05 LC 21
8139
House
Bill 637
By:
Representative Lane of the
158th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, the
"Georgia Development Impact Fee Act," so as to provide that a capital
improvement shall have a useful life of five years or more; to provide that
schools shall be classified as public facilities; to provide that development
impact fees may be imposed throughout the jurisdiction or within service areas;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
71 of Title 36 of the Official Code of Georgia Annotated, the "Georgia
Development Impact Fee Act," is amended by striking in its entirety paragraph
(1) of Code Section 36-71-2, relating to definitions, and inserting in lieu
thereof the following:
"(1)
'Capital improvement' means an improvement with a useful life of
ten
five
years or more, by new construction or other action, which increases the service
capacity of a public
facility."
SECTION
2.
Said
chapter is further amended by striking in its entirety paragraph (16) of said
Code Section 36-71-2 and inserting in lieu thereof the following:
"(16)
'Public facilities' means:
(A)
Water supply production, treatment, and distribution facilities;
(B)
Waste-water collection, treatment, and disposal facilities;
(C)
Roads, streets, and bridges, including rights of way, traffic signals,
landscaping, and any local components of state or federal highways;
(D)
Storm-water collection, retention, detention, treatment, and disposal
facilities, flood control facilities, and bank and shore protection and
enhancement improvements;
(E)
Parks, open space, and recreation areas and related facilities;
(F)
Public safety facilities, including police, fire, emergency medical, and rescue
facilities;
and
(G)
Libraries and related
facilities;
and
(H)
Schools and related
facilities."
SECTION
3.
Said
chapter is further amended by striking in its entirety subsection (a) of Code
Section 36-71-3, relating to the imposition of development impact fees, and
inserting in lieu thereof the following:
"(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 provisions of this chapter.
Such fees may
be imposed throughout the jurisdiction or within service
areas. After the transition period
provided in this chapter, development exactions for other than project
improvements shall be imposed by municipalities and counties only by way of
development impact fees imposed pursuant to and in accordance with the
provisions of this
chapter."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.