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-.03 - Comprehensive Planning Requirements

Current through Rules and Regulations filed through June 27, 2024
(1)
Purpose:
Linking the
				implementation of a local development impact fee ordinance to the comprehensive
				planning process ensures that projected needs for system improvements are
				consistent with the needs and goals identified in the various other elements of
				the comprehensive plan. In addition, the identification of projected capital
				facilities needs based on levels of service established in the comprehensive
				plan provides a sound foundation for the calculation of impact fees.
(2)
Application:
The
				comprehensive planning requirements for compliance with the Georgia Development
				Impact Fee Act shall consist of:
(1)
				development of a Capital Improvements Element (CIE);
(2) a policy statement in support of certain
				exemptions, as determined by the local government;
(3) annual update of the CIE; and
(4) amendment of the CIE as necessary.
(a)
Capital Improvements
				Element:
The Capital Improvements Element shall include, but not be
				limited to, the following items:
1.
Projection of Needs:
A projection of needs for system improvements
				during a planning horizon established in the comprehensive plan. To ensure
				consistency, the time frame used for projecting infrastructure needs shall
				coincide with the planning horizon used for the remainder of the comprehensive
				plan.
2.
Schedule of
				Improvements:
A schedule of capital improvements intended to meet the
				projected needs for system improvements identified in the comprehensive plan.
				At a minimum, improvements shall be scheduled over a five-year period,
				coinciding with the initial Short Term Work Program developed in the
				comprehensive plan. Thereafter, local governments shall annually update and
				maintain, at a minimum, a five-year schedule of system improvements within the
				Capital Improvements Element of their comprehensive plans.
3.
Description of Funding
				Sources:
A description of anticipated funding sources for each required
				improvement.
4.
Designation
				of Service Areas and Levels of Service:
The designation of one or more
				service areas within the community and the assignment of levels of service for
				public facilities within each service area. Once assigned to each service area,
				levels of service shall be used as the basis for calculating impact
				fees.
(b)
Policy
				Statement for Exemptions:
Local governments wishing to exempt all or
				portions of particular development projects from impact fees for the purposes
				of encouraging economic development and employment growth or affordable housing
				must include in the comprehensive plan a policy statement supporting such
				exemptions and must fund system improvements supporting such projects through
				revenue sources other than development impact fees.
(c)
Annual Update of the CIE:
Local governments which include CIEs in their comprehensive plans must update
				their entire Short Term Work Programs annually as specified at
				110-12-1-.04(7)(a),
				Minimum Standards and Procedures for Local Comprehensive Planning, and CIE
				Updates must be submitted for review concurrently with these Short Term Work
				Program updates in accordance with the procedures outlined at
				110-12-2-.04(9).
				CIE updates must include:
1) the Annual
				Report on impact fees required under O.C.G.A.
				36-71-8; and
2) a new fifth year schedule of improvements,
				and any changes to or revisions of previously listed CIE projects, including
				alterations in project costs, proposed changes in funding sources, construction
				schedules, or project scope.
(d)
Amendments to the CIE:
The
				CIE must be amended in accordance with the procedures outlined at
				110-12-2-.04(10)
				whenever it is necessary for a local government to:
1. Redefine growth projections, land use
				assumptions or community goals that would affect system improvements proposed
				in the CIE;
2. Add new impact fee
				service areas or change the boundaries of existing impact fee service
				areas;
3. Change service levels
				established for an existing impact fee service area; or
4. Make any other revisions that might have a
				negative effect or major impact on another jurisdiction or authority.