reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 70 - COORDINATED AND COMPREHENSIVE PLANNING AND SERVICE DELIVERY BY COUNTIES AND MUNICIPALITIES (§§ 36-70-1 — 36-70-29) › Article 2 - SERVICE DELIVERY (§§ 36-70-20 — 36-70-29) › Section 36-70-23 - Required components

Each local government service delivery strategy shall include the following components:
(1)
An identification of all local government services presently provided or primarily funded by each general purpose local government and each authority within the county, or providing services within the county, and a description of the geographic area in which the identified services are provided by each jurisdiction;
(2)
An assignment of which local government or authority, pursuant to the requirements of this article, will provide each service, the geographic areas of the county in which such services are to be provided, and a description of any services to be provided by any local government to any geographic area outside its geographical boundaries. In the event two or more local governments within the county are assigned responsibility for providing identical services within the same geographic area, the strategy shall include an explanation of such arrangement;
(3)
A description of the source of the funding for each service identified pursuant to paragraph (2) of this Code section; and
(4)
An identification of the mechanisms to be utilized to facilitate the implementation of the services and funding responsibilities identified pursuant to paragraphs (2) and (3) of this Code section.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 70 - COORDINATED AND COMPREHENSIVE PLANNING AND SERVICE DELIVERY BY COUNTIES AND MUNICIPALITIES (§§ 36-70-1 — 36-70-29) › Article 2 - SERVICE DELIVERY (§§ 36-70-20 — 36-70-29) › Section 36-70-23.1 - [Effective 1/1/2026] [State-wide mapping standards]

The department shall develop state-wide mapping standards in consultation with the Georgia Geospatial Advisory Council created under Article 13 of Chapter 8 of Title 50, which shall be used for any service delivery strategy for which the parties elect to describe geographic areas for local government services within each county by using maps. Such state-wide mapping standards shall include standards for describing geographical areas to include by jurisdiction level, census tract, and parcel number. The department shall promulgate such mapping standards by rule or regulation on or before March 1, 2026.
Added by 2024 Ga. Laws 698,§ 1, eff. 1/1/2026.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 70 - COORDINATED AND COMPREHENSIVE PLANNING AND SERVICE DELIVERY BY COUNTIES AND MUNICIPALITIES (§§ 36-70-1 — 36-70-29) › Article 2 - SERVICE DELIVERY (§§ 36-70-20 — 36-70-29) › Section 36-70-25 - [Effective Until 1/1/2026] Approval; extension of deadline date

(a)
Approval of the local government service delivery strategy shall be accomplished as provided for in this Code section.
(b)
The county and each municipality within the county shall participate in the development of the strategy. Approval of the strategy shall be accomplished by adoption of a resolution:
(1)
By the county governing authority;
(2)
By the governing authority of municipalities located within the county which have a population of 9,000 or greater within the county;
(3)
By the municipality which serves as the county site if not included in paragraph (2) of this subsection; and
(4)
By no less than 50 percent of the remaining municipalities within the county which contain at least 500 persons within the county if not included in paragraph (2) or (3) of this subsection.
(c)
For the purpose of determining population, the population in the most recent United States decennial census shall be utilized.
(d)
The adoption of a service delivery strategy specified in Code Section
36-70-21
may be extended to a date certain no later than 120 days following the date otherwise specified in Code Section
36-70-21
upon written agreement of the local governments enumerated in subsection (b) of this Code section. In the event such an agreement is executed, the sanctions specified in Code Section
36-70-27
shall not apply until on and after such extended date.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 70 - COORDINATED AND COMPREHENSIVE PLANNING AND SERVICE DELIVERY BY COUNTIES AND MUNICIPALITIES (§§ 36-70-1 — 36-70-29) › Article 2 - SERVICE DELIVERY (§§ 36-70-20 — 36-70-29) › Section 36-70-25 - [Effective 1/1/2026] Approval; extension of deadline date

(a)
The county and each municipality within the county shall participate in the development of the strategy.
(b)
Approval of a local government service delivery strategy shall be accomplished by adoption of a resolution:
(1)
By the county governing authority;
(2)
By the governing authority of municipalities located within the county which have a population of 9,000 or greater within the county;
(3)
By the municipality which serves as the county site if not included in paragraph (2) of this subsection; and
(4)
By no less than 50 percent of the remaining municipalities within the county which contain at least 500 persons within the county if not included in paragraph (2) or (3) of this subsection.
(c)
For the purpose of determining population for the purposes of this article, the population in the most recent United States decennial census shall be utilized.
Amended by 2024 Ga. Laws 698,§ 1, eff. 1/1/2026.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 70 - COORDINATED AND COMPREHENSIVE PLANNING AND SERVICE DELIVERY BY COUNTIES AND MUNICIPALITIES (§§ 36-70-1 — 36-70-29) › Article 2 - SERVICE DELIVERY (§§ 36-70-20 — 36-70-29) › Section 36-70-25.1 - [Effective 1/1/2026] Dispute resolution procedures

(a)
As used in this Code section, the term 'affected municipality' means the county seat and each municipality of at least 500 persons .
(b)
If a county and the affected municipalities in the county are unable to reach an agreement on all services within 90 days of initiation of the process provided for in Code Section
36-70-22
, the county and all affected municipalities shall, by such ninetieth day, commence mediation in an attempt to reach a final agreement. Such mediation shall be limited to discussing only those services and geographic areas which remain to be agreed upon.
(c)
The costs of the mediation process undergone pursuant to this Code section shall be shared by the parties to the mediation pro rata based on each party's population according to the most recent United States decennial census with the county's population including only the unincorporated population of the county.
Amended by 2024 Ga. Laws 698,§ 1, eff. 1/1/2026.
Amended by 2006 Ga. Laws 453,§ 36, eff. 4/14/2006.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 70 - COORDINATED AND COMPREHENSIVE PLANNING AND SERVICE DELIVERY BY COUNTIES AND MUNICIPALITIES (§§ 36-70-1 — 36-70-29) › Article 2 - SERVICE DELIVERY (§§ 36-70-20 — 36-70-29) › Section 36-70-25.2 - [Effective 1/1/2026]

(a)
As used in this Code section, the term "affected municipality" means the county seat and each municipality of at least 500 persons.
(b)
(1)
After completing the mediation process required by Code Section
36-70-25.1
, but prior to the 180th day following the initiation of the process under this article, the county and any affected municipalities with outstanding disagreements related to the service delivery strategy may elect to begin nonbinding arbitration in an attempt to resolve only such outstanding disagreements.
(2)
Evidence presented as part of any such nonbinding arbitration shall be limited to information included in the written proposals required by Code Section 36-70-22.1 and any written documentation associated with the required mediation conducted pursuant to Code Section
36-70-25.1
.
(3)
Within 15 days of the conclusion of the evidentiary phase of the nonbinding arbitration, the arbitrator shall issue to the parties its written decision, which shall be considered a public record and subject to disclosure pursuant to Code Section
50-18-71
.
(c)
(1)
The costs of the arbitration process undergone pursuant to this Code section shall be shared by the parties to the arbitration pro rata based on each party's population according to the most recent United States decennial census with the county's population including only the unincorporated population of the county.
(2)
Notwithstanding the provisions of paragraph (1) of this subsection, if the arbitrator issues a written determination that any party or parties advanced a position that lacked substantial justification, which shall mean substantially frivolous, substantially groundless, or substantially vexatious, the costs shall be borne by such party or parties that advanced such position.
Added by 2024 Ga. Laws 698,§ 1, eff. 1/1/2026.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 70 - COORDINATED AND COMPREHENSIVE PLANNING AND SERVICE DELIVERY BY COUNTIES AND MUNICIPALITIES (§§ 36-70-1 — 36-70-29) › Article 2 - SERVICE DELIVERY (§§ 36-70-20 — 36-70-29) › Section 36-70-25.3 - [Effective 1/1/2026]

(a)
As used in this Code section, the term "participating local government" means:
(1)
Any county that completed the mediation process required by Code Section
36-70-25.1
and requested or participated in non-binding arbitration pursuant to Code Section 36-70-25.2; and
(2)
Any municipality required to adopt a resolution approving the local government service delivery strategy pursuant to subsection (b) of Code Section
36-70-25
that completed the mediation process required by Code Section
36-70-25.1
and requested or participated in non-binding arbitration pursuant to Code Section 36-70-25.2.
(b)
Subsequent to the completion of the mediation process required by Code Section
36-70-25.1
and non-binding arbitration, if any, requested pursuant to Code Section 36-70-25.2, a participating local government with outstanding disagreements related to the service delivery strategy may petition the superior court of the county to resolve such disagreements. Such petition shall be assigned pursuant to Code Section
15-1-9.1
or Code Section
15-6-13
to a judge who is not a judge in the circuit in which the county is located and is a senior judge under Code Section
15-1-9.2
.
(c)
The assigned judge shall conduct one or more evidentiary hearings as he or she determines are necessary and render a decision with regard to the disputed items. In rendering the decision, such judge shall consider the required elements of a service delivery strategy and seek to satisfy the intent of this article as provided in Code Section
36-70-20
.
(d)
Evidence presented as part of the judicial process established by this Code section shall be limited to:
(1)
Information included in the written proposals required by Code Section 36-70-22.1;
(2)
Written documentation associated with the required mediation conducted pursuant to Code Section
36-70-25.1
; and
(3)
The decision or final report issued with respect to any nonbinding arbitration conducted pursuant to Code Section 36-70-25.2.
(e)
The assigned judge shall be authorized to utilize the power of contempt to obtain compliance with the decision rendered pursuant to this Code section.
Added by 2024 Ga. Laws 698,§ 1, eff. 1/1/2026.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 70 - COORDINATED AND COMPREHENSIVE PLANNING AND SERVICE DELIVERY BY COUNTIES AND MUNICIPALITIES (§§ 36-70-1 — 36-70-29) › Article 2 - SERVICE DELIVERY (§§ 36-70-20 — 36-70-29) › Section 36-70-26 - [Effective Until 1/1/2026] Required filing; verification of components

Each county shall file the agreement for the implementation of strategy required by Code Section
36-70-21
with the department. The department shall, within 30 days of receipt, verify that the strategy includes the components enumerated in Code Section
36-70-23
and the minimum criteria enumerated in Code Section
36-70-24
. The department, however, shall neither approve nor disapprove the specific elements or outcomes of the strategy.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 70 - COORDINATED AND COMPREHENSIVE PLANNING AND SERVICE DELIVERY BY COUNTIES AND MUNICIPALITIES (§§ 36-70-1 — 36-70-29) › Article 2 - SERVICE DELIVERY (§§ 36-70-20 — 36-70-29) › Section 36-70-26 - [Effective 1/1/2026] Required filing; verification of components

(a)
Each county shall file the agreement for the implementation of strategy required by Code Section
36-70-21
with the department after the agreement has been adopted by resolution as provided for in Code Section
36-70-25
.
(b)
The department shall, within 30 days of receipt, verify that the strategy includes the components enumerated in Code Section
36-70-23
and the minimum criteria enumerated in Code Section
36-70-24
. The department, however, shall neither approve nor disapprove the specific elements or outcomes of the strategy.
(c)
In the event that no agreement is properly filed by a county by December 31 of the year following the year in which the county's ten-year comprehensive plan update is due or within 180 days of the triggering event under paragraph (2) of subsection (a) of Code Section
36-70-21
, the department shall notify the affected local governments and all relevant state agencies that the jurisdictions are out of compliance with the laws regarding service delivery strategies, and the sanctions provided for in Code Section
36-70-27
shall apply; provided, however, that, in the event the local governments are participating in a nonbinding arbitration pursuant to Code Section 36-70-25.2, the deadline shall not be extended for more than 180 days.
(d)
The department shall promulgate rules and regulations only to the extent necessary to implement the provisions of this Code section.
Amended by 2024 Ga. Laws 698,§ 1, eff. 1/1/2026.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 70 - COORDINATED AND COMPREHENSIVE PLANNING AND SERVICE DELIVERY BY COUNTIES AND MUNICIPALITIES (§§ 36-70-1 — 36-70-29) › Article 2 - SERVICE DELIVERY (§§ 36-70-20 — 36-70-29) › Section 36-70-27 - [Effective Until 1/1/2026] Limitation of funding for projects inconsistent with strategy

(a)
(1)
No state administered financial assistance or grant, loan, or permit shall be issued to any local government or authority which is not included in a department verified strategy or for any project which is inconsistent with such strategy; provided, however, that a municipality or authority located or operating in more than one county shall be included in a department verified strategy for each county wherein the municipality or authority is located or operating.
(2)
Paragraph (1) of this subsection shall not apply to any drinking water project of the Georgia Environmental Finance Authority or of any local government or authority if such project is a proposed drinking water supply reservoir or any water withdrawal, treatment, distribution, or other potable water facility associated with such reservoir and the project shall furnish potable water to wholesale users in incorporated areas in one or more counties. Within one year after such proposed drinking water supply reservoir becomes operational, the local governments and authorities in the affected county or counties shall update their service delivery strategy or strategies to be consistent with water supply arrangements resulting from the operation of such reservoir.
(b)
(1)
If a municipality containing fewer than 500 persons within the county fails to establish a process to resolve disputes as required by subparagraph (C) of paragraph (4) of Code Section
36-70-24
, the sanctions specified in subsection (a) of this Code section shall not be imposed upon:
(A)
The county within which any such municipality or portion of any such municipality is located; or
(B)
Any other municipality located in such county.
(2)
The provisions of this subsection shall apply only if a process to resolve disputes required by subparagraph (C) of paragraph (4) of Code Section
36-70-24
has been established between the county and each municipality containing 500 or more persons within the county.
(c)
Any local government or authority which is subject to the sanctions specified in subsection (a) of this Code section shall become eligible for state administered financial assistance or grants, loans, or permits on the first day of the month following verification by the department that the requirements of Code Section
36-70-26
have been met.
Amended by 2010 Ga. Laws 667,§ 1, eff. 6/4/2010.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 70 - COORDINATED AND COMPREHENSIVE PLANNING AND SERVICE DELIVERY BY COUNTIES AND MUNICIPALITIES (§§ 36-70-1 — 36-70-29) › Article 2 - SERVICE DELIVERY (§§ 36-70-20 — 36-70-29) › Section 36-70-27 - [Effective 1/1/2026] Limitation of funding for projects inconsistent with strategy

(a)
(1)
No state administered financial assistance or grant, loan, or permit shall be issued to any local government or authority which is not included in a local government service delivery strategy that the department has verified as meeting the requirements of Code Section
36-70-26
, or for any project which is inconsistent with such strategy; provided, however, that a municipality or authority located or operating in more than one county shall be included in a department verified strategy for each county wherein the municipality or authority is located or operating.
(2)
Paragraph (1) of this subsection shall not apply to any:
(A)
Drinking water or wastewater project of the Georgia Environmental Finance Authority;
(B)
Public safety or Environmental Protection Division permits; or
(C)
County, municipality, or authority that establishes to the satisfaction of the department through the adoption of a resolution that such county, municipality, or authority does not have any outstanding disagreements related to the service delivery strategy and is not otherwise responsible for such service delivery strategy not being verified by the department
.
(b)
Any local government or authority which is subject to the sanctions specified in subsection (a) of this Code section shall become eligible for state administered financial assistance or grants, loans, or permits on the first day of the month following verification by the department that the requirements of Code Section
36-70-26
have been met.
(c)
The sanctions specified in subsection (a) of this Code section shall not apply to any state administered financial assistance or grant, loan, or permit that the applicable state agency or department determines is intended to address any of the following:
(1)
A state of emergency declared by any federal, state, or local emergency management agency, official, or authority;
(2)
A natural disaster;
(3)
Any set of conditions or circumstances that pose a danger to the health, safety, or welfare of any person or property; or
(4)
The order of any federal or state agency or court.
Amended by 2024 Ga. Laws 698,§ 1, eff. 1/1/2026.
Amended by 2010 Ga. Laws 667,§ 1, eff. 6/4/2010.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 70 - COORDINATED AND COMPREHENSIVE PLANNING AND SERVICE DELIVERY BY COUNTIES AND MUNICIPALITIES (§§ 36-70-1 — 36-70-29) › Article 2 - SERVICE DELIVERY (§§ 36-70-20 — 36-70-29) › Section 36-70-28 - [Effective Until 1/1/2026] "Affected municipality" defined; review and revision of strategy

(a)
As used in this Code section, the term "affected municipality" means each municipality required to adopt a resolution approving the local government service delivery strategy pursuant to subsection (b) of Code Section
36-70-25
.
(b)
Each county and affected municipality shall review, and revise if necessary, the approved strategy:
(1)
In conjunction with updates of the comprehensive plan as required by Article 1 of this chapter;
(2)
Whenever necessary to change service delivery or revenue distribution arrangements;
(3)
Whenever necessary due to changes in revenue distribution arrangements;
(4)
In the event of the creation, abolition, or consolidation of local governments;
(5)
When the existing service delivery strategy agreement expires; or
(6)
Whenever the county and affected municipalities agree to revise the strategy.
(c)
In the event that a county or an affected municipality located within the county refuses to review and revise, if necessary, a strategy in accordance with paragraphs (2) and (3) of subsection (b) of this Code section, then any of the parties may use the alternative dispute resolution and appeal procedures set forth in subsection (d) of Code Section
36-70-25.1
.
Amended by 2006 Ga. Laws 453,§ 36, eff. 4/14/2006.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 70 - COORDINATED AND COMPREHENSIVE PLANNING AND SERVICE DELIVERY BY COUNTIES AND MUNICIPALITIES (§§ 36-70-1 — 36-70-29) › Article 2 - SERVICE DELIVERY (§§ 36-70-20 — 36-70-29) › Section 36-70-28 - [Effective 1/1/2026] "Affected municipality" defined; review and revision of strategy

(a)
As used in this Code section, the term 'affected municipality' means the county seat and each municipality of at least 500 persons .
(b)
In addition to the ten-year update required by paragraph (1) of subsection (a) of Code Section
36-70-21
, each county and affected municipality shall review and revise the approved strategy:
(1)
Whenever necessary due to changes in revenue distribution arrangements;
(2)
In the event of the creation, abolition, or consolidation of local governments;
(3)
When the existing service delivery strategy agreement expires; and
(4)
Whenever the county and affected municipalities agree to revise the strategy.
(b.1)
(1)
In the event that a change in service delivery or revenue distribution arrangements affects less than all of the local governments that are parties to the approved strategy, an amendment to the strategy limited to such changed service or services or revenue distribution arrangements between only those specific local governments may be submitted solely by the affected local governments and without the approval of the other nonimpacted county and affected municipalities in the county whose approval would otherwise be required under subsection (b) of Code Section
36-70-25
.
(2)
Any amendments to the approved strategy or revenue distribution arrangement which affect less than all of the local governments that are parties to the approved strategy shall be subject to review and revision whenever the service delivery strategy affecting the county and all municipalities within the county becomes subject to review and revision under paragraph (1) of subsection (a) of Code Section
36-70-21
or subsection (b) of this Code section.
(c)
In the event that a county or an affected municipality located within the county refuses to review and revise a strategy in accordance with paragraph (2) of subsection (b) of this Code section, then any of the parties may use the mediation or nonbinding arbitration processes provided for in this article.
Amended by 2024 Ga. Laws 698,§ 1, eff. 1/1/2026.
Amended by 2006 Ga. Laws 453,§ 36, eff. 4/14/2006.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 70 - COORDINATED AND COMPREHENSIVE PLANNING AND SERVICE DELIVERY BY COUNTIES AND MUNICIPALITIES (§§ 36-70-1 — 36-70-29) › Article 2 - SERVICE DELIVERY (§§ 36-70-20 — 36-70-29) › Section 36-70-29 - [Effective 1/1/2026] [Prohibitions on department]

The department shall be prohibited from acting or promulgating rules or regulations regarding this article except to the extent explicitly provided for in this article.
Added by 2024 Ga. Laws 698,§ 1, eff. 1/1/2026.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 71 - DEVELOPMENT IMPACT FEES (§§ 36-71-1 — 36-71-13) › Section 36-71-1 - Short title; legislative findings and intent

(a)
This chapter shall be known and may be cited as the "Georgia Development Impact Fee Act."
(b)
The General Assembly finds that an equitable program for planning and financing public facilities needed to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety, and general welfare of the citizens of the State of Georgia. It is the intent of this chapter to:
(1)
Ensure that adequate public facilities are available to serve new growth and development;
(2)
Promote orderly growth and development by establishing uniform standards by which municipalities and counties may require that new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth and development;
(3)
Establish minimum standards for the adoption of development impact fee ordinances by municipalities and counties; and
(4)
Ensure that new growth and development is required to pay no more than its proportionate share of the cost of public facilities needed to serve new growth and development and to prevent duplicate and ad hoc development exactions.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 71 - DEVELOPMENT IMPACT FEES (§§ 36-71-1 — 36-71-13) › Section 36-71-3 - Imposition of development impact fees

(a)
Municipalities and counties which have adopted a comprehensive plan containing a capital improvements element are authorized to impose by ordinance development impact fees as a condition of development approval on all development pursuant to and in accordance with the provisions of this chapter. After the transition period provided in this chapter, development exactions for other than project improvements shall be imposed by municipalities and counties only by way of development impact fees imposed pursuant to and in accordance with the provisions of this chapter.
(b)
Notwithstanding any other provision of this chapter, that portion of a project for which a valid building permit has been issued prior to the effective date of a municipal or county development impact fee ordinance shall not be subject to development impact fees so long as the building permit remains valid and construction is commenced and is pursued according to the terms of the permit.
(c)
Payment of a development impact fee shall be deemed to be in compliance with any municipal or county requirement for the provision of adequate public facilities or services in regard to the system improvements for which the development impact fee was paid.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 71 - DEVELOPMENT IMPACT FEES (§§ 36-71-1 — 36-71-13) › Section 36-71-5 - Development Impact Fee Advisory Committee

(a)
Prior to the adoption of a development impact fee ordinance, a municipality or county adopting an impact fee program shall establish a Development Impact Fee Advisory Committee.
(b)
Such committee shall be composed of not less than five nor more than ten members appointed by the governing authority of the municipality or county and at least 50 percent of the membership shall be representatives from the development, building, or real estate industries. An existing planning commission or other existing committee that meets these requirements may serve as the Development Impact Fee Advisory Committee.
(c)
The Development Impact Fee Advisory Committee shall serve in an advisory capacity to assist and advise the governing body of the municipality or county with regard to the adoption of a development impact fee ordinance. In that the committee is advisory, no action of the committee shall be considered a necessary prerequisite for municipal or county action in regard to adoption of an ordinance.
Amended by 2007 Ga. Laws 232,§ 3, eff. 7/1/2007.
Amended by 2006 Ga. Laws 453,§ 36, eff. 4/14/2006.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 71 - DEVELOPMENT IMPACT FEES (§§ 36-71-1 — 36-71-13) › Section 36-71-6 - Hearings on proposed fee ordinance

Prior to the adoption of an ordinance imposing a development impact fee pursuant to this chapter, the governing body of a municipality or county shall cause two duly noticed public hearings to be held in regard to the proposed ordinance. The second hearing shall be held at least two weeks after the first hearing.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 71 - DEVELOPMENT IMPACT FEES (§§ 36-71-1 — 36-71-13) › Section 36-71-7 - Credit for present value of construction accepted by municipality or county from developer

(a)
In the calculation of development impact fees for a particular project, credit shall be given for the present value of any construction of improvements or contribution or dedication of land or money required or accepted by a municipality or county from a developer or his predecessor in title or interest for system improvements of the category for which the development impact fee is being collected. Credits shall not be given for project improvements.
(b)
In the event that a developer enters into an agreement with a county or municipality to construct, fund, or contribute system improvements such that the amount of the credit created by such construction, funding, or contribution is in excess of the development impact fees which would otherwise have been paid for the development project, the developer shall be reimbursed for such excess construction, funding, or contribution from development impact fees paid by other development located in the service area which is benefited by such improvements.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 71 - DEVELOPMENT IMPACT FEES (§§ 36-71-1 — 36-71-13) › Section 36-71-9 - Refunds

Any municipality or county which adopts a development impact fee ordinance shall provide for refunds in accordance with the following provisions:
(1)
Upon the request of an owner of property on which a development impact fee has been paid, a municipality or county shall refund the development impact fee if capacity is available and service is denied or if the municipality or county, after collecting the fee when service is not available, has failed to encumber the development impact fee or commence construction within six years after the date that the fee was collected. In determining whether development impact fees have been encumbered, development impact fees shall be considered encumbered on a first-in, first-out (FIFO) basis;
(2)
When the right to a refund exists due to a failure to encumber development impact fees, the municipality or county shall provide written notice of entitlement to a refund to the feepayor who paid the development impact fee at the address shown on the application for development approval or to a successor in interest who has given notice to the municipality or county of a transfer or assignment of the right or entitlement to a refund and who has provided a mailing address. Such notice shall also be published within 30 days after the expiration of the six-year period after the date that the development impact fees were collected and shall contain the heading "Notice of Entitlement to Development Impact Fee Refund";
(3)
An application for a refund shall be made within one year of the time such refund becomes payable under paragraph (1) or (2) of this Code section or within one year of publication of the notice of entitlement to a refund under this Code section, whichever is later;
(4)
A refund shall include a refund of a pro rata share of interest actually earned on the unused or excess development impact fee collected;
(5)
All refunds shall be made to the feepayor within 60 days after it is determined by a municipality or county that a sufficient proof of claim for a refund has been made; and
(6)
The feepayor shall have standing to sue for a refund under the provisions of this chapter if there has been a timely application for a refund and the refund has been denied or has not been made within one year of submission of the application for refund to the collecting municipality or county.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 71 - DEVELOPMENT IMPACT FEES (§§ 36-71-1 — 36-71-13) › Section 36-71-10 - Appeal of fee determination; arbitration

(a)
A municipality or county which adopts a development impact fee ordinance shall provide for administrative appeals to the governing body or such other body as designated in the ordinance of a determination of the development impact fees for a particular project.
(b)
A developer may pay a development impact fee under protest in order to obtain a development approval or building permit, as the case may be. A developer making such payment shall not be estopped from exercising the right of appeal provided by this chapter, nor shall such developer be estopped from receiving a refund of any amount deemed to have been illegally collected.
(c)
A municipality or county development impact fee ordinance may provide for the resolution of disputes over the development impact fee by binding arbitration through the American Arbitration Association or otherwise.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 71 - DEVELOPMENT IMPACT FEES (§§ 36-71-1 — 36-71-13) › Section 36-71-11 - Intergovernmental agreements

Municipalities and counties which are jointly affected by development are authorized to enter into intergovernmental agreements with each other, with authorities, or with the state for the purpose of developing joint plans for capital improvements or for the purpose of agreeing to collect and expend development impact fees for system improvements, or both, provided that such agreement complies with any applicable state laws.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 71 - DEVELOPMENT IMPACT FEES (§§ 36-71-1 — 36-71-13) › Section 36-71-12 - Existing municipal and county laws to be brought into conformance with chapter

This chapter shall not repeal any existing laws authorizing a municipality or county to impose fees or require contributions or property dedications for capital improvements; provided, however, that all local ordinances or resolutions imposing development exactions for system improvements on April 4, 1990, shall be brought into conformance with this chapter no later than November 30, 1992.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 71 - DEVELOPMENT IMPACT FEES (§§ 36-71-1 — 36-71-13) › Section 36-71-13 - Construction of reasonable project improvements; private agreements between property owners or developers and municipalities and counties; hook-up or connection fees for water or sewer service; applicability of chapter to water authorities

(a)
Nothing in this chapter shall prevent a municipality or county from requiring a developer to construct reasonable project improvements in conjunction with a development project.
(b)
Nothing in this chapter shall be construed to prevent or prohibit private agreements between property owners or developers and municipalities, counties, or other governmental entities in regard to the construction or installation of system improvements and providing for credits or reimbursements for system improvement costs incurred by a developer including interproject transfers of credits or providing for reimbursement for project improvement costs which are used or shared by more than one development project.
(c)
Nothing in this chapter shall limit a municipality, county, or other governmental entity which provides water or sewer service from collecting a proportionate share of the capital cost of water or sewer facilities by way of hook-up or connection fees as a condition of water or sewer service to new or existing users, provided that the development impact fee ordinance of a municipality or county or other governmental entity that collects development impact fees pursuant to this chapter shall include a provision for credit for such hook-up or connection fees collected by the municipality or county to the extent that such hook-up or connection fee is collected to pay for system improvements. Imposition of such hook-up or connection fees by any governmental entity to pay for system improvements either existing or new shall be consistent with the capital improvement element of the comprehensive plan and shall be subject to the approval of each county, municipality, or combination thereof which appoints the governing body of such entity. The adoption, imposition, collection, and expenditure of such fees for system improvements by any governmental entity shall be subject to the same procedures applicable to the adoption, imposition, collection, and expenditure of development impact fees by a county.
(d)
Nothing in this chapter shall apply to a water authority created by Act of the General Assembly, as long as such authority is not established as a political subdivision of the State of Georgia but instead acts subject to the approval of a county governing authority.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 72 - ABANDONED CEMETERIES AND BURIAL GROUNDS (§§ 36-72-1 — 36-72-16) › Section 36-72-1 - Legislative findings and intent

(a)
The care accorded the remains of deceased persons reflects respect and regard for human dignity as well as cultural, spiritual, and religious values. The General Assembly declares that human remains and burial objects are not property to be owned by the person or entity which owns the land or water where the human remains and burial objects are interred or discovered, but human remains and burial objects are a part of the finite, irreplaceable, and nonrenewable cultural heritage of the people of Georgia which should be protected.
(b)
It is the intent of the General Assembly that the provisions of this chapter be construed to require respectful treatment of human remains in accord with the equal and innate dignity of every human being and consistent with the identifiable ethnic, cultural, and religious affiliation of the deceased individual as indicated by the method of burial or other historical evidence or reliable information.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 72 - ABANDONED CEMETERIES AND BURIAL GROUNDS (§§ 36-72-1 — 36-72-16) › Section 36-72-2 - Definitions

As used in this chapter, the term:
(1)
"Abandoned cemetery" means a cemetery which shows signs of neglect including, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave markers or boundaries and for which no person can be found who is legally responsible and financially capable of the upkeep of such cemetery.
(2)
"Archeologist" means any person who is:
(A)
A member of or meets the criteria for membership in the Society of Professional Archaeologists and can demonstrate experience in the excavation and interpretation of human graves; or
(B)
Employed on July 1, 1991, by the state or by any county or municipal governing authority as an archeologist.
(3)
"Burial ground" means an area dedicated to and used for interment of human remains. The term shall include privately owned burial plots, individually and collectively, once human remains have been buried therein. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes.
(4)
"Burial object" means any item reasonably believed to have been intentionally placed with the human remains at the time of burial or interment or any memorial, tombstone, grave marker, or shrine which may have been added subsequent to interment. Such term also means any inscribed or uninscribed marker, coping, curbing, enclosure, fencing, pavement, shelter, wall, stoneware, pottery, or other grave object erected or deposited incident to or subsequent to interment.
(5)
"Cemetery" or "cemeteries" means any land or structure in this state dedicated to and used for interment of human remains. It may be either a burial park for earth interments or a mausoleum for vault or crypt interments or a combination of one or more thereof.
(6)
"Descendant" means a person or group of persons related to a deceased human by blood or adoption in accordance with Title 19.
(7)
"Genealogist" means a person who traces or studies the descent of persons or families and prepares a probative record of such descent.
(8)
"Human remains" means the bodies of deceased human beings in any stage of decomposition, including cremated remains.
(9)
"Preserve and protect" means to keep safe from destruction, peril, or other adversity and may include the placement of signs, markers, fencing, or other such appropriate features so as to identify the site as a cemetery or burial ground and may also include the cleaning, maintenance, and upkeep of the site so as to aid in its preservation and protection.
Amended by 2006 Ga. Laws 944,§ 7, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 72 - ABANDONED CEMETERIES AND BURIAL GROUNDS (§§ 36-72-1 — 36-72-16) › Section 36-72-3 - Authority of counties and municipalities to preserve abandoned cemeteries

Counties, anywhere within the county boundaries, and municipalities, anywhere within the municipal boundaries, are authorized, jointly and severally, to preserve and protect any abandoned cemetery or any burial ground which the county or municipality determines has been abandoned or is not being maintained by the person who is legally responsible for its upkeep, whether or not that person is financially capable of doing so, to expend public money in connection therewith, to provide for reimbursement of such funds by billing any legally responsible person or levying upon any of his property as authorized by local ordinance, and to exercise the power of eminent domain to acquire any interest in land necessary for that purpose.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 72 - ABANDONED CEMETERIES AND BURIAL GROUNDS (§§ 36-72-1 — 36-72-16) › Section 36-72-4 - Permit required for developing land on which cemetery located

No known cemetery, burial ground, human remains, or burial object shall be knowingly disturbed by the owner or occupier of the land on which the cemetery or burial ground is located for the purposes of developing or changing the use of any part of such land unless a permit is first obtained from the governing authority of the municipal corporation or county wherein the cemetery or burial ground is located, which shall have authority to permit such activity except as provided in Code Section
36-72-14
.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 72 - ABANDONED CEMETERIES AND BURIAL GROUNDS (§§ 36-72-1 — 36-72-16) › Section 36-72-5 - Application for permit

Application for a permit shall include, at a minimum, the following information:
(1)
Evidence of ownership of the land on which the cemetery or burial ground is located in the form of a legal opinion based upon a title search;
(2)
A report prepared by an archeologist stating the number of graves believed to be present and their locations as can be determined from the use of minimally invasive investigation techniques, including remote sensing methods and the use of metal probes, which activities shall not require a permit;
(3)
A survey prepared by or under the direction of a registered surveyor showing the location and boundaries of the cemetery or burial ground based on an archeologist's report;
(4)
A plan prepared by a genealogist for identifying and notifying the descendants of those buried or believed to be buried in such cemetery. If those buried or believed to be buried are of aboriginal or American Indian descent, the genealogist, in preparing the notification plan, shall consult with the Council on American Indian Concerns created pursuant to Code Section
44-12-280
and shall include in the notification plan not only any known descendants of those presumed buried but also any American Indian tribes as defined in paragraph (2) of Code Section
44-12-260
that are culturally affiliated; and
(5)
A proposal for mitigation or avoidance of the effects of the planned activity on the cemetery or burial ground. If the proposal includes relocation of any human remains or burial objects, the proposal shall specify the method of disinterment, the location and method of disposition of the remains, the approximate cost of the process, and the approximate number of graves affected.