MINUTES  CITY COUNCIL REGULAR MEETING AND WORK SESSION G.L. Gilleland Council Chambers on 2nd Floor Monday, February 19, 2024 5:00 P.M.  1. CALL TO ORDER: Mayor Walden called the meeting to order at 5:00 pm.  2. ROLL CALL: Present were Councimember William Ilg, Councimember Sandy Sawyer, Councimember Mark French, Councimember Caleb Phillips, City Attorney Kevin Tallant, City Manager Bob Bolz, City Clerk Beverly Banister, Public Works Director Trampas Hansard, Utility Director Jacob Barr, Downtown Development Director Amanda Edmondson and Finance Director 3. INVOCATION AND PLEDGE: Invocation and pledge were led by Councilmember Phillips. 4. ANNOUNCEMENTS: Councimember French announced that early voting is underway for the 5. APPROVAL OF THE AGENDA: Motion to amend the agenda to addi item #12a Consideration of Bid #24-RFB-007: Purchase and Installation ofi iRacing Gaming and Audio Package made by M. French; Motion to approve the agenda as amended made by W. Ilg; second by S. Sawyer. Vote carried  Robin Gazaway. Clay Moss was in attendance for Planning and Zoning.  Presidential Preference Primary.  second by C. Phillips. Vote carried unanimously in favor.  unanimously ini favor. 6. PUBLIC INPUT: None  7. CONSENT AGENDA: Motion to approve the consent agenda for the following items (a) made by S.  Sawyer; second by' W. Ilg. Vote carried unanimously in favor.  a. Approve Minutes  Regular Meeting held February 5, 2024  8. EMPLOYEE RECOGNITION: The Mayor and Council recognized Hunter Simmons for one year of service and Robin Gazaway for three years of service. Clay Moss received the January 2024 Employee of the Month Award and Beverly Banister was recognized for receiving the certificate for  completing the Clerks Masters Education Management Development Program.  PUBLIC HEARING  9. ORDINANCE NO. 01-2024: An Ordinance Of The City Of Dawsonville, Georgia To Enact Impact Fees To Provide Funding For Local Roads, Parks And Recreation, And Other Benefits To The Public; To Provide For Exemptions; To Provide For The Accounting And Expenditure Of Fees; To Provide For The Means Of Appeal; To Provide For Severability; To Provide For An Effective Date; And For Other Purposes. First Public Hearing and First Reading: February 5, 2024; Second Public Hearing, Second Motion to open the public hearing made by M. French; second by W. Illg. Vote carried unanimously  Reading and Consideration to Adopt: February 19, 2024. City Attorney Tallant presented the second reading of the ordinance. inf favor. Mayor Walden conducted the public hearing. The following citizen spoke in favor of the ordinance:  Terri Tragesser, 44 Gold Bullion Dr W, Dawsonville She stated she is ini favor ofi impact fees tos support the growth oft the community and to provide relief tot thet taxpayers. She asked what itv would specifically cover; Attorney Tallant stated the impact fee study recommended impact fees for Parks and Recreation with other ways the City could address roads.  The following citizen spoke in opposition of the ordinance:  Marilyn Sanvi, 660 Gold Créek Dr., Dawsonville - She asked for clarification on the public hearing notice stating it refers to roads, not just Parks and Recreation. Attorney Tallant explained the ordinance imposes an impact fee for Parks and Recreation, however, there is an opportunity int the future fori impact fees to address other things but that is not the ordinance  itself.  Page 1 of3    MINUTES  CITY COUNCIL REGULAR MEETING AND WORK SESSION G.L. Gilleland Council Chambers on 2nd Floor Monday, February 19, 2024 5:00 P.M.  Motion to close the public hearing made by S. Sawyer; second by M. French. Vote carried Motion to approve Ordinance No. 01-2024 as presented made by M. French; second by W. Illg. Councimember Phillips asked who will be collecting the fees; Attorney Tallant stated the City will appoint an Impact Fee Administrator being the Planning & Zoning department who will calculate and collect the fees which will stay with the City in a separate interest bearing account and can only be used for Parks and Recreation purposes. Councimember Phillips stated several developers have offered a fee to the City per lot and the City could use those funds without restriction. Vote carried  unanimously in favor.  three in favor (French, Ilg, Sawyer) and one opposed (Phillips) (Exhibit"A")  WORK SESSION  10. PRESENTATION BY TSW: COMPREHENSIVE DOWNTOWN STRATEGIC PLAN: Beverly Bell from TSW provided a high level overview of the Comprehensive Downtown Strategic Plan and Tate Davis from KB. Advisory Group provided the real estate market analysis and recommendations. 11. DAWSON COUNTY MULTIJURISDICTONAL HAZARD MITIGATION PLAN: City Manager Bolz reported on the process of the hazard mitigation plan update. The County has recently approved the plan to be sent to GEMA/FEMA for approval then the Council and the City will need to approve the  plan by resolution.  BUSINESS  12. OPIOID CLAIM: ENDO BANKRUPTCY: Motion to approve the ENDO bankruptcy settlement plan as recommended by the City's Opioid Claim Counsel made by W. Illg; second by M. French. Vote 12a. CONSIDERATION OF; #BID 24-RFB-007: PURCHASE ANDINSTALLATION ofl IRACING GAMING AND AUDIO PACKAGES: Finance Director Gazaway reported three bids were received and two of the lowest bids did not provide complete bid packages. She recommends awarding the bid to Atlanta Motion to accept the bid for Bid #24-RFB-007 from Atlanta Home Theater in the amount of $207,886.00 to be paid out of the OneGeorgia Special Purpose Grant Fund made by M. French;  carried unanimously int favor.  Home Theater.  second by W. Illg. Vote carried unanimously in favor.  STAFF REPORTS  13. BOB BOLZ, CITY MANAGER: He noted there were six leak adjustments made totaling $1,058.08. He also encouraged the Council to visit the distillery and the restaurant space as they continue the 14. ROBIN GAZAWAY, FINANCE DIRECTOR: Finance Director Gazaway provided the financial reports  buildout of both areas.  representing fund balances and activity through January 31, 2024.  MAYOR AND COUNCIL REPORTS:  Mayor Walden mentioned his gratitude to Anna Tobolski, who was present earlier at this meeting, for her service to the City as a member of the Planning Commission. Mayor Walden asked about the kick-off date for the Farmers Market; City Manager Bolz stated there is a pre-planning meeting At 5:40 p.m. a motion to close regular session and go into executive session for potentialpending litigation was made by' W. Ilg; second by M. French. Vote carried unanimously in favor. At 6:04 pm a motion to close executive session was made by M. French; second by W. Illg. Vote  scheduled to determine start dates.  EXECUTIVE SESSION  carried unanimously in favor.  Page 2 of3    MINUTES CITY COUNCIL REGULAR MEETING AND WORK SESSION G.L. Gilleland Council Chambers on 2nd Floor Monday, February 19, 2024 5:00 P.M.  Motion to resume regular session was made by C. Phillips; second by M. French. Vote carried At 6:06 pm a motion to adjourn the meeting was made by W. Illg; second by S. Sawyer. Vote carried  unanimously ini favor. unanimously in favor.  ADJOURMMENT  Approved this 4th day of March 2024 By: CITY OF DA/WSONVILLE Walden, Mayor A CE Caleb Phillips, Councilmember Post1 1 A20bS0 William Illg, Councilmember Post'2 C Sandra Sawyer, Councilmember Post3 ael Mark French, Councilmember Post 4  Attest:  balsn  Beverly A. Barister, City Clerk  Page 3 of3    STATE OF GEORGIA COUNTY OF DAWSON  AFFIDAVIT OF THE CITY OF DAWSONVILLE MAYOR AND COUNCIL  Mayor John Walden, Councilmember Caleb Phillips, Councimember William Illg, Councilmember Sandra Sawyer and Councilmember Mark French; being duly sworn, state under oath that the following is true and 1. The City of Dawsonville Council meti in a duly advertised meeting on February 19,2024  accurate to the best oft their knowledge and belief:  2. During such meeting, thel Board voted to goi into closed session. 3. The executive session was called to order at 540 p.m.  4. The subject matter oft the closed portion oft the meeting was devoted to the following matter(s) within  the exceptions provided in the open meetings law: (check all that apply)  Consultation with the City Attorney or other legal counsel to discuss pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the City or any officer or employee or in which the City or any officer or employee may be directly involved as provided in O.C.G.A. S 50-14-2(1); Discussion of tax matters made confidential by state law as provided by O.C.G.A. S 50-14- Discussion of future acquisition of real estate as provided by O.C.G.A.S5 50-14-3(b)(1); Discussion or deliberation on the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a City officer or  2(2) and  employee as provided in O.C.G.A. S 50-14-3(b)(2);  Other_  as provided in:  This 19th day of February 2024; By the City of Dawsonville, Mayor and Council:  :  Caleb Phillips, Councilmember Post#1 a Milliam Illg,  A  Mark French, Councimember  Sworn to and subscribed before me this M_dayof Fobohuang 2024. oluuige Signature, Notary Public My Commission expires: Fb 16,2028  M  MY COMMISSION EXPIRES 2/18/2028 COUNTY    Subject Matter: Impact Fee Ordinance First Reading and Public Hearing: 02/05/2024 Second Reading and Public Hearing: 02/19/2024  Date of Adoption: 2/19/2024  ORDINANCE NO. 01-2024  AN ORDINANCE OF THE CITY OF DAWSONVILLE, GEORGIATOI ENACTIMPACT FEES' TO PROVIDE FUNDING FOR: LOCALROADS, PARKS AND RECREATION, AND OTHER BENEFTISTOTHE PUBLIC; TO PROVIDE FOR: EXEMPTIONS; TO PROVIDE FOR THE ACCOUNTING AND. EXPENDITURE OFI FEES; TO: PROVIDE FOR' THE MEANS OF APPEAL; TO: PROVIDE! FOR SEVERABILITY; TO PROVIDE FORAN WHEREAS the City ofDawsonville has the authority under. Article IX, Section II, Paragraph IV of WHEREAS the Georgia General. Assembly has found that "an equitable program for planning and financing public facilities needed to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety, and general welfare oft the citizens ofthe State of Georgia" pursuant to O.C.G.A. $36-71-1; and WHEREAS the City is authorized under O.C.G.A. $ 36-71-3 toi impose development impact fees as WHEREAS this Ordinance has been prepared and considered in accordance with the Georgia WHEREAS, appropriate notice and hearing on the ordinance contained herein have been carried out AND WHEREAS the City finds that development impact fees are necessary ini the City in order to support the orderly growth and development herein and to support the planning and financing of NOW THEREFORE, premises considered, it is hereby ordained by the Council of the City of  EFFECTIVE DATE; AND FOR OTHER PURPOSES  the Georgia Constitution to adopt plans and exercise zoning powers; and  ac condition of development approval; and  Developmental Impact Fee Act, O.C.G.A. $36-71-1 et seq.; and  according to general and local law;  public facilities. Dawsonville as: follows:  1.  Article V Impact Fees of Chapter 11 Taxation of the City of Dawsonville Code of Ordinances is hereby enacted and shall be the text attached hereto as. ExhibitA; 2. Ifa any section, provision or clause of any part of this ordinance shall be declared invalid or unconstitutional, or if the provisions of any part of this ordinance as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions ofthis ordinance not sO held tol bei invalid, or the application ofthis ordinance to other circumstances not sO held to be invalid. It is hereby declared as the intent that this ordinance would have been adopted  Exhibit" "A"    had such invalid portion not been included herein,  3. All laws and parts ofl laws in conflict with this enactment are hereby repealed. 4. This ordinance shall be effective the day following its passage by the Council of the City  ofDawsonville.  EXECOTION ON FOLLOWING PAGE]  Exhibit' "A"    Adopted and Ordained this 19 day of_ Felonang  2024.  CITYOFDAWSONVILL, GEORGIA  CalebPhillips, Councilmember Post1  A  Qelby William Illg,  sg  Ohye SmmECApiha, Pdst3 A tdl Mark French, Councilmember Post 4  Attest:  Béverly'A.Banister, City Clerk  Exhibit"A"    EXHIBITA Article V-IMPACTI FEES  Sec. 11-111.- Short title, authority and applicability.  (a) This chapter shall be known and may be cited as the "The City ofI Dawsonville Impact Fee (b) The Georgial Legislature, through the enactment oft the Georgia Development Impact Fee Act, Georgia Code Title 36-71-1 through 36-71-13, has authorized the City of Dawsonville (the "City") to enact development impact fees for road, parks, library and public safety facilities. (c) This chapter shall apply throughout thei incorporated limits oft the City ofDawsonville.  Ordinance."  Sec. 11-112. - Intents and purposes.  (a) This chapter is intended to assist in the implementation of The City of Dawsonville (b) The purpose ofthis chapter is to regulate the use and development ofl land so as to assure that new development bears aj proportionate share oft the cost of capital expenditures necessary to provide roads, parks, libraries and public safety improvements in the City. (c) This chapter is intended to comply fully with each and every relevant provision oft the Georgia Development Impact Fee Act, Georgia Code Title 36-71-1 through 36-71-13, and shall be (d) Nothing herein shall be deemed to prevent or prohibit private development agreements  Comprehensive Plan pursuant to the Georgia Planning Act of1989.  interpreted and implemented to SO comply. between property owners or developers and the City.  Sec. 11-113. - Rules of construction.  (a) The provisions of this chapter shall be liberally construed sO as to effectively carry. out its purpose toj promote and protect the health, safety, morals, convenience, order, prosperity, and (b) For the purposes of administration and enforcement ofthis chapter, unless otherwise stated in this chapter, the following rules of construction shall apply to the text oft this chapter: (1) In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, summary table, or illustrative table, the text shall control. (2) The word "shall" is always mandatory and not discretionary; the word "may" is (3) Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly  the general welfare oft the City.  permissive.  indicates the contrary.  Exhibit"A"    (4) Thej phrase "used for" includes "arranged for", "designed for", "maintained for",or (5) The word "person" includes an individual, a corporation, aj partnership, an incorporated (6) Unless the context clearly indicates the contrary, where ai regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or" or a. "And"indicates that all the connected terms, conditions, provisions or events shall b. "Or" indicates that the connected items, conditions, provisions or events may apply C. "Either...or" indicates that the connected items, conditions, provisions or events (7) The word "includes" shall not limit a1 term to the specific example but isi intended to extend its meaning to all other instances or circumstances oflike kind or character.  "occupied for".  association, or any other similar entity.  "either...or", the conjunction shall be interpreted as follows:  apply.  singly or in any combination.  shall apply singly but not in combination.  Sec. 11-114.-1 Definitions.  Affordable housing means a dwelling unit offered for sale or rent to low-income persons or very-low- income persons and which: monthly rent or monthly mortgage payments, including taxes and insurance, do not exceed thirty (30) per cent of that amount which represents the percentage oft the median adjusted gross income for low-income persons and very-low-income persons in the  statistical applicable area: for the City ofDawsonville, Georgia. Applicant is aj person applying for the issuance of a building permit.  Building permit is the approval issued by the City of Dawsonville that authorizes the construction or permanent placement ofal building, dwelling or other structure on a site. Capital equipment and/or facility is land, buildings and other improvements that increase the service capacity of aj public facility and have an expected use life of ten years or more. City means the City ofDawsonville, Georgia, and all components and officials thereof. Capital improvement includes land acquisition, site improvements, and capital equipment for road, park, library and public safety facilities, but excludes maintenance and operation. Commencement ofConsiruction: shall mean the pouring ofai foundation. Comprehensive plan means the duly adopted City of Dawsonville Comprehensive Plan. Developer means any person or legal entity undertaking development. Development: means any construction or expansion ofa building, structure, or use, any change in use of a building or structure, or any change in the use ofland, any ofv which creates additional Development approval means any written authorization from the City which authorizes the  demand for public facilities. commencement of construction.  Exhibit"A"    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 Encumber means to legally obligate by contract or otherwise commit to use by appropriation Feepayer means that person who pays a development impact fee or his/her successor in Impact fee administrator means the official designated by the Mayor and City Council to carry Impact fee. study means the. Impact Fee Study, for the ClyofDawsomville, Georgia, prepared by Duncan Associates in 2018, or a subsequent similar study that calculates the maximum impact fees that may be imposed by the City, consistent with the Georgia Development Impact Fee Act. Industrial means an establishment primarily engaged in the fabrication, assembly or processing of goods. Typical uses include manufacturing plants, industrial parks, research and development centers, welding shops, wholesale bakeries, dry cleaning plants, and bottling works. Low-income or very-low-income persons means one or more natural persons, the total adjusted gross household income of which does not exceed 50% of the median adjusted gross income for households within the statistical areai for the City ofDawsonville, Georgia, as reported by the U.S. Department of Housing and Urban Development or its governmental successor in Mobile home park means a parcel of land where space is rented for occupancy by mobile Multi-family means a building with more than one dwelling unit, including duplexes, Nonresidential, floor areai means both the enclosed and open areas ofal building. Enclosed area refers to the total area of all floors ofal building as measured to the exterior walls and including halls, stairways, elevator shafts, porches and balconies, but excluding enclosed parking and loading areas. Open areas are decks or walkways not covered by a roof and which are used for Office means a building not located in a shopping center and exclusively containing establishments providing executive, management, administrative or professional services, and which may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand, or childcare facilities. Typical uses include banks, financial institutions, real estate, insurance, property management, investment, employment, travel, advertising, secretarial, data processing, telephone answering, telephone marketing, music, radio and television recording and broadcasting studios; professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions; interior decorating consulting services; medical and dental offices and clinics, including veterinarian clinics; and business offices of private companies, utility companies, trade associations, unions and nonprofit Present value means the current value of past, present, or future payments, contributions or Public facilities means road facilities, park facilities, library facilities, or public safety  improvements needed to serve: new growth and development.  or other official act oft the City.  interest.  out the administration of this chapter.  function.  homes and/or recreational vehicles.  townhouses, apartments and residential condominiums.  some business-related purpose, excluding areas used for vehicle parking.  organizations.  dedications of goods, services, materials, construction, or money.  Exhibit"A"    facilities, which are defined as follows.  Road facilities means any public street within the city, including State and Federal highways. Park. facilities means a City-owned park providing active recreational opportunities to the Library, facilities means a City-owned facility offering browsing and lending to the public of printed material, audio and video recordings, and internet access and related information services. Public sqfetyfacilities means land, buildings or equipment used: for fire protection, suppression and rescue used by the City or Dawson County's fire department, and emergency communications Private park andlor recreational, facility is an area which is not owned by or dedicated to any governmental entity and is an area designed and equipped for sports and leisure activities but does  public, but excluding greenways and open space preserves.  equipment used for the County E-911 system.  not include areas not readily accessible by the public for such activities. Project means aj particular development on an identified parcel ofl land.  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 oft the improvement: shall control a determination of whether an improvement is aj 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 asystem improvement. Ifan improvement or facility provides or will provide moret 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 aj plan for public facilities approved by the Proportionate share means that portion of the cost of system improvements which is Public/mstitulona means a governmental, quasi-public, or institutional use, not located ina shopping center. Typical uses include elementary, secondary or higher educational establishments, day care centers, hospitals, mental institutions, nursing homes, fire stations, city halls, county court houses, civic centers, convention centers, sports arenas, post offices, jails, libraries, museums, places of religious worship, military bases, airports, bus stations, fraternal lodges, parks, and Retail/commercia means establishments engaged int the: selling or rental of goods, services or entertainment to the general public. Such uses include, but are not limited to, amusement parks, automobile sales and service, bowling alleys, barber shops, building material and lumber stores, car washes, convenience stores, dance studios, discount stores, funeral homes, furniture stores, health clubs, golfcourses and driving ranges, hardware and paint stores, home improvement stores, marinas, miniature golf courses, movie theaters, pharmacies, photocopy and reproduction shops, restaurants, shopping centers, supermarkets, tire stores and vocational or technical schools. Any Service area means a geographic area defined by the City in which a defined set of public Shopping center means a group of retail and/or other commercial establishments that is  governing body oft the City shall be considered aj project improvement. reasonably related to the service demands and: needs of the project.  playgrounds.  land use within a shopping center shall be considered ai retail/commercial use.  facilities provide service to development within the area.  Exhibit' "A"    planned, developed, owned and managed as a single property, with common on-site parking Single-family detached means one dwelling unit, including a manufactured or mobile home, System improvement costs means capital improvement costs incurred to provide additional public facilities capacity needed to serve 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 three percent of the total amount of development impact fee receipts. Projected interest charges and other: finance costs may be included ift the development impact fees are to be used for the payment of principal and interest on bonds, notes, or other financial obligations issued by o1 on behalf of the municipality to finance the capital improvements element but such costs do noti include routine and periodic maintenance expenditures, personnel training, and other operating costs. Road system improvement costs means costs related to capacity-expanding capital improvements tot the: arterial road system, includingi improvements toj pedestrian facilities, bikeways and trails within arterial road rights-of-way, undertaken to accommodate and which will substantially benefit additional vehicular, pedestrian and bicycle traffic resulting from new development. These improvements include, but are not limited to, construction of new through lanes, construction of curbs, gutters, medians and shoulders, widening of existing roads, construction of new drainage facilities in conjunction with new road construction, purchase and installation of traffic signals, including new and upgraded signalization, relocating utilities to accommodate new road construction, construction and reconstruction ofintersections, acceleration Park system improvement costs means capital improvement costs related to the acquisition of additional park land, development of new park facilities, and expansion and improvement of existing park facilities, undertaken to accommodate the additional recreational demands resulting Library system improvement costs means capital improvement costs related to the acquisition and construction of new library facilities, as well as the expansion and improvement of existing library facilities, undertaken to accommodate the additional demands for library services resulting Public sqfety system improvement costs means capital improvement costs related to the acquisition and construction of new public safety facilities, as well as the expansion and improvement of existing public safety facilities and equipment, undertaken to accommodate the additional demands for public safety services resulting from new development. System improvements means capital improvements that are public facilities and are designed toj provide service to the community at large, in contrast to "project improvements." Warehouse means an establishment primarily engaged: int the display, storage and sale ofg goods to other firms for resale, or activities involving significant movement and storage of products or  provided.  located on a separate lot and not attached to any other dwelling unit.  and deceleration lanes, interchanges, sidewalks, bikeways, and trails.  from new residential development.  from new residential development.  Exhibit"A"    equipment, or leasing of dead storage space. Typical uses include wholesale distributors, storage warehouses, moving and storage firms, trucking and shipping operations, mail processing centers,  mini-warehouse, and self-storage facilities.  Sec. Il-115.-Administrative organization and responsibility.  (a) Impact, fee administrator. The impact fee administrator is hereby authorized to interpret and implement all provisions of this chapter and the appropriate ordinances of the City and to carry out the general administration of all impact fees enacted by the City. The impact fee (1) When no equivalent type of] land use is present in the fee schedule in section 11-117(a), the definitions in section 11-114, or the list of uses in section 11-128, and the proposed use is not a previously determined miscellaneous land use per section 11-117(c), the impact fee administrator shall establish: a fee applicable to the most: nearly equivalent type 2) When requested, the impact fee administrator shall interpret the impact fee schedules as they may apply to a particular development using the procedures described in the (3) When requested, thei impact fee administrator shall certify the impact fees applicable toa particular development using the procedures described in the appropriate impact fee (4) With respect to an individual fee determination, the impact fee administrator shall: a. Conduct aj preapplication meeting with the applicant and representatives of b. Review the individual fee determination study for sufficiency, methodology, Establish the amount oft the impact fee as ai result oft the independent study based on (5) Thei impact fee administrator shall determine exemptions from a requirement to pay an (6) The impact fee administrator shall determine the availability of and the amount of any (7) The impact fee administrator shall calculate additional impact fees due in the event of change ofuse, redevelopment, or modifications of an existing use. (b) Other departments. Other departments and offices oft the City shall provide advice, information, or other such services upon the request oft the impact fee administrator. (c) City attorney. The impact fee administrator shall refer all legal matters regarding the administration oft this chapter and the relevant impact fee ordinances to the city attorney.  administrator shall have the responsibility to carry out the following:  ofland use on the fee schedule.  appropriate impact fee ordinance and in this chapter.  ordinance and ini this chapter.  appropriate departments oft the City; technical accuracy and findings; and  the procedures described in the ordinance and in this chapter.  impact fee. refund ofi impact fees.  Exhibit' "A"    Sec. 11-116. Imposition ofimpact fees.  (a) Feepayer. Any person who, after the effective date oft the appropriate impact fee ordinance, seeks to develop land by applying tot the City for any ofthei following. permits shall bei required toj pay an impact fee in the manner and amount set forth in the relevant ordinance and in this  chapter:  (1) The issuance or extension of a building permit, or  (2) Thei issuance or extension of aj permit that would allow the construction or installation of (3) The issuance or extension ofaj permit that would allow the installation or placement ofa  a structure, including ai mobile home and/or temporary structure, or  recreational vehicle.  (b) Payment due.  (1) General. Impact fees shall be paid prior to the issuance of a permit for any activity requiring payment of an impact fee. All payment shall be madei in the following manner: a, Payment by approved credit card, personal or business check, cashier's check, or b. All payments are to be made at offices of the City of Dawsonville, Department of (2) Invalid payment. In the event the payment of impact fees subsequently proves to be invalid due to insufficient funds, improper execution, or for any other reason, then the a. The impact fee administrator shall, within 30 days of detection of such a deficiency, notify the feepayer, the contractor, and the property owner by certified mail that, to I. Ani impact fee amount is due by valid payment immediately uponi receipt ofs said 2. Permits, inspections or certificates will not be issued until the amount is paid and, ifnot paid within 30 days, the impact fee administrator shall have authority toi instruct the City ofDawsonville Department of Planning and Zoning to stop all construction on the site of said building or construction until the payment is b. No further building permits, construction permits, inspections or certificate of use and occupancy (C.O.)shall bei issued by the City until thei required impact feei is paid. The amount due shall be the amount of the impact fees plus the amount charged by the bank for the dishonored payment plus a service charge as established by the City (3) Credit in lieu ofpayment. Ini the event thei feepayer has received approval from the impact fee administrator for credits for construction or dedication ofl land pursuant to section 11- 123 and the credits are provided before completion of the improvements, the feepayer must comply with all requirements as a condition of receiving such credits. Otherwise,  money order payable to the City; Planning and Zoning.  following actions shall bei taken: the last known address: notice;  received.  full payment ofthei impact fee due will be required.  Exhibit"A"    (c) Determination offee.  (1) General. The amount of the impact fee shall be determined by the impact fee administrator, who shall receive assistance from other departments when necessary and appropriate. The impact fee administrator shall determine the amount of the fees due, whether the method of determination is based on the fee schedule contained in the appropriate impact fee ordinance or by independent fee determination study. The calculation of exemptions, refunds, and credits, and the determination oft the net impact fees dues shall also bet thei responsibility ofthei impact fee administrator with the assistance (2) Credits. In lieu of monetary payment, up to 100 percent ofi impact fees due may be paid by the use of credits, as provided in section 11-123. However, road credits may be used only for thej payment ofr road: impact fees, park credits may be used only for thej payment of! park impact fees, library credits may be used only for the payment of library impact fees, andj public safety credits may only be used for the payment of public safety impact  ofappropriate City departments.  fees.  (d) Expiration ofbuilding permits.  (1) Ifaj permit expires, is revoked, ori is voluntarily surrendered and is, therefore, voided and no construction or improvement of land has commenced, then the feepayer shall be entitled to a refund, without interest, ofs 95 percent oft the impact fees which were paid as a condition for its issuance. The City shall retain five percent of the fees to offset the costs ofcollection: and refund. The: feepayer must submit an application for such ai refund tot the impact fee administrator within 30 days oft the expiration oft the permit. Int the case of an expired permit which was obtained in whole or inj part by the use of credits, only that portion not paid by credits may be refunded, and it is from this part that the five Ifa refund has been received by the feepayer, the feepayer must pay the appropriate impact fee ifhe/she reapplies for a permit. Conversely, ifaj permit expires and no refund has been issued, a feepayer will not have toj pay the fee again if! he/she reapplies for the permit on the: same lot, parcel ort tract unless the use or size oft the structure has changed and then the amount due would be the change in the amount of the fee based upon the (3) A credit for previous payment of an impact fee must be requested by the feepayer. Any exemption or credit not sO requested at thet time ofreapplication shall be deemed waived (4) Arefund oft thei impact fee shall not be granted ifthe permit expires and construction has commenced. In this case, the feepayer will not have to pay an impact fee if he/she reapplies for aj permit for the: same type and size of structure. In case ofi reapplication, the (5) The feepayer shall be responsible for requesting any. credits or refunds pursuant to the terms of this chapter. The City will not be responsible for notifying the developer of a right to arefund or credit due to an expired permit. Upon: receipt ofsuch request, refunds and credits will be determined in accordance with section 11-122 and section 11-123.  percent administrative fee shall be deducted.  new structure as contrasted with the original.  by the feepayer.  provisions of section 11-117(g) for change of use shall apply.  Exhibit"A"    Sec. Il-117.-Determimnation ofi fees based on fee schedules.  (a) Payment from schedule. At the option of the feepayer, the amount of the fees can be determined from the schedule of fees listed below, utilizing section 11-129, Impact Fee Calculation Form. Impact fees for nonresidential development shall be converted to a feej per square foot by dividing the fee per 1,000 square feet by 1,000. Any impact fee for a (1) Fee schedule applicable on effective date. The following fee schedule shall apply to new development for which a building permit is issued on or after the effective date of this  development application shall be rounded to the nearest dollar.  ordinance amendment.  Land Use Type Multi-Family Retail/Commercial Office Industria/Warehouse Public/Institutional  Unit Dwelling 1,000 sq. ft. 1,000 sq. ft. 1,000 sq. ft. 1,000 sq. ft.  Parks $1,700.00 $1,700.00  Total $1,700.00 $1,700.00  Single-Family Detached Dwelling  (b) Automatic adjustment. The impact fee schedule shown in subsection (a) above shall be adjusted by the impact fee administrator in April of each calendar year. Unless otherwise directed by the Mayor and Council, any adjustments to the impact fee made pursuant to this section shall be effective the first Monday in October of each calendar year. (1) Thel base for computing any adjustment ist the. January Consumer Price Index  All Urban Consumers for the United States, published by the United States Department ofLabor, (2) Ifthei index is changed sO that the base year is different, the index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau ofLabor Statistics. If the index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the index had not been (3) The current inflation-adjusted fee schedule shall be available at the Department of (c) Determination ofland use type. Ift the type ofd development activity is not specified int thei fee schedules, and is not already on a list of miscellaneous land use types maintained by the impact fee administrator, the impact fee administrator shall apply the fee oft the most nearly equivalent type ofland use on thei fees schedules. The impact fee administrator shall be guided  Bureau ofLabor Statistics.  discontinued or revised. Planning and Zoning.  Exhibit" "A"    int the selection of a comparable land use type by the definitions in section 11-114, the list of land uses in section 11-128, the City of Dawsonville Comprehensive Plan and the land development regulations oft the City. Ini the event that the classification of aj particular use of land into the classification established by the ordinance is unclear, the North American Industry Classification System, United States, latest edition, shall be used as the final authority. The impact fee administrator shall maintain a list of the fees determined (d) Interpretation offee schedules. Individuals may request an interpretation of the impact fee schedules as they may apply to their developments. Ifthei individual requests, the impact fee administrator shall certify thei impact fees duei fort that development ands said certification shall establish the applicable impact fees for such development for a period of180 days from the date thereof. Ifthe feepayer disagrees with the interpretation oft the impact fee schedules, the feepayer may prepare an individual fee determination study in accordance with this chapter (€) Mixed use development. If a development includes both residential and nonresidential uses, thei impact fees aret tol be assessed for each use based ont the: fee schedule and thei results added (f) Mixed use structures. If a structure includes both residential and nonresidential uses, the impact fees are to be assessed for each use individually based on the relevant fee schedule (g) Shell permit. Builders may apply for a building permit to construct the "shell" ofal building. Tenant finish permits arei issued later to finish construction oft the interior ofthe structure. The impact fee shall be paid prior to the issuance of the building permit for construction of the shell. The amount of the fee shall be based on the intended land use as described by the builder. Ifal builder applies for a "shell" permit and the intended land use is not known, the impact fees shall be assessed based on that land use which generates the greatest impact and is allowed under the existing zoning for the lot or parcel. Ifit is found during review of the application for a tenant finish permit that the actual land use differs from the intended. land use as described by the builder, a determination shall be made as to whether or not an additional impact fee is due based on the procedures for change ofuse. Ifso, the additional impact fee shall be paid prior to the issuance ofa a new building permit for the completion of the shell. Ifit is determined that there has been an over-payment of impact fees, a refund would become available pursuant to section 11-122(e) of this chapter. If a shell permit was issued prior to the effective date oft the appropriate impact fee ordinance and left unfinished, no impact fee shall be assessed for tenant finish permits. Subsequent change of use, redevelopment, or modification of the structure may be subject to an impact fee based on the (h) Change ofuse. Ini the case ofa change of use, redevelopment, or modification of an existing use which requires the issuance of a building permit, the impact fee shall be based upon the neti increase in the impact fees for the new use as compared to the previous use. The amount oft the impact fees that is due as ai result of the change in land use shall be determined at the time the feepayer applies for a building permit. The impact fees shall be paid prior to the issuance of al building permit for construction or remodeling. Previous land use shall be the lawful land use physically existing on1 the effective date ofthe ordinance or the current lawful land use. The feepayer shall furnish all documentation required by the impact fee administrator to determine the previous use. Should the change of use, redevelopment, or  administratively for miscellaneous land use types.  and the relevant impact fee ordinance.  together.  and the results added together.  procedures for change of use.  Exhibit' "A"    modification result in a net decrease in the impact, no refunds or credits for impact fees previously paid shall be made. Ift the change of land use does not require the issuance ofa () Accessory 07 auxiliary uses. Generally, no fee shall be assessed for accessory or auxiliary land uses for residential developments, such as a clubhouse or tennis court in an apartment complex, unless it can be established by the impact fee administrator that the land use serves as an individual attraction. However, structures that meet the definition ofa "dwelling" int the City of] Dawsonville Building Code are: not exempted as accessory or auxiliary uses. Mobile homes. When aj person applies for aj permit that would authorize the installation of an mobile home, the feepayer may request a determination by the impact fee administrator as to whether or not ai mobile home (or other dwelling unit) was legally inj place on that lot, parcel, or space prior to the effective date of the ordinance. If so, no impact fee shall be assessed for installation of the mobile home. An exemption will be granted ifi it can be documented that an impact fee has been paid previously for a mobile home on that same lot, parcel, or space. Documentation tol be used by the impact fee administrator may include House moves andi mobile home moves. Impact fees shall be assessed for structures or mobile homes moved from one location to another unless the structure or unit being moved is a replacement of an equivalent use at the new location. If the structure or mobile home sO moved is replaced by an equivalent use at the old location, no impact fee shall be due for the replacement use. In every case, the burden of proving past payment of impact fees, (k) Recreational vehicles (RV's). Reference to recreational vehicles" refers to the recreational vehicle site which has been permitted by an applicable development approval. The development of an RV site, not the issuance of a permit, is the relevant regulatory issue for this chapter and the administration of the impact fee. Recreational vehicle development approval should contain a condition ofapproval providing forj payment ofthei impact fee. The impact fee shall be paid according toi this condition of approval and the: following provisions: (1) No impact fees shall be assessed for "move in" ofa recreational vehicle in an RV park developed prior to the effective date oft the ordinance or that has paid an impact fee. (2) RV's located outside ofR RV: parks shalll bet treated asi mobile homes. RV owners who apply for aj permit, et cetera, shall pay the impact fees at the same rate as a mobile home and  Model homes. Model homes on residentially zoned land shall be charged residential impact fees. Model homes on land zoned for nonresidential use shall be charged nonresidential  building permit, there shall be no requirement toj pay an: impact fee.  utility bills for the period of time in question or tax records.  exemption, or equivalency ofu use rests with the feepayer.  are entitled to the same exemptions as mobile home owners.  impact fees.  Sec. 11-118. - Exemptions and Waivers.  (a) Must be claimed by feepayer. An exemption must be claimed by the feepayer at the time of application for a building permit. Any exemption not SO claimed shall be deemed waived by  the feepayer. (b) Total exemptions.  Exhibit"A"    (1) Exemption list. The following shall be exempted from payment of all impact fees: a. Alteration of an existing building or use of land where the existing use of the propertyi is not changed and therei is no additional heated areai inj residential structures b. The construction ofi residential accessory or auxiliary buildings or structures which The replacement of a lawfully permitted building, mobile home, recreational vehicle, trailer or structure with a new unit, building or structure oft the same type, use and size. If the existing unit, building, or structure is torn down, destroyed by fire or other natural disaster, or otherwise eliminated or moved off the site, or ifthe original structure is converted to a utility building, garage, or other nonresidential or noncommercial use, the replacement structure will be exempt from the payment of impact fees. The permit applicant shall document such replacement. d. An amendment to a development approval provided that the amended development approval does not increase the impact oft the development. A permit which is reasonably not expected to result in any additional residents, visitors, building occupants, customers or employees within the City. (2) Applicant's duty. In applying for the above-mentioned exemptions, it shall be the applicant's responsibility to furnish, as required by the impact fee administrator, all materials and information necessary to validate the exemption including, but not limited  or enclosed or open area: in commercial structures. will not be occupied by residents.  to, the following:  a. Current opinion oft title or title insurance; b. Old and new construction plans;  Official certificate of occupancy and use: records; d. Statements from owner stating past and proposed land use;  Utility bills or receipts; and Tax records.  (c) Exemption based on error or misrepresentation. Exemptions from payment of an impact fee based on error or misrepresentation shall be subject to the provisions for invalid payments (d) Exemptions for vested permit applications. Applicants for vested permits must meet the following requirements in order to obtain and maintain an exemption from the payment of (1) Complete application for permit allowing construction of a building, mobile home installation or recreational vehicle installation. The applicant must submit to the impact fee administrator a completed application form with all necessary attachments, forms, a. Applications for residential building permits must meet all oft the requirements of the items listed on the "Impact Fee Calculation Form," section 11-129. b. Applications for permits for mobile home installation must meet all ofthe requirements oft the items identified on the Impact Fee Calculation Form,"section  found in section 11-116(b)(2). some or all impact fees:  and plans to meet the following requirements:  Exhibit "A"    11-129. 11-129.  C. Applications for permit for recreational vehicle installation must meet all ofthe requirements oft the items identified on the "Impact Fee Calculation Form,"s section d. Applications for nonresidential building permits must meet all oft the items identified ont the Impact Fee Calculation Form," section 11-129. e. The application form must have been reviewed and assigned an application number by the Department of] Planning and Zoning. In addition, the date and time stamped by the Department of Planning and Zoning on the application form must bej prior to (2) The applicant must pick-up the permit within 30 days of the date stamped on the (3) Health department permit review. If the applicant has experienced delays in health department permit review, then a receipt from the Dawson County Health Department documenting that the applicant has submitted to the Health Department both of the following applications on or prior to the effective date ofthe ordinance must bej provided: b. Septic tank permit (application for on-site sewage disposal system permit). (4) Zoning issues. In order for the applicant toj pick-up aj permit within thei required 30 days, itv will be necessary for the impact fee administrator to sign off on the application. Ifthe impact fee administrator determines that a variance may be necessary and applying for one could cause the applicant to lose an impact fee exemption, the impact fee administrator may adjust the relevant time period for at time reasonably sufficient for the (5) Appeals. Applicants whose requests for exemptions from impact fees are rejected may (e) Waivers. The collection of impact fees may be waived for particular development projects that create extraordinary economic development or provide affordable housing, provided the (1) Affordable housing waivers. Applications for affordable housing waivers must comply a. Any person seeking an affordable housing exemption shall file with the City Administrator an application for exemption prior to thei impact fee payment date for the proposed residential construction. The application for exemption shall contain  the effective date of the ordinance or ordinance amendment.  application by the impact fee administrator.  a. Percolation test (soil suitability test); and  applicant toj pursue a variance procedure. appeal the decision pursuant to section 11-123.  following conditions are: met. with the following.  the: following:  i. The name and address of the owner; ii. The legal description oft the residential construction;  ili, The proposed selling price or thej proposed rental price, as applicable; and iv. Evidence that the residential construction shall be occupied by low income  persons or very-low-income persons,  Exhibit"A"    b. Fori residential construction to receive an affordable housing waiver, itr must meet all thei restrictions ofaffordable housing as provided herein, and these restrictions must continue for a period of at least ten (10) years from the date of issuance of the If the residential construction meets the requirements for an affordable housing waiver, and sufficient non-impact-tee funds have been appropriated by the Mayor and Council for this purpose and are available to pay the impact fees for the construction, the impact fee administrator shall transfer the funds into the appropriate impact fee accounts and issue the waiver. The waiver shall be presented d. In the event the residential dwelling unit fails to meet the restrictions of affordable housing as provided herein at any time within the ten-year period following the issuance of the building permit such that the property no longer qualifies as affordable housing, the impact fees in effect at the time of the change in (2) Economic development waivers/Publicly ownedproperties. The Mayor and Council may waive impact fees for] particular development projects that create extraordinary economic development and employment growth, pursuant tot the following provisions. a. The Mayor and Council shall make a finding that thej proposed development would create extraordinary economic development and employment growth. b. The Mayor and Council shall appropriate sufficient non-impact fee revenue to pay Once the above conditions are satisfied, the impact fee administrator shall transfer the funds into the appropriate impact fee accounts and issue the waiver. The waiver d. In addition to the above, the Mayor and Council may waive impact fees for development projects which are owned and operated by governmental entities,  building permit.  inl lieu of payment oft the impact fees.  circumstances shall be immediately due.  for the waiver.  shall bej presented in lieu of! payment oft the impact fees.  including but not limited to the City.  Sec, 11-119.-1 Individual fee determination,  (a) Option of the feepayer. Ifai feepayer shall opt not tol have impact fees determined according to the fee schedule in section 11-117(a), then the feepayer shall prepare and submit an individual fee determination in accordance with this section and the appropriate impact fee ordinance. The utilization ofthis option by the: feepayer shall not exempthim/her: from paying (b) Notice ofintent byfeepayer. The: feepayer shall inform thei impact fee administrator ofhis/her intent to utilize an individual fee determination. The impact fee administrator shall then (c) Pre-application meeting. Before beginning the individual fee determination study, the feepayer or his/her representative shall be given the opportunity to attend a pre-application meeting, upon the feepayer's request prior to the submission of an application, with the impact fee administrator and/or the impact fee administrator's appointee. The purpose oft the  the impact fee prior to the issuance of aj permit.  schedule aj pre-application meeting with the applicant.  Exhibit"A"    pre-application: meeting is to discuss thej procedures ofthei individual fee determination study, the methodology to be employed, and the standards to be met. Results, conclusions, and agreements reached at the pre-application meeting regarding methodology, required forms or documentation, or procedures, which may not constitute a waiver of ordinance provisions, shall be placed in writing by the impact fee administrator within 15 days. A copy of this memorandum shall be sent to the applicant. The agreements set out in thel letter will expire in 30 days from the date of the pre-application meeting unless the applicant acknowledges receipt and acceptance oft the agreements in writing, to the impact fee administrator, within those 30 days. The applicant waives the pre-application meeting if the applicant does not request a meeting before submitting his or her application. Any applicant who waives this pre-application meeting has waived his/her right to administratively raise methodological or  procedural issues at a subsequent time.  (d) Guidelines.  (1) The purpose of the individual determination study is to measure the impact of the development in question on the arterial road system, the park and recreation system, the library system, or the public safety system oft the City to the extent impact fees arel being (2) Ani individual determination study must address the expected impact ofthe development over the projected life of the structures within the development. Any claim that the use or occupancy oft the structures within the development willl be different from normal use or occupancy must be supported by deed restrictions, restrictive covenants or other 3) Thei individual fee determination study shall follow thei methodologies: and formats which are agreed upon during the pre-application meeting and be in accord with the methodology usedi in the supporting impact fee study. Thel methodology int thei impact fee study multiplies the number of service units generated by the land use by the net cost per service unit. The individual fee determination study may only address the expected number of service units to be generated by the development, and shall use the net cost pers service unit contained in the appropriate impact fee study. The service units are daily vehicle-miles of travel for the road impact fees, household residents for the park and library impact fees, and functional population for the public safety impact fees. In the event that the impact fees are adopted at aj percentage less than 100% oft the maximum fees calculated int the impact fee: study, thei individual fee determination study shall apply a. A minimum of three sites for the land use in question should be selected. The selected sites should be single use sites and should, whenever possible, be located b. The site inventory and sites proposed for the survey shall be reviewed by the impact fee administrator. Thei impact fee administrator: must approve the: sites tol be surveyed (4) Thei individual fee determination study shall be prepared and presented by professionals qualified in their respective fields. The methodology shall be consistent with best professional practice and support the central claim of the study. The study shall provide all necessary supporting documentation and information. Failure to adhere to best professional standards is a basis for rejection of the study. The applicant's submission  collected for those uses att thei time ofimpact fee calculation.  appropriate documentation that will support the claim.  the same percentage at which the current fees are adopted.  in the City.  prior to initiation ofa any survey.  Exhibit"A"    must certify that the study complies with best professional practices and this attestation (5) The applicant shall submit the study to the impact fee administrator. This submission (6) The applicant shall provide the impact fee administrator with the name, address and telephone number oft thej property owner, the contractor and the applicant.  shall be sealed where and when applicable. shall begin the 30-day clock referred tol below.  (e) Recoupment ofcost.  (1) The impact fee administrator may require applicants pursuing an individual fee determination to reimburse the City for reasonable non-staff personnel and associated expenses it incurs in order to adequately review and evaluate independent fee (2) The impact fee administrator shall notify applicants in writing if the City intends to obtain and: seek recoupment: fornon-staffpersomnel and associated expenses that it deems (3) Subsequent to notification, the impact fee administrator shall provide good faith  determinations.  necessary to property evaluate the application. estimates of the costs to bel borne by the applicant.  (f) Sufficiency determination.  (1) The impact fee administrator will review the individual fee determination study for sufficiency, methodology, technical accuracy and findings. The impact fee administrator shall have 30 days to review the study and to inform the applicant, in writing, of any deficiencies or defects in the study, or to find the study complete and competent. The notice ofsufficiency or lack thereof shall be mailed to the applicant. Int the event that this notice is not given within 30 days, the study shall be considered complete and competent. (2) Upon receipt of notice of deficiencies or defects in the study, the applicant may modify ors supplement the study and resubmit ai modified study. The applicant shall have 30 days to respond to said notice and/or resubmit a modified study to remedy defects or deficiencies identified in the notice. The impact fee administrator will consider the individual fee determination study to bei inactivei ifthe impact fee administrator does not receive ai response from the applicant within 30 days ofi receipt oft the above notice. (3) Upon receipt ofar response or resubmittal oft the study, the impact fee administrator shall have 30 days toi review thei resubmittal or response and notify the applicant ofany further defects or deficiencies in the resubmittal. If the impact fee administrator finds deticiencies or defects in: aresubmitted study, notice of such deficiencies or defects shall be provided as in subsection (1) above and subsequent responses from applicants shall  ber resubmitted as provided in subsection (2) above.  (g) Determination offee.  (1) The determination oft the amount ofthe applicable impact fee shalll bei made by the impact fee administrator based on his/her review of a competent and sufficient independent (2) If an applicant requests, the impact fee administrator shall certify, as provided in the Georgia Development Impact Fee Act, O.C.G.A. $36-71-4(h), the impact fees due fora a development and said certification shall establish the applicable impact fees for such  determination study.  development for a period of180 days from the date thereof.  Exhibit" "A"    (h) Efective date. The effective date for impact fees assessed by an individual fee determined shall be the date at which the individual fee determination study is found to be sufficient, or (i) Notification offeepayer and appeal. Within 30 days of the determination that the study is deemed competent and complete, the impact fee administrator shall notify the feepayer in writing oft the acceptance, conditional acceptance, or rejection of the request. Ift the feepayer disagrees with the findings of the impact fee administrator, the feepayer may appeal the J) Application, for permit. It shall be thei responsibility oft the: feepayer, at the time of application fora al building permit, toj present the approved individually determined fee as approved by the  30 days after submission ift there is no finding with respect to sufficiency.  decision pursuant to section 11-124. impact fee administrator. Sec. 11-120.-7 Trust funds.  (a) Trust funds established. A trust fund is established for impact fees collected pursuant to this Article. In the event this Article is amended to impose impact fees other than for parks, the City shall establish separate trust funds fori impact fees collected for each category of system (b) Deposit of impact fees into trust funds. All impact fees collected shall be properly identified and promptly transferred for deposit in the appropriate impact fee trust fund to be held in a separate interest-bearing account until expended or encumbered in accord with this chapter.  improvements.  Sec. 11-121. - Use ofimpact fee funds.  (a) Impact fees collected shall be used solely for the purpose system improvements for the type ofpublic facility for which the fees were collected, and shall not be used for maintenance or (b) Funds shall be used exclusively for acquisitions, expansions, or capital improvements within the service area from which the funds were collected. The service area is the incorporated (c) Int the event that bonds or similar debt instruments arei issued: for advanced provision ofc capital facilities for which impact fees may be expended, impact fees may be used toj pay debtservice on such bonds or similar debt instruments to the extent that the facilities provided are ofthe (d) Int the event a developer enters into an agreement with the City to construct, fund or contribute system improvements sO that the amount of the credit created by such construction, funding ord contribution is in excess ofthe impact fee otherwise due, the developer shalll bei reimbursed for such excess construction funding or contribution from development impact fees paid by other developments located in the service area which is benefited by such improvements if (e) At least once each fiscal period the impact fee administrator shall present to the Mayor and Council ai report describing the amount ofimpact fees collected, encumbered and used, and a proposed capital improvement program, which assigns funds, including any accrued interest,  operations.  limits oft the City ofl Dawsonville.  type described in subsections (a) and (b) above.  so provided ini the agreement.  Exhibit" "A"    from the: several impact feet trust funds to specific improvement projects andi related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same impact fee trust funds until the next fiscal period except as provided by the refund  provisions of section 11-122.  A Impact fee funds may be used toj provide refunds.  (g) Funds in the impact fee trust accounts shall be considered expended on a first in, first out  basis.  Sec. 11-122.- Refunds.  (a) Expiration, revocation, or surrender of permit. In the event that a building permit or other development approval for which ani impact fee was paid expires, is revoked ori is surrendered without the commencement of construction, ai feepayer or his/her successors ini interest shall be entitled to a refund, without interest, equal to 95 percent of the impact fee paid. Five percent oft the fee shall be retained by the City to offset the administrative costs of collection and refund. Ini the case of an expired permit or development approval which was obtained in whole ori inj part by thei use ofc credits, only thej portion not obtained by credit may bei refunded. (b) Denial of service. Pursuant to O.C.G.A. $ 36-71-9, in the event that road, park, library or public safety service or access to facilities under the jurisdiction of the City is denied after a road, park, library or public safety impact feel has been paid, the feepayer or his/her successors (1) Before issuance of the refund can be authorized, the feepayer or his/her successors in interest shall submit a written request for refund to the impact fee administrator. This request must be submitted within 180 days of the date oft the denial ofs service or access. (2) In applying: for the refund, its shalll bet the applicant's responsibility to: furnish, as required by thei impact fee administrator, all materials andi information necessary to validate proof of! payment by the feepayer or his/her predecessor ini interest, the date and amount paid, and the permit issued as a result of that payment. The impact fee administrator shall verify whether the impact: feei is refundable and, ifs so, process the applicant's request. 3) Thei refunded impact fee shall bei returned tot the applicant with aj proi rata share ofinterest (c) Trust accounts not expended. Any funds within impact fee trust accounts not expended or encumbered by the end ofthe calendar quarterimmediately following six years from the date the relevant impact fee was paid shall be considered refundable. Funds shall be deemed expended or encumbered when a contract or agreement obligating those funds is approved (I) When funds have not been expended or encumbered within the appropriate period, the impact fee administrator shall provide written notice of an entitlement to ai refund to the feepayer whoj paid the development: impact fee at thel last known address or to as successor ini interest whol has given notice ofname and address to City ofDawsonville, Department ofPlanning and Zoning, ofat transfer or assignment ofthe rightorentitlement: to ai refund and who has provided a mailing address. Such: notice shall also be published within 30 days after the expiration oft the: six-year period after the date that the development impact fees were collected and shall contain thel heading "Notice ofEntitlement to. Development  ini interest shall be entitled to ai refund oft the applicable impact fee.  actually earned on the amount tol be refunded.  by the City.  Exhibit" "A"    Impact Feel Refund."  (2) Before issuance oft the refund can be authorized pursuant to this section, the feepayer or his/her successor in interest shall submit a written request for refund to the impact fee administrator. This request must. be submitted within one year of the time such refund becomes payable under this section or within one year of publication of the notice of entitlement to a1 refund, whichever is later. All rights to a refund shall be deemed waived (3) In applying for the refund, it shall be the applicant's responsibility to furnish, as required by the impact fee administrator, all materials and: information: necessary to validate proof ofp payment by the feepayer or his/her predecessor ini interest, the date and amount paid, and the permit issued as a result of that payment. The impact fee administrator shall verify whether the impact fee isi refundable and ifs so, process the applicant's request. (4) Any impact fee to be refunded under this section shall be made to the feepayer with a pro rata share ofinterest actually earned on the unused or excess balance within 60 days of after it is determined that sufficient proof of claim for ai refund has been made. Any trust fund balance not sO refunded shall bet transferred to the General Fund ofthe City of (d) Termination. In the event that the imposition of an impact fee is terminated in aj portion or in the whole ofthe City, the trust account balance(s) for that area shall be considered refundable upon application oft the feepayer or his/her successor in interest. No refunds of fees will be provided for in the event the fees collected have been expended or encumbered or if a (1) Within 30 days following the effective date of this termination, the impact fee administrator shall provide written notice of an entitlement to a: refund to the feepayer whoj paid the development impact fee at the address shown on the application for aj permit ort to a successor in interest whol has given notice toi the City ofDawsonville, Department ofPlanning and Zoning, ofat transfer or assignment oft the right or entitlement to ai refund and who has provided ai mailing address. Such notice shall contain the heading Notice (2) Before issuance of the refund can be authorized pursuant to this section, the feepayer or his/her successor in interest shall submit a written request for refund to the impact fee administrator. This request must be submitted within one year of the time such refund becomes payable under this section or within one year of publication of the notice of entitlement to ai refund, whichever: is later. All: rights to a refund shall be deemed waived (3) In applying for the refund, it shall be the applicant's responsibility to furnish, as required by thei impact fee administrator, all materials and information: necessary to validate proof of payment by the feepayer or his/her predecessor in interest, the date and amount paid, and the permit issued as a result of that payment. The impact fee administrator shall verify whether the impact fee is refundable and: ifso, process the applicant's request. (4) Fees available for refund shall be prorated over those eligible applicants submitting proper application for refund. Ini no case: shall the applicant receive ai refund greater than the amount originally paid plus aj pro rata share ofinterest actually earned on the impacts fees to be refunded. Any trust fund balance not sO refunded shall be transferred to the  ifr requests are: not timely received.  Dawsonville.  feepayer or his/her successor in interest does not request such a refund.  ofEntitlement tol Development Impact Fee Refund."  ifrequests are not timely received.  General Fund of the City ofDawsonville.  Exhibit"A"    Holders of impact fee credits shall be considered feepayers for purposes ofi refunds  under this termination procedure.  (e) Overpayment. A refund, without interest, will be made ifit is determined by the impact fee  administrator that an overpayment ofimpact fees has occurred.  Sec. 11-123.-( Credits.  (a) General conditions. Generally, an applicant may obtain credit fort up to 100 percent ofimpact fees otherwise due or to become due by offering to dedicate land and/or construct improvements for City approved projects. Tor receivead credit, applicants must file an Impact Fee Credit Application" as set forth in section 11-130 and provide required information and documentation as required by this section or as determined necessary by the impact fee administrator. Any claim for credit must be made no later than the time of application for an applicable permit. Any right to claim credits shall be deemed waived ifr not timely made. (1) Credits may be available for all required dedications of land or construction of capital improvements or all voluntary dedications of land or construction of capital improvements ifsuch serves aj publici need as defined by the CityofDawsonville Capital Improvement Element of the City of Dawsonville Comprehensive Plan. Furthermore, credits will only be issued for the dedication of land or construction of a capital improvement ifs such: meets the criteria, as defined ini thel Impact Fee Act, the City impact Credits shall bei issued on aj proi ratal basis against impact fees otherwise due or tol become due for the development that prompted the City to require such dedications or that is  fee ordinances and this chapter. subject toi impact fees. (2) No credit shall be given for:  a. Improvements or land dedications that are: not in the adopted capital improvement b. Improvements deemed to bej project improvements pursuant to a City development orzoning approval, and pursuant to the City impact fee ordinances; or Improvements which do not meet City or state design standards, whichever is d. Improvements or land dedications for which compensation has previously been e. Private recreational facilities, except as provided in section 11-123(c);  element oft the City's comprehensive plan;  applicable;  given by a governmental body;  Private police protection or security services; B Private public safety or rescue services; or  h. Land dedication for or improvements of] local or collector roads.  (3) The authority to determine credit lies exclusively with the City. In every case impact fee credits shall be calculated sO as to be consistent with O.C.G.A. $3 36-71-1 through 13.  (b) General documentation and procedures.  Exhibit"A"    (1) Application) ford credit in general.. An offert toi make capital improvements or dedicate land in lieu of paying impact fees shall be made in an application filed with the impact fee administrator identifying the capital improvements and/or land dedications for which a. The applicant shall specify the dollar amount of the credit requested. The credit claimed by the applicant as the basis for the credit requested shall be no more than fair market value as determined by the impact fee administrator. Iti is the obligation of the applicant to submit documentation to the satisfaction of the impact fee administrator that supports the amount oft the credit requested and indicates thel basis b. An applicant claiming credit for eligible capital improvements and/or land dedication shall timely provide required information and documentation to the impact fee administrator during development review or prior to application for the (2) Application for credit for construction of capital improvements. The applicant shall submit a project description in sufficient detail and with cost estimates prepared by qualified professionals, to allow the impact fee administrator to verify the cost estimates a. Invoices or other appropriate documents delineating costs claimed as a basis for the b. The method of attribution of any general costs to thei improvement for which credit is requested. In no case shall the cost for design, engineering, contingencies and  credits are requested.  on which the amount requested was calculated.  issuance ofbuilding permits, as set out below.  and make a credit determination. The application shall include:  requested credit, and  overhead constitute more than 15j percent of the credit granted.  (3) Application, for credit for land dedication.  a. Thei impact fee administrator shall coordinate and consult with the City attorney in reviewing an application for land dedication and determine what documentation is  needed for accepting an offer of dedication of land.  b. The application shall include:  1. Atitled opinion issued tot the City certified by al licensed State ofGeorgia attorney and rendered within 60 days of submission thereof, the content of which is satisfactory to the City attorney and verifying that the proffered deed will 2. Acertified copy oft the most recent assessment of the property for tax purposes. The impact fee administrator may determine credit values based on 115 percent 3. Applicants may submit aj property appraisal for consideration by the impact fee administrator, as prepared by a certified appraiser licensed to do business in the State of Georgia. Inj preparing the: reports, appraisers shall value the land in the If the dedication is made pursuant to a condition of zoning approval, is not a project improvement and the zoning condition does not specifically prescribe otherwise, thel land shall be valued based upon the: zoning oft thel land asi it existed prior tot the zoning approval which contains the condition of dedication; or  convey unencumbered title to the appropriate entity; of the most recent tax assessment value; and  following manner:  Exhibit"A"    Otherwise, appraisers shall value the land at its then current: zoning and without any enhanced value which could be attributed to improvements on adjacent lands.  (4) Determination and issuance of credits. If the City accepts such an offer, whether the acceptance is before or after the effective date of the appropriate impact fee ordinance, the a. Written determination and certification in general. The impact fee administrator shall determine the credit for construction of capital improvement or land dedication in a certified written report. The impact fee administrator shall provide the applicant with a copy ofthe written report certifying the determination ofthe credit to bej provided. 1. The credit determination shall be based upon the cost estimates and other documentation provided by the applicant; or if the impact fee administrator determines that such estimates or documentation submitted by the applicant are either unreliable or inaccurate, then upon alternative engineering criteria, construction cost estimates, or property appraisals through the use of the 2. The written determination shall include the following: Whether the credit is provided for park and recreation, library or public safety impact fees; the dollar amount ofthe credit; the reason fort the credit; thel legal description or otheradequate description of the project or development to which the credit may be applied; and the terms upon which such credit will be issued, including compliance with the b. Determination of credit for dedication ofland or construction of capital improvement. The impact fee administrator shall determine credits for the dedication ofland on the following values: 115j percent of the most recent assessed value for purposes of property taxation; or at the option oft the applicant, by fair market value determined by the impact fee administrator, based on an appraisal accepted by the impact fee Thei impact fee administrator shall determine credits for the construction ofa capital improvement from the engineering criteria and/or construction cost estimates as provided by the applicant and accepted by the impact fee administrator.  credit shall be determined and provided in the following manner:  methodology described in the relevant ordinance.  provisions of this chapter.  administrator.  Issuance ofcredits.  1. Once the impact fee administrator has made a credit determination, a certification ofthe determination shalll bej provided to the applicant. The applicant shall sign and date the certification and return the document to the impact fee administrator, which shall be binding on the applicant as to the terms and conditions of the credit. 2. Land dedication. Once the amount and terms of the credit are determined, credits will bej provided when the following procedures have been satisfied: document, as approved by the City attorney, to the City;  The delivery of a fully executed deed or other appropriate conveyance ii. Sufficient funds to pay all costs of transfer of title and taxes, including  recording fees;  Exhibit' "A"    iii. Payment ofall property taxes due for the current year;  iv. Receipt of quit claim deeds or other documents sufficient to release all liens V. Receipt ofall other appropriate documentation sufficient to ensure conveyance  identified int thet title certificate;  ofclear title, free and clear ofany encumbrances; and vi. Acceptance oft the dedication by the City Council.  d. Construction of capital improvements. Credit for construction of capital improvements may bei issued 1) after the completion of the approved project; 2) or before completion in accordance with the following conditions. All credits are conditioned upon compliance with all applicable and then current City, state and federal design, specifications, procedures, inspections, policies, laws and regulations. 1. Thej project is substantially completed and accepted by the City; and 2. A maintenance bond, performance bond, warranty bond, letter of credit, maintenance agreement or other document as may be required is received by the  Upon completion, credits will be issued when:  City and approved by the City attorney.  Prior to completion, the applicant must comply with the: following:  1. The feepayer shall submit to the impact fee administrator on appropriate forms a surety performance bond or an automatically renewable, irrevocable letter of credit for an amount equal to 100 percent of the full amount of the cost of construction. Thej performance bond or letter of credit shall be payable to the City and in aj proper 2. The performance bond shall be issued by a good and sufficient surety registered in and licensed to do business in the State of Georgia, for the purpose of securing faithful performance oft the construction and to indemnify the City for any damages associated with failure to satisfactorily perform construction inl lieu ofimpact fees; and shall be effective for one year after completion of the construction project; 3. Al letter of credit, pursuant to subsection 1. above, shall be automatically renewable unless notice of intent to cancel or not to renew is given to the impact fee 4. The impact fee administrator shall be entitled to declare default and collect the full amount of the letter of credit or take action on the performance bond in the event a. anotice to cancel or intent not to renew prior to completion of construction is b. the City determines that construction has not been performed within the terms of the agreement and this Code. Ifthe costs incurred by the City to complete the construction exceed sums available under the letter of credit or performance bond, then the City reserves all available rights in law and equity  form, as reviewed and accepted by the City attorney;  administrator not later than 90 days prior to the renewal date;  that  received; or  tor recover its damages.  e. Increased credits for construction of capital improvements. In the event that actual construction costs for agreed upon improvements exceed estimates used in credit  Exhibit" "A"    determination, thei feepayer may request in writing that the credit be increased to account for such additional costs. Feepayer shall provide the impact fee administrator with sufficient documentation to substantiate and justify such request. Any increase in credit shall be made at the discretion oft thei impact fee administrator ifit is determined that an (5) Transferability of credits. Impact fee credits shall not be transferable from one project or development to another unless sO provided for in a development impact fee agreement with (6) Withdrawal of offer by applicant. Any person who offers land and/or improvements in exchange for credits may withdraw the offer of dedication at any time prior to the transfer of legal title to the land or improvements in question and pay the full impact fees required by 7) Cancellation of credit. Once used, credits shall be canceled and shall not be reestablished even if the permit for which they were used expires without commencing construction. (8) Credit for private park or recreation, facilities.. An applicant may apply for credit against park and recreation impact fees otherwise due for private park or recreation improvements by filing a "Parks and Recreation Application for Impact Fee Credit for Private Recreation Facilities," section 11-131. In no circumstance shall credit for private park or recreation facilities exceed 50j percent oft the park and recreation impact fees otherwise due. (9) The private park or recreation facilities for which credit is sought must serve a public recreational need and, the private park or recreation facilities for which credit is sought must be consistent with thej park and recreational provisions within the City'scomprhensive plan. (10) An applicant wishing to receive credit for private recreational facilities shall submit ai request  increase is justified.  the City.  the appropriate impact fee ordinance.  Credits issued in lieu of payment of impact fees shall run with the land.  tot the impact fee administrator. This request must contain:  An inventory oft the private park and recreation facilities for which credit is sought,  including:  a. Thei nature or use oft the park or recreation area;  b. The size of the facilities and the equipment or apparatus available to the users; Thea availability ofthe spaces 01 facilities to development residents or occupants and the availability oft the spaces or facilities to the general public; d. The public park or recreation purpose that is served by the private facility; and e. The park and recreational provisions of the City's comprehensive plan that are (11)The impact fee administrator shall consult with the City's Director of Planning and Zoning and the City's Director ofRecreation and Parks on the application for credit. After review, the impact fee administrator shall, within 30 days, notify the applicant ofthei results ofthei review. If the request for credit is granted, the impact fee administrator shall notify the applicant of the granting and provide al letter stating the percentage of the park and recreation impact fee that would be applicable to the subject development, The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate and return such signed document to the impact fee administrator before  furthered by the private facilities.  Exhibit"A"    credit will be given. Ift the applicant fails to sign, date, and return such document within 30 daysofreceipt, thei impact fee administratorwill consider the credit application tol bei inactive. (12)The decision oft the: impact fee administrator may be appealed as set out in section 11-124,  Sec. 11-124.-Appeals. (a) Procedure.  (1) Request for reconsideration. If the applicant or feepayer is dissatisfied with a final decision from thei impact fee administrator, deemed suchl by the impact fee administrator, an applicant, within 15 days of that final decision, may ask for reconsideration by the impact fee administrator by submitting a letter by overnight delivery or certified mail which explains thei nature oft the feepayer's disagreement with the decision oft the impact fee administrator. On the basis of the feepayer's letter and the recommendation of the other departments, the impact fee administrator shall, within 15 days of the receipt for the request for reconsideration, provide a written determination with respect to the (2) Appeal to the Mayor & Council. All appeals from the impact fee administrator's determination shall be taken within 15 days oft the impact fee administrator's decision on thei request fori reconsideration by submitting to thei impact fee administrator by overnight delivery or certified mail aj notice of appeal specifying the grounds therefor. The impact fee administrator shall transmit to the Mayor and Council all papers constituting the record upon which the action appealed from is taken. The Mayor and Council shall thereafter establish aj reasonable date and time foral hearing on the appeal, give due notice thereof, and make a determination on the appeal within a reasonable period of time following the hearing. Any applicant or feepayer taking an appeal shall have the right to appear at the hearing, to present their arguments through documentation and/or oral (3) Judicial remedy. Nothing in this chapter or in the impact fees ordinances is intended to preclude any applicant who is dissatisfied with the determination of the Mayor and Council: from seeking ajudicial remedy pursuant to the applicable state statutes regarding  request for reconsideration to the applicant or feepayer.  presentation, and may be represented by counsel.  appeal procedures.  (b) Payment of impact fees pending appeal.  (1) The permit applied for will not be issued unless the impact fee as determined by the impact fee administrator is] paid in full, regardless of an appeal by an applicant. (2) Any reduction of impact fees resulting from a successful appeal shall be by refund of any excess amount paid at the time oft thei issuance ofthej permit. No interest will be paid  on ai refund of any such overpayment.  Sec. 11-125. - Enforcement. (a) Misdemeanor.  (1) Knowingly furnishing false information on any matter relating to the administration of the impact fees ordinances to the impact fee administrator, or any designee, shall  Exhibit"A"    constitute a violation thereof.  (2) A violation of the impact fee ordinances shall be a misdemeanor punishable according tol law. Staffoft the City who are aware of such violations shall present their evidence to the City's code enforcement officer and/or the City of Dawsonville Police Department (b) Code enforcement. In addition to the enforcement provision in subsection (a) above, those authorized to enforce City of Dawsonville codes and ordinances may be requested by the impact fee administrator and/or the City attorney to enforce specified provisions ofthe impact (c) Penalty provision. A violation of this chapter shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction, the violator shalll bej punishable according tol law; however, in addition to or in lieu ofany criminal prosecution the City ofDawsonville shall have the power to suei in civil court to enforce thej provisions of this chapter.  forinvestigation and possible issuance of a citation.  fee ordinances.  Sec. 11-126.-) Review.  Thei impact fee study, the impact fee schedule set forth in section 11-117, this chapter and the administration oft thei impact fee system shall bei reviewed by the Mayor and Council at least once  every two fiscal years to determine if any updates or revisions are. needed.  Sec. Il-27.-Amendments.  All additions or changes to this chapter shall be subject to review and approval by thel Mayor and Council as amended items during the regular meetings of the Mayor and Council. Copies of this chapter as revised and approved by the Mayor and Council, and any subsequent amendments approved by the Mayor and Council, shall be made available to all City staff who administer impact fees and shall be made available to members of the general public, upon request, at  designated locations in the City. Sec, 11-128.-1 Land Use Categories  The following list of specific land use types within each fee schedule land use category is intended to provide guidance to the impact fee administrator in determining the appropriate  classification ofp proposed land uses. (a) Single-Family Detached (per dwelling unit) (1) Single-family detached (2) Manufactured or mobile home subdivision  (3) Manufactured or mobile home on a separate lot outside ai mobile home park  (b) (b)! Multi-Family (per dwelling unit) (1) Single Family Attached (Townhouse)  (2) Villa (3) Duplex  Exhibit"A"    (4) Apartment (5) Condominium (6) Triplex (7) Fourplex  (8) Retirement community (ifmulti-family dwelling units)  (9) Accessory apartment (c) Mobile Home Park (per space) (1) Manufactured or mobile home park Recreational vehicle park land use permit (1) Shopping center (2) Freestanding retail (3) Specialty retail center (4) Supermarket (5) Drug store or pharmacy Department store Discount store (8) Hardware/paint store (9) Furniture store 10)Clolingp-parelabe store (11)Jewelry/watch store (12)Automobile sales or service (13)Fast food restaurant (14)High-tumover, sit-down restaurant (15)Quality restaurant (16)Bar or night club (17)Convenience store (18)Gas station/service station (19)Car wash (20)Barber shop (21)Beauty salon (22)Shoe repair shop  (3) Recreation vehicle that requires building permit for electrical hook-up, etc.) as well as  (d) Retail/Commercial (per square foot of gross floor area)  Exhibit' "A"    (23)Dry cleaners (24)Amusement, park (25)Bowling alley (26)Dance studio (27)Fitness center (28)Funeral home (29)Golfcourse or driving range (30)Marina (31)Movie theater (32)Vocational or technical school (33)Hotel or motel (34)Bed and breakfast inn (35)Boarding or rooming house (36)Campground  (37)Commercial. recreational facility, outdoor (38)Plant nursery or retail greenhouse (39)Shooting range, commercial (e) Office (per square foot of gross floor area) (1) General office building (2) Medical office or clinic (3) Dental office (4) Optician (5) Chiropractor (7) Investment broker (8) Attorney (9) Accountant (10)Real estate (11)Insurance (12)Engineering (3)Government agency (14)Corporate headquarters (15)Office park (16)Research center  (6) Veterinarian or kennel (except large animal, agricultural services)  Exhibit" "A"    (17)Financial institution (18)Bank (walk-in o1 drive-in) (19)Savings and loan (walk-in or drive-in) (20)Radio or television recording or broadcasting studio  21)Telemarketing  (22)Software development or support (23)Business office ofnonprofit organization Industrial (per square foot of gross floor area) (1) Light or heavy industrial (2) Manufacturing (3) Mining or extraction (4) Assembly plant (5) Bottling works (6) Dry cleaning plant (7) Industrial park (8) Printing plant (9) Research and development center (10) Welding shop (11)Wholesale bakery (1) Storage warehouse (2) Wholesale distributor (3) Moving and storage (4) Mini-warehouse (5) Salvage yard orj junk yard (6) Mail processing center (7) Wholesale Greenhouse (8) Materials recovery facility  (g) Warehouse (per square foot of gross floor area)  (h) Public/Instiftutional (per square foot of gross floor area) (1).1 Elementary, secondary or higher educational establishment  (2) Day care center (3) Hospital (4) Mental institution (5) Nursing or convalescent home  Exhibit' "A"    (6) Jail (8) Fire station (9) City hall (10)County court house (11)Civic center (12)Convention center (13)Sports arena (14)Postoffice (15)Jail (16)Library (17)Museum (8)Placeofreligious worship (19)Military base (20)Airport (21)Bus station (22)Nonprofit club orl lodge (23)Park or playground (24) Water or sewage treatment plant (25)Recycling collection point or recycling plant (26)Solid waste landfill or handling facility (27)Public utility facility  (7) Other institutional group quarters (congregate living facility, dormitory)  Exhibit' "A"    Sec. 11-129.- - Impact Fee Calculation Form  City ofDawsonville  IMPACTFEE CALCULATION FORM  SECTION1  Property Owner Permit Reference Number Property ID: Number  Contractor Permit' Type Job. Address  Thei impact fees calculated herein have been determined based on the fee: schedules adopted in the City of Dawsonville Code Impact Fee Ordinance. This formi is authorized only for those building projects expressly identified above. Changes or modifications to thel building referred to above or amendments to thei impact fee schedules contained int the City of Dawsonville Impact Fee Ordinance shall render this calculation form null and ANY CLAIM FOR CREDIT OR EXEMPTION MUST BE MADE NO LATER THAN THE TIME OF APPLICATIONI FORA AI BUILDING: PERMITOR: PERMITI FORMOBILEI HOME NSTALLATONANYCAM  void.  NOTS sO MADE: SHALLI BE: DEEMED WAIVED.  Signature  Date> TO_ TO_ TO_  LANDI USE CATEGORY No. of Dwelling Units  (IfChange, FROM (IfChange, FROM  Nonresidential Sq. Feet (fChange, FROM CHANGE INI LAND USE CATBGORY? SHELL PERMIT? CREDIT REQUESTED CATEGORY REVIEW REQUESTED INDIVIDUALI FEE APPLICATION  ()YESO)NO ()YESO)NO OYES*O)NO ()YES*()NO ()YES*OONO  *IF YES IS CHECKED, DETERMINATION MUSTI BEI MADEI PRIOR'T TO: RELEASE  Exhibit" "A"    PLANNINGANDZONING RELEASE,  DATE:  PARKS IMPACTFEE unitsx$_  Parks Impact) Fee Parks Credits Applied Net Parks Impact) Fees  per unit  TOTALIMPACTYEES  Totall Net Impact Fees Due  Exhibit" "A"    SECTION2. IMPACT: FEES COLLECTION Tol be filled out by Department of] Planning and Zoning:  The total Impact Fees calculated in Section loft this form and shown) here in Section: 21 have been paid in full:  Amount: Date: Check Number:  $  Cashier Signature  Ini the event of possible refund of] Development Impact Fees paid, please provide the following names and addresses:  Property Owner Name  Property Owner Address  Impact Fee Payer Name  Impact Fee Payer Address  Contractor Name  Contractor. Address  Exhibit" "A"    Sec. 11-130. Impact Fee Credit Application  City ofDawsonville IMPACTFEE CREDIT APPLICATION  CREDIT REQUEST  The City ofI Dawsonville development impact fee ordinances provide for the donation of property or the construction of facilities in lieu of impact fee payments for development projects within the City. Accordingly, you are hereby  requested to review the submitted documentation to determine the applicable credit, ifa any.  Name ofApplicant Street Address City, State, Zip Code Permit Number Approval Date CREDITTRANSFER transferability ofi impact fee credits.  Applicants for transfer ofi impact fee credits must attach a copy of thei impact fee agreement approving the  Account Number  Amount  The above impact fee credit account has previously been established for the undersigned tol be used to offset impact fee assessments in the City of] Dawsonville, Georgia. Accordingly, you are hereby requested to transfer these credits  asi identified above.  Credit Holder's] Name  Signature  Date  Exhibit" "A"    APPLY CREDIT  Account Number  Service. Area  Amount  The above impact fee credit account has previously been established for the undersigned to be used to offset impact fee assessments int the City of] Dawsonville, Georgia. Accordingly, you arel hereby requested to apply these credits as  identified above to:  $ Amount  Account Number Subdivision/Project Name:  Service Area  Thank youi for your prompt attention tot the above request..  Credit Holder'sl Name  Signature  Date  DEPARIMENTALUSE: ONLY --Approved Amount-  Name  Title  Date  Exhibit' "A"    Sec. 11-131.-Applieation for Parks and Recreation Credit for Private Facilities  City ofDawsonville  APPLICATION FOR PARKS. AND RECREATION IMPACT FEE CREDIT. FOR PRIVATE FACILITIES  The City of Dawsonville development impact fee ordinances establish that park and recreation impact fees otherwise due may be reduced in recognition of the public benefit resulting from certain private park 01 recreational facilities. The impact fee administrator will review the  following to determine the amount of reduction, ifany, to be approved.  DEVELOPMENT  Please provide the name and location oft the development and name oft the agent. PRIVATEI FACILITIES: The private facilities provided are:  Name Name Name Are these facilities: Open to the public? Open to all esidentsy/Occupants, PUBLIC PURPOSE  Location Location Location  Use Use Use  Size Size Size  ()Yes ()No )Yes ()No  What public purpose is met by the provision of these private facilities? Please refer to the City of  Dawsonville Comprehensive Plan ini responding.  Exhibit"A"