Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-12 - MINIMUM STANDARDS AND PROCEDURES › Subject 110-12-2 - DEVELOPMENT IMPACT FEE COMPLIANCE REQUIREMENTS › Rule 110-12-2-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1)
General:
For the purposes of this chapter, the following words shall
				have the meaning as contained herein unless the context does not permit such
				meaning. Terms not defined in this chapter but defined in O.C.G.A. §
									36-71-1
et seq
,
				shall have the meanings contained in O.C.G.A. §
									36-71-1
et seq.
Terms not defined in this chapter, nor in O.C.G.A. §
									36-71-1
et seq.
,
				shall have ascribed to them ordinary accepted meanings such as the context may
				imply.
(2) Definitions:
(a) 'Capital Improvement' means an
				improvement with a useful life of ten years or more, by new construction or
				other action, which increases the service capacity of a public
				facility.
(b) 'Capital Improvements
				Element' means a component of a comprehensive plan adopted pursuant to O.C.G.A.
				§
										50-8-1
et seq.
which sets out projected needs for system improvements during a planning
				horizon established in the comprehensive plan, a schedule of capital
				improvements that will meet the anticipated need for system improvements, and a
				description of anticipated funding sources for each required
				improvement.
(c) 'Comprehensive
				Plan' means a 20-year plan by a county or municipality covering such county or
				municipality or any plan by a regional development center covering the center's
				region proposed or prepared pursuant to the minimum standards and procedures
				for preparation of comprehensive plans and for implementation of comprehensive
				plans, established by the department in accordance with O.C.G.A.
				50-8-7.1(b)  and
				50-8-7.2.
(d) 'Development Impact Fee' means a payment
				of money imposed upon development as a condition of development approval to pay
				for a proportionate share of the cost of system improvements needed to serve
				new growth and development.
(e)
				'Level of Service' means a measure of the relationship between service capacity
				and service demand for public facilities in terms of demand to capacity ratios
				or the comfort and convenience of use or service of public facilities, or
				both.
(f) 'Project Improvements'
				means site improvements and facilities that are planned and designed to provide
				service for a particular development project and that are necessary for the use
				and convenience of the occupants or users of the project and are not system
				improvements. The character of the improvement shall control a determination of
				whether an improvement is a project improvement or system improvement, and the
				physical location of the improvement on-site or off-site shall not be
				considered determinative of whether an improvement is a project improvement or
				a system improvement. If an improvement or facility provides or will provide
				more than incidental service or facilities capacity to persons other than users
				or occupants of a particular project, the improvement or facility is a system
				improvement and shall not be considered a project improvement. No improvement
				or facility included in a plan for public facilities approved by the governing
				body of the municipality or county shall be considered a project
				improvement.
(g) 'Public
				Facilities' means:
1. Water supply production,
				treatment and distribution facilities;
2. Wastewater collection, treatment and
				disposal facilities;
3. Roads,
				streets and bridges, including rights of way, traffic signals, landscaping and
				any local components of state or federal highways;
4. Stormwater collection, retention,
				detention, treatment and disposal facilities, flood control facilities, and
				bank and shore protection and enhancement improvements;
5. Parks, open space and recreation areas,
				and related facilities;
6. Public
				safety facilities, including police, fire, emergency medical and rescue
				facilities; and
7. Libraries and
				related facilities.
(h)
				'Service Area' means a geographic area defined by a municipality, county or
				intergovernmental agreement in which a defined set of public facilities
				provides service to development within the area. Service areas shall be
				designated on the basis of sound planning or engineering principles, or
				both.
(i) 'System Improvements'
				means capital improvements that are public facilities and are designed to
				provide service to the community at large, in contrast to 'project
				improvements!