HomeMy WebLinkAboutOrdinances 25-03-572 - 04/14/2025 - Amend Ch. 25 - Impact FeesSTATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO.
cJ-5-O 3 -i 7 J
AN ORDINANCE TO AMEND CHAPTER 25, IMPACT FEES, SEC. 25-5(8) TIMING
OF ASSESSMENT AND PAYMENT OF THE CITY CODE FOR THE CITY OF MILTON,
GEORGIA
BE IT ORDAINED by the City Council of the City of Milton , GA while in a regularly
called council meeting on April 14, 2025, at 6:00 p.m. as follows:
SECTION 1. That Sec . 25-5(b)Timing of Assessment and Payment in Chapter
25 , Impact Fees of the City Code for the City of Milton, Georgia as it relates
to clarifying the when the payment of impact fees shall be col lected is
amended as shown in Exhibit "A", attached hereto and incorporated as if
fully set forth herein ;
SECTION 2. That all ordinances, parts of ordinances , and regulations in
conflict herewith are repealed ; and
SECTION 3. That this Ordinance shall become effective upon its adoption .
ORDAINED this the 14 th day of April 2025.
Attest :
EXHIBIT "A"
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 i n compliance with the
requirements of th is ord inance.
(2) When a land development activity for which an application for a building perm it has
been made includes two or more buildings, structures or other land uses in any
combination , including two or more uses w ithin 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 bu i lding, structure, or use, in cluding 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 ind ividual
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 adm i nistrator i n h is or her reasonable discretion shall make a
determination as to the appropriate land use category and the appropriate
development impact f ee.
b. In making such determination , the administrator may require such
additional information f rom 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 ind ividual assessment in
accordance w ith the individual assessment determinations section of this
ordinance.
d . Appeals from the dec ision of the administrator shall be made to the C ity
Council in accordance with the administrative appeals section of th is
ordinance .
(b) Timing of assessment and payment.
(1)
(2)
Development impact fees shall be assessed and collected at the time of issuance of
application for a building permit.
AH de<1elopment 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
Text Amendment t o Chapte r 25 Impact Fees -Prepa red fo r t he May or a nd C ity Co uncil Me eting o n Ap ril 14 , 202 5
EXHIBIT"A"
interior finishes permit or a certificate of completion or occupancy for the building
or building shell .
ffl.(2.). 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
authorization to commence construction or to commence use of a property,
whichever is earliest .
f4t.(_3.)_ 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.
f5t.(4)_ 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.
Text Amendment to Chapter 25 Impact Fe es -Prepared for the Mayor and City Council Meeting on April 14, 2025