§ 54-303. Protection of the Conservation Collier Lands.

(a)

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.

(b)

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.

(c)

The petition form shall:

(1)

State the public purpose for which the other-use dedication is being requested.

(2)

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.

(3)

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.

(4)

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.

(5)

Demonstrate how the other-use dedications of portions of program lands will not adversely affect any state or federally listed species.

(6)

Demonstrate that the proposed compensation meets the goals and purposes of the program and provides an exceptional benefit to the program.

(7)

Include the current value of the land to be acquired as provided for in Subsection 54-302(b).

(d)

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 54-304 of this article 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 54-304 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.

(e)

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.

(f)

To recommend approval of the petition, the CCLAAC must determine that:

(1)

There is a substantial public need for the other-use dedications of portions of program lands; and

(2)

There is no viable or reasonable alternative to meet the need other than the use of program lands; and

(3)

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

(4)

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

(5)

That the proposed conveyance of an interest in and use of program lands does not adversely affect any state or federally listed species; and

(6)

That the findings in this subsection (1) through (5) are expressly set forth along with the written commitment providing for compensation.

(f)

If CCLAAC finds that the petition fails to meet any of the requirements of subsection 54-303(f) of this article, the CCLAAC shall recommend that the Board of County Commissioners disapprove the petition.

(g)

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 subsections 54-303(f)(1)—(5) of this article has been met. An affirmative finding as to each criterion is necessary for the Board of County Commissioners to approve any petition.

(h)

An affirmative vote of 4/5 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.

(Ord. No. 2006-58, § 3)