Rule 110-12-2-.02 - Definitions(1) General: For the purposes of this chapter, the following words shall have the meaning as contained herein unless the context does not permit such meaning. Terms not defined in this chapter but defined in O.C.G.A. § 36-71-1et seq, shall have the meanings contained in O.C.G.A. § 36-71-1et seq. Terms not defined in this chapter, nor in O.C.G.A. § 36-71-1et seq., shall have ascribed to them ordinary accepted meanings such as the context may imply.(2) Definitions: (a) 'Capital Improvement' means an improvement with a useful life of ten years or more, by new construction or other action, which increases the service capacity of a public facility.(b) 'Capital Improvements Element' means a component of a comprehensive plan adopted pursuant to O.C.G.A. § 50-8-1et seq. which sets out projected needs for system improvements during a planning horizon established in the comprehensive plan, a schedule of capital improvements that will meet the anticipated need for system improvements, and a description of anticipated funding sources for each required improvement.(c) 'Comprehensive Plan' means a 20-year 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 O.C.G.A. 50-8-7.1(b) and 50-8-7.2.(d) 'Development Impact Fee' means a payment of money imposed upon development as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve new growth and development.(e) 'Level of Service' means a measure of the relationship between service capacity and service demand for public facilities in terms of demand to capacity ratios or the comfort and convenience of use or service of public facilities, or both.(f) 'Project Improvements' means site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project and are not system improvements. The character of the improvement shall control a determination of whether an improvement is a project improvement or system improvement, and the physical location of the improvement on-site or off-site shall not be considered determinative of whether an improvement is a project improvement or a system improvement. If an improvement or facility provides or will provide more than incidental service or facilities capacity to persons other than users or occupants of a particular project, the improvement or facility is a system improvement and shall not be considered a project improvement. No improvement or facility included in a plan for public facilities approved by the governing body of the municipality or county shall be considered a project improvement.(g) 'Public Facilities' means:1. Water supply production, treatment and distribution facilities;2. Wastewater collection, treatment and disposal facilities;3. Roads, streets and bridges, including rights of way, traffic signals, landscaping and any local components of state or federal highways;4. Stormwater collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements;5. Parks, open space and recreation areas, and related facilities;6. Public safety facilities, including police, fire, emergency medical and rescue facilities; and7. Libraries and related facilities.(h) 'Service Area' means a geographic area defined by a municipality, county or intergovernmental agreement in which a defined set of public facilities provides service to development within the area. Service areas shall be designated on the basis of sound planning or engineering principles, or both.(i) 'System Improvements' means capital improvements that are public facilities and are designed to provide service to the community at large, in contrast to 'project improvements!Ga. Comp. R. & Regs. R. 110-12-2-.02
O.C.G.A. Sec. 50-8-7.
Original Rule entitled "Definitions" adopted. F. Mar. 21, 1997; eff. May 1, 1997, as specified by the Agency.