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  Growth Management Report     10. 3.    
BCC Regular Meeting Public Hearing  
Meeting Date: 09/01/2016  
Issue:    5:46 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending Chapter 2, Development & Compliance Review, Two-Year Warranty
From: Horace Jones
Department: Development Services  

RECOMMENDATION:
5:46 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending Chapter 2, Development & Compliance Review, Two -Year Warranty

That the Board of County Commissioners (BCC) review and adopt an Ordinance to the Land Development Code (LDC) amending Chapter 2, Article 5, Section 2-5.7 "Final Plats," by requiring all public subdivision improvements be free from defects for a period of two years from date of recordation of the final plat.
BACKGROUND:
On April 16, 2015, the Board of County Commissioners adopted the current LDC, which repealed and replaced the LDC (1996).  The repealed LDC (1996), required applicants seeking final plat approval to warrant that the subdivision improvements were free from construction, design, material, and workmanship defects for a period of two years from the date that the final plat was recorded.  The current Escambia County Land Development Code does not include the requirement for warranties for public subdivision improvements and the Board of County Commissioners finds that it is best to reincorporate a requirement for warranties for public subdivision improvements to ensure that public funds are not unnecessarily expended to correct defects in construction, design, materials, and workmanship.
BUDGETARY IMPACT:
No budgetary impact is anticipated by the adoption of this Ordinance.
LEGAL CONSIDERATIONS/SIGN-OFF:
The attached Ordinance has been reviewed and approved for legal sufficiency by Stephen West, Assistant County Attorney. Any recommended legal comments are attached herein.
PERSONNEL:
No additional personnel are required for implementation of this Ordinance.
POLICY/REQUIREMENT FOR BOARD ACTION:
The proposed Ordinance is consistent with the Board’s goal “to increase citizen involvement in, access to, and approval of, County government activities.”
IMPLEMENTATION/COORDINATION:
This Ordinance, amending the LDC, will be filed with the Department of State following adoption by the Board.

Implementation of this Ordinance will consist of an amendment to the LDC and distribution of a copy of the adopted Ordinance to interested citizens and staff.

The proposed Ordinance was prepared by the Development Services Department, in cooperation with  the County Attorney’s Office and all interested citizens. The Development Services Department will ensure proper advertisement.

Attachments
Draft Ordinance
Clean Ordinance

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