Rule 110-12-2-.04 - Procedural Requirements(1) General: Pursuant to O.C.G.A. 50-8-7.1(b), the Department has established minimum procedural standards for use in the process of developing a CIE. The following procedures are to be used in the preparation, submittal, review, adoption, update, and amendment of a CIE for one of the categories of public facilities described under O.C.G.A. 36-71-2.(2) Compliance with Standards: All local governments intending to implement a development impact fee ordinance pursuant to O.C.G.A. 36-71-1shall prepare, submit for review, and subsequently adopt a CIE that meets these planning standards and procedures on or before the date their impact fee ordinance goes into effect.(3) Public Participation: All local governments must hold a minimum of two public hearings prior to the submittal of their draft CIE to the regional development center for review. (a) At least one public hearing must be held prior to the development of the CIE to inform the public about the purpose of the CIE and the process to be followed in the preparation of the CIE, as well as to elicit community input on needs and goals. Local governments should follow the public hearing notification procedures they normally use in announcing and conducting public hearings.(b) At least one additional hearing must be held just prior to the submittal of the draft CIE to the regional development center for review. The purpose of this hearing is to brief the community on the contents of the draft CIE, to provide an opportunity for residents to make suggestions, additions or revisions, and to notify the community of when the draft CIE will be submitted to the regional development center for review.(4) CIE Submittal: The governing body of the submitting local government must take official action, by resolution, authorizing the transmittal of the draft CIE to the regional development center for review and certifying that the minimum public participation requirements have been met.(5) Review by Regional Development Center and the Department: The Department shall review local ClEs for compliance with the Development Impact Fee Compliance Requirements. The regional development center shall review CIEs for internal consistency and for any conflicts with plans of local governments within the region, plans of contiguous local governments outside the region, or any regional plans. The procedures to be used in reviewing local ClEs are as follows: (a) Within ten days after receipt of a draft CIE, the regional development center shall notify the parties listed at 1. through 3., below, of the availability of the CIE for review and comment. This notification shall include, at a minimum, the name(s) of the submitting local government(s), the date of CIE submittal and the general nature of the CIE. Notice shall be provided to:1. Local governments within the region that are contiguous to the submitting local government, and other local governments within the region that are likely to be affected by the CIE;2. Local governments outside the region that are contiguous to the submitting local government, and their regional development center(s); and3. Affected state agencies and the Department.(b) Within 15 days after notifying the parties listed above, the regional development center shall conduct a hearing at which any local government, regional development center or state agency may present its views on the submitted CIE. The rules for conducting such hearings must be adopted by the board of directors of the regional development center and approved by the Department.(c) Within 40 days of the date the CIE was originally submitted to the regional development center for review, the Department will provide the regional development center with its findings regarding its review of the CIE for compliance with the Development Impact Fee Compliance Requirements.(d) Within 50 days of the date the CIE was originally submitted to the regional development center for review, the regional development center must complete its review of the draft CIE and transmit its report of findings and recommendations to the local government. The regional development center's report shall combine the findings of the Department and the regional development center, to include: 1. a copy of the Department's findings from its review of the CIE for compliance with the Development Impact Fee Compliance Requirements;2. a summary of the regional review hearing on the CIE, detailing any significant issues raised at the hearing or any written comments submitted by parties that reviewed the draft CIE;3. the regional development center's findings from its review of the draft CIE for: internal consistency, conflicts, or opportunities for cooperation with other governments; and4. the regional development center's recommendations for addressing any findings identified in its review of the draft CIE.(e) A complete copy of the regional development center's report of findings and recommendations must be sent to the Department at the same time it is mailed to the local government.(f) Within ten days after the regional development center's recommendation is made public, a submitting local government that disagrees with the recommendation may petition the regional development center for a "reconsideration hearing." This hearing shall be scheduled and held by the regional development center within 15 days after receipt of such a request. Within ten days after the reconsideration hearing, the Department and the regional development center shall either continue or modify their original recommendations and provide written notice of the decision to the submitting local government.(g) Informal or formal mediation of conflicts relating to CIEs may be initiated in accordance with the Rules of Mediation of Interjurisdictional Conflicts adopted by the Board of Community Affairs.(h) In no event shall a local government take any official action to adopt or put into effect a CIE prepared in accordance with the Development Impact Fee Compliance Requirements until at least 60 days after the CIE is first submitted to the regional development center for review. In cases where reconsideration is requested, the period shall be a minimum of 90 days.(i) The regional development center shall notify the Department within seven days after being notified that the CIE prepared in accordance with the Development Impact Fee Compliance Requirements has been adopted.(6) Local Government Action:(a) If the Department determines that the CIE meets the Development Impact Fee Compliance Requirements, the local government may:1. Adopt the CIE as submitted if no suggestions for improvement are made by the regional development center; or2. Adopt the CIE, with or without any suggested improvements made by the regional development center.3. In no event, however, shall a local government adopt a CIE that meets the Development Impact Fee Compliance Requirements until at least 60 days after the CIE is submitted to the regional development center for review.(b) If the Department determines that the CIE does not meet the Development Impact Fee Compliance Requirements, the local government may:1. Revise the CIE based upon the Department's comments and submit the proposed revisions to the regional development center for review;2. Disagree with the recommendation and request a reconsideration hearing; or3. Disagree with the recommendation and adopt the CIE as originally submitted. However, for a local government to be in compliance with the Development Impact Fee Act, the CIE adopted must be approved by the Department as meeting the Development Impact Fee Compliance Requirements.(7) Local CIE Adoption: The governing body of the submitting local government shall notify the regional development center, in writing, within seven days of the adoption of the CIE prepared in accordance with the Development Impact Fee Compliance Requirements. No such adoption shall occur until 60 days after the CIE is first submitted to the regional development center for review, or 90 days if reconsideration is requested.(8) Department Action: Once the Department has been notified by the regional development center that a local government has adopted a CIE in accordance with the Development Impact Fee Compliance Requirements, the Department may issue a letter certifying the submitting local government as being in compliance with the Development Impact Fee Act. To retain this certification, a local government must remain in compliance with the requirements outlined in these Development Impact Fee Compliance Requirements.(9) Updates to CIEs and Short Term Work Programs: Annual CIE and Short Term Work Program updates as described at 110-12-2-.03(2)(c), Comprehensive Planning Requirements, shall follow the submittal and review procedures outlined at 110-12-2-.04(3) through (8) with the following exceptions: (a) Only one public hearing must be held, for the purpose of informing the public of the intent to update the work program and receiving suggestions and comments on the proposed update.(b) The regional development center will determine, within ten (10) days of submittal, if the short term work program update affects the CIE's compliance with the Development Impact Fee Compliance Requirements: 1. If the regional development center determines that the update does not affect the CIE's compliance with the Development Impact Fee Compliance Requirements, the review process shall omit review by the Department as outlined at 110-12-2-.04(5)(c), and the regional development center shall complete its review and transmit its report of findings as outlined at 110-12-2-.04(5)(d) within 40 days of the date the update was originally submitted to the regional development center for review.2. If the regional development center determines that the annual Short Term Work Program update may affect the CIE's compliance with the Development Impact Fee Compliance Requirements, the review process shall continue as outlined at 110-12-2-.04(5) through (8).(c) The regional development center shall maintain a file of annual updates as they are submitted by local governments and shall make them available to interested parties upon request. The regional development center shall notify the Department that the local government has updated it Short Term Work Program in accordance with the requirements for annual Short Term Work Program updates contained in these Development Impact Fee Compliance Requirements.(10) CIE Amendments: (a) Proposed amendments to CIEs, as described at 110-12-2-.03(2)(d), Comprehensive Planning Requirements, shall follow the submittal and review procedures outlined at 110-12-2-.04(3) through (8), with the following exceptions: 1. Only one public hearing must be held, for the purpose of informing the public of the intent to amend the CIE and receiving suggestions and comments on the proposed amendment.2. The regional development center will determine, within ten (10) days of submittal, if the proposed CIE amendment affects the CIE's compliance with the Development Impact Fee Compliance Requirements:(i) If the regional development center determines that the proposed amendment does not affect the CIE's compliance with the Development Impact Fee Compliance Requirements, the review process shall omit review by the Department as outlined at 110-12-2-.04(5)(c) and the regional development center shall complete its review and transmit its report of findings as outlined at 110-12-2-.04(5)(d) within 40 days of the date the amendment was originally submitted to the regional development center for review.(ii) If the regional development center determines that the proposed CIE amendment may affect the CIE's compliance with the Minimum Standards and Procedures, the review process shall continue as outlined at 110-12-2-.04(5) through (8).Ga. Comp. R. & Regs. R. 110-12-2-.04
O.C.G.A. Sec. 50-8-7.
Original Rule entitled "Procedural Requirements" adopted. F. Mar. 21, 1997; eff. May 1, 1997, as specified by the Agency.