The Woodlands Township Incorporation Study Covenant Administration - - PowerPoint PPT Presentation

The Woodlands Township Incorporation Study

Covenant Administration July 2018

Today’s Goal

• Review research and findings relating to

covenant administration, planning, and zoning

• Frame questions the Board may wish to

have the public respond to during the community input phase of the study

Decision Framework

• Options for Consideration:
• Option 1 – Maintain covenant administration model
• Option 2 – Adopt the more widely-used planning

and zoning model

• Option 3 – Maintain the Covenant Administration

model during the required general law city period and transition to a planning and zoning model as a phase of the charter development process

• To help inform the deliberation of these options,

The Novak Consulting Group conducted research around three important questions.

Decision Framework

• 1. What new authority or responsibilities will

an incorporated Woodlands gain?

• Regardless of whether the City uses covenant

administration or planning and zoning

• 2. What is gained/lost by retaining covenant

administration?

• 3. What is gained/lost by implementing

planning and zoning?

Common Terms

• Covenants/Deed Restrictions
• Written agreements among private owners that limit how

real property may be used

• Conveyed with the property according to the terms of the

deed restrictions

• Enforceable through civil processes
• Zoning Ordinances
• Enacted by a municipality
• Regulate how property owners may use or develop their

properties

• Enforceable through civil and criminal processes
• Planning Process
• A municipal process to control the development of

communities through local ordinances and direct interventions

Common Terms

• Nuisance Ordinances
• Regulate the unreasonable or unlawful use of

property

• Protect life, health, and safety concerns in the

community

• Enforceable through civil and criminal

processes

• Building Review Process
• Enforce a building code through a plan

review and inspection process for major remodels and new construction

Authority and Responsibility Under Incorporation

New Authority/Responsibility

• Incorporated municipalities can regulate

life, health, safety, and construction issues unrelated to zoning/land use

• Accomplished through nuisance ordinances

and building code

New Authority/Responsibility

• Enforcement can include fines and

misdemeanor charges

• Criminal penalties vary
• Benchmark communities prioritize

cooperative resolution over citations

• Civilian and sworn personnel employed

by The Woodlands could enforce nuisance ordinances

New Authority/Responsibility

• Upon incorporation, The Woodlands

would be required to adopt and enforce a building code

• These functions are currently performed by

the County

Covenant Administration

Covenant Administration

• State code gives municipalities ability to enforce

covenants if they do not have zoning ordinances

• The Woodlands can retain covenant administration

after incorporation

• Enforcement of covenants can only be through a

civil process

• Benchmark communities who operate under a

planning and zoning model also emphasize civil remedies and pursue citations as a last resort, even though they have the authority to do so

• The new city would not have oversight of

planning and development activities in The Woodlands.

Planning and Zoning

Planning and Zoning

• The zoning ordinance would have to be

more restrictive than existing covenants to be enforceable

• The City could not directly enforce deed

restrictions

• Legal Question: Are there elements of

existing covenants that could not be covered under a zoning code?

Planning and Zoning

• Provides capacity for additional long

range planning and development process management

• Would require the addition of personnel

to administer the planning and land development processes

• Among The Woodlands’ five benchmark

communities, an average of 13 Full Time Equivalent (FTE) positions are employed in planning functions

Planning and Zoning

• Planning and zoning model may offer an
• pportunity to resolve covenant

violations or nuisance issues in a more timely fashion

• Need to understand how a “more restrictive”

zoning ordinance would impact notice timeframes

Planning and Zoning

Process Task The Woodlands Benchmark Communities Notes Inspect violation and mail/post initial notice 1 1 Owner given time to address violation 15 7 In The Woodlands, covenants require a 15-day waiting period Reinspection and mail/post second notice 1 1 Owner given time to address violation 15 7 In The Woodlands, covenants require a 15-day waiting period Reinspection and post final notice 1 1 In The Woodlands, this notice is addressed to the property owner from the Township’s legal counsel. Owner given time to address violation 5 5 Abatement 7 7 Assumes a contractor is available within 7 days City bills owner for abatement costs and fees 30 Township files suit to recover abatement costs 30 Liens filed 7 7 Assumes legal processes have concluded to allow filing within 7 days Total Estimated Days 82 66

Policy Questions

Questions for Public Comment

• Are there life, health, and safety type nuisances

you would like to regulate that The Woodlands cannot currently respond to?

• Is a criminal (misdemeanor) enforcement power

for code violations perceived as inherently stronger than civil enforcement mechanisms?

• As a new city, should The Woodlands control

development decisions in the community through planning and zoning?

• Are there potential development projects in The

Woodlands which cause you concern? Would you expect an incorporated city to exercise greater control over those issues?

Questions and Answers