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 Collier County
 Code of Ordinances
 Chapter 54. ENVIRONMENT
 Article X. EXCEPTIONAL BENEFITS PROCESS

  § 54-304. Compensation for interests in program lands.  

Latest version.

  • (a)

    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 54-203(d) of this article.

    (b)

    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in program lands shall be determined by the purchase policy as set forth in Section II of Resolution 2003-195, and as superseded.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.

    (c)

    Land or funds, or some combination of both, conveyed into the program shall exceed 100 percent 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.

    (d)

    With exceptions as approved by the Board of County Commissioners, if less than five acres remain as program lands; the entire parcel may be purchased.

    (e)

    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 existing 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 54-304 of this article 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.

    (f)

    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.

    (g)

    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.

(Ord. No. 2006-58, § 4)