§
36-66A-1. Definitions
As used in this chapter, the term:
(1) "Development rights" means the development
that would be allowed on the sending property under any comprehensive or
specific plan or 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 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 recharge
area; marsh hammocks; 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.
(7) "Transfer of development rights" means the
process by which development rights from a sending property are affixed to one
or more receiving properties.
(8) "Transfer ratio" means the ratio of the
number of development rights that may be allocated to and transferred from a
lot or parcel in a sending area to the number of development credits that may
be allocated to and used upon a lot or parcel in a receiving area.
HISTORY: Code 1981, § 36-66A-1,
enacted by Ga. L. 1998, p. 1678, § 1; Ga. L. 2001, p. 1219, § 2; Ga. L. 2003,
p. 859, § 1; Ga. L. 2008, p. 1029, § 1/HB 1160.
§
36-66A-2. Procedures, methods, and standards for transfer of
development rights
(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.
(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
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 and recorded in the county superior court
clerk's office and in a separate registry maintained by the municipal or county
governing authority;
(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, which may include the transfer of development rights in
accordance with any transfer ratio established by the local government for
sending areas, receiving areas, or both;
(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;
(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 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, 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 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.
HISTORY: Code 1981, § 36-66A-2, enacted by Ga. L. 1998, p. 1678, § 1;
Ga. L. 2001, p. 1219, § 3; Ga. L. 2003, p. 859, § 1; Ga. L. 2008, p. 1029, §
2/HB 1160.