Title 36 — Title 36

(a) When any applicant for rezoning action has made, within two years immediately preceding the filing of that applicant’s application for the rezoning action, campaign contributions aggregating $250.00 or more to a local government official who will consider the application, it …

Any person knowingly failing to comply with the requirements of this chapter or violating the provisions of this chapter shall be guilty of a misdemeanor. History. — Code 1981, § 36-67A-4, enacted by Ga. L. 1986, p. 1269, § 1; Ga. L. 1987, p. 3, § 36; Ga. L. 1991, p. 1365, § 1.

This chapter is enacted pursuant to the authority of Article IX, Section III, Paragraph II, subparagraph (b) of the Constitution. It is the purpose of this chapter to grant authority to the General Assembly to provide by local law for a form of governmental reorganization whereby…

(a) Subject to the requirements of Code Section 36-68-3, when the charter of a municipality is repealed by local law as a part of achieving a governmental reorganization described in Code Section 36-68-1, the General Assembly may also provide by local law for any of the following…

(a) Local laws enacted pursuant to the authority of this chapter shall be subject to the following requirements: 1046 36-68-3 MERGER OF MUNICIPAL GOV’T WITH COUNTY 36-68-4 (1) A local law enacted pursuant to the authority of Code Section 36-68-2 shall provide for the creation of …

Optional features of enabling local law. Mandatory features of enabling local law. Conditions under which county containing no municipality deemed to constitute a consolidated government; election; consolidated government to constitute a municipal corporation as well as a county …

This chapter shall be known and may be cited as the ‘‘Georgia Mutual Aid Act.’’ History. — Code 1981, § 36-69-1, enacted by Ga. L. 1988, p. 887, § 1. 36-69-2. ‘‘Local emergency’’ defined. As used in this chapter, the term ‘‘local emergency’’ means the existence of conditions of e…

The provisions of this chapter shall not apply to any emergency in which the chief executive of a political subdivision assigns or makes available for duty the employees, property, or equipment of the subdivision relating to fire fighting, engineering, rescue, health, medical and…

‘‘Local emergency’’ defined. Extraterritorial cooperation and assistance to local law enforcement agencies or fire departments; commander of operations. 36-69-3.1. Out-of-state contracts and mutual aid agreements.

Any county or municipality in this state shall be authorized to enter into contracts and mutual aid agreements with counties or municipalities of any other state or with any agency of the United States for the provision of law enforcement services in a local emergency to the exte…

Unless otherwise provided by contract, the political subdivision or institution within the University System of Georgia or the Technical College System of Georgia which furnishes any equipment pursuant to this chapter shall bear the loss or damage to such equipment and shall pay …

36-69-7. Liability for acts or omissions of responding agency employees. 36-69-8. Construction of chapter.

(a) The provisions of this chapter shall not be construed as creating a duty on the part of any public safety agency of a local political subdivision or institution within the University System of Georgia or the Technical College System of Georgia to respond to a request from any…

(a) The authority of this chapter shall be cumulative to and in addition to mutual aid resource pacts authorized under Chapter 6 of Title 25 or contracts between political subdivisions for the provision of services authorized under Section II of Article IX of the Constitution. 10…

This chapter shall be known and may be cited as the ‘‘Interlocal Cooperation Act.’’ History. — Code 1981, § 36-69A-1, enacted by Ga. L. 2005, p. 686, § 1/HB 570. 36-69A-2. Purpose.

It is the purpose of this chapter to permit counties and municipalities in this state the most efficient use of their powers by enabling them to cooperate with localities in other states on a basis of mutual advantage and provide services and facilities in a manner and pursuant t…

As used in this chapter, the term: (1) ‘‘Public agency’’ means: (A) Any political subdivision of this state other than a county school district or independent school district; (B) Any volunteer fire department; (C) Any volunteer rescue squad; 1056 36-69A-4 (D) Any agency of the s…

An agreement entered into pursuant to this chapter between or among one or more counties or municipalities of this state and one or more public agencies of another state or of the United States shall not constitute a waiver of sovereign immunity. All of the privileges and immunit…

36-69A-8. Contracts with agencies of other states for the performance of governmental services, activities, or undertakings. 36-69A-9. Cumulative authority.

The authority of this chapter shall be cumulative to and in addition to any rights, powers, or authority otherwise authorized under the Constitution or general laws of this state. History. — Code 1981, § 36-69A-9, enacted by Ga. L. 2005, p. 686, § 1/HB 570. 1061 T.36, C.70 LOCAL …

The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. In addition, the natural resources, environment, and vital areas …

As used in this chapter, the term: (1) ‘‘Comprehensive plan’’ means any plan by a county or municipality covering such county or municipality proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of com…

The intent of this article is to provide a flexible framework within which local governments in each county can develop a service delivery system that is both efficient and responsive to citizens in their county. The General Assembly recognizes that the unique characteristics of …

Each county and municipality shall execute an agreement for the implementation of a local government service delivery strategy as set forth in this article by July 1, 1999. History. — Code 1981, § 36-70-21, enacted by Ga. L. 1997, p. 1567, § 1. 36-70-22. Date for process initiati…

Each county shall initiate the process for developing a local government service delivery strategy after July 1, 1997, but no later than January 1, 1998. Initiation of the strategy shall be accomplished by the provision of a written notice from the county to the governing bodies …

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 servic…

In the development of a service delivery strategy, the following criteria shall be met: (1) The strategy shall promote the delivery of local government services in the most efficient, effective, and responsive manner. The strategy shall identify steps which will be taken to remed…

(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 b…

(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) If a county and the affected municipalitie…

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 cri…

36-70-28. ‘‘Affected municipality’’ defined; review and revision of strategy. Article 2 Service Delivery 36-70-20. Legislative intent.

The governing bodies of municipalities and counties are authorized: (1) To develop, or to cause to be developed pursuant to a contract or other arrangement approved by the governing body, a comprehensive plan; (2) To develop, establish, and implement land use regulations which ar…

(a) Except as provided in subsection (b) of this Code section, nothing in this article shall limit or compromise the right of the governing body of any county or municipality to exercise the power of zoning. (b) Any municipality which is as of April 17, 1992, an inactive municipa…

Definitions. Powers of municipalities and counties. Municipality and county as members of regional commissions; membership dues; participation in compiling Department of Community Affairs data base. Effect of chapter on county and municipal zoning powers. Promotion of deployment …

(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 ac…

(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 develope…

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 t…

As used in this chapter, the term: (1) ‘‘Capital improvement’’ means an improvement with a useful life of ten years or more, by new construction or other action, which increases the service capacity of a public facility. (2) ‘‘Capital improvements element’’ means a component of a…

(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 provisi…

(a) A development impact fee shall not exceed a proportionate share of the cost of system improvements, as defined in this chapter. (b) Development impact fees shall be calculated and imposed on the basis of service areas. (c) Development impact fees shall be calculated on the ba…

(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 …

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 …

(a) An ordinance imposing development impact fees shall provide that all development impact fee funds shall be maintained in one or more interest-bearing accounts. Accounting records shall be maintained for each category of system improvements and the service area in which the fe…

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 th…

(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…

The governing authority shall be authorized to impose an application fee which shall reflect the cost to the governing authority for processing and reviewing the application including, but not limited to, the cost of hiring an attorney, independent archeologist, and independent s…

Should any applicant or descendant be dissatisfied with a decision of the governing authority, he or she, within 30 days of such decision, may file an appeal in the superior court of the county in which the cemetery or burial ground is located in addition to the superior courts e…

Until the expiration of the time for appeal as set forth in Code Section 36-72-11, the applicant shall not begin or resume activities which comply with the permit issued by the governing authority. If an appeal is filed, the applicant may begin or resume activities which comply w…

The governing authority or local law enforcement agency shall inspect as necessary to determine whether the applicant has complied with the provisions of this chapter requiring cessation or limitation of activity and with the terms of the permit as issued by the governing authori…

Any person who knowingly fails to comply with the provisions of this chapter shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall pay a fine of not more than $5,000.00 for each grave site disturbed; provided, however, that any person who kn…