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Deed restriction requirement for protecting natural resources

Deed restriction requirement for protecting natural resources. March 12, 2013 Alachua County Board of County Commissioners. Workshop Focus. Review 3 options: 1) Retain existing deed restriction requirement in code 2) Replace deed restriction requirements with notice requirement

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Deed restriction requirement for protecting natural resources

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  1. Deed restriction requirement for protecting natural resources March 12, 2013 Alachua County Board of County Commissioners

  2. Workshop Focus Review 3 options: 1) Retain existing deed restriction requirement in code 2) Replace deed restriction requirements with notice requirement 3) Eliminate deed restriction requirements at the building permit level

  3. Existing Code Language Section 406.103(a)3 ULDC For building permits on undeveloped lands that contain regulated natural or historic resources, or other administrative approvals as described in Section 402.48 that impact regulated natural or historic resources, perpetual deed restrictions or other forms of dedication shall be the preferred method of protection, notwithstanding Section 406.103(a)1.

  4. Applicability of code • The property is undeveloped • Permit request will impact resources • Applies only to areas with regulated resources Code provision does not apply to: • Developed property not proposing impacts • Bona fide agriculture operations

  5. Value of Building Permit Protection • Inform property owners • Avoid code enforcement • Protect natural resources

  6. Application on property with regulated resources Site visit Significant impacts proposed Discuss restrictions, management needs, and process requirements Send to development review staff for BOCC/DRC Review Meets 406.103(a)3 requirements Letter to owner Deed restriction recorded permit application cleared for submittal

  7. Application on property with regulated resources Site visit Significant impacts proposed Discuss restrictions, management needs, and process requirements Send to development review staff for BOCC/DRC Review Notice placed in public record

  8. Permit Applications Screened since 2009 66%

  9. Deed Restriction Pros: • Acknowledgement between property owner and County • Informs potential buyers about protected resources and applicable regulations • Court-enforceable Cons: • Perceived decrease in property values • Requires metes-and-bounds description and sketch

  10. Notice Requirement Pros: • Acknowledgement between property owner and County • Informs property owner & potential buyers about protected resources and applicable regulations • Reduces violations and enforcement actions Cons: • Not court-enforceable • Not as protective as deed restriction

  11. Building Permit Notice Options Option 1: Building permit approved after notice of regulated resources is recorded by property owner Option 2: Within 30 days of building permit issuance, County records notice of regulated resources

  12. Staff recommendation Authorize advertising a public hearing to amend the land development code to replace the deed restriction requirement with a requirement for a notice to be recorded in the public record.

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