reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-11 - GEORGIA STATE MINIMUM STANDARD CODES › Subject 110-11-2 - APPEALS SUBCOMMITTEE › Rule 110-11-2-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1)
"Commissioner"
means the
				Commissioner of the Georgia Department of Community Affairs.
(2)
"Department"
means the
				Georgia Department of Community Affairs.
(3)
"Private Professional
				provider"
means a professional engineer who holds a certificate of
				registration issued under Chapter 15 of Title 43 or a professional architect
				who holds a certificate of registration issued under Chapter 4 of Title 43, who
				is not an employee of or otherwise affiliated with or financially interested in
				the person, firm, or corporation engaged in the construction project to be
				reviewed or inspected.
(4)
"Regulatory Requirements"
means the requirements determined by a
				county or municipality to be necessary for approval of plans, permits, or
				applications under this chapter; provided, however, that with respect to any
				application, such requirements shall include the Georgia State Minimum Standard
				Codes most recently adopted by the Department of Community Affairs and any
				locally adopted ordinances and amendments to such codes; applicable zoning
				ordinances and conditions; design standards; and other state and local laws,
				regulations and ordinances applicable to the application in question.
(5)
"State Codes Advisory Committee"
				(SCAC)
means the advisory committee consisting of 21 members as defined
				in O.C.G.A.
				8-2-24.
O.C.G.A.
				  §
											8-2-26.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-11 - GEORGIA STATE MINIMUM STANDARD CODES › Subject 110-11-2 - APPEALS SUBCOMMITTEE › Rule 110-11-2-.02 - Scope of Rule

Current through Rules and Regulations filed through June 27, 2024
(1) When, as provided for in, and in
				accordance with Code Section
				8-2-26(g)  of Part
				2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia
				Annotated (O.C.G.A.), a decision by a local building official is appealed to
				the Department of Community Affairs, an Appeals Subcommittees, as established
				herein, shall be convened to review and rule upon the appeal. Decisions by the
				local official can only be appealed to the Department of Community Affairs if
				there is no local Board of Appeals.
O.C.G.A.
				  §
											8-2-26.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-11 - GEORGIA STATE MINIMUM STANDARD CODES › Subject 110-11-2 - APPEALS SUBCOMMITTEE › Rule 110-11-2-.03 - Filing Information/ Fee Structure

Current through Rules and Regulations filed through June 27, 2024
(1) In order for a Plan Review Appeals
				Subcommittee to be convened to review and rule upon an appeal, the appeal must
				be properly filed with the Department. "Proper filing" shall mean forwarding
				the following information via certified mail to the Department:
Office of Construction Codes and Industrialized
				  Buildings
60 Executive Park South, NE
Atlanta, GA 30329
(a) A notarized affidavit filed by the
				appellant containing thorough descriptions of (a) the decision by the local
				building official and (b) the nature of the dispute; (c) specific code
				citations (e.g., code(s), edition(s), section(s), subsection(s), state/local
				amendment(s), etc.) applicable to the subject matter in dispute.
(b) Any and all documentation from the
				appealing party, which may assist the subcommittee in its review.
(c) A filing fee in the amount of $250.00, in
				the form of a cashier's check, made payable to the "Georgia Department of
				Community Affairs," paid by the party appealing the decision by the local
				building official; and
(d) Any
				party that appeals a decision will also be charged for reasonable costs
				incurred by the department while conducting an investigation related to travel
				or when applicable, to pay an expert to provide consultation and specific
				knowledge related to the complaint.
(e) Reasonable costs should generally not
				exceed $500.00.
(f) Reasonable
				costs will be determined by the State of Georgia State Accounting Office State
				Travel Policy. (
State Travel Policy |
				State Accounting Office of Georgia
)
(g) Once an estimate of the reasonable costs
				is available, the appealing party will receive the information and will have a
				choice to withdraw if they do not agree to pay the additional costs. The filing
				fee will be non-refundable.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-11 - GEORGIA STATE MINIMUM STANDARD CODES › Subject 110-11-2 - APPEALS SUBCOMMITTEE › Rule 110-11-2-.04 - Meetings/ Process

Current through Rules and Regulations filed through June 27, 2024
(1) Meetings relating to appeals may be held
				via conference call, in person immediately before or after a regularly
				scheduled SCAC meeting, or for a special called in person meeting.
(2) Investigatory findings may be discussed
				via email or conference call.
(3)
				After a properly filed appeal has been received, DCA shall have five (5)
				business days to accept an application as complete; reject the application for
				just cause and provide an explanation; or deem the application incomplete. If
				the application is incomplete, the appealing party shall have five (5)
				additional business days to supply any missing information.
(4) As soon as an application is deemed
				complete, the city and or county will be notified. They will have ten (10)
				business days to respond to the appeal and submit any pertinent
				documentation.
(5) The subcommittee
				shall have sixty (60) days from the time all documentation from both parties is
				received to conduct an onsite investigation, review the materials, and make a
				decision. The subcommittee will review and rule on the appeal based on only the
				information that has been received. Additional information may not be
				considered.
(6) Once the applicable
				subcommittee makes its finding, the Department shall forward copies of the
				subcommittee's ruling to each of the disputing parties. The ruling of the
				subcommittee shall be binding.
O.C.G.A.
				  §
											8-2-26.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-11 - GEORGIA STATE MINIMUM STANDARD CODES › Subject 110-11-2 - APPEALS SUBCOMMITTEE › Rule 110-11-2-.05 - Appeals

Current through Rules and Regulations filed through June 27, 2024
(1) A subcommittee will be created and
				comprised of six members of the Department's State Codes Advisory Committee
				(SCAC): four county and municipal building official members of the SCAC, all of
				whom will serve on every such subcommittee, and two other SCAC members
				appointed by the chairman of the SCAC whose experience uniquely qualifies them
				in the subject area of, or whose individual fields of expertise are closely
				related to, the subject matter being appealed.
(2) At the first State Codes Advisory
				Committee Meeting of each calendar year, an agenda item will be added to
				appoint which fours SCAC members will serve on all Appeals Subcommittees if any
				appeal is filed during that calendar year.
(3) If an appeal is filed, the Chairman of
				the SCAC shall have five (5) business days to appoint the additional two SCAC
				members to serve for that particular appeal based on their experience relating
				to the subject area.
O.C.G.A.
				  §
											8-2-26.
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-.01 - Purpose

Current through Rules and Regulations filed through June 27, 2024
These rules become effective October 1, 2018. The purpose of
				  the Minimum Standards and Procedures is to provide a framework for the
				  development, management and implementation of local comprehensive plans at the
				  local, regional and state government level. They reflect an important state
				  interest: healthy and economically vibrant cities and counties are vital to the
				  state's economic prosperity.
Statewide benefits of comprehensive
				  planning
City and county comprehensive planning should be conducted in
				  the context of Georgia's strong and vibrant intergovernmental system that
				  clearly recognizes the important role cities and counties play in fostering the
				  state's image as an attractive place to invest, conduct businesses and raise a
				  family. City and county comprehensive planning enhances coordination at many
				  levels.
Local benefits of comprehensive
				  planning
The highest and best use of comprehensive planning for local
				  governments is to show important relationships between community issues. A
				  local comprehensive plan is a fact-based resource for local constituents that
				  tracks implementation of community-based policies. Furthermore, local
				  comprehensive planning creates an environment of predictability for business
				  and industry, investors, property owners, tax payers and the general public. In
				  addition, the plan helps local governments to recognize and then implement
				  important economic development and revitalization initiatives. For these
				  reasons, the state finds that well-planned communities are better prepared to
				  attract new growth in a highly competitive global market.
In short, local planning should recognize that:
* Assets can be
accentuated
and
improved
;
* Liabilities can be
mitigated
and
changed
over time; and
* Potential can be
sought
				  after
and
developed
.
These minimum standards and procedures for city and county
				  comprehensive planning reflect the principles of partnership and the unique
				  needs, conditions and aspirations of each city and county.
O.C.G.A. §
											50-8-7.1(b).
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-.06 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  50-8-7,
				  50-8-7.1.
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-.07 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  50-8-7.1.
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-.08 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  50-8-7.1.
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-.09 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  50-8-7.1.
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-.01 - Purpose

Current through Rules and Regulations filed through June 27, 2024
(1)
General:
The Georgia Development Impact Fee Act (O.C.G.A. §
									36-71-1
et seq.
),
				passed during the 1990 session of the General Assembly, sets certain
				conditions, related to comprehensive planning, which must be met by local
				governments before an impact fee ordinance can be implemented. The Act requires
				local governments wishing to impose development impact fees to adopt a
				comprehensive plan which meets the Minimum Standards and Procedures for Local
				Comprehensive Planning and which contains the additional planning components
				outlined at
				110-12-2-.03.
(2)
Applicability:
The
				comprehensive planning requirements listed in this chapter apply to all local
				governments intending to implement a development impact fee ordinance pursuant
				to the Georgia Development Impact Fee Act.
(3)
Effective Date:
Unless
				otherwise provided for herein, the planning requirements contained in this
				chapter shall have an effective date of May 1, 1997, at which time the rules
				that were adopted for this purpose by the Board of Community Affairs in 1991
				shall stand repealed.
O.C.G.A. Sec.
				  50-8-7.
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-.04 - Procedural Requirements

Current through Rules and Regulations filed through June 27, 2024
(1)
General:
Pursuant to
				O.C.G.A. 50-8-7.1(b), the
				Department has established minimum procedural standards for use in the process
				of developing a CIE. The following procedures are to be used in the
				preparation, submittal, review, adoption, update, and amendment of a CIE for
				one of the categories of public facilities described under O.C.G.A.
				36-71-2.
(2)
Compliance with Standards:
All local governments intending to implement a development impact fee ordinance
				pursuant to O.C.G.A.
				36-71-1 shall prepare, submit for
				review, and subsequently adopt a CIE that meets these planning standards and
				procedures on or before the date their impact fee ordinance goes into
				effect.
(3)
Public
				Participation:
All local governments must hold a minimum of two public
				hearings prior to the submittal of their draft CIE to the regional development
				center for review.
(a) At least one public
				hearing must be held prior to the development of the CIE to inform the public
				about the purpose of the CIE and the process to be followed in the preparation
				of the CIE, as well as to elicit community input on needs and goals. Local
				governments should follow the public hearing notification procedures they
				normally use in announcing and conducting public hearings.
(b) At least one additional hearing must be
				held just prior to the submittal of the draft CIE to the regional development
				center for review. The purpose of this hearing is to brief the community on the
				contents of the draft CIE, to provide an opportunity for residents to make
				suggestions, additions or revisions, and to notify the community of when the
				draft CIE will be submitted to the regional development center for
				review.
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 110-12-3 - DEVELOPMENTS OF REGIONAL IMPACT › Rule 110-12-3-.03 - Local Government Responsibilities

Current through Rules and Regulations filed through June 27, 2024
(1) The local government must follow the
				applicable procedures identified under DRI Communication Procedures detailed in
				Chapter 110-12-3-.02
				when:
1) an applicant (developer, builder, or
				landowner who is proposing the new development) requests some type of local
				government action related to a proposed development project, such as, but not
				limited to, a request for rezoning, annexation, zoning variance, building or
				land disturbance permit, hookup to a water or sewer system, master or site plan
				approval, acceptance of a public street, signing off on a subdivision plat,
				comprehensive plan amendment, or entering into a contract; and
2) it appears that the proposed development
				may meet or exceed the applicable DRI thresholds.
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 110-12-3 - DEVELOPMENTS OF REGIONAL IMPACT › Rule 110-12-3-.04 - Regional Commission Responsibilities

Current through Rules and Regulations filed through June 27, 2024
(1)
Each Regional Commission is
				encouraged to establish alternative DRI requirements, specifically tailored to
				the needs of their region, which may be either more restrictive or less
				restrictive than those promulgated by the Department in these rules. These
				alternative requirements may include:
1)
alternative DRI
				thresholds;
2)
alternative set of reviewable development types qualifying for DRI
				review;
3)
Amendments to the DRI Communication Procedures.
These
				alternative DRI requirements may apply to the entire region or to specific
				Areas Requiring Special Attention or Regionally Important Resources that are
				identified in the Regional Commission's Regional Plan. The alternative
				requirements must be developed and approved as follows:
* The Regional Commission must first solicit input about
				  desired alternative DRI requirements from the local governments in its region
				  and any potentially affected parties.
* The proposed alternative DRI requirements must be approved
				  by a majority of the Regional Commission's Council and subsequently submitted
				  to the Department for consideration.
* The Board of Community Affairs must adopt a resolution
				  approving the alternative DRI requirements for that Regional Commission.
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 110-12-3 - DEVELOPMENTS OF REGIONAL IMPACT › Rule 110-12-3-.05 - Determining if a Project is a DRI

Current through Rules and Regulations filed through June 27, 2024
(1) Regional Commissions mustuse the
				following criteria to determine if a development project is a DRI. The
				determination of the Regional Commission is final; however, a determination by
				the Regional Commission that a project is not a DRI as herein defined will not
				affect GRTA's authority pursuant to O.C.G.A.
				50-32-14.
(a)
Meets or Exceeds
DRI
Thresholds
.
1.
				The table below identifies the minimum DRI thresholds for each type of
				development and for two distinct planning tiers within the state. These
				population tiers are:
(1) Metropolitan Areas,
				which include counties with population of 50,000 or more as defined by the most
				recent decennial U.S. Census; and
(2) Non-Metropolitan Areas which include the
				remaining counties within the state. A map delineating these tiers is available
				from the Department. Regional Commissions and local governments within each
				county must utilize the appropriate thresholds associated with their population
				tier, unless the Regional Commission has adopted alternative thresholds for its
				region as provided in section 110-12-3-04(1). Proposed developments that do not
				equal or exceed these thresholds are not subject to the DRI Communication
				Procedures.
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 110-12-3 - DEVELOPMENTS OF REGIONAL IMPACT › Rule 110-12-3-.06 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) For the purpose
				of these rules, the following words will have the meaning as contained herein
				unless the context does not permit such meaning. Terms not defined in these
				rules but defined in O.C.G.A.
				50-8-1
et seq.
,
				will have the meanings contained therein. Terms not defined in these rules, or
				in O.C.G.A.
				50-8-1
et seq.
,
				will have ascribed to them the ordinary accepted meanings such as the context
				may imply.
(a) 'Affected Parties' means:
1) any local governments within geographic
				proximity that may be impacted by a DRI project located outside of its
				jurisdictional limits; and
2) any
				local, state, or federal agencies including the Department that could
				potentially have concern about a project's impact on regional systems and
				resources;
3) Georgia Regional
				Transportation Authority, if the proposed project is located within GRTA's
				jurisdiction; and
4) the host
				Regional Commission plus any Regional Commission within geographic proximity
				that could potentially have concern about a project's impact on regional
				systems and resources. This term should be liberally construed to ensure that
				all potentially affected local governments, public agencies, or Regional
				Commissions are included in the DRI Communication Procedures.
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 110-12-3 - DEVELOPMENTS OF REGIONAL IMPACT › Rule 110-12-3-.07 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  50-8-7.1
et
				  seq.
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 110-12-4 - REGIONALLY IMPORTANT RESOURCES › Rule 110-12-4-.01 - Purpose and Overview

Current through Rules and Regulations filed through June 27, 2024
(1)
General.
The Georgia
				Planning Act authorizes the Department of Community Affairs (the Department) to
				establish specific rules and procedures for the identification of Regionally
				Important Resources, development of a plan for protection and management of
				these resources, and for review of activities potentially impacting these
				resources. These specific rules and procedures are provided herein and are
				applicable to all local governments and Regional Commissions in the State. The
				intent of the these rules and procedures is: (1) enhanced focus on protection
				and management of important natural and cultural resources throughout the
				state; (2) careful consideration of, and planning for, impacts of new
				development on these important resources; and (3) improved local, regional and
				state level coordination in protecting and managing of these important
				resources.
(2)
Overview.
The rules require that:
(a) Regional Commissions involve regional
				stakeholders in a comprehensive effort to identify the important natural and
				cultural resources in the region.
(b) Regional Commissions prepare a
				comprehensive
Regional
Resource Plan
for
				protection and management of the identified resources. This plan must include
				the following components:
(1) a
Regionally Important Resource Map
for the region that includes
				all of the important natural and cultural resources and attempts to link these
				to form a continuous regional green infrastructure network;
(2)
Guidance for Appropriate
				Development Practices
that should be utilized by developers for
				designing new developments to be located within one mile of Regionally
				Important Resources; and
(3)
General Policies and Protection Measures
that should be
				utilized by local governments in making decisions that affect Regionally
				Important Resources. (Specific requirements for this plan are covered in more
				detail in section
				110-12-4-.02(2).)
(c) The
Regional Resource
				Plan
is submitted for review and comment by the Department and other
				affected parties before it is formally adopted and implemented by the Regional
				Commission. (Specific procedures for this review are covered in more detail in
				section 110-12-4-.02(3).)
(d) The
Regional Resource
				Plan
is utilized in subsequent development of the Regional Plan and is
				actively promulgated by the Regional Commission in an effort to coordinate
				activities and planning of local governments, land trusts and conservation or
				environmental protection groups active in the region, and state agencies toward
				protection and management of the identified Regionally Important Resources.
				(Specific requirements for promulgating the plan are covered in more detail in
				section 110-12-4-.02(4).)
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 110-12-4 - REGIONALLY IMPORTANT RESOURCES › Rule 110-12-4-.02 - Designation of Regionally Important Resources

Current through Rules and Regulations filed through June 27, 2024
(1)
Regionally Important Resource
				Nominations.
The Regional Commission must seek nominations from
				individuals, interested organizations (such as land trusts, conservation or
				environmental protection groups active in the region), local governments and
				governmental agencies for important natural or cultural resources located
				within the region. These nominations will be considered by the Regional
				Commission in developing the Regional Important Resources Map for the region
				(see section
				110-12-4-.02(2)(a)2.
				below). All nominations must include:
(a) A
				narrative of the resource's value and vulnerability which addresses the
				regional importance of the resource and indicates the degree to which the
				resource is threatened or endangered.
(b) A map of the recommended resource
				boundaries that also identifies any municipal or county boundaries falling
				within the proposed resource boundaries.
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 110-12-4 - REGIONALLY IMPORTANT RESOURCES › Rule 110-12-4-.03 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) For the purpose
				of these rules, the following words will have the meaning as contained herein
				unless the context does not permit such meaning. Terms not defined in these
				rules but defined in O.C.G.A.
				50-8-1
et seq.
,
				will have the meanings contained therein. Terms not defined in these rules, or
				in O.C.G.A.
				50-8-1
et
				seq
.
, will have ascribed to them the ordinary
				accepted meanings such as the context may imply.
(a)"Affected Parties" means:
1) any local governments located inside the
				region;
2) any local, state, or
				federal agencies including the Department that have interest in protection and
				management of Regionally Important Resources;
3) the host Regional Commission as well as
				Regional Commission s that are contiguous to the region or that are likely to
				be affected by the Regional Resource Plan; and
3) any private or non-profit sector
				organizations that have interest in protection and management of Regionally
				Important Resources and that are active in the region. This term should be
				liberally construed to ensure that all potentially affected local governments,
				public agencies, private or non-profit organizations are included.
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 110-12-4 - REGIONALLY IMPORTANT RESOURCES › Rule 110-12-4-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  50-8-7,
				  50-8-7.1
et
				  seq.
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 110-12-4 - REGIONALLY IMPORTANT RESOURCES › Rule 110-12-4-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  50-8-7,
				  50-8-7.1
et
				  seq.
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 110-12-4 - REGIONALLY IMPORTANT RESOURCES › Rule 110-12-4-.06 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  50-8-7,
				  50-8-7.1
et
				  seq.
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 110-12-5 - ALTERNATIVE DISPUTE RESOLUTION FOR INTER-JURISDICTIONAL CONFLICTS › Rule 110-12-5-.01 - Purpose and Overview

Current through Rules and Regulations filed through June 27, 2024
(1)
General.
The Georgia
				Planning Act authorizes the Department of Community Affairs (the Department) to
				establish procedures and guidelines for mediation or other means of resolving
				conflicts related to local plans, regional plans, Developments of Regional
				Impact, and Regionally Important Resources. These specific rules and procedures
				are provided herein and are applicable to all local governments and Regional
				Commissions in the State. The intent of these rules is:
(1) provide an alternative to the courts for
				resolving conflicts related to planning or growth management, where processes
				for resolving specific types of disputes (such as, but not limited to, those
				for annexations or service delivery conflicts) are not provided elsewhere in
				state law;
(2) foster more careful
				consideration of, and planning for, impacts of growth; and
(3) improve local, regional and state level
				communication about planning and growth management matters.
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 110-12-5 - ALTERNATIVE DISPUTE RESOLUTION FOR INTER-JURISDICTIONAL CONFLICTS › Rule 110-12-5-.02 - Alternative Dispute Resolution Process

Current through Rules and Regulations filed through June 27, 2024
(1)
Pre-initiation Consultation.
Whenever a local government, Regional Commission, or private interest
				becomes aware of a conflict related to preparation or implementation of a local
				or regional plan, Development of Regional Impact or Regionally Important
				Resources, it must first contact the Regional Commission of the local
				government whose plan or proposed action is the subject of the conflict and ask
				the process manager to contact parties potentially affected by the conflict to
				discuss the issues and evaluate whether the conflict is suitable for the
				alternative dispute resolution process provided in these rules. In making a
				determination of whether the alternative dispute resolution process provided in
				these rules is appropriate for the subject conflict, the process manager must
				assess whether other processes for resolving the specific type of dispute (such
				as, but not limited to, those for annexation or service delivery conflicts) is
				already specified in state law. If this is not the case and the process
				manager's discussions with potentially affected parties results in a
				determination that the alternative dispute resolution process is appropriate
				for the subject conflict, the process manager shall transmit to the appropriate
				parties, in writing, a recommendation to initiate the alternative dispute
				resolution process by the procedures outlined below.
(2)
Petition for Alternative Dispute
				Resolution.
A petition for alternative dispute resolution must be filed
				with the Regional Commission of the local government whose plan or proposed
				action is the subject of the conflict. If a Regional Commission is party to the
				conflict, then the petition must instead be filed with the Department.
(a) The Department's
Uniform Petition
				for Alternative Dispute Resolution
mustbe used by the petitioning
				party. It must include:
1. A statement of the
				facts underlying the conflict;
2.
				Identification of the injury that has been or may be suffered by the
				petitioner;
3. Steps that have
				previously been taken to resolve the conflict; and
4. Listing of any other local governments,
				public agencies, or private interests (such as the project sponsor/property
				owner and any other affected property owners) that should be included as
				affected parties in the alternative dispute resolution process.
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 110-12-5 - ALTERNATIVE DISPUTE RESOLUTION FOR INTER-JURISDICTIONAL CONFLICTS › Rule 110-12-5-.03 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) For the purpose
				of these rules, the following words will have the meaning as contained herein
				unless the context does not permit such meaning. Terms not defined in these
				rules but defined in O.C.G.A.
				50-8-1
et seq.
,
				will have the meanings contained therein. Terms not defined in these rules, or
				in O.C.G.A.
				50-8-1
et
				seq
.
, will have ascribed to them the ordinary
				accepted meanings such as the context may imply.
(a) "Affected Parties" means:
1) the local government or Regional
				Commission that files a petition for alternative dispute resolution;
2) the local government or Regional
				Commission whose plan or proposed action is the subject of the conflict; and
3) any other local government,
				public agency, or private interests (such as technical experts) that the above
				two parties agree to include in the alternative dispute resolution
				process.
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 110-12-5 - ALTERNATIVE DISPUTE RESOLUTION FOR INTER-JURISDICTIONAL CONFLICTS › Rule 110-12-5-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  50-8-7,
				  50-8-7.1
et
				  seq.
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 110-12-5 - ALTERNATIVE DISPUTE RESOLUTION FOR INTER-JURISDICTIONAL CONFLICTS › Rule 110-12-5-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  50-8-7,
				  50-8-7.1
et
				  seq.
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 110-12-5 - ALTERNATIVE DISPUTE RESOLUTION FOR INTER-JURISDICTIONAL CONFLICTS › Rule 110-12-5-.06 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  50-8-7,
				  50-8-7.1
et
				  seq.
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-.01 - Purpose

Current through Rules and Regulations filed through June 27, 2024
These rules become effective October 1, 2017. The purpose of
				  the regional planning requirements is to provide a framework for preparation of
				  regional plans that will:
* involve all segments of the region in developing a vision
				  for the future of the region, ensuring the plan is representative of the entire
				  region;
* generate pride and enthusiasm about the future of the
				  region;
* identify priority needs and opportunities affecting the
				  region and customize technical assistance efforts to promote impactful change
				  related to those needs and opportunities;
* engage the interest of regional policy makers and
				  stakeholders in implementing the plan; and
* provide a guide to everyday decision-making for use by
				  government officials and other regional leaders.
To this end, the planning requirements emphasize involvement
				  of stakeholders and the general public in preparation of plans that include an
				  impactful, well-conceived, and achievable vision for the future of the region.
				  When implemented, the resulting plan will help the region address critical
				  issues and opportunities while moving toward realization of its unique vision
				  for the region's future.
The planning requirements also provide a framework to
				  Regional Commissions for advancing the state's planning goals of:
* a growing and balanced economy;
* protection of environmental, natural and cultural
				  resources;
* provision of infrastructure and services to support
				  efficient growth and development patterns;
* access to adequate and affordable housing for all
				  residents;
* coordination of land use planning and transportation
				  planning to support sustainable economic development, protection of natural and
				  cultural resources and provision of adequate and affordable housing; and
* coordination of local planning efforts with other local
				  service providers and authorities, neighboring communities and state and
				  regional plans.
The state goals are further elaborated in the Department's
				  Quality Community Objectives (section
				  110-12-6-.04(3)),
				  which provide a starting point for communities to assess compatibility of their
				  existing development patterns and policies with these planning goals. The
				  Quality Community Objectives may also be employed to evaluate the region's
				  vision for the future for consistency with state planning
				  goals.
O.C.G.A. §
											50-8-1,
et
				  seq
.
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-.04 - State Planning Goals and Objectives

Current through Rules and Regulations filed through June 27, 2024
(1)
General.
The Department has
				established statewide goals and a number of Quality Community Objectives that
				further elaborate the state goals, based on growth and development issues
				identified in local and regional plans, throughout the state. These goals and
				objectives are intended to provide guidance, or targets for Regional
				Commissions to achieve, in developing and implementing their regional plan.
				This section is provided as a reference for Regional Commissions as they
				evaluate policies, activities, and development patterns in the region for
				consistency with these goals and objectives pursuant to section
				110-12-6-.03(3)(b).
(2)
Statewide Planning Goals.
(a)
Economic Development Goal
:
				To achieve a growing and balanced economy, consistent with the prudent
				management of the state's resources, that equitably benefits all segments of
				the population.
(b)
Natural
				and Cultural Resources Goal
: To conserve and protect the environmental,
				natural and cultural resources of Georgia's communities, regions and the
				state.
(c)
Community
				Facilities and Services Goal
: To ensure the provision of community
				facilities and services throughout the state to support efficient growth and
				development patterns that will protect and enhance the quality of life of
				Georgia's residents.
(d)
Housing Goal
: To ensure that all residents of the state have
				access to adequate and affordable housing.
(e)
Land Use and Transportation
				Goal
: To ensure the coordination of land use planning and transportation
				planning throughout the state in support of efficient growth and development
				patterns that will promote sustainable economic development, protection of
				natural and cultural resources and provision of adequate and affordable
				housing.
(f)
Intergovernmental Coordination
: To ensure the coordination of
				local planning efforts with other local service providers and authorities, with
				neighboring communities and with state and regional plans and
				programs.
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-.08

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											50-8-1,
et
				  seq
.
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-.09

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											50-8-1,
et
				  seq
.
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 110-12-7 - DEVELOPMENTS OF REGIONAL IMPACT: ALTERNATIVE REQUIREMENTS: ATLANTA REGIONAL COMMISSION › Rule 110-12-7-.03 - Local Government Responsibilities

Current through Rules and Regulations filed through June 27, 2024
(1) The local government must follow the
				applicable procedures identified under DRI Communication Procedures detailed in
				Chapter 110-12-7-.02
				when:
1) an applicant (developer, builder, or
				landowner who is proposing the new development) requests some type of local
				government action related to a proposed development project, such as, but not
				limited to, a request for rezoning, annexation, zoning variance, building or
				land disturbance permit, hookup to a water or sewer system, master or site plan
				approval, acceptance of a public street, signing off on a subdivision plat,
				comprehensive plan amendment, or entering into a contract; and
2) it appears that the proposed development
				may meet or exceed the applicable DRI thresholds.
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 110-12-7 - DEVELOPMENTS OF REGIONAL IMPACT: ALTERNATIVE REQUIREMENTS: ATLANTA REGIONAL COMMISSION › Rule 110-12-7-.04 - Regional Commission Responsibilities

Current through Rules and Regulations filed through June 27, 2024
(1)
Each Regional Commission is
				encouraged to establish alternative DRI requirements, specifically tailored to
				the needs of their region, which may be either more restrictive or less
				restrictive than those promulgated by the Department in these rules. These
				alternative requirements may include:
1)
alternative DRI
				thresholds;
2)
alternative set of reviewable development types qualifying for DRI
				review;
3)
Amendments to the DRI Communication Procedures.
These
				alternative DRI requirements may apply to the entire region or to specific
				Areas Requiring Special Attention or Regionally Important Resources that are
				identified in the Regional Commission's Regional Plan. The alternative
				requirements must be developed and approved as follows:
* The Regional Commission must first solicit input about
				  desired alternative DRI requirements from the local governments in its region
				  and any potentially affected parties.
* The proposed alternative DRI requirements must be approved
				  by a majority of the Regional Commission's Council and subsequently submitted
				  to the Department for consideration.
* The Board of Community Affairs must adopt a resolution
				  approving the alternative DRI requirements for that Regional Commission.
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 110-12-7 - DEVELOPMENTS OF REGIONAL IMPACT: ALTERNATIVE REQUIREMENTS: ATLANTA REGIONAL COMMISSION › Rule 110-12-7-.05 - Determining if a Project is a DRI

Current through Rules and Regulations filed through June 27, 2024
(1) Regional Commissions mustuse the
				following criteria to determine if a development project is a DRI. The
				determination of the Regional Commission is final; however, a determination by
				the Regional Commission that a project is not a DRI as herein defined will not
				affect GRTA's authority pursuant to O.C.G.A.
				50-32-14.
(a)
Meets or Exceeds
DRI
Thresholds
.
1.
				The table below identifies the minimum DRI thresholds for each type of
				development and for two distinct planning tiers within the state. These
				population tiers are:
(1) Metropolitan Areas,
				which include counties with population of 50,000 or more as defined by the most
				recent decennial U.S. Census; and
(2) Non-Metropolitan Areas which include the
				remaining counties within the state. A map delineating these tiers is available
				from the Department. Regional Commissions and local governments within each
				county must utilize the appropriate thresholds associated with their population
				tier, unless the Regional Commission has adopted alternative thresholds for its
				region as provided in section 110-12-7-04(1). Proposed developments that do not
				equal or exceed these thresholds are not subject to the DRI Communication
				Procedures.
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 110-12-7 - DEVELOPMENTS OF REGIONAL IMPACT: ALTERNATIVE REQUIREMENTS: ATLANTA REGIONAL COMMISSION › Rule 110-12-7-.06 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) For the purpose
				of these rules, the following words will have the meaning as contained herein
				unless the context does not permit such meaning. Terms not defined in these
				rules but defined in O.C.G.A.
				50-8-1
et seq.
,
				will have the meanings contained therein. Terms not defined in these rules, or
				in O.C.G.A.
				50-8-1
et seq.
,
				will have ascribed to them the ordinary accepted meanings such as the context
				may imply.
(a) 'Affected Parties' means:
1) any local governments within geographic
				proximity that may be impacted by a DRI project located outside of its
				jurisdictional limits; and
2) any
				local, state, or federal agencies including the Department that could
				potentially have concern about a project's impact on regional systems and
				resources;
3) Georgia Regional
				Transportation Authority, if the proposed project is located within GRTA's
				jurisdiction; and
4) the host
				Regional Commission plus any Regional Commission within geographic proximity
				that could potentially have concern about a project's impact on regional
				systems and resources. This term should be liberally construed to ensure that
				all potentially affected local governments, public agencies, or Regional
				Commissions are included in the DRI Communication Procedures.