§ 86-68. Sewer connection impact fees.

(a)

Short title, authority, and applicability.

(1)

This section shall be known and may be cited as the "Sewer Connection Impact Fee Ordinance of Fayetteville, Georgia."

(2)

This section has been prepared and adopted by the city council 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.

(3)

The provisions of this section shall not be construed to limit the power of the city 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 section.

(4)

This section shall apply to all areas under the regulatory control and authority of the city and such other areas as may be included by intergovernmental agreement.

(b)

Findings, purpose, and intent.

(1)

The mayor and council of the city, finds and declares:

a.

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 Fayetteville; and

b.

That certain public facilities as herein defined must be constructed or expanded if new growth and development is to be accommodated at the same level of service available to existing development; and

c.

That it is fair and equitable that new land development shall bear a proportionate share of the cost of such public facilities necessary to serve new growth and development.

(2)

The purpose of this section is to impose impact fees, as hereinafter set forth, for certain public facilities, as herein defined.

(3)

It is also the purpose of this section to ensure that adequate public facilities are available to serve new growth and development in Fayetteville and to provide that new growth and development bears a proportionate share of the cost of new public facilities needed to serve them.

(c)

Rules of construction and definitions.

(1)

The provisions of this section 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 Fayetteville.

(2)

Unless otherwise stated in this section, the following rules of construction shall apply to the text of this section:

a.

In the case of any difference of meaning or implication between words or phrases as used in this section and as used in other codes, regulations or laws of Fayetteville, such difference shall not affect the meaning or implication of such words or phrases as used in this section.

b.

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

c.

The word "shall" is always mandatory and not discretionary; the word "may" is permissive.

d.

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.

e.

The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other legal or similar entity.

f.

The conjunction "and" indicates that all the connected terms, conditions, provisions, or events shall apply.

g.

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

h

The use of "either/or" indicates that the connected items, conditions, provisions, or events shall apply singly and not in combination.

i.

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.

j.

The section and paragraph headings and enumerations used in this section are included solely for convenience and shall not affect the interpretation of this section.

(3)

As used in this section, the following terms shall have the meaning set forth below:

Administrator means the city manager of the city, or the city manager's designee, who is hereby charged with implementation and enforcement of this section.

Building permit is the permit required for new construction, completion of construction, or an interior finish pursuant to the applicable building code. As used herein, the term 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.

City means the City of Fayetteville, Georgia.

City council means the mayor and council of the city.

Code enforcement officer means the employee or official who is designated and empowered to enforce the codes and ordinances of the city.

Commencement of construction, for private development, means initiation of physical construction activities as authorized by a development 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.

Completion of construction means the issuance of the final certificate of occupancy by the appropriate governmental jurisdiction. The date of completion is the date on which such certificate is issued.

County means Fayette County, a legal subdivision of the State of Georgia.

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, approval for grading or site development, or other forms of official action required by local law or regulation prior to commencement of construction.

Encumber means to legally obligate by contract or otherwise commit to use by appropriation or other official act of the city.

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.

Feepayor means that person or entity who pays a development impact fee, or his legal successor in interest when the right or entitlement to any refund of previously paid development impact fees which is required by this section has been expressly transferred or assigned to the successor in interest.

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 section 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 accepted methods of financial analysis 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 tap-on authorization, 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.

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 any facility or infrastructure for the conveyance and treatment of wastewater

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.

Sewer connection impact fee means the payment of a one-time fee imposed upon and paid by new development as a condition of development approval as its proportionate share of the cost of system improvements needed to serve it.

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 three percent of the total of all other 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 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.

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.

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 section.

(d)

Imposition of development impact fees.

(1)

Any person who after the effective date of this section engages in development shall pay a sewer connection impact fee in the manner and amount set forth in this section.

(2)

The following projects and construction activities do not constitute "development" as defined in this section, 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 section that were 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 a temporary construction or sales office on a lot during the period of construction or build-out of a development project.

e.

Constructing an addition to or expansion of a residential housing unit that does not increase the number of housing units.

f.

Adding uses that are typically accessory to residential uses and intended for the personal use of the residents, such as a deck or patio, satellite antenna, pet enclosure, or private recreational facilities such as a swimming pool.

(3)

Notwithstanding any other provision of this section, that portion of a project for which a valid building permit has been issued prior to the effective date of this section shall 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.

(e)

Method of calculation.

(1)

Any development impact fee imposed pursuant to this section shall not exceed a project's proportionate share of the cost of system improvements, shall be calculated on the basis of the establishment of service areas, 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)

The method of calculating impact fees for public facilities under this section 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.

(3)

In addition to the cost of new or expanded system improvements needed to be built to serve new development, the cost basis of a sewer connection impact fee shall 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.

(4)

Sewer connection impact fees shall be based on actual system improvement costs or reasonable estimates of such costs, as set forth in the capital improvements plan.

(f)

Fee assessment and payment.

(1)

Payment of a sewer connection impact fee pursuant to the fee schedule incorporated into this section as Attachment A (located at the end of this section) shall constitute full and complete payment of the project's proportionate share of system improvements and shall be deemed to be in compliance with the requirements of this section.

(2)

Sewer connection impact fees shall be assessed prior to application for a building permit.

(3)

All sewer connection impact fees shall be collected no later than the time of issuance of a Certificate of Occupancy, or except if a commercial development has a payment plan as approved by the city manager or designee.

(f)

Deposit and expenditure of fees. Notwithstanding anything to the contrary in this section, the following shall be considered general revenue of the system, and may be expended accordingly:

(1)

Impact fees collected to recover the present value of excess capacity in existing system improvements;

(2)

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,

(g)

Periodic review and amendments.

(1)

This section may be amended from time to time as deemed appropriate or desirable. Any such amendment to this section, including an amendment to the development impact fee schedule (Attachment A (located at the end of this section)), 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)

The city council may, from time to time, review the capital improvements element and calculation of development impact fees, and may amend the capital improvements element, fee calculation methodology, or development impact fee schedule as deemed appropriate and necessary to maintain consistency with the Georgia Development Impact Fee Act and other applicable laws.

(3)

In conducting a periodic review of the capital improvements element and calculation of development impact fees, 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 Minimum Standards and Procedures for Local Comprehensive Planning as adopted by the Board of Community Affairs of the State of Georgia, and shall be required for any change to the capital improvements element that would:

a.

Redefine growth projections, land development assumptions, or goals or objectives that would affect system improvements proposed in the capital improvements element;

b.

Add new public facility categories for impact fee funding, modify impact fee service areas or make changes to system improvement projects;

c.

Change service levels established for an existing impact fee service area; or

d.

Make any other revisions needed to keep the capital improvements element up to date.

(4)

Failure of the city council to undertake a periodic review shall result in the continued use and application of the latest adopted development impact fee schedule and other data. The failure to review such data shall not invalidate this section.

(h)

Enforcement and penalties.

(1)

The enforcement of this section shall be the responsibility of the administrator and such personnel as the administrator may designate from time to time.

a.

The administrator shall have the right to inspect the lands affected by this section and shall have the right to issue cease and desist orders and citations for violations. Refusal of written notice of violation under this section shall constitute legal notice of service.

b.

The administrator may withhold the issuance of any building permit or other development permits if the provisions of this ordinance have been violated by the owner or his assigns.

c.

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 agent, or to the person performing the work. The receipt of a citation shall require that corrective action be taken within 30 working days unless otherwise extended at the discretion of the administrator. 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.

(2)

Knowingly furnishing false information on any matter relating to the administration of this section shall constitute an actionable violation.

(3)

A violation of this section shall be a misdemeanor punishable according to law. However, 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 section, including recourse to such civil and criminal remedies in law and equity as may be necessary to ensure compliance with the provisions of this section, including but not limited to injunctive relief to enjoin and restrain any person from violating the provisions of this section and to recover such damages as may be incurred by the implementation of specific corrective actions.

ATTACHMENT A
SEWER CONNECTION IMPACT FEE SCHEDULE

Meter Size	Avg Daily Flow/BME*		BME* Factor		Average GPD		Cost Per Average GPD		Connection Fee
¾ inch	181.07	X	1.0000	=	181.07	X	$8.17	=	$1,478.50
1 inch	181.07	X	1.6667	=	301.78	X	$8.17	=	$2,464.17
1½ inch	181.07	X	3.3333	=	603.55	X	$8.17	=	$4,928.35
2 inch	181.07	X	5.3333	=	965.69	X	$8.17	=	$7,885.35
3 inch	181.07	X	10.0000	=	1,810.66	X	$8.17	=	$14,785.04
4 inch	181.07	X	16.6667	=	3,017.77	X	$8.17	=	$24,641.73
6 inch	181.07	X	33.3333	=	6,035.54	X	$8.17	=	$49,283.46
8 inch	181.07	X	53.3333	=	9,656.86	X	$8.17	=	$78,853.53

 

*Base Meter Equivalent

(Ord. No. 0-11-01, art. V, 4-19-01; Ord. No. 0-13-06, §§ 1, 2, 7-6-06; Ord. No. 0-4-07, arts. 1, 2, 2-1-07; Ord. No. 0-14-08, arts. 1, 2, 5-1-08; Ord. No. 0-4-10, art. I, 7-15-10; Ord. No. 0-12-11, arts. 1, 2, 7-21-11; Ord. No. 0-10-12, art. II, 6-21-12)