Proposed Modifications to the

Gated Community Ordinance

Board of County CommissionersApril 8, 2008

• Overview

• Issues

• Existing Ordinance

• Proposed Ordinance Changes

• Next Steps

PRESENTATION OUTLINE

• Overview

• Issues

• Existing Ordinance

• Proposed Ordinance Changes

• Next Steps

PRESENTATION OUTLINE

Definition of Gated Community

• Subdivision with privately owned and maintained infrastructure

OVERVIEW

• 1970-1980 - Gated communities sporadically approved

• 1996 - Gated Community Resolution #96-M-22

• 2000 - Incorporation of Gated Community Resolution

requirements into Subdivision Regulations

• 2002 - Gated Community Ordinance Revisions

• 2004 - Hurricanes

• 2005 - BCC directs staff not to process requests

for Gated Communities without a

justification

•2007 - BCC worksession

History

OVERVIEW

Overview

Number of Gated Communities

• 246 Existing Gated Community Plats

• 143 Existing Gated Communities Governed by a

Separate Mandatory HOA

Orange County Gated Community Locations

OVERVIEW

PRESENTATION OUTLINE

• Overview

• Issues

• Existing Ordinance

• Proposed Ordinance

• Next Steps

• Interconnectivity

• Stormwater

• Debris

• Urban Form

• Financial Viability

ISSUES

Interconnectivity• Comprehensive Policy Plan

• Existing Subdivision Regulations

ISSUES

Orange County Comprehensive Policy PlanTransportation Element

• Policy 2.1.1.4 - Orange County shall require the

local street network to be designed to promote

interconnectivity and to allow access between

neighborhoods. Proposed gated communities and

private streets will be evaluated on a case by case

basis for appropriateness.

ISSUES

Existing Subdivision RegulationsSec. 34-173. Continuation of existing street pattern.

The proposed street layout shall be coordinated with the street system of the surrounding area. Streets in the proposed subdivision shall be connected to dedicated streets in adjacent areas where required to provide for proper traffic circulation. Street stubs to contiguous platted but unbuilt streets shall be provided when required to give access to such areas or to provide for proper future traffic circulation. Street stubs in excess of two hundred fifty (250) feet which provide lot access shall be provided with a temporary cul-de-sac turn around. The subdivision developer of the contiguous area shall pay the cost of restoring the street to its original design cross-section and extending the street.

ISSUES

ISSUES

Stormwater – Public Subdivisions

• Routine maintenance and Repairs by

County

• Major Maintenance and Repairs by

County: Pond Cleaning and

Pipe/Culvert Repairs

Stormwater – Gated Communities

• The County cannot repair or maintain the

following in a Gated Community:

• Drainage Pipes and Culverts• Retention Ponds• Inlets and Structures

ISSUES

Stormwater - Combined Drainage Facilities

• Joint Use of Public And Private Stormwater Management Systems

• Found in Planned Developments and Partnership Arrangements

• Use of Same Conveyance Pipes and Retention Ponds

• Issues with Maintenance Responsibilities

• Maintenance Cost Allocation

• Separate Systems May Result in Increased Area for Stormwater System/Decreased Density

ISSUES

Urban Form

• Traditional Neighborhood Development• New Urbanism• Transit–Oriented Neighborhoods

ISSUES

Debris – Public Subdivisions

• Emergency Response by Orange County:

Debris Removal

ISSUES

Debris – Gated Communities

• County cannot remove debris from private property

ISSUES

Financial Viability

Gated Community HOA Must Depend on Their Own

Expertise or Pay for That of Others

Limited By:• Number of Lots

• Expertise of Management Company

• Expertise of Board of Directors

• Adequate Financing of Maintenance And Reserve

Funds

ISSUES

Financial Viability – Reporting Requirements

Gated Community Ordinance Requires an

Engineering Report Every 3 Years

• Prior to turn over to the HOA an Engineering

Report is Submitted to the County

• After infrastructure is turned over to the HOA

• After 2002 Revision, 3-year Engineering Report

submitted to Homeowners only

• Financial Reports submitted to Homeowners

ISSUES

PRESENTATION OUTLINE

• Overview

• Issues

• Existing Ordinance

• Proposed Ordinance Changes

• Next Steps

Generally:

• Gated Communities are a privilege, not a right,

of developer and property owners

• Substantial compliance with Gated Community

Ordinance required to give contract right to

develop gated community and HOA right to

keep subdivision as gated community

Existing Ordinance

Requirements

• Must provide for fire/rescue, sheriff, utilities access

• Must execute Traffic Law Enforcement Agreement

Existing Ordinance

Declaration Requirements

• Turn over control of HOA to homeowners between 70% and 90% Certificates of Occupancy (COs) issued

• Turn over infrastructure to HOA between 70% and 90% COs issued

• Developer pays for maintenance of infrastructure prior to turnover

• Developer must hire engineer to inspect infrastructure prior to turnover and make necessary repairs

Existing Ordinance

Declaration Requirements Continued

• Requires HOA to hire engineer to inspect

infrastructure and report every three years

(report goes to each homeowner)

• Requires HOA to make repairs identified in

engineer’s report

• Requires disclosure to initial buyer of estimated

assessments for required HOA accounts

Existing Ordinance

Declaration Requirements Continued

• Gives HOA right to enforce Gated Community

Ordinance and Declaration requirements against

Developer and/or HOA

• Requires disclosure statement regarding gated

community requirements and information to initial

purchaser

Existing Ordinance

Declaration Requirements Continued

• Required accounts

• Routine-infrastructure maintenance account

• Capital-repair/streets account

• Capital-repair/drainage pond account

• Capital-repair/other infrastructure account

• Requires annual financial statement to be submitted to each homeowner

Existing Ordinance

PRESENTATION OUTLINE

• Overview

• Issues

• Existing Ordinance

• Proposed Ordinance Changes

• Next Steps

Proposed Amendments

• Recognize Gated Communities do not promote interconnectivity

• Gated Communities may be appropriate where:

• Parcel is physically isolated or separated by water, wetlands, limited access highways, other physical barriers making interconnectivity impossible

• Parcel is surrounded by existing development (i.e., other gated communities) making interconnectivity impossible to achieve

Proposed Ordinance Changes

Proposed Amendments Continued

• Gated Communities prohibited:

• In areas designated for traditional neighborhood development (Horizon West)

• In areas designated for new urbanism

• In areas designated for transit-oriented development

• Where private and public stormwater would commingle

Proposed Ordinance Changes

Proposed Amendments Continued

• Traffic Law Enforcement Agreement requirement deleted

• County requires $1 million General Liability Policy naming County and Sheriff as additional insureds

• HOA insurance required by Traffic Law Enforcement Agreement not available

• Risk Management does not recommend County entering Traffic Law Enforcement Agreement without insurance requirement

• Sheriff will be unable to enforce traffic laws in Gated Communities

Proposed Ordinance Changes

Proposed Amendments Continued

• Disclosure Statement:

• Required on all sales within gated community

• Storm debris added

• Financial Requirements:

• Storm debris removal account required

• Requires developer to fund five required accounts in amount equal to one year of assessments for each account

Proposed Ordinance Changes

PRESENTATION OUTLINE

• Overview

• Issues

• Existing Ordinance

• Proposed Ordinance Changes

• Next Steps

•Development Advisory Board : April/May

•Local Planning Agency: May/June

•BCC Public Hearing: July/August

Next Steps

Proposed Modifications to the

Gated Community Ordinance

Board of County CommissionersApril 8, 2008