Laserfiche WebLink
zoning Bulletin May 10, 2011 I Volume 5 ( No. 9 <br />Case Note: TYC had also appealed the judge's finding that the <br />proposed rebuilding of the clubhouse represented an "unlawful <br />expansion of a nonconforming use." The court found that part <br />of the appeal was rendered moot by the Town's amendment <br />of the zoning ordinance and map —which rezoned the lot on <br />which existed the former and proposed clubhouse to "water- <br />front -related." That zoning ordinance amendment extinguished <br />the TYC clubhouse's status as a legal, nonconforming use in a <br />residential district. <br />Fees —Agreement Between Developer and <br />County Requires Payment of Impact Fees <br />Without Regard to Issuance Of Building Permit <br />Developers says agreement violates statute, but county says <br />parties could agree to such terms <br />Citation: Effingham County Bd. of Com'rs v. Park West Effingham, <br />L.P., 2011 WL 1023144 (Ga. Ct. App. 2011) <br />GEORGIA (03/23/11)—This case addressed the issue of whether <br />a county and developer could agree to a contract regarding impact <br />fees, the terms of which violated state law. <br />The Background/Facts: Park West Effingham, L.P. ("Park West") <br />was a real estate developer building a subdivision of new homes in <br />the County. <br />In April 2006, Park West's predecessor in title, DJ Develop- <br />ment Company, Inc. ("DJ") signed an agreement with the County <br />titled "Water, Sewer, and Re -Use Water Service Agreement (Impact <br />Form)" (the "Agreement"). Section 5 of the Agreement, "Impact <br />Fees; Re -Use Fees," provided: "To assist in the payment of the cost <br />of constructing the County's water supply and distribution and sew- <br />age collection and treatment systems, [DJ] shall pay to the County <br />impact fees as established by ordinance ...." Section 6 of the Agree- <br />ment, "Guaranty and Security," set forth the developer's guaran- <br />teed impact fee payment to the County. Based upon DJ's antici- <br />pated 10-year build -out period, DJ agreed to pay "water and sewer <br />impact fees and re -use capacity fees (if applicable) of not less than <br />$297,152.00 per year for the 10-year Project build -out period." <br />© 2011 Thomson Reuters 9 <br />