O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Statute text
(a) Municipalities and counties which have adopted a comprehensive plan containing a capital improvements element are authorized to impose by ordinance development impact fees as a condition of development approval on all development pursuant to and in accordance with the provisions of this chapter. After the transition period provided in this chapter, development exactions for other than project improvements shall be imposed by municipalities and counties only by way of development impact fees imposed pursuant to and in accordance with the provisions of this chapter.
(b) Notwithstanding any other provision of this chapter, that portion of a project for which a valid building permit has been issued prior to the effective date of a municipal or county development impact fee ordinance shall not be subject to development impact fees so long as the building permit remains valid and construction is commenced and is pursued according to the terms of the permit.
(c) Payment of a development impact fee shall be deemed to be in compliance with any municipal or county requirement for the provision of adequate public facilities or services in regard to the system improvements for which the development impact fee was paid.
History
(Code 1981, § 36-71-3, enacted by Ga. L. 1990, p. 692, § 1.)
Annotations
JUDICIAL DECISIONS
County ordinance imposing impact fees on new developments only in unincorporated areas. - Because Cherokee County, Georgia lacked the power to impose impact fees on new development in incorporated areas of Cherokee County, the county acted rationally and reasonably by imposing impact fees on new developments only in unincorporated areas. Cherokee County v. Greater Atlanta Homebuilders Ass'n, 255 Ga. App. 764, 565 S.E.2d 925 (2002).
Notes of Decisions
Cherokee Cnty. v. Greater Atlanta Homebuilders Ass'n, 566 S.E.2d 470 (Ga. Ct. App. 2002).
· cites it 4× “OCGA § 36-71-3 (a). The fees are not to exceed a proportionate share of the cost of system improvements (OCGA § 36-71-4 (a)) and are to be calculated on the basis of (i) service areas defined by the county on the basis of sound planning or engineering principles (OCGA §§ 36-71-2…”
Fairgreen Capital, LLC v. City of Canton, 782 S.E.2d 46 (Ga. Ct. App. 2016).
· cites it 2× “Under OCGA § 36-71-3 (a), “[mjunicipalities and counties which have adopted a comprehensive plan containing a capital improvements element are authorized to impose by ordinance development impact fees as a condition of development approval on all development pursuant to and in…”
Fairgreen Capital, LLC v. City of Canton (Ga. Ct. App. 2016).
· cites it 2× “3 The City’s unpaid debt obligation, which Fairgreen 3 Under OCGA § 36-71-3 (a), “[m]unicipalities and counties which have adopted a comprehensive plan containing a capital improvements element are authorized to impose by ordinance development impact fees as a condition of…”
Henry Cnty. v. Greater Atlanta Home Builders Ass'n, Inc. (Ga. Ct. App. 2026).
· cites it 2× “See also OCGA § 36-71-3 (authorizing municipalities and counties that have adopted a comprehensive plan incorporating capital improvements to enact ordinances that impose impact fees as a condition for the approval of development projects).”
Greater Atlanta Home Builders Ass'n, Inc. v. the City of McDonough, Georgia (Ga. Ct. App. 2013).
· cites it 2× “The plaintiffs contend that the trial court erred by denying their motion for summary judgment with respect to attorney fees and costs, arguing that contrary to the trial court’s ruling, they were not required to give ante litem notice of their claim for fees and costs under…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.