Gainesville › Unified Land Development Code
Article 15 — Development Impact Fees, Chapter 15-3 — PARK AND RECREATION DEVELOPMENT IMPACT FEES
§ 15-3-1
Imposition of Park and Recreation Development Impact Fee
(a)Any person who, after the effective date of this Article, seeks to develop land within the City of Gainesville, Georgia, by applying for a residential building permit is hereby required to pay a park and recreation development impact fee in the manner and amount set forth in this Article.
(b)No building permit for any activity requiring payment of a development impact fee pursuant to Section 15-3-2 of this Article shall be issued unless and until the park and recreation development impact fee hereby required has been paid.
§ 15-3-2
Computation of the Amount of Park and Recreation
Development Impact Fee At the option of the applicant, the amount of the park and recreation development impact fee may be determined by the following fee schedule.
Park and Recreation Impact Fee Cost per Dwelling $1,400 If a building permit is requested for mixed uses, then the fee shall be determined through using the above schedule by apportioning the space committed to uses specified on the schedule.
§ 15-3-3
Park and Recreation Service Area Established
There is hereby established one Park and Recreation Development Impact Fee Service Area, which shall be the entire incorporated area of the City of Gainesville.
§ 15-3-4
Park and Recreation Development Impact Fee Trust Fund
Established
(a)There is hereby established one Park and Recreation Development Impact Fee Trust Fund, which shall be an interest bearing account, for the Park and Recreation Development Impact Fee Service Area established by Section 15-3-3 of this Article.
(b)All park and recreation development impact fees collected shall be promptly deposited in the Park and Recreation Development Impact Fee Trust Fund and maintained there, including interest thereon, until withdrawn pursuant to this Article.
(c)Funds withdrawn from this account must be used in accordance with the provisions of Section 15-3-5 of this Article.
§ 15-3-5
Use of Funds
(a)Funds collected from park and recreation development impact fees shall be used solely for the purpose of acquiring and/or making capital improvements to park and recreation facilities under the jurisdiction of the City of Gainesville, Hall County, or the State of Georgia, and related expenses as permitted by the Georgia Development Impact Fee Act, and shall not be used for maintenance or operations.
(b)Funds shall be used exclusively for acquisitions, expansions, or capital improvements within the Park and Recreation Development Impact Fee Service Area from which the funds were collected.
(c)In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which park and recreation development impact fees may be expended, development impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in subsections (a) and (b) above.
(d)In the event a developer enters into an agreement with the City to construct, fund or contribute system improvements such that the amount of the credit created by such construction, funding or contribution is in excess of the development impact fee otherwise due, the developer shall be reimbursed for such excess construction funding or contribution from development impact fees paid by other development located in the service area which is benefited by such improvements.
(e)Funds may be used to provide refunds as described in Section 15-1-12 of this Article.
(f)Funds shall be considered expended on a first in, first out basis.
§ 15-3-6
Credits
(a)Park and recreation land and/or capital improvements may be offered by the applicant as partial payment of the required development impact fee. The applicant must request a park and recreation development impact fee credit. If the Impact Fee Administrator accepts such an offer, the credit shall be determined and provided in the manner described in Section 15-1-14 of this Article.
(b)An applicant may apply for credit against park and recreation development impact fees otherwise due for private park and/or recreation facilities. In no circumstance shall credit for private park and/or recreation facilities exceed 50% of the park and recreation development impact fees otherwise due. An applicant requesting credit must show that:
(1)The private park and/or recreation facility for which credit is sought serves a public recreational need; and
(2)The private park and/or recreation facility for which credit is sought is consistent with the Park and Recreation Capital Improvement Element of the City of Gainesville’s Comprehensive Plan; and
(3)The request complies with the security provisions set forth in this Section.