Title 36, Chapter 71, Section 13
( 36-71-13)
(a) Nothing in this chapter shall prevent a municipality or county
from requiring a developer to construct reasonable project
improvements in conjunction with a development project. (b) Nothing in this chapter shall be construed to prevent or
prohibit private agreements between property owners or developers
and municipalities, counties, or other governmental entities in
regard to the construction or installation of system improvements
and providing for credits or reimbursements for system improvement
costs incurred by a developer including interproject transfers of
credits or providing for reimbursement for project improvement costs
which are used or shared by more than one development project. (c) Nothing in this chapter shall limit a municipality, county, or
other governmental entity which provides water or sewer service from
collecting a proportionate share of the capital cost of water or
sewer facilities by way of hook-up or connection fees as a condition
of water or sewer service to new or existing users, provided that
the development impact fee ordinance of a municipality or county or
other governmental entity that collects development impact fees
pursuant to this chapter shall include a provision for credit for
such hook-up or connection fees collected by the municipality or
county to the extent that such hook-up or connection fee is
collected to pay for system improvements. Imposition of such
hook-up or connection fees by any governmental entity to pay for
system improvements either existing or new shall be consistent with
the capital improvement element of the comprehensive plan and shall
be subject to the approval of each county, municipality, or
combination thereof which appoints the governing body of such
entity. The adoption, imposition, collection, and expenditure of
such fees for system improvements by any governmental entity shall
be subject to the same procedures applicable to the adoption,
imposition, collection, and expenditure of development impact fees
by a county. (d) Nothing in this chapter shall apply to a water authority created
by Act of the General Assembly, as long as such authority is not
established as a political subdivision of the State of Georgia but
instead acts subject to the approval of a county governing
authority. |