A RESOLUTION OF THE BOARD OF COMMISSIONERS TO AMEND THE DEVELOPMENT IMPACT FEE ORDINANCE OF THE UNIFIED DEVELOPMENT ORDINANCE OF BUTTS COUNTY; TO ENABLE THE BOARD OF COMMISSIONERS TO ALLOW EXEMPTIONS TO IMPACT FEES ON DEVELOPMENT PROJECTS UNDER CERTAIN CONDITIONS; TO RATIFY ACTIONS PREVIOUSLY TAKEN BY THE BOARD TO EFFECT THIS AMENDMENT; TO AUTHORIZE THE CHAIRMAN TO SIGN THE RESOLTUION; TO AUTHORIZE THE CLERK OF BUTTS COUNTY TO ATTEST ALL DOCUMENTS; AND FOR OTHER LAWFUL PURPOSES.
WHEREAS, Section 7.01.12 of Chapter 7 of the Unified Development Ordinance of Butts County incorporates a Development Impact Fee Ordinance, which outlines provisions pertaining to development impact fee exemptions and credits, and;
WHEREAS, it is the desire of the Board of Commissioners to establish certain criteria whereby development impact fees may be exempted or reduced if it is determined that such action would stimulate positive development in Butts County, and;
WHEREAS, two public hearings on this matter were properly advertised and held at the Butts County Administrative Building on January 22, 2018 and on February 12, 2018 to allow any and all members of the public wishing to voice their opinion on the proposed amendments the opportunity to do so and for the Board to consider their input, and;
WHEREAS, said amendment would add to Section 7.01.12 of Chapter 7 of the Unified Development Ordinance the following as Paragraph (C), to read:
Upon application, the Board of Commissioners may exempt all or part of a particular development project from development impact fees if the Board finds that the following conditions are met:
(1). Such project is determined to create extraordinary economic development and employment growth or affordable housing;
(2). The public policy which supports the exemption is contained within the Butts County comprehensive plan; and,
(3). The exempt development project’s proportionate share of the system improvement is funded through a revenue source other than development impact fees., and;
WHEREAS, the Butts County Planning Commission recommended approval of this amendment at their January 11, 2018 meeting, and;
WHEREAS, the Butts County Board of Commissioners held a called meeting on March 27, 2018 after having properly given notice to the public and the Legal Organ of Butts County and at said meeting, did approve by unanimous vote the passage of the aforementioned amendment to Section 7.01.12 of Chapter 7 of the Unified Development Ordinance with immediate effect, now therefore be it:
RESOLVED, the Commission hereby declares that the foregoing preamble and whereas provisions set forth hereinabove constitute, and shall be considered to be, substantive provisions of this Resolution and are hereby incorporated by reference into this provision.
BE IT FURTHER RESOLVED the Commission, through this Resolution, does ratify its action taken at the called meeting of March 27, 2018 to amend Section 7.01.12 of Chapter 7 of the Unified Development Ordinance pertaining to “Development Impact Fees” to include the aforementioned Paragraph C and all subsequent provisions of said paragraph, and;
BE IT FURTHER RESOLVED that, having the effect of immediate passage, resolves that any and all subsequent actions undertaken by the Board, then and in the future, shall be consistent with the provisions of the Unified Development Ordinance, as amended, and;
BE IT FURTHER RESOLVED that except as specifically provided herein, any and all resolutions, ordinances or procedures, or parts of resolutions, ordinances or procedures in conflict with this Resolution or the provisions provided herein shall be and the same hereby are repealed, and;
BE IT FURTHER RESOLVED that it is the express intention of the Board of Commissioners that each independent provision of this amendment should be adopted, and that the Board of Commissioners would have adopted each such independent provision even if the others had not been adopted; therefore, in the event that a court of competent jurisdiction finds that any provision of this amendment or the UDO to be unlawful, invalid or unenforceable, it is the intent of the Board of Commissioners that the offending provision be severed, and all lawful provisions remain in force, and;
BE IT FURTHER RESOLVED that the Board authorizes the Chairman of the Board of Commissioners to sign this Resolution on their behalf and authorizes the Clerk of County to attest all signatures and spread this resolution upon the minutes of the Board of Commissioners
Adopted in open session this 9th Day of April, 2018
Author: Brewer, J.M.
/S/: Russ Crumbley, Chairman
/S/: J. Michael Brewer, Clerk of Butts County