A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY TO INITIATE A PROCESS TO AMEND CHAPTER 7, SECTION 7.01.07 OF THE BUTTS COUNTY UNIFIED DEVELOPMENT ORDINANCE GOVERNING DEVELOPMENT IMPACT FEES; TO AUTHORIZE A SERIES OF PUBLIC HEARINGS; TO AUTHORIZE THE ZONING ADMINISTRATOR TO ADVERTISE SAID HEARINGS; TO AUTHORIZE THE CHAIRMAN TO SIGN THE RESOLUTION; TO AUTHORIZE THE CLERK OF THE 123rd SESSION TO ATTEST ALL DOCUMENTS; AND FOR OTHER RELATED AND LAWFUL PURPOSES.

WHEREAS, Butts County is a duly created and validly existing political subdivision of the State of Georgia under the Constitution and laws of the state of Georgia and governed by the Butts County Board of Commissioners, and;

WHEREAS, the Butts County Board of Commissioners, the governing body of the county did, on August 11, 2008, adopt an ordinance to impose development impact fees with an effective date of September 1, 2008 and has, since that time, imposed impact fees on development projects in accordance with that Ordinance, and;

WHEREAS, the Board of Commissioners wishes to amend the Ordinance establishing and imposing development impact fees to allow the County flexibility by which it can, under certain criteria, split the imposition of impact fees for industrial development projects which meet certain size, value and job creation numbers, and certain processes and hearings are required to effect such change in the Ordinance that governs impact fees, now, therefore be it:

RESOLVED, that the County 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 and

BE IT FURTHER RESOLVED that the Board, through this Resolution, does hereby authorize a process to amend Chapter 7, Section 7.01.07 of the Butts County Unified Development Ordinance to include a new subsection (C) to read as follows:

“Notwithstanding subsection (A) of this section, for an industrial building on property zoned for industrial purposes and where such building has no less than one million square feet of enclosed, heated and air-conditioned space, the Impact Fee Administrator or his/her designee may accept from the applicant no less than 50% of the total required impact fees at the issuance of the building permit for such building and shall collect the balance of the required impact fee due prior to the issuance of a certificate of occupancy for such building or within twelve months from the issuance of the building permit, whichever occurs first”.

BE IT FURTHER RESOLVED that to accomplish the desire of the Board of Commissioners to effect the aforementioned changes, the Administration shall cause to be advertised and scheduled two (2) public hearings for the reading of the proposed amendments to the Butts County Unified Development Ordinance, to be scheduled for January 10th, 2022 at the regular meeting of the Board of Commissioners, and on January 24th, 2022 at a special called meeting of the Board of Commissioners, following which the Board may then vote to approve the amended ordinance, and;
BE IT FURTHER RESOLVED that the Board, through this Resolution, authorizes the Zoning Administrator to advertise and notify the public of said hearings, including times and locations thereof, and;

BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect immediately upon its adoption by the Butts County Board of Commissioners and that any and all resolutions or parts of resolutions in conflict with this Resolution shall be, and they, to the extent of such conflict are, hereby REPEALED; and

BE IT FINALLY RESOLVED that the Board authorizes the Chairman of the Board of Commissioners to sign this Resolution on their behalf and to authorize the Clerk of the 123rd Session to attest all signatures and to implement this resolution with immediate effect.

Adopted in open session this 13th Day of December 2021

Chairman Joe Brown

J. Michael Brewer, Deputy County Manager,
Attesting as Clerk of the 123rd Session