Rule 110-3-2-.06 - Minimum Procedural Standards(1) General: Pursuant to O.C.G.A. 50-8-7.1(b), the department has established minimum procedural standards for use in the coordinated and comprehensive planning process. The following procedures are to be used in the preparation, submittal, review, adoption, update, and amendment of local government comprehensive plans.(2) Variances: In instances where a local government has existing or proposed planning or procedural practices that differ from (yet meet the intent of) the minimum local planning standards or minimum procedural Standards outlined at 110-3-2-.04 and 110-3-2-.06, the department may grant the requesting local government a variance from these requirements in order to recognize special or unique local conditions. The department may attach conditions to variances, such as requiring the local government to bring its plan into compliance with these minimum standards within a specified time period. Unless identified as part of any conditions the department may attach to a variance at the time it is granted, a variance continues in effect only until the next required update of the local government's comprehensive plan. To obtain a variance, a local government must first make a request to its regional development center, providing sufficient documentation to substantiate the need for the proposed variance. The regional development center will then make a recommendation to the department on whether a variance should be granted. If the department finds the request for a variance to be justified, it will grant a variance to the requesting local government. Since the planning and procedural standards presented herein are minimum in nature, local governments are encouraged to exceed these standards, where appropriate. In cases where a local governments' planning process clearly exceeds the minimum standards and procedures, approval of the department is not required.(3) Compliance with Standards: It is understood that initial compliance with the minimum standards and procedures by municipalities and counties will take several years. Therefore, a five-year schedule for phasing in local government compliance has been developed by the department, with the assistance of regional development centers and local governments in the state. This official schedule, called the Local Government Recertification Schedule, will be maintained by the department and updated at least annually during the phase-in period. (a) Local governments shall prepare, submit for review, and subsequently adopt a comprehensive plan that meets the minimum planning standards and procedures on or before the date listed in the Local Government Recertification Schedule.(b) Nothing in this process shall be construed as prohibiting a local government from preparing, submitting and adopting a comprehensive plan that meets the minimum standards and procedures prior to its scheduled recertification date.(c) Local governments that prepare, submit for review and adopt a comprehensive plan that meets the minimum standards and procedures on or prior to the date listed in the Local Government Recertification Schedule shall be recertified as a "Qualified Local Government" by the department. To retain Qualified Local Government certification, a local government must remain in compliance with the requirements outlined in these minimum standards and procedures.(4) Public Participation: All local governments must hold a minimum of two public hearings prior to the submittal of their draft comprehensive plan to the regional development center for review. (a) At least one public hearing must be held prior to the development of the plan to inform the public about the purpose of the plan and the process to be followed in the preparation of the plan, 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 plan to the regional development center for review. The purpose of this hearing is to brief the community on the contents of the draft plan, to provide an opportunity for residents to make suggestions, additions or revisions, and to notify the community of when the draft plan will be submitted to the regional development center for review.(5) Plan Submittal: The governing body of the submitting local government must take official action, by resolution, authorizing the transmittal of the draft plan to the regional development center for review and certifying that the minimum public participation requirements have been met.(6) Regional Development Center Review: The regional development center shall review local plans for compliance with the minimum standards and procedures and, in consultation with other local governments in the region, determine whether the adoption or implementation of a particular plan would present any conflict with plans or policies of other governmental units. The procedures to be used by regional development centers in reviewing local plans are as follows: (a) Within ten days after receipt of a draft local plan, the regional development center shall notify the parties listed at 1. through 3., below, of the availability of the plan for review and comment. This notification shall include, at a minimum, the name(s) of the submitting local government(s), the date of plan submittal and the general nature of the plan. 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 plan;2. Local governments outside the region that are contiguous to the submitting local government and their regional development center(s); and3. Members of the Governor's Development Council.(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 local plan. 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 15 days after the hearing referenced at (b), above, the regional development center shall, in writing: 1. Recommend approval of the plan to the department and notify the submitting local government of such approval;2. Recommend approval of the plan to the department and offer specific suggestions to the submitting local government that would improve the plan. (These comments shall also be provided to the department); or3. Recommend to the department that the plan not be approved based upon noncompliance with the minimum standards and procedures, and suggest measures to the submitting local government that would correct the deficiencies. (These comments shall also be provided to the department).4. In addition to making one of the three recommendations above, the regional development center shall identify any conflicts with plans of local governments within the region, plans of contiguous local governments outside the region, or any regional plans. The regional development center shall notify the department and the submitting local government of any conflicts or inconsistencies identified and shall assist in resolving such conflicts.5. The regional development center shall notify members of the regional development center executive committee of all plan recommendations and conflicts that are identified.(d) 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 regional development center shall either continue or modify its original recommendation and provide written notice of its decision to the submitting local government and to the department.(e) Whether or not a reconsideration hearing is held, the department retains the right to make the final determination as to whether a plan is in compliance with the minimum standards and procedures.(f) Informal or formal mediation of conflicts relating to local plans may be initiated in accordance with the procedures for Mediation of Interjurisdictional Conflicts adopted by the Board of Community Affairs.(g) In no event shall a local government take any official action to adopt or put into effect a local plan prepared in accordance with the minimum standards and procedures until at least 60 days after the plan 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.(h) The regional development center shall notify the department within seven days after being notified that the plan prepared in accordance with the minimum standards and procedures has been adopted.(7) Local Government Action: (a) If the department concurs with the regional development center's recommendation that the plan meets the minimum standards and procedures, the local government may: 1. Adopt the plan as submitted if no suggestions for improvement are made by the regional development center; or2. Adopt the plan, with or without any suggested improvements made by the regional development center.3. In no event, however, shall a local government adopt a plan that meets the minimum standards and procedures until at least 60 days after the plan is submitted to the regional development center for review.(b) If the department concurs with the regional development center's recommendation that the plan does not meet the minimum standards and procedures, the local government may: 1. Revise the plan based upon the regional development center'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 plan as originally submitted. However, for a local government to be certified as a Qualified Local Government, the plan adopted must be in compliance with the minimum standards and procedures.(8) Local Plan 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 plan prepared in accordance with the minimum standards and procedures. No such adoption shall occur until 60 days after the plan is first submitted to the regional development center for review, or 90 days if reconsideration is requested.(9) Department Action: Once the department has been notified by the regional development center that a local government has adopted a plan in accordance with the minimum standards and procedures, the department may issue a letter certifying the submitting local government as a Qualified Local Government. Qualified Local Government certification shall automatically expire five years from the date of departmental approval of the plan unless otherwise specified as a condition of variance. To retain Qualified Local Government certification a local government must remain in compliance with the requirements outlined in these minimum standards and procedures.(10) Updates to Short Term Work Program: Depending on which option a local government chooses for updating its Short Term Work Program as described at 110-3-2-.04(7), Minimum Local Planning Standards, procedures for submittal and review of these updates shall be as follows: (a) Annual updates, as described at 110-3-2-.04(7)(a), Minimum Local Planning Standards, shall be submitted to the regional development center by local governments no later than 30 days after the end of each year of the five-year work program. 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; or(b) No later than six months prior to the expiration of its Qualified Local Government certification, local governments shall submit to the regional development center an update as described at 110-3-2-.04(7)(b), Minimum Local Planning Standards. The regional development center shall review all submitted updates for compliance with the standards and shall make these updates available to interested parties upon request. The regional development center may submit comments pertaining to this update to the local government and the department, but is not required to do so.(c) At least 30 days prior to the date a local government's Qualified Local Government certification is due to expire, the regional development center shall notify the department as to whether the local government has updated its Short Term Work Program in accordance with either of the two options described above and has otherwise met the requirements contained in these minimum standards and procedures.(d) Upon receiving notice from the regional development center that a local government has met the requirements outlined above and is otherwise in compliance with the minimum standards and procedures, the department may issue a letter to the local government extending its Qualified Local Government certification an additional five years. To retain Qualified Local Government certification, a local government must remain in compliance with the requirements outlined in these minimum standards and procedures.(11) Plan Amendments: (a) Proposed amendments to local plans, as described at 110-3-2-.04(8), Minimum Local Planning Standards, shall follow the submittal and review procedures outlined at 110-3-2-.06(4) through (9), 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 plan and receiving suggestions and comments on the proposed amendment.2. The review period for plan amendments shall conclude with a determination by the regional development center, no later than 40 days after the proposed amendment is submitted for review, or 70 days if reconsideration is requested. If the proposed amendment does not affect the local plan's meeting the minimum standards and procedures and if no conflicts are identified by the regional development center, the submitting local government may thereafter adopt the plan amendment. Where appropriate, local governments shall act in good faith to resolve any conflict as provided for in the procedures for Mediation of Interjurisdictional Conflicts adopted by the Board of Community Affairs.(b) While local governments are encouraged to keep their plans current, it is not intended that each minor amendment being considered by a local government be submitted for review to the regional development center. Proposed amendments that are strictly local in nature and are not considered as having an effect on another local government need not be submitted to the regional development center for review. However, a summary of such minor amendments shall be submitted annually to the regional development center with a statement by the local government that the individual and cumulative effects of the minor amendments do not significantly alter the basic tenets of the approved plan.(12) Plan Updates: Plan updates, as described at 110-3-2-.04(9), Minimum Local Planning Standards, shall be prepared, at a minimum every ten years and shall follow the submittal and review procedures described at 110-3-2-.06(4) through (9), above.Ga. Comp. R. & Regs. R. 110-3-2-.06
Ga. L. 1989, pp. 1317-1391; O.C.G.A. Sec. 50-8-1et seq.
Original rule entitled "Minimum Procedural Standards" adopted. F. May 1, 1990; eff. May 21, 1990.Repealed: New Rule, same title, adapted. F. May 22, 1992; eff. June 11, 1992.