ORDINANCE NO

ORDINANCE NO. 2013-028 AN ORDINANCE OF THE COUNTY OF SARASOTA, FLORIDA, RELATING TO THE PROTECTION OF ENVIRONMENTALLY SENSITIVE LANDS; AMENDING ORDINANCE NO..99-004, AS AMENDED, AS CODIFIED IN CHAPTER 54, ARTICLE IV OF THE SARASOTA COUNTY CODE (THE CODE ); AMENDING SECTION 54-85 OF THE CODE RELATING TO DEFINITIONS; AMENDING SECTION 54-88 OF THE CODE RELATING TO ENVIRONMENTALL SENSITIVE LANDS PROCEDURE FOR PROTECTION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISIONERS OF SARASOTA COUNTY, FLORIDA: SECTION 1. This ordinance hereby amends Ordinance No. 99-004, as amended, as codified in Chapter 54, Article IV of the Sarasota County Code (the Code ). In this Ordinance, new text is indicated by underlining and deleted text is indicated by strikethrough. SECTION 2. Section 54-85 of the Code is hereby amended to read as follows: Sec. 54-85 Definitions. Acquisition: The purchase of a Property Interest for the protection of Environmentally Sensitive Land. Acquisition mechanisms include, but are not limited to, Conservation Easements, rewards, compensation, transfer of development rights, exchanges, Use Reservations and acceptance of gifts of land. Acquisition costs shall include start-up costs, as defined by Board resolution. Board: The Board of County Commissioners of Sarasota County, Florida. Conservation Easement: Restriction(s) of land use granted by the owner of feetitle which legally bind present and future owners that are conveyed for lessthan-fee interest, normally with the same restriction(s), to a conservation organization, trust or governmental agency, as more fully set forth in Section 704.06, Florida Statutes, as amended. Cooperative Management Agreement: A mutually agreeable non-binding management plan approved by the Natural Resources Department between government agencies, local governments, groups, or private landowners outlining specific strategies for managing Environmentally Sensitive Lands. County: Sarasota County, Florida. {08-46978-00180312.DOC;1 }1

County Staff: Any County employee whose expertise is deemed necessary to implement this Ordinance. Due Diligence: Investigation and review of property prior to Protection, including, without limitation, independently conducted appraisals, title searches and commitments, surveys, environmental assessments, and any other items deemed necessary by County Staff. Environmentally Sensitive Lands: Those lands in Sarasota County that have natural features meeting criteria established in Resolution No. 92-272, by the Sarasota Board, after a public hearing, that include rarity of species or habitat, connectedness, ecological quality, manageability, and importance to water resources, thereby warranting their Protection in a natural state for the public interest. Also includes lands referenced herein as environmentally sensitive or endangered lands. Environmentally Sensitive Lands Advisory Oversight Committee (Advisory Oversight Committee): A committee appointed by the Board, pursuant to Resolution No. 92-106, consisting of seven members charged with developing certain ecological criteria to identify Environmentally Sensitive Lands; making recommendations to the Board to identify and rank Environmentally Sensitive Lands; recommending techniques for protecting, preserving, and enhancing environmentally sensitive or endangered lands; and identifying methods of financing land acquisitions. Fee Title: Acquisition of all controlling Property Interests in a parcel of land through the formal conveyance of title. Property Interest: A right, claim, or legal share in land such as lease, easement, Fee Title, water rights, mineral rights, and Use Reservation. Protection: The acquisition of some, or all, rights to real property for the express purpose of the preservation and conservation of Environmentally Sensitive Lands. Mechanisms include, but are not limited to: Conservation Easements, Tax Incentives, rewards, compensation, Transfer of Development Rights, exchanges, Use Reservations, acceptance of gifts of land, donations and acquisition of Property Interests. Protection Priority List: To be developed by the Oversight Committee and Natural Resources Department staff. This list will be comprised of the sites that meet the ecological criteria and are owned by those property owners who have provided written approval as described in the Protection Protocol Section herein. These sites will be the Protection priority projects for the County pursuant to this Ordinance. {08-46978-00180312.DOC;1 }2

Related Person: An individual who is related to a person as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister. Site Pool: Sites nominated by the County consultant, general public, public organizations and private conservation organizations. Tax Incentives: A form of tax relief provided to a landowner of Environmentally Sensitive Lands which allows the reassessment of the development value of a property if an easement in perpetuity has been granted for the environmentally sensitive portion(s) of the property. Transfer of Development Rights: A process that provides for the transfer of some, or all, of the development rights of a piece of property to another area which can better accommodate urban development in exchange for the Protection of environmentally sensitive areas within the original parcel of land. Use Reservation: The acquisition of title to land with provisions that allow the present and existing extent of land uses, such as residency, agriculture, grazing or hunting to continue. Use Reservations are typically associated with Conservation Easements. Work Plan: A plan which sets forth the schedule of pre-protection Due Diligence for the evaluation and Protection of lands identified on the Protection Priority List, including the Protection methods and strategies to achieve the Protection. Plans for environmental inventories and audits, appraisals, funding, and land management costs and project start-up costs, as defined by Board resolution, for improvements to the site necessary to achieve its intended functionality, will also be included in the Work Plan, if necessary. SECTION 3. Section 54-88 of the Code is hereby amended to read as follows: Sec. 54-88. Environmentally Sensitive Lands Procedure for Protection. (a) Procedure: The County s procedure for listing and protecting sites on the Protection Priority List will be as follows: (1) Site Pool: The Natural Resources Department staff will assemble all available resources and identify sites nominated by the County consultant, general public, public organizations and private conservation organizations. There will be no ranking of the sites in the Site Pool; the sites will be listed randomly and not in order of importance. Sites may be added to the Site Pool at any time. {08-46978-00180312.DOC;1 }3

(2) Eligibility: Natural Resources Department staff will apply the ecological selection criteria to determine eligibility. The Oversight Committee will review eligibility Pool for approval. (3) Participation: County staff will contact the landowners of the Pool sites to introduce the Protection program, determine their willingness to participate in the program and acquire approval if the landowner is a willing participant. (4) Designation: Natural Resources Department staff will revise the Pool sites to include only those lands for which willing participants exist, thereby comprising the Protection Priority List, which the Advisory Committee will review for approval. Owner participation may be withdrawn or initiated at any time until a legal agreement for Protection has been fully executed. (5) Work Plan: In conjunction with the landowner, The Oversight Committee and County Staff will develop in conjunction with the landowner a Work Plan for each site on the Protection Priority List. The Work Plan will include protection methods, strategy to achieve Protection, funding sources and methods, land management strategies and costs, including start-up costs, as defined by Board resolution, for improvements to the site necessary to achieve its intended functionality, and public access. The Work Plan may include environmental inventories, audits, appraisals, and surveys.. (6) Approval: The Work Plans prepared by County Staff will be submitted to recommended by the Oversight Committee for review and recommendation to the Board. The Board may either accept, reject or modify the Work Plans. (7) Implementation: Upon Board approval, County Staff will implement the Work Plans. (8)(7) Contractual Negotiation: Contractual Negotiation for lands identified on the Protection Priority List will not begin until: a. A Work Plan has been completed and approved by the Board, and b. Required funds are identified. (8) Implementation: Upon Board approval, County Staff will implement the Work Plans. {08-46978-00180312.DOC;1 }4

(b). Annual Evaluation: The Advisory Oversight Committee and Natural Resources Department staff will review and update the Protection Priority List annually. Owner willingness and conformance with the criteria will be the basis for changes to the lists. Any changes to the lists must be approved by the Advisory Oversight Committee, except for deletions at the landowner s request, which will be deleted immediately by Natural Resources Department staff. SECTION 4. SEVERABILITY If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or applications. To this end, the provisions of this article are declared severable. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Sarasota County, Florida, this day of, 2013. BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA ATTEST: KAREN E. RUSHING, Clerk of Circuit Court and Ex-Officio Clerk of the Board of County Commissioners of Sarasota County, Florida By: Deputy Clerk By: Chair {08-46978-00180312.DOC;1 }5

RESOLUTION NO. 2013- BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA RE: Environmentally Sensitive Lands Protection/Neighborhood Parkland Programs Project Start-up Costs WHEREAS, in November 2005, the voters of Sarasota County approved a referendum authorizing the continuance of the levy of the not-to-exceed 0.25 mill ad valorem tax through December 31, 2029 for the Environmentally Sensitive Lands Protection Program (the ESLPP ) and to expand the ESLPP to include the acquisition and management of the Neighborhood Parkland Program (the NPP ); and WHEREAS, the Board of County Commissioners (the Board ) adopted Ordinance No.99-004, as amended, as codified in Chapter 54, Article IV of the Sarasota County Code (the Code ), to implement the ESLPP and adopted Ordinance No. 2005-062, codified as Chapter 90, Article III of the Code to implement the NPP; and WHEREAS, the ESLPP and NPP Code provisions provide a process for the acquisition of lands which meet the stated criteria of each Program; and WHEREAS, a land acquisition pursuant to either Program requires specific preliminary work, i.e., planning, permitting, regulatory compliance, ancillary construction, to render the land suitable for its intended purpose which preliminary work is an integral part of the land acquisition. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Sarasota County, Florida, in public meeting assembled, that: 1. Costs related to property enhancements determined essential by the County Administrator or designee to achieve the intended functionality of a land acquisition pursuant to either the ESLPP or the NPP ( Essential Property Enhancements ) shall be considered Start-up Costs and funded as part of the capital acquisition/project costs. 2. Start-up costs are distinguishable from facility development and management costs which are not part of capital acquisition/project costs 3. Start-up costs for properties purchased through the ESLPP shall not exceed 15% of the land acquisition cost without prior Board approval. Start-up costs for properties purchased through the NPP shall not exceed 25% of the land acquisition cost without prior Board approval. {08-46978-00179421.DOCX;1 }1

4. Start-up Costs for Essential Property Enhancements on properties acquired prior to the effective date of this Resolution may be funded as either a part of the capital acquisition/project costs if the original project has not been closed or as a new capital improvement project pursuant to established procedure. 5. Start-up costs include costs relating to the following preparation activities as determined essential for the intended functionality of a particular site by the County Administrator or designee: a. Planning, Design and Permitting costs related to such activities as feasibility study, developing and designing plans and obtaining permits for the park/preserve, including but not limited to, community meetings and surveys, conceptual plans, engineering or other related services. b. Site Clearing, Cleaning and Preparation costs related to such activities as site clearing and cleaning, soil or water testing, demolition of existing structures, trash removal (other than maintenance), exotic removal (animal or plant), site work, prescribed burn operations and preparation of the site for the planned and/or permitted passive amenities as appropriate for the Program. c. Site Safety and Security costs related to securing the site, including but not limited to, fencing, signage, gates or other safety and securityrelated improvements. d. Site Signage costs related to providing site signage, including but not limited to, entrance signs, wayfaring, directional and informational signs, both off and on the site, kiosks, and educational signage. e. Site Access costs related to providing vehicular and/or pedestrian access to the site, such as trails, parking and driveways. f. Regulatory requirements costs related to governmental requirements for access (i.e., turn lanes, sidewalks, and utilities), stormwater, survey and monitoring of species, archeological surveys and ADA improvements. g. Passive Recreation Amenities Costs related to construction, purchase and installation of new amenities or repair or replacement of existing amenities consistent with access and appropriate passive recreational use of the site such as trails, boardwalks, picnic tables and shelters, canoe/kayak landings/launches, equestrian amenities, seating and benches, site-compatible fishing platforms or docks, play structures and observation decks or platforms, restrooms (if utilities are readily available) or compost restrooms, if appropriate for the site. {08-46978-00179421.DOCX;1 }2

5. This resolution shall become effective immediately upon adoption. BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA ATTEST: KAREN E. RUSHING, Clerk of Circuit Court and Ex-Officio Clerk of the Board of County Commissioners of Sarasota County, Florida By: Chair By: Deputy Clerk {08-46978-00179421.DOCX;1 }3

ORDINANCE NO. 2013-029 AN ORDINANCE OF THE COUNTY OF SARASOTA, FLORIDA, RELATING TO THE ACQUISITION OF NEIGHBORHOOD PARKLAND; AMENDING ORDINANCE NO. 2005-062, AS CODIFIED IN CHAPTER 90, ARTICLE III OF THE SARASOTA COUNTY CODE (THE CODE ); AMENDING SECTION 90-63 OF THE CODE RELATING TO DEFINITIONS; AMENDING SECTION 90-67 OF THE CODE RELATING TO NEIGHBORHOOD PARKLAND PROCEDURE FOR ACQUISITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA: SECTION 1. This ordinance hereby amends Ordinance No. 2005-062, as codified in Chapter 90, Article III of the Sarasota County Code (the Code ). In this Ordinance, new text is indicated by underlining and deleted text is indicated by strike-through. SECTION 2. Section 90-63 of the Code is hereby amended to read as follows: Sec. 90-63. Definitions. (a) (b) (c) (d) Acquisition. The purchase of a Property Interest for public use as Neighborhood Parkland. Acquisition mechanisms include, but are not limited to, Conservation Easements, rewards, compensation, transfer of development rights, exchanges, Use Reservations and acceptance of gifts of land. Acquisition costs shall include start-up costs, as defined by Board resolution. Advisory Committee. A committee appointed by the Board and charged, in part, with making recommendations to the Board regarding Acquisition of Neighborhood Parkland; techniques for acquiring and enhancing Neighborhood Parkland; appropriate public use; and identifying methods of financing land acquisitions. Board. The Board of County Commissioners of Sarasota County, Florida. Conservation Easement. Restriction(s) of land use granted by the owner of fee-title which legally bind present and future owners that are conveyed for less-than-fee interest, normally with the same restriction(s), to a conservation organization, trust or governmental agency, as more fully set forth in Section 704.06, Florida Statutes, as amended. {08-46978-00179363.DOCX;1 }1

(e) (f) (g) (h) (i) (j) (k) (l) (m) County. Sarasota County, Florida. County staff. Any County employee whose expertise is deemed necessary to implement this article. Due Diligence. Investigation and review of property prior to Acquisition, including, without limitation, independently conducted appraisals, title searches and commitments, surveys, environmental assessments, and any other items deemed necessary by County staff. Fee Title. Acquisition of all controlling Property Interests in a parcel of land through the formal conveyance of title. Neighborhood Parkland. Those lands in Sarasota County that have features meeting criteria established herein, by the Board, after a public hearing that include broad community access, proximity or connectedness, natural and cultural features, compatible community needs, and water access, thereby warranting their Acquisition for the public interest. Neighborhood Parkland Acquisition List. List developed by both the Advisory Committee and Parks and Recreation staff comprised of the sites that meet the criteria set forth in Section 90-66 herein and the procedures as set forth in Section 90-67 herein. Nominated Sites. Sites nominated by County staff, the Advisory Committee, general public, public agencies or private nonprofit organizations. Property Interest. A right, claim, or legal share in land such as lease, easement, Fee Title, water rights, mineral rights, and Use Reservation. Related Person. An individual who is related to a person as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister. {08-46978-00179363.DOCX;1 }2

(n) (o) (p) Use Reservation. The Acquisition of title to land conditioned upon the continuation of the present and existing land uses, such as residency, agriculture, or grazing. Willing Seller. Property owner(s) who desires to convey a Property Interest to the County. Work Plan. A plan which sets forth the schedule of pre-acquisition Due Diligence for the evaluation and Acquisition of lands identified on the Neighborhood Parkland Acquisition List, including, but not limited to, development of neighborhood recreational space, environmental inventories and audits, appraisals, funding, potential public use opportunities, and land management costs and start-up costs, as defined by Board resolution, for improvements to the site necessary to achieve its intended functionality. SECTION 3. Section 90-67 of the Code is hereby amended to read as follows: Sec. 90-67. Neighborhood Parkland procedure for acquisition. The County's procedure for listing and acquiring sites on the Neighborhood Parkland Acquisition List will be as follows: (a) Nominated Sites. Sites may be nominated by County staff, the general public, public agencies and private nonprofit organizations. (b) (c) (d) Eligibility. Parks and Recreation staff will apply the Neighborhood Parkland criteria to evaluate eligibility and develop the Neighborhood Parkland Acquisition List. The Advisory Committee will review eligibility. Participation. This is a Willing Seller program. Owner participation may be withdrawn or initiated at any time until a legal agreement for Acquisition has been fully executed. Work Plan. In conjunction with the property owner, the Advisory Committee and County staff will develop a Work Plan for each site on the Neighborhood Parkland Acquisition List. The Work Plan will include proposed acquisition methods and strategy, funding sources and methods, land management strategies, potential public use and recreational opportunities, public access and costs, including start-up costs, as defined by Board resolution, for improvements to the site necessary to achieve its intended functionality. The Work Plan may include environmental inventories, audits, appraisals, and surveys. The Work Plan prepared by County Staff will be submitted to tthe Advisory {08-46978-00179363.DOCX;1 }3

Committee forwill review the Work Plan forand recommendation to the Board. The Board may accept, reject or modify the Work Plan. (e) (f) Implementation. Upon Board approval, County staff will implement the Work Plan. Contractual Negotiation. Contractual Negotiation for lands identified on the Neighborhood Parkland Acquisition List will not begin until: (1) A Work Plan has been completed and approved by the Board. (2) Required funds are identified. (g) (h) Park Concept Plan. Following the Acquisition of some or all of the real Property Interests, staff shall develop a management plan that protects site resources while providing for public use. The plan will be submitted to the Advisory Committee for recommendation to the Board. Facility development proposed in the park concept plan will be provided through a separate funding source. Funding Sources. Start-up costs, as defined by Board resolution, related to the Neighborhood Parkland Acquisition may be funded from available Acquisition funding. Maintenance and facility development (other than start-up costs) proposed in the Park Concept Plan shall be funded through a separate funding source. SECTION 4. SEVERABILITY If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or applications. To this end, the provisions of this article are declared severable. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. {08-46978-00179363.DOCX;1 }4

PASSED AND DULY ADOPTED by the Board of County Commissioners of Sarasota County, Florida, this day of, 2013. BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA ATTEST: KAREN E. RUSHING, Clerk of Circuit Court and Ex-Officio Clerk of the Board of County Commissioners of Sarasota County, Florida By: Deputy Clerk. By: Chair {08-46978-00179363.DOCX;1 }5