"A municipal or county development impact fee ordinance may exempt all or part of particular development projects from development impact fees if:

1. Such projects are determined to create extraordinary economic development and employment growth or affordable housing;
   
2. The public policy which supports the exemption is contained in the municipality's or county's comprehensive plan; and
   
3. The exempt development's proportionate share of the

So, what has happened since the March 13 approval of that resolution?

First, Representative Steve Stancil has allegedly responded to some members of the Commission that he believes the intent of the bill as passed in 1990 was to allow any jurisdiction to exempt any new category of development, so long as it was consistent with public policy as stated in the comprehensive plan (see #2 above).  Representative Stancil's interpretation, if correct, would mean our requested amendment would be unnecessary.  Our County Attorney, Mark Mahler, the law firm who is representing the County in the suit brought against our Impact Fee ordinance, the Georgia Department of Community Affairs, our Impact Fee Consultant, and the City of Roswell all contend that O.C.G.A. 36-71-4(l) is properly interpreted so that all three criteria must be met, not #1 plus #3 or #2 plus #3.

At their subsequent meeting on March 27, the Commission approved by a majority (with Commissioner Johnston and myself dissenting) to hold public hearings as necessary to amend our local Impact Fee ordinance to exempt houses of worship and also to refund all Impact Fees paid by that category of development since the inception of the ordinance on May 1, 2000.

By the time you read this in early May, you may know the outcome of the lawsuit, which is scheduled to go to court on April 17 and 18.  I trust that by then the Board of Commissioners will have taken no further formal action to amend its ordinance to provide this exemption.  To do so before that court date may complicate the case.

I also hope that the majority of the Commission can be persuaded that the professional and legal opinions that we have received to date clearly show the illegality of any exemption of churches or similar organizations by the County Commission, and that the only legal option is legislative change at the state level.

I have always been taught at home and in church that it is wrong to break the law.  I may not like the speed limit on a given road, but I may not violate that limit.  Citizens and elected officials are alike here -- we all must obey the law.  Our only right -- proudly held as American citizens -- is to legally work to change the laws we do not like.  County commissioners are actually state officials, sworn to uphold -- not violate -- the laws of the State of Georgia.

To create local legislation in clear violation of state law would render our original local ordinance illegal.  We should not risk losing the funds receivable from new development, funds to maintain the infrastructure at the same level as existed prior to the new development using it.  Losing the Impact Fee funding, which will exceed $2.5 million a year, will require our citizens to live with a declining quality of infrastructure or to accept higher property taxes to make up the difference.

I still maintain that Impact Fees are a fair way to help make development "pay its way" in Cherokee County.  Future property taxes to be paid by new development will only contribute to the operating costs of our infrastructure, not the 'bricks and mortar.'  My hope is that the County Commission will not jeopardize this equitable, long term source of funds, in order to take a hurried action that seems to be politically popular in the short term.

system improvement is funded through a revenue source other than development impact fees."  O.C.G.A 36-71-4(l)

On March 13, the Cherokee County Board of Commissioners unanimously approved a resolution requesting that the Cherokee County legislative delegation "should endeavor to amend the Georgia Impact Fee legislation to allow the exemption from Development Impact Fees of any facility constructed for the direct use of a 501(c)3 organization, in addition to the present exemptions for affordable housing and extraordinary economic development."

I want to share with you my logic in drafting this resolution, as there is disagreement on the Board of Commissioners on the proper way to deal with churches' appeal of impact fees.

1. The only categories of projects which are exempt from Impact Fees by Georgia law are extraordinary economic development and employment growth and affordable housing.
   
2. The Cherokee County Development Impact Fee Ordinance adopted April 25, 2000 must not violate Georgia law.
   
3. If the Cherokee County Board of Commissioners, acting on the desire of the perceived majority of the residents of Cherokee County, wishes to grant exemptions of any other type of development project, it may not violate state law by approving an ordinance in violation of state law.
   
4. Therefore, if the Cherokee County Board of Commissioners wishes to grant exemptions for any type of development project other than affordable housing or extraordinary economic development and employment growth, then it can only do so when state law expressly permits that category of exemption.
   
5. By tradition, the Cherokee County legislative delegation will unanimously seek legislation and legislative amendments where the Cherokee County Board of Commissioners unanimously requests the delegation to do so.
   
6. The Cherokee County Board of Commissioners has unanimously approved a resolution requesting an amendment to the Georgia Development Impact Fee law to permit exemptions for 501(c)3 organizations.
   
7. If our delegation's legislative efforts are successful, then and only then will the Cherokee County Board of Commissioners be able to legally amend our county ordinance, through the public hearing process, to allow      501(c)3 organizations (churches and other non-profits) obtaining building permits in Cherokee County to be exempt from all or part of Impact Fees.