§ 2-25-54. Definitions.

As used in this article, the words provided below shall have the meaning set forth below unless the context clearly indicates that a different meaning is required:

Best management practices: Method or combination of methods determined after problem assessment, examination of alternative practices, and appropriate public participation, to be the most effective and practicable means of reducing or preventing nonpoint source pollution to levels compatible with water quality goals. These measures could include both structural (e.g., sediment/debris basins, wetland impoundment of agricultural runoff, etc.) and nonstructural (e.g., street vacuuming, deferred grazing systems, etc.) approaches to abatement of nonpoint source pollution, and would vary on a regional and local basis depending on the nature of the problems, climate, physical characteristics, land use, soil types and conditions and other factors.

Board: The Board of County Commissioners of Manatee County, Florida.

Conservation easement: One or more restrictions on land use granted by the owners of fee title which legally bind present and future owners to the restrictions set forth therein when such interest is conveyed to a conservation organization, trust, or governmental agency as more fully set forth in Section 704.06, Florida Statutes, as amended, or additional policies established by the county.

County: Manatee County, Florida.

County staff: Any county employee whose expertise is deemed necessary to implement this article and assigned to fulfill any duties prescribed by this article.

Due diligence: Investigation and review of property prior to acquisition of any interest therein, including, without limitation, independently conducted appraisals, title searches, and commitments, surveys, environmental assessments, and any other items deemed necessary by county staff.

Environmental lands: Those lands in Manatee County that have natural features meeting criteria established by this article, including rarity of species or habitat, connectiveness, ecological quality and importance to water resources thereby warranting their protection in the natural state for the public interest.

Environmental lands management and acquisition committee or ELMAC: An advisory committee originally established pursuant to Resolution No. R-92-149, and reestablished pursuant to the terms of this article.

Fee title: Acquisition of all controlling property interest in a parcel of land through a formal conveyance of title.

Management: Best management practices for the maintenance, creation or restoration of native ecosystems, including natural communities and wildlife habitats, wetlands and water resources to support native ecosystems and sustainable and environmentally sound agricultural practices along with provisions for public access including planning, design, construction and maintenance of public facilities to support natural resources based, passive recreation on lands where an adequate county property interest has been established.

Passive recreational use: Any public recreational past time which customarily has no adverse impacts on a site and is generally conducted in such a way as to be compatible with natural and/or cultural resource protection. Uses may include low impact camping, horseback riding, education/nature studies, sightseeing, scenic appreciation, fishing, hiking, swimming, wildlife management, or a similar activity, as well as those support facilities associated with said uses.

Priority list: The list of environmental lands developed by the ELMAC advisory committee with the assistance of county staff as confirmed or revised by the board of county commissioners at a public meeting. This list will be comprised of the sites that meet the criteria established in this article and will comprise the sites that will be acquired by fee title or other property interest, or that will otherwise be the subject of protection and management activities pursuant to this article. The priority list shall be by groupings and need not include numerical rankings.

Property interest: A right, claim, or legal share in lands such as a lease, easement, fee title, water rights, mineral rights, and any other reservation, interest, or restriction.

Relative: 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 nomination: Sites proposed for acquisition and management consideration under this article whether nominated by the ELMAC committee, county consultant, general public, public organizations, or private conservation organizations.

Tax incentives: A form of tax relief provided to a landowner of environmental lands which allows the reassessment of the development value of a property if an easement has been granted for the environmentally sensitive portions of the property.

Transfer of development rights: A process that provides for the transfer of some or all of the development rights for a piece of property to another area which can better accommodate urban development in exchange for the protection of environmental lands within the original parcel of land.

Use reservation: The acquisition of title to land with provisions that allow the present, 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 preacquisition activities for the evaluation and protection of lands identified on the list, including the protection methods and strategies to achieve the protection plans. Appraisals, funding, and land management costs will also be included in the work plan if necessary.

(Ord. No. 03-62, § 4, 10-7-03; Ord. No. 06-26, § 2, 3-14-06)