Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-3 - OFFICE OF COORDINATED PLANNING › Subject 110-3-2 - MINIMUM PLANNING STANDARDS AND PROCEDURES FOR LOCAL COMPREHENSIVE PLANNING › Rule 110-3-2-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1)
General:
For the purpose of these rules, the following words shall 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.,
shall have the meaning as contained therein. Terms not defined in these rules,
				nor in O.C.G.A.
				50-8-1
et seq.,
shall have ascribed to them the ordinary accepted meanings such as the context
				may imply.
(2)
Definitions:
The following terms and definitions shall be used to guide
				the implementation of the comprehensive planning process.
(a) 'Additional Planning Elements' means any
				additional planning elements adopted by the board of directors of the regional
				development center and approved by the department in accordance with O.C.G.A.
				50-8-35 and guidelines developed
				by the department.
(b) 'Board'
				means the Board of Community Affairs.
(c) 'Board of Directors' means the Board of
				directors of a regional development center.
(d) 'Commissioner' means the Commissioner of
				Community Affairs.
(e)
				'Comprehensive Plan' means any 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.
(f) 'Conflict' means any conflict, dispute,
				or inconsistency arising:
1. Between or among
				comprehensive plans for any counties or municipalities, as proposed, prepared,
				proposed to be implemented, or implemented.
2. Between or among comprehensive plans for
				any regions, as proposed, prepared, proposed to be implemented, or
				implemented.
3. Between or among
				comprehensive plans for any counties or municipalities and comprehensive plans
				for the region which includes such counties or municipalities, as such plans
				are proposed, prepared, proposed to be implemented, or implemented.
4. With respect to or in connection with any
				action proposed to be taken or taken by any county, municipality, or other
				local government relating to or affecting regionally important resources, as
				defined by the department.
5. With
				respect to or in connection with any action proposed to be taken by any county,
				municipality, or other local government relating to or affecting developments
				of regional impact, as defined by the department.
(g) 'Conflict Resolution' means mediation or
				the process to be employed by the Department of Community Affairs in resolving
				differences arising from any conflict, as defined at (f), above.
(h) 'Coordinated and Comprehensive Planning'
				means planning by counties and municipalities and regional development centers
				in accordance with the minimum standards and procedures.
(i) 'Council' means the Governor's
				Development Council.
(j) 'County'
				means any county of this state.
(k)
				'Days' means calendar days, unless otherwise specified.
(l) 'Department' means the Department of
				Community Affairs.
(m)
				'Developments of Regional Impact' means any project that requires local
				government action to proceed and that exceeds the minimum thresholds
				established by the Department. Such procedures and guidelines to govern
				developments of regional impact shall be promulgated by the department pursuant
				to O.C.G.A.
				50-8-7.1(b)(3).
(n) 'Executive Committee' means the executive
				committee of a regional development center.
(o) 'Governing Body' means the board of
				commissioners of a county, sole commissioner of a county, council,
				commissioners, or other governing authority of a county or
				municipality.
(p) 'Implementation
				Strategy' means the narrative description counties and municipalities must
				submit describing how they intend to implement their comprehensive plan,
				including a listing of public actions to be undertaken by the community toward
				implementation of the comprehensive plan and the related costs of such
				actions.
(q) 'Local Government'
				means any county, municipality, or other political subdivision of the
				state.
(r) 'Local Government
				Affairs' means all matters involving or affecting local governments including,
				but not limited to, coordinated and comprehensive planning in which the state
				is or may become empowered or authorized to perform any duties,
				responsibilities, or functions or to exercise any power or authority.
(s) 'Local Government Services' means the
				activities performed or authorized to be performed by the department including,
				but not limited to, its performance of duties, responsibilities, and functions
				in local government affairs and its exercise of power and authority in local
				government affairs.
(t) 'Local
				Plan' means the comprehensive plan for any county or municipality.
(u) 'Mediation' means the process to be
				employed by the department and regional development centers for resolving
				conflicts which may arise from time to time in the coordinated and
				comprehensive planning process. Such procedures and guidelines to govern
				mediation shall be promulgated by the department pursuant to O.C.G.A.
				50-8-7.1(d).
(v) 'Minimum Standards and Procedures' means
				the minimum standards and procedures, including the minimum elements which
				shall be addressed and included for preparation of local comprehensive plans,
				for implementation of local comprehensive plans, and for participation in the
				coordinated and comprehensive planning process. Minimum standards and
				procedures may include any elements, standards, and procedures for such
				purposes prescribed by a regional development center for counties and
				municipalities within its region and approved in advance by the department, in
				accordance with O.C.G.A.
				50-8-35 and the rules and
				guidelines developed by the department.
(w) 'Municipality' means any municipal
				corporation of the state and any consolidated city-county government of the
				state.
(x) 'Planning Act' means
				Georgia Laws 1989 pp. 1317-1391 (O.C.G.A. Sec.
				45-12-200
et seq.;
50-8-1
et seq.;
12-2-1
et seq.;
and 36-70-12
et seq.
).
(y)
				'Plan Amendment' means a significant action by a local government to change its
				currently approved comprehensive plan. Amendments shall be deemed necessary
				when the local government feels conditions have changed dramatically so as to
				alter the basic tenets of its approved comprehensive plan.
(z) 'Plan Approval' means the certification
				conferred by the department acknowledging that a local government has prepared,
				submitted to the regional development center for review, and adopted a
				comprehensive plan that meets the minimum standards and procedures.
(aa) 'Planning' means the process of
				determining actions which state agencies, regional development centers, and
				local governments propose to take.
(bb) 'Planning Elements' means the minimum
				elements of a comprehensive plan that must be addressed by a local government
				in the preparation of such plan. The minimum elements shall initially include
				population, economic development, natural and historic resources, community
				facilities, housing, and land use.
(cc) 'Plan Update' means the complete rewrite
				of the local government comprehensive plan. This update is to be accomplished
				not later than ten years from the date of approval of the most recent
				comprehensive plan and must meet the minimum standards and
				procedures.
(dd) 'Qualified Local
				Government' means a county or municipality that:
1. Adopts and maintains a comprehensive plan
				in conformity with the minimum standards and procedures;
2. Establishes regulations consistent with
				its comprehensive plan and with the minimum standards and procedures;
				and
3. Does not fail to participate
				in the department's mediation or other means of resolving conflicts in a manner
				in which, in the judgment of the department, reflects a good faith effort to
				resolve any conflict.
(ee) 'Region' means the territorial area
				within the boundaries of operation for any regional development center, as such
				boundaries shall be established from time to time by the board in accordance
				with O.C.G.A.
				50-8-4(f).
(ff) 'Regional Development Center' means a
				regional development center established under O.C.G.A.
				50-8-32.
(gg) 'Regional Plan' means the comprehensive
				plan for a region prepared in accordance with the standards and procedures
				established by the department.
(hh)
				'Regionally Important Resources' means a natural or historic resource that has
				boundaries extending beyond a single local government's jurisdiction or has
				value to a broader public constituency and which is vulnerable to the actions
				and activities of man. Such procedures and guidelines to govern regionally
				important resources shall be promulgated by the department pursuant to O.C.G.A.
				50-8-7.1(b)(3).
(ii) 'Rules for Environmental Planning
				Criteria' means those standards and procedures with respect to natural
				resources, the environment, and vital areas of the state established and
				administered by the Department of Natural Resources pursuant to O.C.G.A.
				12-2-8, including, but not limited
				to, criteria for the protection of water supply watersheds, groundwater
				recharge areas, wetlands, protected mountains and protected river
				corridors.
(jj) 'Short Term Work
				Program' means that portion of the Implementation Strategy that lists the
				specific actions to be undertaken annually by the local government over the
				upcoming five years to implement the approved comprehensive plan.
1. A short term work program shall be
				prepared to summarize the recommendations contained in a local government's
				comprehensive plan and shall consist of:
(i)
				Major actions to be undertaken by a municipality or county to implement plan
				recommendations;
(ii) Time frames
				for implementing each of the major recommendations; and
(iii) Estimated cost (if any) of implementing
				individual major recommendations.
2. Such work program shall be submitted,
				reviewed and updated in accordance with the procedures outlined at
				110-3-2-.06(10).
(kk) 'State Agency' means any
				department, agency, commission, or other institution of the executive branch of
				the government of the State of Georgia.