary, where a regulation involves two

(2)or more items, conditions, provisions, or events connected by the conjunction "and", "or" or "either...or", the conjunction shall be interpreted as follows:

i."And" indicates that all the connected terms, conditions, provisions or events shall apply.

ii."Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

iii.“Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(7)The word "includes" 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.

§ 15-1-5

Definitions

The following definitions are hereby adopted and shall be applied to this Article. Where the definitions of this Section conflict with terms defined in Chapter 2-2 of this Unified Land Development Code, the definitions of this Section shall control, unless the context clearly indicates otherwise.

Applicant. A person applying for the issuance of a building permit.

Building permit. The approval issued by the City of Gainesville that authorizes the construction or permanent placement of a building, dwelling or other structure on a site.

Capital equipment. Buildings, vehicles, weapons, and communications equipment, all with an expected use life of ten years or more.

Capital improvement. 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.

Developer. Any person or legal entity undertaking development.

Development. Any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any change in the use of land, any of which creates additional demand and need for public safety facilities and parks and recreation facilities.

Development approval. Any written authorization from the City of Gainesville which authorizes the commencement of construction.

Development impact fee. A payment of money imposed upon development as a condition of development approval to pay for a proportionate share of the cost of public improvements needed to serve new growth and development.

Encumber. To legally obligate by contract or otherwise commit to use by appropriation or other official act of the City of Gainesville.

Floor area. Floor area shall have the same meaning as in the Building Code of the City of Gainesville.

Impact Fee Administrator. The City of Gainesville Director of Community and Economic Development or their designee.

Present value. The current value of past, present, or future payments, contributions or dedications of goods, services, materials, construction, or money.

Project. A particular development on an identified parcel of land.

Project improvements. 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.

Proportionate share. That portion of the cost of system improvements which is reasonably related to the service demands and needs of the project.

Service area. A geographic area defined by the City of Gainesville in which a defined set of public facilities provide service to development within the area. Service areas shall be designated on the basis of sound planning or engineering principles or both.

System improvement costs. Costs incurred to provide additional public facilities capacity needed to serve growth and development for planning, design and construction, land acquisition, land improvement, design and engineering related thereto, including the cost of constructing or reconstructing system improvements or facility expansions, including but not limited to 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 improvement element, and administrative costs, if so authorized in this Article, provided that such administrative costs shall not exceed 3% of the total amount of development impact fee receipts. Projected interest charges and other finance costs may be included if the development impact fees are to be used for the payment of principal and interest on bonds, notes, or other financial obligations issued by or on behalf of the municipality or county to finance the capital improvements element but such costs do not include routine and periodic maintenance expenditures, personnel training, and other operating costs.

System improvements. Capital improvements that are public facilities and are designed to provide service to the community at large, in contrast to “project improvements.”

§ 15-1-6

Individual Fee Calculation Study

If an applicant opts not to have the development impact fee determined according Section 15-2-2 for public safety facilities or Section 15-3-2 for park and recreation facilities, then the applicant shall prepare and submit to the Impact Fee Administrator an independent fee calculation study for the land development activity for which a building permit is sought. The documentation submitted shall show the basis upon which the independent fee calculation was made. The Impact Fee Administrator shall consider the documentation submitted by the applicant but is not required to accept such documentation as he/she shall reasonably deem to be inaccurate or not reliable and may, in the alternative, require the applicant to submit additional or different documentation for consideration. If an acceptable independent fee calculation study is not presented, the applicant shall pay the development impact fees based upon the schedule shown in Section 15-2-2 and Section 15-3-2, as applicable. If an acceptable independent fee calculation study is presented, the Impact Fee Administrator may adjust the fee to that appropriate to the particular development. Determinations made by the Impact Fee Administrator pursuant to this paragraph may be appealed to the Mayor and City Council in accordance with Section 15-1-15 of this Chapter.

§ 15-1-7

Certification of Fee Schedule or Fee

On the request of an applicant, the Impact Fee Administrator shall certify the development impact fee schedules or development impact fees resulting from an individual assessment, whichever is applicable, and said certification shall establish the applicable development impact fees for a period of 180 days from the date thereof.

§ 15-1-8

Payment of Fee

The applicant shall pay the development impact fee(s) required by this Article to the Impact Fee Administrator or his/her designee prior to the issuance of a building permit.

§ 15-1-9

Administrative Fee

An administrative fee of 3% shall be levied against the total development impact fee due prior to the issuance of a building permit.

§ 15-1-10

Deposit of Fees in Appropriate Account

(a)All public safety impact fee funds collected shall be properly identified by and promptly transferred for deposit in the Public Safety Development Impact Fee Trust Funds of the City of Gainesville, which shall be interest bearing accounts, to be held in separate accounts as established in Section 15-2-4 of this Article and used solely for the purposes specified in this Article.

(b)All parks and recreation impact fee funds collected shall be properly identified by and promptly transferred for deposit in the Park and Recreation Development Impact Fee Trust Fund of the City of Gainesville, as established in Section 15-3-4 of this Article which shall be an interest bearing account, and used solely for the purposes specified in this Article.

§ 15-1-11

Report by Administrator

At least once each fiscal period the Impact Fee Administrator shall present to the City Council a report describing the amount of development impact fees collected, encumbered and used, and a proposed capital improvement program for public safety and parks and recreation, assigning funds, including any accrued interest, from the Public Safety Development Impact Fee Trust Funds to specific police facility and fire protection facility improvement projects and related expenses, and from the Park and Recreation Impact Fee Trust Funds to specific park and recreation facility improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the respective Impact Fee Trust Fund until the next fiscal period except as provided by the refund provisions of this Article.

§ 15-1-12

Refund of Fees Paid

(a)If a building permit expires without commencement of construction, then the Feepayor shall be entitled to a refund, without interest, of the development impact fee paid as a condition for its issuance except that the City shall retain 3% of the fee, if so authorized and collected, to offset a portion of the costs of collection and refund.

The Feepayor must submit an application for such a refund to the Impact Fee Administrator within 30 days of the expiration of the permit.

(b)In the event that development impact fees have not been expended or encumbered by the end of the calendar quarter immediately following six years from the date the development impact fee was paid, the Impact Fee Administrator shall provide written notice of entitlement to a refund to feepayors or their successors with interest.

(c)If funds are not expended or encumbered by the end of the calendar quarter immediately following six years from the date the development impact fee was paid, upon application of the then current landowner, they must be returned to such feepayor with interest that is a pro rata share of the interest earned by the fund. A feepayor must submit an application for a refund to the Impact Fee Administrator within one year of the expiration of the six year period or the publication of the notice of entitlement, whichever is later. Refunds shall be made to the feepayor within 60 days after it is determined that a sufficient proof of claim for a refund has been made.

§ 15-1-13

Exemptions

The following shall be exempted from payment of development impact fees:

(a)Alterations or expansion of an existing building where use and size are not changed.

(b)Additions to an existing dwelling unit.

(c)The construction of accessory buildings or structures.

(d)The replacement of a building or structure with a new building or structure of the same size and use.

Any claim of exemption must be made no later than the time of application for a building permit.

Any claim not so made shall be deemed waived.

§ 15-1-14

Credits Generally

(a)This Section shall apply when a credit is considered or approved by the Impact Fee Administrator pursuant to Section 15-2-6 and Section 15-3-6 of this Article.

(b)Credit for the dedication of land shall be valued at: 115% of the most recent assessed value by the Property Appraiser, or by fair market value established by private appraisers acceptable to the City. Credit for the dedication of land for facilities shall be provided when the property has been conveyed at no charge to, and accepted by, the City in a manner satisfactory to the Impact Fee Administrator.

(c)Applicants for credit for construction of improvements shall submit acceptable engineering drawings and specifications, and construction cost estimates to the Impact Fee Administrator. The Impact Fee Administrator shall determine credit for construction based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the Impact Fee Administrator determines that such estimates submitted by the applicant are either unreliable or inaccurate. The Impact Fee Administrator shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate and return such signed document to the Impact Fee Administrator before credit will be given. The failure of the applicant to sign, date, and return such document within 60 days shall nullify the credit.

(d)Except as provided in paragraph (e) of this Section, credit against development impact fees otherwise due will not be provided until: the construction is completed and accepted by the City, the County, or the State, whichever is applicable; and a suitable maintenance and warranty bond is received and approved by the Impact Fee Administrator, when applicable.

(e)Credit may be provided before completion of specified improvements if adequate assurances are given by the applicant that the standards set out above will be met and if the applicant posts security as provided below for the costs of such construction. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with and approved by the Impact Fee Administrator in an amount determined by the Impact Fee Administrator. If the public facility construction project will not be constructed within one year of the acceptance of the offer by the Impact Fee Administrator, the amount of the security shall be increased by 10% compounded, for each year of the life of the security.

(1)Any claim for credit must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived.

(2)Credits shall not be transferable from one project or development to another unless so provided in a development impact fee credit agreement.

§ 15-1-15

Appeals

(a)Any Applicant or Feepayor aggrieved by a decision of the Impact Fee Administrator made pursuant to this Article shall have the right to appeal to the Mayor and City Council. Prior to any such appeal the aggrieved Applicant or Feepayor shall file a request for reconsideration with the Impact Fee Administrator who shall act upon such request within 15 days.

(b)All appeals shall be taken within 15 days of the Impact Fee Administrator’s decision on the request for reconsideration by filing with the Impact Fee Administrator a notice of appeal specifying the grounds therefore. The Impact Fee Administrator shall forthwith transmit to the Mayor and City Council all papers constituting the record upon which the action appealed from is taken. The Mayor and City Council shall thereafter establish a reasonable date and time for a hearing on the appeal, give due notice thereof, and decide the same within a reasonable period of time following the hearing. Any Applicant or Feepayor making an appeal shall have the right to appear at the hearing, to present evidence and may be represented by counsel.

(c)An Applicant may pay a Development Impact Fee under protest to obtain a building permit and by making such payment shall not be stopped from;

(1)Exercising the right of appeal provided for in this Section; or

(2)Receiving a refund of any amount deemed to have been illegally collected.

§ 15-1-16

Review and Automatic Update of Fee Schedules

(a)The development fee schedules contained in this Article should be reviewed by the Impact Fee Administrator at least once every two years.

(b)Unless otherwise directed by the governing body of the City of Gainesville, Georgia, the Impact Fee Administrator should at least once every two years recommend to the governing body of the City of Gainesville, Georgia the amendment of the development impact fee schedules established in this Article based on the methodology described in paragraphs (c) and (d) of this Section.

(c)The base for computing any adjustment is the January Construction Cost Index for the United States, published by McGraw-Hill. For the purpose of this Section the initial index to be referenced is January of the last year when the impact fees were updated with cost or demographic data.

(d)If the index is changed so that the base year is different, the index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the Construction Cost Index is discontinued or revised, the Consumer Price Index or such other index or computation with which it is replaced shall be used to obtain substantially the same result as would be obtained if the Construction Cost Index had not been discontinued or revised.

§ 15-1-17

Penalty Provision

A violation of this Article shall be prosecuted in the same manner as specified in Chapter 20-2 of this Unified Land Development Code. Upon conviction, the violator shall be punishable according to law; however, in addition to or in lieu of any criminal prosecution the City of Gainesville shall have the power to sue in civil court to enforce the provisions of this Article.

§ 15-1-18

Severability

If any section, phrase, sentence or portion of this Article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof of this Article or this Unified Land Development Code.

§ 15-1-19

Repealer

Any ordinances covering the subject matter contained in this Article are hereby repealed, and all ordinances or parts of ordinances inconsistent with the provisions of this Article are hereby repealed.