2006 Georgia Code - 50-8-31

50-8-31. As used in this article, the term: (1) 'Board' means the board of a regional development center. (2) 'Center' means a regional development center established under this article, including its predecessor area planning and development commission. (3) 'Commissioner' means the commissioner of community affairs. (4) '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 Article 1 of this chapter. (5) 'Conflict' means any conflict, dispute, or inconsistency arising: (A) Between or among comprehensive plans for any counties or municipalities, as proposed, prepared, proposed to be implemented, or implemented; (B) 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 may be proposed, prepared, proposed to be implemented, or implemented; (C) 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; or (D) 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 developments of regional impact, as defined by the department. (6) 'Constitution' means the Constitution of the State of Georgia. (7) 'Contract' means any contract, agreement, or other legally binding arrangement. (8) 'Coordinated and comprehensive planning' means planning by counties and municipalities and by regional development centers in accordance with the minimum standards and procedures. (9) 'County board member' means any member of the board representing a county, determined pursuant to paragraph (1) of subsection (b) of Code Section 50-8-34. (10) 'Department' means the Department of Community Affairs. (11) 'Governing body' means the board of commissioners of a county, sole commissioner of a county, council, commissioners, or other governing authority for a county or municipality. (12) 'Government' means any governmental unit on the federal, state, or local level and any department, agency, or authority of any such governmental unit and shall include all local governments, school districts, state agencies, and state authorities. (13) 'Local government' means any county, municipality, or other political subdivision of the state; any regional development center; any public agency or public authority, except any state agency or state authority, created under the Constitution or by Act of the General Assembly; and shall include public agencies and public authorities which are created or activated pursuant to the Constitution or Act of the General Assembly or by action of the governing body of any county, municipality, or other political subdivision of the state, separately or in any combination, and shall include any group of counties or municipalities which forms the group to carry out jointly any lawful purposes but shall not include school districts. (14) 'Local plan' means the comprehensive plan for any county or municipality. (15) 'Minimum standards and procedures' means the minimum standards and procedures, including the minimum elements which shall be addressed and included, for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the department. Minimum standards and procedures shall 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 Article 1 of this chapter. (16) 'Municipal board member' means any member of the board representing a municipality, determined pursuant to paragraph (1) of subsection (b) of Code Section 50-8-34. (17) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state. (18) 'Necessary' means necessary, desirable, or appropriate, as determined by the commissioner, unless the context clearly indicates a different meaning. (19) 'Nonpublic board member' means any board member who is a resident of a county within the region, who is not an elected or appointed official or employee of any county or municipality, and who is elected as a nonpublic member for that county pursuant to paragraph (1) of subsection (b) of Code Section 50-8-34. (19.1) 'Nonpublic funds' means the servicing fees which are received by a nonprofit corporation for administering federal or state revolving loan programs or loan packaging programs. (20) 'Qualified local government' means a county or municipality which: (A) Has a comprehensive plan in conformity with the minimum standards and procedures; (B) Has established regulations consistent with its comprehensive plan and with the minimum standards and procedures; and (C) Has not failed to participate in the department´s mediation or other means of resolving conflicts in a manner which, in the judgment of the department, reflects a good faith effort to resolve any conflict. (21) '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 of the department. (22) 'Regional development center' means a regional development center established under this article. (23) 'Regional plan' means the comprehensive plan for a region. (24) 'State' means the State of Georgia.

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