Title 50, Chapter 8, Section 2
( 50-8-2)
(a) As used in this article, the term: (1) "Board" means the Board of Community Affairs. (2) "Commissioner" means the commissioner of community affairs. (3) "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 this article. (4) "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 regions, as
proposed, prepared, proposed to be implemented, or implemented; (C) 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; (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 regionally important
resources, as defined by the department pursuant to this
article; or (E) 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 pursuant to this article. (5) "Constitution" means the Constitution of the State of Georgia. (6) "Contract" means any contract, agreement, or other legally
binding arrangement. (7) "Coordinated and comprehensive planning" means planning by
counties and municipalities and by regional development centers in
accordance with the minimum standards and procedures. Coordinated
and comprehensive planning is one of the local government affairs
for which the department is authorized to assist in the
performance of local government services. (8) "County" means any county of this state. (9) "Department" means the Department of Community Affairs. (10) "Eligible recipient" means any local government, school
district, or other government entity which may be eligible to
receive funds from the department pursuant to terms for
eligibility established by the department or those established by
the government or other source which makes the funds available to
the department. (11) "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. (12) "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 of their lawful purposes but
shall not include school districts. (13) "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. (14) "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. (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 in accordance with this
article. 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 this article. (16) "Municipality" means any municipal corporation of the state
and any consolidated city-county government of the state. (17) "Necessary" means necessary, desirable, or appropriate, as
determined by the commissioner, unless the context clearly
indicates a different meaning. (18) "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. (19) "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 the provisions of subsection (f) of Code Section 50-8-4. (20) "Regional development center" means a regional development
center established under Article 2 of this chapter. (21) "Rural area" means any nonurban area in the state as defined
in rules and regulations of the department. (22) "School district" means any school district, independent
school system, or other local school system in the state. (23) "State" means the State of Georgia. (24) "State agency" means any department, agency, commission, or
other institution of the executive branch of the government of the
State of Georgia. (b) A reference to the terms of any contract or writing or to the
terms under which any funds are made available shall be construed as
a reference to all terms, conditions, covenants, representations,
warranties, and other provisions. |