Ga. Comp. R. & Regs. 110-12-2-.03

Current through Rules and Regulations filed through December 24, 2024
Rule 110-12-2-.03 - Comprehensive Planning Requirements
(1) Purpose: Linking the implementation of a local development impact fee ordinance to the comprehensive planning process ensures that projected needs for system improvements are consistent with the needs and goals identified in the various other elements of the comprehensive plan. In addition, the identification of projected capital facilities needs based on levels of service established in the comprehensive plan provides a sound foundation for the calculation of impact fees.
(2) Application: The comprehensive planning requirements for compliance with the Georgia Development Impact Fee Act shall consist of:
(1) development of a Capital Improvements Element (CIE);
(2) a policy statement in support of certain exemptions, as determined by the local government;
(3) annual update of the CIE; and
(4) amendment of the CIE as necessary.
(a) Capital Improvements Element: The Capital Improvements Element shall include, but not be limited to, the following items:
1. Projection of Needs: A projection of needs for system improvements during a planning horizon established in the comprehensive plan. To ensure consistency, the time frame used for projecting infrastructure needs shall coincide with the planning horizon used for the remainder of the comprehensive plan.
2. Schedule of Improvements: A schedule of capital improvements intended to meet the projected needs for system improvements identified in the comprehensive plan. At a minimum, improvements shall be scheduled over a five-year period, coinciding with the initial Short Term Work Program developed in the comprehensive plan. Thereafter, local governments shall annually update and maintain, at a minimum, a five-year schedule of system improvements within the Capital Improvements Element of their comprehensive plans.
3. Description of Funding Sources: A description of anticipated funding sources for each required improvement.
4. Designation of Service Areas and Levels of Service: The designation of one or more service areas within the community and the assignment of levels of service for public facilities within each service area. Once assigned to each service area, levels of service shall be used as the basis for calculating impact fees.
(b) Policy Statement for Exemptions: Local governments wishing to exempt all or portions of particular development projects from impact fees for the purposes of encouraging economic development and employment growth or affordable housing must include in the comprehensive plan a policy statement supporting such exemptions and must fund system improvements supporting such projects through revenue sources other than development impact fees.
(c) Annual Update of the CIE: Local governments which include CIEs in their comprehensive plans must update their entire Short Term Work Programs annually as specified at 110-12-1-.04(7)(a), Minimum Standards and Procedures for Local Comprehensive Planning, and CIE Updates must be submitted for review concurrently with these Short Term Work Program updates in accordance with the procedures outlined at 110-12-2-.04(9). CIE updates must include:
1) the Annual Report on impact fees required under O.C.G.A. 36-71-8; and
2) a new fifth year schedule of improvements, and any changes to or revisions of previously listed CIE projects, including alterations in project costs, proposed changes in funding sources, construction schedules, or project scope.
(d) Amendments to the CIE: The CIE must be amended in accordance with the procedures outlined at 110-12-2-.04(10) whenever it is necessary for a local government to:
1. Redefine growth projections, land use assumptions or community goals that would affect system improvements proposed in the CIE;
2. Add new impact fee service areas or change the boundaries of existing impact fee service areas;
3. Change service levels established for an existing impact fee service area; or
4. Make any other revisions that might have a negative effect or major impact on another jurisdiction or authority.
(3) Support: The department will provide municipalities, counties and regional development centers with general guidance regarding the preparation of the required Capital Improvements Element and its incorporation into the comprehensive plan.

Ga. Comp. R. & Regs. R. 110-12-2-.03

O.C.G.A. Sec. 50-8-7.

Original Rule entitled "Comprehensive Planning Requirements" adopted. F. Mar. 21, 1997; eff. May 1, 1997, as specified by the Agency.