Title 50, Chapter 8, Section 37
( 50-8-37)
(a) Each local plan shall be submitted for review, comment, and
recommendation to the appropriate regional development center and
shall become effective in accordance with this Code section. Each
municipality and county within a region shall submit its local plan
to the regional development center for that region for review,
comment, and recommendation by the regional development center. The
center shall maintain all local plans which it receives in this
manner in files available for inspection by the public. (b) Within ten days after receipt of a local plan, the center shall
notify each municipality or county within its region which may be
affected by the local plan of the general nature of the plan, the
date of its submission, and the identity of the submitting
municipality or county. In addition, any local governments
contiguous to, or operating within, the submitting municipality or
county shall be notified by the center in the same manner. (c) Within 15 days after the center gives the notice required by
subsection (b) of this Code section, any local government within the
region and any other local government which received notice from the
regional development center may present, to the regional development
center, its views on the local plan in a public meeting or hearing
which shall be held in accordance with rules established by the
center with prior approval of the department. (d) The center shall determine whether the adoption or
implementation of the local plan would present any conflict. The
center may recommend a modification of the local plan in such a
manner as to eliminate any conflict or alleviate any problem or
difficulty which such conflict may create. The center's
determination shall be in writing, shall be made public, and shall
be communicated by written notice given to the municipality or
county which submitted the local plan within 15 days after the date
of the public meeting or hearing. (e) The municipality or county which submitted the local plan may
request reconsideration of any recommendation by a center within ten
days after the center's recommendation is made public. For purposes
of such reconsideration, the center shall schedule, announce, and
hold a public hearing within 15 days after receipt of the request
for reconsideration. Notice of the time and place of any such public
hearing shall be given by the center to all members of the regional
development center, in accordance with such procedures as the
regional development center may establish, subject to the prior
approval of the department. The regional development center shall
also give such notice to all affected municipalities and counties
and appropriate state regulatory boards and agencies. (f) Within ten days after the public hearing, the center shall
either continue its recommendations or modify the recommendations.
In either case, the center shall make public its determination and
shall give written notice of its determination to the municipality
or county which submitted the local plan. (g) No municipality or county shall take any action to adopt any
local plan, or to put into effect any local plan, until 60 days
after the date when the municipality or county, as the case may be,
submitted the local plan to the center for review, comment, and
recommendation, except that any request for reconsideration of any
recommendation by a center pursuant to subsection (e) of this Code
section shall automatically operate to extend the 60 day period to
90 days. (h) Nothing in this Code section shall limit or compromise the right
of the governing authority of a county or municipality to exercise
the power of zoning. |