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 110-12-1 - STANDARDS AND PROCEDURES FOR LOCAL COMPREHENSIVE PLANNING LOCAL PLANNING REQUIREMENTS › Rule 110-12-1-.04 - Procedures

Current through Rules and Regulations filed through June 27, 2024
(1)
Preparation, Transmittal and Review of the Comprehensive Plan.
All
				required hearings should be handled in a manner that is consistent with any
				locally-adopted ordinances or other customary processes regarding the conduct
				of public hearings. The Department recommends that any community which must
				include a Land Use Element in its plan pursuant to section
				110-12-1-.03(7)
				should comply with the Zoning Procedures Law (O.C.G.A. §
									36-66-1, et seq.). Failure to
				handle public hearings appropriately may undermine the legal validity of the
				local comprehensive plan. Documentation of the required public hearings (e.g.,
				a copy of the "tear sheet" advertising the hearing in the local newspaper, a
				sign-in sheet from the hearing, etc.) must be included in the appendix of
				community involvement activities discussed in section
				110-12-1-.02(2)(d).
(a)
First Required Public
				Hearing.
A first public hearing must be held at the inception of the
				local planning process. The purpose of this hearing is to brief the community
				on the process to be used to develop the plan, opportunities for public
				participation in development of the plan, and to obtain input on the proposed
				planning process. Once public comments have been addressed, the community may
				begin the process of developing the plan.
(b)
Developing the Plan - Community
				Involvement.
Each element of the plan must be prepared with considerable
				opportunity for involvement and input from stakeholders, local leadership, and
				the general public, following the process specified in section
				110-12-1-.02(2).
				This will help ensure that the plan reflects the full range of community 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, but prior to
				its transmittal to the Regional Commission for review. The purpose of this
				hearing is to brief the community on the contents of the plan, provide an
				opportunity for residents to make final suggestions, additions or revisions,
				and notify the community of when the plan will be submitted to the Regional
				Commission for review. Once public comments have been addressed, the plan must
				be transmitted to the Regional Commission with the cover letter provided at
				section 110-12-1-.02(3).
(d)
Submittal for Review.
Upon
				completion, the local government must transmit its plan to the Regional
				Commission for review. Once received, the Regional Commission shall immediately
				forward the plan to the Department for review, indicating the date the plan was
				received from the local government. This date of submittal for review is the
				beginning of the plan review process.
(e)
Notification of Interested
				Parties.
Once the Regional Commission has accepted the plan for review,
				it shall immediately notify interested parties of the availability of the plan
				for review and comment, providing the name of the local government, the general
				nature of the plan and a deadline by which comments must be returned to the
				Regional Commission. At minimum, interested parties shall include:
· Local governments inside or outside the Regional
				  Commission's region that are contiguous to the submitting local government, and
				  other local governments that are likely to be affected by the 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 local
				  government or that are likely to be affected by the plan; and
· Affected state agencies, including the Department of
				  Transportation, the Department of Natural Resources, the Georgia Environmental
				  Facilities Authority, and the Department.
The Regional Commission may (at its sole discretion) conduct
				  a hearing at which any local government, Regional Commission or other local,
				  regional, or state agency may present its views on the plan. The rules for
				  conducting such hearings shall be as approved and adopted by the Council of the
				  Regional Commission.
(f)
Regional Commission Review.
The Regional Commission shall review
				the plan for potential conflicts with plans of neighboring jurisdictions,
				opportunities for interjurisdictional/regional solutions to common issues, and
				consistency with the adopted regional plan for the region.
(g)
Department Review.
The
				Department shall review the required elements of the plan for compliance with
				the Minimum Standards and Procedures. This review may result in identification
				of deficiencies that must be resolved before the plan can be approved. The
				Department may also provide advisory comments to the community and/or the plan
				preparer (if the plan was prepared by some other party) which are intended to
				improve the usefulness of the submitted plan and other, future plans. Such
				advisory comments shall not prevent a local government from adopting an
				otherwise compliant local comprehensive plan. The Department's findings and
				recommendations resulting from its review shall be transmitted to the Regional
				Commission for inclusion in the final report within 35 days after submittal for
				review.
(h)
Report of
				Findings and Recommendations.
Within 40 days after submittal for review,
				the Regional Commission must transmit a report of findings and recommendations
				to the local government and a copy of which shall be provided to the
				Department. This report must include:
· Comments submitted by interested parties that reviewed the
				  plan and (if applicable) a summary of the regional review hearing, detailing
				  any significant issues raised;
· The Regional Commission's findings from its
				  Intergovernmental and Consistency review of the plan and its recommendations
				  for addressing these findings; and
· A copy of the Department's findings and recommendations
				  resulting from its review of the plan.
(i)
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 local government must
				address any requested changes by revising the plan and resubmitting it to the
				Regional Commission for review. Once the plan is resubmitted for review, both
				the Department and the Regional Commission will complete their review and
				respond to the local government as soon as possible. This process of revision
				and review can be repeated until the plan is found to be in compliance with the
				Minimum Standards and Procedures.
(j)
Adoption of the Plan.
Once
				the plan has been found by the Department to be in compliance with the Minimum
				Standards and Procedures, the local governing body may adopt the approved plan.
				In order to maintain Qualified Local Government certification, the local
				government must adopt the approved plan. If the local government fails to adopt
				the plan within one year after the plan is found to be in compliance with the
				Minimum Standards and Procedures, it will be necessary to resubmit the plan for
				review as provided at
				110-12-1-.04(1)(d).
(k)
Notification of Local
				Adoption.
Within seven days of local adoption of the approved plan, the
				local government must provide an executed copy of the adoption resolution and
				an as-adopted version of the plan to the Regional Commission. Within seven days
				of receipt of this written notice, the Regional Commission must forward these
				documents to the Department.
(l)
Qualified Local Government Certification.
Once the Department has
				been notified by the Regional Commission that a local government has adopted
				the approved plan, the Department will notify the local government that
				Qualified Local Government certification has been extended.
(m)
Publicizing the Plan.
Once
				adopted by the local government, the availability of the plan must be
				publicized by the local government for public information. This requirement may
				be met by providing notice in a local newspaper of general circulation, posting
				notice on the local government's website, or using similar means to notify the
				public of plan adoption and directing them where a complete copy of the plan
				may be reviewed.