Summarized History for Bill Number HB07-1246
04/12/2007 Signed by the Speaker of the House
04/16/2007 Signed by the President of the Senate
04/16/2007 Sent to the Governor
04/25/2007 Governor Action – Signed
Excerpt: THE MASTER PLAN OF A MUNICIPALITY SHALL BE AN ADVISORY DOCUMENT TO GUIDE LAND DEVELOPMENT DECISIONS; HOWEVER, THE PLAN OR ANY PART THEREOF MAY BE MADE BINDING BY INCLUSION IN THE MUNICIPALITY’S ADOPTED SUBDIVISION, ZONING, PLATTING, PLANNED UNIT DEVELOPMENT, OR OTHER SIMILAR LAND DEVELOPMENT REGULATIONS AFTER SATISFYING NOTICE, DUE PROCESS, AND HEARING REQUIREMENTS FOR LEGISLATIVE OR QUASI-JUDICIAL PROCESSES AS APPROPRIATE.
Elbert County’s Master Plan is already referenced in zoning, subdivision and 1041 regulations, prior to the enactment of this legislation. This is why the BOCC is trying to remove references to the Master Plan from county regulations. Elbert County has always had an advisory Master Plan, and unless references to the Master Plan are removed from county regulations, the Master Plan may be held to be regulatory by default, as it was in the SVV case.
Note that the new law also contains notice, due process and hearing requirements. The Master Plan has never been noticed and heard in the county under the terms that it would become a regulatory document. This fact would appear to present a due process problem to the assumption that the plan is already regulatory.
To remove all doubt, I support 100% the current commissioners’ intent to firmly establish the Master Plan as advisory by removing all references to it from county regulations.
I condemn with extreme prejudice the planning commissions’ attempts to make the Master Plan regulatory over all property holders in the county without holding an election on the question.
THE PLANNING COMMISSION DOES NOT REPRESENT THE PEOPLE. I HOPE THE NEW BOCC CLEANS HOUSE OF THE LOT OF THEM.