HomeMy WebLinkAboutORD 6183 AMEND ARC CODE SUBDIVISION COVENANTS
Augusta Richmond GA
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DOCUMENT TYPE: ~ R. t> \ N A rJGb
YEAR: 1 QC19
BOX NUMBER: "1
FILE NUMBER: J Y ~ 9 4>
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ORDINANCE NO. 6183
AN ORDINANCE TO AMEND TITLE 8 OF THE
AUGUSTA-RICHMOND COUNTY CODE SO AS TO
AMEND TITLE 8 TO ADD A NEW CHAPTER ENTITLED
"SUBDIVISION COVENANTS"; TO PROVIDE AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES
BE IT ORDAINED BY THE AUGUST A-RICHMOND COUNTY
COMMISSION, AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME
AS FOLLOWS:
Section 1. The Augusta-Richmond County Code, Title 8, is hereby amended by
creating a new chapter to be designated as Section 8-9-1, et seq., to provide as follows:
S 8-9-1.
PURPOSE.
The Augusta-Richmond County Commission has determined that the building
of subdivision in phases, and the connecting of subdivisions by connector streets,
with dissimilar restrictive covenants being imposed by the developer in the respective
sections or subdivisions, leads to incompatible housing and aesthetically dissimilar
housing. The Augusta-Richmond County Commission has determined that it is in the
public interest to regulate such restrictive covenants to the extent allowed by law, by
prohibiting the dedication of public streets and public utilities within said
subdivisions with dissimilar covenants.
S 8-9-2.
ACCEPTANCE OF DEEDS OF DEDICATION OF STREETS
AND UTILITIES.
A developer of a new subdivision, or of a new phase to an eXlstmg
subdivision, which has existing restrictive covenants recorded in the Office of the
Clerk of Superior Court, shall be required, as a prerequisite to presenting to the
County for acceptance a Deed of Dedication to any streets within the subdivision or
any utilities within the subdivision, to present to the Executive Director of the
Augusta-Richmond County Planning Commission, restrictive covenants, in a form
suitable for recording, to be placed upon the new subdivision or the new section of
an existing subdivision. These restrictive covenants must be at least as restrictive as
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those covenants applicable to the existing subdivision, or the previous phase of a
subdivision, to which the new subdivision will connect.
S 8-9-3.
APPEAL.
Should the Executive Director of the Augusta-Richmond County Planning
Commission determine that the covenants are not compatible with the existing
covenants, the Executive Director shall recommend to the Augusta-Richmond
County Commission that it not accept for dedication any public street or utility to be
dedicated to the public use. The developer may appeal any such decision or'
recommendation by the Executive Director to the Augusta-Richmond County
Commission.
Section 2. This ordinance shall become effective upon adoption.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed.
Duly adopted this _ day of
July , 1999.
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1st Reading July 6, 1999
2nd Reading July 20, 1999
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