MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Ways and Means

By: Representatives Fredericks, Barnett (116th)

AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF ANY COUNTY TO ENTER INTO DEVELOPMENT AGREEMENTS WITH THE DEVELOPERS OF MASTER PLANNED COMMUNITIES IN ORDER TO AUTHORIZE MASTER PLANNED COMMUNITIES, THROUGH A COMMUNITY SELF-GOVERNING ENTITY, TO ADMINISTER, MANAGE AND ENFORCE THE LAND USE RESTRICTIONS AND COVENANTS, ZONING REGULATIONS, BUILDING CODES AND REGULATIONS, AND ANY OTHER LIMITATIONS AND RESTRICTIONS ON LAND AND BUILDINGS PROVIDED FOR IN THE MASTER PLAN FOR SUCH COMMUNITY; TO PROVIDE THAT SUCH ENFORCEMENT SHALL BE IN LIEU OF THE REAL ESTATE AND PROPERTY OWNERS WITHIN THE MASTER PLANNED COMMUNITY BEING SUBJECT TO COUNTY ORDINANCES AND REGULATIONS PERTAINING TO BUILDINGS, SUBDIVISIONS, ZONING, THE COUNTY'S COMPREHENSIVE PLAN AND SIMILAR ORDINANCES OF THE COUNTY; TO PROVIDE THAT THE LIMITATIONS AND RESTRICTIONS PROVIDED FOR IN THE MASTER PLAN MUST BE COMPARABLE TO OR GREATER THAN THE SIMILAR REGULATIONS OR LIMITATIONS OF THE COUNTY; TO PROVIDE THAT IN CASES IN WHICH THE ORDINANCES OF THE COUNTY CONFLICT WITH THE DEVELOPMENT AGREEMENT, THE DEVELOPMENT AGREEMENT SHALL PREVAIL; TO DEFINE THE TERM "MASTER PLANNED COMMUNITY"; TO AMEND SECTION 65-4-5, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM "HIGH ECONOMIC BENEFIT PROJECT" AND TO DEFINE THE TERM "MASTER PLANNED COMMUNITY" FOR PURPOSES OF THE ECONOMIC DEVELOPMENT HIGHWAY ACT; TO AMEND SECTION 19-5-9, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The board of supervisors of any county is authorized to enter into one or more development agreements with the developer or developers of a master planned community in order to authorize, in addition to any other matters to which the board of supervisors may lawfully obligate the county, the master planned community, through a community self-governing entity created by the owners of the property, to administer, manage, and enforce the land use restrictions and covenants, zoning regulations, subdivision regulations, building codes and regulations, and any other limitations and restrictions on land and buildings provided in the master plan for the master planned community, in lieu of the real estate and property owners within the master planned community being subject to the county ordinances and regulations pertaining to buildings, subdivisions, zoning, the county's comprehensive plan, and any other county ordinances and regulations pertaining thereto. Prior to entering into any such development agreement, the board of supervisors shall review the master plan for the master planned community and find that the provisions of the master plan providing for regulations, restrictions, covenants and limitations pertaining to buildings, subdivisions, zoning and comprehensive planning shall be comparable to, or greater than, similar provisions in the ordinances and regulations of the county. The term of such a development agreement may be perpetual. The development agreement shall have attached to it a boundary survey made by a registered land surveyor, and upon approval of the development agreement by the board of supervisors, the boundary survey shall be recorded in the land records of the chancery clerk of the county. The recorded boundary survey shall serve as the description of the property within the master planned community which shall not be subject to the county's zoning map, and the county's zoning map shall simply recognize the territory described in such boundary survey as a "master planned community." Whenever there may be a conflict between the county ordinances and regulations pertaining to buildings, subdivisions, zoning, the county's comprehensive plan, and any other county ordinances and regulations pertaining thereto, and the provisions of such a development agreement, including the provisions of the master plan providing for regulations, restrictions, covenants, and limitations pertaining to buildings, subdivisions, zoning and comprehensive planning, the provisions of the development agreement and the master plan of the master planned community shall prevail.

(2) As used in this section, the term "master planned community" means a development by one or more developers of real estate consisting of residential, commercial, educational, health care, open space and recreational components that is developed pursuant to a long range, multi-phase master plan providing comprehensive land use planning and staged implementation and development and the master plan must include the following minimum provisions:

(a) The real estate described in the master plan must consist of at least three thousand five hundred (3,500) acres of which not less than fifty percent (50%) of the total dwelling units planned for such acreage must be:

(i) Dwelling units within a certified retirement community certified by the Mississippi Department of Economic and Community Development; or

(ii) Dwelling units where at least one (1) occupant:

A. Is at least sixty-two (62) years of age; or

B. Receives pension income reported on his most recent federal income tax return filed prior to occupancy; or

C. Declares himself to be retired.

(b) The real estate described in the master plan must be subjected to a set of land use restrictions imposed by deed restriction or restrictive covenants recorded by the developer in the land records of the chancery clerk of the county as land is developed and sold in phases to users. Such restrictions shall include design guidelines and standards that provide for:

(i) Internal community self-governance by the owners of the property;

(ii) The establishment of one or more legal persons endowed with the powers, rights and duties to administer, manage, own and maintain common areas, establish community activities and enforce the land use restrictions on the common areas and private property; and

(iii) The establishment of assessments and lien rights to fund amenities, services and maintenance of common areas.

(c) The real estate described in the master plan must be within the territorial boundaries of one (1) or more public utility districts established by the county for the provision of, at least, water and sewer facilities and services.

(3) The master plan for a master planned community shall be subject to modification from time to time by the original owner or owners of the real estate described in the initial master plan, its affiliates, successors or assigns, to meet changing economic and market conditions.

(4) Once a dwelling unit has met the criteria provided for in paragraph (a)(ii) of subsection (2) of this section, such dwelling unit shall thereafter be included in the fifty percent (50%) requirement provided for in paragraph (a) of subsection (2) of this section, notwithstanding the fact that subsequent thereto the dwelling unit is occupied by persons who do not meet the criteria provided for in paragraph (a)(ii) of subsection (2) of this section.

(5) As used in this section, the term "dwelling unit" means single-family residences, apartments or other units within a multi-family residence, or a room or apartment in a nursing home or congregate-care facility.

SECTION 2. Section 65-4-5, Mississippi Code of 1972, is amended as follows:

65-4-5. (1) The following words when used in this chapter shall have the meanings herein ascribed unless the context otherwise clearly requires:

(a) "Board" means the Mississippi Department of Economic and Community Development;

(b) "Department" means the Mississippi Department of Transportation;

(c) "High economic benefit project" means (i) any new investment by a private company with capital investments in land, buildings, depreciable fixed assets and improvements of at least Fifty Million Dollars ($50,000,000.00); (ii) any new investment of at least Twenty Million Dollars ($20,000,000.00) by a private company having capital investments in this state in land, buildings, depreciable fixed assets and improvements of at least One Billion Dollars ($1,000,000,000.00) in the aggregate; (iii) public investment of at least One Hundred Million Dollars ($100,000,000.00) to take place over a specified period of time and in accordance with a master plan duly adopted by the controlling political subdivision; (iv) any new investments in land, buildings, depreciable fixed assets and improvements by two (2) private companies upon land that is adjacent whenever the new investments of both companies is at least Sixty Million Dollars ($60,000,000.00) in the aggregate, and such new investments by both private companies provide for the employment of at least five hundred (500) employees in the aggregate; (v) any project which would benefit from the construction of any highway bypass which would aid in economic development and would provide an alternate route to avoid an existing route which underpasses a railroad and which would aid in existing or proposed industry; or (vi) any master planned community * * *;

(d) "Political subdivision" means one or more counties or incorporated municipalities in the state, or a state-owned port located in a county bordering on the Gulf of Mexico;

(e) "Private company" means (i) any agricultural, aquacultural, maricultural, processing, distribution, warehousing, manufacturing or research and development enterprise; (ii) any air transportation and maintenance facility, regional shopping mall, hospital, large hotel, resort or movie industry studio; (iii) the federal government with respect to any specific project which meets the criteria established in paragraph (c) (i) of this subsection; (iv) any existing or proposed industry in regard to a project described in paragraph (c) (v) of this subsection; or (v) a developer with respect to any specific project which meets the criteria established in paragraph (c) (vi) of this subsection.

(f) "Master planned community" means a development by one or more developers of real estate consisting of residential, commercial, educational, health care, open space and recreational components that is developed pursuant to a long range, multi-phase master plan providing comprehensive land use planning and staged implementation and development and the master plan must include the following minimum provisions:

(i) The real estate described in the master plan must consist of at least three thousand five hundred (3,500) acres of which not less than fifty percent (50%) of the total dwelling units planned for such acreage must be:

A. Dwelling units within a certified retirement community certified by the Mississippi Department of Economic and Community Development; or

B. Dwelling units where at least one (1) occupant:

1. Is at least sixty-two (62) years of age; or

2. Receives pension income reported on his most recent federal income tax return filed prior to occupancy; or

3. Declares himself to be retired.

(ii) The real estate described in the master plan must be subjected to a set of land use restrictions imposed by deed restriction or restrictive covenants recorded by the developer in the land records of the chancery clerk of the county as land is developed and sold in phases to users. Such restrictions shall include design guidelines and standards that provide for:

A. Internal community self-governance by the owners of the property;

B. The establishment of one or more legal persons endowed with the powers, rights and duties to administer, manage, own and maintain common areas, establish community activities and enforce the land use restrictions on the common areas and private property; and

C. The establishment of assessments and lien rights to fund amenities, services and maintenance of common areas.

(iii) The real estate described in the master plan must be within the territorial boundaries of one (1) or more public utility districts established by the county for the provision of, at least, water and sewer facilities and services.

The master plan for a master planned community shall be subject to modification from time to time by the original owner or owners of the real estate described in the initial master plan, its affiliates, successors or assigns, to meet changing economic and market conditions.

Once a dwelling unit has met the criteria provided for in item (i)B of this paragraph (f), such dwelling unit shall thereafter be included in the fifty percent (50%) requirement provided for in item (i) of this paragraph (f) notwithstanding the fact that subsequent thereto the dwelling unit is occupied by persons who do not meet the criteria provided for in item (i)B of this paragraph (f).

As used in this paragraph (f) the term "dwelling unit" means single-family residences, apartments or other units within a multi-family residence, or a room or apartment in a nursing home or congregate-care facility.

(2) The Mississippi Department of Transportation is hereby authorized to purchase rights-of-way and construct and maintain roads and highways authorized to be constructed pursuant to this chapter.

SECTION 3. Section 19-5-9, Mississippi Code of 1972, is amended as follows:

19-5-9. The construction codes published by a nationally recognized code group which sets minimum standards and has the proper provisions to maintain up-to-date amendments are hereby adopted as minimum standard guides for building, plumbing, electrical, gas, sanitary, and other related codes in Mississippi. Any county within the State of Mississippi, in the discretion of the board of supervisors, may adopt building codes, plumbing codes, electrical codes, sanitary codes, or other related codes dealing with general public health, safety or welfare, or a combination of the same, within but not exceeding the provisions of the construction codes published by nationally recognized code groups, by order or resolution in the manner herein prescribed, but said codes so adopted shall apply only to the unincorporated areas of the county. However, such codes shall not apply to the erection, maintenance, repair or extension of farm buildings or farm structures, except as may be required under the terms of the "Flood Disaster Protection Act of 1973" and shall apply to a master planned community as defined in Section 1 of House Bill No.__ __, 2000 Regular Session, only to the extent allowed in Section 1 of House Bill No. , 2000 Regular Session. The provisions of this section shall not be construed to authorize the adoption of any code which applies to the installation, repair or maintenance of electric wires, pipelines, apparatus, equipment or devices by or for a utility rendering public utility services, required by it to be utilized in the rendition of its duly authorized service to the public. Before any such code shall be adopted, it shall be either printed or typewritten and shall be presented in pamphlet form to the board of supervisors at a regular meeting. The order or resolution adopting such code shall not set out said code in full, but shall merely identify the same. The vote or passage of the order or resolution shall be the same as on any other order or resolution. After its adoption, such code or codes shall be certified to by the president and clerk of the board of supervisors and shall be filed as a permanent record in the office of the clerk who shall not be required to transcribe and record the same in the minute book as other orders and resolutions.

All provisions of this section shall apply to amendments and revisions of the codes mentioned herein. The provisions hereof shall be in addition and supplemental to any existing laws authorizing the adoption, amendment or revision of county orders, resolutions or codes.

Any code adopted under the provisions of this section shall not be in operation or force until sixty (60) days have elapsed from the adoption of same; however, any code adopted for the immediate preservation of the public health, safety and general welfare may be effective from and after its adoption by a unanimous vote of the members of the board. Within five (5) days after the adoption or passage of an order or resolution adopting such code or codes the clerk of the board of supervisors shall publish in a legal newspaper published in said county the full text of said order or resolution adopting and approving said code, and said publication shall be inserted at least three (3) times, and shall be completed within thirty (30) days after the passage of said order or resolution.

Any person or persons objecting to such code or codes may object in writing to the provisions of said code or codes within sixty (60) days after the passage of the order or resolution approving same, and if the board of supervisors adjudicates that ten percent (10%) or more of the qualified electors residing in the affected unincorporated areas of the county have objected in writing to said code or codes, then in such event said code shall be inoperative and not in effect unless adopted for the immediate preservation of the public health, safety and general welfare until approved by a special election called by the board of supervisors as other special elections are called and conducted by the election commissioners of said county as other special elections are conducted, said special election to be participated in by all the qualified electors of said county residing in the unincorporated areas of the county. If the voters approve said code or codes in said special election it shall be in force and in operation thereafter until amended or modified as herein provided. If the majority of the qualified electors voting in said special election vote against said code or codes, then, in such event, said code or codes shall be void and of no force and effect, and no other code or codes dealing with such subject shall be adopted under the provisions of this section until at least two (2) years thereafter.

After any such code shall take effect the board of supervisors is authorized to employ such directors and other personnel as the board, in its discretion, deems necessary and to expend general county funds or any other funds available to the board to fulfill the purposes of this section.

For the purpose of promoting health, safety, morals or the general welfare of the community, the governing authority of any municipality, and, with respect to the unincorporated part of any county, the governing authority of any county, in its discretion, are empowered to regulate the height, number of stories and size of building and other structures, the percentage of lot that may be occupied, the size of the yards, courts and other open spaces, the density or population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes, but no permits shall be required except as may be required under the terms of the "Flood Disaster Protection Act of 1973" for the erection, maintenance, repair or extension of farm buildings or farm structures outside the corporate limits of municipalities.

The authority herein granted is cumulative and supplemental to any other authority granted by law.

SECTION 4. This act shall take effect and be in force from and after its passage.