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 September 23, 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:
(27) 'Supplemental Planning Recommendations' means the supplemental recommendations provided by the Department to assist communities in preparing plans and addressing the Minimum Standards and Procedures. The plan preparers and the community are encouraged to review these recommended best practices where referenced in the Minimum Standards and Procedures and choose those that have applicability or helpfulness to the community and its planning process.
(28) 'Update Schedule' means: the schedule or schedules for updating comprehensive plans on an annual or five-year basis as provided for in paragraph (2)(b) of Section 110-12-1-.04 of these Rules. The term "Update Schedule" also means an additional schedule for the review of Service Delivery Strategy agreements by counties and affected municipalities on a ten-year basis in conjunction with comprehensive plan updates.
O.C.G.A. § 50-8-7.1(b).
