Ga. Comp. R. & Regs. R. 110-12-7-.03 - Local Government Responsibilities

(1) The local government must follow the applicable procedures identified under DRI Communication Procedures detailed in Chapter 110-12-7-.02 when:

1) an applicant (developer, builder, or landowner who is proposing the new development) requests some type of local government action related to a proposed development project, such as, but not limited to, a request for rezoning, annexation, zoning variance, building or land disturbance permit, hookup to a water or sewer system, master or site plan approval, acceptance of a public street, signing off on a subdivision plat, comprehensive plan amendment, or entering into a contract; and

2) it appears that the proposed development may meet or exceed the applicable DRI thresholds.

(2) When a local government proposes a project that may meet or exceed the DRI thresholds, the local government becomes the applicant and must submit the project to the Regional Commission as a potential DRI.

(3) If a proposed development will be located in more than one jurisdiction and, in total, the proposed development meets or exceeds a DRI threshold; the local government in which the greatest acreage of the project is to be located is responsible for submitting the project to the Regional Commission as a potential DRI.

(4) The host local government may proceed with its development review process during the DRI process, provided that it does not take final official action approving a project until the DRI process is completed and the local government has had adequate time to consider the Regional Commission's DRI report. It is intended that the DRI process should take place simultaneously with local development review procedures in order to minimize administrative delay for review and approval of large developments. Examples of local development review activities that may take place during the DRI process include, but are not limited to, preliminary staff administrative functions, project evaluation/assessment, community participation meetings and hearings, site visits, and planning commission meetings to discuss, but not vote on, the proposed local action that triggered the DRI process.

(5) Failure of a local government to submit a project that exceeds the applicable DRI thresholds to the Regional Commission for determination of whether it qualifies as a DRI or to wait until the DRI process is completed before taking final action will result in the following corrective course of action:

(a) On the first occurrence, the Regional Commission staff will meet with the local government to carefully explain the DRI process, benefits of participating in this process, and possible consequences of not participating.

(b) If, within two years of the meeting above, a local government again fails to submit a qualifying project or to wait until the DRI process is completed prior to taking final action the project, the Regional Commission will inform the Department. The Board of Community Affairs will evaluate the situation and determine an appropriate response which may include suspension of the local government's Qualified Local Government status for a period of up to 1 year.

Notes

Ga. Comp. R. & Regs. R. 110-12-7-.03

50-8-7.1(b).

Original Rule entitled "Local Government Responsibilities" adopted. F. Feb. 7, 2013; eff. Feb. 27, 2013.