Model proportionate-share development fee ordinance

This chapter reviews the principles of proportionate-share development fee design. It presents a model ordinance, which is adapted from several developed for use in the State of Florida where there is no comprehensive impact fee statute. The chapter details an impact fee ordinance adopted by the City of Canton, Georgia. Projects approved after adoption date and issued building permits on or after the effective date are usually assessed impact fees. The impact fee program must be continually updated to reflect data such as assumptions, facility cost estimates, growth patterns and rates, and demographic changes. Impact fee assessments will be kept current and less subject to adverse court review. Various schemes are used to assure that contributing development benefits from the facilities it helps to finance. Two factors dominate consideration of impact fee program enforcement: Timely payment of impact fees and consistency of development with permitted activity.