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-.05 - Definitions

Current through Rules and Regulations filed through June 27, 2024
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., or O.C.G.A.
				  50-39-1 shall have the meanings
				  contained therein. Terms not defined in these rules, nor in O.C.G.A.
				  50-8-1, et seq., or O.C.G.A.
				  50-39-1 shall have ascribed to them
				  the ordinary accepted meanings such as the context may imply. For the purpose
				  of these rules, the terms "shall" and "must" have the same meaning, are
				  mandatory in nature, and are indicative of a requirement. The following terms
				  and definitions shall be used to guide the implementation of the comprehensive
				  planning process.
(1) 'Character Area'
				means a specific geographic area or district within the community that:
· has unique or special characteristics to be preserved or
				  enhanced (such as a downtown, a historic district, and arts district, a
				  neighborhood, or a transportation corridor);
· has potential to evolve into a unique area with more
				  intentional guidance of future development through adequate planning and
				  implementation (such as a strip commercial corridor that could be revitalized
				  into a more attractive village development pattern); or
· requires special attention due to unique development issues
				  (rapid change of development patterns, economic decline, etc.).
Each character area is a planning sub-area within the
				  community where more detailed, small-area planning and implementation of
				  certain policies, investments, incentives, or regulations may be applied in
				  order to preserve, improve, or otherwise influence its future development
				  patterns in a manner consistent with the Community Goals.
(2) 'Community' means the local jurisdiction
				(county or municipality) or group of local jurisdictions (in the case of a
				joint plan) that are preparing a local plan.
(3) 'Comprehensive Plan' means plan meeting
				these Minimum Standards and Procedures. The comprehensive plan must be 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.
(4) 'Comprehensive Planning Process' means
				planning by counties or municipalities in accordance with the Minimum Standards
				and Procedures.
(5) 'Conflict'
				means any conflict, dispute, or inconsistency arising:
· Between or among plans, or components thereof, for any
				  counties or municipalities, as proposed, prepared, proposed to be implemented,
				  or implemented;
· Between or among plans for any regions, as proposed,
				  prepared, proposed to be implemented, or implemented;
· Between or among plans, or components thereof, for any
				  counties or municipalities and plans for the region which include such counties
				  or municipalities, as such plans are proposed, prepared, proposed to be
				  implemented, or implemented;
· 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; or
· 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 developments of regional impact, as defined by the
				  Department.
(6) 'Core
				Elements' means the Community Goals, Needs and Opportunities, Broadband
				Element, and Community Work Program. These are the primary elements that must
				be included, at a minimum, in each community's Comprehensive Plan.
(7) 'County' means any county of this
				state.
(8) 'Days' means calendar
				days, unless otherwise specified.
(9) 'Density' means an objective measurement
				of the number of people or residential units allowed per unit of land, such as
				dwelling units per acre.
(10)
				'Department' means the Department of Community Affairs established under
				O.C.G.A. 50-8-1.
(11) '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.
(12) 'Infrastructure'
				means those man-made structures which serve the common needs of the population,
				such as: sewage disposal systems; potable water systems; potable water wells
				serving a system; solid waste disposal sites or retention areas; stormwater
				systems; utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls;
				bulwarks; revetments; causeways; marinas; navigation channels; bridges; and
				roadways.
(13) 'Local Government'
				means any county, municipality, or other political subdivision of the
				state.
(14) 'Metropolitan Planning
				Organization' means the federally designated agencies created in urban areas
				containing more than 50,000 people that are charged with conducting
				comprehensive, coordinated planning processes to determine the transportation
				needs of their respective constituencies, and prioritizing and programming
				projects (including bicycle and pedestrian projects) for federal
				funding.
(15) 'Minimum Standards
				and Procedures' means the Minimum Standards and Procedures, including the
				minimum elements which shall be addressed and included, for preparation of
				comprehensive plans, for implementation of comprehensive plans, for updates of
				comprehensive plans including update schedules, and for participation in the
				coordinated and comprehensive planning process.
(16) 'Mediation' means the process to be
				employed by the Department and Regional Commissions for resolving conflicts
				which may arise from time to time in the comprehensive planning process.
				Procedures and guidelines to govern mediation are as established by the
				Department pursuant to O.C.G.A.
				50-8-7.1(d).
(17) 'Municipality' means any municipal
				corporation of the state and any consolidated government of the
				state.
(18) 'Plan' means the
				comprehensive plan for any county or municipality.
(19) 'Plan amendment' means a change to the
				adopted plan that occurs between plan updates. Amendments of the adopted plan
				are appropriate when the conditions, policies, etc., on which the plan is
				based, have significantly changed so as to materially detract from the
				usefulness of the plan as a guide to local decision making, or when required by
				the Department as a result of changes to the Minimum Standards and
				Procedures.
(20) 'Plan update'
				means a more or less complete re-write of the plan, which shall occur
				approximately every five years, in accordance with the recertification schedule
				maintained by the Department.
(21)
				'Planning' means the process of determining actions which state agencies,
				Regional Commissions, and local governments propose to take.
(22) 'Qualified Local Government' means a
				county or municipality that adopts and maintains a comprehensive plan as
				defined in these Minimum Standards and Procedures.
(23) 'Regional Commission' means a Regional
				Commission established under O.C.G.A.
				50-8-32.
(24) 'Regional Plan' means the comprehensive
				plan for a region prepared by the Regional Commission in accordance with the
				standards and procedures established by the Department.
(25) '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.
(26) 'Service Delivery
				Strategy' means the intergovernmental arrangement among municipal governments,
				the county government, and other affected entities within the same county for
				delivery of community services, developed in accordance with the Service
				Delivery Strategy law. To ensure consistency between the plan and the agreed
				upon strategy:
(1) the services to be
				provided by the local government, as identified in the plan, cannot exceed
				those identified in the agreed upon strategy and
(2) the service areas identified for
				individual services that will be provided by the local government must be
				consistent between the plan and Strategy. As provided in Code Section
				36-70-28(b)(1),
				Service Delivery Strategies must be reviewed, and revised if necessary, in
				conjunction with county comprehensive plan updates.