DECLARATION OF RESTRICTIVE COVENANT
VOLUNTARY MITIGATION OF STUDENT IMPACT
RECOMMENDED
PROCEDURES
FOR
EXECUTING AND RECORDING
Utilizing the Districts forms, a proposed Declaration of Restrictive Covenant for applicable land use plan amendment, rezoning application or other development which affects school enrollment must be submitted to the Director, or designee, Growth Management Division, Facility Management, Planning and Site Acquisition
Department for review, subsequent approval, execution and recording as directed prior to the land use, rezoning or development approval becoming effective.
The procedure for processing a Restrictive Covenant is as follows:
1.
Upon adoption of the pertinent land use, rezoning or development approval by the Broward County
Commission or municipal governing body, and prior to the land use, rezoning or development approval becoming effective, a completed Declaration of Restrictive Covenant utilizing the sample Restrictive
Covenant provided by the Broward County School District should be prepared by the applicant or property owner.
2.
Transmit fully completed draft Restrictive Covenant including the appropriate legal description and sketch, legal owner and mortgagee (if any) of the subject property to the Director or designee, Growth
Management Division for review.
3.
The Director or designee shall review the submitted draft Restrictive Covenant; make necessary corrections and forward the draft Restrictive Covenant and necessary exhibits to the School Board
Attorney or designated cadre attorney for legal review.
4.
The School Board Attorney or cadre attorney shall review the draft Restrictive Covenant, make necessary corrections and communicate such corrections to the Director or designee, Growth
Management Division prior to finalizing the legal review. A copy of the proposed revised draft
Restrictive Covenant will be provided to the owner/applicant for comment.
5.
Upon determination by the School Board Attorney that the Restrictive Covenant is satisfactory for execution and recordation, the School Board Attorney or cadre attorney shall send written notice to the owner/applicant with instructions to proceed to execution and recordation of the Covenant. Also, the
Attorney or cadre attorney shall copy the Director or designee Growth Management Division and the
Executive Director or designee, Broward County Planning Council with the same notice and copy of the
Restrictive Covenant provided to the owner/applicant for execution and recordation.
6.
Upon execution and recordation of the Restrictive Covenant, the owner/applicant shall send a copy of the recorded Covenant to the Director or designee, Growth Management Division, School Board
Attorney or cadre attorney, and the Executive Director or designee, Broward County Planning Council who shall verify that the recorded Covenant is the same copy provided by the Attorney or cadre attorney to the owner/applicant for recordation.
7.
If it is determined that the recorded copy is different from that provided by the Attorney or cadre attorney to the owner/applicant or the proper Exhibits have not been attached to the recorded
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Declaration, the Executive Director or designee, Broward County Planning Council shall not accept the
Covenant and the owner/applicant shall be determined to have failed to met the conditional approval regarding the execution and recordation of a satisfactory legal document to address the student impact anticipated from the subject land use plan amendment, rezoning or development application, and as such will be advised by the Attorney or cadre attorney to revise and re-record the Covenant to the satisfaction of the School District.
8.
Upon execution and recordation of an acceptable Restrictive Covenant, the applicant shall send a copy of the recorded Covenant to the Director or designee, Growth Management Division, who shall maintain record of the Covenant for the School District.
PLEASE NOTE ----THIS PROCESS MAY TAKE SIGNIFICANT TIME TO COMPLETE AND IS
DEPENDENT UPON THE PROPER COMPLETION OF THE APPROPRIATE
FORM AND THE APPLICANTS SUBMITTAL OF THE CORRECT
OWNERSHIP AND LEGAL DESCRIPTION INFORMATION.
Revised 5/10/05
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