Ga. Comp. R. & Regs. 110-20-1-.05

Current through Rules and Regulations filed through October 17, 2024
Rule 110-20-1-.05 - Application Content
(1) The following rules are designed to assist applicants in submitting complete REAP applications that meet the intent of the program.
(2) All applications shall attach a detailed description of the project, showing the scope and design of the project. Project descriptions shall describe the entire project, the interested and participating parties (whether public or private) and the manner and extent of their participation, and shall contain a statement regarding public access to and use of the project. The project description shall also indicate where the project is located, the size of the project (in acres), a brief history of the project, and the potential impacts on the region where it is located. The description shall also identify the developer and describe his or her role in the project. Additional information should include a summary property management plan that outlines a plan for the renting and merchandising of the project, the operation and maintenance of the project and what party(s) will be responsible for the financial and day-to-day management of the project.
(3) For projects that contain adjacent facilities, the reciprocal use agreement(s) shall be included as attachments to the application.
(4) All applications shall attach three copies of a map of the project, which map shall include all adjacent facilities. Such map shall be prepared in accordance with the following minimum standards and specifications:
(a) Material.
(i) A licensed professional surveyor shall survey and map the project area or use local tax maps and revise them to include such other information as required by these Rules. The resulting maps or plats submitted to the Department shall be a good legible copy, such as a blue, white, or other commercial print reproduced from an original;
(ii) The map shall be compiled at a scale of no less than one inch equals four hundred feet (1 inch = 400 feet) and drawn on 17-inch by 22-inch paper if the project is between 250 acres and 1000 acres. If the project is greater than 1000 acres, the map shall be drawn on 24-inch by 36-inch paper (or in a substantially similar manner);
(iii) The minimum line widths shall be 0.013 inches and letter or character heights delineated on such map shall have a minimum height of 0.080 inches (or in a substantially similar manner).
(b) Content.
(i) The map shall display the boundaries of the project, including all adjacent facilities, and shall clearly demonstrate the location of the project in relation to all adjacent facilities;
(ii) The map shall display and identify any local government boundaries within the map extent. Such boundaries shall be uniquely symbolized (i.e., type and thickness) and all jurisdictions shall be identified;
(iii) The map shall display the zoning of all properties displayed (where applicable);
(iv) The map shall contain a legend that clearly identifies all facilities and buildings contained within the project boundaries, including all adjacent facilities, that currently are or may be in the future a facility as described in O.C.G.A. Section 50-8-191(c)(3) or a facility for which the developer will or may apply for a license from the Department of Revenue;
(v) The map shall display the coordinates of four or more surveyed map registration points along the boundary of the property. Such coordinates shall be expressed in latitude/longitude (degreesminutes-seconds or decimal degrees) or as U.S. Survey feet and decimals of a foot using the Georgia (State Plane) Coordinate System of 1985. The horizontal map accuracy of each map registration point shall not be more than plus or minus one foot (+/- 1.0[]). The map registration points should be evenly spaced (imprecisely) along the boundary of the property. The demarcation of the points shall be a tick mark (crosshairs).
(c) Caption. The map shall have a title or name which shall be contained in the caption, and the caption shall also provide the minimum following information:
(i) The county or municipal corporation, land district and land lot, and if applicable, lake name;
(ii) The date of map preparation;
(iii) The scale, stated and shown graphically;
(iv) The name, address, and telephone number of the developer;
(v) The name, address, telephone number, and license number of the surveyor;
(vi) The map shall display an area measurement of the project property (in acres). If applicable, separate measurements shall be provided for land and lake areas.
(5) All applications shall attach a comprehensive economic and development impact study. Such a study should show both the short- and long-term benefits to be derived from the project including, if applicable, numbers and types of jobs to be retained and/or created; impact on the state, regional and community tax base; private sector investment; impact on infrastructure (including water, sewer and transportation); and usage estimates for the project. The study should include information sufficient to establish a baseline measurement of the current conditions of the community with respect to the expected benefits and how the project will improve the relevant conditions. It should also indicate how the impacts will be measured. The study should describe the project's relationship to local and regional economic development goals and objectives identified through local and regional comprehensive plans. If recent studies or evaluations of the county or regional economy lend support to the feasibility or reasonableness of the project, the application should reference these materials and enclose a copy along with the application.
(6) All applications must include a resolution from the local government indicating that the project appears to meet the criteria set out in the Statute (specifically, O.C.G.A. Section 50-8-191(c)) and approving the project and submission of the application to the Department for review and possible certification. The local government shall also certify in its resolution that the project complies with all applicable land-use, environmental and other applicable local laws and regulations as well as any special requirements involving redevelopment areas. The resolution shall also certify that the project does not conflict with the government's comprehensive plan and service delivery strategy. Finally, the local government shall certify that the project is at least 250 acres in size, or located on or adjacent to a lake at least 2,500 acres in size, and that any applicable residential units or facilities providing overnight stays comply with any local ordinances or regulations affecting such structures.
(7) For purposes of the Statute and these rules,"residential units" and "rooms for overnight stays" are mutually exclusive.
(8) All applicants must certify in their applications that no applicable state laws, rules, regulations or local ordinances shall be violated in carrying out the project and that the applicant is in compliance with such laws, rules, regulations or ordinances. Applicants must also certify that they are authorized under laws of the state to carry out the projects and activities contained in the application.
(9) All applications shall include a project schedule, which shall include the date planned for completion of all phases of the project and any adjacent facility(s).
(10) All applications shall contain a complete list of all facilities, buildings and improvements contained within the project boundaries (as set forth on the map prepared pursuant to Section 110-20-1-.05(4) of these Rules), that currently are or may be in the future a facility as described in O.C.G.A. Section 50-8-191(c)(3) or a facility for which the developer will or may apply for a license from the Department of Revenue. The list should correspond to the legend incorporated in the project map and should specifically identify and designate the improvements which were considered in determining the local government to which the initial REAP application was made pursuant to O.C.G.A. Section 50-8-191(a). Applicants with projects to be located within more than one local government's boundaries must certify that all or a substantial portion of the conference facility, marina, restaurant and clubhouse improvements are located within the boundaries of the local government to which the applicant submitted its initial application and clearly indicate where the local government boundaries are relative to those improvements.
(11) The information provided by applicants and developers to the Department regarding its projects under REAP, whether in the application process or in other reporting requirements, shall not be exempted from disclosure under the Georgia Open Records Act, O.C.G.A. Section 50-18-72(b).

Ga. Comp. R. & Regs. R. 110-20-1-.05

O.C.G.A. Secs. 50-8-3, 50-8-11, 50-8-195.

Original Rule entitled "Application Content" adopted. F. Sept. 9, 1999; eff. Sept. 29, 1999.
Repealed: New Rule of same title adopted. F. June 19, 2002; eff. July 9, 2002.