HomeMy WebLinkAboutOrdinances 24-08-560 - 08/05/2024 - Capital Improvements Elements CIE AdoptionSTATE OF GEOR GI A
COUNTY OF FULTON
ORDINAN C E NO. J.._ tf-0 <g -o /p 0
AN ORDINANCE TO AMEND C HAPTER 25 , "IMPACT FEES " OF THE CITY OF
MI LTON , GEORGIA
BE IT ORD A INED by the City Council of the City of Milton, GA while in a regularly called
council meeting on August 5, 2024, at 6:00 p.m . as follows :
SE CT ION 1. That Chapter 25 of the Code of the City of M ilt on, Georgia is
amended includ ing the Impact Fee Schedule as shown in Exhibit "A", a tt ached
hereto as if fully set forth herein and;
SE CTI ON 2. All ordinances, parts of ordinances, or regulations in conflict
herewith are repealed.
SE CTION 3. That this Ordinance shall become effective upon its adopt ion.
ORDAIN ED t his the 5th day of Augus t 2024 .
Attest:
PROPOSED AMENDMENTS 7/30/24
Milton Impact Fee Ordinance i
IMPACT FEES
Sec. 25-1. - Short title, authority, and applicability. ....................................................................... 1
(a) Short title. ...............................................................................................................................1
(b) Authority. ...............................................................................................................................1
(c) Applicability. ...........................................................................................................................1
Sec. 25-2. - Findings, purpose, and intent. ..................................................................................... 1
(a) Findings. .................................................................................................................................1
(b) Purpose...................................................................................................................................2
(c) Intent. .....................................................................................................................................2
Sec. 25-3. - Rules of construction and definitions. ......................................................................... 2
(a) Rules of construction. ............................................................................................................2
(b) Definitions. .............................................................................................................................3
Sec. 25-4. - Imposition of development impact fees. ..................................................................... 7
(a) Construction not subject to impact fees. ...............................................................................7
(b) Grandfathered projects. .........................................................................................................7
(c) Method of calculation. ...........................................................................................................8
(d) Service areas...........................................................................................................................9
Sec. 25-5. - Fee assessment and payment...................................................................................... 9
(a) Fee schedule. ..........................................................................................................................9
(b) Timing of assessment and payment. ......................................................................................9
(c) Individual assessment determinations. ...............................................................................10
(d) Fee certification. ...................................................................................................................11
Sec. 25-6. - Exemptions. .............................................................................................................. 12
(a) Exemption policy. .................................................................................................................12
(b) Process for exemption approval. .........................................................................................12
(c) Exemption criteria. ...............................................................................................................12
(d) Reimbursement to impact fee fund. ....................................................................................13
Sec. 25-7. - Deposit and expenditure of fees. .............................................................................. 13
(a) Maintenance of funds. .........................................................................................................13
(b) Expenditures; restrictions. ...................................................................................................14
(c) Annual report. ......................................................................................................................15
Milton Impact Fee Ordinance ii
Sec. 25-8. - Credits. ..................................................................................................................... 15
(a) Credits; restrictions. .............................................................................................................15
(b) Granting of credits................................................................................................................15
(c) Guidelines for credit valuation. ............................................................................................16
(d) Credits; application. .............................................................................................................17
(e) Credits; abandoned building permits. ..................................................................................17
Sec. 25-9. - Refunds. ................................................................................................................... 17
(a) Eligibility for a refund. ..........................................................................................................17
(b) Notice of entitlement to a refund. .......................................................................................18
(c) Filing a request for a refund. ................................................................................................18
(d) Payment of refunds. .............................................................................................................18
Sec. 25-10. - Private contractual agreements. ............................................................................. 18
(a) Private agreements; authorized. ..........................................................................................18
(b) Private agreements; provisions. ...........................................................................................19
(c) Private agreements; procedure. ..........................................................................................19
Sec. 25-11. - Periodic review and amendments. .......................................................................... 20
(a) Ordinance amendments. ......................................................................................................20
(b) Capital improvements element periodic review..................................................................21
(c) Continuation of validity. .......................................................................................................21
Sec. 25-12. - Administrative appeals. .......................................................................................... 21
(a) Eligibility to file an appeal. ...................................................................................................21
(b) Appeals process. ...................................................................................................................22
(c) Payment of impact fee during appeal. .................................................................................22
Sec. 25-13. - Enforcement and penalties. .................................................................................... 23
(a) Enforcement authority. ........................................................................................................23
(b) Violations. .............................................................................................................................23
Sec. 25-14. - Repealer, severability, and effective date. ............................................................... 24
(a) Repeal of conflicting laws. ....................................................................................................24
(b) Severability. ..........................................................................................................................24
(c) Incorporation by reference of Georgia law. .........................................................................24
Attachment A: Impact Fee Schedule ........................................................................................... 25
PROPOSED AMENDMENTS 7/30/24
Milton Impact Fee Ordinance 1
Chapter 25 - IMPACT FEES
Sec. 25-1. - Short title, authority, and applicability.
(a) Short title.
This ordinance shall be known and may be cited as the “Development Impact Fee Ordinance of
Milton, Georgia,” or the “Impact Fee Ordinance.”
(b) Authority.
This ordinance has been prepared and adopted by the City Council of Milton, Georgia, in
accordance with the authority provided by Article 9, Section 2, Paragraph 3 of the Constitution
of the State of Georgia, the Georgia Development Impact Fee Act (O.C.G.A. 36-71-1 et seq. as
amended), and such other laws as may apply to the provision of public facilities and the power
to charge fees for such facilities.
(c) Applicability.
(1) The provisions of this ordinance shall not be construed to limit the power of Milton,
Georgia, to use any other legal methods or powers otherwise available for accomplishing
the purposes set forth herein, either in substitution of or in conjunction with this
ordinance.
(2) This ordinance shall apply to all areas under the regulatory control and authority of
Milton, Georgia, and such other areas as may be included by intergovernmental
agreement.
Sec. 25-2. - Findings, purpose, and intent.
(a) Findings.
The City Council of Milton, Georgia, finds and declares:
(1) That an equitable program for planning and financing public facilities to serve new growth
and development is necessary in order to promote and accommodate orderly growth and
development and to protect the public health, safety, and general welfare of the citizens
of Milton; and
(2) That certain public facilities as herein defined have been and must be further expanded if
new growth and development is to be accommodated at the same level of service
available to existing development; and
(3) That it is fair and equitable that new growth and development shall bear a proportionate
share of the cost of such public facilities necessary to serve new growth and
development.
Milton Impact Fee Ordinance 2
(b) Purpose.
(1) The purpose of this ordinance is to impose impact fees, as hereinafter set forth, for
certain public facilities, as hereinafter defined.
(2) It is also the purpose of this ordinance to ensure that adequate public facilities are
available to serve new growth and development in Milton and to provide that new
growth and development bears a proportionate share of the cost of new public facilities
needed to serve them.
(c) Intent.
This ordinance is intended to implement and be consistent with the City of Milton 2030
Comprehensive Plan Community Agenda, as it has been adopted or may be amended in accord
with the Georgia Comprehensive Planning Act (O.C.G.A. 50-8-1 et seq.); and the applicable
Development Impact Fee Compliance Requirements, as adopted by the Georgia Board of
Community Affairs and amended from time to time.
Sec. 25-3. - Rules of construction and definitions.
The provisions of this ordinance shall be construed so as to effectively carry out its purpose in
the interest of the public health, safety, and general welfare of the citizens of Milton, Georgia.
(a) Rules of construction.
Unless otherwise stated in this ordinance, the following rules of construction shall apply to the
text of this ordinance:
(1) In the case of a conflict between words or phrases as used in this ordinance and as used
in other codes, regulations or laws of the City, such difference shall not affect the
meaning or implication of such words or phrases as used in this ordinance.
(2) In the case of a conflict between the text of this ordinance and any caption, illustration,
summary table or illustrative table, the text shall control.
(3) The word “shall” is always mandatory and not discretionary; the word “may” is
permissive.
(4) 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.
(5) The word “person” includes an individual, a corporation, a partnership, an incorporated
association, or any other legal or similar entity.
(6) The conjunction “and” indicates that all the connected terms, conditions, provisions, or
events shall apply.
(7) The conjunctions “or” and “and/or” indicate that the connected items, conditions,
provisions, or events may apply singly or in any combination.
Milton Impact Fee Ordinance 3
(8) The use of “either … or” indicates that the connected items, conditions, provisions, or
events shall apply singly and not in combination.
(9) The word “includes” or “including” and the phrase “such as” shall not limit a term to the
specific example or examples given but are intended to extend its meaning to all other
instances or circumstances of like kind or character.
(10) The article, section, and paragraph headings and enumerations used in this ordinance are
included solely for convenience and shall not affect the interpretation of this ordinance.
(b) Definitions.
As used in this ordinance, the following terms shall have the meaning set forth below.
Administrator means the director of community development of Milton, Georgia, or the
director’s designee, who is hereby charged with implementation and enforcement of this ordinance.
Annual update report means the annual update to the capital improvements element that
includes an annual financial report for the last completed fiscal year and a schedule of
improvements (i.e., community work program or short-term work program) for the current year
plus the next four years, in accordance with the Development Impact Fee Compliance Requirements
of the Georgia Department of Community Affairs. Also referred to as the “annual CIE update”.
Building permit means the document issued by the city authorizing the new construction,
completion of construction, an interior finish, repair, alteration of or addition to a structure, or
authorizing the installation of a mobile home or recreational vehicle. For the purposes of this
articlechapter, a building permit also means a change of use permit but shall not include permits
required for remodeling, rehabilitation, or other improvements to an existing structure, provided
there is no increase in the demand placed on those public facilities as defined herein.
Capital improvement means 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.
Capital improvements element means that portion of the Milton comprehensive land use plan
that sets out projected needs for system improvements during the planning horizon established
therein, which provides a schedule that will meet the anticipated need for system improvements,
and which provides a description of anticipated funding sources for each required improvement, as
most recently adopted or amended by the City Council.
City means the City of Milton, Georgia, a municipal corporation of the state of Georgia.
City council means the City Council of Milton, Georgia.
Commencement of construction, for private development, means initiation of physical
construction activities as authorized by a development or building permit and leading to completion
of a foundation inspection or other initial inspection and approval by a public official charged with
such duties; and for public projects, means expenditure or encumbrance of any funds, whether they
be development impact fee funds or not, for a public facilities project, or advertising of bids to
undertake a public facilities project.
Milton Impact Fee Ordinance 4
Completion of construction means the issuance of the final certificate of occupancy by a
building inspector charged with such duties. The date of completion is the date on which such a
certificate is issued.
Community Wwork Pprogram means the component of the comprehensive plan that identifies
the specific activities the city plans to undertake during the five years following adoption of the
plan.
Comprehensive plan means the Milton plan or planning elements as adopted or amended in
accord with O.C.G.A. 50-8-1 et seq. and the applicable Minimum Standards and Procedures for Local
Comprehensive Planning as adopted by the Georgia Board ofDepartment of Community Affairs.
Day means a calendar day, unless otherwise specifically identified as a “work” day or other
designation when used in the text.
Developer means any person or legal entity undertaking development.
Development means any action which creates demand on or need for public facilities, as
defined herein, and includes any construction or expansion of a building, structure, or use; any
change in use of land, a building, or structure; or the connection of any building or structure to a
public utility.
Development approval means written authorization, such as issuance of a building permit, land
disturbance permit or other approval for grading or site development, or other forms of official
action required by local law or regulation prior to commencement of construction.
Development impact fee means the payment of money imposed upon and paid by new
development as a condition of development approval as itsto pay for a proportionate share of the
cost of system improvements needed to serve itnew growth and development.
Development impact fee assessment means the determination of the amount of an impact fee
due for issuance of a particular building permit.
Development impact fee collection means the receipt by the city of the amount due for an
impact fee assessed for a particular building permit.
Dwelling unit means one or more rooms constructed with cooking, sleeping and sanitary facilities
designed for and limited to use as living quarters for one family. A dwelling unit may be a single-family
detached home, an apartment or condominium in a multi-family structure, or a manufactured
home.
Encumber means to legally obligate by contract or otherwise commit to use by appropriation
or other official act of the City Council.
Excess capacity means that portion of the capacity of a public facility or system of public
facilities which is beyond that necessary to provide adequate service to existing development at the
adopted level-of-service standard.
Family means one or more persons related by blood, marriage, adoption, guardianship or other
duly authorized custodial relationship, or up to four unrelated persons, occupying a dwelling unit
Milton Impact Fee Ordinance 5
and living as a single housekeeping unit. The term “family” does not include persons occupying a
rooming house, boarding house, lodging house, or a hotel.
Fee assessment: see “Development impact fee; assessment”.
Fee collection: see “Development impact fee; collection”.
Feepayor means that person or entity who pays a development impact fee, or his or her legal
successor in interest when the right or entitlement to any refund of previously paid development
impact fees that are required by this ordinance has been expressly transferred or assigned to the
successor in interest. In the absence of an express transfer or assignment of the right or entitlement
to any refund of previously paid development impact fees, the right or entitlement shall be deemed
"not to run with the land.”
Floor area means the total number of square feet of heated floor space within the exterior
walls of a building. Also referred to as the “gross floor area”.
Individual assessment determination means a finding by the administrator that an individual
assessment study does or does not meet the requirements for such a study as established by this
ordinance or, if the requirements are met, the fee calculated therefrom.
Individual assessment study means the engineering, financial, or economic documentation
prepared by a feepayor or applicant to allow individual determination of a development impact fee
other than by use of the applicable fee schedule.
Level of service means a measure of the relationship between service capacity and service
demand for specified public facilities as established by the City in terms of demand to capacity ratios
or the comfort and convenience of use or service of such public facilities or both.
Present value means the current value of past, present, or future payments, contributions, or
dedications of goods, services, materials, construction, or money, as calculated using methods of
financial analysis acceptable to the Administrator for determination of “net present value.”
Project means a single improvement or set of interrelated improvements undertaken together
within a finite time period at a specific location. With regard to land development, a project may be
identified as those construction activities authorized collectively by a building permit or other
development approval, or for an interrelated collection of buildings and common public facilities
such as a residential subdivision or an office park.
Project improvements means site specific improvements or facilities that are planned,
designed, or built to provide service for a specific development project and that are necessary for
the use and convenience of the occupants or users of that project only, and that are not “system”
improvements. The character of the improvement shall control a determination of whether an
improvement is a “project” improvement or a “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. A project improvement may
provide no more than incidental service or facility capacity to persons other than users or occupants
of the particular project they serve. No improvement or facility included in a plan for public facilities
and approved for public funding by the City shall be considered a project improvement.
Milton Impact Fee Ordinance 6
Property owner means that person or entity that holds legal title to property.
Proportionate share means that portion of the cost of system improvements that is reasonably
and fairly related to the service demands and needs of a project.
Public facilities means: (a) parks, open space, and recreation areas and related facilities; and
(b) public safety facilities, including police, fire and emergency medical and communications
facilities; and (c) roads, streets, and bridges, including rights of way, traffic signals, landscaping, and
any other components of local, state or federal streets or highways.
Regional commission means the Atlanta Regional Commission as designated by the Georgia
Department of Community Affairs.
Service area means a geographically defined area as designated in the capital improvements
element of the comprehensive plan in which a defined set of public facilities provide or are
proposed to provide service to existing or future development.
System improvement costs means costs incurred to provide public facilities capacity to serve
new growth and development, including the costs of planning, design, engineering, construction,
land acquisition, and land improvement for the construction or reconstruction of facility
improvements or expansions. System improvement costs include 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 improvements element, and administrative costs of up to 3
percent of the total of all other system improvement costs. Projected interest charges and other
finance costs may be included if the impact fees are to be used for the payment of principal and
interest on bonds, notes, or other financial obligations issued to finance system improvements, but
such costs do not include routine and periodic maintenance expenditures, personnel training, and
other operating costs.System improvement costs means costs incurred to provide additional public
facilities capacity to serve new growth and development for planning, design and construction, land
acquisition, land improvement, and design and engineering related thereto, including the cost of
constructing or reconstructing system improvements or facility expansions. System improvement
costs include but are 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
improvements element; and administrative costs, provided that such administrative costs shall not
exceed three percent (3%) of the total amount of the costs. Projected interest charges and other
finance costs may be included if the 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 city to finance
the capital improvements element. System improvement costs do not include routine and periodic
maintenance expenditures, personnel training, and other operating costs.
System improvements means capital improvements that are public facilities designed to
provide service to more than one project or to the community at large, in contrast to “project”
improvements.
Milton Impact Fee Ordinance 7
Unit of development means the standard incremental measure of land development activity
for a specific type of land use upon which the rate of demand for public service and facilities is
based, such as a dwelling unit, square foot of floor area, motel room, etc.
Unused or excess impact fee means any individual impact fee payment from which no amount
of money or only a portion thereof has been encumbered or expended according to the
requirements of this ordinance.
Sec. 25-4. - Imposition of development impact fees.
Any person who after the effective date of this ordinance engages in development shall pay a
development impact fee in the manner and amount set forth in this ordinance.
(a) Construction not subject to impact fees.
(1) The following projects and construction activities do not constitute “development” as
defined in this ordinance, and are therefore not subject to the imposition of impact fees:
a. Rebuilding no more than the same number of units of development (as defined in
this ordinance) that were removed by demolition, or destroyed by fire or other
catastrophe, on the same lot or property.
b. Remodeling or repairing a structure that does not result in an increase in the number
of units of development.
c. Replacing a residential housing unit with another housing unit on the same lot or
property.
d. Placing or replacing a manufactured home in a manufactured home park on a
prepared manufactured home pad in existence and operation prior to the effective
date of this ordinance.
e. Placing a temporary construction or sales office on a lot during the period of
construction or build-out of a development project.
f. Constructing an addition to or expansion of a residential dwelling unit that may
increase the floor area or number of rooms but does not increase the number of
housing units.
g. Adding uses that are typically accessory to residential uses and intended for the
personal use of the residents, such as a deck or patio, detached garage or utility
shed, satellite antenna, pet enclosure, or private recreational facilities such as a
swimming pool or tennis court.
(2) A person claiming to be not subject to impact fees under Subsection (a)(1) of this Section,
above, shall submit to the administrator information and documentation sufficient to
permit the administrator to determine whether such claim is correct.
(b) Grandfathered projects.
(1) Notwithstanding any other provision of this ordinance, that portion of a project for which
a valid building permit has been issued prior to the effective date of this ordinance shall
Milton Impact Fee Ordinance 8
not be subject to development impact fees so long as the permit remains valid and
construction is commenced and is pursued according to the terms of the permit.
(2) Any building for which a valid and complete application for a building permit has been
received prior to the effective date of this ordinance may proceed without payment of
fees otherwise imposed by this ordinance, provided that:
a. all fees and development exactions in effect prior to the effective date of this
ordinance shall be or have been paid in full; and,
b. said construction shall be commenced, pursued and completed within the time
established by the building permit, or within 180 days, whichever is later.
(3) Work shall be considered as having commenced on the date of the first required
inspection as determined by the city’s building official.
(4) Work for which a valid permit has been issued shall continue with this status until the
permit expires, at which time the renewal of the permit or the issuance of a new permit
for the same work or additional work on the same property shall incur the applicable
impact fee. Such fee shall be the amount of the increase over the amount previously
paid, if any.
(c) Method of calculation.
(1) Any development impact fee imposed pursuant to this ordinance shall not exceed a
project's proportionate share of the cost of system improvements, and shall be calculated
on the basis of levels of service for public facilities that are the same for existing
development as for new growth and development.
(2) Notwithstanding anything to the contrary in this ordinance, the calculation of impact fees
shall be net of credits for the present value of ad valorem taxes or other revenues as
established in the capital improvements element, and which:
a. are reasonably expected to be generated by new growth and development; and
b. are reasonably expected on the basis of historical funding patterns to be made
available to pay for system improvements of the same category for which an impact
fee is imposed.
(3) The method of calculating impact fees for public facilities under this ordinance shall be
maintained for public inspection as a part of the official records of the City, and may be
amended from time to time by official act of the City Council.
(4) In addition to the cost of new or expanded system improvements needed to be built to
serve new development, the cost basis of a development impact fee may also include the
proportionate cost of existing system improvements to the extent that such public
facilities have excess service capacity and new development will be served by such
facilities, as established in the capital improvements element.
(5) Development impact fees shall be based on actual system improvement costs or
reasonable estimates of such costs, as set forth in the capital improvements element.
Milton Impact Fee Ordinance 9
(d) Service areas.
The city limits of the City of Milton, Georgia, constitute a single service area for all public
facilities subject to impact fees under this ordinance.
Sec. 25-5. - Fee assessment and payment.
(a) Fee schedule.
(1) Payment of a development impact fee pursuant to the fee schedule attached hereto and
incorporated herein as Attachment A, shall constitute full and complete payment of the
project's proportionate share of system improvements as individually levied by the City,
and shall be deemed to be in compliance with the requirements of this ordinance.
(2) When a land development activity for which an application for a building permit has been
made includes two or more buildings, structures or other land uses in any combination,
including two or more uses within a building or structure other than a shopping center,
the total development impact fee shall be the sum of the fees for each and every
building, structure, or use, including each and every use within a building or structure.
Shopping centers shall be assessed a single impact fee, in accordance with Attachment A,
as a single use without regard to its individual tenants.
(3) In the event that an applicant contends that the land use category of the proposed
development is not shown on the fee schedule or fits within a different category, then:
a. The administrator in his or her reasonable discretion shall make a determination as
to the appropriate land use category and the appropriate development impact fee.
b. In making such determination, the administrator may require such additional
information from the applicant as necessary to form a logical fee determination
relative to the land use categories shown on the adopted fee schedule.
c. If the land use of the proposed development is not similar to a land use category
shown on the adopted fee schedule, then an appropriate fee may be determined by
the administrator as an individual assessment in accordance with the individual
assessment determinations section of this ordinance.
d. Appeals from the decision of the administrator shall be made to the City Council in
accordance with the administrative appeals section of this ordinance.
(b) Timing of assessment and payment.
(1) Development impact fees shall be assessed at the time of application for a building
permit.
(2) All development impact fees shall be collected no earlier than at the time of issuance of a
building permit, and no later than as a prerequisite to issuance of an interior finishes
permit or a certificate of completion or occupancy for the building or building shell.
(3) For projects not involving issuance of a building permit, all development impact fees shall
be collected at the time of approval of the development permit or such other
Milton Impact Fee Ordinance 10
authorization to commence construction or to commence use of a property, whichever is
earliest.
(4) If the final use of a building cannot be determined at the time of the initial building
permit, the administrator shall have the authority to assess a development impact fee
based on the most likely use of the building, and shall adjust the fee in accordance with
the following:
a. Prior to the completion of the project, and as a condition to the issuance of an
interior finishes permit or a certificate of occupancy, as applicable, the developer
shall recertify in writing to the administrator the actual land use or uses of the
project, and shall present an architect's certificate of the actual gross square footage
of floor area attributable to each use.
b. In the event that the actual land use or uses and/or the actual gross square footage
applicable to the actual land use or uses differs from that originally certified, and in
the event that the impact fee applicable to the actual land use or uses and/or gross
square footage exceeds the impact fee previously paid, the developer shall be
required to pay the amount of the excess as a condition to the issuance of an interior
finishes permit or a certificate of occupancy.
c. The amount of the excess shall be based upon the impact fee schedule in effect on
the date the interior finishes permit or the certificate of completion or occupancy is
issued.
d. If the actual gross square footage constructed after the issuance of the building
permit is less than the amount originally certified, the developer shall be entitled to a
refund of the excess portion of the fee in accordance with this ordinance.
(5) Notwithstanding any other provision of this ordinance to the contrary, any future change
in demand for public facilities in excess of the average demand anticipated at the time of
issuance of the original building permit shall result in the assessment of such additional
fee as would otherwise have been due. Future changes in demand may result from a
change in the land use category of the occupant of the building or property, the
expansion of a building or use on a property that results in an increase in the units of
development (as defined herein), or the subsequent discovery of facts unknown or
misrepresented at the time of issuance of the original building permit.
(c) Individual assessment determinations.
An individual assessment of development impact fees for a particular property or proposed
use may be established as follows:
(1) At their option, an applicant for development approval may petition the administrator for
an individual assessment determination of development impact fees due for their project
in lieu of the fee established on the fee schedule attached hereto and incorporated
herein as Attachment A.
(2) In the event that an applicant elects an individual assessment, the applicant shall submit
an individual assessment study. The individual assessment study shall:
Milton Impact Fee Ordinance 11
a. be based on relevant and credible information from an accepted standard source of
engineering or planning data; or,
b. be based on actual, relevant, and credible studies or surveys of facility demand
conducted in the City or its region, carried out by qualified engineers or planners
pursuant to accepted methodology.
c. Provide any other written specifications as may be reasonably required by the
administrator to substantiate the individual assessment determination.
(3) The applicant shall provide any other written specifications as may be reasonably
required by the administrator to substantiate the individual assessment determination.
(4) The administrator in his or her reasonable discretion shall determine whether the content
of an individual assessment study satisfies the requirements of this ordinance. A negative
determination by the administrator may be appealed to the City Council in accordance
with the administrative appeals section of this ordinance.
(5) Any fee approved as an individual assessment determination shall have standing for 180
days following the date of approval. Payment of such an approved individual assessment
determination shall constitute full and complete payment of the project's proportionate
share of system improvements as individually levied by the City, and shall be deemed to
be in compliance with the requirements of this ordinance.
(d) Fee certification.
Upon application to the administrator, a property owner or developer may receive a
certification of the development impact fee schedule attached hereto and incorporated herein
as Attachment A or a certified fee for a particular project, as applicable.
(1) The administrator shall provide an applicant with a written certification of the impact fee
schedule within 5 working days after the administrator’s receipt of a completed
application. The fee schedule certified by the administrator shall establish the impact fee
schedule for the proposed development activity for a period of 180 days from the date of
certification.
(2) The administrator shall provide the applicant with a written certification of an individual
fee determination within 30 days after receipt of a completed application. The individual
fee determination certified by the administrator shall establish the total impact fee for
the proposed development activity for the 180 day period immediately following the date
of such certification.
(3) Notwithstanding the issuance of any certification of an individual fee determination, any
additions to the proposed development activity different from the development activity
identified in the original application shall negate any such certification.
Milton Impact Fee Ordinance 12
Sec. 25-6. - Exemptions.
(a) Exemption policy.
The City Council recognizes that some development projects may provide extraordinary
benefit in support of the economic and employment advancement of the City and the City’s
citizens over and above the access to jobs, goods and services that such uses offer in general.
To encourage such development projects, the Mayor and City Council may consider granting a
reduction in the impact fee for such a development project upon the determination and
relative to the extent that the development project represents extraordinary economic
development and employment growth of public benefit to the City, in accordance with
exemption criteria as adopted herein.
(b) Process for exemption approval.
An application for exemption shall be considered under the following procedures:
(1) An application for exemption approval must be made to the administrator prior to or
along with an application for the first building permit or other qualifying permit. Any
exemptions not so applied for shall be deemed waived.
(2) A building permit may be issued upon approval of an exemption, or may be issued
without payment of applicable impact fees following receipt of a complete exemption
application and pending its approval, but a certificate of occupancy shall not be issued
until a decision regarding the exemption has been made, or until such time that the
application for exemption is otherwise withdrawn by the applicant and payment of
impact fees has been made.
(3) Documentation must be provided to the administrator that demonstrates the applicant’s
eligibility for an exemption. This documentation shall address, but need not be limited to,
all applicable exemption criteria adopted herein.
(4) The administrator in his or her reasonable discretion shall determine whether an
application for exemption addresses the exemption criteria adopted by the City and is
complete. A negative determination by the administrator may be appealed to the City
Council in accordance with the administrative appeals section of this ordinance.
(5) The City Council shall determine the eligibility for and extent of exemption, in accordance
with the exemption criteria adopted herein. The application for exemption shall be placed
on the agenda at the next regularly scheduled meeting of the City Council that falls at
least two weeks after a complete application for exemption has been received by the
administrator.
(c) Exemption criteria.
(1) A new construction or expansion project may be granted an exemption from applicable
impact fees, in whole or in part, as deemed appropriate and in the public interest by the
City Council.
Milton Impact Fee Ordinance 13
(2) The extent of the grant of exemption shall be based on the determination by the City
Council of the extent to which the development project represents extraordinary
economic development and employment growth of public benefit to the City.
(3) In making its determination, the City Council shall consider relevant factors relating to the
extraordinary nature of the development’s benefit to the City’s economic and
employment advancement, including but not limited to the following:
a. Investment: The total amount of new private capital investment in land, buildings
and equipment related to the project; and the total capital investment in current
facilities if the project expands an existing business in the City.
b. Annual economic impact: The total annual amount of new wages, purchases and
other expenditures that will be generated as a result of the project; and the total
annual economic impact of current facilities if the project expands an existing
business in the City.
c. Job creation:
1. The total number of jobs created and/or retained as a result of the project.
2. The number of jobs created and/or retained paying at least 100% of the average
wage for the City as established by the Georgia Department of Labor.
3. The number of jobs created and/or retained that are exempt managerial,
professional or senior executive jobs.
d. Such other factors of economic and employment benefit unique to the particular
development project, as deemed relevant by the City Council.
(d) Reimbursement to impact fee fund.
It is recognized that the cost of system improvements otherwise foregone through exemption
of any impact fee must be funded through revenue sources other than impact fees. As part of
the annual budgeting process, adequate funds shall be identified and transferred to the impact
fee fund accounts equal to the amount of all exemptions granted by the City Council during the
preceding year.
Sec. 25-7. - Deposit and expenditure of fees.
The City shall comply with all applicable accounting requirements of O.C.G.A. § 36-71-8, which
include the following:
(a) Maintenance of funds.
(1) All development impact fee funds collected for future expenditure on construction or
expansion of facilities pursuant to this ordinance shall be maintained in one or more
interest-bearing accounts until encumbered or expended. Restrictions on the investment
of development impact fee funds shall be the same that apply to investment of all such
funds generally.
Milton Impact Fee Ordinance 14
(2) Separate accounting records shall be maintained for each category of system
improvements (fire protection, law enforcement, parks and recreation, and road
improvements) and for administration fees collected.
(3) Interest earned on development impact fees shall be allocated to each category of system
improvements and the administration accounts in proportion to the impact fees
collected, shall be considered funds of the account on which it is earned and shall be
subject to all restrictions placed on the use of development impact fees under this
ordinance. Interest earned each fiscal year shall be distributed among the various funds in
proportion to their end-of-year balances on hand.
(b) Expenditures; restrictions.
(1) Expenditures from the system improvements impact fee accounts shall be made only for
the category of system improvements for which the development impact fee was
assessed and collected.
(2) Expenditures from the administration account may be expended directly for
administrative purposes or transferred to the general fund to cover administrative costs.
(3) Expenditures from the impact fee account for a particular public facility category shall be
made only for projects that are listed for that category in the most recently adopted
capital improvements element.
(4) Such expenditures for a specific project may be based on the amount of the actual cost of
the project, but:
i. Such expenditures may not exceed the portion of the project’s cost that is
eligible for impact fee funding, as shown in the capital improvements
element.
ii. Expenditures for projects not listed in the capital improvements element
may be made only after they have been included in the capital
improvements element by amendment adopted by the City Council and
reviewed and approved by the Georgia Department of Community Affairs.
(3) Except as provided below, development impact fees shall not be expended for any
purpose that does not involve building or expanding system improvements that create
additional capacity available to serve new growth and development.
(4)(5) Notwithstanding anything to the contrary in this ordinance, the following shall be
considered general revenue of the City, and may be expended accordingly:
a. impact fees collected to recover the present value of excess capacity in existing
system improvements;
b. any portion of an impact fee collected as a repayment for expenditures made by the
City for system improvements intended to be funded by such impact fee; and,
c. Any portion of an impact fee collected for administration of the impact fee program,
and any such additional amount assessed for repayment of the cost of preparing the
capital improvements element of the comprehensive plan.any portion of the impact
Milton Impact Fee Ordinance 15
fee (but not to exceed three percent of the total) collected and allocated by the
administrator for administration of the impact fee ordinance.
(c) Annual report.
(1) The administrator shall prepare an annual report to the City Council as part of the annual
audit describing the amount of any development impact fees collected, encumbered, and
used during the preceding fiscal year by category of public facility.
(2) Such annual report shall be prepared following guidelines of the Georgia Department of
Community Affairs (DCA), and submitted to DCA in conjunction with the annual update
report of the City’s capital improvements element to DCA in accordance with Sec. 25-
11(b) of this ordinance.
Sec. 25-8. - Credits.
When eligible, feepayors shall be entitled to a credit against impact fees otherwise due and
owing under the circumstances and in the manner set forth in this Section.
(a) Credits; restrictions.
(1) Except as provided in the following Paragraph (2), no credit shall be given for
construction, contribution, or dedication of any system improvement or funds for system
improvements made before the effective date of this ordinance.
(2) If the value of any construction, dedication of land, or contribution of money made by a
developer (or his or her predecessor in title or interest) prior to the effective date of this
ordinance for system improvements that are included for impact fee funding in the
capital improvements element, is greater than the impact fee that would otherwise have
been paid for the project, then the developer shall be entitled to a credit for such excess
construction, dedication, or funding. Notwithstanding anything to the contrary in this
ordinance, any credit due under this section shall not constitute a liability of the City, and
shall accrue to the developer to the extent of impact fees assessed for new development
for the same category of system improvements.
(3) In no event shall credit be given for project improvements as defined in this ordinance, or
for system improvements not included for impact fee funding in the most recently
adopted capital improvements element of the comprehensive plan.
(b) Granting of credits.
(1) Credit shall be given for the present value of any construction of improvements,
contribution or dedication of land, or payment of money by a developer or his or her
predecessor in title or interest for system improvements of the same public facilities
category for which a development impact fee is imposed, provided that:
a. the system improvement is included for impact fee funding in the capital
improvements element; and
Milton Impact Fee Ordinance 16
b. the amount of the credit does not exceed the portion of the system improvement’s
cost that is eligible for impact fee funding, as shown in the capital improvements
element.; and,
c. the City Council shall have explicitly approved said improvement, contribution,
dedication, or payment and the value thereof prior to its construction, dedication, or
transfer.
(2) The credit allowed pursuant to this section shall not exceed the impact fee due for any
particular public facilities category for which a development impact fee is imposed, unless
a greater credit is authorized under a private contractual agreement executed under the
provisions of this ordinance.
a. Any credit amount in excess of the impact fee due for any particular public facilities
category may be carried over and applied to the impact fee due in the same public
facilities category for another development by the developer, or to a successor in
interest, within the City.
a. In the event that a developer enters into such a private agreement with the city to
construct, fund, or contribute system improvements such that the amount of the
credit created is in excess of the impact fee which would otherwise have been
assessed for the development project, the developer shall retain such excess credit
and may apply it to other impact fee assessments for the same public facility
category for which the credit was allowed.
b. To qualify as a “successor in interest” for entitlement to a credit, notice must have
been given to the administrator of a legal transfer or assignment of the right of
entitlement to the credit, including the name, mailing address and written, notarized
authorization of the grantor and the name and mailing address of the grantee.
(c) Guidelines for credit valuation.
Credits under this Section shall be valued using the following guidelines:
(1) For the construction of any system improvements by a developer (as defined in this
ordinance) or his or her predecessor in title or interest and accepted by the City, the
developer must present evidence satisfactory to the administrator of the original cost of
the improvement, from which present value may be calculated.
(2) For any contribution or dedication of land for system improvements by a developer or his
or her predecessor in title or interest and accepted by the City, the original value of the
land shall be the same as that attributed to the property by the validated tax appraisal at
the time of dedication, from which present value may be calculated.
(3) For any contribution of capital equipment that qualifies as a system improvement by a
developer or his or her predecessor in title or interest and accepted by the City, the value
shall be the original cost to the developer of the capital equipment or the cost that the
city would normally pay for such equipment, whichever is less.
Milton Impact Fee Ordinance 17
(4) For any contribution of money for system improvements from a developer or his or her
predecessor in title or interest accepted by the City, the original value of the money shall
be the same as that at the time of contribution, from which present value may be
calculated.
(5) In making a present value calculation, the discount rate used shall be the interest rate
being earned on the City’s impact fee funds, and the average annual inflation rate shall be
that for the Consumer Price Index (the CPI) for the cost of money, or the average rate
reported by the Engineering News Record for construction in general (the CCI) or building
construction specifically (the BCI), as appropriate.
(d) Credits; application.
(1) Credits shall be given only upon written application of the developer to the administrator.
A developer must present written evidence satisfactory to the administrator at or before
the time of development impact fee assessment.
(2) The administrator, in his or her reasonable discretion, shall review all applications for
credits and make determinations regarding the allowance of any claimed credit, and the
value of any allowed credit.
(3) Any credit approved by the administrator shall be acknowledged in writing by the
administrator and calculated at the time of impact fee assessment.
(4) Appeals from the decision of the administrator shall be made to the City Council in
accordance with the Administrative Appeals Section of this ordinance.
(e) Credits; abandoned building permits.
(1) In the event that an impact fee is paid but the building permit is abandoned, credit shall
be given for the present value of the impact fee against future impact fees for the same
parcel of land upon submission of adequate evidence to the administrator that an impact
fee was received by the city, the amount paid, and that the building permit was
abandoned.
(2) A building permit shall be deemed abandoned if no construction has been commenced
prior to the expiration of the building permit.
Sec. 25-9. - Refunds.
(a) Eligibility for a refund.
(1) Upon the written request of a feepayor regarding a property on which a development
impact fee has been paid, the development impact fee shall be refunded if:
a. capacity is available in the public facilities for which the fee was collected but service
is permanently denied; or,
b. the development impact fee has not been encumbered or construction has not been
commenced within six years after the date the fee was collected.
Milton Impact Fee Ordinance 18
(2) In determining whether development impact fees have been encumbered, development
impact fees shall be considered encumbered on a first-in, first-out (FIFO) basis. In
addition, impact fees may be encumbered by the City Council through adoption of the
annual impact fee update report each year.
(b) Notice of entitlement to a refund.
When the right to a refund exists due to a failure to spend or encumber the development
impact fees, the administrator shall provide written notice of entitlement to a refund to the
feepayor who paid the development impact fee at the address shown on the application for
development approval or to a successor in interest who has given adequate notice to the
administrator of a legal transfer or assignment of the right to entitlement to a refund and who
has provided a mailing address. Such notice shall also be published in a newspaper of general
circulation in the City within 30 days after the expiration of the six year period after the date
that the development impact fee was collected and shall contain a heading “Notice of
Entitlement to Development Impact Fee Refund.” No refund shall be made for a period of 30
days from the date of said publication.
(c) Filing a request for a refund.
A request for a refund shall be made in writing to the administrator within one year of the time
the refund becomes payable or within one year of publication of the notice of entitlement to a
refund, whichever is later. Failure to make a claim for a refund within said time period shall
result in a waiver of all claims to said funds. Such funds together with the accrued interest
thereon shall be transferred to the general revenue account of the city.
(d) Payment of refunds.
(1) All refunds shall be made to the feepayor within 60 days after it is determined by the
administrator that a sufficient proof of claim for refund has been made, but no sooner
than 30 days after publication of the notice of entitlement to the refund.
(2) A refund shall include a refund of a pro rata share of interest actually earned on the
unused or excess impact fee collected.
(3) In no event shall a feepayor be entitled to a refund for impact fees assessed and paid to
recover the cost of excess capacity in existing system improvements, for any portion of an
impact fee collected as a repayment for expenditures made by the City for system
improvements intended to be funded by such impact fee, or for that portion of the fee
payment that was assessed for administration of the impact fee ordinance or for recovery
of the cost of preparation of the capital improvements element.
Sec. 25-10. - Private contractual agreements.
(a) Private agreements; authorized.
Nothing in this ordinance shall prohibit the voluntary mutual approval of a private contractual
agreement between the City and any developer or property owner or group of developers
Milton Impact Fee Ordinance 19
and/or property owners in regard to the construction or installation of system improvements
and providing for credits for such system improvement costs so incurred, provided that:
(1) The system improvements are included for impact fee funding in the capital
improvements element; and,
(2) The amount of any credit granted shall not exceed the portion of the system
improvement’s cost that is eligible for impact fee funding.
(b) Private agreements; provisions.
A private contractual agreement for system improvements may include, but shall not be
limited to, provisions that:
(1) Modify the estimates of impact on public facilities according to the methods and
provisions concerning the calculation of impact fees, provided that any such agreement
shall allow the city to assess additional development impact fees after the completion of
construction according to schedules set forth in this ordinance.
(2) Permit construction of, dedication of property for, or other in-kind contribution for
specific public facilities of the type for which development impact fees would be imposed
in lieu of or with a credit against applicable development impact fees.
(3) Permit a schedule and method of payment appropriate to particular and unique
circumstances of a proposed project in lieu of the requirements for payment under this
ordinance, provided that acceptable security is posted ensuring payment of the
development impact fees. Forms of security that may be acceptable include a cash bond,
irrevocable letter of credit from a bank authorized to do business within the state of
Georgia, a surety bond, or lien or mortgage on lands to be covered by the building permit.
(c) Private agreements; procedure.
(1) Any private agreement proposed by an applicant pursuant to this Section shall be
submitted to the administrator for review and negotiation, prior to submission to the City
Council.
(2) Any private agreement proposed by an applicant pursuant to this Section shall be
reviewed and approved by the city attorney as to form and sufficiency prior to
consideration by the City Council.
(3) Any such agreement must be presented to and approved by the City Council prior to the
issuance of the first building permit or other qualifying permit, unless this requirement is
revised or waived by the City Council as part of the private agreement.
(4) Any such agreement shall be executed or approved by mortgagees, lien holders or
contract purchasers in addition to the landowner, and shall require the applicant to
submit such agreement to the clerk of superior court for recording on the deed records. A
copy of the recorded document shall be provided to the administrator.
Milton Impact Fee Ordinance 20
Sec. 25-11. - Periodic review and amendments.
(a) Ordinance amendments.
(1) This ordinance may be amended from time to time as deemed appropriate or desirable.
Any such amendment to this ordinance, including an amendment to the development
impact fee schedule (Attachment A hereto), shall follow the procedures for adoption of
an ordinance imposing a development impact fee as set out and required under the
Georgia Development Impact Fee Act (O.C.G.A. § 36-71-1 et seq., as amended).
(2) Interim determinations by the administrator regarding the appropriate impact fee
applicable to a land use category not listed on the adopted fee schedule are expressly
authorized under Section 25-5(a)(3) and shall be confirmed by the City Council at such
time as this chapter is subsequently amended.
(b) Impact fee program annual review.
(1) At least once each year, the city shall prepare an “annual update report” for submission
to the regional commission and the Georgia Department of Community Affairs. The
report must include a financial report for the impact fee program based on the latest
adopted audit. In addition, the report must update the community work program to
maintain, at a minimum, a schedule of system improvements to be undertaken for each
of the subsequent five years.
(2) The financial report is to include the beginning balances in each public facility category
(such as parks & recreation, roads, etc.), the impact fees collected in each public facility
category, interest earned on the funds on hand, refunds made, funds expended, and the
ending balances.
(3) The community work program is to be updated by adding a future year and deleting the
past year, such that a total of five years is always shown. Impact fee-funded projects that
are anticipated to be undertaken are to be listed individually, the year of implementation
indicated, the cost of the project shown along with the source of funds, and the
department responsible for implementation.
(4) The annual update report may include changes in funding sources or project costs, or
changes in the scheduling of projects. However, new projects not included in the list of
impact fee eligible projects contained in the most recently adopted capital improvements
element itself cannot be added in the annual update report.
(5) The annual update report is to be submitted to the regional commission for their review,
in accordance with the Development Impact Fee Compliance Requirements as adopted by
the Georgia Department of Community Affairs.
(c) Upon approval of the annual update report, the report shall be adopted by the City Council
and a copy sent to the regional commission.
Milton Impact Fee Ordinance 21
(b)(d) Capital improvements element periodic reviewamendment.
(1) Annual update. At least once each year, the City Council shall review and may update the
capital improvements element so as to maintain, at a minimum, a schedule of system
improvements for each of the subsequent five years. The capital improvements element
update may include changes in funding sources or project costs, or changes in the list or
scheduling of projects. The capital improvements element Update shall be submitted to
the Atlanta Regional Commission for their review, in accordance with the Development
Impact Fee Compliance Requirements as adopted by the Board of Community Affairs of
the State of Georgia.
Amendment. In conducting a periodic review of the capital improvements element and
calculation of development impact feesFrom time to time, the City Council may
determine to amend the capital improvements element. Amendments to the capital
improvements element shall comply with the procedural requirements of the
Development Impact Fee Compliance Requirements as adopted by the Board of the
Georgia Department of Community Affairs, and shall be required for any change to the
capital improvements element that would:
(1) Change the list of system improvement projects by adding, deleting, or substantially
modifying the projects;
(2) redefine growth projections, land development assumptions, or goals or objectives that
would affect system improvements proposed in the capital improvements element;
(3) add new public facility categories for impact fee funding, ;
(3)(4) modify impact fee service areas or make changes to system improvement projects;
(4)(5) change service levels established for an existing impact fee service area; or
(5)(6) make any other revisions needed to keep the capital improvements element up to date.
(c)(e) Continuation of validity.
Failure of the City Council to undertake a periodic review of the capital improvements element
shall result in the continued use and application of the latest adopted development impact fee
schedule; project listings, including estimated costs and impact eligibility percentages; and
data upon which the level of service standards and impact fee calculations are based. The
failure to periodically review such data shall not invalidate this ordinance.
Sec. 25-12. - Administrative appeals.
(a) Eligibility to file an appeal.
Only applicants or feepayors who have already been assessed an impact fee by the city or who
have already received a written determination of individual assessment, refund or credit
amount shall be entitled to an appeal. Such appeals may address:
(1) The imposition and/or the amount of an impact fee.
(2) The entitlement to and/or the amount of credits applicable to an impact fee.
Milton Impact Fee Ordinance 22
(3) The entitlement to and/or the amount of a refund of an impact fee.
(b) Appeals process.
(1) The aggrieved applicant or feepayor (hereinafter, the “appellant”) must file a written
appeal with the administrator within 15 days of the decision or written determination
from which the appeal is taken.
(2) Such written appeal shall constitute an application for relief, shall be of sufficient content
to set forth the basis for the appeal and the relief sought, and shall include:
a. the basis for the appeal and the relief sought;
a.b. the name and address of the appellant;
b.c. the location of the affected property; and,
c.d. a copy of any applicable written decision or determination made by the
administrator (from which the appeal is taken).
(3) Within 15 days after receipt of the appeal, the administrator shall make a written final
decision with respect to the appeal, such decision to be of sufficient content to set forth
the basis for the determination. The final decision shall be mailed or electronically
transferred to the appellant at the address listed in the appeal.
(4) Appeals from the final decision of the administrator shall be made to the City Council
within 30 days of the administrator's final decision. Delivery by hand or certified mail to,
or posting upon the property, at the address given by the aggrieved applicant or feepayor
in the application for relief shall constitute receipt by the aggrieved applicant or feepayor
under this provision.
(5) The City Council shall thereafter consider the appeal at a regularly scheduled meeting
within 30 days provided that at least 2 weeks written notice of the meeting can be given
to the appellant. The City Council shall decide the issue within a reasonable time
following the meeting, but in no case later than its next regular meeting, unless the
appellant agrees to an extension to a later date. Any party making an appeal shall have
the right to appear at the meeting to present evidence and may be represented by
counsel.
(c) Payment of impact fee during appeal.
(1) The filing of an appeal shall not stay the collection of a development impact fee as a
condition to the issuance of development approval.
(2) A developer may pay a development impact fee under protest to obtain a development
approval, and by making such payment shall not be estopped from exercising this right of
appeal or receiving a refund of any amount deemed to have been collected in excess.
Milton Impact Fee Ordinance 23
Sec. 25-13. - Enforcement and penalties.
(a) Enforcement authority.
(1) The enforcement of this ordinance shall be the responsibility of the administrator and
such personnel as the administrator may designate from time to time.
(2) The administrator shall have the right to inspect the lands affected by this ordinance and
shall have the right to issue a written notice, a stop work order or citation for violations,
as the administrator in his or her reasonable determination may deem appropriate to the
circumstances. Refusal of written notice of violation, stop work order or citation under
this ordinance shall constitute legal notice of service. The citation shall be in the form of a
written official notice issued in person or by certified mail to the owner of the property,
or to his or her agent, or to the person performing the work giving rise to such violation.
The receipt of a citation shall require that corrective action be taken within 30 days unless
otherwise extended at the discretion of the administrator.
(3) The administrator may suspend or revoke any building permit or withhold the issuance of
other development approvals if the provisions of this ordinance have been violated by the
developer or the owner or their assigns.
(4) For any violation, the administrator shall have the authority to issue a citation. The
citation shall be in the form of a written official notice issued in person or by certified mail
to the owner of the property, or to his or her agent, or to the person performing the
work.
a. The citation shall cite the specific provision or provisions of this ordinance being
violated and shall include, as an attachment, the text of the specific provision
excerpted from this ordinance.
b. The receipt of a citation shall require that corrective action be taken within 30 days
unless otherwise extended at the discretion of the administrator. In the case of an
emergency as determined by the administrator, the time in which corrective action
must be taken may be appropriately shorter than 30 days. If the required corrective
action is not taken within the time allowed, the administrator may use any available
civil or criminal remedies to secure compliance, including revoking a permit.
(b) Violations.
(1) Knowingly furnishing false information on any matter relating to the administration of
this ordinance shall constitute a violation.
(2) Proceeding with construction of a project that is not consistent with the project’s impact
fee assessment, such as the use category claimed or units of development indicated, shall
constitute a violation.
(3) Failure to take corrective action following the receipt of a citation shall constitute a
violation.
Milton Impact Fee Ordinance 24
(4) A violation of this ordinance shall be a misdemeanor punishable according to law,
including the general penalty provisions of the City’s Code of Ordinances. In addition to or
in lieu of criminal prosecution, the City Council shall have the power to sue in law or
equity for relief in civil court to enforce this ordinance, including recourse to such civil and
criminal remedies in law and equity as may be necessary to ensure compliance with the
provisions of this ordinance, including but not limited to injunctive relief to enjoin and
restrain any person from violating the provisions of this ordinance and to recover such
damages as may be incurred by the implementation of specific corrective actions.
Sec. 25-14. - Repealer, severability, and effective date.
(a) Repeal of conflicting laws.
Any and all other ordinances, resolutions or regulations, or parts thereof, in conflict with this
ordinance are hereby repealed to the extent of such conflict. Where this ordinance overlaps
with other ordinances or regulations adopted by the City Council, whichever imposes the more
stringent restrictions shall prevail.
(b) Severability.
If any sentence, clause, part, paragraph, section, or provision of this ordinance is declared by a
court of competent jurisdiction to be invalid, the validity of the ordinance as a whole or any
other part hereof shall not be affected.
(c) Incorporation by reference of Georgia law.
It is the intent of the City Council that this development impact fee ordinance of Milton,
Georgia, complies with the terms and provisions of the Georgia Development Impact Fee Act
(O.C.G.A. 36-71-1 et seq. as amended). To the extent that any provision of this ordinance is
inconsistent with the provisions of said Chapter 36-71, the latter shall control. Furthermore, to
the extent that this ordinance is silent as to any provision of said Chapter 36-71 that is
otherwise made mandatory by said Chapter 36-71, such provision shall control and shall be
binding upon the city.
Sec. 25-15. - Effective Date.
(a) This Ordinance shall take effect upon its adoption by the City Council or upon such other date
specified in the motion to adopt this OrdinanceJanuary 1, 2025.
Milton Impact Fee Ordinance 25
Attachment A: Impact Fee Schedule
Land Use Parks and
Recreation
Fire
Protection
Law
Enforcement
Road
Improvements
Administrative
Fee
Total Impact
Fee Per Unit
Residential
Single-Family Detached Housing 6,915.0973$ 1,763.3127$ 203.1969$ 1,460.8403$ 310.2733$ 10,652.7205$ per dwelling
Duplex or Townhouse 1-3 stories 6,915.0973$ 1,763.3127$ 203.1969$ 1,115.3817$ 299.9095$ 10,296.8981$ per dwelling
Multi-Family Low Rise 2-3 stories 6,915.0973$ 1,763.3127$ 203.1969$ 1,044.1212$ 297.7717$ 10,223.4998$ per dwelling
Senior Adult Single-Family Housing 6,915.0973$ 1,763.3127$ 203.1969$ 667.6799$ 286.4784$ 9,835.7652$ per dwelling
Senior Adult Multi-Family Housing 6,915.0973$ 1,763.3127$ 203.1969$ 501.9218$ 281.5057$ 9,665.0344$ per dwelling
Industrial
General Light Industrial 1.0382$ 0.1196$ 0.6841$ 0.0551$ 1.8970$ per square foot
Manufacturing 1.2688$ 0.1462$ 0.6770$ 0.0626$ 2.1546$ per square foot
Warehousing 0.2270$ 0.0262$ 0.2437$ 0.0148$ 0.5117$ per square foot
Mini-Warehouse 0.2270$ 0.0262$ 0.2067$ 0.0136$ 0.4735$ per square foot
High-Cube Warehouse, short term 0.4386$ 0.0505$ 0.1995$ 0.0205$ 0.7092$ per square foot
High-Cube Warehouse, fulfillment center 0.4381$ 0.0505$ 0.2580$ 0.0223$ 0.7689$ per square foot
High-Cube Hub Warehouse 0.4585$ 0.0528$ 0.6599$ 0.0349$ 1.2062$ per square foot
Specialty Trade Contractor 1.8138$ 0.2090$ 1.3996$ 0.1025$ 3.5249$ per square foot
Lodging
Hotel 373.5817$ 43.0500$ 878.8124$ 38.8631$ 1,334.3072$ per room
All Suites Hotel 619.7745$ 71.4202$ 483.9517$ 35.2543$ 1,210.4008$ per room
Motel 89.2379$ 10.2834$ 306.1878$ 12.1712$ 417.8803$ per room
Recreational
Movie Theater 0.9499$ 0.1095$ 10.2827$ 0.3400$ 11.6820$ per square foot
Racquet/Tennis Club 0.3184$ 0.0367$ 2.5224$ 0.0862$ 2.9637$ per square foot
Recreational Community Center 0.7091$ 0.0817$ 3.7949$ 0.1374$ 4.7232$ per square foot
Institutional
Private Elementary School 0.4598$ 0.0530$ 1.9123$ 0.0725$ 2.4975$ per square foot
Private High School 0.4240$ 0.0489$ 1.8527$ 0.0696$ 2.3951$ per square foot
Church/Place of Worship 0.2545$ 0.0293$ 1.0596$ 0.0401$ 1.3836$ per square foot
Day Care Center 1.4934$ 0.1721$ 0.7377$ 0.0720$ 2.4752$ per square foot
Cemetery 69.8928$ 8.0542$ 839.3248$ 27.5180$ 944.7897$ per acre
Medical
Hospital 1.9154$ 0.2207$ 1.2847$ 0.1025$ 3.5233$ per square foot
Nursing Home 1.3673$ 0.1576$ 0.7843$ 0.0692$ 2.3783$ per square foot
Clinic 1.8137$ 0.2090$ 4.4851$ 0.1951$ 6.7029$ per square foot
Veterinary Clinic 1.1360$ 0.1309$ 2.3315$ 0.1078$ 3.7061$ per square foot
Unit
of Measure
Milton Impact Fee Ordinance 26
Land Use Parks and
Recreation
Fire
Protection
Law
Enforcement
Road
Improvements
Administrative
Fee
Total Impact
Fee Per Unit
Office
General Office Building 2.1826$ 0.2515$ 1.5449$ 0.1192$ 4.0982$ per square foot
Small Office Building 1.2275$ 0.1415$ 2.0509$ 0.1025$ 3.5223$ per square foot
Corporate Headquarters Building 2.3075$ 0.2659$ 1.1330$ 0.1110$ 3.8175$ per square foot
Single-Tenant Office Building 2.2762$ 0.2623$ 1.8627$ 0.1318$ 4.5330$ per square foot
Medical-Dental Office Building 2.7712$ 0.3193$ 4.2942$ 0.2214$ 7.6062$ per square foot
Office Park 2.0967$ 0.2416$ 1.5777$ 0.1174$ 4.0334$ per square foot
Research and Development Center 2.2044$ 0.2540$ 1.5791$ 0.1210$ 4.1586$ per square foot
Business Park 2.0646$ 0.2379$ 1.7730$ 0.1221$ 4.1975$ per square foot
Retail
Building Materials and Lumber Store 0.4436$ 0.0511$ 2.1394$ 0.0789$ 2.7131$ per square foot
Free-Standing Discount Superstore 1.5467$ 0.1782$ 5.6349$ 0.2207$ 7.5805$ per square foot
Variety Store 0.4465$ 0.0515$ 4.8323$ 0.1597$ 5.4900$ per square foot
Free-Standing Discount Store 1.4665$ 0.1690$ 3.4215$ 0.1515$ 5.2085$ per square foot
Hardware/Paint Store 0.1954$ 0.0225$ 0.5001$ 0.0214$ 0.7394$ per square foot
Nursery (Garden Center)2.0916$ 0.2410$ 8.5452$ 0.3262$ 11.2041$ per square foot
Nursery (Wholesale)1.1175$ 0.1288$ 4.8937$ 0.1841$ 6.3241$ per square foot
Shopping Center (150,000 sf +)1.4245$ 0.1642$ 2.4653$ 0.1215$ 4.1755$ per square foot
Shopping Plaza (40-150K)1.4245$ 0.1642$ 5.7088$ 0.2188$ 7.5162$ per square foot
Strip Retail Plaza (< 40,000 sf)1.4245$ 0.1642$ 5.5671$ 0.2146$ 7.3704$ per square foot
Automobile Sales 1.4538$ 0.1675$ 3.3117$ 0.1479$ 5.0809$ per square foot
Auto Parts Store 1.0847$ 0.1250$ 3.7196$ 0.1477$ 5.0771$ per square foot
Tire Store 1.1064$ 0.1275$ 2.8740$ 0.1231$ 4.2310$ per square foot
Supermarket 1.4345$ 0.1653$ 4.9426$ 0.1961$ 6.7386$ per square foot
Discount Club 0.8838$ 0.1019$ 4.0124$ 0.1498$ 5.1479$ per square foot
Sporting Goods Superstore 3.5910$ 0.4138$ 2.2103$ 0.1864$ 6.4015$ per square foot
Home Improvement Superstore 3.5910$ 0.4138$ 1.5239$ 0.1658$ 5.6945$ per square foot
Pharmacy/Drugstore w/drive-through 1.0508$ 0.1211$ 6.3812$ 0.2265$ 7.7796$ per square foot
Furniture Store 0.3865$ 0.0445$ 0.1952$ 0.0186$ 0.6448$ per square foot
Services
Drive-in Bank 2.0557$ 0.2369$ 3.4200$ 0.1713$ 5.8839$ per square foot
Fast Casual Restaurant 3.3808$ 0.3896$ 5.5679$ 0.2800$ 9.6183$ per square foot
Fine Dining Restaurant 3.3808$ 0.3896$ 4.9354$ 0.2610$ 8.9668$ per square foot
High-Turnover (Sit-Down) Restauant 3.3808$ 0.3896$ 6.1445$ 0.2973$ 10.2122$ per square foot
Fast-Food Restaurant 7.0404$ 0.8113$ 19.5532$ 0.8220$ 28.2269$ per square foot
Quick Lubrication Vehicle Shop 2.9153$ 0.3360$ 7.7597$ 0.3301$ 11.3411$ per square foot
Automobile Parts & Service 0.9729$ 0.1121$ 1.4658$ 0.0763$ 2.6271$ per square foot
Convenience Store w/gas 1.7351$ 0.1999$ 11.6037$ 0.4060$ 13.9447$ per square foot
Unit
of Measure