sb89_As_introduced_LC_28_3358

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07 LC 28 3358

Senate Bill 89

By: Senators Adelman of the 42nd, Pearson of the 51st, Weber of the 40th, Golden of the 8th, Stoner of the 6th and others

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 town supervisors for such townships; to provide for powers, duties, and functions of such town supervisors; to provide for officers, meetings, elections, and filling of vacancies for such town 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 counties 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 93 to read as follows:

"CHAPTER 93

36-93-1.

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

36-93-2.

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 comprised of a single, contiguous geographical area containing at least 500 acres, containing an average resident population density of at least 200 persons per square mile, 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 town supervisors of the township;

(4) Whether members of the board of town 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 town supervisors and the date for the initial election of members of the board of town supervisors which shall be in accordance with the provisions of Code Section 21-2-540;

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

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

(8) The number of members of the board of town 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.

36-93-3.

(a) The activities of a township created pursuant to this chapter shall be governed by a board of town 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.

(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 town 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 and 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;

(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 other licenses;

(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;

(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;

(18) To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; and

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

(d) The board of town supervisors shall hold regular meetings at such times and places as prescribed by ordinance. Special meetings of the board of town supervisors may be held on call of the chairperson or a majority of the members of the board of town 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 town 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 town 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.

36-93-4.

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

36-93-5.

(a) Except as provided in subsection (c) 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 town supervisors and approval by the electors of the township in a referendum.

(b) Upon the approval by a majority of the members of the board of town 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.

(c) Provided that such areas abut the limits of the township, 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.

(d)(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 or length 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 paragraph; 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) 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.

(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 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. 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.

36-93-6.

(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 town 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 town supervisors shall serve a four-year term of office. The initial terms of members of the board of town 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 town supervisors shall be filled as follows:

(1) If there are 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 are 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 town supervisors.

36-93-7.

(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 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 town supervisors. Any member of the board of town supervisors of a township who has a private interest in any matter pending before the board of town 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 who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within the board of town supervisors shall disclose such private interest to the board of town 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 town 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 town supervisors.

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

36-93-8.

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 town supervisors. The audit shall be conducted according to generally accepted accounting principles. 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.

36-93-9.

Except for the purposes expressly set forth in this chapter, 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, except those expressly provided for in this chapter to be provided by the township, to such property.

36-93-10.

(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 Town 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 town 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 town supervisors in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced. Upon introduction of any ordinance, the board of town supervisors shall, as soon as possible, distribute a copy to each member of the board of town supervisors and shall file a reasonable number of copies in its offices and at such other public places as the board of town supervisors may designate.

36-93-11.

(a) At the first meeting of the board of town 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 town supervisors and shall be entitled to vote in all matters coming before the board of town supervisors except matters in which such chairperson has disqualified himself or herself as a result of a conflict of interest or other cause.

36-93-12.

(a) Until July 1 of the year following the election of the initial board of town supervisors of a township, the county or counties 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 town supervisors of a township, the county or counties 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."

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, 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.

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 9.

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