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08 LC 28 4269S

The House Committee on Governmental Affairs offers the following substitute to SB 89:

A BILL TO BE ENTITLED
AN ACT

To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the creation of townships; to provide a short title; to provide for the requirements for the creation of such townships; to provide for boards of township supervisors for such townships; to provide for powers, duties, and functions of such township supervisors; to provide for officers, meetings, elections, and filling of vacancies for such township supervisors; to provide for certain immunities; to provide that property within such townships shall not be subject to municipal annexation; to provide for the enactment of ordinances; to prohibit certain conflicts of interest; to provide for an audit; to provide for a transition of services; to provide that a county shall continue to provide services in the township that are not specifically delegated by law to the township; to conform related laws; to provide for related matters; to provide for an effective date and for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "Georgia Township Act."

SECTION 2.

Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Chapter 94 to read as follows:

"CHAPTER 94

36-94-1.

The General Assembly shall be authorized by local law to provide for the creation of townships in the unincorporated areas of any county in this state in accordance with the provisions of this chapter.

36-94-2.

(a) The local Act creating a township in accordance with this chapter shall contain the following:

(1) The name by which the township shall be known which shall be in the form of the 'Township of ______________' and shall not use any name that is currently the name of an active, incorporated municipality or county in the State of Georgia;

(2) A description of the area to be included in the township which shall not include any area that is a part of an active, incorporated municipality in the State of Georgia and which shall be composed of a single, contiguous geographical area wholly within one county containing at least 2,000 acres and a minimum of 500 parcels of property that qualify for homestead exemption, and in which at least 10 percent of the total geographical area is used or is zoned for purposes other than residential uses;

(3) The number of members of the board of township supervisors of the township;

(4) Whether members of the board of township supervisors shall be elected at large or by district and, if such members are to be elected by district, a description of the district boundaries;

(5) The initial terms of office for members of the board of township supervisors and the date for the initial election of members of the board of township supervisors which shall be in accordance with the provisions of Code Section 21-2-540;

(6) Whether elections for the board of township supervisors shall be by majority or plurality vote;

(7) The amount and nature of compensation of the members of the board of township supervisors, if any; and

(8) The number of members of the board of township supervisors who must be present to constitute a quorum for the transaction of business by the board and the number of affirmative votes necessary for the board to take official action.

(b) Prior to introducing a bill to create a township by local Act of the General Assembly, a feasibility study shall be conducted on the projected annual revenues and expenses of the proposed township. Such study must demonstrate that there is a substantial likelihood that the projected annual revenues of the proposed township will exceed the projected annual expenses of such township. The notice of intent to introduce local legislation required by Code Section 28-1-14 for such proposed township shall include a statement that a feasibility study has been conducted and shall notify the citizens of the location where a copy of such study is available for review.

(c) Any local Act creating a township shall be subject to approval in a referendum by the electors of the area to be formed into a township. Such referendum shall be conducted in conjunction with a presidential preference primary, a state-wide general primary, or a state-wide general election or on the Tuesday following the first Monday in November in odd-numbered years. The election superintendent of the county in which the township is to be located shall call and conduct a special election for the purpose of submitting the local Act to the electors of the area to be formed into a township for approval or rejection. The election superintendent shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the county in which the proposed township would be located. The ballot shall have written or printed thereon express language concerning whether the local Act creating the township shall be approved. All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for the approval of the Act, the Act shall become of full force and effect on the first day of the second full month immediately following such election. If the Act is not approved or if the election is not conducted as provided in this Code section, the Act shall not become effective and such local Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the county. It shall be the duty of the election superintendent conducting the referendum to certify the results thereof to the Secretary of State.

36-94-3.

(a) The activities of a township created pursuant to this chapter shall be governed by a board of township supervisors. Persons elected to the board of township supervisors shall be at least 18 years of age, residents of the township for a period of at least one year immediately prior to their election, and qualified electors of the township. No person who holds any other elective public office shall be eligible for election or to serve as a member of the board of township supervisors.

(b) A township shall not be a municipality under Georgia law nor shall it exercise any municipal powers except as expressly provided in this chapter. A township shall not have nor exercise the power of eminent domain. A township shall not be a participant in service delivery agreements and strategies and shall not share in the distribution of local sales and use taxes authorized by Chapter 8 of Title 48.

(1) To provide comprehensive township planning for development by zoning and to provide subdivision regulation and the like as the board deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community in accordance with a properly adopted zoning and land use ordinance and in accordance with the provisions of Chapters 66, 67, and 67A of this title in the same manner as counties and municipalities of this state presently or hereafter exercise such power;

(2) To adopt, amend, modify, and repeal ordinances relating to the authority, powers, and duties of the township under this Code section;

(3) To levy an ad valorem tax for the purpose of raising revenues to defray the limited costs of discharging the obligations of the township and of providing township services, for the repayment of principal and interest on general obligations, and for any other public purpose within the authority, powers, and duties of the board of township supervisors. Such tax shall be limited to an amount not to exceed .5 mill on all taxable real and personal property located within the boundaries of the township that is subject to such taxation by the state and county. Such tax shall be included by the tax commissioner or tax collector of the county in which such property is located on county tax bills for such property and shall be collected in the same manner as county taxes by such county tax commissioner or tax collector, shall be deposited and maintained in a separate account for such purpose including any interest received thereon, and shall be promptly remitted to the township with the exception of an amount that may be withheld by the county to cover the direct actual costs to the county of collecting and remitting such tax for the township which shall not exceed the direct actual costs thereof;

(4) To establish a budget and make appropriations for the support of the township, to authorize the expenditure of money for any purposes authorized by this chapter, and to provide for the payment of expenses of the township;

(5) To provide for the appointment, qualification, and selection of officers of the board in addition to the chairperson and vice chairperson and provide for the duties of such officers;

(6) To adopt, amend, and abolish bylaws and internal operating procedures that are not in conflict with the provisions of this chapter for the governance of the board in carrying out its authority, powers, duties, and functions;

(7) To employ and establish the compensation of persons to provide administrative, managerial, legal, accounting, financial, and other such services related to the carrying out of the authority, powers, duties, and functions of the board as the board deems appropriate;

(8) To review the performance of, promote, discipline, and terminate the employment of any employee of the township;

(9) To establish and provide health insurance, retirement, and other employment benefits for employees of the township;

(10) To create, alter, or abolish departments, offices, and agencies of the township and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same;

(11) To regulate the erection and construction of buildings and all other structures not inconsistent with general law; to adopt and enforce all codes as allowed by general law; and to regulate all housing and building trades except as otherwise prohibited by general law;

(12) To establish, amend, repeal, and collect fees for the services of the township from the users of such services, including, but not expressly limited to, fees for filing rezoning and land use applications and issuing building permits;

(13) To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations;

(14) To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the township or of its citizens on such terms and conditions as the donor or grantor may impose;

(15) To appropriate and borrow money for the payment of debts of the township on such terms as the board deems appropriate; provided, however, that the township shall not have the power to issue bonds or incur bonded indebtedness;

(16) To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside the property limits of the township;

(17) To provide for the preservation and protection of property and equipment of the township and the administration and use of same by the public; and

(18) To provide for keeping a journal of its proceedings which shall be a public record.

(d) The board of township supervisors shall hold regular meetings at such times and places as prescribed by ordinance. Special meetings of the board of township supervisors may be held on the call of the chairperson or a majority of the members of the board of township supervisors. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to members of the board of township supervisors shall not be required if all members are present when the special meeting is called. Such notice of any special meeting may be waived by a member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such member´s presence. Only the business stated in the call may be transacted at the special meeting.

(e) All meetings of the board of township supervisors and all documents in the custody of the township shall be public and available, respectively, to the extent required by Chapter 14 of Title 50, relating to open meetings; Article 4 of Chapter 18 of Title 50, relating to open records; and other applicable law, and notice to the public of special meetings shall be given as required by law.

36-94-4.

A township and its board of township supervisors and employees shall be entitled to the same privileges and immunities under law as a municipality and its governing authority and employees.

36-94-5.

(a) For the purposes of this Code section, the term 'unincorporated island' means:

(A) An unincorporated area with its aggregate external boundaries abutting the annexing township; or

(B) An unincorporated area with its aggregate external boundaries abutting any combination of the annexing township and one or more municipalities or other townships or the county boundary.

(b) Except as provided in subsection (d) of this Code section, the area within the boundary of a township shall not be subject to annexation by any municipality without the approval of a majority of the members of the board of township supervisors and approval by the electors of the township in a referendum; provided, however, that areas within the boundaries of a township that are contiguous to an existing municipality as defined in Code Section 36-36-20 may be annexed by such municipality pursuant to Article 2 of Chapter 36 of this title, provided that such annexation will not result in the township falling below the minimum standards for townships contained in paragraph (2) of subsection (a) of Code Section 36-94-2.

(c) Upon the approval by a majority of the members of the board of township supervisors and approval by the electors of the township in a referendum, a township may be converted by a local Act of the General Assembly into a municipality.

(d) Provided that such areas abut the limits of the township, that such deannexation will not create an unincorporated island, and that such deannexation will not result in the township falling below the minimum standards for townships contained in paragraph (2) of subsection (a) of Code Section 36-94-2, a township may deannex an area or areas of the existing limits of the township upon the written and signed applications containing a complete description of the lands to be deannexed of all of the owners, except the owners of any public street, road, highway, or right of way, of all of the land proposed to be deannexed. Lands to be deannexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as abutting the limits of the township when any one part of the entire body abuts such limits. When such application is acted upon by the township and the land is, by ordinance, deannexed from the township, an identification of the property so deannexed shall be filed with the Department of Community Affairs and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3. When so deannexed, such lands shall cease to constitute a part of the lands within the corporate limits of the township as completely and fully as if the limits had been marked and defined by local Act of the General Assembly and shall be subject to annexation by any municipal corporation in accordance with the provisions of Chapter 36 of Title 36.

(e)(1) As used in this subsection, the term 'contiguous area' means any area that meets the following conditions at the time the annexation procedures are initiated:

(A) At least one-eighth of the aggregate external boundary or 50 feet of the area to be annexed, whichever is less, either abuts directly on the township boundary or would directly abut on the township boundary if it were not otherwise separated from the township boundary by lands owned by the township or some other political subdivision, by lands owned by this state, or by the definite width of:

(i) Any street or street right of way;

(ii) Any creek or river; or

(iii) Any right of way of a railroad or other public service corporation

which divides the township boundary and any area proposed to be annexed;

(B) The entire parcel or parcels of real property owned by the person seeking annexation is being annexed; provided, however, that lots shall not be subdivided in an effort to evade the requirements of this subparagraph; and

(C) The private property annexed, excluding any right of way of a railroad or other public service corporation, complies with the annexing township´s minimum size requirements, if any, to construct a building or structure occupiable by persons or property under the policies or regulations of the township´s development, zoning, or subdivision ordinances.

(2)(A) Notwithstanding the limitations of paragraph (1) of this subsection, an area may be annexed by agreement between the township and the governing body of the county in which the territory proposed to be annexed is located.

(B) Notwithstanding the limitations of paragraph (1) of this subsection, the boundary line between a township and an abutting municipality may be adjusted by agreement between the township and the governing body of the municipality.

(3) If the entire area to be annexed is owned by the township to which the area is to be annexed at the time annexation procedures are initiated, then the term 'contiguous area' means any area which, at the time annexation procedures are initiated, abuts directly on the township boundary or which would directly abut on the township boundary if it were not otherwise separated from the township boundary by lands owned by the township or some other political subdivision, by lands owned by this state, or by the definite width or length of:

(A) Any street or street right of way;

(B) Any creek or river; or

which divides the township boundary and any area proposed to be annexed.

(4) A township may annex to its existing limits unincorporated areas within the same county which are contiguous to the existing township limits at the time of such annexation upon the written and signed applications containing a complete description of the lands to be annexed of all of the owners, except the owners of any public street, road, highway, or right of way, of all of the land proposed to be annexed; provided, however, that such annexation shall not create an unincorporated island. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as abutting the limits of the township when any one part of the entire body abuts such limits. When such application is acted upon by the township and the land is, by ordinance, annexed to the township, an identification of the property so annexed shall be filed with the Department of Community Affairs and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3. When so annexed, such lands shall constitute a part of the lands within the corporate limits of the township as completely and fully as if the limits had been marked and defined by local Act of the General Assembly. Except as provided in subsection (c) of Code Section 36-36-20, nothing in this article shall be construed to authorize annexation of the length of any public right of way except to the extent that such right of way adjoins private property otherwise annexed by the township.

36-94-6.

(a) At any township election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of a township shall be eligible to qualify as voters in the election.

(b) All elections shall be held and conducted in accordance with Chapter 2 of Title 21, the 'Georgia Election Code,' and shall be conducted on a nonpartisan basis.

(d) Members of the board of township supervisors of a township elected in a general election shall take office on the first day of January following the date of their election.

(e) Except for the initial terms of office in a newly created township, each member of the board of township supervisors shall serve a four-year term of office. The initial terms of members of the board of township supervisors for a newly created township shall be as specified in the local Act creating the township.

(f) A vacancy in the office of a member of the board of township supervisors shall be filled as follows:

(1) If there is a period of more than 27 months remaining in the member´s term of office at the time of the vacancy, the vacancy shall be filled by a special election; or

(2) If there is a period of 27 months or less remaining in the member´s term of office at the time of the vacancy, the vacancy shall be filled by appointment by the remaining members of the board of township supervisors.

36-94-7.

(a) No elected official, appointed officer, or employee of the township shall knowingly:

(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties;

(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties;

(3) Disclose confidential information concerning the property, government, or affairs of the township without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others;

(4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the township; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;

(5) Represent other private interests in any action or proceeding against the township or any portion of its government; or

(6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest.

(b) Any elected official, appointed officer, or employee of the township who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the township shall disclose such private interest to the board of township supervisors. Any member of the board of township supervisors of a township who has a private interest in any matter pending before the board of township supervisors shall disclose such private interest and such disclosure shall be entered on the records of the board, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of the township who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within the board of township supervisors shall disclose such private interest to the board of township supervisors.

(c) No elected official, appointed officer, or employee of the township shall use property owned by the township for personal benefit, convenience, or profit, except in accordance with policies promulgated by the board of township supervisors.

(d) Any violation of this Code section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the board of township supervisors.

(e) Except as authorized by law, no member of the board of township supervisors shall hold any other elective public office or other township employment during the term for which elected.

36-94-8.

There shall be an annual independent audit of all township accounts, funds, and financial transactions by a certified public accountant selected by the board of township supervisors. The audit shall be conducted according to generally accepted government auditing standards and in accordance with the provisions of Chapter 81 of this title. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this chapter. Copies of all audit reports shall be available at printing cost to the public.

36-94-9.

(a) Except for the purposes expressly set forth in this chapter or where jurisdiction to provide a service is identified in the applicable service delivery strategy or otherwise authorized by law, the property within the boundaries of a township shall remain subject to all other provisions of law and the jurisdiction of the governing authority of the county in which it is located as if such area were a part of the unincorporated area of the county in which such property is located, and the governing authority of the county in which such property is located shall continue to provide all government services to the area encompassed by the township in the same manner and at the same level that such services would have been provided if the township had not been created, except zoning, land use planning, code enforcement, and issuing building permits to the extent that the local Act creating the township authorizes the township to provide such services.

(b) All property owned by the township shall be exempt from all ad valorem taxation.

36-94-10.

(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be 'The Board of Township Supervisors of the Township of ____________________ hereby ordains...' and every ordinance shall so begin.

(b) An ordinance may be introduced by any member of the board of township supervisors and be read at a regular or special meeting of the board. Ordinances shall be considered and adopted or rejected by the board of township supervisors in accordance with the rules which it shall establish. Upon introduction of any ordinance, the board of township supervisors shall, as soon as possible, distribute a copy to each member of the board of township supervisors and shall file a reasonable number of copies in its offices and at such other public places as the board of township supervisors may designate.

(c) No later than one calendar year after the first day of existence of a township, ordinances adopted by the township shall be codified or compiled in the manner required by Code Section 36-80-19 for counties and municipalities.

36-94-11.

(a) At the first meeting of the board of township supervisors in each calendar year, the members of the board shall select from among their number a chairperson and vice chairperson.

(b) The chairperson shall preside over all meetings of the board of township supervisors and shall be entitled to vote in all matters coming before the board of township supervisors except matters in which such chairperson has disqualified himself or herself as a result of a conflict of interest or other cause.

36-94-12.

(a) Until July 1 of the year following the election of the initial board of township supervisors of a township, the existing county land use plan and zoning ordinances shall remain in effect and the county in which the township is located shall continue to be responsible for planning and zoning functions and the enforcement of land use provisions for the property in such county in the same manner as if the township had not come into existence.

(b) On July 1 of the year following the election of the initial board of township supervisors of a township, the county in which the township is located shall no longer be responsible for planning and zoning functions and the enforcement of land use provisions and shall not undertake to exercise any such function over property located in the township.

(c) The expense of the initial election of the members of the board of township supervisors shall be borne by the governing authority of the county in which the township is primarily located. Within two years after the initial elections for the members of the board of township supervisors, the township shall reimburse the county for the actual cost of printing and personnel services for such election. It shall be the duty of the county election superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. Only for the purposes of holding and conducting the election of the initial board of township supervisors, the election superintendent of the county in which the township is primarily located is vested with the powers and duties of the election superintendent of the township and the board of township supervisors regarding elections.

36-94-13.

(a) When a township receives a request for rezoning, a change in the land use plan, the creation of a subdivision, or an amendment to the township´s planning or development regulations or ordinances or subdivision regulations, the township shall submit the request or proposed amendment to the governing authority of the county in which the township is located. The county governing authority shall have ten business days to respond in writing to the township with any opinions, concerns, or potential fiscal impacts on county residents that the county desires the township to consider. The county´s response shall include any recommended actions that the county believes might mitigate any adverse consequences or impacts to the county. The township shall make any responses received from a county governing authority a part of the public record and shall acknowledge receipt of the response. The township shall consider the county´s response and shall attempt to mitigate any adverse consequences or impacts identified by the county. The township shall provide the county with a copy of any final action taken by the township on the rezoning, change in the land use plan, the creation of a subdivision, or amendment to the township´s planning or development regulations or ordinances or subdivision regulations.

(b) When a township proposes a new ordinance or an amendment to existing ordinances, the township shall submit the proposed ordinance or amendment to the governing authority of the county in which the township is located. The county governing authority shall have ten business days to respond in writing to the township with any opinions, concerns, or potential fiscal impacts on county residents that the county desires the township to consider. The county´s response shall include any recommended actions that the county believes might mitigate any adverse consequences or impacts to the county. The township shall make any responses received from a county governing authority a part of the public record and shall acknowledge receipt of the response. The township shall consider the county´s response and shall attempt to mitigate any adverse consequences or impacts identified by the county. The township shall provide the county with a copy of any final action taken by the township on the ordinance or amendment.

(c) When a township receives a request for rezoning, a change in the land use plan, or the creation of a subdivision affecting property that abuts or is contiguous to another township or a municipality, the township shall submit the request, change, or proposed subdivision to the board of township supervisors of the other township or the governing authority of the municipality, as appropriate. The other township or municipal governing authority shall have ten business days to respond in writing to the township with any opinions, concerns, or potential fiscal impacts on the other township´s or municipality´s residents that the other township or municipality desires the township to consider. The other township´s or municipality´s response shall include any recommended actions that the other township or municipality believes might mitigate any adverse consequences or impacts to the other township or municipality. The township shall make any responses received from another township or municipality a part of the public record and shall acknowledge receipt of the response. The township shall consider the other township´s or municipality´s response and shall attempt to mitigate any adverse consequences or impacts identified by the other township or municipality. The township shall provide the other township or municipality, as appropriate, with a copy of any final action taken by the township on the rezoning, change in the land use plan, or the creation of the subdivision.

(d) When a township proposes a new ordinance or an amendment to existing ordinances that potentially may impact another township or municipality that abuts or is contiguous to the township, the township shall submit the proposed ordinance or amendment to the board of township supervisors of the other township or the governing authority of the municipality, as appropriate. The other township or municipality shall have ten business days to respond in writing to the township with any opinions, concerns, or potential fiscal impacts on the other township´s or municipality´s residents that the other township or municipality desires the township to consider. The other township´s or municipality´s response shall include any recommended actions that the other township or municipality believes might mitigate any adverse consequences or impacts to the other township or municipality. The township shall make any responses received from the other township or municipality a part of the public record and shall acknowledge receipt of the response. The township shall consider the other township´s or municipality´s response and shall attempt to mitigate any adverse consequences or impacts identified by the other township or municipality. The township shall provide the other township or municipality, as appropriate, with a copy of any final action taken by the township on the ordinance or amendment.

(e) The county in which a township is located shall coordinate service delivery of county-wide services within the township. The township shall provide regular input and advice to the county in which the township is located regarding county-wide services that are delivered within the township. If a township deems it necessary, it may request that the county consider, and the county shall consider, the establishment of a special service and taxing district for higher levels of service within the township. If such districts are to be created, the county shall seek the advice of the township and the township shall advise the county in the establishment, implementation, and management of such districts.

(f) The board of township supervisors and the county governing authority of the county in which the township is located shall meet jointly at least twice each year to discuss any coordination needs that any of such governing bodies deems relevant to the proper and efficient operations of such governments.

(g) When a county receives a request for rezoning, a change in the land use plan, or the creation of a subdivision affecting property that abuts or is contiguous to a township, the county shall submit the request, change, or proposed subdivision to the board of township supervisors of the township. The township shall have ten business days to respond in writing to the county with any opinions, concerns, or potential fiscal impacts on township residents that the township desires the county to consider. The township´s response shall include any recommended actions that the township believes might mitigate any adverse consequences or impacts to the township. The county shall make any responses received from a township a part of the public record and shall acknowledge receipt of the response. The county shall consider the township´s response and shall attempt to mitigate any adverse consequences or impacts identified by the township. The county shall provide the township with a copy of any final action taken by the county on the rezoning, change in the land use plan, or the creation of the subdivision.

(h) When a county proposes a new ordinance or an amendment to existing ordinances that potentially may impact a township, the county shall submit the proposed ordinance or amendment to the board of township supervisors of the township. The township shall have ten business days to respond in writing to the county with any opinions, concerns, or potential fiscal impacts on township residents that the township desires the county to consider. The township´s response shall include any recommended actions that the township believes might mitigate any adverse consequences or impacts to the township. The county shall make any responses received from a township a part of the public record and shall acknowledge receipt of the response. The county shall consider the township´s response and shall attempt to mitigate any adverse consequences or impacts identified by the township. The county shall provide the township with a copy of any final action taken by the county on the ordinance or amendment.

36-94-14.

Violations of township ordinances and other code violations as provided by law shall be heard in the magistrate court of the county in which the township is located, and the magistrate court shall have jurisdiction to handle such matters."

SECTION 3.

Said title is further amended by revising paragraph (1) of Code Section 36-66-3, relating to definitions regarding zoning procedures, to read as follows:

"(1) 'Local government' means any county, or municipality, or township which exercises zoning power within its territorial boundaries."

SECTION 4.

Said title is further amended by revising Code Section 36-66A-1, relating to definitions regarding transfer of development rights, to read as follows:

"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, or township in effect on the date the municipality, or county, or township 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 ratio, 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.

(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.

(6) 'Sending property' means a lot or parcel with special characteristics, including farm land; woodland; desert land; mountain land; a flood plain; natural habitats; wetlands; groundwater ground water recharge area; marsh hammocks; recreation areas or parkland, including golf course areas; or land that has unique aesthetic esthetic, architectural, or historic value that a municipality, or county, or township desires to protect from future development.

(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 5.

Said title is further amended by revising Code Section 36-66A-2, relating to procedures, methods, and standards for transfer of development rights, to read as follows:

"36-66A-2.

(a) Pursuant to the provisions of this Code section, the governing body of any municipality, or county, or township 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.

(b) 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.

(c) Prior to any transfer of development rights, a municipality, or county, or township 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, or township 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;

(9) A map or other description of areas designated as sending and receiving areas for the transfer of development rights between properties; and

(10) Such other provisions as the municipality, county, or township 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, the local governing authority shall provide for a hearing on the proposed ordinance. 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.

(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, counties, and townships which are jointly affected by development are authorized to enter in to into 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 6.

Said title is further amended by revising Code Section 36-67-1, relating to applicability and definitions relating to zoning proposal review procedures, to read as follows:

"36-67-1.

This article shall apply only to those counties which have a population of 625,000 or more according to the United States decennial census of 2000 or any future such census and to those municipalities and townships wholly or partially located within such counties which have a population of 100,000 or more according to the United States decennial census of 1980 or any future such census. As used in this article, the term 'local government' means those counties, townships, and municipalities subject to this article; and the term 'governing authority' means the governing authority of each such county, township, and municipality."

SECTION 7.

Said title is further amended by revising paragraph (4) of Code Section 36-67A-1, relating to definitions relating to conflicts of interest in zoning actions, to read as follows:

"(4) 'Local government' means any county, township, or municipality of this state."

SECTION 8.

Said title is further amended by revising Article 1 of Chapter 70, related to planning, as follows:

"ARTICLE 1

36-70-1.

The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. In addition, the natural resources, environment, and vital areas of the state are of vital importance to the state and its citizens. The state has an essential public interest in protecting and preserving the natural resources, the environment, and the vital areas of the state. The purpose of this article is to provide for local governments to serve these essential public interests of the state by authorizing and promoting the establishment, implementation, and performance of coordinated and comprehensive planning by township governments, municipal governments, and county governments, and this article shall be construed liberally to achieve that end. This article is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(1) and Article IX, Section II, Paragraphs III and IV.

36-70-2.

As used in this chapter, the term:

(1) 'Comprehensive plan' means any plan by a county, township, or municipality covering such county, township, or municipality proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans established by the department.

(2) 'Coordinated and comprehensive planning' means planning by counties, townships, and municipalities undertaken in accordance with the minimum standards and procedures for preparation of plans, for implementation of plans, and for participation in the coordinated and comprehensive planning process, as established by the department.

(3) 'County' means any county of this state.

(4) 'Department' means the Department of Community Affairs of the State of Georgia created pursuant to Article 1 of Chapter 8 of Title 50.

(5) 'Governing authority' or 'governing body' means the board of commissioners of a county, sole commissioner of a county, council, commissioners, township supervisors, or other governing authority for a county, township, or municipality.

(5.1) 'Inactive municipality' means any municipality which has not for a period of three consecutive calendar years carried out any of the following activities:

(A) The levying or collecting of any taxes or fees;

(B) The provision of any of the following governmental services: water; sewage; garbage collection; police protection; fire protection; or library; or

(5.2) 'Local government' means any county as defined in paragraph (3) of this Code section, any township as defined in paragraph (10) of this Code section, or any municipality as defined in paragraph (7) of this Code section. The term does not include any school district of this state nor any sheriff, clerk of the superior court, judge of the probate court, or tax commissioner or the office, personnel, or services provided by such elected officials.

(5.3) 'Mechanisms' includes, but is not limited to, intergovernmental agreements, ordinances, resolutions, and local Acts of the General Assembly in effect on July 1, 1997, or executed thereafter.

(6) 'Minimum standards and procedures' means the minimum standards and procedures for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the department, in accordance with Article 1 of Chapter 8 of Title 50. Minimum standards and procedures shall include any standards and procedures for such purposes prescribed by a regional development center for counties, townships, and municipalities within its region and approved in advance by the department.

(7) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state.

(8) 'Region' means the territorial area within the boundaries of operation for any regional development center, as such boundaries shall be established from time to time by the board of the department.

(9) 'Regional development center' means a regional development center established under Article 2 of Chapter 8 of Title 50.

(10) 'Township' means a township created pursuant to Chapter 94 of this title.

36-70-3.

The governing bodies of municipalities, townships, and counties are authorized:

(1) To develop, or to cause to be developed pursuant to a contract or other arrangement approved by the governing body, a comprehensive plan;

(2) To develop, establish, and implement land use regulations which are consistent with the comprehensive plan of the municipality, township, or county, as the case may be;

(3) To develop, establish, and implement a plan for capital improvements which conforms to minimum standards and procedures and to make any capital improvements plan a part of the comprehensive plan of the municipality, township, or county, as the case may be;

(4) To employ personnel, or to enter into contracts with a regional development center or other public or private entity, to assist the municipality, township, or county in developing, establishing, and implementing its comprehensive plan;

(5) To contract with one or more counties, townships, or municipalities, or both or any combination thereof, for assistance in developing, establishing, and implementing a comprehensive plan, regardless of whether the contract is to obtain such assistance or to provide such assistance; and

(6) To take all action necessary or desirable to further the policy of the state for coordinated and comprehensive planning, without regard for whether any such action is specifically mentioned in this article or is otherwise specifically granted by law.

36-70-4.

(a) Each municipality, township, and county shall automatically be a member of the regional development center for the region which includes such municipality, township, or county, as the case may be.

(b) Each municipality, township, and county shall pay, when and as they become due, the annual dues required for membership in its regional development center.

(c) Each municipality, township, and county shall participate in compiling a Georgia data base and network, coordinated by the department, to serve as a comprehensive source of information available, in an accessible form, to local governments and state agencies.

36-70-5.

(a) Except as provided in subsection (b) of this Code section, nothing in this article shall limit or compromise the right of the governing body of any county, township, or municipality to exercise the power of zoning.

(b) Any municipality which is as of April 17, 1992, an inactive municipality shall not on or after April 17, 1992, exercise any powers under this article or exercise any zoning powers, until and unless the municipality is restored to active status by the enactment of an appropriate new or amended charter by local Act of the General Assembly. Any municipality which becomes an inactive municipality after April 17, 1992, shall not after becoming inactive exercise powers under this article or exercise any zoning powers, until and unless the municipality is restored to active status by the enactment of an appropriate new or amended charter by local Act of the General Assembly.

(c) Any county which has located within its boundaries all or any part of any inactive municipality shall have full authority to exercise through its governing body all planning and zoning powers within the area of such inactive municipality within the county, in the same manner as if such area were an unincorporated area."

SECTION 9.

This Act shall become effective on January 1, 2009, provided that an amendment to the state Constitution is passed by the General Assembly and ratified by the voters at the 2008 general election providing for the creation of townships and the exercise of zoning powers by such townships. If such an amendment is not passed and ratified, then this Act shall stand repealed by operation of law on January 1, 2009.

SECTION 10.

All laws and parts of laws in conflict with this Act are repealed.