Meeting Type: BCC Regular Meeting
Meeting Date: 7/5/2023
Item Status: New
From: Matthew Brown, Planning Director
Submitted by: Matthew Brown, Planning Director
______________________________________________________________________
ITEM TITLE
Title
Subdivision Regulation and Building Construction Regulation Agreement with Town of Summerdale
End
STAFF RECOMMENDATION
Recommendation
Adopt Resolution #2023-148 which approves the Subdivision Regulation and Building Construction Regulation Agreement between the Baldwin County Commission, the Town of Summerdale, and the Planning Commission of the Town of Summerdale, governing the regulation of subdivisions and the regulation of building construction outside the municipality’s corporate limits but within the municipal planning jurisdiction and police jurisdiction.
End
BACKGROUND INFORMATION
Background:
The Governor signed Act No. 2021-297 (SB107) into law on April 27, 2021. The Act became effective on July 26, 2021.
On July 6, 2021, the Baldwin County Commission took action to provide notice to the municipalities that it would regulate subdivisions and building construction outside the corporate limits as of July 26, 2023, unless other agreements were reached with the municipalities.
Planning and Zoning staff have worked with each of the municipalities to prepare a uniform agreement that addresses each individual municipality’s plans to regulate subdivisions and building construction.
The Town of Summerdale desires to have exclusive authority over all subdivisions within the Subdivision Regulation Area, attached as Exhibit A to the Agreement.
The Town of Summerdale desires to regulate building construction outside the corporate limits of the municipality within the Building Construction Regulation Area, attached as Exhibit C to the Agreement.
The Agreement will not become active until approved by the Commission, Municipal Council, and the Municipal Planning Commission, and until the Municipality publishes the Agreement, pursuant to Code of Alabama § 11-24-6, once a week for two consecutive weeks in a newspaper of general circulation in both the County and the Municipality and proof of this publication is delivered to the Commission via email to planning@baldwincountyal.gov.
Previous Commission action/date:
July 6, 2021 - BCC Regular Meeting - Took action to provide notice to the municipalities in Baldwin County that the Baldwin County Commission currently enforces regulations regarding the inspection of construction, building permits and enforcement of the building codes and that as of July 26, 2023, the Baldwin County Commission will enforce these regulations in the areas of Baldwin County outside of municipal corporate limits, unless agreements are reached with the municipalities.
July 6, 2021 - BCC Regular Meeting - Took action to provide notice to the municipalities of Baldwin County that the Baldwin County Commission adopted subdivision regulations in 1984 and currently regulates subdivision developments within the unincorporated areas of Baldwin County and that on July 26, 2023, the Baldwin County Commission will begin regulating subdivision developments in all areas of Baldwin County outside municipal corporate limits pursuant to §11-52-30 as modified by Act 2021-297, unless agreements are made with municipalities.
FINANCIAL IMPACT
Total cost of recommendation: N/A
Budget line item(s) to be used: N/A
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
Yes.
Reviewed/approved by: Hope Hicks, County Legal Counsel
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? Yes
If the proof of publication affidavit is not attached, list the reason: Advertising will take place after Commission approval.
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: Administration Staff and Planning and Zoning Staff
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or emailed):
County Commission Office - Send a copy of the signed agreement to the following:
Town of Summerdale
Ms. Tiffany Lynn, MMC
Town Clerk/Treasurer
502 W Lee Avenue
Summerdale, Alabama 36580
townclerk@summerdaleal.com
Provide electronic version to P&Z via planning@baldwincountyal.gov.
After the municipality has provided proof of publication to P&Z, P&Z will forward to Commission Administration Staff.
Commission Administration staff will then Update the following BCAP Libraries:
Resolution, Planning Jurisdiction and Contracts
Planning and Zoning Staff will update appropriate layers in GIS and Associated Maps.
Additional instructions/notes: Administration to add resolution number to the top center of the first page of the agreement after it is executed by the municipality.