Court of Appeals hears suit over county's impact fees

ATLANTA - A state Court of Appeals panel heard arguments about Cherokee County&#39;s impact fees on new development to pay for increased county costs for roads, libraries, parks, police and fire services. <br> <br> A ruling by the three-member panel could affect other fast-growing counties struggling to pay for new growth. <br> <br> Homebuilders contend that Cherokee&#39;s fees are unfair and unconstitutional because they are collected only in unincorporated areas of the county north of Atlanta. <br> <br> In May, Superior Court Judge Frank Mills upheld the impact fees for the sheriff&#39;s patrol, fire services and a new jail under construction because city residents are not directly served by them. <br> <br> However, Mills did not uphold fees for parks and recreation, the library system or for roads and transportation, which also directly benefit city residents. <br> <br> The county appealed. <br> <br> Deron Hicks, attorney for the Greater Atlanta Homebuilders Association, argued Wednesday that city residents in the county north of Atlanta are getting a ``free ride&#39;&#39; on the backs of builders in unincorporated areas of the county. <br> <br> Cherokee maintains that impact fees are not the only source of money to pay for needed improvements because special purpose local option sales taxes and property taxes paid by city residents also offset the costs. <br> <br> Cartersville attorney Frank Jenkins argued for the county that the impact fee ordinance does not violate the 1992 state impact fee law. He said a rational basis was established for setting the fees based on population projections both in incorporated and unincorporated areas until 2020. <br> <br> Jenkins said that if city residents were not counted the fees paid by developers would have been higher. <br> <br> Cherokee&#39;s impact fees are unique in Georgia because they can be spent countywide, not just in the area of immediate impact. <br> <br> The county has collected more than $4 million since the fees began April 1, 2000. The funds are frozen pending the outcome of litigation.