Requirement for Local Act
Municipal incorporation is accomplished through the granting of a local act by the General Assembly.
Population Requirements
The geographic area proposing incorporation must have a total residential population of at least 200 persons and an average residential population of at least 200 persons per square mile for the total area.
Development Requirements
At least 60% of the area proposed for incorporation must be developed for residential, commercial, industrial, institutional, governmental, or recreational purposes. The area must be subdivided into lots and tracts so that a minimum of 60% of the total acreage consists of lots and tracts that are five acres or less in size. However, this lot size requirement has an exception in that the 60% calculation does not count any land that is being held for future development or subject to a contract for future use for commercial, industrial, governmental, recreational, or institutional purposes.
Requirements for Certificate of Incorporation
The author of the bill granting a municipal charter must certify that the minimum statutory requirements have been met. Evidence that the population and development requirements have been satisfied, including official census figures, maps, photographs, or surveys, must be used in order for the author to certify that the requirements have been met, but such evidence does not need to be included in the certification itself. This certificate becomes a permanent part of the charter.
Active vs. Inactive Municipalities
Beginning in July 1995, state law required that municipal corporations must meet certain minimum standards or risk becoming "inactive". Since the law went into effect, few cities have been designated inactive. The standards primarily require that the municipality provide a basic level of services, and define the number and types of services that must be provided. As a result of the passage of HB 36 in the 2005 legislative session, newly incorporated cities have two years to comply with the inactive municipalities law, as well as certain other reporting requirements.
According to the statute (Code Section 36-30-7.1), an active municipality must:
1. Provide at least three of the following services, either directly or by contract:
a. Law enforcement
b. Fire protection and fire safety
c. Road and street construction or maintenance
d. Solid waste management
e. Water supply or distribution or both
f. Wastewater treatment
g. Stormwater collection and disposal
h. Electric or gas utility service
i. Enforcement of building, housing, plumbing, and electrical codes and other similar codes
j. Planning and zoning, and
k. Recreational facilities;
2. Hold at least six regular, monthly or bimonthly, officially recorded public meetings within the twelve month period prior to execution of a certificate stating that the municipal corporation meets the minimum standards for determining an active municipality; and
3. Qualify for and hold a regular municipal election as provided by law.
The governing authority of each municipal corporation is responsible for filing certification with the Georgia Department of Community Affairs confirming that the municipal corporation meets the minimum standards for an active municipality. Failure to meet these standards results in the termination of the legal existence of the municipal corporation, resulting in the loss of all assets, property, and legal rights as a municipal corporation and causing the dissolution of any local authority created by the former municipal corporation. If this occurs, the state empowers the county to use the assets of the municipal corporation or local authority to retire any outstanding debt.