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Consultant Jerry Whites briefs Toccoa commissioners on impact fees and legal limits under Georgia law
Summary
At the July 13 work session consultant Jerry Whites outlined how impact fees operate under Georgia's Development Impact Fee Act (DIFA), including eligible uses, required technical studies, committee composition and accounting rules; commissioners discussed water/sewer tap and capacity charges.
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Consultant Jerry Whites told the City Commission that an impact fee is "a one‑time charge at the time of a building permit to pay a prorated share of capital costs for facilities and services needed because of development," and emphasized that state law restricts fees to capital improvements only. Whites said funds must be held in separate interest‑bearing accounts, tracked by purpose and either expended or encumbered within six years; he also noted that schools are explicitly excluded from the list of eligible facilities under the Development Impact Fee Act (DIFA).
Whites outlined the process required before adoption of an ordinance: a planning element and capital improvements schedule, technical studies (including level‑of‑service standards), and an Impact Fee Advisory Committee of five to ten members with at least 50% having real‑estate affiliations. He recommended the city first engage a water/sewer engineer to estimate plant expansion and trunk‑line costs, produce ERU calculations and per‑ERU dollar amounts, and set policy on capacity reservation and expansion triggers. Consultant Gary Fesperman also spoke briefly about tap and capacity fees and the possibility of a debt service charge on water bills. Attorney Willie Sizemore asked clarifying questions about how the state categories map to a city the size of Toccoa. Commissioners discussed different fee options and next steps for technical work.
