Title 36, Chapter 66A, Section 2
( 36-66A-2)
(a) Pursuant to the provisions of this Code section, the governing
body of any municipality or county by ordinance may, in order to
conserve and promote the public health, safety, and general welfare,
establish procedures, methods, and standards for the transfer of
development rights within its jurisdiction. (b)(1) Any proposed transfer of development rights shall be
subject to the approval and consent of the property owners of both
the sending and receiving property and shall be subject to a
separate vote of approval or disapproval by the local governing
authority. (2) Notwithstanding the provisions of paragraph (1) of this
subsection, an ordinance enacted by the governing authority of a
consolidated government may, but is not required to, provide that
any proposed transfer of development rights shall be subject to a
separate vote of approval or disapproval by the governing
authority. (c) Prior to any transfer of development rights, a municipality or
county shall adopt an ordinance providing for: (1) The issuance and recordation of the instruments necessary to
sever development rights from the sending property and to affix
development rights to the receiving property. These instruments
shall be executed by the affected property owners and lienholders; (2) The preservation of the character of the sending property and
assurance that the prohibitions against the use and development of
the sending property shall bind the landowner and every successor
in interest to the landowner; (3) The severance of transferable development rights from the
sending property and the delayed transfer of development rights to
a receiving property; (4) The purchase, sale, exchange, or other conveyance of
transferable development rights prior to the rights being affixed
to a receiving property; (5) A system for monitoring the severance, ownership, assignment,
and transfer of transferable development rights; (6) The right of a municipality or county to purchase development
rights and to hold them for conservation purposes or resale; (7) The right of a person to purchase development rights and to
hold them for conservation purposes or resale; (8) Development rights made transferable pursuant to this Code
section shall be interests in real property and shall be
considered as such for purposes of conveyancing and taxation.
Once a deed of transferable development rights created pursuant to
this Code section has been sold, conveyed, or otherwise
transferred by the owner of the parcel from which the development
rights were derived, the transfer of development rights shall vest
in the grantee and become freely alienable. For the purposes of
ad valorem real property taxation, the value of a transferable
development right shall be deemed appurtenant to the sending
property until the transferable development right is registered as
a distinct interest in real property with the appropriate tax
assessor or the transferable development right is used at a
receiving property and becomes appurtenant thereto; (9) A map or other description of areas designated as sending and
receiving areas for the transfer of development rights between
properties; and (10) Such other provisions as the municipality or county deems
necessary to aid in the implementation of the provisions of this
chapter. (d)(1) Prior to the enactment of an ordinance as provided in
subsection (c) of this Code section and prior to any action to
approve or disapprove a proposed transfer required by paragraph
(1) of subsection (b) of this Code section, the local governing
authority shall provide for a hearing on the proposed ordinance or
transfer. At least 15 but not more than 45 days prior to the date
of the hearing, the local governing authority shall cause to be
published in a newspaper of general circulation within the
territorial boundaries of the political subdivision a notice of
the hearing. The notice shall state the time, place, and purpose
of the hearing. Any proposed transfer of development rights
requiring approval or disapproval of the local governing authority
shall be subject to any signage requirements required by law for
rezonings. (2) Prior to any changes in an area designated in an ordinance as
a sending or receiving area, the local governing authority shall
provide for notice and a hearing as provided in paragraph (1) of
this subsection. (e) Proposed transfers of development rights shall become effective
upon the recording of the conveyance with the appropriate
deed-recording authorities and the filing of a certified copy of
such recording with the local governing authority of each political
subdivision in which a sending or receiving area is located in whole
or in part. (f) Municipalities and counties which are jointly affected by
development are authorized to enter in to intergovernmental
agreements for the purpose of enacting interdependent ordinances
providing for the transfer of development rights between or among
such jurisdictions, provided that such agreements otherwise comply
with applicable laws. Any ordinances enacted pursuant to this
subsection may provide for additional notice and hearing and signage
requirements applicable to properties within the sending and
receiving areas in each participating political subdivision. |