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Planning board member requests workshop to review family-hardship land-use rules, including sunset on sale restrictions
Summary
A board member asked the Nassau County Planning and Zoning Board on May 20 to schedule a workshop to consider changes to family-hardship development rules, proposing a sunset on restrictions that bar sale to nonfamily members and asking whether restrictions could be limited to 10 years like SHIP program deeds.
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A Nassau County planning board member on May 20 requested staff schedule a workshop to explore changes to the county’s family-hardship land-use rules, including proposals for a time-limited sunset on deed restrictions that currently limit resale to nonfamily members.
During general public comment, the board member said they had discussed the issue with the county manager and asked that staff place an item on a future agenda or schedule a workshop. The member urged consideration of a ‘‘sundown clause’’ so that restrictions on sale to nonfamily members would expire after a set period, citing the county’s SHIP down-payment assistance program as an example with a 10-year restriction. The member said: “a good man leaveth an inheritance to his children and his children's children,” and said residents should be able to gift land to future generations beyond direct children.
Planning staff responded that significant changes to the Land Development Code typically belong to the comprehensive plan and LDC update process and are not handled as one-off items, but staff said a workshop-style agenda item could be scheduled if the board provides clearer direction on the topics and the information the board wants staff to prepare. The chair and staff suggested the member meet with staff (references in the record to Ms. May and Elizabeth) to refine questions and potential data needs; staff indicated they would coordinate dates with clerks and the board for a future workshop or a one-hour session before a regular meeting.
Several board members voiced support for exploring changes. One board member noted that marketable-title recording rules may cause certain deed restrictions to lapse unless renewed, and staff acknowledged owners may need to renew restrictions. The board asked staff to follow up and said members could also provide additional direction to staff by e-mail.
The board agreed to pursue scheduling and staff said they would follow up with the requestors to set a workshop or agenda item in coordination with planning staff and clerks.
