10 LC 38
1099
House
Bill 1369
By:
Representatives Kaiser of the
59th
and Ashe of the
56th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 15-6-67 of the Official Code of Georgia Annotated, relating
to the recordation of maps and plats and specifications for such maps and
plats, so as to provide that certain data shall be shown on certain maps and
plats; to provide for certain restrictions regarding a plat of a subdivision; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 15-6-67 of the Official Code of Georgia Annotated, relating to the
recordation of maps and plats and specifications for such maps and plats, is
amended by revising paragraph (4) of subsection (b) by deleting "and" at the end
of subparagraph (M), substituting "; and" for the period at the end of
subparagraph (N), and adding a new subparagraph to read as follows:
"(O)
A statement shall be shown on the map or plat that neither the surveyor's seal
nor the recordation of the map or plat shall constitute approval or recognition
by a municipality or county of any entitlement to use or develop the land other
than in accordance with any applicable municipal or county ordinance, including
but not limited to zoning or
subdivision."
SECTION
2.
Said
Code section is further amended by revising subsection (d) as
follows:
"(d)
Whenever the municipal planning commission, the county planning commission, the
municipal-county planning commission, or, if no such planning commission exists,
the appropriate municipal or county governing authority prepares and adopts
subdivision regulations, and
upon
receiving
receives
approval thereon by the appropriate governing authority,
then
no plat of subdivision of land within the municipality or the county shall be
filed or recorded in the office of the clerk of the superior court of a county
without the approval thereon of the municipal or county planning commission or
governing authority and without such approval having been entered in writing on
the plat by the secretary of the municipal or county planning commission or
governing authority. The clerk of the superior court shall not file or record a
plat of subdivision which does not have the approval of the municipal or county
planning commission or governing authority as required by this subsection.
Notwithstanding any other provision of this subsection to the contrary, no
approval shall be required
if each lot
shown on the plat of subdivision is greater than one acre in size
and if no new streets or roads are created
or no new utility improvements are required or no new sanitary sewer or approval
of a septic tank is required. Any plat of survey containing thereon a
certification from the licensed surveyor that the provisions relative to this
subsection do not require approval shall entitle said plat to
record."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.