Georgia Township Act
Encyclopedia
The Georgia Township Act is a bill introduced in January 2007 in the Georgia General Assembly
, which would for the first time create "townships" in the US state of Georgia
. It would give unincorporated areas of at least 500 acres (approximately two square kilometers or 0.8 square miles) the power to regulate zoning
and other land use
, and to levy a maximum annual property tax
of a half-mill (0.5‰), managed by a board of supervisors selected in nonpartisan elections in odd-numbered years. All other services and laws would remain the responsibility of the county.
The bill would also require a population density of 200 persons per square mile (77.22/km², or one person per 3.2 acres), and that at least 10% of the included area be zoned or used for non-residential purposes. It would also allow for the contracting of public utilities and public services, though the bill which passed the state senate added the exception of cable TV. Local legislation would be required to create a township or convert it to a municipality. A referendum would also be required, as well for the township to be annexed by a municipality. Deannexation by a township could be done by a vote of the board of supervisors if a landowner makes such a request, but it may not bring the township below the minimum requirements. Annexation may not be done solely down the length of a right of way, such as to make an annexation contiguous.
An additional requirement added to the final senate bill requires the township to notify the county of any requests for rezoning or new subdivision
s, or proposed changes in the land use plan or regulations and ordinance
s. The county has ten business days to respond with its opinions and concerns and any proposed solutions, which must be made part of the township's public record and must be considered by the board prior to making a final decision. The township's final decision must then be forwarded back to the county. This procedure also applies to adjoining municipalities and townships, but not to other counties. It also applies in reciprocal, with adjoining cities or the county notifying the township of changes which might affect it. A township may be in more than one county. Counties may create special service districts at the request of a township.
While the bill explicitly states that a "township" would not be a municipality, the definitions set forth in the law make it nearly identical in function to villages or hamlet
s in some other states, including neighboring North Carolina
and Florida, where they are the lowest level of a three-tiered system of municipalities. One major factor in this comparison is that, unlike most minor civil division
s, the proposed areas would be very small in size, and together would not cover the entire or even a large part of a county. The other major factor is the fact that, like any municipality, they would not be subject to involuntary annexation by nearby cities (which for several decades have been the only type of municipality allowed under the Georgia State Constitution). The township designation may therefore be in order to avoid a broader and hence more complicated and politically-charged overhaul of local government classifications in the state.
The idea grew from dissatisfaction in several places with county governments, which have often allowed excessive or disorganized land development. While larger unincorporated places like Dunwoody are still pressing for cityhood, others such as Vinings and Tucker
(all in metro Atlanta
) and St. Simons Island would have another option under the bill, which is intended as a compromise
for those who want more local control, but not the significantly higher taxes incurred by having to provide state-required city services.
bill (SB 89), also has an accompanying resolution (SR 130) which would provide for the constitutional amendment
necessary to allow for such a change. If passed in a November 2008 referendum, it would be effective on the first day of 2009. The bill was introduced by David Adelman
of Decatur
, and is also sponsored by senators Chip Pearson, Dan Weber, Tim Golden
, Doug Stoner, and J. Powell of the 42nd, 51st, 40th, 8th, 6th, and 23rd district
s, respectively.
The senate passed the bill 43-10 on March 27, the 30th and last business day ("crossover day") of the current session for bills to pass at least one house and cross over to the other for consideration this year. The passed bill creates a new chapter 93 under title 36 of the OCGA
. Another bill (HB 651) would have made several changes, including allowing county superior court
s to approve townships, but did not pass. That bill would have amended chapter 31 (also under title 36) instead.
Ultimately, the original bill (along with one to incorporate Dunwoody) failed to gain passage before the end of the session, but is likely be reintroduced in 2008. Also considered in the 2007 Georgia General Assembly were bills to allow counties to object to the annexation of cities, though it is unclear whether this would apply to annexations by the proposed townships. Currently, a county may only object to the first annexation of its area by a city which is only in an adjacent county. There is no formal process for blocking an annexation however.
Georgia General Assembly
The Georgia General Assembly is the state legislature of the U.S. state of Georgia. It is bicameral, being composed of the Georgia House of Representatives and the Georgia Senate....
, which would for the first time create "townships" in the US state of Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
. It would give unincorporated areas of at least 500 acres (approximately two square kilometers or 0.8 square miles) the power to regulate zoning
Zoning
Zoning is a device of land use planning used by local governments in most developed countries. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another...
and other land use
Land use
Land use is the human use of land. Land use involves the management and modification of natural environment or wilderness into built environment such as fields, pastures, and settlements. It has also been defined as "the arrangements, activities and inputs people undertake in a certain land cover...
, and to levy a maximum annual property tax
Property tax
A property tax is an ad valorem levy on the value of property that the owner is required to pay. The tax is levied by the governing authority of the jurisdiction in which the property is located; it may be paid to a national government, a federated state or a municipality...
of a half-mill (0.5‰), managed by a board of supervisors selected in nonpartisan elections in odd-numbered years. All other services and laws would remain the responsibility of the county.
The bill would also require a population density of 200 persons per square mile (77.22/km², or one person per 3.2 acres), and that at least 10% of the included area be zoned or used for non-residential purposes. It would also allow for the contracting of public utilities and public services, though the bill which passed the state senate added the exception of cable TV. Local legislation would be required to create a township or convert it to a municipality. A referendum would also be required, as well for the township to be annexed by a municipality. Deannexation by a township could be done by a vote of the board of supervisors if a landowner makes such a request, but it may not bring the township below the minimum requirements. Annexation may not be done solely down the length of a right of way, such as to make an annexation contiguous.
An additional requirement added to the final senate bill requires the township to notify the county of any requests for rezoning or new subdivision
Subdivision (land)
Subdivision is the act of dividing land into pieces that are easier to sell or otherwise develop, usually via a plat. The former single piece as a whole is then known in the United States as a subdivision...
s, or proposed changes in the land use plan or regulations and ordinance
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
s. The county has ten business days to respond with its opinions and concerns and any proposed solutions, which must be made part of the township's public record and must be considered by the board prior to making a final decision. The township's final decision must then be forwarded back to the county. This procedure also applies to adjoining municipalities and townships, but not to other counties. It also applies in reciprocal, with adjoining cities or the county notifying the township of changes which might affect it. A township may be in more than one county. Counties may create special service districts at the request of a township.
While the bill explicitly states that a "township" would not be a municipality, the definitions set forth in the law make it nearly identical in function to villages or hamlet
Hamlet
The Tragical History of Hamlet, Prince of Denmark, or more simply Hamlet, is a tragedy by William Shakespeare, believed to have been written between 1599 and 1601...
s in some other states, including neighboring North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
and Florida, where they are the lowest level of a three-tiered system of municipalities. One major factor in this comparison is that, unlike most minor civil division
Minor civil division
Minor civil division is a term used by the United States Census Bureau to designate the primary governmental and/or administrative divisions of a county, such as a civil township, precinct, or magisterial district...
s, the proposed areas would be very small in size, and together would not cover the entire or even a large part of a county. The other major factor is the fact that, like any municipality, they would not be subject to involuntary annexation by nearby cities (which for several decades have been the only type of municipality allowed under the Georgia State Constitution). The township designation may therefore be in order to avoid a broader and hence more complicated and politically-charged overhaul of local government classifications in the state.
The idea grew from dissatisfaction in several places with county governments, which have often allowed excessive or disorganized land development. While larger unincorporated places like Dunwoody are still pressing for cityhood, others such as Vinings and Tucker
Tucker, Georgia
Tucker is a census-designated place in DeKalb County, Georgia, United States. The population was 27,581 at the 2010 Census. Although central Tucker, also known as "Main Street Tucker", is laid out as a planned "railroad town," it has never been formally incorporated. Municipal services such as...
(all in metro Atlanta
Metro Atlanta
The Atlanta metropolitan area or metro Atlanta, officially designated by the US Census Bureau as the Atlanta-Sandy Springs-Marietta Metropolitan Statistical Area, is the most populous metro area in the U.S. state of Georgia and the ninth-largest metropolitan statistical area in the United States...
) and St. Simons Island would have another option under the bill, which is intended as a compromise
Compromise
To compromise is to make a deal where one person gives up part of his or her demand.In arguments, compromise is a concept of finding agreement through communication, through a mutual acceptance of terms—often involving variations from an original goal or desire.Extremism is often considered as...
for those who want more local control, but not the significantly higher taxes incurred by having to provide state-required city services.
Legislative history
The Georgia SenateGeorgia Senate
The Georgia State Senate is the upper house of the Georgia General Assembly .-Composition:According to the state constitution of 1983, this body is to be composed of no more than 56 members elected for two-year terms. Current state law provides for 56 members...
bill (SB 89), also has an accompanying resolution (SR 130) which would provide for the constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
necessary to allow for such a change. If passed in a November 2008 referendum, it would be effective on the first day of 2009. The bill was introduced by David Adelman
David Adelman
David I. Adelman is the United States Ambassador to Singapore and a former Democratic member of the Georgia State Senate, representing the 42nd District from 2003 to 2010....
of Decatur
Decatur, Georgia
Decatur is a city in, and county seat of, DeKalb County, Georgia, United States. With a population of 19,335 in the 2010 census, the city is sometimes assumed to be larger since multiple zip codes in unincorporated DeKalb County bear the Decatur name...
, and is also sponsored by senators Chip Pearson, Dan Weber, Tim Golden
Tim Golden
Tim Golden is a Republican member of the Georgia State Senate, representing the 8th District since 1998. He was previously the Democratic Minority Caucus Chairman...
, Doug Stoner, and J. Powell of the 42nd, 51st, 40th, 8th, 6th, and 23rd district
Electoral district
An electoral district is a distinct territorial subdivision for holding a separate election for one or more seats in a legislative body...
s, respectively.
The senate passed the bill 43-10 on March 27, the 30th and last business day ("crossover day") of the current session for bills to pass at least one house and cross over to the other for consideration this year. The passed bill creates a new chapter 93 under title 36 of the OCGA
OCGA
OCGA may refer to:*Official Code of Georgia Annotated*Ontario Charitable Gaming Association...
. Another bill (HB 651) would have made several changes, including allowing county superior court
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
s to approve townships, but did not pass. That bill would have amended chapter 31 (also under title 36) instead.
Ultimately, the original bill (along with one to incorporate Dunwoody) failed to gain passage before the end of the session, but is likely be reintroduced in 2008. Also considered in the 2007 Georgia General Assembly were bills to allow counties to object to the annexation of cities, though it is unclear whether this would apply to annexations by the proposed townships. Currently, a county may only object to the first annexation of its area by a city which is only in an adjacent county. There is no formal process for blocking an annexation however.