Definitions

  1. Law
  2. Georgia Code
  3. Local Government
  4. Transfer of Development Rights
  5. Definitions

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As used in this chapter, the term:

  1. "Development rights" means the development that would be allowed on the sending property under any comprehensive or specific plan or local zoning ordinance of a municipality or county in effect on the date the municipality or county adopts an ordinance pursuant to this chapter. Development rights may be calculated and allocated in accordance with factors including dwelling units, area, floor area, floor area ratio, height limitations, traffic generation, or any other criteria that will quantify a value for the development rights in a manner that will carry out the objectives of this Code section.
  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; ground-water recharge area; marsh hammocks; recreation areas or parkland, including golf course areas; or land that has unique esthetic, architectural, or historic value that a municipality or county 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.
  8. "Transfer ratio" means the ratio of the number of development rights that may be allocated to and transferred from a lot or parcel in a sending area to the number of development credits that may be allocated to and used upon a lot or parcel in a receiving area.

(Code 1981, §36-66A-1, enacted by Ga. L. 1998, p. 1678, § 1; Ga. L. 2001, p. 1219, § 2; Ga. L. 2003, p. 859, § 1; Ga. L. 2008, p. 1029, § 1/HB 1160; Ga. L. 2012, p. 775, § 36/HB 942.)

Editor's notes.

- Ga. L. 2008, p. 1029, § 3/HB 1160, not codified by the General Assembly, provides that the amendment to this Code section shall apply to transfers of development rights executed on or after July 1, 2008.

Law reviews.

- For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001). For note on the 2003 amendment to this Code section, see 20 Ga. St. U. L. Rev. 192 (2003).


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