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| Georgia General Assembly |
SB239.html
01 SB239/AP
Senate Bill
239
By: Senators Lee of the 29th and Meyer
von Bremen of the 12th
AS
PASSED
A BILL TO BE
ENTITLED
AN ACT
To amend Article 2 of Chapter 7 of Title 24 of the Official
Code of Georgia Annotated, relating to authentication of writings, so as to
provide for authentication of ordinances and resolutions of counties and
municipal corporations; to amend Title 36 of the Official Code of Georgia
Annotated, relating to local government, so as to change certain provisions
regarding transfer of development rights; to define certain terms; to revise
requirements for procedures relative to the creation of the transfer of
development rights within or between political subdivisions; to specify when
such transfers are effective; to authorize intergovernmental transfers; to
change certain provisions regarding codification of local government ordinances;
to change certain definitions; to provide for posting or furnishing of codified
ordinances and resolutions; to authorize authentication of codified ordinances
and resolutions; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article 2 of Chapter 7 of Title 24 of the Official Code of
Georgia Annotated, relating to authentication of writings, is amended by
striking Code Section 24-7-22, which is currently reserved, and inserting a new
Code section to read as
follows:
"24-7-22.
When
certified by a public officer, clerk, or keeper of the county or municipal
records specified in Code Section 24-7-20 or 24-7-21 and in the absence of
contrary evidence, judicial notice may be taken of a copy of any ordinance or
resolution included within a general codification required by paragraph (1) of
subsection (b) of Code Section 36-80-19 as representing an ordinance or
resolution duly approved by the governing authority and currently in force as
presented. Any such certified copy shall be self-authenticating and shall be
admissible as prima-facie proof of any such ordinance or resolution before any
court or administrative
body."
SECTION 2.
Title 36 of the Official Code of Georgia Annotated, relating
to local government, is amended by striking Code Section 36-66A-1, relating to
definitions relative to transfer of development rights, and inserting in lieu
thereof the
following:
"36-66A-1.
As
used in this chapter, the term:
(1) 'Development
rights' means the maximum development that would be allowed on the sending
property under any general or specific plan and local zoning ordinance of a
municipality or county in effect on the date the municipality or county adopts
an ordinance pursuant to this chapter. Development rights may be calculated and
allocated in accordance with factors including dwelling units, area, floor area,
floor area ration, height limitations, traffic generation, or any other criteria
that will quantify a value for the development rights in a manner that will
carry out the objectives of this Code section.
(2)
'Person' means any natural person, corporation, partnership, trust, foundation,
nonprofit agency, or other legal entity.
(3)
'Receiving area' means an area identified by an ordinance as an area authorized
to receive development rights transferred from a sending
area.
(3)(4) 'Receiving
property' means a lot or parcel within which development rights are increased
pursuant to a transfer of development rights. Receiving property shall be
appropriate and suitable for development and shall be sufficient to accommodate
the transferable development rights of the sending property without substantial
adverse environmental, economic, or social impact to the receiving property or
to neighboring property.
(5) 'Sending area' means
an area identified by an ordinance as an area from which development rights are
authorized to be transferred to a receiving
area.
(4)(6) 'Sending
property' means a lot or parcel with special characteristics, including farm
land; woodland; desert land; mountain land; a flood plain; natural habitats;
recreation areas or parkland, including golf course areas; or land that has
unique aesthetic, architectural, or historic value that a municipality or county
desires to protect from future
development.
(5)(7) 'Transfer
of development rights' means the process by which development rights from a
sending property are affixed to one or more receiving
properties."
SECTION 3.
Said title is further amended by striking in its entirety
Code Section 36-66A-2, relating to procedures, methods, and standards for the
transfer of development rights, and inserting in lieu thereof the
following:
"36-66A-2.
(a)
Pursuant to the provisions of this Code section, the governing body of any
municipality or county by ordinance may, in order to conserve and promote the
public health, safety, and general welfare, establish procedures, methods, and
standards for the transfer of development rights within its jurisdiction.
Any proposed transfer of development rights from the sending property
shall be subject to the notice and hearing requirements of Code Section 36-66-4.
Any proposed transfer of development rights to the receiving property shall be
subject to the notice, hearing, and signage requirements, if any, of the
municipality having jurisdiction over the receiving property or, if no
municipality has such jurisdiction, the county having jurisdiction over the
receiving property as required by such local governing authority for
rezoning.
(b)(1) Any proposed transfer
of development rights shall be subject to the approval and consent of the
property owners of both the sending and receiving property and shall be subject
to a separate vote of approval or disapproval by the local governing
authority.
(2) Notwithstanding the provisions of
paragraph (1) of this subsection, an ordinance enacted by the governing
authority of a consolidated government may, but is not required to, provide that
any proposed transfer of development rights shall be subject to a separate vote
of approval or disapproval by the governing
authority.
(c) Prior to any transfer of
development rights, a municipality or county shall adopt an ordinance providing
for:
(1) The issuance and recordation of the
instruments necessary to sever development rights from the sending property and
to affix development rights to the receiving property. These instruments shall
be executed by the affected property owners and
lienholders;
(2) The preservation of the character of
the sending property and assurance that the prohibitions against the use and
development of the sending property shall bind the landowner and every successor
in interest to the landowner;
(3) The severance of
transferable development rights from the sending property and the delayed
transfer of development rights to a receiving
property;
(4) The purchase, sale, exchange, or other
conveyance of transferable development rights prior to the rights being affixed
to a receiving property;
(5) A system for monitoring
the severance, ownership, assignment, and transfer of transferable development
rights;
(6) The right of a municipality or county to
purchase development rights and to hold them for conservation purposes or
resale;
(7) The right of a person to purchase
development rights and to hold them for conservation purposes or
resale;
(8) Development rights made transferable
pursuant to this Code section shall be interests in real property and shall be
considered as such for purposes of conveyancing and taxation. Once a deed of
transferable development rights created pursuant to this Code section has been
sold, conveyed, or otherwise transferred by the owner of the parcel from which
the development rights were derived, the transfer of development rights shall
vest in the grantee and become freely alienable. For the purposes of ad valorem
real property taxation, the value of a transferable development right shall be
deemed appurtenant to the sending property until the transferable development
right is registered as a distinct interest in real property with the appropriate
tax assessor or the transferable development right is used at a receiving
property and becomes appurtenant thereto;
and
(9) A map or other description
of areas designated as sending and receiving areas for the transfer of
development rights between properties;
and
(9)(10) Such other
provisions as the municipality or county deems necessary to aid in the
implementation of the provisions of this
chapter.
(d)(1) Prior to the enactment of an
ordinance as provided in subsection (c) of this Code section and prior to any
action to approve or disapprove a proposed transfer required by paragraph (1) of
subsection (b) of this Code section, the local governing authority shall provide
for a hearing on the proposed ordinance or transfer. At least 15 but not more
than 45 days prior to the date of the hearing, the local governing authority
shall cause to be published in a newspaper of general circulation within the
territorial boundaries of the political subdivision a notice of the hearing.
The notice shall state the time, place, and purpose of the hearing. Any
proposed transfer of development rights requiring approval or disapproval of the
local governing authority shall be subject to any signage requirements required
by law for rezonings.
(2) Prior to any changes
in an area designated in an ordinance as a sending or receiving area, the local
governing authority shall provide for notice and a hearing as provided in
paragraph (1) of this subsection.
(e) Proposed
transfers of development rights shall become effective upon the recording of the
conveyance with the appropriate deed-recording authorities and the filing of a
certified copy of such recording with the local governing authority of each
political subdivision in which a sending or receiving area is located in whole
or in part.
(f) Municipalities and counties
which are jointly affected by development are authorized to enter in to
intergovernmental agreements for the purpose of enacting interdependent
ordinances providing for the transfer of development rights between or among
such jurisdictions, provided that such agreements otherwise comply with
applicable laws. Any ordinances enacted pursuant to this subsection may provide
for additional notice and hearing and signage requirements applicable to
properties within the sending and receiving areas in each participating
political
subdivision."
SECTION 4.
Said title is further amended by striking paragraph (1) of
subsection (a) and by striking subsection (d) of Code Section 36-80-19, relating
to codification of local government ordinances, and inserting in their place the
following:
"(1)
'Local governing authority' means the governing authority of each
municipality, and county, and consolidated
government in this
state."
"(d)
Each such general codification shall be:
(1)
Made available by posting such codification on the Internet;
or
(2) A copy of each such general
codification shall be furnished Furnished promptly as a
copy to the State Law Library which shall be the official state repository
for such general codifications; and provided, further, that
counties financing all or part of the cost of codification through law library
fees pursuant to Code Sections 36-15-7 and 36-15-9 shall furnish a copy of each
general codification
(3) In counties which
have established a county law library, furnished as a copy to the county
law library."
SECTION 5.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 6.
All laws and parts of laws in conflict with this Act are
repealed.