FLOWERY BRANCH - “Hopefully, it didn’t make it out of committee,” Flowery Branch City Attorney Ron Bennett said Thursday evening as he glanced at his watch.
Bennett had just shared his legal opinion with the Flowery Branch City Council about a measure under consideration by the Georgia General Assembly that he called “terrible”: House Bill 302.
Thursday was Crossover Day in Atlanta, a deadline set by the state legislature when a bill must pass either the House or Senate to move forward; when Bennett made his comments several hours still remained in Crossover Day.
City and county leaders up and down the state were holding their collective breath, hoping along with Bennett and the Flowery Branch City Council that the measure would not make it “to the floor”.
According to opponents, HB302 would severely restrict a local government from being able to enforce architectural and design standards for single and multiple-family homes. No more could a local government specify standards regarding square footage, exterior components such as siding and roofing materials, house color palettes, landscaping, even floor plans.
Supporters of the bill say eliminating municipal requirements would reduce the cost of home construction.
Rich Atkinson, Flowery Branch Director of Planning and Community Development, told council members, “This bill would really restrict what we are able to do. We would basically have no say, if a builder came in, what they would build.”
“We definitely don’t think it’s a good idea for us to have that put upon us and have no influence in what our community looks like aesthetically,” Atkinson added.
Nonetheless, despite the fact that only hours remained before the imposed deadline and HB 302 still had not made “the crossover”, Flowery Branch city leaders wanted to make their voices heard, just in case the measure did make it to the floor at the last minute.
With a unanimous vote city council passed Resolution #19-006, which includes the following language:
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WHEREAS, local governments should be empowered to enforce building design standards to make today’s thriving downtown tomorrow’s historic district; and
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WHEREAS, by limiting the ability of local governments to enforce building design standards in single or double family dwellings, HB 302 would negatively impact quality-of-life issues, including economic growth and the safety and welfare of Georgia citizens.
- NOW, THEREFORE, BE IT RESOLVED BY THE City of Flowery Branch that this governing body voices its opposition to HB 302, Preemption of Local Building Design Standards.
“This is a terrible bill,” City Attorney Ron Bennett advised council members. “This is an awful bill for local governments.”
After the meeting Bennett repeated his opposition. “House Bill 302 is extremely detrimental to local government. It completely eviscerates their ability to regulate the appearance of residential development. It cuts against local governments’ obligation to preserve and protect the integrity and the look and the appearance of the community.”
Bennett once again checked his laptop computer for word about HB302. He found nothing, and to him and the Flowery Branch City Council, "no news was good news".
(Authors note: It is now Friday morning; Crossover Day has come and gone. House Bill 302 and its Senate companion bill did not make it to the floor. And while it can still technically be attached to another bill that did pass (very, very unlikely), city and county leaders statewide are slowing exhaling…until next year and another General Assembly.)
http://accesswdun.com/article/2019/3/771173/flowery-branch-leaders-voice-opposition-to-hb-302