62-818.015. Consideration of Recipient's Request for Linear Facilities

The Declaration of Restrictive Covenants for Trust Project Sites limits the use of the property to conservation, outdoor recreation, and other related activities. However, the Trust periodically receives requests for Management Plan modifications to allow linear facilities and related appurtenances on the Trust Project Site. When evaluating these requests, the following process must be followed.

(1) First, there has to be a determination:

(a) That there is no reasonable alternative to the proposed modification land use on the Trust Project Site; and

(b) That the land use is designed to have a minimal impact to the site; and

(c) A copy of an alternative analysis assessment of other off-site alternatives or options considered by the Recipient.

(2) If the Trust determines that no practical off-site alternatives exist, then the following information is required:

(a) A written statement that the Local Government has reviewed and approved the proposed use;

(b) A description and dimensions of the linear facility, and of the area that will be affected during construction;

(c) Information on the natural communities and cultural features found on, and immediately surrounding the site of the proposed facility;

(d) A statement explaining how the proposed facility will be compatible with planned recreational uses of the Trust Project Site, as committed to in the approved Management Plan;

(e) Discussion of the proposed mitigation for impacts to the Trust Project Site; and,

(f) A modified master site plan drawing identifying the locations of existing vegetation and all proposed structures, facilities and restoration areas that will be affected by the facility.

After receiving all of the above information, staff will evaluate and review the request for consistency according to the above listed requirements. If the proposal meets the above requirements and has minimum impact to the Project Site, staff may approve the request. If public objections are received, if it is a large project, or if the project could be viewed as controversial the proposal will be presented to the Trust Governing Board for consideration.

(3) If the request is approved, the Recipient must:

(a) Provide an appraisal of the land use area or other valuation method as approved by Trust staff;

(b) Provide a legal description from a licensed surveyor;

(c) Sign an amendment to the Declaration of Restrictive Covenants that provides for the changed use of the Project Site; and

(d) Record the amended Declaration of Restrictive Covenants in the Public Records of the County where the property is located.

The Recipient will be required to pay for the land use area. The payment shall be allocated to the Recipient and the Trust based on the percentage of the original grant (i.e., 50% Recipient participation and 50% Trust participation.)

Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New 2-8-10, Formerly 9K-7.015.