Resolution #R-2025- ROCKDALE COUNTY STATE OF GEORGIA A RESOLUTION TO PROVIDE TO IMPOSE A MORATORIUM ON ZONINGS, RE-ZONINGS, SITE PLAN AND PLAT APPROVALS, SUBDIVISIONS OF LAND, AND LAND DISTURBANCE AND BUILDING PERMITS FOR A PERIOD NOT TO EXCEED ONE HUNDRED EIGHTY (180) DAYS WHILE ROCKDALE COUNTY CONSIDERS CHANGES TO ITS UNIFIED DEVELOPMENT ORDINANCE; TO PROVIDE FOR THE PURPOSE OF THE MORATORIUM, TO PROVIDE FOR FINDINGS OF FACT, IMPOSITION OF MORATORIUM, THE DURATION OF THE MORATORIUM: TO PROVIDE FOR AN APPEAL PROCESS; TO PROVIDE FOR SEVERABILITY; TO PROVIDE A PENALTY; TO PROVIDE AN EFFECTIVE DATE OF THIS RESOLUTION; AND FOR OTHER PURPOSES. WHEREAS, the Board of Commissioners of Rockdale County have been vested with substantial powers, rights and functions to generally regulate the practice, conduct or use of property for the purposes of maintaining health, morals, safety, security, peace, and the general welfare of Rockdale County; and WHEREAS, Georgia law recognizes that local governments may impose moratoria on zoning decisions, building permits, and other development approvals where exigent circumstances: warrant the same, pursuant to the case law found at Taylor V. Shetzen, 212 Ga. 101, 90 S.E.2d 572 (1955); Lawson V. Macon, 214 Ga. 278, 104 S.E.2d 425 (1958); and most recently City ofRoswell et al V. Outdoor Systems. Inc., 274 Ga. 130, 549 S.E. 2d 90 (2001); and WHEREAS, the Courts take judicial notice of a local government's inherent ability to impose moratoria on an emergency basis; and WHEREAS, the Georgia Supreme Court, in the case of DeKalb County V. Townsend, 243 Ga. 80 (1979), held that, "Tojustify a moratorium, it must appear first, that the interests of the public generally, as distinguished from those of a particular class, require such interference; and second, that the means are reasonably necessary for the accomplishment ofthe purpose, and not unduly oppressive upon individuals." The Board of Commissioners of Rockdale County have found that the interests of the public necessitate the enactment of a moratorium for health, morals, safety, security, peace and general welfare purposes by means which are reasonable and not unduly oppressive; and 1 AMPT-P Resolution #R-2025- WHEREAS, the Board of Commissioners of Rockdale County have, as a part of planning, zoning and growth management, been reviewing the County's Comprehensive Plans and the County's Unified Development Ordinance (hereinafter "UDO") and have been studying the County's best estimates and projections ofthe type ofdevelopment which could be anticipated within Rockdale County; and WHEREAS, the Board of Commissioners of Rockdale County deems it important to develop a Unified Development Ordinance which integrates all of these concerns and therefore considers this moratorium a proper exercise oftheir police powers; and WHEREAS, the Board ofCommissioners of Rockdale County therefore consider it paramount that land use regulation and development continues in the most orderly and predictable fashion with the least amount of disturbance to landowners and to the citizens ofRockdale County. The Board of Commissioners of Rockdale County have always had a strong interest in growth management SO as to promote the traditional police power goals of health, safety, morals, aesthetics and the general welfare of the community; and in particular the lessening of congestion on County streets, security ofthe public from crime and other dangers, promotion ofhealth and general welfare ofits citizens, protection ofthe aesthetic qualities ofRockdale County including access to air and light, and facilitation of the adequate provision oft transportation and other public requirements; and WHEREAS, it is the beliefoft the Board ofCommissioners ofRockdale County that the concept of "public welfare" is broad and inclusive; that the values it represents are spiritual as well as physical, aesthetic as well as monetary; and that it is within the power ofRockdale County "to determine that a community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patrolled, * Berman V. Parker, 348 U.S. 26, 75 S.Ct. 98 (1954), it is also the opinion of Rockdale County that "general welfare" includes the valid public objectives of aesthetics, conservation of the value of existing lands and buildings within Rockdale County, making the most appropriate use of resources, preserving neighborhood characteristics. enhancing and protecting the economic well-being of the community, facilitating adequate provision of public services, and the preservation of the resources of Rockdale County; and WHEREAS, the Board of Commissioners of Rockdale County are, and have been interested in developing a cohesive and coherent policy regarding development, growth and zoning in Rockdale County, and have intended to promote community development through stability, predictability and balanced growth which will further the prosperity of Rockdale County as a whole; and WHEREAS, County Staff, consultants, the County's legal advisors, and the Board ofCommissioners are reviewing the County's comprehensive plan and UDO; and WHEREAS, it is in the best interest ofthe citizens of Rockdale County to place a moratorium on zonings, re-zonings, site plan and plat approvals, subdivisions ofland, and 2 Resolution #R-2025- Land Disturbance and Building Permits until the review is completed. NOW' THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF ROCKDALE COUNTY AND IT IS HEREBY RESOLVED: SECTION 1. FINDINGS OF FACT The Board of Commissioners of Rockdale County hereby make the following findings of fact: a. Itappears the Rockdale County UDO is in the process ofbeing reviewed and revised by the County; b. The County's ongoing revision of its UDO requires that a limited cessation of zonings, re-zonings, site plan and plat approvals, subdivisions of land, and Land Disturbance and Building Permits; C. It is necessary and in the public interest to delay, for a reasonable period oft time, the processing of zonings, re-zonings, site plan and plat approvals, subdivisions of land, and Land Disturbance and Building Permits to ensure that the same are consistent with the long-term planning objectives ofthe County; and SECTION2. IMPOSITION OF MORATORIUM a. There is hereby imposed a moratorium on the application and issuance by the staff ofthe County of site plans, development plans, permits and other approvals and on their acceptance of applications for new zoning applications and re-zonings for all zoning districts. b. The duration ofthis moratorium shall be until the County completes its review and update to its UDO or until the expiration of one hundred eighty (180) days from enactment, whichever first occurs. C. This moratorium shall be effective as ofthe date of adoption ofthis Resolution. d. This moratorium shall have no effect upon approved permits, applications, rezonings, etc. occurring before the effective date ofthis Resolution. e. As ofthe effective date ofthis Resolution, except for the allowances in Section 2(d), no applications for development, re-zoning or permits will be accepted by any agent, employee or officer ofthe County with respect to any property in Rockdale County. Should any be SO accepted for filing, it will be deemed in error, null and void and of no effect whatsoever and shall constitute no 3 Resolution #R-2025- assurance whatsoever of any right to engage in any act, and any action in reliance on any such license or permit shall be unreasonable. f. The following procedures shall be put in place immediately. Under the Supreme Court case of Cannon V. City ofHampton. 255 Ga. 63, 335 S.E.2d 294 (1985), the Supreme Court stated, "Where a landowner makes a substantial change in position by expenditures and reliance on the probability ofthe issuance ofa a building permit, based upon an existing zoning ordinance and the assurances of zoning officials, he acquires vested rights and is entitled to have the permit issued despite a change in the zoning ordinance which would otherwise preclude the issuance of a permit. 27 Pursuant to this case, Rockdale County recognizes that, unknown to the County, de facto vesting may have occurred. The following procedures are established to provide exemptions from the moratorium where vesting has occurred: 1. A written application, including verified supporting data, documents and facts, may be made requesting a review by the Board of Commissioners of Rockdale County at a scheduled meeting ofany facts or circumstances which the applicant feels substantiates a claim for vesting and the grant of an exemption. SECTION 3. During the duration of the moratorium described in Section 2 of this Resolution, Rockdale County's procedure for variances, special use permits, or conditional use permits shall not be enforced. SECTION 4. It is hereby declared to be the intention ofthe Board of Commissioners of Rockdale County that all sections, paragraphs, sentences, clauses and phrases of this Resolution are and were, upon their enactment, believed by the Board ofCommissioners ofRockdale County to be fully valid, enforceable and constitutional. Itis hereby declared to be the intention ofthe Board of Commissioners ofRockdale County that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase ofthis Resolution is severable from every other section, paragraph, sentence. clause or phrase therein. It is hereby further declared to be the intention oft the Board of Commissioners of Rockdale County, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Resolution is mutually dependent upon any other section, paragraph, sentence. clause or phrase of this Resolution. In the event that any phrase, clause, sentence, paragraph or section ofthis Resolution shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Board of Commissioners of Rockdale County that such invalidity, unconstitutionality or unentorceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections oft the Resolution and that, to the greatest extent allowed 4 Resolution #R-2025- by law, all remaining phrases, clauses, sentences, paragraphs and sections ofthe Resolution shall remain valid, constitutional, enforceable, and of full force and effect. SECTION 5. All Resolutions or parts ofResolutions in conflict with this Resolution are, to the extent of such conflict, hereby repealed. SECTION 6. The preamble of this Resolution shall be considered to be and is hereby incorporated by reference as ifi fully set out herein. SO RESOLVED, this day of 2025. ATTEST: ROCKDALE COUNTY, GEORGIA Jennifer Rutledge, County Clerk JaNice Van Ness, Chair & CEO APPROVED AS TO FORM: Tuwanya Smith, Commissioner Post I M. Qader A. Baig, County Attorney Dr. Doreen Williams, Commissioner Post II 5