08 HB
1160/AP
House
Bill 1160 (AS PASSED HOUSE AND SENATE)
By:
Representatives Walker of the
107th,
Sheldon of the
105th,
Smith of the
70th,
and Forster of the
3rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 66A of Title 36 of the Official Code of Georgia Annotated,
relating to the transfer of development rights, so as to define certain terms;
to provide for the severance of transferable development rights; to provide for
recordation and a registry for transferable development rights; to provide for
related matters; to provide for an effective date and applicability; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
66A of Title 36 of the Official Code of Georgia Annotated, relating to the
transfer of development rights, is amended in Code Section 36-66A-1, relating to
definitions, by revising paragraph (1) and adding a new paragraph as
follows:
"(1)
'Development rights' means the
maximum
development that would be allowed on the sending property under any
general
comprehensive
or specific plan
and
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
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."
"(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."
SECTION
2.
Said
chapter is further amended in Code Section 36-66A-2, relating to procedures for
transfer of development rights, by revising paragraphs (1) and (3) of subsection
(c) as follows:
"(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;"
"(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;"
SECTION
3.
This
Act shall become effective on July 1, 2008, and shall apply to transfers of
development rights executed on or after that date.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.