§ 36-36-115 — Meetings of arbitration panel; duties; findings and recommendations; compensation

(a) (1) (A) The arbitration panel appointed pursuant to Code Section 36-36-114 shall meet as soon after appointment as practicable and shall receive evidence and argument from the municipal corporation, the county, and the applicant or property owner and shall by majority vote render a decision which shall be binding on all parties to the dispute as provided for in this article not later than 60 days following such appointment, provided that the chairperson of the arbitration panel shall be authorized to extend such deadline one time for a period of up to ten business days. Notwithstanding anything in this subparagraph to the contrary, the municipal corporation and county may by mutual agreement, postpone the arbitration procession for a period of up to 180 days to negotiate a potential settlement, and such postponement shall stay the 60 day deadline provided herein. (B) Meetings of the panel may occur in person, virtually, or via teleconference. The meetings of the panel in which evidence is submitted or arguments of the parties are made, whether such meeting is in person, virtual, or via teleconference, shall be open to the public pursuant to Chapter 14 of Title 50. (C) The panel shall first determine the validity of the grounds for objection as specified in the objection. If an objection involves the financial impact on the county as a result of a change in zoning or land use or the provision of maintenance of infrastructure, the panel shall quantify such impact in terms of cost. As to any objection which the panel has determined to be valid, the panel, in its findings, may establish reasonable zoning, land use, or density conditions applicable to the annexation and propose any reasonable mitigating measures as to an objection pertaining to infrastructure demands. (2) In arriving at its determination, the panel shall consider: (A) The existing comprehensive land use plans of both the county and city; (B) The existing land use patterns in the area of the subject property; (C) The existing zoning patterns in the area of the subject property; (D) Each jurisdiction's provision of infrastructure to the area of the subject property and to the areas in the vicinity of the subject property; (E) Whether the county has approved similar changes in intensity or allowable uses on similar developments in other unincorporated areas of the county; (F) Whether the county has approved similar developments in other unincorporated areas of the county which have a similar impact on infrastructure as complained of by the county in its objection; and (G) Whether the infrastructure or capital outlay project which is claimed adversely impacted by the county in its objection was funded by a county-wide tax. (3) The county shall provide supporting evidence that its objection is consistent with its land use plan and the pattern of existing land uses and zonings in the area of the subject property, which may include, but not be limited to, adopted planning documents and capital or infrastructure plans. (4) The cost of the arbitration shall be equally divided between the city and the county; provided, however, that if the panel determines that any party has advanced a position that is not valid, the costs shall be borne by the party or parties that have advanced such position. (5) The reasonable costs of participation in the arbitration process of the property owner or owners whose property is at issue shall be borne by the county and the city in the same proportion as costs are apportioned under paragraph (4) of this subsection. (6) The panel shall deliver its findings and recommendations to the parties and the department by verifiable delivery. The department shall maintain a data base and record of arbitration panel results and at least annually publish a report on such decisions and make such report freely available on the department's website. (b) If the decision of the panel contains zoning, land use, or density conditions, the findings and recommendations of the panel shall be recorded in the deed records of the county with a caption describing the name of the current owner of the property, recording reference of the current owner's acquisition deed and a general description of the property, and plainly showing the expiration date of any restrictions or conditions. (c) The arbitration panel shall be dissolved on the tenth day after it renders its findings and recommendations but may be reconvened as provided in Code Section 36-36-116 . (d) Notwithstanding the provisions of subsection (b) of Code Section 45-7-21 , the members of the arbitration panel shall receive the same per diem, expenses, and allowances for their service on the panel as authorized by law for members of the General Assembly. (e) If the panel so agrees, any one or more additional annexation disputes which may arise between the parties prior to the panel's initial meeting may be consolidated for the purpose of judicial economy if there are similar issues of location or similar objections raised to such other annexations or the property to be annexed in such other annexations is within 2,500 feet of the subject property.

Legislative History

Amended by 2022 Ga. Laws 785,§ 1, eff. 7/1/2022. Added by 2007 Ga. Laws 205,§ 2, eff. 7/1/2007.