PLANNING FOR GEORGIA'S GROWTH: ..).,'" A Summary of the Georgia Planning Act of 1989,
Introduction
In 1987t Governor Joe Frank Harris appointed a 35 member Growth Strategies Commission and charged it with the responsibility of developing a blueprint for Georgiats future growth and development. The Commissionts recommendations and the resulting Georgia Planning Act of 1989 take into consideration the historYt culture and traditions of Georgia and affirm the importance of planning for Georgiats economic future and quality of life. ImportantlYt it maintained home rule and local autonomy over local matters while recognizing the need for regional cooperation and planning.
The keystone of the Georgia Planning Act is a comprehensivet integrated and coordinated process conducted at the localt regional and state levels. To ensure uniformity and consistencYt the Department of Community Affairs (DCA) is charged with the responsibility of the overall management of the planning processt including the development of planning standards and procedures for local and regional plans, the development of planning and review procedures for regionally important resources and developments of regional impact and the development of a mediation process to resolve interjurisdictional conflicts. Togethert these efforts encourage a prosperous future which is inextricably linked to a stronger emphasis on region-wide programst new public/private sector initiativest increased cooperation between local governments and more coordination between state agencies.
The underlying concept of the planning effort is the belief that communities can achieve their goals by addressing a comprehensive range of issues in a local plan, including economic developmentt infrastructuret demographicst the environment and housing. Planning will also help communities work together to find common solutions to a wide range of problems.
''Bottom Up Planning Process"
The Georgia Planning Act put a framework in place which provides for a "bottom up" planning process. Planning will begin at the local levelt with all cities and counties being required to complete their comprehensive plans by Septembert 1995. Upon completiont local plans are submitted to the regional development centers (RDCs) for review. To avoid a crunch at the RDCst local plan completion dates are staggered over the five-year period according the attached Recertification Schedule.
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Once local plans within each region have been completed, the RDCs will prepare regional plans, based on needs and priorities identified by their local governments. Regional plans, in tum, will then be used as the basis for the development of a state plan.
Role of Local Governments
Minimum Planning Standards and Procedures were developed to govern the preparation, adoption and implementation of local plans. While planning is a voluntary process under the Georgia Planning Act, cities and counties which choose not to plan will risk losing their Qualified Local Government status, which means they will not be able to receive certain state funds, including those listed on "Grant and Loan Funds Available to QLG" and others administered by the Department of Natural Resources.
Since Georgia is composed of many diverse communities, the complexity of a community's comprehensive plan will be tailored to its needs. The local planning standards are based on a relatively simple set of questions addressed to each of six planning elements:
(1) What do we have now? (Inventory and Assessment) (2) What do we need and want for the future? (Needs and Goals) (3) How are we going to get where we want to be in the future? (Implementation
Strategy)
The six planning elements to which these questions will be addressed are:
* Population - analysis of the residents who live in a community; what is the
expected population in 10 years/20 years? What are the characteristics of the current and projected population (demographics)?
* Economic Development - analysis of industrial and economic base
* Natural and Historic Resources - analysis of natural and historic features,
including those resources covered by the Rules for Environmental Planning Criteria developed by the Department of Natural Resources
* Community Facilities - analysis of service levels provided for water, sewer,
garbage collection, police and fire protection, etc., and an assessment of public facilities
* Housing - analysis of housing including number, type, condition, cost and
location
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... Land Use - inventory of existing land uses and assessment of use compatibility; future land use map
To address the third basic question -- How are we going to get to where we want to be in the future? -- each community is being asked to develop an implementation strategy which summarizes key issues and findings as well as goals, policies and recommendations regarding the future growth and development of the community. The most important part of the implementation strategy is the five-year short term work program, which schedules specific actions a local government will take over the next five years to carry out its goals and policies as well as the estimated costs of those actions or projects. As with the other parts of the planning process, the short term work program is left strictly to a local government to determine the steps it will take to implement the plan and achieve its goals.
Role of Regional Development Centers
Under the Georgia Planning Act, Regional Development Centers (RDCs), formerly Area Planning and Development Commissions, have important new responsibilities which include the following:
(1) Review of local plans for compliance with the Minimum Planning Standards and Procedures developed by DCA;
(2) Provision of technical assistance to cities and counties on local planning and, by contract with a local government, preparation ofa local comprehensive plan;
(3) Cooperation with local governments and planning and development agencies within the region and coordination ofplanning and development activities with state and local governments within the region as well as neighboring regions and with the programs of federal departments, agencies and regional commissions;
(4) Preparation and adoption ofa regional plan based on the local plans within the region. (Standards and procedures for regional plans will be developed by DCA);
(5) Participation in the compilation of a Georgia database and network to serve as a comprehensive source of information for local governments, state agencies and members of the General Assembly;
(6) Review of proposed local actions that would affect regionally important resources or further a development of regional impact; and
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(7) Mediation or other assistance in resolving interjurisdictional conflicts, as prescribed by DCA.
Role of the Governor's Development Council The Georgia Planning Act also created the Governor's Development Council,
composed ofthe heads of 18 state agencies and chaired by the Governor, to coordinate the planning of departments, agencies, commissions and other institutions of the state. The responsibilities of the Governor's Development Council include the coordination of long-range planning and the coordination of the location and construction of public facilities on the basis of state, regional and local considerations identified in the comprehensive statewide plan to be developed by the Governor with the assistance of DCA. The state plan will be based on the regional plans submitted to DCA by the various RDCs.
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Grant aDd LoaD FUDcla Available to
Qualified Local Governmenu
A. Approved by the Board of the
Geo~a Department of CommUDlty Attain
Listed below are erant and loan programJ administered by the Department ofCommunity
Main which are available to counties and cities which maintain their Qualified Local
Government (QLG) .tanding. Local governments which lose their QLG .tanding will not be elieible Cor these proerama
1. Appalachian Relional Commission Intrutructure Funds Matching erants to wpport economic development projects in North Georeia.
2. Capital Felony Grant Proeram Reimbursement to county government leneral funds
for the expenses incurred by a capital felony trial.
3. Community Development Block Grant A matching grant program which can assist a wide range of eligible activities. including housing improvement projects. public facilities such as water and sewer lines. buildings such as local health centers or headstart centers. and economic development projects.
4. Downtown Development RevolviDf Loan Fund A loan program to allow local downtown development authorities in the Appalachian Region of Georgia to make below market rate loans to qualified businesses for projects that .upport downtown development. create and Dve jobs, and/or preserve and enhance historic downtown buildings.
5. Employment Incentive Prorram A grant program to JUpport local projects intended to facilitate and enhance job cre~tion and/or retention. principally for persons onow and moderate income.
6. Immediate Threat and Dan,er Grant A 50% matching grant program whose primary objective is to fund activities which the State certifies are designed to meet community development needs having a particular W'lency because exis~ conditions pose serious and immediate threat to the health or welfare of the community. These funds are provided in cases where other financial resources are not available to meet .uch needs.
.,. Local Development Fund Makhinc cranta to fund development-related activities of
or localgovernmentl in Georgia that can not be funded from other aourceJ. Examples ofthe
tJpe. activitie8 that could be funded include: downtown development projeeu, public
parkine Cacilitie8, historic preservation projecta, promotion and marketinf activities,
apeeu1ative buDdiDp, anal1 busiDeu incubators, certain community facilitiea, etc.
8. Local JaD Improvement Grant. Funda provided to local lovemmenta to finance jaD
renovation prolJ'UDL
OfJice of Coordinated Planning, December a, 1990
Rules of
Georgia Department of Community Affairs
Chapter 110-3-2 , Minimum Planning Standards and Procedures
TABLE OF CONTENTS
110-3-2-.01 Purpose 110-3-2-.02 Defmitions 110-3-2-.03 Responsibilities 110-3-2-.04 Minimum Local Planning Standards 110-3-2-.05 Additional Planning Elements 110-3-2-.06 Minimum Procedural Standards
110-3-2-.01 PURPOSE
110-3-2.01 Purpose.
(1) General: The rules and regulations provided herein are for the implementation of Georgia Law 1989 pp. 1317-1391 (hereinafter referred to as the "planning act") and are intended to provide a framework to facilitate and encourage coordinated, comprehensive planning and development at the local, regional and state government levels.
(2) Applicability: The rules and regulations provided herein are applicable to all comprehensive plans prepared hereunder, including the minimum standards and procedures that are adopted or promulgated from time to time by the department pursuant to the Administrative Procedure Act.
(a) The rules shall also apply to all other facets of the comprehensive planning process as outlined in the planning act, such as provisions relating to conflict resolution and to the determination of qualified local governments.
(b) The minimum standards and procedures authorized pursuant to Code Sections 50-8-7.1 (b), 50-8-7.2 and 12-2-8 relating to local government comprehensive planning shall become effective on October I, 1990. Local government compliance with the standards and procedures shall be in accordance with the rules outlined at 110-3-2-.04 and 110-3-2-.06, but in no event shall the scheduled date for local government compliance be earlier than September 30, 1991.
(3) Legislative Intent: The Legislature has provided that coordinated and comprehensive planning by state government, local governments and regional development centers within the State of Georgia is of vital importance to the state and its residents. The state has an essential public interest in promoting, developing, sustaining, and assisting coordinated and comprehensive planning by all levels of government.
Georgia Laws 1989, pp. 1317 - 1391
(4) Interpretation: The rules and regulations promulgated hereunder are intended to provide for the coordination of planning between the local, regional, and state levels within the State of Georgia. Such rules and regulations should be liberally construed to achieve that end.
CHAPTER 110-3-2-.02 DEFINITIONS
110-3-2-.02 Definitions.
(1) General: 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 Georgia Law 1989 pp. 1317-1391 (Act 634), shall have the meanings contained in Act 634. Terms not defined in these rules, nor in Act 634, shall have ascribed to them the ordinary accepted meanings such as the context may imply.
(2) Definitions: The following terms and definitions shall be used to guide the implementation of the comprehensive planning process.
(a) 'Additional Planning Elements' means any additional planning elements adopted by the board of directors of the regional development center and approved by the department in accordance with Code Section 50-8-35 and the rules and guidelines developed by the department.
(b) 'Board' means the Board of Community Affairs.
(c) 'Board of Directors' means the board of directors of a regional development center.
(d) 'Commissioner' means the Commissioner of Community Affairs.
(e) 'Comprehensive Plan' means any plan by a county or municipality covering such county or municipality or any plan by a regional development center covering the center's region proposed or 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 Code Sections 50-8-7. 1(b) and 50-8-7.2.
(f) 'Conflict' means any conflict, dispute, or inconsistency arising:
1. Between or among comprehensive plans for any counties or municipalities, as proposed, prepared, proposed to be implemented, or implemented.
2. Between or among comprehensive plans for any regions, as proposed, prepared, proposed to be implemented, or implemented.
3. Between or among comprehensive plans for any counties or municipalities and comprehensive plans for
the region which includes such counties or municipalities, as such plans are proposed, prepared, proposed to
be implemented, or implemented.
4. 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
5. 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.
Georgia Laws 1989. pp. 1317 - 1391
2
(g) 'Conflict Resolution' means mediation or the process to be employed by the department of community affairs in resolving differences arising from any conflict. dispute, or inconsistency:
1. Between or among comprehensive plans for any counties or municipalities, as proposed, prepared, proposed to be implemented, or implemented.
2. Between or among comprehensive plans for any regions, as proposed, prepared, proposed to be implemented, or implemented.
3. Between or among comprehensive plans for any counties or municipalities and comprehensive plans for the region which includes such counties or municipalities, as such plans are proposed, prepared, proposed to be implemented, or implemented.
4. 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
5. 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
(h) 'Coordinated and Comprehensive Planning' means planning by counties and municipalities and regional development centers in accordance with the minimum standards and procedures.
(i) 'Council' means the Governor's Development Council.
U) 'County' means any county of this state.
(k) 'Days' means calendar days, unless otherwise specified.
(1) 'Department' means the Department of Community Affairs.
(m) 'Developments of Regional Impact'-(definition reserved).
(n) 'Executive Committee' means the executive committee of a regional development center.
(0) '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.
(p) 'Implementation Strategy' means the narrative description counties and municipalities must submit describing how it plans to implement its comprehensive plan, including a listing of public actions to be undertaken by the community toward implementation of the comprehensive plan and the related costs of such actions.
(q) 'Local Government' means any county, municipality, or other political subdivision of the state.
(r) 'Local Government Affairs' means all matters involving or affecting local governments including, but not limited to, coordinated and comprehensive planning in which the state is or may become empowered or authorized to perform any duties, responsibilities, or functions or to exercise any power or authority.
(s) 'Local Government Services' means the activities performed or authorized to be performed by the department including, but not limited to, its performance of duties, responsibilities, and functions in local government affairs and its exercise of power and authority in local government affairs.
Georgia Laws 1989, pp. 1317 - 1391
3
(t) 'Local Plan' means the comprehensive plan for any county or municipality.
(u) 'Mediation' means the process to be employed by the department and regional development centers for resolving conflicts which may arise from time to time in the coordinated and comprehensive planning process. Such procedures and guidelines to govern mediation shall be promulgated by the department pursuant to Code Section 50-S-7.1(d).
(v) '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, and for participation in the coordinated and comprehensive planning process. Minimum standards and procedures may include any elements, standards, and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in advance by the department, in accordance with Code Section 50-8-35 and the rules and guidelines developed by the department
(w) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state.
(x) 'Part 5 Environmental Standards' 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 Code Section 12-2-8.
(y) 'Planning Act' means Georgia Laws 1989 pp.1317 - 1391 (Official Code of Georgia Annotated, as amended, 45-12-200; 50-8-1; 50-S-2; 12-2-1; and 36-70).
(z) 'Plan Amendment' means a significant action by a local government to change its currently approved comprehensive plan. Amendments shall be deemed necessary when the local government feels conditions have changed dramatically so as to alter the basic tenets of its approved comprehensive plan.
(aa) 'Plan Approval' means the approval provided by the department to local governments that have prepared, submitted to the regional development center for review, and adopted a comprehensive plan that meets the minimum standards and procedures.
(bb) 'Planning' means the process of determining actions which state agencies, regional development centers, and local governments propose to take.
(cc) 'Planning Elements' means the minimum elements of a comprehensive plan that must be addressed by a local government in the preparation of such plan. The minimum elements shall initially include population, economic development, natural and historic resources, community facilities, housing, and land use.
(dd) 'Plan Update' means the complete rewrite of the local government comprehensive plan. This is to be accomplished not later than ten (10) years from the date of approval of the most recent comprehensive plan and must meet the minimum standards and procedures.
(ee) 'Qualified Local Government' means a county or municipality which:
1. Has adopted a comprehensive plan in conformity with the minimum standards and procedures no later than the date established pursuant to these procedures;
2. Has established regulations consistent with its comprehensive plan and with the minimum standards and procedures; and
Georgia Laws 1989, pp. 1317 - 1391
4
3. Has not failed to participate in the department's mediation or other means of resolving conflicts in a manner in which, in the judgment of the department, reflects a good faith effort to resolve any conflict.
(ft) 'Region' means the territorial area within the boundaries of operation for any regional development center, as such boundaries shall be established from time to time by the board in accordance with the provisions of subsection (t) of Code Section 50-8-4.
(gg) 'Regional Development Center' means a regional development center established under Code Section 50-8-32.
(hh) 'Regional Plan' means the comprehensive plan for a region prepared in accordance with the standards and procedures established by the department.
(ii) 'Regionally Important Resources'-(definition reserved).
Uj) 'Short Term Work Program' means that portion of the Implementation Strategy which lists the specific actions to be undertaken by the government over the next five (5) years to implement the approved comprehensive plan.
1. A short term work program shall be prepared to summarize the recommendations contained in a local government's comprehensive plan and shall consist of:
(i) Major actions to be undertaken by a municipality or county to implement plan recommendations;
(ii) Time frames for implementing each of the major recommendations; and
(iii) Estimated cost (if any) of implementing individual major recommendations.
2. Such work program shall be submitted concurrently with the submission of the local government comprehensive plan.
3. No later than six (6) months prior to the expiration of the currently approved short term work program, a new five (5) year short term work program shall be prepared and submitted to the regional development center for review.
(kk) 'State Agency' means any department, agency, commission, or other institution of the executive branch of the government of the State of Georgia.
CHAPTER 110-3-2-.03 DUTIES AND RESPONSIBILITIES
110-3-2-.03 Duties and Responsibilities.
(1) General: It has been determined that coordinated and comprehensive planning by all levels of government within the State of Georgia is of vital importance to the state and its residents. To effectively and efficiently implement the provisions of the planning act, ongoing cooperation must occur between local governments, regional development centers, and state agencies. The following outlines the responsibilities of the parties charged with implementing the provisions of the planning act.
(2) Governor's Development Council: The Governor's Development Council was created by the planning act to provide for the coordination of planning, at the direction of the Governor, by departments, agencies, commissions, and other institutions of the state. The council, at the direction of the Governor, shall:
Georgia Laws 1989, pp. 1317 - 1391
5
(a) Coordinate, supervise, and review planning by state agencies to include, but not be limited to, coordination of long range planning and coordination of the location and construction of public facilities on the basis of state, regional, and local considerations identified in the comprehensive statewide plan developed by the Governor with the assistance of the department
(b) Establish procedures for, and take action to require, communication and coordination among state agencies in any respect which the council deems necessary or appropriate in order to further the coordination of planning by state agencies.
(3) Department of Community Affairs: It is the responsibility of the department of community affairs hereunder to develop, promote, sustain and assist local governments in Georgia.
(a) The department shall develop, promote, and establish standards and procedures for coordinated and comprehensive planning.
(b) The department shall assist local governments to participate in an orderly process for coordinated and comprehensive planning.
(c) The department shall assist local governments to prepare and implement comprehensive plans which will develop and promote the essential public interests of the state and its residents.
(d) The department shall serve as the principal department in the executive branch of state government for local government affairs and shall have the responsibility, among other things, to:
1. Develop. promote, sustain and assist local governments in the performance of their duties and responsibilities under law, including coordinated and comprehensive planning;
2. Provide a liaison between local governments and other governments, including the state and federal government;
3. Act as the state's principal department for local government affairs and local government services generally and for programs, functions, and studies in local government affairs and services and act as the coordinator on the state level for such programs, functions, and studies provided by the department; and
4. Act as the state's principal department for developing, promoting, maintaining, and encouraging coordinated and comprehensive planning.
(e) The department shall coordinate and participate in compiling a georgia data base and network to serve as a comprehensive source of information available, in an accessible form, to local governments and state agencies and shall make available the georgia data base and network to other state agencies, local governments, members of the General Assembly, and residents of the state.
(f) The department, utilizing the comprehensive plans of qualified local governments, shall assist the Governor in coordinated and comprehensive planning, including the development of a comprehensive plan for the state.
(g) The department, utilizing the comprehensive plans of qualified local governments and regional development centers, shall assist the Governor in defining the state's long term goals, objectives, and priorities and implementing those through coordinated and comprehensive planning.
(h) The department shall undertake and carry out such activities as may be necessary to mediate, or otherwise assist in resolving conflicts relating to the comprehensive planning process.
Georgia Laws 1989, pp. 1317 - 1391
6
(i) The department shall determine, in its judgement, and for each region, what shall constitute developments of regional impact.
(j) The department shall develop planning procedures with respect to regionally important resources, and for planning with respect to developments of regional impact, and for encouraging interjurisdictional cooperation among local governments.
(Ie) The department may establish rules and procedures which require that local governments submit for review any proposed action which, based upon guidelines which the department may establish, affect regionally important resources or further developments of regional impact
(4) Local Governments: It is the responsibility of local governments in the State of Georgia hereunder to serve the essential public interests of the state by promoting the establishment, implementation, and performance of coordinated and comprehensive planning by municipal and county governments. Accordingly, the governing body of municipalities and counties shall have the authority and responsibility to:
(a) Develop, or cause to be developed, comprehensive plans at the local level. However, no municipality or county shall take any action to adopt a local plan, or put into effect any local plan, until sixty (60) days after the date when the municipality or county, as the case may be, submitted the local plan to the regional development center for review, comment and recommendation, except that any request for reconsideration in accordance with the planning act shall automatically operate to extend the sixty (60) day period to ninety (90) days.
(b) Employ personnel, or enter into contracts with the regional development center or other public or private entity, to assist in developing, establishing, and implementing its comprehensive plan.
(c) Contract with one or more counties or municipalities, or both, for assistance in developing, establishing, and implementing a comprehensive plan, regardless of whether the contract is to obtain such assistance or to provide such assistance.
(d) Develop, establish, and implement land use regulations which are consistent with the comprehensive plan of the municipality or county government, as the case may be.
(e) Develop, establish, and implement a plan for capital improvements which conforms to the minimum standards and procedures and to make any capital improvements plan a part of the comprehensive plan of the municipality or county government, as the case may be.
(t) Take all action necessary or desirable to further the policy of the state for coordinated and comprehensive planning.
(g) Be members of the regional development center for the region which includes the municipality or county, as the case may be.
(h) Pay annual dues for membership in its regional development center, in accordance with the planning act.
(i) Participate in compiling a georgia data base and network to serve as a comprehensive source of information for the coordinated and comprehensive planning process.
(j) Participate in mediation or other forms of resolving conflicts, including those relating to comprehensive plans, regionally important resources, or developments of regional impact, as set forth in the planning act and these standards and procedures.
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(5) Regional Development Centers: It is the responsibility of regional development centers hereunder to serve the essential public interests of the state by promoting the establishment, implementation, and performance of coordinated and comprehensive planning by municipal and county governments and the regional development center, in conformity with the minimum standards and procedures established pursuant to the planning act The specific responsibilities of regional development centers are:
(a) To contract with one or more counties or municipalities, or both, for assistance in developing, establishing, and implementing a comprehensive plan.
(b) To undertake and carry out such planning and technical assistance activities as its board of directors or the department may deem necessary for the development, preparation, and implementation of comprehensive planning for each center's region and for municipalities and counties within the center's region and such planning and technical assistance activities as its board of directors or the department may deem necessary for coordinated and comprehensive planning within the center's region.
(c) Specific planning and technical assistance activities may include, but shall not be limited to, the following:
1. A center may coordinate and assist local governments in preparing local plans for submission to the center.
2. A center may provide technical planning assistance to local governments.
3. A center may develop and prepare a local plan for a county or municipality if the county or municipality enters into a contract with a center for that purpose.
4. A center may require that comprehensive plans within its region include elements in addition to those established by the department as minimum standards and procedures, but before imposing any such requirement, the center shall have received the department's approval of additional elements to be included in such comprehensive plans.
5. Each center shall prepare and adopt a regional plan and submit the regional plan to the department. The regional plan shall take into consideration local plans within the region.
6. Each center shall participate in compiling a georgia data base and network, coordinated by the department, to serve as a comprehensive source of information available, in an accessible form, to local governments, state agencies, and members of the General Assembly.
7. Each center shall review and comment on each local plan submitted to it in accordance with the comprehensive planning process and shall hold such hearings and receive such input on local plans as provided by the planning act
8. Any proposed action by a municipal or county government that would, based upon guidelines the department may establish, affect regionally important resources shall be reviewed by the regional development center in accordance with rules and procedures established by the department and shall result in a public finding by the center as to whether the proposed action will be in the best interest of the state.
9. Any proposed action by a municipal or county government that would, based upon guidelines the department may establish, further any development of regional impact, shall be reviewed by the regional development center in accordance with rules and procedures established by the department and shall result in a public finding by the center as to whether the proposed action will be in the best interest of the state.
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10. Each center shall coordinate mediation or other forms of resolving conflicts, among local governments within its region, including those relating to comprehensive plans, regionally important resources, or developments of regional impact, pursuant to the planning act and procedures developed by the department.
11. Each center shall also participate in mediation or other forms of resolving conflicts when such conflict involves another regional development center.
CHAPTER 110-3-2-.04 MINIMUM LOCAL PLANNING STANDARDS
110-3-2-.04 Minimum Local Planning Standards.
(1) General: The minimum local planning standards were developed to guide local governments through the coordinated and comprehensive planning process. Georgia has substantial geographic and economic variety in the state and the needs and aspirations of communities may differ dramatically. The planning standards were designed to address situations found throughout the state and in specific geographic and economic conditions. Therefore, the standards will not and should not be uniformly applied to each community. Each community should determine which of the items under the minimum planning elements apply to its community and utilize them within its planning process and likewise, determine which items are nonapplicable to its community. As an example, communities in the northern portion of the state should not concern themselves or attempt to address the coastal resources item under the "Natural and Historic Resources Planning Element".
(a) Applicability: The minimum local planning standards are designed to help community leaders logically assess community strengths and weaknesses and based upon this assessment, map out a plan of action for the future. Each local government in the state is encouraged to utilize this process as the long range planning tool to guide its development in the future. The requirements in this section are minimal in nature; municipalities and counties may wish to include other items in local plans, if deemed necessary or desirable, to more adequately meet the needs of its community. Local governments shall conform to the minimum planning standards and elements as outlined in this section in order to become a qualified local government. Nothing in this process, however, shall be construed to prohibit a community from contracting with an outside agency or private company to develop its comprehensive plan, provided all community input requirements are met.
(b) Variances: In instances where a local government has existing, or proposes new, planning practices which differ from these minimum planning standards, yet meet the intent of these rules, the department may grant the requesting local government a variance to the minimum planning standard requirements to recognize special or unique local conditions. Such variance may be requested by a local government after first receiving a recommendation on the proposed local variance from the appropriate regional development center. The planning standards presented in this chapter are minimum in nature and local governments are encouraged to exceed these standards where appropriate, and when such standards clearly exceed the minimum standards, approval of the department is not required.
(c) Data Support: Select data and information to assist local governments in initiating the planning process and meeting the minimum planning standards and elements will be provided by the department, the Department of Natural Resources, regional development centers, the university system of Georgia, and others.
(2) Community, Regional, and State Planning Goals: The department, pursuant to Code Section 50-8-7.1(a), is authorized to assist the Governor in defining the state's long-term goals, objectives, and priorities through coordinated and comprehensive planning. The department shall utilize community and regional plans in developing and refining said goals. The department has identified five (5) topical areas for development of the community, regional, and state planning goals.
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(a) Economic Development: To achieve a growing and balanced economy, consistent with the resources of this state and its various regions, that equitably benefits all sections of the state and all segments of the population.
(b) Natural and Historic Resources: To conserve and protect the environmental, natural and historic resources of Georgia's communities, regions and the state.
(c) Community Facilities: To ensure that public infrastructure facilities serving local governments, the region and the state have the capacity and are in place when needed to support and attract growth and development and/or maintain and enhance the quality of life of the residents of the state.
(d) Housing: To ensure that all people within the state and its various regions and communities have access to adequate and affordable housing.
(e) Land Use: To ensure that the land resources of the state are allocated for uses required to facilitate the topical areas of economic development, natural and historic resources, community facilities, and housing as outlined above and to protect and promote the quality of life of the people of Georgia's communities, regions, and the state.
(3) Basic Planning Process: The basic planning process outlined below is designed to assist local governments in meeting the minimum planning standards. The basic planning process consists of three distinct steps:
(a) Inventory and Assessment: Local governments shall complete a basic inventory of the resources within its jurisdiction, including population, economic development, natural and historic resources, community facilities, housing, and land use. Upon completion of the inventory, an assessment of the adequacy of the community's resource base must be conducted.
(b) Statement of Needs and Goals: Based upon the completed inventory and assessment, each local government shall identify existing and future needs and aspirations. Goals shall be developed to meet the identified needs and aspirations. Said goals shall be consistent with the planning goals outlined at 110-3-2.04(2) above.
(c) Implementation Strategy: Based upon the needs, aspirations, and goals identified, each local government shall prepare an implementation strategy, including a five (5) year Short Term Work Program. The comprehensive plan shall provide an overall picture and guide for a twenty (20) year time span. The Short Term Work Program shall include a listing and discussion of specific actions to be taken by the community over the next five (5) years to meet the identified needs and goals, such as economic development strategies, land use management, or infrastructure improvements.
(4) Minimum Planning Elements: The department, pursuant to Code Section 50-8-7.1(b)(1), is authorized to establish minimum elements to be addressed and included in the local government coordinated and comprehensive planning process. Nothing in this process, however, shall be construed to prohibit a community from preparing and submitting a comprehensive plan that exceeds the minimum planning standards and elements prescribed by the department. The department has identified the following six (6) minimum local planning elements to be included and addressed in local government comprehensive plans.
(a) Population Element.
1. Purpose: The population element, in combination with a community's natural resources, forms the foundation from which well-informed planning decisions can be made regarding economic development, community facilities, housing and land use. An understanding of basic population characteristics is an integral part of any planning effort or policy making process. Understanding the nature and characteristics
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of a community's population, combined with well conceived population projections, allows a growing community to determine how many residents they will need to house, in what type of housing and at what economic cost. This will assist a community in determining community service needs, infrastructure needs, and employment opportunities necessary to support this population.
2. Data Support: The department will provide municipalities, counties and regional development centers with available population data. This information will include historical data, current estimates, and where available, future projections. The availability of population data varies significantly between large and small local governments. For example, limited population data is available for municipalities under 2,500 population. If data is not available through the department, the regional development center, or through local sources, the local government should address that particular item to the best of its ability.
3. Intent: Communities experiencing slow growth, or those that have actually realized a population loss, will need to evaluate the characteristics of the persons living in the community to determine housing needs, employment opportunities, and general quality of life amenities. If such a community desires to grow, the population data will assist it in looking toward economic development, improved community services and the type of housing necessary to reverse or improve its current economic situation. Population projections can also assist a community in locating schools and determining public services needed to support the existing and proposed residential areas. Commercial services and employment centers can be encouraged to locate in areas that will take advantage of the resident population while creating little or no impact on existing or proposed residential areas.
4. Application: The population element shall consist of an inventory and analysis of key population and demographic trends. The population inventory shall consist of historical data and projections for twenty (20) years prior to the year of plan development and twenty (20) years into the future, at five (5) year intervals. For detailed analyses, annual data should be provided for five (5) years prior to plan development and projected for five (5) years into the future. Such an inventory and analysis shall include, but not be limited to, the following data items:
(i) Population: The population inventory shall include the number of residents at present and yearly for the previous five (5) years and for the upcoming five (5) years. Beyond the initial five (5) year inventory, the inventory and projections will be at five (5) year intervals going both back in time and forward for twenty (20) years. Population data will assist the community in determining the amount, type and land area needed to house the existing and projected population. It will also be beneficial in indicating community services and employment opportunities needed to serve such population.
(ii) Households: The number and average size of households should be obtained and analyzed in terms of providing quality housing for the existing and projected populations. This data should be obtained for the same intervals as outlined at 110-3-2-.04-4. above.
(iii) Demographics: The age, sex, and racial characteristics of the residents should be obtained and analyzed. These numbers will assist community leaders in determining school, community services, employment and housing needs. This data should be obtained for the same intervals as outlined at 110-3-2-.04-4. above.
(iv) Education: The educational levels of the existing population and past population should be obtained and analyzed. An analysis of the community's educational levels will assist the community in developing economic strategies to meet the educational needs of the population and will also assist in developing educational and training programs for the existing and projected adult population. This data should be obtained for the same intervals as outlined at 110-3-2-.04-4., with the exception of future projections.
(v) Income: Inventory and analysis of the median family income and per capita income of the community can assist in comparing the relative wealth and revenue producing capability of the community to national, southeast regional, and state benchmarks. The data and analysis will also help in identifying appropriate
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housing opportunities and economic development needs of the community. This data should be obtained for the same intervals as outlined at 110-3-2-.04-4. above.
(b) Economic Development Element.
1. Purpose: The economic development element merges the inventory, analysis and forecasting of a community's labor force and economic base within the planning process. Economic development has long been considered a separate process from comprehensive planning and has seldom been developed as an integral part of a community's comprehensive planning process. However, unless economic development is considered part of the comprehensive planning process, the community will not be able to make the best informed decisions to maintain and/or create a high quality of life for all its residents and business community.
2. Data Support: The economic development inventory shall include historic data for the ten (0) years prior to the year of the comprehensive plan development and economic forecasts should anticipate the twenty (20) year scope of the comprehensive plan. The department will provide municipalities, counties and regional development centers with available economic data and information on population characteristics. This information will include historical data, current estimates, and where applicable, future projections. If data is not available through the department, the regional development center, or local sources, the local government should address that particular item to the best of its ability.
3. Intent: Once the economic needs of the community are identified, the land necessary to support development in the community can be identified in the land use element. The community facilities necessary to support the proposed commercial, manufacturing and other business endeavors can be developed as the community grows. Further, both the positive economic effects, as well as the additional demands such development may place on community facilities and services, can be addressed and any needed improvements properly scheduled.
4. Application: An inventory, assessment, and forecast of both the labor force and economic base shall be undertaken.
(i) Labor Force: At a minimum, the labor force inventory, assessment, and forecast shall include, but not be limited to, the following items:
(I) Current and historic number of workers in the workforce, by occupation;
(II) Current and historic wage levels of the workforce;
(ITI) Skill levels of the workforce;
(IV)
Employment by place of work and residence; and
(V) Current and historic unemployment rates of the workforce.
(ii) Economic Base: At a minimum, the inventory, assessment, and forecast of the economic base shall include, but not be limited to, the following major items of economic activity:
(I) Commercial: Shall include retail sales, offices, service, and shopping centers within a community.
(II) Manufacturing: Shall include any manufacturing or industrial uses within the community. Examples include metal working plants, wood processing plants, and textile mills.
(III) Tourism: Tourism shall include any public or private tourist attractions including, but not limited to, monuments, museums, recreational areas or activities, civic centers/arenas, wildlife areas, and industrial
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monuments, museums, recreational areas or activities, civic centers/arenas, wildlife areas, and industrial plant tours.
(IV) Agribusiness: Agribusiness includes not only actual agricultural production, but such items as bread and dairy production, preparation of food for shipping, and similar types of business.
(V) Institutional and Government: This category includes such items as local, state and federal government offices, and institutions such as hospitals, schools and colleges or vocational schools.
(VI) Warehousing and Distribution: This category includes warehousing and businesses involved in the distribution of goods.
(VII) Mining: This category includes items such as surface or deep mining or other similar forms of mineral extraction.
(VIII) Special or Unique Economic Sectors: Municipalities and counties which, due to local conditions, have a large portion of the economic base detennined by transfer payments (e.g. social security, military income, retirement income, welfare payments, etc.) to local residents shall take these factors into consideration in the preparation of its comprehensive planning.
(IX) Other: There may be other categories or breakdowns that would better economically define a community. Those categories that better describe a local community's economic base should be identified and defined by the community in its plan.
(iii) Each of the categories above should be inventoried in tenns of location and economic value (i.e. number of workers, revenues, profits). The business categories should be analyzed in tenns of percentage share of the market, amount of taxes and other revenue paid into the community, and number of employees that live within the community. The community should consider questions such as:
(I) Is the business community healthy?
(II) Is the business community diversified or is it dependent on one type of business, such as the military, or wood processing? If it is not diversified, should the community attract other industries or economic activity that would allow for diversification of the community's economic base?
(III) What are the commuting patterns? If employees are coming from outside the community, why?
(IV) Based on the education and income level of the residents of the community, do the businesses employ the residents to education and training capacity or are residents underemployed?
(V) What are the characteristics of the unemployed population in the community? What educational and training levels do these people have?
(iv) The training resources in the community should be inventoried and assessed. Future training needs should be projected based upon the types of business the community presently has and those industries and businesses the community wishes to encourage or bring into the community.
(v) Once questions such as those indicated above are answered and economic development needs and goals are developed, economic strategies can be fonnulated. Economic strategies can vary from constructing an industrial park to downtown development activities, or any combination thereof. Any economic development strategy developed should include an assessment of the external factors present in the community or its environment that may affect the implementation of the plan.
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(c) Natural and Historic Resources Element.
I. Purpose: It is important for a community to understand and protect the natural and historic resources within its jurisdiction. Pursuant to Code Section 50-8-7.1(b), the Department of Natural Resources shall provide the department minimwn standards with respect to natural resources, the environment and vital areas of the state. These are more commonly referred to as "Part 5 Minimum Environmental Standards". The minimwn standards regarding land and water protection developed by the Department of Natural Resources pursuant to Code Section 12-2-8 address three basic concerns:
(i) Aquifers and groundwater recharge areas;
(ii) Water supply watersheds; and
(iii) Wetlands.
2. Data Support: The Department of Natural Resources has conducted numerous natural and historic surveys in the state and this information will be made available to local governments by the department through the regional development centers to assist in compliance with the Part 5 Minimum Environmental Standards.
3. Intent: There are other special or significant natural resources in Georgia that shall be identified by the local government. A listing and discussion of proposed conservation and enhancement strategies for each resource shall be completed.
4. Application: Specific or significant natural and historic resources in a community shall be inventoried and assessed, where applicable, in order to better understand the natural and historic resource base of the community. These resources may include, but are not limited to, the following:
(i) NATURAL RESOURCES: Specific natural resources in a community may include, but are not limited to, the following items:
(I) Coastal Resources: Coastal areas are sensitive to development, especially in or adjacent to beach and marsh areas and coastal estuaries. Development in these areas should take into account the ecological systems and sensitivities of identified coastal resources and beaches.
(II) Steep Slopes: Steep slopes in a community should be identified. An assessment as to whether such a slope is suitable for development shall be determined. Often steep slopes are consistent with development limits, but conditions to minimize erosion and other detrimental effects may be placed on development proposed on such slopes.
(III) Prime Agricultural and Forest Land: Prime agricultural land is often converted to residential use because of the low cost of development in such areas. Communities should consider such resources in the comprehensive plan. Certain stands of native trees or other forested areas are a resource that communities should consider in the planning process.
(IV) Plant and Animal Habitats: Whenever possible, the plant and animal habitats of rare or endangered species should be protected from development. Communities may also have unique habitats that they have identified and wish to protect. These should be addressed in the preparation of the local government comprehensive plan.
(V) Parks and Recreation Areas: Major federal, state, or regional parks and recreation areas significantly increase the quality of life in a community. These areas shall be identified and considered in the development of the local comprehensive plan. (NOTE: Local parks and recreation areas should be identified in the Community Facilities Element.)
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(VI) Scenic Views and Sites: The identification and protection of scenic views and sites within the comprehensive plan is critical if such sites are to be maintained. Each community shall determine the scenic views and sites that may exist within its community and these sites shall be considered in the development of the comprehensive plan.
(VII) Soil Types: There are soil types in the state that are unique or are extremely sensitive to development, such as floodplain soils or rocky soils with no permeability. Each community shall review its existing soils classification and determine if soils are sensitive to development within its jurisdiction and designate such soils in its comprehensive plan. Policies for the protection of sensitive soils shall be considered in the preparation of the local comprehensive plan.
(ii) HISTORIC RESOURCES: Within a community there will be areas of significant historic resources. An inventory and assessment should be made of these resources and a generalized location map of these resources should be prepared. The department, working with the Department of Natural Resources, can provide valuable assistance to local governments in identifying the type and location of these resources. Strategies should be considered in the comprehensive plan for the preservation, redevelopment, use and/or protection of any significant historic resource identified. Significant or historic resources may include, but are not limited to, the following items:
(I) Landmark Buildings and Structures: Landmark buildings or structures need not be historic to be considered in a local government comprehensive plan. If a building or buildings illustrate a unique construction type or are illustrative of a certain period in a community's history, such buildings and structures may warrant consideration.
(II) Commercial Districts: Commercial districts, often a community's central business district or a crossroads area of a community, may carry historic or structural significance that should be maintained. The commercial district need not be historic for consideration as a significant area, although that criterion is generally utilized. If a commercial district is deemed to be critical by a local government, such district(s) may warrant consideration in its plan.
(III) Residential Districts: Numerous residential districts have historical or architectural significance around the state and many of these have already been identified and are being protected by municipalities and counties. Examples of these can be found in Columbus, Macon, Milledgeville, and Savannah.
(IV) Rural Resources: Rural resources can include numerous aspects of a community, from the "old general store" and "hitching post saloon" to covered bridges and unique well preserved bams. A community should determine whether such resources warrant consideration in its comprehensive plan.
(V) Archaeological and Cultural Sites: Archaeological or cultural sites, such as Indian burial grounds, may be found in many communities throughout the state. Each community should consider archaeological and cultural sites and determine whether such sites warrant consideration in its comprehensive plan.
(d) Community Facilities Element.
1. Purpose: Each community should be aware of the services provided to residents and the quality and adequacy of such services. Once the community leaders are aware of the level of services currently provided, they can consider what services and at what quality they would like to provide in the future.The next step in this process is to determine the cost of providing the services at the desired level. Then the question arises, can the community afford that level within the current budget, and if not, where can additional funding be obtained? Each community should consider how it will provide the desired level of services. If a community's population is remaining stable or the population level is declining, a community should consider exactly which services best benefit the existing population and business community.
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2. Data Support: Much of the data and information needed to complete an analysis of the adequacy of the existing community facilities must be collected locally and cannot be provided by the department. Items such as existing capacities of sewage and water treatment plants and landfill sites; number, type and adequacy of fire and police facilities; and amounts of various recreational facilities are examples of the data that must be gathered locally.
3. Intent: This locally gathered information will be needed to assess the existing condition of community facilities and plan for needed improvements to meet the changing population and economic characteristics of the community.
4. Application: The community facilities inventory and assessment shall include, but not be limited to, the following items:
(i) Transportation Network: The transportation network consists of roads, highways, sidewalks (pedestrian pathways), signalization and signage, bridges and public transportation. An inventory and assessment of the aspects of the transportation network should include condition, adequacy, and function. When appropriate, the transportation assessment should include items such as railroads and airports. A summary of specific improvements or additional facilities needed should be outlined.
(ii) Water Supply and Treatment: Water supply is critical in both rural and urban areas for residential and industrial developments. Communities with water supply and treatment systems should be aware of the life expectancy and adequacy of those systems to service both the existing population and any increase that may occur in either residential, industrial or agricultural usage. Can the existing system provide for increased growth. If not, what improvements will be needed and when, based on population projections?
(iii) Sewerage System and Wastewater Treatment: Local governments that provide sewer lines and sewage treatment facilities should ensure that the current system is adequate to serve the existing population and should determine where improvements are needed. Communities projecting increased population shall evaluate the remaining capacity of the current system to accommodate the projected population. If it is determined to be inadequate, what level of service is needed? In those communities that do not have sewerage systems, but project an increase in population, consideration should be given to whether a system should be developed.
(iv) Solid Waste Disposal: Sanitary landfills in the state are fast filling to capacity and future disposal sites could be costly and frequently face local opposition. Each community shall evaluate its existing solid waste disposal system in terms of adequacy and life expectancy, even if this service is contracted out, and consider future needed facilities. Options available in terms of recycling and other "waste" reduction programs should be considered
(v) Public Safety: The public safety program within each community shall be evaluated in terms of the facilities provided, the adequacy of these facilities, and what level of service is desirable. Each community should determine what facilities can best be provided by that community. In communities projecting increases in population and economic growth, consideration should be given to the facilities which will serve new residents and businesses.
(vi) Fire Protection: Fire protection services vary from strictly volunteer forces to sophisticated urban fire services including fire suppression, prevention and training divisions. Each community shall inventory its existing facilities and determine the adequacy to meet the needs of the existing residents and businesses. The community should determine if this level of service is acceptable or if it would prefer a higher level of service. Each community projecting residential or economic growth should consider needed fire service improvements.
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(vii) Emergency Medical Services: Each community shall inventory its existing emergency medical services and the adequacy of such services. Each community shall detennine the improvements necessary to support the existing and projected population.
(viii) Recreation: Each community shall inventory its existing recreation facilities in terms of its adequacy to meet the existing and projected population. Where deficiencies are identified, the community should detennine what improvements are needed.
(ix) General Government: Each community shall inventory and assess the adequacy of existing general government facilities. Where communities have projected population and economic base growth, the impacts of such growth on existing general government facilities should be evaluated and recommendations made regarding needed facility improvements. General government facilities include such items as city halls, county courthouses, administration buildings, and public works facilities.
(x) Education Facilities: An inventory and assessment of the educational facilities serving each community shall be undertaken. This shall include an inventory of facilities ranging from preschool education through graduate education to adult education and vocational training. An analysis shall be made of the adequacy of the facilities and detenninations regarding needed improvements to these facilities should be identified.
(xi) Libraries and Other Cultural Facilities: An inventory of items such as libraries, museums, theaters, amphitheaters, auditoriums, civic centers, botanical gardens and other cultural facilities shall be completed. Once the inventory is completed, the community should detennine if these facilities are adequate to serve the existing and projected population levels.
(e) Housing Element.
I. Purpose: The provision of adequate and affordable housing is a critical component of any local government's development strategy. Each community shall assess the adequacy of its existing housing stock and make projections based upon this assessment.
2. Data Support: The department will provide municipalities, counties regional development centers with available historic, current, and projected housing data and infonnation. The availability of uniform housing data vary significantly between large and small local governments. For example, limited housing data is available for municipalities under 2,500 population. Larger municipalities and counties have substantially more housing data available. If data is not available through the department, the regional development center, or local sources, the local government should address that particular item to the best of its ability.
3. Intent: The housing analysis and projections follow from the housing inventory, the identified needs and the population projections. Each community should consider various options to adequate and affordable housing for the existing and projected population. Options could include such items as encouraging private investment to help meet identified needs; provision of upgraded public facilities to attract housing development; creation of a local housing authority to help provide affordable housing; increased housing densities; consideration of housing types such as manufactured homes, and other similar actions.
4. Application: The housing supply inventory and assessment shall include, but not be limited to following items:
(i) Location of Housing Units: The location of housing throughout the community as well as the location of vacant parcels that are available for residential development
(ii) Types of Housing Units: The types of housing to be identified in the inventory shall include single and multi-family dwellings. Some local governments may wish to include more detailed categories of
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single and multi-family dwellings. Some local governments may wish to include more detailed categories of housing types and are encouraged to do so.
(iii) Age and Condition or Housing: An analysis of the overall age and condition of the housing stock should be undertaken.
(iv) Owner & Renter Occupied Units: Generally, available data will enable commumtles to determine the numbers and percentages of owner occupied and rental occupied units within the community. Vacancy rates for both owner and renter occupied units should be calculated and the results considered in the comprehensive plan.
(v) Cost or Housing: The ranges of purchase prices for owner occupied units and the average monthly rent for renter occupied units should be determined and assessed.
(f) Land Use Element.
1. Purpose: It is important for a local government to understand the pattern of existing land uses within its community. The land use element will allow a community to determine a desirable arrangement of land uses to achieve effective and efficient delivery of public services, protection of natural resources, and protection of individual property rights.
2. Data Support: Much of the data and information needed to complete an analysis of existing land use in a municipality or county cannot be provided or mapped by the department. Items such as the general locations of existing commercial, residential or industrial areas within a local government's boundary must be identified locally. The information needed for this element must be gathered and mapped locally and, in conjunction with information contained in other planning elements, will form the basis for a community's future land use plan and policies. However, the department may provide a community base map to each local government.
3. Intent: Land use analyses and maps can be invaluable tools for decision makers at both the municipal and county government levels.
(i) Existing Land Use Map: The existing land use map will illustrate the current land use pattern in a community. At this point in the comprehensive planning process, the development constraints identified during the inventory and analysis of the natural resource element should be considered by the local government by indicating sites on the existing land use map and/or making a list of the sites identified. Each local government should then consider population levels, housing supply and demand, economic activity and needed community facility improvements and determine where these should be located in its community, while ensuring:
(I) Effective and efficient delivery of public services;
(II) Protection of natural resources; and
(III) Protection of individual property rights.
(ii) Future Land Use Map: The future land use map can then be used by the community to guide the community leadership when making decisions that will affect future development options. The map is not intended to dictate actual future land use activity locations; but rather is intended to be a generalized guide for the community.
4. Application: The existing land use map and the future land use map shall include, but not be limited to, the following land use items. If a local government desires to provide more detailed categories of land uses, they are encouraged to do so.
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(i) Residential: The predominant use of land within the residential category is for single family and multi-family dwelling units.
(ii) Commercial: The predominant uses in this category are retail sales, office and service facilities. Commercial uses may be located as a single use in one (1) building or as part of an office building or shopping center.
(iii) Industrial: This category indicates the locations of manufacturing facilities, processing plants, factories, or other similar uses.
(iv) Agricu1turaIlForest/Min~ng: The predominant uses in this category are farming, timber production, and mineral extraction activities.
(v) Public or Semi-public: This category includes a local government's community facilities, general government, and institutional land uses. Examples of land uses in this category include schools, general government administrative facilities (e.g. city hall, county courthouse, etc.), sewage and water treatment facilities, landfills, health facilities, churches, cemeteries, libraries, police and fire stations, and similar uses.
(vi) Recreation/Park/Open Space: The parks, recreation, and open space land use category is for those areas of a community that have been developed or are proposed to be developed for park or recreation use or are designated as open space. Open space is land that has been set aside to provide aesthetic landscaped areas around buildings and/or to create a buffer between different land uses.
(vii) Vacant/Undeveloped: The vacant and undeveloped category applies to land that has never been developed for a specific use and land that was developed for a particular use but has been abandoned by the property owner.
(g) Implementation Strategy.
1. Purpose: The purpose of the implementation strategy is to ensure that the comprehensive plan developed by a community is used by the community leaders as a guide to make decisions affecting the community's future. Too often in the past. comprehensive plans have been developed for communities but not used to help guide decisions. It is the intent of the planning act for plans to be developed so that they can be implemented and used in the local, regional, and state decision-making process. To be implemented, a local plan must have the support of the governing officials, of the local residents and of the local businesses and developers. Without resident and community involvement in the process, implementation will be difficult. at best. A community and its residents must feel ownership in its plan and the plan must contain appropriate goals for the community and address unique needs and aspirations.
2. Data Support: A listing of "Implementation Tools" and "Training and Information Resources" will be made available by the department for communities as they develop and implement plans. In terms of major facilities, such as water and sewer systems, solid waste disposal facilities, or a major highway bypass around a community, communities should consider the needs ten (10) years into the future so that the time required in developing such projects and the major costs involved in such projects can be taken into consideration.
3. Application: Short Term Work Programs are to be developed and will provide a detailed implementation plan covering five (5) year intervals. The initial Short Term Work Program shall cover the first five (5) years of the twenty (20) year comprehensive plan. The Short Term Work Program shall include, but not be limited to, the following items:
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(i) Community and economic programs/projects to meet the goals and objectives identified in the comprehensive plan over the next five (5) years. This will include a brief description of the program/project, its objective, and any cost estimates necessary to fund the program/project Alternative sources of funding should also be identified.
(ii) Public facilities necessary to meet the standard of living desired by the community for the existing residents and the projected population five (5) years into the future. Cost estimates and alternative sources of funding for these projects should be identified.
(iii) A general description of any land development regulations expected to be adopted or amended to help achieve the goals and objectives of the comprehensive plan in the next five (5) years. Land development regulations can vary from building codes to subdivision regulations and may include zoning ordinances, performance standards or economic development standards. A comprehensive plan does not require a zoning ordinance for implementation. A zoning ordinance is often not the appropriate tool for this purpose.
4. Updates to the Short Term Work Program: Updates to the short term work program must be submitted to the regional development center by the local government six (6) months prior to the expiration of the existing short term work program and should follow the procedures as outlined in Chapter 110-3-2.06, Minimum Procedural Standards.
5. Updates to the Comprehensive Plan: Updates to the comprehensive plan must occur, at a minimum, every ten (10) years. However, at the five (5) year benchmark, community leaders should determine if the comprehensive plan needs a major update or revision, based upon the degree of change in the community. If little has changed in the community, a small revision will be sufficient to address changes in the community. If future population projections contained in the original plan are significantly inaccurate or the economic base of the community has seen a significant turnaround, a more thorough revision of the comprehensive plan should be initiated. The procedures for amendment or update to a comprehensive plan are outlined in Chapter 110-3-2-.06, Minimum Procedural Standards.
CHAPTER 110-3-2-.05 ADDITIONAL PLANNING ELEMENTS
11032.05 Additional Planning Elements.
(1) General: A regional development center, pursuant to Code Section 50-8-35(c)(4,) may require that local government comprehensive plans within its region include elements in addition to those established by the department as minimum standards and procedures, but before imposing such requirement, the center shall have received the department's approval for the additions.
(2) Process for Approval: Pursuant to the provisions outlined at 50-8-35, the department reserves the right to establish procedures and guidelines for the consideration of additional planning elements to be recommended by the board of directors of the regional development center as additional minimum local planning standards. Such procedures and guidelines shall be promulgated pursuant to the Administrative Procedure Act
CHAPTER 110-3-2-.06 MINIMUM PROCEDURAL STANDARDS
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110-3-2-.06 Minimum Procedural Standards.
(1) General: The department of community affairs, pursuant to Code Sections 50-8-7.1 (b) and 50-8-7.2, is authorized to establish minimum standards and procedures for coordinated and comprehensive planning, including standards and procedures for the preparation of plans, implementation of plans, and participation in the coordinated and comprehensive planning process. These code sections also provide that the department shall incorporate the minimum 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 Code Section 12-2-8.
(a) Applicability: The following procedures were developed by the department through an extensive policy development process involving the General Assembly, representatives of the private sector, and staff of state agencies, local governments, the university system, and regional development centers. These procedures are to be used in the preparation, submission, adoption, update, and amendment of local government comprehensive plans.
(b) Variances: In instances where a local government has existing, or proposes new, procedural practices which differ from these minimum procedural standards, yet meet the intent of these rules, the department may grant the requesting local government a variance to the minimum procedural standard requirements to recognize special or unique local conditions. Such variance may be requested by a local government after fIrst receiving a recommendation on the proposed local variance from the appropriate regional development center. The procedural standards presented in this chapter are minimum in nature and local governments are encouraged to exceed these standards where appropriate, and when such procedures clearly exceed the minimums, approval of the department is not required.
(2) Schedule for Compliance with Standards: It is understood that compliance with the minimum planning standards by municipalities and counties in the state will take several years. Therefore, a schedule for local government compliance with the minimum planning standards and procedures shall be developed by the department, with the assistance of regional development centers and local governments in the state.
(a) Local governments in the state shall prepare and submit a plan for review for conformity with the minimum planning standards and procedures on or before the date established pursuant to this process. In no event, however, shall the date be later than September 30,1995. Local governments, in conjunction with regional development centers and the department, will establish a schedule for local planning to be completed by municipalities and counties in an orderly sequence throughout the fIve (5) year planning time frame. However, no local government comprehensive plan will be due prior to September 30, 1991.
(b) Nothing in this process shall be construed to prohibit a community from preparing and submitting a local government comprehensive plan that meets the minimum planning standards outlined herein prior to the scheduled date for compliance.
(c) Factors and considerations to be used by the department, regional development centers and local governments in determining which local governments need priority for planning will include a community's population growth rate, economic development considerations, environmental factors, the readiness of a community to begin planning, as well as other factors that may arise.
(d) Local governments failing to prepare and submit a plan meeting the minimum standards and procedures on or prior to the date established pursuant to this process shall not receive the designation of a "QualifIed Local Government".
(3) Pre-existing Plans: Communities that have prepared a comprehensive plan within the past fIve (5) years will be provided guidance and assistance by the department and the appropriate regional development center in bringing the plan into compliance with the minimum planning standards and procedures. Plans will be reviewed and recommendations made concerning items needed to bring the local government plan(s)
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will be reviewed and recommendations made concerning items needed to bring the local government planes) into compliance.
(4) Public Participation and Plan Submission Requirements: All local governments must hold a minimum of two (2) public hearings prior to the submission of the local government comprehensive plan to the regional development center for review.
(a) One hearing must be held prior to the development of the plan to inform the public on the purpose of the plan, the process to be followed in the preparation of the plan, and to elicit community input on community needs and issues. Local governments should follow the public hearing notification procedure normally employed by that municipality or county in announcing and conducting such hearings.
(b) One hearing must be held prior to the submission of the plan to the regional development center for review and comment The purpose of this hearing is to brief the community on the contents of the plan, provide an opportunity for residents to make suggestions, additions or revisions, and notify the community of the expected date the plan will be submitted to the regional development center.
(c) The governing body of the submitting local government must take official action, by resolution, authorizing the transmittal of the plan for review, comment, and recommendation to the regional development center and certify that minimum public participation requirements have been met.
(5) Regional Development Center Review: The regional development center shall:
(a) Review the plan for compliance with the minimum planning standards;
(b) Review the plan for compliance with the minimum procedural standards;
(c) Review the plan for compliance with any "additional planning element(s)" adopted by the regional development center and approved by the department; and
(d) In consultation with other local governments in the region, determine whether the adoption or implementation of the local plan would present any conflict with other plans or policies of other governmental units.
(6) Regional Development Center Action:
(a) Step 1: Within ten (10) days after receipt of the local comprehensive plan, the regional development center shall notify the following of the availability of the plan. This notification shall include, at a minimum, the name(s) of the submitting local government, the date of plan submission, and the general nature of the plan.
1. Municipalities and counties within its region that are contiguous to the submitting local government and others which may be affected by the plan;
2. Any local government outside the region contiguous to the submitting local government and the contiguous local government's regional development center, and
3. The state agencies represented on the governor's development council.
(b) Step 2: Within fifteen (15) days after notifying local governments, the appropriate regional development centers and state agencies about the submission of the plan, the regional development center shall conduct a public hearing at which any local government, regional development center or state agency which received a notice may present its views on the local plan. The rules for the conduct of such hearings must be adopted by the board of directors of the regional development center and be submitted to the
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must be adopted by the board of directors of the regional development center and be submitted to the department for approval.
(c) Step 3: Within fifteen (15) days after the conduct of the hearing outlined at 110-3-2-.06, the regional development center shall, in writing:
1. Recommend approval of the plan to the department and notify the submitting local government of such approval;
2. Recommend approval of the plan to the department and offer specific recommendations to the submitting local government to improve the plan. These recommendations shall also be provided the department;
3. Recommend disapproval of the plan to the department and the submitting local government based upon noncompliance with the minimum standards and procedures and recommend measures to correct the deficiencies. Such recommendations shall also be provided the department; and
4. Identify the conflicts with other plans in the region, plans of contiguous local governments outside the region, or regional plans to the department and the submitting local government and recommend modifications to eliminate or alleviate the conflict. Such recommendations shall also be provided the department.
(d) Step 4: Within ten (10) days after the regional development center's determination is made public, the submitting local government may petition the regional development center for a "reconsideration hearing". This hearing shall be scheduled and held by the regional development center within fifteen (15) days after receipt of such request
(e) Step 5: Within ten (10) days after the reconsideration hearing conducted pursuant to 110-3-2-.06, the regional development center shall either continue or modify its determination and make its final public determination to the submitting local government and to all parties listed at 11O-4-6-.06(6)(a).
1. Any official action or determination(s) made by the regional development center on submitted local government plans shall be provided the members of the executive committee of the regional development.
2. A request for mediation, authorized by Code Section 50-8-7.1(d), may be initiated at any time throughout this plan review process by an affected local government, the cognizant regional development center, or the department
(t) Step 6: The regional development center shall notify the department within seven (7) days after being notified the governing body of the submitting local government that it has taken official action to adopt the plan prepared in accordance with the minimum standards and procedures.
(g) Step 7: In no event shall a municipality or county take any official action to adopt a local plan, or put into effect any local plan, until sixty (60) days after the date when the municipality or county, as the case may be, submitted the plan to the regional development center for review, comment, and recommendation, except that any request for reconsideration in accordance with the planning act shall automatically extend the period to ninety (90) days.
(7) Local Government Options: A local government has several options available to it once its plan has been reviewed by the regional development center for compliance with the standards outlined at 110-3-2.03, 110-3-2-.05, and 110-3-2-.06.
(a) A local government may adopt the plan as submitted if no recommendations are suggested by the
regional development center.
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(b) A local government may adopt the plan with the recommendations made by the regional development center.
(c) A local government may revise the plan based upon the comments and recommendations made by the regional development center and submit the proposed revisions to the regional development center for review and recommendation.
(d) A local government, in reviewing the comments and recommendations made by the regional development center on the submitted plan, may disagree with the comments and recommendation made by the regional development center and request a reconsideration hearing.
(e) A local government may disagree with the comments and determination of the regional development center and adopt the plan as originally submitted. To be considered a "Qualified Local Government", however, the plan adopted must be in compliance with the minimum planning standards and procedures.
(8) Local Government Adoption: The governing body of the submitting local government shall notify the regional development center, in writing, within seven (7) days of the "Official Adoption" of the plan prepared in accordance with the minimum planning standards and procedures. No such adoption shall
occur prior to the date or dates, as the case may be, outlined at 11O-3-2-.06(6)(g), and the planning act.
(9) Department Action: Once the department has been notified by the cognizant regional development center that a local government has prepared, submitted for review, and officially adopted a plan prepared pursuant to the provisions of 110-3-2-.04, 110-3-2-.05, and 110-3-2-.06, the department may issue a letter of Plan Approval to the submitting local government. Notwithstanding anything to the contrary herein, the department, having plenary authority over the plan approval process, reserves the right to make an independent decision based upon the minimum planning standards and procedures. Such approval shall expire five (5) years from the date of adoption of the plan by the governing body of the submitting local government(s) and shall coincide with the period covered by the short term work program.
(10) Plan Updates and Amendments: All Plan Updates, Amendments, and the preparation of the new short term work program, must adhere to the procedures outlined below. Review of local plan updates and amendments shall follow the procedures outlined at 110-3-2-.06.
(a) Alilacal governments shall prepare and submit updates to approved local comprehensive plans at least once every ten (10) years, though five (5) year updates are recommended
1. A notice of intent to update the plan shall be announced and one public hearing conducted to brief the community on the process to be used and to elicit community input.
2. This hearing must be held prior to submitting the Plan Update to the regional development center for review and comment. The purpose of this hearing is to brief the community on the contents of the Plan Update, provide an opportunity for residents to make suggestions, additions, or revisions, and notify the community of the expected date the Update will be submitted to the regional development center.
3. Local governments should follow the notification procedure normally used by that city or county in announcing and conducting such hearings.
(b) For plan amendments, one public hearing shall also be held to inform the public of the intent to amend the plan and to receive suggestions and comments on the proposed amendment
1. A local government comprehensive plan would be subject to an amendment when the submitting local government feels the conditions on which the original plan were based have changed significantly so as to alter the basic tenets of the approved plan.
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2. It is not intended that each minor amendment to an approved comprehensive plan being considered by a local government be submitted for review to the regional development center. Proposed amendments which are strictly local in nature and would not be considered to have an effect on another local government need not be submitted to the regional development center for review. A summary of such minor amendments shall be submitted annually to the regional development center with a statement by the local government that the individual and cumulative effects of the minor amendments do not significantly alter the basic tenets of the approved plan.
3. Local governments should follow the notification procedure normally used by that city or county in announcing and conducting such hearings.
(c) Local governments submitting an update or amendment which have existing, approved plans pursuant to the standards and procedures outlined herein shall prepare and submit to the regional development center for review a revised short term work program if the plan update or amendment affects the existing short term work program.
(d) Local governments which have approved plans prepared pursuant to the minimum standards and procedures outlined herein shall prepare and submit to the regional development center for review, a summary of the short term work program. This summary shall identify a local government's accomplishments in implementing its plan.
1. The summary shall be prepared in such form as may be prescribed by the department and shall be prepared and submitted to the regional development center no later than six (6) months prior to the expiration of the currently approved short term work program.
2. Concurrent with the submission of the summary of the currently approved short term work program, local governments shall prepare and submit a new short term work program covering the next five (5) years.
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