Ga. Comp. R. & Regs. R. 110-12-7-.02 - DRI Communication Procedures

(1) Request for Action. Whenever a local government is considering action (see 110-12-7-.03(1) on a development project that may meet or exceed the DRI thresholds for that development type, the local government must contact the Regional Commission Review Coordinator to schedule a Pre-Review Meeting. The local government may do so via email, fax, or written letter.

(2) Pre-Review Meeting. Within 5 days of host local government contact, the Regional Commission will schedule a pre-review meeting to be held within 10 days of first contact, unless requested otherwise by the host local government, the applicant, or other affected party. Invitations to the pre-review meeting must be extended to the host local government, the applicant, and all affected parties. The purpose of the pre-review meeting is to explain the DRI review process, discuss project related issues, determine if the project is a candidate for expedited review, per items outlined in section 110-12-7-.02(11)(b), and determine additional information required of the applicant regarding the proposed project. *If it can be determined at this stage that the development proposal does not warrant regional review, the Regional Commission may make that determination and terminate the review process.* Additionally, the host local government may proceed with its development review process during the DRI process steps specified below, provided that it does not take final official action approving a project until the DRI process is completed and it has had adequate time to consider the Regional Commission's DRI report (see section 110-12-7-.03(4) for more details).

(3) DRI Determination. Within 5 days of the Pre-review meeting, the Regional Commission must evaluate whether the project is a DRI. The Regional Commission's determination of whether the project is a DRI shall be made in consultation with the host local government and considering the guidelines provided in section 110-12-7-.05(1). The Regional Commission must then issue notice to the local government, applicant, GRTA (if the local government is located within GRTA's jurisdiction) and the Department using the DRI website, stating whether or not the project has been designated as a DRI. If applicable, the Regional Commission must also provide GRTA with a copy of all information submitted by the local government pertaining to the proposed development. GRTA will then review the project concurrently with the Regional Commission in accordance with GRTA's Principles and Procedures adopted pursuant to O.C.G.A § 50-32-1et seq. If the Regional Commission determines the project is not a DRI, the process is terminated.

(4) Submittal of DRI Information Form and Additional Information. Provided the pre-review meeting does not result in an expedited review, the applicant must provide the host local government with all information necessary to complete the DCA DRI Information Form. When completed, the host local government must electronically submit the DRI Information Form to the Regional Commission, GRTA (if the local government is located within GRTA's jurisdiction), and the Department using the DCA DRI website. The applicant must also gather all additional information identified at the pre-review meeting and submit this information to the Regional Commission and to GRTA (if the local government is located within GRTA's jurisdiction) in order to ensure that the impacts of the proposed project can be identified. The applicant has 90 days from the date of the pre-review meeting to submit all additional information or the DRI will be considered withdrawn by the Regional Commission.

(5) Notice to Affected Parties and Comment Period. Within 5 days of receiving all additional requested information, the Regional Commission will provide a DRI information packet for review and comment to all affected parties. This packet shall include a project summary, a copy of the DRI Information Form, and any additional information the Regional Commission may have obtained regarding the project. The DRI information packet will also include a notice stating, at a minimum, the following:

* The beginning and end dates of a 15-day period during which the Regional Commission will accept comments for inclusion in the DRI report to be delivered to the host jurisdiction;

* The manner in which affected parties should submit comments; and,

* A list of all of the jurisdictions and affected parties receiving the notice.

(6) DRI Report. Within 5 days of the conclusion of the 15-day comment period, unless an extension is granted, the Regional Commission must assemble a DRI report containing the following components. The materials presented in the DRI report are purely advisory and under no circumstances should be considered as binding or infringing upon the host jurisdiction's right to determine for itself the appropriateness of development within its boundaries.

(a) Comments from Affected Parties. The Regional Commission must include all of the comments received from affected parties in the DRI report.

(b) Regional Commission Comments. The report must also include the Regional Commission's assessment of any likely interjurisdictional impacts resulting from the proposed development and how the project relates to the policies, programs, and projects articulated in the Regional Plan and Regional Resource Plan.

(c) Evaluation and Recommendations. If applicable, the DRI report shall also include the products of any evaluation and analysis which may have been completed by the Regional Commission pursuant to section 110-12-7-.02(11)(a). The Regional Commission may, depending on its assessment of the local government's need for advice and assistance, include recommendations or offer technical assistance to the local government for addressing impacts of the proposed development. Furthermore, the Regional Commission may provide in-depth recommendations or offer technical assistance to other affected parties relative to mitigating potential impacts of the proposed project.

(d) Finding. Based on its assessment of the project and any comments received from affected parties, the Regional Commission must issue one of the following public findings:

1. Negative Finding. If the Regional Commission determines that adverse impact and conflicts are likely to result from the proposed project, the Regional Commission may issue a finding that "the proposed local government action is not in the best interest of the Region and therefore not of the State" through any of the three processes identified at 110-12-7-.04(4). This finding is advisory only, and indicates that adverse impacts or conflicts remain unresolved. For a negative finding, the Regional Commission must: provide a copy of this finding to the local government and the applicant prior to the 20th day after the Notice to Affected Parties. If the negative finding is not issued by resolution of a quorum of the Regional Commission's Council, the applicant may appeal the negative finding to the Regional Commission's Council at its next meeting. The appeal must be made in writing to the Regional Commission within 5 days of notification of the negative finding. General publication of the negative finding shall be postponed until after the opportunity to appeal has passed or the appeal has been decided by the Regional Commission's Council.

2. Positive Finding. If the Regional Commission determines that no adverse impacts or conflicts exist, the Regional Commission's Executive Director may issue a finding that "The proposed action is in the best interest of the Region and therefore of the State." This finding is advisory only, and indicates that there are no likely adverse impacts or conflicts or that these have been resolved. A positive finding must be made public no later than 20 days after the Notice to Affected Parties as identified in section 110-12-7-.02(5).

(7) Notification Requirements. The DRI report must be transmitted to the local government, the applicant, the Department and all affected parties not more than 20 days the Notice to Affected Parties (unless process extensions are taken as provided for in section 110-12-7-.02(11)(d). Transmittal of the DRI report officially completes the DRI process.

(8) Local Government Action. After the DRI process is completed, the submitting local government may proceed with whatever final official action(s) it deems appropriate regarding the proposed project, but it is encouraged to take the materials presented in the DRI report into consideration when rendering its decision.

(9) Withdrawal of DRI. If, at any time during the DRI process, an applicant desires to withdraw a DRI project from the process, the local government must inform the Regional Commission in writing of the request. The Regional Commission must provide notice of this withdrawal to all affected parties.

(10) Alternative Dispute Resolution. Alternative dispute resolution of conflicts relating to the Developments of Regional Impact may be initiated in accordance with the Rules for Alternative Dispute Resolution (DCA Rules 110-12-5) adopted by the Board of Community Affairs.

(11) Optional Activities.

(a) Evaluation and Recommendations. Upon request by the host jurisdiction, the Regional Commission may evaluate the development project for potential positive and negative outcomes. The Commission may provide recommendations intended to maximize the potential positive effects and economic benefits, minimize the project's local impacts and impacts upon neighboring jurisdictions, or otherwise further quality growth principles and/or the goals of the regional plan. The extent of this evaluation and recommendations shall be whatever the Regional Commission deems appropriate, but in no circumstance shall it delay the completion of the DRI process. The Regional Commission, in attempting to facilitate this optional activity, shall not compel the host government or applicant to provide information regarding the project beyond that routinely collected in the course of the DRI process.

(b) Expedited Review. The Regional Commission may choose to complete the DRI review process early under the following circumstances. However, the Regional Commission must not issue its finding before the Notice to Affected Parties and Comment Period.

1. Livable Centers Initiative (LCI). A development MAY be eligible for expedited review if it meets at least one of the following:

* The development is located within an LCI community and the project is "consistent" with the LCI plan; and

* LCI community in "good standing;" and

* Local government has adopted LCI and incorporated into comprehensive plan; and

* ARC and local government staff agree on consistency; or

2. Transit Oriented Development. A development MAY be eligible for expedited review if it is located within 1/4 mile of an existing rail transit station or stop, and:

* Consistent with local government TOD zoning; and,

* Consistent with Regional Plan, UGPM, Regional Development Guide, local TOD guidelines or MARTA TOD Guidelines; and,

* Parking is limited to no more than minimum required by local government; or,

3. Limited Trip Generation. A development MAY be eligible for expedited review if the land uses within the proposed DRI are such that no more than one thousand (1,000) gross daily trips will be generated by the DRI.

(c) Consultations. If, at any point during the DRI Communications Procedures covered in this chapter, it appears to the Regional Commission that the outcomes of the process would be improved by more direct communication, the Regional Commission may at its own discretion bring the local government, the applicant, and the affected parties together to discuss the development proposal, the DRI process, any comments received, or results of any evaluation conducted by the Regional Commission.

(d) Process Extensions. The Regional Commission's Executive Director may approve up to three 30-day extensions of the DRI process to permit negotiations, conflict resolution, or similar activities related to the project. An extension may be approved only upon receiving written request, submitted at any time during the DRI process, from two or more of the following parties:

(1) the applicant;

(2) the host local government; or

(3) any affected party. Each additional 30-day extension must be requested and approved by the Regional Commission's Executive Director separately, and notice given to the local government, the applicant, and all affected parties.

(e) Appeals. In case of disagreement regarding the administration of DRI process, any of the following parties may submit a written request that the Department review how the DRI process was conducted:

(1) the applicant,

(2) the host local government,

(3) the Regional Commission, or

(4) any affected party. The Department will only act on appeals requested by at least two of these parties. The request for Department review may be submitted at any time during the DRI process, but no later than 5 days after the Regional Commission transmits the DRI Report. For duly submitted requests, the Board of Community Affairs may evaluate the situation and provide recommendations to resolve any procedural discrepancies that are identified.

Notes

Ga. Comp. R. & Regs. R. 110-12-7-.02

50-8-7.1(b).

Original Rule entitled "DRI Communication Procedures" adopted. F. Feb. 7, 2013; eff. Feb. 27, 2013.