§ 2-2. Process for resolving land annexation disputes.

(a)

Prior to initiating any formal annexation activities , the city will notify the county government of a proposed annexation and provide information on location of property, size of area, and proposed land use or zoning classifications(s) (if applicable) of the property upon annexation. ^[]

Within 15 working days following receipt of the above information, the county will forward to the city a statement either: (a) indicating that the county has no objection to the proposed land use for the property; or (b) describing its bona fine objection(s) to the city's proposed land use classification, providing supporting information, and listing any possible stipulations or conditions that would alleviate the county's objection(s).

(b)

If the county has no objection to the city's proposed land use or zoning classification, the city is free to proceed with the annexation. If the county fails to respond to the city's notice in writing within the deadline, the city is free to proceed with the annexation and the county loses its right to invoke the dispute resolution process, stop the annexation or object to land use changes after the annexation.

(c)

If the county notifies the city that it has a bona fide land use classification objection(s) , the city will respond to the county in writing within 15 working days of receiving the county's objection(s) by either: (a) agreeing to implement the county's stipulations and conditions and thereby resolving the county's objection(s); (b) agreeing with the county and stopping action on the proposed annexation; (c) disagreeing that the county's objection(s) are bona fide and notifying the county that the city will seek a declaratory judgment in court; or (d) initiating a 30-day (maximum) mediation process to discuss possible compromises. ^[]

(d)

If the city or county initiates mediation, the city and county will each appoint two members to a mediation panel. These four individuals will then select a fifth panel member who is familiar or experienced in land use issues. The Georgia Mountains RDC will provide a list of mediators to the city and county for their selection of a mediator to assist in the process. Any costs associated with the mediation will be shared on a 50/50 basis between the city and the county.

(e)

If no resolution of the county's bona fide land use classification objection(s) results from the mediation, the city will not proceed with the proposed annexation.

(f)

If the city and county reach agreement as described in step 3(a) or as a result of the mediation, they will draft an annexation agreement for execution by the city and county governments and the property owner(s) within 15 working days from the date of the agreement.

Regardless of future changes in land use or zoning classification, any site-specific mitigation or enhancement measures or site-design stipulations included in the agreement will be binding on the property. The property owner(s) shall sign, notarize and return the agreement to the city. The agreement shall become final when signed by the city and the county and shall be filed at the courthouse.

This annexation dispute resolution agreement shall remain in force and effect until amended by agreement of each party or unless otherwise terminated by operation of law.

(Res. No. 98-1-06, 6-23-1998)