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Clayton County transmits draft capital improvements element to state for impact‑fee review after public hearing

2619768 · March 6, 2025
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Summary

The county held a public hearing on a draft capital improvements element (CIE) required to pursue a development impact fee program and approved transmittal of the draft to regional and state reviewers. The action begins a review process that could lead to an impact‑fee ordinance later this year.

The Clayton County Board of Commissioners held a public hearing March 11 on a draft capital improvements element (CIE) — the document the Georgia Department of Community Affairs requires before a local government may adopt development impact fees — and approved transmitting the draft to the Atlanta Regional Commission (ARC) and DCA for regional and state review.

Consultant Paige Hatley, assisted by Lee Walton, described the CIE as the inventory of capital projects and the portion of project costs that can legally be charged to new development. Hatley said the document lists long‑range capital needs (parks, libraries, fire and police facilities, and public buildings) and identifies near‑term projects that must be pulled into a five‑year “community work program” per state rules.

Hatley told the board that the CIE itself does not set fee levels; separate, technical fee calculations would follow and then be adopted by ordinance if the county pursues a fee program. She outlined a timeline: tonight’s public hearing, a two‑month review by ARC and DCA, then potential fee calculations, advisory‑committee review, two required public hearings, and, if approved, local adoption later in spring or early summer.

Public comment at the hearing was mixed but leaned toward support from some residents and commissioners who viewed impact fees as a growth‑paying‑for‑growth tool. Jean Pierre Bourget said impact fees ‘‘are an effective way to not increase taxes’’ if the county uses them alongside economic development to generate sales tax revenue. Several residents and commissioners emphasized the need to pair any fee program with a strategy for economic development and revenue diversification.

Board action: after the hearing the board approved Resolution 2025‑43, authorizing the chairwoman to transmit the draft CIE to the Atlanta Regional Commission and the Georgia Department of Community Affairs for review. The motion passed on a roll call announced by the chair.

Next steps: following ARC/DCA review, staff expects to return with fee calculations, recommended rates, and an ordinance for additional public hearings. If the county adopts an impact fee ordinance, fees would be imposed on new development in accord with statutory requirements and the locally adopted schedule.

Ending: County officials said they plan outreach to stakeholders and scheduled advisory‑committee work to develop fee calculations and a draft ordinance for subsequent board consideration.