TITLE 36
LOCAL GOVERNMENT
Chapter 71 information not found
ARTICLE 2
SERVICE DELIVERY
36-71-7. Credit for present value of construction accepted by municipality or county from developer.
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In the calculation of development impact fees for a particular project, credit shall be given for the present value of any construction of improvements or contribution or dedication of land or money required or accepted by a municipality or county from a developer or his predecessor in title or interest for system improvements of the category for which the development impact fee is being collected.Credits shall not be given for project improvements.
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In the event that a developer enters into an agreement with a county or municipality to construct, fund, or contribute system improvements such that the amount of the credit created by such construction, funding, or contribution is in excess of the development impact fees which would otherwise have been paid for the development project, the developer shall be reimbursed for such excess construction, funding, or contribution from development impact fees paid by other development located in the service area which is benefited by such improvements.
(Code 1981, §36-71-7, enacted by Ga. L. 1990, p. 692, § 1.)
Law reviews.
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For annual survey of local government law, see 58 Mercer L. Rev. 267 (2006).
JUDICIAL DECISIONS
Impact fee credits.
- Because O.C.G.A.
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36-71-13(b) permitted an owner and a city to enter into a private development agreement and the agreement unambiguously provided for reimbursement in the form of impact fee credits under O.C.G.A.
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36-71-7(b) and not cash, the trial court properly granted partial summary judgment to the city. Fulton Greens, L.P. v. City of Alpharetta, 272 Ga. App. 459, 612 S.E.2d 491 (2005).
