Resolution 2010-213
RESOLUTION NO. 2010-..2.13
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A POLICY FOR
ACCEPTANCE OF MONETARY PAYMENT OR LAND
DONATION BY THE CONSERVATION COLLIER LAND
ACQUISITION PROGRAM AS AN OFF-SITE NATIVE
VEGETATION RETENTION ALTERNATIVE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Collier County (County) has recognized the need to plan for future growth
and has initiated a long-term program, known as the Conservation Collier Land Acquisition
Program, (Conservation Collier Program) to acquire, protect, restore and manage
environmentally sensitive lands in perpetuity and to provide public open space for the benefit of
present and future generations; and
WHEREAS, the Conservation Collier Program includes protection of the County's
natural resources, including upland and wetland communities, native plant communities,
endemic species, and endangered species; and
WHEREAS, protected lands include those that provide appropriate natural resource-
based recreational and educational opportunities, flood control and aesthetic or other natural
features; and
WHEREAS, the Conservation Collier Implementation Ordinance (hereafter referred to as
"Ordinance No. 2002-63, as amended") has described criteria and a process for acceptance of
lands offered for sale and donation; and
WHEREAS, Preservation criteria described in the Land Development Code Section
3.05.07 are deemed substantially consistent with those of Conservation Collier,
WHEREAS, Ordinance No. 2005-49, as amended, also known as the Land Development
Code (LDC), Section 3.05.07 entitled "Preservation Standards," states that the County is to
provide an alternative to on-site native vegetation retention by making a monetary payment or
land donation to satisfy native vegetation requirements.
WHEREAS, Ordinance No. 2002-63, as amended provides for the establishment of the
Conservation Collier Acquisition Trust Fund with the ability to receive monies from donations
for acquisition of environmentally sensitive lands;
NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION I. Findings
It is found and declared that:
(A) This policy is intended to apply when the offsite native vegetation retention requirements
may be met by monetary payment or by land donation under LDC Section 3.05.07 of the
Land Development Code (LDC).
(B) Monetary donations shall be equal to 125 per cent of the average cost of lands purchased
by Conservation Collier within the same Designation, as defined by the Future Land Use
Element (FLUE), as those being mitigated for
(C) Donations of lands offered to the Conservation Collier Program must be evaluated
pursuant to the procedures identified in the Conservation Collier Ordinance and may
only be accepted and approved for management by the Board of County Commissioners.
SECTION II. Acceptance of lands offered for conveyance or Donation:
(A) Potential land donations shall go through a separate "fast-track" evaluation process and
will not be ranked in a regular cycle.
(B) The Conservation Collier Land Acquisition Advisory Committee (CCLAAC) shall use
the following criteria in addition to those of the Conservation Collier Implementation
Ordinance in reviewing lands proposed for donation:
1. The native vegetation community (habitat) from the proposed donation is at least
as high a conservation priority as the vegetation community (habitat) from land
required to be preserved onsite during the land development review process.
2. The acreage of lands proposed for donation is at least as much as the acreage as
that being mitigated for;
3. The lands proposed for donation are located entirely within Collier County;
4. The lands proposed for donation are free of exotic invasive plant species or will
have all non-native invasive, nuisance and Category I and II plants included on
the most current Florida Exotic Pest Plant Council's List of Invasive Plant Species
and in LDC Section 3.05.08 removed at the owner's expense prior to acceptance
by Conservation Collier. All exotics within the first 75 feet of the outer edge of
the proposed donation parcel (s) shall be physically removed, or the vegetation
cut down to grade, cut debris removed and the stump treated. Exotics within the
interior of the property may be approved to be treated in place if it is determined
that physical removal might cause more damage to the native vegetation in the
preserve donation parcel. When exotic vegetation is removed, but the base of the
vegetation remains, the base shall be treated with an U.S. Environmental
Protection Agency approved herbicide and a visual tracer dye shall be applied.
Any person who supervises up to eight people in the application of pesticides and
herbicides in the chemical maintenance of exotic vegetation in preserve lands
shall maintain the Florida Dept. of Agriculture and Consumer Services
certifications for Natural Areas Pesticide Applicators or Aquatic Herbicide
Applicators dependent upon the specific area to be treated.
5. Where lands have been used as mitigation for Federal, State or County permit or
approval, requirements for mitigation, remediation and monitoring shall be the
responsibility of the applicant, in accordance with the approved permit conditions
and acceptable to the County.
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6. A management endowment of funds equaling, at minimum, 25 percent of the per-
acre value of the land conveyed is provided.
(C) The CCLAAC will consider with high priority the following types of land donations:
I. Lands within the boundary of an approved Conservation Collier multi-parcel
project;
2. Lands within target areas that have been deemed of interest to Conservation
Collier;
3. Lands adjacent to existing Conservation Collier preserve holdings;
4. Lands that have not been used as mitigation for any other Federal, State or county
permit or approval;
(D) In the event of a conflict between the LDC and this Resolution, the LDC shall prevail.
SECTION III. Effective Date.
.'" .
This Resolution adopted and made effective this :.fJ.../v-'!! day of (>(1t~010, after motion,
second and majority vote favoring same.
ATTEST:
Dwigh~ B; Brock; ~lerk
".;-' .
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
'~.LW. ~
Fred W. Coyle, Chairman '-
,
Jenn~~~
Assistant County Attorney
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