Title 36, Chapter 71, Section 2
As used in this chapter, the term:
(1) "Capital improvement" means an improvement with a useful life
of ten years or more, by new construction or other action, which
increases the service capacity of a public facility.
(2) "Capital improvements element" means a component of a
comprehensive plan adopted pursuant to Chapter 70 of this title
which sets out projected needs for system improvements during a
planning horizon established in the comprehensive plan, a schedule
of capital improvements that will meet the anticipated need for
system improvements, and a description of anticipated funding
sources for each required improvement.
(3) "Comprehensive plan" has the same meaning as provided for in
Chapter 70 of this title.
(4) "Developer" means any person or legal entity undertaking
(5) "Development" means any construction or expansion of a
building, structure, or use, any change in use of a building or
structure, or any change in the use of land, any of which creates
additional demand and need for public facilities.
(6) "Development approval" means any written authorization from a
municipality or county which authorizes the commencement of
(7) "Development exaction" means a requirement attached to a
development approval or other municipal or county action approving
or authorizing a particular development project, including but not
limited to a rezoning, which requirement compels the payment,
dedication, or contribution of goods, services, land, or money as
a condition of approval.
(8) "Development impact fee" means a payment of money imposed upon
development as a condition of development approval to pay for a
proportionate share of the cost of system improvements needed to
serve new growth and development.
(9) "Encumber" means to legally obligate by contract or otherwise
commit to use by appropriation or other official act of a
municipality or county.
(10) "Feepayor" means that person who pays a development impact
fee or his successor in interest where the right or entitlement to
any refund of previously paid development impact fees which is
required by this chapter has been expressly transferred or
assigned to the successor in interest. In the absence of an
express transfer or assignment of the right or entitlement to any
refund of previously paid development impact fees, the right or
entitlement shall be deemed "not to run with the land."
(10.1) "Governmental entity" means any water authority, water and
sewer authority, or water or waste-water authority created by or
pursuant to an Act of the General Assembly of Georgia.
(11) "Level of service" means a measure of the relationship
between service capacity and service demand for public facilities
in terms of demand to capacity ratios or the comfort and
convenience of use or service of public facilities or both.
(12) "Present value" means the current value of past, present, or
future payments, contributions or dedications of goods, services,
materials, construction, or money.
(13) "Project" means a particular development on an identified
parcel of land.
(14) "Project improvements" means site improvements and facilities
that are planned and designed to provide service for a particular
development project and that are necessary for the use and
convenience of the occupants or users of the project and are not
system improvements. The character of the improvement shall
control a determination of whether an improvement is a project
improvement or system improvement and the physical location of the
improvement on site or off site shall not be considered
determinative of whether an improvement is a project improvement
or a system improvement. If an improvement or facility provides
or will provide more than incidental service or facilities
capacity to persons other than users or occupants of a particular
project, the improvement or facility is a system improvement and
shall not be considered a project improvement. No improvement or
facility included in a plan for public facilities approved by the
governing body of the municipality or county shall be considered a
(15) "Proportionate share" means that portion of the cost of
system improvements which is reasonably related to the service
demands and needs of the project.
(16) "Public facilities" means:
(A) Water supply production, treatment, and distribution
(B) Waste-water collection, treatment, and disposal facilities;
(C) Roads, streets, and bridges, including rights of way,
traffic signals, landscaping, and any local components of state
or federal highways;
(D) Storm-water collection, retention, detention, treatment, and
disposal facilities, flood control facilities, and bank and
shore protection and enhancement improvements;
(E) Parks, open space, and recreation areas and related
(F) Public safety facilities, including police, fire, emergency
medical, and rescue facilities; and
(G) Libraries and related facilities.
(17) "Service area" means a geographic area defined by a
municipality, county, or intergovernmental agreement in which a
defined set of public facilities provide service to development
within the area. Service areas shall be designated on the basis of
sound planning or engineering principles or both.
(18) "System improvement costs" means costs incurred to provide
additional public facilities capacity needed to serve new growth
and development for planning, design and construction, land
acquisition, land improvement, design and engineering related
thereto, including the cost of constructing or reconstructing
system improvements or facility expansions, including but not
limited to the construction contract price, surveying and
engineering fees, related land acquisition costs (including land
purchases, court awards and costs, attorneys' fees, and expert
witness fees), and expenses incurred for qualified staff or any
qualified engineer, planner, architect, landscape architect, or
financial consultant for preparing or updating the capital
improvement element, and administrative costs, provided that such
administrative costs shall not exceed 3 percent of the total
amount of the costs. Projected interest charges and other finance
costs may be included if the impact fees are to be used for the
payment of principal and interest on bonds, notes, or other
financial obligations issued by or on behalf of the municipality
or county to finance the capital improvements element but such
costs do not include routine and periodic maintenance
expenditures, personnel training, and other operating costs.
(19) "System improvements" means capital improvements that are
public facilities and are designed to provide service to the
community at large, in contrast to "project improvements."