Chapter 4. SITE DESIGN AND DEVELOPMENT STANDARDS

Appendix 4.08.00. RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES

§ 4.08.06. SSA Designation

Latest version.

Lands within the RLSA District may be designated as SSAs subject to the following regulations:

Lands Within the RLSA District that can be Designated as SSAs. Any privately held land within the RLSA District delineated on the RLSA Overlay Map as FSA, HSA, WRA, Restoration, or Open, may be designated as an SSA, including lands within the ACSC.

May be within an SRA Boundary. A WRA, whether designated as an SSA or not, may be contiguous to or surrounded by an SRA. Should a WRA be used to provide water retention for an SRA, the provisions of section 4.08.06 A.4.b. shall apply.

FSA Delineated Lands.

In the case where lands delineated as FSA are designated as an SSA, at a minimum, Residential uses, General conditional uses , Earth Mining and Processing Uses, and Recreational Uses (layers 1-4) as listed in the Land Use Matrix shall be eliminated as permitted land uses.

Conditional use essential services and governmental essential services , other than those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with a Natural Resource Stewardship Index value of 1.2 or less.

Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and gas exploration and oil and gas field development , and production activities in FSAs in order to minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on June 16, 2005, regardless of whether the activity occurs within the Big Cypress Swamp as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, FAC. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C. even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protect from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)1 through 12, FAC. Nothing contained herein alters the requirement to obtain conditional use permits for oil and gas field development and production activities. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and gas exploration and oil and gas field development and production activities in FSAs in order to minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 14, 2005, regardless of whether the FSA in which oil and gas exploration and oil and gas field development and production activities is within the Big Cypress Swamp as defined in Rule 62C-30.001(2), F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C. even if outside the defined Big Cypress Watershed. Nothing contained herein alters the requirement to obtain conditional use permits for oil and gas field development and production activities.

The elimination of the Earth Mining layer (Layer 3) shall not preclude the excavation of lakes or other water bodies if such use is an integral part of a restoration or mitigation program within an FSA.

Once land in an FSA is designated as an SSA, no expansion of Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and no conversion of Agriculture Group 2 to Agriculture Group 1 shall be allowed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA designation is approved other than incidental clearing as set forth in f. below.

Incidental clearing is permitted, provided that the Ag 1 Land Use Layer has been retained on the areas to be incidentally cleared and the Natural Resource Index Value score has been adjusted to reflect the proposed change in land cover. In the event said incidental clearing impacts lands having a Natural Resource Index Value in excess of 1.2, appropriate mitigation shall be provided.

HSA Delineated Lands.

In the case where lands delineated as HSA are designated as an SSA, at a minimum, Residential Land Uses (Layer 1), as listed in the Matrix, shall be eliminated.

General conditional uses , Earth Mining and Processing Uses, and Recreational Uses shall be allowed only on HSA lands with a Natural Resource Stewardship Index value of 1.2 or less.

In addition to the requirements imposed in the LDC for approval of a conditional use , uses listed in b. above will only be approved upon submittal of an EIS which demonstrates that clearing of native vegetation has been minimized, the use will not significantly and adversely impact listed species and their habitats and the use will not significantly and adversely impact aquifers . This demonstration shall be made by establishing the following:

(1)

Clearing of native vegetation shall not exceed 15% of the native vegetation on the parcel .

(2)

Priority shall be given to utilizing contiguous areas of previously cleared land before native vegetated areas.

(3)

Buffering to Conservation Land shall comply with Section 4.08.07 J.6.10.

(4)

Stormwater Management design shall base water control elevations on seasonal high water elevations of adjacent wetlands to protect wetland hydroperiods in accord with the SFWMD Basis of Review.

(5)

The area has a Listed Species Habitat Indices Value of 0.4 or less and no state or federal direct impact take permit is required for the use.

(6)

Activities that are the subject of an approved SFWMD Environmental Resource Permit or Consumptive Use Permit and that utilize best management practices designed to protect groundwater from contamination from allowable land uses are deemed not to significantly and adversely impact aquifers .

As an alternative to the submittal of an EIS, the applicant may demonstrate that such use is an integral part of a State or Federally approved restoration plan or mitigation program.

Conditional use essential services and governmental essential services , other than those necessary to serve permitted uses or for public safety, shall only be allowed in HSAs with a Natural Resource Stewardship Index value of 1.2 or less.

Asphaltic and concrete batch making plants are prohibited in all HSAs.

Golf Course design, construction, and operation in any HSA shall comply with the best management practices of Audubon International's Gold Program and the Florida DEP, which standards shall be adopted by December 13, 2003.

Once land in an HSA is designated as an SSA, no expansion of Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and no conversion of Agriculture Group 2 to Agriculture Group 1 shall be allowed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA designation is approved other than incidental clearing as set forth in j. below.

WRA Delineated Lands.

In the case where lands delineated as WRA are designated as an SSA, at a minimum, Residential Land Uses (Layer 1), as listed in the Matrix, shall be eliminated as permitted land uses.

During permitting to serve new uses within an SRA, additions and modifications to WRAs may be required, including but not limited to changes to control elevations, discharge rates, storm water pre-treatment, grading, excavation or fill. Such additions and modifications shall be allowed subject to review and approval by the SFWMD in accordance with best management practices. Such additions and modifications to WRAs shall be designed to ensure that there is no net loss of habitat function within the WRAs unless there is compensating mitigation or restoration in other areas of the RLSA District that will provide comparable habitat function. Compensating mitigation or restoration for an impact to a WRA contiguous to the Camp Keais Strand or Okaloacoochee Slough shall be provided within or contiguous to that Strand or Slough.

Restoration Zone Delineated Lands. To further direct other uses away from and to provide additional incentive for the protection, enhancement, and restoration of the Okaloacoochee Slough and Camp Keais Strand, when lands within a Restoration Zone are designated as an SSA and at least Land Use Layers 1 through 3 are eliminated as permitted uses, such Restoration Zone shall receive a Stewardship Overlay Designation value of 0.6.

SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits) are created from any lands within the RLSA District from which one or more Land Use Layers are removed and that are designated as SSAs. Once land is designated as an SSA and Credits or other compensation consistent with Policy 3.8 of the RLSA Overlay is granted to the owner, no increase in density or additional uses not expressly identified in the Stewardship Agreement shall be allowed on such property. A methodology has been adopted in the GMP for the calculation of credits based upon: 1) the Natural Resource Index Value of the land being designated as an SSA, and 2) the number of land use layers being eliminated.

Early Entry bonus credits . Early Entry bonus credits are hereby established to encourage the voluntary designation of SSAs within the RLSA District. The bonus shall be in the form of an additional one Stewardship Credit per acre of land designated as an SSA that is within an HSA located outside of the ACSC and one-half Stewardship Credit per acre of land designated as an SSA that is within an HSA located inside the ACSC.

The early entry bonus shall be available until January 30, 2009.

The early designation of SSAs and the resultant generation of Stewardship Credits do not require the establishment of SRAs or otherwise require the early use of Credits.

Credits generated under the early entry bonus may be used after the termination of the bonus period.

The maximum number of Credits that can be generated under the early entry bonus is 27,000.

Early Entry bonus credits shall not be transferred into or otherwise used to entitle an SRA within the ACSC.

The Stewardship Credit Worksheet, adopted as Attachment "A" of the GMP RLSA Goals, Objectives, and Policies, sets out the mathematical formula that shall be used to determine the number of credits available for each acre of land being considered for an SSA.

Natural Resource Indices and Values. A set of Natural Resource Indices has been established as part of the Stewardship Credit Worksheet.

Natural Resource Indices.

Stewardship Overlay Designation

Proximity Indices

Listed Species Habitat Indices

Soils/Surface Water Indices

Restoration Potential Indices

Land Use - Land Cover Indices

Index Values. During the RLSA Study, based upon data and analysis, each acre within the RLSA District was assigned a value for each Index except for the Restoration Potential Index. The Restoration Potential Index is assigned during the SSA designation process if appropriate, and credit adjustments are made at that time.

Slough/Strand Index Score Upgrade. An index score upgrade is hereby established as an incentive for the protection, enhancement and restoration of the Okaloacoochee Slough and Camp Keais Strand. All lands within 500 feet of the delineated FSAs that comprise the Slough or Strand that are not otherwise included in an HSA or WRA shall receive the same natural index score (0.6) that an HSA receives, if such property is designated as an SSA and retains only agricultural, recreational and/or conservation layers of land use.

Index Map. A Natural Resource Index Map adopted as a part of the RLSA Overlay, indicates the Natural Resource Stewardship Index Value for all land within the RLSA District. Credits from any lands designated as SSAs, shall be based upon the Natural Resource Index values in effect at the time of designation. At the time of designation, the Natural Resource Index Assessment required in Section 4.08.06 C.3. shall document any necessary adjustments to the index values reflected on the Index Map. Any change in the characteristics of land due to alteration of the land prior to the designation of an SSA that either increases or decreases any Index Value shall result in a corresponding adjustment in the credit value.

Restoration Potential Index Value. If the applicant asserts that the land being designated as an SSA has a Restoration Potential Index Value of greater than zero (0), an evaluation of the restoration potential of the land being designated shall be prepared by a qualified environmental consultant (per Chapter 10 of the LDC) on behalf of the applicant and submitted as part of the SSA Designation Application Package. In the event that restoration potential is identified, the appropriate Restoration Potential Index Value shall be determined in accord with the Credit Worksheet. The credit value of each acre to which the Restoration Potential Index Value is applied shall be recalculated by adding the Restoration Potential Index Value to that acre's total Index Value.

Restoration Stewardship Credits. Restoration Stewardship Credits are hereby established in addition to the Restoration Potential Index Value. In certain locations there may be the opportunity for flow way or habitat restoration such as locations where flow ways have been constricted or otherwise impeded by past activities or where additional land is needed to enhance wildlife corridors. Restoration Stewardship Credits shall be applied to an SSA subject to the following regulations:

(1)

Priority has been given to restoration within the Camp Keais Strand FSA or contiguous HSAs. Therefore, four (4) additional Stewardship Credits shall be generated for each acre of land dedicated by the applicant for restoration activities within any of the following areas: the Camp Keais Strand FSA, contiguous HSAs, or those portions of the Restoration Zone depicted on the RLSA Overlay Map that are contiguous to the Camp Keais Strand.

(2)

Two (2) additional Stewardship Credits shall be generated for each acre of land dedicated for restoration activities within the Okaloacoochee Slough, contiguous HSAs, or those portions of the Restoration Zone depicted on that are contiguous to the Okaloacoochee Slough.

(3)

The actual implementation of restoration improvements is not required for the owner to receive such credits referenced in (1) and (2) above.

(4)

Lands designated "Restoration" shall be restricted to Agriculture - Group 2 and conservation uses and all natural areas shall be maintained in their existing natural condition until such time as restoration activities occur. Upon completion of restoration, the land shall be managed in accordance with the applicable restoration permit conditions, which may impose further restriction on the allowed use of the property.

(5)

If the applicant agrees to complete the restoration improvements and the eligibility criteria below are satisfied, four (4) additional Stewardship Credits shall be authorized at the time of SSA designation, but shall not become available for transfer until such time as it has been demonstrated that the restoration activities have met applicable success criteria as determined by the permitting or commenting agency authorizing said restoration. One or more of the following eligibility criteria shall be used in evaluating an applicant's request for these additional Restoration Stewardship Credits:

(a)

FSA and/or HSA lands where restoration would increase the width of flow way and/or habitat corridors along the Camp Keais Strand or Okaloacoochee Slough so that, in the opinion of the applicant's environmental consultant and County environmental or natural resources staff, there will be functional enhancement of the flow way or wildlife corridor;

(b)

FSA and/or HSA lands where restoration would increase the width of flow way and/or habitat corridors within two miles of existing public lands so that, in the opinion of the applicant's environmental consultant and County environmental or natural resources staff, there will be a functional enhancement of the flow way or wildlife corridor;

(c)

Documentation of state or federal listed species utilizing the land or a contiguous parcel ;

(d)

Lands that could be restored and managed to provide habitats for specific listed species (e.g., gopher tortoise, Big Cypress fox squirrel, red-cockaded woodpecker, etc.), or;

(e)

Occurrence of a land parcel within foraging distance from a wading bird rookery or other listed bird species colony, where restoration and proper management could increase foraging opportunities (e.g., wood storks).

Land Use Layers to be Eliminated. A set of Land Use Layers has been established as part of the Stewardship Credit Worksheet and adopted as the Land Use Matrix set forth below. Each Layer incorporates a number of the permitted or conditional uses allowed under the Baseline Standards. Each Layer listed below has an established credit value (percentage of a base credit) developed during the RLSA Study. At the time of designation application, a landowner wishing to have his/her land designated as an SSA determines how many of the Land Use Layers are to be removed from the designated lands. A Land Use Layer can only be removed in its entirety (all associated activities/land use are removed), and Layers shall be removed sequentially and cumulatively in the order listed below.

Land Use Layers.

1 - Residential Land Uses

2 - General conditional uses

3 - Earth Mining and Processing Uses

4 - Recreational Uses

5 - Agriculture - Group 1

6 - Agriculture - Support Uses

7 - Agriculture - Group 2

8 - Conservation, Restoration and Natural Resources

Land Use Matrix

Residential Land Uses	General Conditional Uses	Earth Mining and Processing Uses	Recreational Uses	Agriculture Group 1	Agriculture - Support Uses	Agriculture Group 2	Conservation, Restoration and Natural Resources
Single-family dwelling, incl. Mobile home (P)	Family care facilities (P)	Excavation, extraction or earthmining and related processing and production (CU)	Golf courses and/or golf driving ranges (CU)	Crop raising; horticulture; fruit and nut production; groves; nurseries; improved pasture (P)	Farm labor housing (A)	Unimproved pasture and grazing, forestry (P)	Wildlife management, plant and wildlife conservancies, refuges and sanctuaries (P)
Mobile homes [(P) in MH Overlay; (A) as temporary use]	Collection and transfer sites for resource recovery (CU)	Asphaltic and concrete batch making plants (CU)	Sports instructional schools and camps (CU)	Animal breeding (other than livestock), raising, training, stabling or kenneling (P)	Retail sale of fresh, unprocessed agricultural products; grown primarily on the property (A)	Ranching; livestock raising (P)	Water management, groundwater recharge (P)
Private boathouses and docks on lake, canal or waterway lots (A)	Veterinary clinic (CU)		Sporting and recreational camps (CU)	Dairying, beekeeping; poultry and egg production; milk production (P)	Retail plant nurseries (CU)	Hunting cabins (CU)	Restoration, mitigation (P)
Recreational facilities integral to residential development, e.g., golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields (A)	Child care centers and adult day care centers			Aquaculture for native species (P) and non-native species (CU)	Packinghouse or similar agricultural processing of farm products produced on the property (A)	Cultural, educational, or recreational facilities and their related modes of transporting participants, viewers or patrons; tour operations, such as, but not limited to airboats, swamp buggies, horses and similar modes of transportation (CU)	Water supply, wellfields (P); oil and gas exploration (P)
Guesthouses (A)	Zoo, aquarium, aviary, botanical garden, or other similar uses (CU)			The commercial production, raising or breeding or exotic animals (CU)	Sawmills (CU)	Excavation and related processing incidental to Ag(A)	Boardwalks, nature trails (P)
	Churches and other places of worship (CU)			Wholesale reptile breeding and raising - non-venomous (P) and venomous(CU)			Natural resources not otherwise listed (P)
	Communications towers (P)(CU)						Essential services (P and CU)
	Social and fraternal organizations (CU)						Oil and gas field development and production (CU)
	Private landing strips for general aviation (CU)
	Cemeteries (CU)
	Schools (CU)
	Group care facilities, ALF (CU)

Uses as listed in LDC- Rural Agricultural District

(P) principal use ,
(a) accessory use ,
(CU) conditional use

Matrix Calculation. The maximum number of credits generated through designation as an SSA is established in a matrix calculation that multiplies each Natural Resource Index Value by the value of each Land Use Layer, thereby establishing a credit value for each acre in the Overlay, weighted by the quality of its natural resources. As Land Use Layers are removed, the sum of the percentages of those Layers removed is multiplied by the Natural Resource Index Values to determine the Stewardship Credits to be generated by each acre being designated as an SSA.

SSA Designation Application Package. A request to designate lands(s) within the RLSA District as an SSA shall be made pursuant to the regulations of this Section. An SSA Application Package shall include the following:

SSA Designation Application. A landowner or his/her agent, hereafter " applicant ," shall submit a request for the designation of SSA for lands within the RLSA District to the County Manager or his designee, on an approved application form. The application shall be accompanied by the documentation as required by this Section.

Application Fee. An application fee shall accompany the application.

Natural Resource Index Assessment. The applicant shall prepare and submit as part of the SSA Designation Application a report entitled Natural Resource Index Assessment that documents the Natural Resource Index Value scores. The Assessment shall include a summary analysis that quantifies the number of acres by Index Values, the level of conservation being proposed, and the resulting number of Credits being generated. The Assessment shall:

Verify that the Index Value scores assigned during the RLSA Study are still valid through recent aerial photography or satellite imagery, agency-approved mapping, or other documentation, as verified by field inspections.

if this Assessment establishes that the Index Value scores assigned during the RLSA Study are no longer valid, document the Index Value of the land as of the date of the SSA Designation Application.

Establish the suggested "Restoration Potential" Index Value for any acres as appropriate and provide evidence/documentation supporting the suggested Index Value;

Quantify the acreage of agricultural lands, by type, being preserved;

Quantify the acreage of non-agricultural acreage, by type, being preserved;

Quantify the acreage of all lands by type within the proposed SSA that have an Index Value greater than 1.2; and

Quantify all lands, by type, being designated as SSA within the ACSC, if any.

Support Documentation. In addition, the following support documentation shall be provided for each SSA being designated:

Legal description, including sketch or survey;

Acreage calculations, e.g., acres of FSAs, HSAs, and WRAs, etc., being put into the SSA;

RLSA Overlay Map delineating the area of the RLSA District being designated as an SSA;

Aerial photograph(s) having a scale of one (1) inch equal to at least 200 feet when available from the County, otherwise, a scale of at least one (1) inch equal to 400 feet is acceptable, delineating the area being designated as an SSA;

Natural Resource Index Map of area being designated as an SSA;

FDOT Florida Land Use Cover and Forms Classification System (FLUCFCS) map(s) delineating the area being designated as an SSA on an aerial photograph having a scale of one (1) inch equal to at least 200 feet when available from the County, otherwise, a scale of at least one (1) inch equal to 400 feet is acceptable;

Listed species occurrence map(s) from United States Fish and Wildlife Service, Florida Fish Wildlife Conservation Commission, and Florida Natural Areas Inventory, delineating the area being designated as an SSA;

United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) Soils map(s) delineating the area being designated as an SSA;

Documentation to support a change in the related Natural Resource Index Value(s), if appropriate; and

Calculations that quantify the number of acres by Index Values, the level of conservation being offered, and the resulting number of credits being generated.

SSA Credit Agreement. Any landowner petitioning to have all or a portion of land owned within the RLSA District designated as an SSA and who is to obtain SSA credits for the land so designated shall enter into a SSA Credit Agreement with the County. SSA Credit Agreements entered into by and between a landowner and the County shall contain the following:

The number of acres, and a legal description of all lands subject to the SSA Credit Agreement;

A map or plan (drawn at a scale of 1"= 500') of the land subject to the agreement which depicts any lands designated FSAs, HSAs, or WRAs and the acreage of lands so designated;

A narrative description of all land uses, including conditional uses , if any, that shall be removed from the land upon approval of the SSA Credit Agreement;

Calculations that support the total number of SSA credits that result from the Natural Resource Index Assessment;

A copy of the Stewardship easement , (or deed if a fee simple transfer is proposed) applicable to the land, which shall be granted in perpetuity and shall be recorded by the County upon approval of the SSA Credit Agreement;

Land management measures;

Provisions requiring that, upon designation of land as an SSA, the owner shall not seek or request, and the County shall not grant or approve, any increase in density or any additional uses beyond those specified in the SSA Credit Agreement on the land;

Provisions requiring that, upon designation of land within either an FSA or an HSA as an SSA, the owner shall not thereafter seek or request, and the County shall not thereafter grant or approve any expansion or conversion of agricultural land uses in violation of sections 4.08.06 A.2 and A.3.;

Provisions regarding and ensuring the enforceability of the SSA Credit Agreement; and

If applicable, the number of credits to be granted for restoration (Restoration Credits), together with the following information:

(1)

A legal description of lands to be designated for restoration;

(2)

A map depicting the land being designated as SSA, with the lands to be dedicated for restoration, but which the applicant makes no commitment to undertake restoration, identified as Restoration I ("R I"); and the lands dedicated for restoration and for which the applicant has committed to carry out the restoration identified as Restoration II ("R II");

(3)

The number of Restoration Credits to be granted for the lands designated R I and R II;

(4)

A Restoration Analysis and Report, which shall include a written evaluation of the restoration area's existing ecological/habitat value and the necessary restoration efforts required to reestablish original conditions; enhance the functionality of wetlands or wildlife habitat; or remove exotics so as to enhance the continued viability of native vegetation and wetlands ; and

(5)

When the restoration is to be undertaken by the applicant , a Restoration Plan that addresses, at a minimum, the following elements:

(a)

Restoration goals or species potentially affected;

(b)

Description of the work to be performed;

(c)

Identification of the entity responsible for performing the work;

(d)

Work Schedule;

(e)

Success Criteria; and

(f)

Annual management, maintenance and monitoring.

Public Hearing for Credit Agreement. The SSA Credit Agreement shall be approved by a resolution of the BCC at an advertised public meeting by majority vote.

Recording of SSA Memorandum. Following approval by the County, an SSA Memorandum shall be prepared and recorded in the public records, together with the following portions or exhibits of the SSA Credit Agreement as attachments:

The legal description of the lands subject to the SSA Credit Agreement and the number of SSA Credits assigned to the land designated as SSA, including lands designated for restoration, if any, and the Restoration Credits assigned to such land;

The Stewardship easement Agreement on the SSA lands, describing the land uses remaining on the land;

A summary of the Restoration Plan, if restoration is to be undertaken by the applicant, to include the elements set forth in Section 4.08.06 C.5.

Stewardship easement Agreement or Deed. The applicant shall prepare and submit a Stewardship easement Agreement in all cases except when the property is being deeded in fee simple to a "conservation/preservation agency."

The Agreement shall impose a restrictive covenant or grant a perpetual restrictive easement that shall be recorded for each SSA, shall run with the land and shall be in favor of Collier County and one or more of the following: Florida DEP, Florida Department of Agriculture and Consumer Services, SFWMD, or a recognized land trust.

The Stewardship easement Agreement shall identify the specific land management measures that will be undertaken and the party responsible for such measures.

In the event that the land being designated as an SSA is being transferred to a conservation entity by fee simple title, a deed shall be submitted in lieu of the Stewardship easement Agreement.

SSA Application Review Process.

Pre-application Conference with County Staff. Prior to the submission of a formal application for SSA designation, the applicant shall attend a pre-application conference with the County Manager or his designee and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. If an SRA designation application is to be filed concurrent with an SSA application, only one pre-application conference shall be required. This pre-application conference should address, but not be limited to, such matters as:

Conformity of the proposed SSA with the goals, objectives, and policies of the GMP;

Review of the Stewardship Credit Worksheet and Natural Resource Index Assessment for the property;

Identification of the recognized entity to be named in the covenant or perpetual restrictive easement , and;

Identification of the proposed land management measures that will be undertaken and the party responsible for such measures.

Application Package Submittal and Processing Fees. The required number of copies of each SSA Application and the associated processing fee shall be submitted to the County Manager or his designee. The contents of said application package shall be in accordance with Section 4.08.06 C.

Application Deemed Sufficient for Review. Within fifteen (15) working days of receipt of the SSA Application, the County Manager or his designee shall advise the applicant in writing that the application is complete and sufficient for agency review or advise what additional information is needed to find the application sufficient. If required, the applicant shall submit additional information. Within ten (10) working days of receipt of the additional information, the County Manager or his designee shall advise the applicant in writing that the application is complete, or, if additional or revised information is required, the County manager shall again inform the applicant what information is needed, and the timeframe outlined herein shall occur until the application is found sufficient for review.

Review by County Reviewing Agencies: Once the SSA application is deemed sufficient, the County Manager or his designee will distribute it to specific County staff for their review.

Designation Review. Within sixty (60) days of receipt of a sufficient application, county staff shall review the submittal documents and provide written comments, questions, and clarification items to the applicant . If deemed necessary by county staff or the applicant , a meeting shall be held to resolve outstanding issues and confirm public hearing dates.

Designation Report. Within ninety (90) days from the receipt of a sufficient application, county staff shall prepare a written report containing their review findings and a recommendation of approval, approval with conditions or denial. This timeframe may be extended upon written agreement by the applicant .

SSA Application Approval Process.

Public Hearing. The BCC shall hold an advertised public hearing on the proposed resolution approving an SSA Application and SSA Credit Agreement. Notice of the Board's intention to consider the Application and proposed SSA Credit Agreement shall be given at least fifteen (15) days prior to said hearing by publication in a newspaper of general circulation in the County. A copy of such notice shall be kept available for public inspection during regular business hours of the Office of Clerk to the BCC. The notice of proposed hearing shall state the date, time and place of the meeting, the title of the proposed resolution, and the place or places within the County where the proposed resolution and agreement may be inspected by the public. The notice shall provide a general description and a map or sketch of the affected land and shall advise that interested parties may appear at the meeting and be heard with respect to the proposed resolution. The BCC shall review the staff report and recommendations and, if it finds that all requirements for designation have been met, shall, by resolution, approve the application. If it finds that one or more of the requirements for designation have not been met, it shall either deny the application or approve it with conditions mandating compliance with all unmet requirements. Approval of such resolution shall require a majority vote by the BCC.

Legal Description. Following the BCC's approval of the SSA Application and SSA Credit Agreement, a legal description of the land designated SSA, the SSA credits granted, and the Stewardship easement applicable to such lands, shall be provided to the Collier County Property Appraiser and the applicant , and shall be recorded within thirty (30) days by the applicant in the public records.

Update the RLSA Overlay Map and Official Zoning Atlas. The Official Zoning Atlas shall be updated to reflect the designation of the SSA. Sufficient information shall be included on the updated zoning maps so as to direct interested parties to the appropriate public records associated with the designation, including but not limited to Resolution number and SSA Designation Application number. The RLSA Overlay Map shall be updated to reflect the SSA designation during a regular growth management cycle no later that twelve months from the effective date of the SSA Agreement.

SSA Amendments. Collier County shall consider an amendment to an approved SSA in the same manner described in this Section for the designation of an SSA. Amendment(s) to approved SSAs shall only be considered if the application removes one or more additional Land Use Layers from the existing SSA. Under no circumstances shall Land Use Layers, once removed as part of an SSA designation, be added back to the SSA. The application to amend the SSA may be submitted as part of an application to designate a new SSA provided such lands are contiguous to the previously approved SSA and are under the same ownership.

(Ord. No. 05-27, § 3.Z)

                    
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