Deed restriction requirement for protecting natural resources
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Transcript of Deed restriction requirement for protecting natural resources
Deed restriction requirement for protecting natural resourcesFebruary 12, 2013Alachua County Board of County Commissioners
Natural Resources Protection Policies
• Comprehensive Plan establishes polices for the permanent protection of natural resources.
• Land Development Code requires permanent protection at all levels of development review.
Why?
Value of Building Permit Protection
• Inform property owners • Avoid code enforcement • Protect natural resources
Unified Land Development Code Section 406.103(a)3
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.
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
Application on property with regulated resources
Site visit
permit application cleared for submittal
Discuss restrictions, management needs,
and process requirements
Send to development
review staff for BOCC/DRC
ReviewDeed
restriction recorded
Significant impacts proposed
Letter to ownerMeets 406.103(a)3 requirements
PAS without ResourcesPAS with ResourcesDeed restrictions
2%
32%66%
Permit Applications Screened since 2009
Deed restrictionPros:• Written recognition by property owner • Information in the public record• Court-enforceable contractual agreement
Cons:• Concerns with perceived decrease in property
values• Requires metes-and-bounds description and sketch • Not applicable to bona fide Ag operations meeting
BMPs
Summary
• Deed restrictions comply with current Comp Plan and Land Development Code
• Helps inform prospective buyers of county rules (potentially decreasing future enforcement cases)
• Staff recommends modification to existing code policy.
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.