The board of commissioners of Butts County, Georgia, 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, O.C.G.A. §§ 36-71-1 through 36-71-13, has authorized the county to enact development impact fees.

(b)

The county established a development impact fee advisory committee pursuant to the Georgia Development Impact Fee Act, O.C.G.A. § 36-71-5, and that committee has served in an advisory capacity and assisted and advised the county with regard to the development and adoption of this development impact fee ordinance.

(c)

The Butts County Comprehensive Plan contains within it Land Use Assumptions, a Capital Improvements Element, and the establishment of level of service standards for capital facilities for the planning horizon to 2027; and the Butts County Comprehensive Plan, including the Amendment to Include a Capital Improvement Element, has been submitted to the McIntosh Trail Regional Development Center and has been 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)

Butts County must expand its capital facilities in order to maintain level of service standards established in the Butts County Comprehensive Plan if new development is to be accommodated without decreasing current standards. This must be done in order to promote and protect the health, safety, morals, convenience, order, prosperity, and the general welfare of Butts County, 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 ordinance will create a need for the construction, equipping, or expansion of Butts County's capital facilities.

(g)

The fees established by this ordinance are derived from, are based upon, and do not exceed a proportionate share of the costs of providing additional facilities necessitated by the new land developments for which the fees are levied.

(a)

This ordinance shall be known and may be cited as the "The Butts County Development Impact Fee Ordinance."

(b)

This ordinance shall apply throughout the unincorporated area of Butts County. Butts County may also collect a development impact fee in one or more municipalities in Butts County if agreed to by an intergovernmental agreement between Butts County and a municipality as provided by law.

(a)

This ordinance is intended to implement and be consistent with the Butts County Comprehensive Plan last adopted on August 25, 2008, and as it may be amended from time to time, and in accordance with Title 36, Chapter 70 of the Official Code of Georgia annotated and pursuant to the minimum standards and procedures established by the Georgia Department of Community Affairs.

(b)

The purpose of this ordinance 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 certain specified facilities and services in Butts County.

(c)

This ordinance is intended to comply fully with each and every relevant provision of the Georgia Development Impact Fee Act, O.C.G.A. §§ 36-71-1 through 36-71-13, and shall be interpreted and implemented to so comply.

(d)

Nothing in this ordinance shall be deemed to prevent or prohibit private development agreements between property owners or developers and Butts County Board of Commissioners.

(a)

The provisions of this ordinance 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 Butts County, Georgia.

(b)

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

(1)

In case of any difference of meaning or implication between the text of this ordinance and any caption, illustration, summary table, or illustrative table, the text shall control.

(2)

The word "shall" is 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 or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either ? or," the conjunction shall be interpreted as follows:

a.

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

b.

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

c.

"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.

(8)

"Impact fee administrator" means the county official designated by the Butts County Board of Commissioners to carry out the administration of this ordinance, and unless otherwise designated shall be the county administrator of Butts County.

(9)

Any road right-of-way used to define the roads impact district boundaries shall be considered to be within any district it bonds for purposes of using impact fee funds.

(a)

Any person who, after the effective date of this ordinance, seeks to develop land within the unincorporated area of Butts County, Georgia, by applying for a building permit, is hereby required to pay development impact fees in the manner and amount set forth in this ordinance.

(b)

No new building permit for any activity requiring payment of a development impact fee pursuant to this ordinance shall be issued unless and until the development impact fee amount as determined by the impact fee administrator has been paid.

(a)

The amount of the development impact fees shall be determined by the following fee schedule.

Fee Schedule
Development Impact Fees, Butts County

(1)

If a building permit is requested for mixed uses, then the fee shall be determined through using the above schedules by apportioning the space committed to uses specified on the schedules.

(2)

If the type of development activity that a building permit is applied for is not specified on the above fee schedules, the impact fee administrator shall use the fee applicable to the most nearly comparable type of land use on the above fee schedules.

(b)

If an applicant opts not to have the development impact fee determined according to paragraph (a) of this section, 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 development impact fees based upon the schedules shown in paragraph (a) of this section. 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 board of commissioners by filing a written request with the county administrator within ten calendar days of the impact fee administrator's determination.

(c)

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 fee for a period of 180 days from the date thereof.

(a)

The applicant shall pay the development impact fee required by this ordinance to the impact fee administrator or his/her designee prior to the issuance of a building permit. However, for an industrial building on property zoned for industrial purposes and where such building has no less than 1,000,000 square feet of enclosed, heated and air-conditioned space, the impact fee administrator or his/her designee may accept from the applicant no less than 50 percent of the total required impact fees at the issuance of the building permit for such building and shall collect the balance of the required impact fee due prior to the issuance of a certificate of occupancy for such building or within 12 months from the issuance of the building permit, whichever occurs first.

(b)

All funds collected shall be properly identified by and promptly transferred for deposit in the development impact fee trust fund established for each fee charged by this ordinance, to be held in separate accounts as determined in this ordinance and used solely for the purposes specified in this ordinance.

(Ord. of 1-24-2022, § 1)

(a)

There is hereby established a service area for Butts County road facilities which shall be the entirety of Butts County; provided, however, that Butts County shall not charge and collect impact fees for development inside an incorporated area of Butts County within the services area, except by intergovernmental agreement with the municipality as provided by law.

(b)

There is hereby established a service area for Butts County sheriff/court/jail (public safety) facilities which shall be the entirety of Butts County; provided, however, that Butts County shall not charge and collect impact fees for development inside an incorporated area of Butts County within the service area, except by intergovernmental agreement with the municipality as provided by law.

(c)

There is hereby established a service area for Butts County fire protection and emergency medical services (public safety) which shall be the unincorporated area of Butts County and the City of Jenkinsburg; provided, however, that Butts County shall not charge and collect impact fees for development inside the incorporated area of the City of Jenkinsburg, except by intergovernmental agreement with the City of Jenkinsburg as provided by law.

(d)

There is hereby established a service area for Butts County library facilities which shall be the entirety of Butts County; provided, however, that Butts County shall not charge and collect impact fees for development inside an incorporated area of Butts County within the service area, except by intergovernmental agreement with the municipality as provided by law.

(e)

There is hereby established a service area for Butts County parks and recreation which shall be the entirety of Butts County; provided, however, that Butts County shall not charge and collect impact fees for development inside an incorporated area of Butts County within the service area, except by intergovernmental agreement with the municipality as provided by law.

(a)

There is hereby established one county road development impact trust fund for the county road system service area established in this ordinance.

(b)

There is hereby established one sheriff/court/jail (public safety) development impact fee trust fund for the sheriff/court/jail (public safety) service area established in this ordinance.

(c)

There is hereby established one fire protection and emergency medical services (public safety) development impact fee trust fund for the fire protection and emergency medical services (public safety) service area established in this ordinance.

(d)

There is hereby established one library development impact fee trust fund for the library service area established in this ordinance.

(e)

There is hereby established one parks and recreation development impact fee trust fund for the parks and recreation service area established in this ordinance.

(f)

Development impact fees placed in these funds shall be maintained in interest bearing accounts.

(g)

All impact fees collected shall be promptly deposited in the trust fund established for that purpose and maintained there, including interest thereon, until withdrawn pursuant to this ordinance.

(h)

Funds withdrawn from these accounts must be used in accordance with the provisions of section 7.01.10 of this ordinance.

(a)

Funds collected from sheriff/court/jail development impact fees shall be used solely for the purpose of acquiring, equipping, and/or making capital improvements to sheriff, court, and jail facilities under the jurisdiction of Butts County, and related expenses as permitted by the Georgia Development Impact Fee Act, and shall not be used for maintenance or operations.

(b)

Funds collected from fire department and emergency medical services (public safety) development impact fees shall be used solely for the purpose of acquiring, equipping, and/or making capital improvements to fire department and emergency medical (public safety) facilities under the jurisdiction of Butts County, and related expenses as permitted by the Georgia Development Impact Fee Act, and shall not be used for maintenance or operations.

(c)

Funds collected from library development impact fees shall be used solely for the purpose of acquiring, equipping, and/or making capital improvements to library facilities under the jurisdiction of Butts County, and related expenses as permitted by the Georgia Development Impact Fee Act, and shall not be used for maintenance or operations.

(d)

Funds collected from parks and recreation development impact fees shall be used solely for the purpose of acquiring, equipping, and/or making capital improvements to parks and recreation facilities under the jurisdiction of Butts County, and related expenses as permitted by the Georgia Development Impact Fee Act, and shall not be used for maintenance or operations.

(e)

Funds shall be used exclusively for acquisitions, expansions, or road capital improvements within the development impact fee service area from which the funds were collected.

(f)

In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which 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 this section.

(g)

In the event a developer enters into an agreement with the county 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.

(h)

At least once each fiscal period the impact fee administrator shall present to the board of commissioners a report describing the amount of development impact fees collected, encumbered and used, and a proposed capital improvement program for capital facilities that are the subject of this ordinance, assigning funds, including any accrued interest, from the development impact fee trust funds to specific improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the appropriate development impact fee trust fund until the next fiscal period except as provided by the refund provisions of this ordinance.

(i)

Funds may be used to provide refunds as described in section 7.01.11.

(j)

Funds shall be considered expended on a first in, first out basis.

(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 county shall retain three percent of the fee 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 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 in interest.

(c)

If funds not expended or encumbered following six years from the date the police protection 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, provided that the feepayor submits an application for the 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.

(a)

The following shall be exempted from payment of the development impact fee:

(1)

Alterations, repairs or expansion of an existing one or two-family dwelling.

(2)

The construction of accessory buildings or structures.

(3)

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

(4)

Upon the expiration of a lawfully issued building permit, the person or entity to whom the permit was issued shall have a period of 30 days, as measured from the date that official written notice of the expiration was provided, within which to renew the building permit without payment of any fees otherwise due under the impact fee ordinance. If a building permit is renewed or issued after the expiration of said 30-day period, then all fees due under the impact fee ordinance must be paid as a condition of the issuance of the building permit.

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.

(b)

Credits.

(1)

Land and/or capital improvements may be offered by the applicant as total or partial payment of one or more of the required development impact fees. The applicant must request a development impact fee credit. If the impact fee administrator accepts such an offer, the credit shall be determined and provided in the following manner:

a.

Credit for the dedication of land shall be valued at:

1.

One hundred fifteen percent of the most recent assessed value by the property appraiser; or

2.

By fair market value established by private appraisers acceptable to the county. Credit for the dedication of land shall be provided when the property has been conveyed at no charge to, and accepted by, the county in a manner satisfactory to the impact fee administrator.

b.

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.

c.

Except as provided in subparagraph d., credit against development impact fees otherwise due will not be provided until:

1.

The construction is completed and accepted by the county; and

2.

A suitable maintenance and warranty bond is received and approved by the impact fee administrator, when applicable.

d.

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 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 ten percent compounded, for each year of the life of the security.

(2)

In no circumstance shall credit for private park and/or recreation facilities exceed 50 percent of the park and recreation development impact fees otherwise due. An applicant requesting credit must show that:

a.

The private park and/or recreation facility for which credit is sought serves a public recreational need; and

b.

The private park and/or recreation facility for which credit is sought is consistent with the Capital Improvement Element of Butts County's Comprehensive Plan.

(3)

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.

(4)

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

(c)

Upon application, the board of commissioners may exempt all or part of a particular development project from development impact fees if the board finds that the following conditions are met:

(1)

Such project is determined to create extraordinary economic development and employment growth or affordable housing;

(2)

The public policy which supports the exemption is contained within the Butts County Comprehensive Plan; and,

(3)

The exempt development project's proportionate share of the system improvement is funded through a revenue source other than development impact fees.

(a)

Any applicant or feepayor aggrieved by a decision of the impact fee administrator made pursuant to this ordinance shall have the right to appeal to the Butts County Board of Commissioners. 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 therefor. The impact fee administrator shall forthwith transmit to the Butts County Board of Commissioners all papers constituting the record upon which the action appealed from is taken. The Butts County Board of Commissioners 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 taking 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 estopped 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.

The fees contained in this ordinance shall be reviewed by the Butts County Board of Commissioners at least once every two years.