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HB409.html
01 LC 22 4276
House Bill
409
By: Representatives Teper of the 61st,
Smyre of the 136th, Buck of the 135th, Walker of the
141st, Ehrhart of the 36th and others
A BILL TO BE
ENTITLED
AN ACT
To amend Chapter 44 of Title 36 of the Official Code of
Georgia Annotated, the "Redevelopment Powers Law," so as to change the
legislative purpose to include encouraging the redevelopment of economically and
socially depressed nonurban areas within counties and municipalities; to change
certain definitions; to expand the meaning of redevelopment; to change the
characteristics of areas eligible for designation as redevelopment areas; to
provide for findings by a local legislative body of a political subdivision that
a redevelopment area includes one or more natural or historical assets which
would not reasonably be anticipated to be adequately preserved or protected
without the approval of the redevelopment plan; to provide that the Act shall
not impair or invalidate any existing redevelopment plan, redevelopment area, or
tax allocation district; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 44 of Title 36 of the Official Code of Georgia
Annotated, the "Redevelopment Powers Law," is amended by striking in its
entirety Code Section 36-44-2, relating to the legislative purpose, and
inserting in lieu thereof the
following:
"36-44-2.
It
is found and declared that economically and socially depressed areas exist
within urbanized portions of counties and municipalities of
this state and that these areas contribute to or cause unemployment, limit the
tax resources of counties and municipalities while creating a greater demand for
governmental services and, in general, have a deleterious effect upon the public
health, safety, morals, and welfare. It is, therefore, in the public interest
that such areas be redeveloped to the maximum extent practicable to improve
economic and social conditions therein in order to abate or eliminate such
deleterious effects. To encourage such redevelopment, it is essential that the
counties and municipalities of this state have additional powers to form a more
effective partnership with private enterprise to overcome economic limitations
that have previously impeded or prohibited redevelopment of such areas. It is
the purpose of this chapter, therefore, to grant such additional powers to the
counties and municipalities of this state, and it is the intention of the
General Assembly that this chapter be liberally construed to carry out such
purpose."
SECTION 2.
Said chapter is further amended in Code Section 36-44-3,
relating to definitions, by striking in their entirety paragraphs (5), (7), and
(9) and inserting in lieu thereof the
following:
"(5)
'Redevelopment' means any activity or service necessary or incidental to
achieving the development or revitalization of a redevelopment area or a portion
thereof designated for redevelopment by a redevelopment plan or the
preservation or improvement of historical or natural assets within a
redevelopment area or a portion thereof designated for redevelopment by a
redevelopment plan. Without limiting the generality of the foregoing,
redevelopment may include any one or more of the
following:
(A) The construction of any building or
other facility for use in any business, commercial, industrial, governmental,
educational, charitable, or social activity;
(B) The
renovation, rehabilitation, reconstruction, remodeling, repair, demolition,
alteration, or expansion of any existing building or other facility for use in
any business, commercial, industrial, governmental, educational, charitable, or
social activity;
(C) The construction, reconstruction,
renovation, rehabilitation, remodeling, repair, demolition, alteration, or
expansion of public or private housing;
(D) The
construction, reconstruction, renovation, rehabilitation, remodeling, repair,
demolition, alteration, or expansion of public works or other public facilities
necessary or incidental to the provision of governmental
services;
(E) The identification, preservation,
renovation, rehabilitation, reconstruction, remodeling, repair, demolition,
alteration, or restoration of buildings or sites which are of historical
significance;
(F) The preservation, protection,
renovation, rehabilitation, restoration, alteration, improvement, maintenance,
and creation of open spaces or green spaces;
(G)
The development, construction, reconstruction, repair, demolition, alteration,
or expansion of structures, equipment, and facilities for mass
transit;
(H) The development, construction,
reconstruction, renovation, rehabilitation, repair, demolition, alteration, or
expansion of telecommunication
infrastructure;
(I) The development,
construction, reconstruction, renovation, rehabilitation, repair, demolition,
alteration, or expansion of facilities for the improvement of pedestrian access
and safety;
(F)(J)
Improving or increasing the value of property;
and
(G)(K) The acquisition and
retention or acquisition and disposition of property for redevelopment purposes
or the use for redevelopment purposes of property already owned by a political
subdivision or any agency or instrumentality
thereof."
"(7)
'Redevelopment area' means:
(A) Any
urbanized and or developed area in which the structures,
buildings, or improvements, by reason of dilapidation, deterioration, age, or
obsolescence, inadequate provision for ventilation, light, air, sanitation, or
open spaces, high density of population and overcrowding, or the existence of
conditions which endanger life or property by fire and other causes, or any
combination of such factors, is conducive to ill health, transmission of
disease, infant mortality, high unemployment, juvenile delinquency, or crime and
is detrimental to the public health, safety, morals, or
welfare;
(B) Any urbanized or developed area which by
reason of the presence of a predominant number of substandard, slum,
deteriorated, or deteriorating structures; the predominance of defective or
inadequate street layout, inadequate parking, roadways, bridges, or public
transportation facilities incapable of handling the volume of traffic flow into
or through the area, either at present or following proposed redevelopment; the
faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
unsanitary or unsafe conditions; deterioration of site or other improvements;
the diversity of ownership, tax, or special assessment delinquency exceeding the
fair value of the land; diversity of ownership on defective or unusual
conditions of title which prevent or encumber the free alienability of land; or
the existence of conditions which endanger life or property by fire and other
causes; or any combination of the foregoing, substantially impairs or arrests
the sound growth of the community, retards the provision of housing
accommodations or employment opportunities; or constitutes an economic or social
liability and is a menace to the public health, safety, morals, or welfare in
its present condition and use;
(C) Any open area
located within an urbanized or developed area within the corporate limits of a
municipality which because of any factor or combination of factors enumerated in
subparagraph (A) or (B) of this paragraph substantially impairs or arrests the
sound growth of the community;
(D) Any area located
within an urbanized or developed area and which, immediately prior to becoming
an open area, qualified as a redevelopment area under subparagraph (A) or (B) of
this paragraph;
(E) Any area located within an
urbanized or developed area which is substantially underutilized by containing
open lots or parcels of land or by containing a substantial number of buildings
or structures which are 40 years old or older or by containing structures or
buildings of relatively low value as compared to the value of structures or
buildings in the vicinity of the area or by having development impaired by
airport and related transportation noise or by related environmental factors or
an area in which there is a shortage of housing that is affordable for persons
of low or moderate income which the local legislative body designates as
appropriate for community redevelopment or by any combination of the foregoing
factors; or
(F) Any geographic area
designated within the comprehensive plan of a political subdivision for
redevelopment which has previously been developed for commercial, residential,
industrial, office, or similar or ancillary uses and which lies within the
service delivery area of the political subdivision, in which the current
condition of the area is less desirable than the redevelopment of the area for
new commercial, residential, industrial, office, or other uses, or a combination
of uses, including the provision of open space or pedestrian and transit
improvements, and any geographic area that is adversely affected by airport or
transportation related noise or other environmental degradation, contamination,
or other environmental factors which the political subdivision has determined to
be impairing or retarding the redevelopment of the area;
or
(G) Any area combining any factors
specified in subparagraphs (A) through (E) (F) of this
paragraph."
"(9)
'Redevelopment plan' means a written plan of redevelopment for a redevelopment
area or a designated portion thereof which:
(A)
Specifies the boundaries of the proposed redevelopment
area;
(B) Explains the grounds for a finding by the
local legislative body that the redevelopment area on the whole has not been
subject to growth and development through private enterprise and would not
reasonably be anticipated to be developed without the approval of the
redevelopment plan or that the redevelopment area includes one or more
natural or historical assets which have not been adequately preserved or
protected and such asset or assets would not reasonably be anticipated to be
adequately preserved or protected without the approval of the redevelopment
plan;
(C) Explains the proposed uses after
redevelopment of real property within the redevelopment
area;
(D) Describes any redevelopment projects within
the redevelopment area proposed to be authorized by the redevelopment plan,
estimates the cost thereof, and explains the proposed method of financing such
projects;
(E) Describes any contracts, agreements, or
other instruments creating an obligation for more than one year which are
proposed to be entered into by the political subdivision or its redevelopment
agency or both for the purpose of implementing the redevelopment
plan;
(F) Describes the type of relocation payments
proposed to be authorized by the redevelopment
plan;
(G) Includes a statement that the proposed
redevelopment plan conforms with the local comprehensive plan, master plan,
zoning ordinance, and building codes of the political subdivision or explains
any exceptions thereto;
(H) Estimates redevelopment
costs to be incurred or made during the course of implementing the redevelopment
plan;
(I) Recites the last known assessed valuation of
the redevelopment area and the estimated assessed valuation after
redevelopment;
(J) Provides that property which is to
be redeveloped under the plan and which is either designated as a historic
property under Article 2 of Chapter 10 of Title 44, the 'Georgia Historic
Preservation Act,' or is listed on or has been determined by any federal agency
to be eligible for listing on the National Register of Historic Places will not
be:
(i) Substantially altered in any way inconsistent
with technical standards for rehabilitation; or
(ii)
Demolished unless feasibility for reuse has been evaluated based on technical
standards for the review of historic preservation
projects,
which technical standards for rehabilitation
and review shall be those used by the state historic preservation officer,
although nothing in this subparagraph shall be construed to require approval of
a redevelopment plan or any part thereof by the state historic preservation
officer;
(K) Specifies the proposed effective date for
the creation of the tax allocation district and the proposed termination
date;
(L) Contains a map specifying the boundaries of
the proposed tax allocation district and showing existing uses and conditions of
real property in the proposed tax allocation
district;
(M) Specifies the estimated tax allocation
increment base of the proposed tax allocation
district;
(N) Specifies property taxes for computing
tax allocation increments determined in accordance with Code Section 36-44-9 and
supported by any resolution required under paragraph (2) of Code Section
36-44-8;
(O) Specifies the amount of the proposed tax
allocation bond issue or issues and the term and assumed rate of interest
applicable thereto;
(P) Estimates positive tax
allocation increments for the period covered by the term of the proposed tax
allocation bonds;
(Q) Specifies the property proposed
to be pledged for payment or security for payment of tax allocation bonds which
property may include positive tax allocation increments derived from the tax
allocation district, all or part of general funds derived from the tax
allocation district, and any other property from which bonds may be paid under
Code Section 36-44-14, subject to the limitations of Code Sections 36-44-9 and
36-44-20; and
(R) Includes such other information as
may be required by resolution of the political subdivision whose area of
operation includes the proposed redevelopment
area."
SECTION 3.
Said chapter is further amended in Code Section 36-44-8,
relating to the creation of a tax allocation district, by striking in its
entirety paragraph (3) and inserting in lieu thereof the
following:
"(3)
Adoption by the local legislative body of a resolution approving the
redevelopment plan and which:
(A) Describes the
boundaries of the tax allocation district with sufficient definiteness to
identify with ordinary and reasonable certainty the territory included. The
boundaries shall include only those whole units of property assessed for ad
valorem property tax purposes;
(B) Creates the
district on December 31 following the adoption of the resolution or on December
31 of a subsequent year as determined by the local legislative
body;
(C) Assigns a name to the district for
identification purposes. The first district created shall be known as 'Tax
Allocation District Number 1,' followed by the name of the political subdivision
within whose area of operation the district is
located;
(D) Specifies the estimated tax allocation
increment base;
(E) Specifies property taxes to be
used for computing tax allocation increments;
(F)
Specifies the property proposed to be pledged for payment or security for
payment of tax allocation bonds which property may include positive tax
allocation increments derived from the tax allocation district, all or part of
general funds derived from the tax allocation district, and any other property
from which bonds may be paid under Code Section 36-44-14, as determined by the
political subdivision subject to the limitations of Code Sections 36-44-9 and
36-44-20; and
(G) Contains findings
that:
(i) The redevelopment area on the whole has not
been subject to growth and development through private enterprise and would not
reasonably be anticipated to be developed without the approval of the
redevelopment plan or includes one or more natural or historical assets which
have not been adequately preserved or protected and such asset or assets would
not reasonably be anticipated to be adequately preserved or protected without
the approval of the redevelopment plan; and
(ii)
The improvement of the area is likely to enhance the value of a substantial
portion of the other real property in the district.
If
any information required to be included in the resolution approving the
redevelopment plan under subparagraphs (A) through (G) of this paragraph is
contained in the redevelopment plan, then the resolution approving the
redevelopment plan may incorporate by reference that portion of the
redevelopment plan containing said
information."
SECTION 4.
Nothing in this Act shall impair or invalidate any
redevelopment plan, redevelopment area, or tax allocation district in effect on
the effective date of this Act.
SECTION 5.
All laws and parts of laws in conflict with this Act are
repealed.