DCA Rules Local Comprehensive Planning 110-12-1

RULES

GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS

CHAPTER 110-12-1

MINIMUM STANDARDS AND PROCEDURES

FOR LOCAL COMPREHENSIVE PLANNING

TABLE OF CONTENTS

110-12-1-.01 Purpose

110-12-1-.02 Requirements

110-12-1-.03 Plan Elements

110-12-1-.04 Procedures

110-12-1-.05 Definitions

CHAPTER 110-12-1-.01

PURPOSE

110-12-1-.01 Purpose. These rules become effective March 1, 2014. The purpose of the

Minimum Standards and Procedures is to provide a framework for the development,

management and implementation of local comprehensive plans at the local, regional and state

government level. They reflect an important state interest: healthy and economically vibrant

cities and counties are vital to the state’s economic prosperity.

Statewide benefits of comprehensive planning

City and county comprehensive planning should be conducted in the context of Georgia’s strong

and vibrant intergovernmental system that clearly recognizes the important role cities and

counties play in fostering the state’s image as an attractive place to invest, conduct businesses

and raise a family. City and county comprehensive planning enhances coordination at many

levels.

Local benefits of comprehensive planning

The highest and best use of comprehensive planning for local governments is to show important

relationships between community issues. A local comprehensive plan is a fact-based resource

for local constituents that tracks implementation of community-based policies. Furthermore,

local comprehensive planning creates an environment of predictability for business and industry,

investors, property owners, tax payers and the general public. In addition, the plan helps local

governments to recognize and then implement important economic development and

revitalization initiatives. For these reasons, the state finds that well-planned communities are

better prepared to attract new growth in a highly competitive global market.

In short, local planning should recognize that:

 Assets can be accentuated and improved;

 Liabilities can be mitigated and changed over time; and

 Potential can be sought after and developed.

These minimum standards and procedures for city and county comprehensive planning reflect

the principles of partnership and the unique needs, conditions and aspirations of each city and

county.

Statutory Authority, O.C.G.A. 50-8-7.1(b)

CHAPTER 110-12-1-.02

REQUIREMENTS

110-12-1-.02 Requirements. O.C.G.A. 50-8-1 et seq gives the Department authority to

establish standards and procedures for comprehensive planning by all local governments in

Georgia. Those standards and procedures, embodied herein, emphasize preparation of plans that

help each local government address its immediate needs and opportunities while moving toward

realization of its long-term goals for the future. In order to maintain qualified local government

certification, and thereby remain eligible for selected state funding and permitting programs,

each local government must prepare, adopt, maintain, and implement a comprehensive plan as

specified in these standards.

(1) Required and Optional Plan Elements. Each community’s comprehensive plan must

include the required plan elements specified in the “Required for” column below. Each

community is encouraged to go beyond these minimum required elements and supplement its

comprehensive plan with other plan elements (refer to the list of optional plan elements in the

Supplemental Planning Recommendations for suggestions) to make the overall plan a good fit

for the community.

Plan

Element

Required

for

Recommended

for

Specifics

Community

Goals

All local

governments

110-12-1-.03

(1)

Needs and

Opportunities

All local

governments

110-12-1-.03

(2)

Community

Work Program

All local

governments

110-12-1-.03

(3)

Capital

Improvements

Element

Governments that

charge impact fees

110-12-1-.03

(4)

Economic

Development

Element

Communities

included in Georgia

Job Tax Credit Tier 1

Communities seeking improved economic

opportunities for their citizens

110-12-1-.03

(5)

Land Use

Element

Communities with

zoning or equivalent

land development

regulations that are

subject to the Zoning

Procedures Law

Communities that:

 Are considering new land development

regulations

 Include Target Areas in their

comprehensive plan

 Wish to improve aesthetics of specific

areas or protect the character of specific

parts of their community

110-12-1-.03

(6)

Transportation

Element

Portions of a local

government’s

jurisdiction that are

included in a

Metropolitan

Planning

Organization

Communities:

 With automobile congestion problems

in selected areas

 Interested in adding alternative

transportation facilities for bicyclists,

pedestrians, public transportation users

110-12-1-.03

(7)

 That may have too much or too little

parking in specific areas

Housing

Element

HUD CDBG

Entitlement

Communities

required to have a

Consolidated Plan

Communities with:

 Concentrations of low-quality or

dilapidated housing

 Relatively high housing costs compared

to individual/family incomes

 A jobs-housing imbalance

110-12-1-.03

(8)

(2) Community Involvement. Each element of the comprehensive plan must be prepared with

opportunity for involvement and input from stakeholders and the general public, in order to

ensure that the plan reflects the full range of community needs and values. The three steps for

involving stakeholders and the general public in developing the comprehensive plan are listed

below.

(a) Identification of Stakeholders. Compile a list of stakeholders who need to have a voice

in the development of the plan. Refer to the list of suggested stakeholders provided in the

Supplemental Planning Recommendations for suggestions. Members of the governing

authority must be included among the selected stakeholders and be actively involved in plan

preparation, such as serving on the steering committee that guides development of the plan.

This will help ensure that the plan will be implemented, because leadership that is involved

in plan development is likely to become committed to seeing it through.

(b) Identification of Participation Techniques. Review each of the recommended

community participation techniques identified in the Supplemental Planning

Recommendations to select those to be used locally for involving the selected stakeholders in

the process of developing the plan. At minimum, your community must form a steering

committee to oversee and participate in development of the plan that includes some of the

stakeholders identified in section (a) above, members of the governing authority, local

economic development practitioners, and local government staff.

above to participate in the activities and events identified in section (b). Use these

participation events to solicit specific input on the content of the plan. Hold regular meetings

of the steering committee to provide input and feedback to the plan preparers as the plan is

developed.

(3) Consideration of the Regional Water Plan and the Environmental Planning Criteria.

During the process of preparing its comprehensive plan, each community must review the

Regional Water Plan(s) covering its area and the Rules for Environmental Planning Criteria

(established and administered by the Department of Natural Resources pursuant to O.C.G.A. 12-

2-8) to determine if there is need to adapt local implementation practices or development

regulations to address protection of these important natural resources. The community must

certify that it has considered both the Regional Water Plan and the Rules for Environmental

Planning Criteria when it transmits the plan to the Regional Commission for review.

(4) Review of the Comprehensive Plan. Upon completion, the comprehensive plan must be

transmitted to the Regional Commission for review. Both the Regional Commission and the

Department will review the plan and respond to the local government with findings and

recommendations. Once approved by the Department as being in compliance with the Minimum

Standards and Procedures, the local government may adopt the plan. Specific details for this

review process are covered in section 110-12-1-.04.

(5) Official Listing of Planning Requirements and Deadlines. The Department maintains and

makes available on its website a recertification schedule identifying the deadlines for

comprehensive plan updates, and the specific plan elements that must be included in each update,

for all counties and municipalities in Georgia.

(6) Alternative Planning Requirements. Any Regional Commission may apply to the

Department for approval of alternative planning requirements for a particular community if both

the community’s leadership and Regional Commission agree that an alternative to the planning

standards provided herein is more appropriate for the community. Communities interested in

pursuing alternative planning requirements should consult with their regional commission for

ideas and guidance prior to beginning their local planning process. Specific details about

applying for this exemption are covered in section 110-12-1-.04(3).

(7) Planning Resources and Support

(a) The Department’s Supplemental Planning Recommendations provide ideas and suggested

best practices to assist communities as they prepare their plans and address these Minimum

Standards and Procedures.

(b) The community’s Regional Commission is available to prepare the three core elements of

the comprehensive plan (i.e., the Community Goals, Needs and Opportunities, and

Community Work Program), or an alternative plan of similar or lesser complexity agreed

upon under the alternative planning requirements specified in section (5) above, at no

additional cost for any interested community.

Regional Commission will meet with each community’s leadership regularly to:

 review the plan;

 identify any needed changes or updates;

 discuss the community’s recent plan implementation accomplishments;

 prioritize plan implementation activities for the upcoming year; and

 offer Regional Commission assistance with plan implementation.

Statutory Authority, O.C.G.A. 50-8-7.1(b)

CHAPTER 110-12-1-.03

PLAN ELEMENTS

110-12-1-.03 Plan Elements. This chapter provides guidance for completing each element of

the comprehensive plan. Communities should refer to section 110-12-1-.02(1) of these rules or

the Department’s recertification schedule to determine which plan elements are required for their

jurisdiction. For any of these plan elements, it is certainly acceptable and encouraged to

incorporate a previously prepared plan that addresses the guidance below into the comprehensive

plan in lieu of preparing a new plan element. Each community is also encouraged to add optional

elements to their comprehensive plan to address specific local needs (refer to the list of optional

plan elements in the Supplemental Planning Recommendations for suggestions).

(1) Community Goals. (Required for all local governments, updates at local discretion.) The

purpose of the Community Goals element is to lay out a road map for the community’s future,

developed through a very public process of involving community leaders and stakeholders in

making key decisions about the future of the community. The Community Goals are the most

important part of the plan, for they identify the community’s direction for the future, and are

intended to generate local pride and enthusiasm about the future of the community, thereby

leading citizens and leadership to act to ensure that the plan is implemented. The result must be

an easy-to-use document readily referenced by community leaders as they work toward

achieving this desired future of the community. Regular update of the Community Goals is not

required, although communities are encouraged to amend the goals whenever appropriate.

The Community Goals must include at least one or a combination of any of the four components

listed below:

(a) General Vision Statement. Include a general statement that paints a picture of what the

community desires to become, providing a complete description of the development patterns

to be encouraged within the jurisdiction.

(b) List of Community Goals. Include a listing of the goals the community seeks to

achieve. Review the suggested community goals in the Supplemental Planning

Recommendations for suggestions.

encouraged to locate on infill sites closer to town, whenever possible.”) the local government

selects to provide ongoing guidance and direction to local government officials for making

decisions consistent with achieving the Community Goals. Refer to suggested policies listed

in the Supplemental Planning Recommendations for suggestions.

(d) Character Areas and Defining Narrative. This option lays out more specific goals for

the future of the community by community sub-areas, districts, or neighborhoods, and may

be prepared using the guidance provided for the Land Use Element at 110-12-1-.03(6)(a).

(2) Needs and Opportunities. (Required for all local governments, updates required every five

years.) This is the locally agreed upon list of Needs and Opportunities the community intends to

address. Each of the needs or opportunities that the community identifies as high priority must

be followed-up with corresponding implementation measures in the Community Work Program.

The list must be developed by involving community stakeholders in carrying out a SWOT

(strengths, weaknesses, opportunities, threats) or similar analysis of the community. The

following resources may also be enlisted to help stakeholders identify local Needs and

Opportunities:

(a) Supplemental Planning Recommendations. Review the list of typical needs and

opportunities provided in the Supplemental Planning Recommendations and select those that

are applicable for the community.

(b) Analysis of Data and Information. Check for potential needs and opportunities by

reviewing and evaluating the data and information about your community that is provided on

the Department’s website. When evaluating this data and information, focus on:

 Whether it verifies needs or opportunities identified previously;

 Whether it uncovers new needs or opportunities not previously identified;

 Whether it indicates significant local trends that need to be considered in the planning

process.

In order to ensure a concise and readable comprehensive plan, it is not recommended to

include the data and information provided on the Department’s website in your plan, nor is it

required to include evaluations, data, or maps to substantiate or illustrate the identified needs

or opportunities.

community’s current policies, activities, and development patterns by comparing with the

Department’s Quality Community Objectives and the supporting Best Practices available on

the Department’s website. Use this analysis to identify any community needs and

opportunities for adapting local activities, development patterns and implementation

practices to the Quality Community Objectives.

(3) Community Work Program. (Required for all local governments, updates required every

five years.) This element of the comprehensive plan lays out the specific activities the

community plans to undertake during the next five years to address the priority Needs and

Opportunities, identified Target Areas (if applicable), or to achieve portions of the Community

Goals. This includes any activities, initiatives, programs, ordinances, administrative systems

(such as site plan review, design review, etc.) to be put in place to implement the plan. (Note that

general policy statements should not be included in the Community Work Program, but instead

should be included in the Policies section of the Community Goals.) The Community Work

Program must include the following information for each listed activity:

 Brief description of the activity;

 Legal authorization for the activity, if applicable;

 Timeframe for initiating and completing the activity;

 Responsible party for implementing the activity;

 Estimated cost (if any) of implementing the activity; and

 Funding source(s), if applicable.

(4) Capital Improvements Element. (Required for local governments that charge impact fees,

optional but encouraged for all other local governments. Updates required every year.) For

communities that charge development impact fees, a detailed Capital Improvements Element

prepared to meet the Development Impact Fee Compliance Requirements (DCA Rules 110-12-2)

is required and should be substituted for this plan element.

(5) Economic Development Element. (Required for local governments included in Georgia Job

Tax Credit Tier 1, optional but encouraged for all other local governments. Updates at local

discretion.) Identify needs and opportunities related to economic development and vitality of the

community, and Community Work Program activities for addressing these needs and

opportunities, considering such factors as diversity of the economic base, quality of the local

labor force, effectiveness of local economic development agencies, programs and tools. The

Comprehensive Economic Development Strategy (CEDS) for the region may be substituted for

this element.

(6) Land Use Element. (Required for local governments with zoning or equivalent land

development regulations that are subject to the Zoning Procedures Law, optional but encouraged

for all other local governments. Updates required every five years.) The Land Use Element,

where required, must include at least one of the two components listed below:

(a) Character Areas Map and Defining Narrative. Identify and map the boundaries of

existing or potential character areas (see definition in Chapter 110-12-1-.05) covering the

entire community, including existing community sub-areas, districts, or neighborhoods.

Refer to the list of recommended character areas provided in the Supplemental Planning

Recommendations for suggestions. Note that community improvement districts, tax

allocation districts, Livable Centers Initiative planning areas, designated redevelopment areas

and the like are good candidates for delineation as character areas.

For each identified character area, carefully define a specific vision or plan that includes the

following information:

 Written description and pictures or illustrations that make it clear what types, forms,

styles, and patterns of development are to be encouraged in the area. Refer to

recommended development patterns listed in the Supplemental Planning

Recommendations for suggestions.

 Listing of specific land uses and/or (if appropriate for the jurisdiction) zoning categories

to be allowed in the area.

 Identification of implementation measures to achieve the desired development patterns

for the area, including more detailed sub-area planning, new or revised local development

regulations, incentives, public investments, and infrastructure improvements. Refer to

recommended plan implementation measures listed in the Supplemental Planning

Recommendations for suggestions.

(b) Future Land Use Map and Narrative. Prepare a Future Land Use Map that uses

conventional categories or classifications to depict the location (typically parcel by parcel) of

specific future land uses. If this option is chosen, prepare the Future Land Use Map using

either of the land use classification schemes described below and include a narrative that

explains how to interpret the map and each land use category.

1. Standard Categories. More detailed categories used by communities must be able to

be grouped into one of the following standard categories:

 Residential. The predominant use of land within the residential category is for

single-family and multi-family dwelling units organized into general categories of net

densities.

 Commercial. This category is for land dedicated to non-industrial business uses,

including retail sales, office, service and entertainment facilities, organized into

general categories of intensities. Commercial uses may be located as a single use in

one building or grouped together in a shopping center or office building.

Communities may elect to separate office uses from other commercial uses, such as

retail, service or entertainment facilities.

 Industrial. This category is for land dedicated to manufacturing facilities, processing

plants, factories, warehousing and wholesale trade facilities, mining or mineral

extraction activities, or other similar uses.

 Public/Institutional. This category includes certain state, federal or local government

uses, and institutional land uses. Government uses include government building

complexes, police and fire stations, libraries, prisons, post offices, schools, military

installations, etc. Examples of institutional land uses include colleges, churches,

cemeteries, hospitals, etc. Do not include facilities that are publicly owned, but

would be classified more accurately in another land use category. For example,

include publicly owned parks and/or recreational facilities in the

park/recreation/conservation category; include landfills in the industrial category; and

include general office buildings containing government offices in the commercial

category.

 Transportation/Communication/Utilities. This category includes such uses as

major transportation routes, public transit stations, power generation plants, railroad

facilities, radio towers, telephone switching stations, airports, port facilities or other

similar uses.

 Park/Recreation/Conservation. This category is for land dedicated to active or

passive recreational uses. These areas may be either publicly or privately owned and

may include playgrounds, public parks, nature preserves, wildlife management areas,

national forests, golf courses, recreation centers or similar uses.

 Agriculture/Forestry. This category is for land dedicated to farming (fields, lots,

pastures, farmsteads, specialty farms, livestock production, etc.), agriculture, or

commercial timber or pulpwood harvesting.

 Undeveloped/Vacant. This category is for lots or tracts of land that are served by

typical urban public services (water, sewer, etc.) but have not been developed for a

specific use or were developed for a specific use that has since been abandoned.

 Mixed Use. For a detailed, fine-grained mixed land use, or one in which land uses

are more evenly balanced, mixed land use categories may be created and applied at

the discretion of the community. If used, mixed land use categories must be clearly

defined, including the types of land uses allowed, the percentage distribution among

the mix of uses (or other objective measure of the combination), and the allowable

density of each use.

2. Land Based Classification Standards (LBCS). As an alternative to the standard

classification system, local governments may, at their discretion, utilize the LBCS

developed by the American Planning Association. The full implementation of this

alternative system includes five dimensions to describe land uses, including activity,

function, site development character, structural character, and ownership. Local

governments electing to employ this system must at a minimum identify the function

dimension of land uses in the analyses, assessments, mapping, and other land use

requirements of this chapter.

(7) Transportation Element. (Required for the portions of a local government’s jurisdiction

that are included in a Metropolitan Planning Organization, optional but encouraged for all other

local governments. Updates at local discretion.) The Metropolitan Planning Organization’s

transportation strategy for the region may be substituted for this element; or, if a separate

Transportation Element is prepared, it must include the following components:

(a) Evaluate the adequacy of the following major components of the local transportation

system for serving needs of the community throughout the planning period:

 Road Network. Identify roads, highways and bridges. Also identify any significant

issues with the road network, including connectivity, signalized intersections or

inadequate signage.

 Alternative Modes. Identify bicycle, pedestrian facilities and public transportation or

other services for populations without automobiles. Also identify areas of the community

where mode choice is limited. Evaluate how effectively mobility needs of the community

are met by these alternative transportation modes.

 Parking. Identify areas with insufficient parking or inadequate parking facilities (e.g.,

downtown, busy commercial areas), excess or obsolete surface parking facilities in need

of retrofitting or redevelopment.

 Railroads, Trucking, Port Facilities and Airports. Identify freight and passenger rail

lines, major rail intermodal facilities, non-rail freight operations, seaports, harbors, and

commercial and general purpose air terminals. Evaluate the impact of these on the overall

transportation network.

 Transportation and Land Use Connection. The transportation element should

recognize that transportation policies, programs, and projects should be planned in

alignment with local land use development policies. Future transportation investments

should similarly be matched with appropriate land use policies.

(b) Develop a strategy for addressing any needs or opportunities identified above and

integrate this strategy into the Community Work Program.

(8) Housing Element. (Required for Community Development Block Grant Entitlement

Communities, optional but encouraged for all other local governments. Updates at local

discretion.) Use the following factors to evaluate the adequacy and suitability of existing housing

stock to serve current and future community needs. Develop Community Work Program

activities for addressing any identified needs or opportunities. Factors to consider include:

housing types and mix, condition and occupancy, local cost of housing, cost-burdened

households in the community, jobs-housing balance, housing needs of special populations, and

availability of housing options across the life cycle. The Consolidated Plan for the community

may be substituted for this element.

Statutory Authority, O.C.G.A. 50-8-7.1(b)

CHAPTER 110-12-1-.04

PROCEDURES

110-12-1-.04 Procedures.

(1) Preparation, Transmittal and Review of the Comprehensive Plan.

(a) First Required Public Hearing. A first public hearing must be held at the inception of

the local planning process. The purpose of this hearing is to brief the community on the

process to be used to develop the plan, opportunities for public participation in development

of the plan, and to obtain input on the proposed planning process. Once public comments

have been addressed, the community may begin the process of developing the plan.

(b) Developing the Plan - Community Involvement. Each element of the plan must be

prepared with considerable opportunity for involvement and input from stakeholders, local

leadership, and the general public, following the process specified in section 110-12-1--

.02(2). This will help ensure that the plan reflects the full range of community 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.

drafted and made available for public review, but prior to its transmittal to the Regional

Commission for review. The purpose of this hearing is to brief the community on the

contents of the plan, provide an opportunity for residents to make final suggestions, additions

or revisions, and notify the community of when the plan will be submitted to the Regional

Commission for review. Once public comments have been addressed, the plan must be

transmitted to the Regional Commission with a cover letter signed by the chief elected

official of the local government.

(d) Submittal for Review. Upon completion, the local government must transmit its plan to

the Regional Commission for review. This transmittal must include the community’s

certification that it has considered both the Regional Water Plan and the Rules for

Environmental Planning Criteria as provided in section 110-12-1-.02(3). Once received, the

Regional Commission shall immediately forward the plan to the Department for review,

indicating the date the plan was received from the local government. This date of submittal

for review is the beginning of the plan review process.

(e) Notification of Interested Parties. Once the Regional Commission has accepted the

plan for review, it shall immediately notify interested parties of the availability of the plan for

review and comment, providing the name of the local government, the general nature of the

plan and a deadline by which comments must be returned to the Regional Commission. At

minimum, interested parties shall include:

 Local governments inside or outside the Regional Commission’s region that are

contiguous to the submitting local government, and other local governments that are

likely to be affected by the 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 local government or that are likely to be

affected by the plan; and

 Affected state agencies, including the Department of Transportation, the Department of

Natural Resources, the Georgia Environmental Facilities Authority, and the Department.

The Regional Commission may (at its sole discretion) conduct a hearing at which any local

government, Regional Commission or other local, regional, or state agency may present its

views on the plan. The rules for conducting such hearings shall be as approved and adopted

by the Council of the Regional Commission.

(f) Regional Commission Review. The Regional Commission shall review the plan for

potential conflicts with plans of neighboring jurisdictions, opportunities for

interjurisdictional/regional solutions to common issues, and consistency with the adopted

regional plan for the region.

(g) Department Review. The Department shall review the required elements of the plan for

compliance with the Minimum Standards and Procedures. This review may result in

identification of deficiencies that must be resolved before the plan can be approved. The

Department may also offer advisory comments for improving the plan, but these are only for

consideration by the local government. The Department’s findings and recommendations

resulting from its review shall be transmitted to the Regional Commission for inclusion in the

final report within 35 days after submittal for review.

(h) Report of Findings and Recommendations. Within 40 days after submittal for review,

the Regional Commission must transmit a report of findings and recommendations to the

local government and copy the Department. This report must include:

 Comments submitted by interested parties that reviewed the plan and (if applicable) a

summary of the regional review hearing, detailing any significant issues raised;

 The Regional Commission’s findings from its Intergovernmental and Consistency review

of the plan and its recommendations for addressing these findings; and

 A copy of the Department’s findings and recommendations resulting from its review of

the plan.

(i) 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 local government

must address any requested changes by revising the plan and resubmitting it to the Regional

Commission for review. Once the plan is resubmitted for review, both the Department and

the Regional Commission will complete their review and respond to the local government as

soon as possible. This process of revision and review can be repeated until the plan is found

to be in compliance with the Minimum Standards and Procedures.

(j) Adoption of the Plan. Once the plan has been found by the Department to be in

compliance with the Minimum Standards and Procedures, the local governing body may

adopt the approved plan. In order to maintain Qualified Local Government certification, the

local government must adopt the approved plan. If the local government fails to adopt the

plan within one year after the plan is found to be in compliance with the Minimum Standards

and Procedures, it will be necessary to resubmit the plan for review as provided at 110-12-1-

.04(1)(d).

(k) Notification of Local Adoption. Within seven days of local adoption of the approved

plan, the local government must provide a copy of the adoption resolution to the Regional

Commission. Within seven days of receipt of this written notice, the Regional Commission

must forward this resolution to the Department.

(l) Qualified Local Government Certification. Once the Department has been notified by

the Regional Commission that a local government has adopted the approved plan, the

Department will notify the local government that Qualified Local Government certification

has been extended.

(m) Publicizing the Plan. Once adopted by the local government, the availability of the

plan must be publicized by the local government for public information. This requirement

may be met by providing notice in a local newspaper of general circulation, posting notice on

the local government’s website, or using similar means to notify the public of plan adoption

and directing them where a complete copy of the plan may be reviewed.

(2) Maintaining the Plan. Local governments are responsible for maintaining their plans to

accurately reflect current community conditions and the community’s goals and priorities for the

future. Maintenance of the plan includes plan amendments and regular updates of the plan.

(a) Plan Amendments. The local government determines when a plan amendment is

necessary to address changing circumstances that may have detracted from the usefulness of

the plan as a guide to local decision-making.

(b) Required Updates to the Plan. At a minimum, the local government must prepare and

submit five-year updates of the comprehensive plan as identified below. An annual update

option is provided for communities wanting to update their plan on a more frequent basis.

1. Annual Update Option. Each annual update shall include a new fifth year for the

Community Work Program and any changes needed for the other years of the

Community Work Program, as well as any changes needed for the elements of the

comprehensive plan identified in Chapter 110-12-1-.03 as requiring updates every five

years. The Regional Commission shall maintain a file of annual updates of the

Community Work Program submitted by local governments and shall make this file

available to interested parties upon request. At least 90 days prior to the date a local

government’s Qualified Local Government certification is due to expire, the Regional

Commission shall notify the Department that the local government has updated its plan in

accordance with the requirements for annual updates contained in these planning

requirements. In such cases, the local government will be exempt from the requirement

to submit a report of plan accomplishments with their five year update of the plan.

2. Five-Year Update Option. The elements of the comprehensive plan identified in

Chapter 110-12-1-.03 as requiring 5 year updates must be updated every five years in

accordance with the recertification schedule maintained by the Department. If significant

changes have occurred in community conditions (e.g., if the data upon which the plan is

based has become significantly outdated, or the community’s goals have changed), a

more extensive update of other elements of the plan may be called for. The five-year

update of the comprehensive plan shall include update of all elements specified for five-

year update in Chapter 110-12-1-.03 plus:

 A new Community Work Program (which includes the Capital Improvements

Program) covering the subsequent five-year period.

 Unless the annual update options is exercised, a report of plan accomplishments that

must identify the current status of each activity in the previous Community Work

Program (which includes the Capital Improvements Program). At a minimum, local

governments must indicate activities that:

o Have been completed;

o Are currently underway (including a projected completion date);

o Have been postponed (explaining why and when it will be resumed); or

o Have not been accomplished and are no longer activities the local

government intends to undertake (explaining why).

submitted to the Regional Commission. Five-year updates shall be reviewed following the

submittal and review procedures outlined in section 110-12-1-.04(1).

(d) Service Delivery Strategy Review. The update schedule for required five-year updates

to each county comprehensive plan required by paragraph (b) of this section shall serve as

the basis for a ten-year update schedule for the review of service delivery strategy

agreements required by Code Section 36-70-28 (b)(1) such that each service delivery strategy

agreement shall be reviewed after every other five-year county comprehensive plan update

beginning with the most recent update.

(3) Variances. A request for alternative planning requirements or a variance from particular

requirements in these rules must be submitted to the Department in writing by the local

government and its Regional Commission, and must provide sufficient documentation to

substantiate the request.

Variance requests specifically asking only for time extensions to complete plans or plan updates

will be granted only under the following conditions:

(a) If the preparation of a plan or plan update is substantially complete at the time revised

Minimum Standards and Procedures take effect and the local government desires to change

its plan or major plan update to conform to the new requirements. Generally, such variance

will only be granted if the local government's recertification date falls within 12 months after

the effective date for the revised Minimum Standards and Procedures.

(b) If events beyond the local government's control have occurred (e.g., a natural disaster that

affects the local government's jurisdiction or a fire that substantially damages the

local government's planning or administrative offices, etc.) and the local government is under

extraordinary stress in coping with this compelling situation.

(4) Mapping Requirements. If either a Character Areas Map or Future Land Use Map is

included in the plan, this must be submitted to the Department in a GIS digital vector data format

simultaneously with the comprehensive plan. To facilitate the preparation of these and other

maps that may be included in the plan, the Department makes available for download on its

website most of the necessary base maps, including boundaries, community facilities,

transportation, hydrography, protected natural resources, etc. It is recommended that plan

preparers use these maps, but if other maps are used, they must meet the following requirements:

(a) Digital Format. Maps submitted in digital form must be provided as digital vector map

products, using the shapefile format, or other digital format approved by the Department, via

a Department-approved exchange media or electronic transfer method.

(b) Base Maps. Base or reference maps must equal or exceed the scale, accuracy, precision,

and feature content of the equivalent map made available by the Department. They must use

the Georgia Coordinate System of 1985 as defined in the O.C.G.A. 44-4-20 through 44-4-31,

or use latitude and longitude coordinates based on the North American Datum of 1983.

Department must include the latest available boundaries from the U.S. Census. In the event

that the U.S. Census boundary map provided on the Department’s website does not represent

current municipal boundaries, due to recent annexations or de-annexations that have not yet

been reported through the official U.S. Census Boundary and Annexation Survey update

process, the plan preparer must use the most accurate representation of boundaries available.

However, in cases where it is necessary to submit such alternate boundaries to the

Department, the affected municipality is advised that O.C.G.A. 36-36-3 requires cities to

report all annexations to the Department. Consequently, the municipality will be expected to

participate in the next annual U.S Census Boundary and Annexation Survey to reconcile

these differences in their boundary map.

Statutory Authority, O.C.G.A. 50-8-7.1(b)

CHAPTER 110-12-1-.05

DEFINITIONS

110-12-1-.05 Definitions. 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, shall have the meanings contained therein.

Terms not defined in these rules, nor in O.C.G.A. 50-8-1, et seq, 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, 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. l(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.

Statutory Authority, O.C.G.A. 50-8-7.1(b)