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.
(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.
