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-.06 - Minimum Procedural Standards

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
				coordinated and comprehensive planning process. The following procedures are to
				be used in the preparation, submittal, review, adoption, update, and amendment
				of local government comprehensive plans.
(2)
Variances:
In instances
				where a local government has existing or proposed planning or procedural
				practices that differ from (yet meet the intent of) the minimum local planning
				standards or minimum procedural Standards outlined at
				110-3-2-.04 and
				110-3-2-.06, the department may
				grant the requesting local government a variance from these requirements in
				order to recognize special or unique local conditions. The department may
				attach conditions to variances, such as requiring the local government to bring
				its plan into compliance with these minimum standards within a specified time
				period. Unless identified as part of any conditions the department may attach
				to a variance at the time it is granted, a variance continues in effect only
				until the next required update of the local government's comprehensive plan. To
				obtain a variance, a local government must first make a request to its regional
				development center, providing sufficient documentation to substantiate the need
				for the proposed variance. The regional development center will then make a
				recommendation to the department on whether a variance should be granted. If
				the department finds the request for a variance to be justified, it will grant
				a variance to the requesting local government. Since the planning and
				procedural standards presented herein are minimum in nature, local governments
				are encouraged to exceed these standards, where appropriate. In cases where a
				local governments' planning process clearly exceeds the minimum standards and
				procedures, approval of the department is not required.
(3)
Compliance with Standards:
It is understood that initial compliance with the minimum standards and
				procedures by municipalities and counties will take several years. Therefore, a
				five-year schedule for phasing in local government compliance has been
				developed by the department, with the assistance of regional development
				centers and local governments in the state. This official schedule, called the
				Local Government Recertification Schedule, will be maintained by the department
				and updated at least annually during the phase-in period.
(a) Local governments shall prepare, submit
				for review, and subsequently adopt a comprehensive plan that meets the minimum
				planning standards and procedures on or before the date listed in the Local
				Government Recertification Schedule.
(b) Nothing in this process shall be
				construed as prohibiting a local government from preparing, submitting and
				adopting a comprehensive plan that meets the minimum standards and procedures
				prior to its scheduled recertification date.
(c) Local governments that prepare, submit
				for review and adopt a comprehensive plan that meets the minimum standards and
				procedures on or prior to the date listed in the Local Government
				Recertification Schedule shall be recertified as a "Qualified Local Government"
				by the department. To retain Qualified Local Government certification, a local
				government must remain in compliance with the requirements outlined in these
				minimum standards and procedures.