Rule 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 O.C.G.A. 50-8-1et seq., shall have the meaning as contained therein. Terms not defined in these rules, nor in O.C.G.A. 50-8-1et seq., 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 O.C.G.A. 50-8-35 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 O.C.G.A. 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 by any county, municipality, or other local government relating to or affecting developments of regional impact, as defined by the department.(g) 'Conflict Resolution' means mediation or the process to be employed by the Department of Community Affairs in resolving differences arising from any conflict, as defined at (f), above.(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.(j) 'County' means any county of this state.(k) 'Days' means calendar days, unless otherwise specified.(l) 'Department' means the Department of Community Affairs.(m) 'Developments of Regional Impact' means any project that requires local government action to proceed and that exceeds the minimum thresholds established by the Department. Such procedures and guidelines to govern developments of regional impact shall be promulgated by the department pursuant to O.C.G.A. 50-8-7.1(b)(3).(n) 'Executive Committee' means the executive committee of a regional development center.(o) '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 they intend to implement their 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.(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 O.C.G.A. 50-8-7.1(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 local comprehensive plans, for implementation of local 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 O.C.G.A. 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) 'Planning Act' means Georgia Laws 1989 pp. 1317-1391 (O.C.G.A. Sec. 45-12-200et seq.; 50-8-1 et seq.; 12-2-1 et seq.; and 36-70-12 et seq.).(y) '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.(z) 'Plan Approval' means the certification conferred by the department acknowledging that a local government has prepared, submitted to the regional development center for review, and adopted a comprehensive plan that meets the minimum standards and procedures.(aa) 'Planning' means the process of determining actions which state agencies, regional development centers, and local governments propose to take.(bb) '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.(cc) 'Plan Update' means the complete rewrite of the local government comprehensive plan. This update is to be accomplished not later than ten years from the date of approval of the most recent comprehensive plan and must meet the minimum standards and procedures.(dd) 'Qualified Local Government' means a county or municipality that: 1. Adopts and maintains a comprehensive plan in conformity with the minimum standards and procedures;2. Establishes regulations consistent with its comprehensive plan and with the minimum standards and procedures; and3. Does not fail 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.(ee) '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 O.C.G.A. 50-8-4(f).(ff) 'Regional Development Center' means a regional development center established under O.C.G.A. 50-8-32.(gg) 'Regional Plan' means the comprehensive plan for a region prepared in accordance with the standards and procedures established by the department.(hh) 'Regionally Important Resources' means a natural or historic resource that has boundaries extending beyond a single local government's jurisdiction or has value to a broader public constituency and which is vulnerable to the actions and activities of man. Such procedures and guidelines to govern regionally important resources shall be promulgated by the department pursuant to O.C.G.A. 50-8-7.1(b)(3).(ii) 'Rules for Environmental Planning Criteria' 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 O.C.G.A. 12-2-8, including, but not limited to, criteria for the protection of water supply watersheds, groundwater recharge areas, wetlands, protected mountains and protected river corridors.(jj) 'Short Term Work Program' means that portion of the Implementation Strategy that lists the specific actions to be undertaken annually by the local government over the upcoming five 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, reviewed and updated in accordance with the procedures outlined at 110-3-2-.06(10).(kk) 'State Agency' means any department, agency, commission, or other institution of the executive branch of the government of the State of Georgia.Ga. Comp. R. & Regs. R. 110-3-2-.02
Ga. L. 1989, pp. 1317-1391; O.C.G.A. Sec. 50-8-1et seq.
Original Rule entitled "Definitions" adopted. F. May 1, 1990; eff. May 21, 1990.Repealed: New Rule, same title, adopted. F. May 22, 1992; eff. June 11, 1992.