Agenda - 12-14-2010 - 7d - Laserfiche WebLink

Browse Search

New language was added requiring a developer to maintain atl performance guarantee(s) and adhere to any established condition(s) associated with a project extended under the Act. If a developer fails to do so, the Act now allows a unit of local government to rescind the development approval, in accordance with local standards/requirements, as the developer has not maintained the viability of said approval in accordance with local standards. At the November 16, 2010 BOCC meeting, Planning and Health Department Staffs were directed to solicit input from the Planning Board and the, Board of Health to determine if Orange County ought to adopt a resolution formally `opting out' of the Act. Planning Board and Board of Health Recommendations: The Planning Board met on December 1, 2010 and voted unanimously to recommend that the County should not 'opt out' of the provisions of the Act due to the following: 1. There have been no new regulations adopted, or that will be adopted with the UDO, necessitating further review, 2. Conditions on which such projects were approved have not been dramatically altered necessitating additional review by staff, the BOCC, or local advisory boards, 3. There shall be no additional staff time allotted for the project(s) necessitating compensation for completed work project, except to send letters to the various applicants notifying them of the extension, and 4. The Act has been amended to require existing performance guarantees (i.e. letters of credit, bonds, etc) to be maintained by the applicant in accordance with existing regulations. This new language provides the County the necessary leeway to continue to require all guarantees to be maintained. 5. Few projects have been identified that would be subject to these provisions. 6. Most projects are by local rural property owners and these economic times have caused a burden already by having to delay their project due to financial conditions. The Board of Health met on November 17, 2010 and elected to make no recommendation regarding opting out of the provisions of the Act. FINANCIAL IMPACT: Since planning staff is not recommending to 'opt out' of the Act, no additional staff time will be involved in reviewing previously approved projects which would create additional workload for staff. Less than $5,000 could be gained from the o pt out provision by the Planning Department. Approximately $28,000 could be gained for the Health Department should the County Commissioners elect to opt out of the Act. RECOMMENDATION(S): The Manager recommends the Board: 1. Receive the Planning Board and Board of Health recommendation and information; and 2. Take no action and allow local permits to fall under the provisions of the Act.