(1)
Purpose: These interim planning standards are intended to allow local governments that are served by water authorities, sewer authorities and/or water and sewer authorities (hereinafter referred to as "Authority"), and that have not reached their recertification date on the schedule for local government planning established by the department, to adopt a Local Government Interim Plan for Development Impact fee Compliance (hereinafter referred to as an "Interim Plan"). The purpose of the Interim Plan is to identify the needs and goals of such local governments and provide short-term direction to Authorities in developing water and sewer system improvements. The Interim Plan is also intended to allow Authorities to continue collecting hook-up or connection fees for system improvements until their local governments are due to complete their plans in accordance with Rule 110-3-2-.04 of the Minimum Standards and Procedures.
(2)
Application: Local governments that are served by may satisfy the planning requirements specified in the Georgia Development Impact Fee Act (DIFA), and specifically O.C.G.A. 36-71-3(a) and O.C.G.A. 36-71-12(c) thereof, by preparing and adopting an Interim Plan, which shall contain, at a minimum, the planning elements and items listed herein and a complete Capital Improvements Element (CIE) for water and/or wastewater treatment in accordance with Rule 110-3-2-.07 of these rules. Such Interim Plan shall satisfy the planning requirements for water and/or wastewater treatment only, and shall not be deemed to satisfy the planning requirements necessary to impose impact fees for the other categories of capital improvements listed in O.C.G.A. 36-71-2.
(a) Once adopted along with an approved CIE, an Interim Plan that meets these standards shall be deemed to meet the planning requirements established in DIFA and allow the collection by an of impact, connection or hook-up fees until the local governments recertification date on the schedule for local government planning. The Interim Plan and CIE shall expire on the local government's recertification date or any time before this date that a local plan prepared in accordance with Rule 110-3-2-.04 is adopted. In any event, all local governments participating in an Interim Plan shall be required to meet the Minimum Standards and Procedures in accordance with Rules 110-3-2-.04 and 110-3-2-.06 by their recertification date established by the department in order to remain eligible to impose impact fees under O.C.G.A. 36-71-1.
(3)
Definitions: For the purposes of this section, the following terms and definitions shall have the meaning as contained herein unless the context does not permit such meaning:
(a) 'Authority' means any water authority, sewer authority or water and sewer that is not exempted from the requirements of DIFA under O.C.G.A. 36-71-13(d).
(b) 'Service Distribution Area' means an area in which an has the capacity to provide water or wastewater treatment service to development and in which such services are available upon demand through the payment of a hook-up or connection fee subject to any regulations that might be imposed by local governments.
(4)
Interim Planning Requirements: Interim Plans must include the following planning elements:
(a) Population Element;
1. Current total population for each jurisdiction included in the Interim Plan; and
2. Projected total population for each jurisdiction at five and ten years beyond the year of plan preparation.
(b) Economic Development Element:
1. Employment forecasts by place of work at five and ten years beyond the year of plan preparation (county level forecasts may be used); and
2. Consideration of any special economic sectors (existing or anticipated) within the Authority's current or proposed service distribution area that might be expected to place intensive demands on water supply and/or require specialized wastewater treatment.
(c) Natural and Historic Resources:
1. A map indicating any environmentally sensitive areas within the Authority's current and proposed future service distribution areas, including, at a minimum, groundwater recharge areas, flood plains, water supply watersheds, sensitive plant and animal habitats, and areas with soil and/or slopes unsuitable for septic tanks; and
2. An evaluation of the immediate and potential long-term effects of the water and wastewater system improvements on the resources identified in (c)1. and on any known significant historic resources.
(d) Community Facilities Element:
1. A map of the existing service distribution area of the and an assessment of the adequacy of water and/or wastewater treatment facilities. The map should indicate the location for public reservoirs, water storage facilities, filtration and wastewater treatment plants, water intake and release points, and limitations on water withdrawal or release;
2. The total water supply and/or wastewater treatment capacity and the amount of this total capacity that is currently being used; and
3. A map indicating the proposed service distribution area of the at five years from the year of plan preparation (if different than the collective impact fee service areas established in the CIE).
(e) Housing Element:
1. Estimated number of housing units for each jurisdiction served by the at five years beyond the year of plan preparation;
2. A description of any problems related to areas of existing housing that are under-served by water and/or wastewater treatment; and
3. An indication of where proposed water and sewer services will be in place to support the development of multi-family or institutional housing.
(f) Land Use Element:
1. An assessment of existing land use patterns as they relate to the provision of infrastructure and a description of pertinent issues such as areas where rapid development threatens to outpace infrastructure capacity and areas undergoing shifts in predominant land use; and
2. Any existing or future land use maps or zoning maps that have been adopted by local governments included in the Interim Plan, and a general description of any changes to these documents anticipated by the local government(s) during the first five years after plan preparation.
(g) Needs and Goals:
1. Local governments should assess their needs and include any community goals they may have for the planning elements listed above.
2. If a local government wishes to allow exemptions from impact fees for affordable housing or projects offering extraordinary economic benefits to the community as allowed by DIFA, policies regarding these exemptions must be included in the Interim Plan or in the CIE.
(5)
Procedural Requirements: Interim Plans shall be subject to the procedural requirements outlined below:
(a)
Public Participation: All local governments participating in the Interim Plan must hold one public hearing prior to the submittal of their draft Interim Plan and CIE to the department for review.
(b)
Plan Submittal: No Interim Plan shall be submitted without a CIE. Each local government that intends to adopt an Interim Plan must take official action, by resolution, authorizing the transmittal of the interim plan to the department for review. The transmittal may be made at the public hearing required in (a), above, or within seven days thereafter.
(c)
Review by the Department: The department shall review the Interim Plan for compliance with the planning requirements outlined at (4), above. Within 30 days after submittal of the Interim Plan for review, the department shall, in writing:
1. Notify the local government that the Interim Plan meets the planning requirements outlined above; or
2. Notify the local government that the Interim Plan does not meet the planning requirements outlined above and identify any deficiencies that need to be reconciled in order for the Interim Plan to meet the requirements.
(d)
Opportunity for Regional Development Center Comment: Upon submittal of the draft Interim Plan to the department for review, a copy of the transmittal notice, the draft plan and the CIE must also be forwarded to the appropriate regional development center. The regional development center has ten days from receipt of the Interim Plan to submit written comments for consideration in the review process.
(e) Local Government Action:
1. Upon notification from the department that the Interim Plan meets the planning requirements outlined above, the local government may adopt the Interim Plan.
2. If the department finds that the Interim Plan does not meet the planning requirements, the local government may either:
(i) Revise the draft as recommended by the department and resubmit the Interim Plan for review; or
(ii) Adopt the plan as originally submitted. However, unless an Interim Plan is found by the department to be in compliance with the planning requirements outlined above, the submitting local government will not be eligible to impose, nor an within that jurisdiction to collect, impact fees.
3. Within seven days of adoption of the Interim Plan, the governing body of the submitting local government shall notify the department that the Interim Plan has been adopted. The submitting local government shall, at this time, also forward a copy of the approved Interim Plan and CIE to the appropriate regional development center and the Authority, along with notice that the Interim Plan has been found by the department to be in compliance with the Interim Local Government Planning Standards.
(f)
Department Action: Upon receiving notice that the submitting local government has adopted an approved Interim Plan and CIE, the department will issue a letter certifying that the local government has met the Interim Local Government Planning Standards and the CIE requirements outlined in Rule 110-3-2-.07.
(g)
Interim Plan Amendments: Amendments to Interim Plans shall follow the procedures for local plan amendments outlined in Rule 110-3-2-.06, Minimum Procedural Standards.
O.C.G.A. Sec. 50-8-1et seq.
