Ordinance 2006-58
ORDINANCE NO. 2006 _ 58
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, EST ABLISHING AN EXCEPTIONAL
BENEFITS PROCESS AND PROCEDURE,
PROVIDING FOR A SHORT TITLE, INTENT,
APPLICABILITY, AUTHORITY; PROVIDING FOR
DEFINITIONS; PROVIDING FOR PROTECTION
OF THE CONSERVATION COLLIER LANDS;
PROVIDING FOR EXCEPTIONAL BENEFITS
COMPENSATION FOR ANY CONVEYANCE OF AN
INTEREST IN CONSERVATION COLLIER LANDS;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE OF LAWS AND
ORDINANCES AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted the Conservation
Collier Ordinance 2002-63 on December 3, 2002 pursuant to a referendum to acquire,
protect, restore and manage environmentally sensitive lands in Collier County; and
WHEREAS, the Board of County Commissioners has acquired over 400 acres of
land for long-term conservation using these funds; and
WHEREAS, the Board of County Commissioners has previously determined that
the public interest is best served by these lands being preserved and managed as preserves)
or for conservation forever, and that the best means of ensuring permanent preservation is;
to provide multiple layers of protection for conservation lands through third party',
conservation easements, deed restrictions, and shared title; and
. !
WHEREAS, the Board of County Commissioners has determined that theI):Ublic~,
interest may be served in certain circumstances by allowing portions of lands a~(ijuired.
through the Conservation Collier Program (Program) to be dedicated to other pubiic useS,)
when such dedication results in an exceptional benefit to the Program; and
WHEREAS, the Board of County Commissioners has determined that an
exceptional benefit to the Program can only be ensured by requiring that all conveyances
of an interest in Program Lands be offset by: 1) the acquisition and transfer of lands into
the Program and the permanent preservation of higher quality environmentally sensitive
lands, greenways or open space or water resource lands of greater acreage or more
suitable location than the interest in conservation lands conveyed, 2) payment, or 3) a
combination thereof; and
WHEREAS, the Board of County Commissioners has determined that it is
desirable to establish a public process and procedure for approving Other-use
Dedication(s) of Program Lands when such dedication(s) is necessary to the public
interest and results in an exceptional benefit to the Program.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Section 1. SHORT TITLE. INTENT. APPLICABILITY. AUTHORITY:
1.01 This Ordinance shall be known as the "Conservation Collier
Exceptional Benefits Ordinance."
1.02 It is the intent of this Ordinance to recognize that while the public
interest is best served when the Program Lands as defined in
subsection 2.01 are allowed to remain as conservation lands in
perpetuity, the public interest may also be served in certain
circumstances where portions of Program Lands, subject to
existing grant restrictions or partnership agreements, are dedicated
to other public uses thereby providing necessary public
infrastructure in addition to an exceptional benefit to the Program.
1.03 It is the intent of this Ordinance to recognize that Other-use
Dedications of portions of Program Lands that fail to result in an
exceptional benefit to the Program as defined in subsection 2.04
are not in the public interest and shall be prohibited.
1.04 It is the intent of this Ordinance to provide a process and
procedure whereby the Conservation Collier Land Acquisition
Advisory Committee (CCLAAC) can evaluate and make a
recommendation at a publicly-noticed meeting to the Board of
County Commissioners as to whether Other-use Dedications of
portions of Conservation Collier Lands provide an exceptional
benefit to the Program.
1.05 The provisions of this Ordinance apply to the Conservation
Collier Lands as defined in subsection 2.01.
1.06 It is the intent of the Board of County Commissioners that this
Ordinance be construed to ensure the long-term protection and
preservation of Conservation Collier Lands through the
application of the criteria contained herein.
1.07 This Ordinance is adopted under the authority of Chapter 125,
Florida Statutes. The County Manager, or his designee, shall
administer this Ordinance.
Section 2. DEFINITIONS:
2.01 Program Lands are those lands acquired in whole or in part from
funds obtained from the Conservation Collier Trust Fund as
allowed by Ordinance No. 2002-63, as amended, as well as lands
donated to the Conservation Collier Program.
2.02 Dedications (Other-use Dedications) means: 1) a conveyance of
fee simple interest of Program Lands or an easement interest in
Program Lands to an entity other than Collier County or 2) a
change of the primary use of the Program Lands from conservation
and preservation to some other use which benefits the public so
long as fee simple interest remains in favor of Collier County.
2.03 Interest in Program Lands means a fee simple interest, easement,
right-of-way, or a formal declaration of a use not initially intended
for the property acquired as conservation lands. Uses not initially
intended include, but are not limited to, utility systems and
facilities and roadways.
2.04 Exceptional Benefit to the Program means that the proposed
Other-use Dedications of portions of Conservation Collier Lands is
consistent with the goals, objectives and policies of the program
and is offset by the transfer into the Program of funds, land, or a
combination thereof that results in a greater value or acreage for
the Program.
Section 3. PROTECTION OF THE CONSERVATION COLLIER
LANDS:
3.01 A governmental entity, including the County acting through one of
its departments, may request an Interest in Program Lands by
submitting a written petition to the County Manager or his
designee on behalf of the Board of County Commissioners.
3.02 The County Manager or his designee will bring the petition to the
CCLAAC who will evaluate and determine in a public forum
whether a potential Other-use Dedication of portions of
Conservation Collier Lands provides an Exceptional Benefit to the
Program prior to any disposition of Program Lands.
3.03 The Petition Form shall:
A. State the public purpose for which the Other-use Dedication is
being requested.
B. Provide a history and discussion of the alternatives to
requesting the specific interest in Program Lands and
demonstrate with supporting documentation as to why other
alternatives are not acceptable.
C. Demonstrate with supporting documentation that the requested
Other-use Dedications of portions of Program Lands takes the
minimum acreage and, to the maximum extent possible,
minimizes deleterious intrusion, preserves higher quality or
acreage of lands than those sought if a land exchange is being
offered, impacts the lowest quality habitat, and avoids habitat
fragmentation, noise and light pollution that would adversely
affect the adjacent remaining Program Lands.
D. Demonstrate with supporting documentation a substantial
public need for the particular interest in Program Lands
requested, why there are no acceptable alternatives to meet the
need, why the competing public use must occur at that
location, and how the Other-use Dedications of portions of
Program Lands will be offset to ensure an Exceptional Benefit
to the Program.
E. Demonstrate how the Other-use Dedications of portions of
Program Lands will not adversely affect any State or Federally
listed species.
F. Demonstrate that the proposed compensation meets the goals
and purposes of the Program and provides an Exceptional
Benefit to the Program.
G. Include the current value of the land to be acquired as
provided for in Section 4.02.
3.04 Prior to any action by the Board of County Commissioners
regarding the Other-use Dedications of portions of Program Lands,
the CCLAAC, or its successor(s), shall review and prepare
findings and recommendations on the proposed compensation
pursuant to Section 4 of this Ordinance to determine: 1) whether
any substitute lands offered meet the criteria for acquisition under
Ordinance 2002-63, as amended, Section 10; 2) whether the
substitute lands offered meet the purposes for which the affected
Program Lands were initially acquired; and 3) whether the
proposed compensation pursuant to Section 4 provides an
Exceptional Benefit to the Program. The CCLAAC shall make its
findings and recommendations no later than 90 calendar days after
receipt of the petition by the County Manager or his designee. If
the affected Program Lands are within municipal boundaries, the
petition for conveyance of an interest in Program Lands shall be
submitted for review by that municipality. The municipality shall
have 90 calendar days from receipt of the request by its mayor or
manager to provide comments and recommendations to County
Manager or his designee, who shall provide copies of the
comments and recommendations received from CCLAAC and the
applicable municipality to the Board of County Commissioners at
the public hearing where the petition for Other-use Dedications of
portions of Program Lands is being considered.
3.05 If the CCLAAC has been disbanded, the Petition will proceed
directly to the Board of County Commissioners and/or Mayor of
any affected municipality to request approval.
3.06 To recommend approval of the petition, the CCLAAC must
determine that:
A. There is a substantial public need for the Other-use Dedications
of portions of Program Lands; and
B. There is no viable or reasonable alternative to meet the need
other than the use of Program Lands; and
C. That the requested Other-use Dedications of portions of
Program Lands is the minimum acreage necessary and, to the
maximum extent possible, preserves higher quality or quantity
lands than those sought if a land trade is being offered, impacts
the lowest quality habitat, and avoids habitat fragmentation,
noise, and light pollution to the adjacent remaining Program
Lands; and
D. That the proposed compensation meets the goals and purposes
of the Program for acquisition and is sufficient to ensure that
the proposed conveyance will result in an Exceptional Benefit
to the Program; and
E. That the proposed conveyance of an interest in and use of
Program Lands does not adversely affect any State or Federally
listed species; and
F. That the findings in this subsection A. through E. are expressly
set forth along with the written commitment providing for
compensation.
3.07 If CCLAAC finds that the Petition fails to meet any of the
requirements of Section 3.06 of this Ordinance, the CCLAAC shall
recommend that the Board of County Commissioners disapprove
the petition.
3.08 The Petition shall be brought to the Board of County
Commissioners at a publicly-noticed meeting in order to review
and consider the recommendation of the CCLAAC and to
determine whether the criteria set forth in subsection 3.06, A-E of
this Ordinance has been met. An affirmative finding as to each
criterion is necessary for the Board of County Commissioners to
approve any Petition.
3.09 An affirmative vote of four-fifths of the full membership of the
Board of County Commissioners shall authorize an appropriate
conveyance of an interest in, or easement over, or declaration of
other public use, on lands held for the Program.
Section 4. COMPENSATION FOR INTERESTS IN PROGRAM
LANDS:
4.01 In order to ensure that the conveyance of an interest in Program
Lands results in an Exceptional Benefit to the Program, the
proposed conveyance must be offset by the acquisition and transfer
into the Program of land or payment of funds that satisfies the
definition of an Exceptional Benefit as stated in subsection 2.04 of
this Ordinance.
4.02 The value of the land to be acquired as compensation for the use of
Program Lands shall exceed the current value of the Program
Lands proposed for other use. The current value of the interest in
Program Lands shall be determined by the purchase policy as set
forth in Section II of Resolution 2003-195, and as superseded. If
the net value of the land to be acquired as compensation for the use
of Program Lands does not exceed the then current value of the
Program Lands proposed for other use, the difference shall be
made up monetarily, and those funds shall be remitted to the
Program.
4.03 Land or funds, or some combination of both, conveyed into the
Program shall exceed 100% of the value of lands or interest in
lands proposed for conveyance out of the Program. In valuing the
interest of Program Lands, the value of any development rights
originally purchased shall be included.
4.04 With exceptions as approved by the Board of County
Commissioners, if less than five (5) acres remam as Program
Lands; the entire parcel may be purchased.
4,05 Quality of habitat for land offered as compensation for
Environmentally Sensitive Lands as defined in Section 5.6 of
Ordinance, No. 2002-63, as amended, also known as the
Conservation Collier Ordinance, shall be determined by the rarity
and diversity of native ecosystems, function of the habitat in terms
of its ability to support wildlife, adjacency to or connectivity
between exiting Program Lands, and the presence of State or
Federally listed species. If the affected Program Lands are not
Environmentally Sensitive Lands, as defined in Section 5.6 of
Ordinance No. 2002-63, as amended, the land offered for
compensation pursuant to Section 4 of this Ordinance shall satisfy
or exceed the purposes served by the conveyed Program Lands
according to the acquisition criteria in Section 10 of Ordinance No.
2002-63, as amended.
4.06 Compensation pursuant to this Section shall be provided at the
time of Board approval of any Other-use Dedication or transfer of
interest in Program Lands.
4.07 The party acquiring the interest in Program Lands shall be
responsible for all associated costs, including but not limited to,
costs of appraisals, environmental surveys, boundary surveys,
documentary stamps, costs of recording, title commitments and
title insurance. These costs are not deemed to be part of the
Exceptional Benefit valuation.
Section 5. EXEMPTIONS:
The following circumstances shall be exempt from the foregoing process
as set forth in Sections 3 and 4 of this Ordinance.
5.01 Conveyance of an interest in Program Lands where the affected
Program Lands will benefit by providing public access where there
was previously no reasonable public access.
5,02 Conveyance of an interest in Program Lands at the time of, and as
part of, the acquisition process is exempt from this Ordinance.
5,03 Conveyance of a conservation easement to a government or a non-
profit conservation organization for the purpose of permanent
preservation is exempt from this Ordinance.
Section 6. CONFLICT AND SEVERABILITY:
In the event this Ordinance conflicts with any other Ordinance of Collier
County or other applicable law, the more restrictive shall apply. If any
phase, or portion of the Ordinance is held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not
affect the validity of the remainder portion.
Section 7. INCLUSION IN THE CODE OF LAWS AND
ORDINANCES:
The provisions of this Ordinance shall become and be made a part of the
Code of Laws and Ordinances of Collier County, Florida. The sections of
the Ordinance may be renumbered or re-lettered to accomplish such, and
the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
Section 8. EFFECTIVE DATE:
The provisions of this Ordinance shall become effective upon filing with
the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this .;? S tI1 day of Nl.IvoIII:f,f2006.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~A~~te~(
~/~c-
By:
Deputy Clerk
, Attest II to Ch4 t run s
sit]~.H.IH"f (}nl-
Approved as to Form and Legal Sufficiency:
FRANK HALAS, Chairman
~CJ.kS ~cL.~
Jennifer A. Belpedi
Assistant County Attorney
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2006-58
which was adopted by the Board of County Commissioners
on the 28th day of November, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of November, 2006.
DWIGHT E. BROCK
f" . ',,'\-1: f, .
Clerk of Courts and.Cl~rk .
Ex-officio to Board of
County Commission~rs
.'
.',.11
v'
',' . I ".
~ h~~<~-.
By: Ann Jenne john, :1:) \l 'J~ ,;'
Deputy Clerk
'-