Ga. Comp. R. & Regs. R. 110-12-6-.06 - Procedures
(1)
Preparation, Transmittal and Review of the Regional Plan. Upon
completion, the Regional Commission must submit its Regional Plan to the
Department for review. The Regional Plan must be adopted prior to the deadline
specified in the Schedule for Regional Planning maintained by the Department.
(a)
First Regional Hearing. A
first public hearing must be held at the inception of the regional planning
process. This hearing may be held as part of a regularly scheduled Council
meeting. The purpose of this hearing is to brief the regional stakeholders on
the process to be used to develop the plan, opportunities for participation in
development of the plan, and to obtain input on the proposed planning process.
Once stakeholder comments have been addressed, the Regional Commission may
begin the process of developing the plan.
(b)
Developing the Plan - Stakeholder
Involvement. Each element of the plan must be prepared with considerable
opportunity for involvement and input from stakeholders, regional leadership,
and the general public, following the process specified in section
110-12-6-.03(5)(c).
This will help ensure that the plan reflects the full range of regional needs
and values and that the plan will be implemented, because citizens and
leadership that are involved in plan development are likely to become committed
to seeing it through.
(c)
Second Public Hearing. A second public hearing must be held once
the plan has been drafted and made available for public review. This hearing
may be held as part of a regularly scheduled Council meeting. The purpose of
this hearing is to brief the region on the contents of the plan, provide an
opportunity for stakeholders to make final suggestions, additions or revisions,
and notify the region of when the plan will be submitted to the Department for
review. Once public comments have been addressed, the plan must be transmitted
to the Department with a cover letter signed by the Regional Commission
executive director or Regional Commission council chairman and in accordance
with section 110-12-06-.02(2).
(d)
Completeness Check. The Department shall determine whether the
Regional Plan is complete, within 7 days of its receipt. A Regional Plan that
does not meet the standard for completeness (as determined by the Department)
shall be deemed incomplete and shall not be accepted for further review by the
Department. The Department shall notify the Regional Commission of its findings
regarding the completeness of the submittal and identify items that must be
submitted, if any, prior to further processing.
(e)
Notification of Interested
Parties. Once the Department has determined that the Regional Plan is
complete, it shall immediately notify any interested parties of the
availability of the Regional Plan for review and comment, providing the name of
the Regional Commission, the general nature of the Regional Plan, and a
deadline by which comments must be received. At a minimum, interested parties
shall include:
* Local governments located inside the region, any local governments located outside but contiguous to the region, and any other local governments that are likely to be affected by the Regional Plan;
* Any local authorities, special districts, or other entities identified in evaluating intergovernmental coordination mechanisms and processes (if applicable);
* Regional Commissions that are contiguous to the region or that are likely to be affected by the Regional Plan; and
* Affected state agencies, including the Department of Transportation, the Georgia Environmental Facilities Authority, etc.
(f)
Review of the Regional
Plan. The Department shall review the Regional Plan for its adequacy at
addressing the required components and developing an effective implementation
program for achieving the Regional Vision and address identified issues and
opportunities. The Department may also offer advisory comments for improving
the Regional Plan for consideration by the Regional Commission.
(g)
Final Report of Findings and
Recommendations. Within 45 days after certification of the completeness
of the Regional Plan, the Department must transmit a report of its findings and
recommendations to the Regional Commission. The report must include:
* Comments submitted by interested parties that reviewed the Regional Plan;
* The Department's findings and recommendations resulting from its review of the Regional Plan.
(h)
Regional Plan Revisions. If
the Report of Findings and Recommendations indicates that the plan is not yet
in compliance with the Minimum Standards and Procedures, the Regional
Commission must address any requested changes by revising the plan and
resubmitting it to the Department for review. Once the plan is resubmitted for
review, the Department will complete its review as soon as possible. The
process of revision and review can be repeated until the plan is found to be in
compliance with the Minimum Standards and Procedures.
(i)
Alternative Dispute Resolution.
Alternative dispute resolution of conflicts relating to the Regional
Plan may be initiated in accordance with the Rules for Alternative Dispute
Resolution adopted by the Board of Community Affairs.
(j)
Adoption of the Regional
Plan. Once the Regional Plan has been found by the Department to be in
compliance with the planning requirements, the Council may adopt the Regional
Plan with or without any recommendations for improvement included in the
Department's report of findings and recommendations. In order to maintain
eligibility for state funding, the Regional Commission must adopt the Regional
Plan prior to the deadline specified in the Schedule for Regional Planning
maintained by the Department.
(k)
Notification of Adoption. Within 7 days of adoption of a Regional
Plan, the Regional Commission shall notify the Department that these documents
have been adopted by the Council.
(l)
Certification. Once the
Department has been notified by the Regional Commission of adoption of a
Regional Plan, the Department may issue a letter certifying this Regional
Commission as eligible for state funding. This certification shall
automatically expire approximately five years thereafter, unless otherwise
specified. To retain this certification, a Regional Commission must remain in
compliance with the requirements outlined in these planning
requirements.
(m)
Promulgating the Regional Plan. Once adopted, the Regional Plan
must be promulgated within the region by the Regional Commission as follows:
1. Consult with all local governments in the
region to explain the contents of the Regional Plan and to encourage each
government to:
* Coordinate identification of local character areas or future land use designations in local comprehensive plans with the Regional Development and Areas Requiring Special Attention Maps for the region. Generally each of the local character or future land use areas should fit into the larger regional maps by being consistent in terms of allowed land uses and implementation measures to be applied to achieve desired development patterns.
* Coordinate decisions about investments in new or upgraded public facilities with the Regional Policies.
* Follow the Performance Standards in developing and implementing their local comprehensive plan. This includes fitting local character or future land use areas into the larger regional development patterns context and adopting implementation measures (such as new or revised local development regulations, incentives, public investments, and infrastructure improvements) to achieve the desired development patterns for the region.
2. Consult with
any other important regional stakeholders (such as developers, chambers of
commerce, environmental protection groups) to explain the contents of the
Regional Plan and to encourage them to coordinate their activities to achieve
the desired development patterns for the region.
3. Consult with staff of the Department of
Transportation, Department of Natural Resources, Georgia Environmental
Facilities Authority and other appropriate state agencies to encourage them to
coordinate their activities with the Regional Plan.
(2)
Maintaining the Regional
Plan. Regional Commissions are responsible for maintaining their
regional plans to accurately reflect current regional conditions and the
region's vision and priorities for the future. Maintenance of the plan includes
plan amendments and regular updates of the plan.
(a)
Required Updates to the Regional
Plan. At a minimum, a plan update must be completed every five years and
in accordance with the Schedule for Regional Planning maintained by the
Department. However, earlier than five years, regional leaders may determine
that the regional plan needs to be updated, based upon the degree of change in
the region. If only minor changes have taken place, then revisions to the plan
may be sufficient, in the form of plan amendments. If significant changes have
occurred in regional conditions (i.e., if the data upon which the plan is based
has become significantly outdated, or the region's vision has changed), an
update of the regional plan may be needed. The five-year update of the regional
plan shall include all elements as described in the original plan development
at section
110-12-6-.03 and shall include the
Annual Report as described at section
110-12-6-.06(2)
(c-d).
(b)
Plan
Amendments. The Regional Commission must amend the adopted plan when the
Regional Commission identifies changes needed to ensure the plan is
accomplishing the desired results, or when required by the Department to do so
as a result of changes to the planning requirements.
(c)
Required Annual Report on the
Implementation Program. At a minimum, the Regional Commission must
prepare, submit to the Department, and adopt a Department approved report to
the Implementation Program portion of the Regional Plan. Each annual report
shall be submitted in accordance with the deadline specified in the Schedule
for Regional Planning maintained by the Department. Each annual report must
include the following:
1.
Report of
Accomplishments. Using the regional work program table, add a column and
indicate the accomplishments that the Regional Commission achieved in relation
to the specific actions included in the regional work program.
2.
Local Government Performance
Standards Update. Report on the status of each local government that has
not achieved the minimum performance standards (see section 110-12-06-.03(4)(a)
and list the specific action steps taken to assist the local
government.
3.
Regional Work
Program [optional]. Submit a revised regional work program if any
changes are deemed necessary to ensure the effective implementation of the
regional plan.
(d)
Submittal and Review Procedures for Plan Amendments and Annual Reports.
All required five-year updates to the plan and plan amendments must be
submitted to the Department for review and shall follow the submittal, review,
and adoption procedures outlined in section
110-12-6-.06(1).
All annual reports must be submitted to the Department for review and shall
follow the submittal, review, and adoption procedures beginning in section
110-12-6-.06(1)(c).
Notes
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