HomeMy WebLinkAboutLand Use Classification Disputes
Augusta Richmond GA
DOCUMENT NAME: Lo.rd ~ C\QSS it1-Cct-tioYl
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DOCUMENT TYPE: A<jreeme-n+
YEAR: \ Of () ~
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BOX NUMBER: ~
FILENUMBER: 1'311'6'
NUMBER OF PAGES: ?S'
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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
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.'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
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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
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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
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and nOYlconilictihg land use plaqs, and to. provide an efficient and
economical means of resol viI)g land use clas.sification dispute::,;. and
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'. 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
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pdSs~s~5fng' both municip~l' ~nd county. poweJ;"s; ..and
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.WHEREAS, ?>ugusta;does'hot.exercJ:se.zoning jurisdiction within
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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
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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
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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
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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
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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
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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
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Approved June ~, 1998.
[SEAL]
llliI dDC\IIlIent apprond as
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[SIGNATURES CONTINUED ON FOLLOWING PAGE]
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::~y OU~~
As i~f?n;)h1
Attest: ~~
As its Clerk
Approved June ~, 1998.
[CITY SEAL]
Approved June ~\:J, 1998.
[CITY SEAL]
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