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HomeMy WebLinkAboutLand Use Classification Disputes Augusta Richmond GA DOCUMENT NAME: Lo.rd ~ C\QSS it1-Cct-tioYl Y iSp\-.L +e-.S DOCUMENT TYPE: A<jreeme-n+ YEAR: \ Of () ~ -- BOX NUMBER: ~ FILENUMBER: 1'311'6' NUMBER OF PAGES: ?S' ~ AGREEMENT TO RESOLVE LAND USE CLASSIFICATION DISPUTES THIS AGREEMENT is entered into between Augusta, Georgia, a political subdivision of the State of Georgia created as a result of the consolidation of The City Council of Augusta and Richmond .' . ~ .. . .'County (herelna.ft.er "Augusta"), and the City of Hephzibah and the Ci ty . q.f. Blyths: (hereafter the "Municipalities"). WH~REAS, Ai.l'gusta and the Municipalities are required to take certain actions regarding land use plans and classifications as a '. component. - or .t;he . Service Deli very '..Strategy . ,required by Title 36, Chapter 70, Article 2 of the Official -Code of: Georgia; and ~~EREAS, O.C.G.A. ~ 36-70-24(4) (C) r~quire~ ,the establishment I,,'. of a j:rocess by July 1, 19.98 to .re.solveland use classification disputE~s when a county objects to the proposed land use of an area to be annex~~. into.i ~uni~ipality within the county; and WHEREAS." the Municipalities an<?-. Augusta desire to enter into this A~lt~ement to comply with, the requirements of Q.C.G.A.S 36-70- 24 (4) (C) , _ .to facilitate and assure the continuance of compatible .. ~ . - . .' . . and nOYlconilictihg land use plaqs, and to. provide an efficient and economical means of resol viI)g land use clas.sification dispute::,;. and .. \,' ..','.,""" l . . ", " 'I ~. ' '.' . . . '. WUEREAS,--lmgusta. ullder'.the' consolidation act creating it (1995 Ga. Lal-Js, p. 364.,8, a~ aTB-~nded) is..a municipal. ;Eor:m . o~ 'government . . : ~) ; ". .' .. '., ":" I !. J. '. _, . : " pdSs~s~5fng' both municip~l' ~nd county. poweJ;"s; ..and . ' .WHEREAS, ?>ugusta;does'hot.exercJ:se.zoning jurisdiction within . ., 1 the incorporated areas of the Municipalities, and therefore, for purposes of this Agreement only, the areas lying outside the Munici~alities' boundaries shall be referred to as "unincorporated area". NOW THEREFORE, in consideration of the mutual covenants and obligations contained herein, the Municipalities and Augusta agree as follows: 1. "Land Use Classification Change" shall mean an amendment or change to the land use map, ordinances and regulations of the Munici:?ali ty or of Augusta. "Land Use Plan" shall mean a plan showing the existing and proposed location, extent and intensity of develo.:)ment of land to be used in the future for varying types of reside::1tial, commercial, industrial, agricultural, recreational, educational and other public and private purposes or combination of purposes. 2. When either Municipality shall consider a change in the Municipality's land use map, ordinances and regulations which would change the use of land within 1,000 feet of the boundary between the Municipality and the unincorporated area of Augusta, the Mayor/Chairman of the Municipality shall, within five (5) business days after such action is requested through a completed application by or on behalf of the land owner or formally initiated by the Council/Commission of the Municipality, notify by certified mail the Mayor of Augusta and the Administrator of the proposed action 2 and it~j potential to result in incompatible Land Use Plans. This notice shall contain all relevant data pertaining to the proposed action. 3. When Augusta shall consider a change which, if carried out, would change the use of land located within 1,000 feet of the boundary between either Municipality and the unincorporated area of Augusta the Mayor or the Administrator shall, within five (5) business days after such action is requested through a completed application by or on behalf of the land owner or formally initiated by Augusta, notify by certified mail the Mayor/Chairman of the Municipality affected by the proposed action and its potential to result in incompatible Land Use Plans. This notice shall contain all relevant data pertaining to the proposed action. 4. Within ten (10) business days after receipt of the notice required by Section 2 or Section 3 hereof, the recipient Augusta or Municipality, as the case may be, shall make a determination as to whether or not the proposed action will or could result in incompatible Land Use Plans between Augusta and the Municipality. If the jetermination is that the proposed action will not result in incompatible Land Use Plans, Augusta or Municipality, as the case may be, shall within said ten (10) business days period notify by certified mail the other party of such determination, and Augusta or Municipality which gave the notice shall be free to proceed with its consideration, and if adopted, implementation of the proposed 3 .: action. Augusta or Municipality making such determination that the proposE~d action will not result in incompatible Land Use Plans shall thereafter have no further right to object to the proposed action. 5. If Augusta or Municipality receiving the notice pursuant to Section 2 or Section 3 hereof, as the case may be, shall make a determination that the proposed action will or could result in incompatible Land Use Plans between Augusta and Municipality, it shall, wi thin the ten (10) business day period referred to in Section 4, notify by certified mail the other party of such fact. 6. Within a period of fifteen (15) business days following the expiration of the ten (10) business day period referred to in Section 4 hereof, Augusta or Municipality, as the case may be, which has determined that the proposed action will or could result in incompatible Land Use Plans shall prepare a written evaluation of the proposed action and the adverse effects it will have on the Land Use Plan of Augusta or Municipality preparing this evaluation and setting forth the conflicts which it contends will result between the Land Use Plans of the two parties. Within this period of fifteen (15) business days, the party preparing the evaluation shall provide a copy thereof to the party proposing to take the action with is the subject of the evaluation. 7. Following the preparation of the evaluation pursuant to Section 6 hereof, representatives of Augusta and the Municipality 4 shall nleet and seek to negotiate revisions to the proposed action which Hill resolve the conflict and eliminate the possibility of incompatible Land Use Plans of the two parties. Such revisions to the proposed action may include, but are not limited to, requiring buffer.s to screen potentially offensive land uses, establishing setbacks to ensure that the offensive uses will not be located immedic.tely next to adj oining properties, imposing landscape and design requirements to minimize the impact of conflicted land uses, imposing building height limitations and establishing requirements for stormwater management and erosion and sedimentation control. Any agreements reached as the result of such negotiations shall be subject to approval by the Augusta-Richmond County Commission on behalf of Augusta and the Council/Commission of the affected Municipality. 8. If the parties are unable to resolve their differences by means of negotiation, then the Municipality and Augusta shall, within thirty (30) days after a request to end negotiations and to submit same to mediation, engage in mediation of the disputed with a mediator who is acceptable to both parties. 9. If the dispute cannot be resolved through mediation, then the Municipality and Augusta shall submit the dispute to a panel of three arbitrators. One arbitrator shall be selected by the Municipality, one arbitrator shall be selected by Augusta, and the third arbitrator shall be selected by the two arbitrators selected 5 by thE Municipality and Augusta. Such arbitration shall be conducted in accordance with the arbitration laws of the State of Georgie.. The parties hereto agree that the results of the arbitr2.tion shall be binding on the Municipality and Augusta, and either party may enforce the decision of the arbitrators in any court of competent jurisdiction through mandamus, performance, or any other available equitable remedy. Ie. All costs of mediation and arbitration as provided for hereunder shall be divided equally between Augusta and the specific Municipality involved. 11. Any proposed action which is subject to the provisions of this A9reement shall not be considered, adopted, or implemented until the terms of this Agreement have been complied with in full. 12. The term business day as used herein shall mean Monday througr.. Friday of each week except for any such day that the County's general offices are not open for business. 13. The parties hereto recognize and acknowledge that Augusta, Georgia has both county and municipal powers. In recogni tion of such powers and the limitation of Georgia law prohibiting annexation of an area within the boundary of another municipality (O.C.G.A. ~ 36-36-31 and ~ 36-36-54), each Municipality acknowledges and agrees that it cannot annex additional areas within Richmond County. 14. All provisions of this Agreement, other than Paragraph 13 6 ~ hereof, shall be for an initial term of two years, and shall renew automatically thereafter for additional two year terms unless any party hereto gives sixty (60) days written notice by certified mail to the other parties of its intent not to renew this Agreement; provided, however, that this Agreement shall continue to remain in effect as to Paragraph 13 hereof for a term of fifty years and shall also continue to remain in effect as to any actions which are proposed prior to the effective date of such termination. 15. Should any provision of this Agreement be declared invalid or ruled unconstitutional, such determination shall affect only that provision and all other provisions of this Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the respective governing bodies of the Municipalities and the County have caused their duly empowered and authorized officials to affix their hands and seals below. Clerk ~ Approved June ~, 1998. [SEAL] llliI dDC\IIlIent apprond as ~~~~ [SIGNATURES CONTINUED ON FOLLOWING PAGE] 7 . .. ::~y OU~~ As i~f?n;)h1 Attest: ~~ As its Clerk Approved June ~, 1998. [CITY SEAL] Approved June ~\:J, 1998. [CITY SEAL] 8 , -.;. ~ ~ " ". ":>/-/--0.::" - - ,. --... ~ -- - ,.....", ~--:-.r;- '.. I' : ~ .- . ,. ." -~"~-~-. .