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 110-12-6 - STANDARDS AND PROCEDURES FOR REGIONAL PLANNING "REGIONAL PLANNING REQUIREMENTS" › Rule 110-12-6-.06 - Procedures

Current through Rules and Regulations filed through June 27, 2024
(1)
Preparation, Transmittal and Review of the Regional Plan.
Upon
				completion, the Regional Commission must submit its Regional Plan to the
				Department for review. The Regional Plan must be adopted prior to the deadline
				specified in the Schedule for Regional Planning maintained by the Department.
(a)
First Regional Hearing.
A
				first public hearing must be held at the inception of the regional planning
				process. This hearing may be held as part of a regularly scheduled Council
				meeting. The purpose of this hearing is to brief the regional stakeholders on
				the process to be used to develop the plan, opportunities for participation in
				development of the plan, and to obtain input on the proposed planning process.
				Once stakeholder comments have been addressed, the Regional Commission may
				begin the process of developing the plan.
(b)
Developing the Plan - Stakeholder
				Involvement.
Each element of the plan must be prepared with considerable
				opportunity for involvement and input from stakeholders, regional leadership,
				and the general public, following the process specified in section
				110-12-6-.03(5)(c).
				This will help ensure that the plan reflects the full range of regional needs
				and values and that the plan will be implemented, because citizens and
				leadership that are involved in plan development are likely to become committed
				to seeing it through.
(c)
Second Public Hearing.
A second public hearing must be held once
				the plan has been drafted and made available for public review. This hearing
				may be held as part of a regularly scheduled Council meeting. The purpose of
				this hearing is to brief the region on the contents of the plan, provide an
				opportunity for stakeholders to make final suggestions, additions or revisions,
				and notify the region of when the plan will be submitted to the Department for
				review. Once public comments have been addressed, the plan must be transmitted
				to the Department with a cover letter signed by the Regional Commission
				executive director or Regional Commission council chairman and in accordance
				with section 110-12-06-.02(2).
(d)
Completeness Check.
The Department shall determine whether the
				Regional Plan is complete, within 7 days of its receipt. A Regional Plan that
				does not meet the standard for completeness (as determined by the Department)
				shall be deemed incomplete and shall not be accepted for further review by the
				Department. The Department shall notify the Regional Commission of its findings
				regarding the completeness of the submittal and identify items that must be
				submitted, if any, prior to further processing.
(e)
Notification of Interested
				Parties.
Once the Department has determined that the Regional Plan is
				complete, it shall immediately notify any interested parties of the
				availability of the Regional Plan for review and comment, providing the name of
				the Regional Commission, the general nature of the Regional Plan, and a
				deadline by which comments must be received. At a minimum, interested parties
				shall include:
* Local governments located inside the region, any local
				  governments located outside but contiguous to the region, and any other local
				  governments that are likely to be affected by the Regional Plan;
* Any local authorities, special districts, or other entities
				  identified in evaluating intergovernmental coordination mechanisms and
				  processes (if applicable);
* Regional Commissions that are contiguous to the region or
				  that are likely to be affected by the Regional Plan; and
* Affected state agencies, including the Department of
				  Transportation, the Georgia Environmental Facilities Authority, etc.
(f)
Review of the Regional
				Plan.
The Department shall review the Regional Plan for its adequacy at
				addressing the required components and developing an effective implementation
				program for achieving the Regional Vision and address identified issues and
				opportunities. The Department may also offer advisory comments for improving
				the Regional Plan for consideration by the Regional Commission.
(g)
Final Report of Findings and
				Recommendations.
Within 45 days after certification of the completeness
				of the Regional Plan, the Department must transmit a report of its findings and
				recommendations to the Regional Commission. The report must include:
* Comments submitted by interested parties that reviewed the
				  Regional Plan;
* The Department's findings and recommendations resulting
				  from its review of the Regional Plan.
(h)
Regional Plan Revisions
. If
				the Report of Findings and Recommendations indicates that the plan is not yet
				in compliance with the Minimum Standards and Procedures, the Regional
				Commission must address any requested changes by revising the plan and
				resubmitting it to the Department for review. Once the plan is resubmitted for
				review, the Department will complete its review as soon as possible. The
				process of revision and review can be repeated until the plan is found to be in
				compliance with the Minimum Standards and Procedures.
(i)
Alternative Dispute Resolution.
Alternative dispute resolution of conflicts relating to the Regional
				Plan may be initiated in accordance with the Rules for Alternative Dispute
				Resolution adopted by the Board of Community Affairs.
(j)
Adoption of the Regional
				Plan.
Once the Regional Plan has been found by the Department to be in
				compliance with the planning requirements, the Council may adopt the Regional
				Plan with or without any recommendations for improvement included in the
				Department's report of findings and recommendations. In order to maintain
				eligibility for state funding, the Regional Commission must adopt the Regional
				Plan prior to the deadline specified in the Schedule for Regional Planning
				maintained by the Department.
(k)
Notification of Adoption.
Within 7 days of adoption of a Regional
				Plan, the Regional Commission shall notify the Department that these documents
				have been adopted by the Council.
(l)
Certification.
Once the
				Department has been notified by the Regional Commission of adoption of a
				Regional Plan, the Department may issue a letter certifying this Regional
				Commission as eligible for state funding. This certification shall
				automatically expire approximately five years thereafter, unless otherwise
				specified. To retain this certification, a Regional Commission must remain in
				compliance with the requirements outlined in these planning
				requirements.
(m)
Promulgating the Regional Plan.
Once adopted, the Regional Plan
				must be promulgated within the region by the Regional Commission as follows:
1. Consult with all local governments in the
				region to explain the contents of the Regional Plan and to encourage each
				government to:
* Coordinate identification of local character areas or
				  future land use designations in local comprehensive plans with the Regional
				  Development and Areas Requiring Special Attention Maps for the region.
				  Generally each of the local character or future land use areas should fit into
				  the larger regional maps by being consistent in terms of allowed land uses and
				  implementation measures to be applied to achieve desired development
				  patterns.
* Coordinate decisions about investments in new or upgraded
				  public facilities with the Regional Policies.
* Follow the Performance Standards in developing and
				  implementing their local comprehensive plan. This includes fitting local
				  character or future land use areas into the larger regional development
				  patterns context and adopting implementation measures (such as new or revised
				  local development regulations, incentives, public investments, and
				  infrastructure improvements) to achieve the desired development patterns for
				  the region.
2. Consult with
				any other important regional stakeholders (such as developers, chambers of
				commerce, environmental protection groups) to explain the contents of the
				Regional Plan and to encourage them to coordinate their activities to achieve
				the desired development patterns for the region.
3. Consult with staff of the Department of
				Transportation, Department of Natural Resources, Georgia Environmental
				Facilities Authority and other appropriate state agencies to encourage them to
				coordinate their activities with the Regional Plan.