Title 36, Chapter 44, Section 3
( 36-44-3)
As used in this chapter, the term: (1) "Ad valorem property taxes" means all ad valorem property taxes levied by each political subdivision and each county and independent board of education consenting to the inclusion of that board of education's property taxes as being applicable to a tax allocation district as provided by Code Section 36-44-9, except those ad valorem property taxes levied to repay bonded indebtedness. (2) "Area of operation" means, in the case of a municipality or its redevelopment agency, the territory lying within the corporate limits of such municipality; in the case of a county or its redevelopment agency, the territory lying within the unincorporated area of the county; and, in the case of a consolidated government or its redevelopment agency, the area lying within the territorial boundaries of the consolidated government. "Area of operation" may also mean the combined areas of operation of political subdivisions which participate in the creation of a common redevelopment agency to serve such participating political subdivisions as provided in subsection (d) of Code Section 36-44-4. (3) "Local legislative body" means the official or body in which
the legislative powers of a political subdivision are vested. (4) "Political subdivision" means any county, municipality, or
consolidated government of this state. (5) "Redevelopment" means any activity, project, or service
necessary or incidental to achieving the development or
revitalization of a redevelopment area or a portion thereof
designated for redevelopment by a redevelopment plan or the
preservation or improvement of historical or natural assets within
a redevelopment area or a portion thereof designated for
redevelopment by a redevelopment plan. Without limiting the
generality of the foregoing, redevelopment may include any one or
more of the following: (A) The construction of any building or other facility for use
in any business, commercial, industrial, governmental,
educational, charitable, or social activity; (B) The renovation, rehabilitation, reconstruction, remodeling,
repair, demolition, alteration, or expansion of any existing
building or other facility for use in any business, commercial,
industrial, governmental, educational, charitable, or social
activity; (C) The construction, reconstruction, renovation,
rehabilitation, remodeling, repair, demolition, alteration, or
expansion of public or private housing; (D) The construction, reconstruction, renovation,
rehabilitation, remodeling, repair, demolition, alteration, or
expansion of public works or other public facilities necessary
or incidental to the provision of governmental services;
(E) The identification, preservation, renovation,
rehabilitation, reconstruction, remodeling, repair, demolition,
alteration, or restoration of buildings or sites which are of
historical significance; (F) The preservation, protection, renovation, rehabilitation,
restoration, alteration, improvement, maintenance, and creation
of open spaces or green spaces; (G) The development, construction, reconstruction, repair,
demolition, alteration, or expansion of structures, equipment,
and facilities for mass transit; (H) The development, construction, reconstruction, renovation,
rehabilitation, repair, demolition, alteration, or expansion of
telecommunication infrastructure; (I) The development, construction, reconstruction, renovation,
rehabilitation, repair, demolition, alteration, or expansion of
facilities for the improvement of pedestrian access and safety; (J) Improving or increasing the value of property; and (K) The acquisition and retention or acquisition and disposition
of property for redevelopment purposes or the use for
redevelopment purposes of property already owned by a political
subdivision or any agency or instrumentality thereof. (6) "Redevelopment agency" means the local legislative body of a political subdivision or a public body corporate and politic created as the redevelopment agency of the political subdivision or an existing public body corporate and politic designated as the redevelopment agency of the political subdivision pursuant to Code Section 36-44-4. (7) "Redevelopment area" means: (A) Any urbanized or developed area in which the structures,
buildings, or improvements, by reason of dilapidation,
deterioration, age, or obsolescence, inadequate provision for
ventilation, light, air, sanitation, or open spaces, high
density of population and overcrowding, or the existence of
conditions which endanger life or property by fire and other
causes, or any combination of such factors, is conducive to ill
health, transmission of disease, infant mortality, high
unemployment, juvenile delinquency, or crime and is detrimental
to the public health, safety, morals, or welfare; (B) Any urbanized or developed area which by reason of the
presence of a predominant number of substandard, slum,
deteriorated, or deteriorating structures; the predominance of
defective or inadequate street layout, inadequate parking,
roadways, bridges, or public transportation facilities incapable
of handling the volume of traffic flow into or through the area,
either at present or following proposed redevelopment; the
faulty lot layout in relation to size, adequacy, accessibility,
or usefulness; unsanitary or unsafe conditions; deterioration of
site or other improvements; the diversity of ownership, tax, or
special assessment delinquency exceeding the fair value of the
land; diversity of ownership on defective or unusual conditions
of title which prevent or encumber the free alienability of
land; or the existence of conditions which endanger life or
property by fire and other causes; or any combination of the
foregoing, substantially impairs or arrests the sound growth of
the community, retards the provision of housing accommodations
or employment opportunities; or constitutes an economic or
social liability and is a menace to the public health, safety,
morals, or welfare in its present condition and use; (C) Any open area located within an urbanized or developed area
within the corporate limits of a municipality which because of
any factor or combination of factors enumerated in subparagraph
(A) or (B) of this paragraph substantially impairs or arrests
the sound growth of the community; (D) Any area located within an urbanized or developed area and
which, immediately prior to becoming an open area, qualified as
a redevelopment area under subparagraph (A) or (B) of this
paragraph; (E) Any area located within an urbanized or developed area which
is substantially underutilized by containing open lots or
parcels of land or by containing a substantial number of
buildings or structures which are 40 years old or older or by
containing structures or buildings of relatively low value as
compared to the value of structures or buildings in the vicinity
of the area or by having development impaired by airport and
related transportation noise or by related environmental factors
or an area in which there is a shortage of housing that is
affordable for persons of low or moderate income which the local
legislative body designates as appropriate for community
redevelopment or by any combination of the foregoing factors; (F) Any geographic area designated within the comprehensive plan
of a political subdivision for redevelopment which has
previously been developed for commercial, residential,
industrial, office, or similar or ancillary uses and which lies
within the service delivery area of the political subdivision,
in which the current condition of the area is less desirable
than the redevelopment of the area for new commercial,
residential, industrial, office, or other uses, or a combination
of uses, including the provision of open space or pedestrian and
transit improvements, and any geographic area that is adversely
affected by airport or transportation related noise or other
environmental degradation, contamination, or other environmental
factors which the political subdivision has determined to be
impairing or retarding the redevelopment of the area; or (G) Any area combining any factors specified in subparagraphs
(A) through (F) of this paragraph. (8) "Redevelopment costs" means any expenditures made or estimated
to be made or monetary obligations incurred or estimated to be
incurred to achieve the redevelopment of a redevelopment area or
any portion thereof designated by a redevelopment plan or any
expenditures made to carry out or exercise any powers granted by
this chapter. Without limiting the generality of the foregoing,
redevelopment costs may include any one or more of the following: (A) Capital costs, including the costs incurred or estimated to
be incurred for the construction of public works or
improvements, new buildings, structures, and fixtures; the
renovation, rehabilitation, reconstruction, remodeling, repair,
demolition, alteration, or expansion of existing buildings,
structures, and fixtures; the acquisition of equipment; and the
clearing and grading of land; (B) Financing costs, including, but not limited to, all
necessary and incidental expenses related to the issuance of
obligations and which may include payment of interest on any
obligations issued under this chapter occurring during the
estimated period of construction of any project with respect to
which any capital costs within the meaning of subparagraph (A)
of this paragraph are financed in whole or in part by such
obligations and for a period not to exceed 42 months after
completion of any such construction and including reasonable
reserves related thereto and all principal and interest paid to
holders of evidences of indebtedness issued to pay for other
redevelopment costs and any premium paid over the principal
amount thereof because of the redemption of such obligations
prior to maturity; (C) Professional service costs, including those costs incurred
for architectural, planning, engineering, financial, marketing,
and legal advice and services; (D) Imputed administrative costs, including reasonable charges
for the time spent by public employees in connection with the
implementation of a redevelopment plan; (E) Relocation costs as authorized by a redevelopment plan for
persons or businesses displaced by the implementation of a
redevelopment plan, including but not limited to, those
relocation payments made following condemnation under Chapter 4
of Title 22, "The Georgia Relocation Assistance and Land
Acquisition Policy Act"; (F) Organizational costs, including the costs of conducting
environmental impact and other studies, and the costs of
informing the public with respect to the creation and
implementation of redevelopment plans; (G) Payments by one political subdivision to a political
subdivision or board of education in lieu of taxes to compensate
for any loss of tax revenues or for any capital costs incurred
because of redevelopment activity; and (H) Real property assembly costs. (9) "Redevelopment plan" means a written plan of redevelopment for
a redevelopment area or a designated portion thereof which: (A) Specifies the boundaries of the proposed redevelopment area; (B) Explains the grounds for a finding by the local legislative
body that the redevelopment area on the whole has not been
subject to growth and development through private enterprise and
would not reasonably be anticipated to be developed without the
approval of the redevelopment plan or that the redevelopment
area includes one or more natural or historical assets which
have not been adequately preserved or protected and such asset
or assets would not reasonably be anticipated to be adequately
preserved or protected without the approval of the redevelopment
plan; (C) Explains the proposed uses after redevelopment of real
property within the redevelopment area; (D) Describes any redevelopment projects within the
redevelopment area proposed to be authorized by the
redevelopment plan, estimates the cost thereof, and explains the
proposed method of financing such projects; (E) Describes any contracts, agreements, or other instruments
creating an obligation for more than one year which are proposed
to be entered into by the political subdivision or its
redevelopment agency or both for the purpose of implementing the
redevelopment plan; (F) Describes the type of relocation payments proposed to be
authorized by the redevelopment plan; (G) Includes a statement that the proposed redevelopment plan
conforms with the local comprehensive plan, master plan, zoning
ordinance, and building codes of the political subdivision or
explains any exceptions thereto; (H) Estimates redevelopment costs to be incurred or made during
the course of implementing the redevelopment plan; (I) Recites the last known assessed valuation of the
redevelopment area and the estimated assessed valuation after
redevelopment; (J) Provides that property which is to be redeveloped under the
plan and which is either designated as a historic property under
Article 2 of Chapter 10 of Title 44, the "Georgia Historic
Preservation Act," or is listed on or has been determined by any
federal agency to be eligible for listing on the National
Register of Historic Places will not be: (i) Substantially altered in any way inconsistent with
technical standards for rehabilitation; or (ii) Demolished unless feasibility for reuse has been
evaluated based on technical standards for the review of
historic preservation projects, which technical standards for rehabilitation and review shall be
those used by the state historic preservation officer, although
nothing in this subparagraph shall be construed to require
approval of a redevelopment plan or any part thereof by the
state historic preservation officer; (K) Specifies the proposed effective date for the creation of
the tax allocation district and the proposed termination date; (L) Contains a map specifying the boundaries of the proposed tax
allocation district and showing existing uses and conditions of
real property in the proposed tax allocation district;
(M) Specifies the estimated tax allocation increment base of the
proposed tax allocation district; (N) Specifies property taxes for computing tax allocation increments determined in accordance with Code Section 36-44-9 and supported by any resolution required under paragraph (2) of Code Section 36-44-8; (O) Specifies the amount of the proposed tax allocation bond
issue or issues and the term and assumed rate of interest
applicable thereto; (P) Estimates positive tax allocation increments for the period
covered by the term of the proposed tax allocation bonds; (Q) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, subject to the limitations of Code Sections 36-44-9 and 36-44-20; and (R) Includes such other information as may be required by
resolution of the political subdivision whose area of operation
includes the proposed redevelopment area. (10) "Resolution" means a resolution or ordinance by which a local
legislative body takes official legislative action. (11) "Special fund" means the fund provided for in subsection (c) of Code Section 36-44-11. (12) "Tax allocation bonds" means one or more series of bonds, notes, or other obligations issued by a political subdivision to finance, wholly or partly, redevelopment costs within a tax allocation district and which are issued on the basis of pledging for the payment or security for payment of such bonds positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20. Tax allocation bonds shall not constitute debt within the meaning of Article IX, Section V of the Constitution. (13) "Tax allocation district" means a contiguous geographic area within a redevelopment area which is defined and created by resolution of the local legislative body of a political subdivision pursuant to subparagraph (B) of paragraph (3) of Code Section 36-44-8 for the purpose of issuing tax allocation bonds to finance, wholly or partly, redevelopment costs within the area. (14) "Tax allocation increment" means that amount obtained by multiplying the total ad valorem property taxes, determined as provided in Code Section 36-44-9, levied on all taxable property within a tax allocation district in any year by a fraction having a numerator equal to that year's taxable value of all taxable property within the tax allocation district minus the tax allocation increment base and a denominator equal to that year's taxable value of all taxable property within the tax allocation district. In any year, a tax allocation increment is "positive" if the tax allocation increment base is less than that year's taxable value of all taxable property and "negative" if such base exceeds such taxable value. (15) "Tax allocation increment base" means the taxable value of all taxable property, as certified by the state revenue commissioner, located within a tax allocation district on the effective date such district is created pursuant to Code Section 36-44-8. (16) "Taxable property" means real and personal property subject
to ad valorem property taxes of a political subdivision, including
property subject to local ad valorem taxation for educational
purposes. (17) "Taxable value" means the current assessed value of taxable
property as shown on the tax digest of the county in which the
property is located. |