§ 4.01.13. Offsite Preservation

The offsite preservation requirement may be fulfilled either directly by preserving land offsite or indirectly by contributing to an offsite preservation land bank, as provided below.

A.

In-kind Preservation

1.

Offsite significant wildlife habitat preservation sites, pursuant to the requirements of 4.01.09, shall be the same type of habitat (i.e, xeric or mesic) or land which can be restored to the same type of habitat as the natural plant community being adversely impacted onsite by development.

2.

Offsite preservation sites for listed species shall be biologically manageable and appropriate habitat for the wildlife or plant species requiring protection or land which can be restored to such habitat. An offsite preservation site shall be acre-for-acre compensation for the essential wildlife habitat being adversely impacted onsite by development.

B.

Site Selection

1.

The location of offsite preservation sites shall be within Hillsborough County.

2.

Offsite preservation sites shall meet all appropriate acquisition, preservation, restoration, habitat suitability, manageability, size, and other provisions of this Section (4.01.13). Such lands may be (1) selected from a list of approved land bank sites, (2) sites composed of additions of land to existing publicly managed areas held for conservation purposes, such as State or County parks or preserves, or (3) other suitable sites recommended for preservation or restoration by a State or local governmental land conservation agency. Alternatively, the developer may propose another site within an ecosystem or river basin in proximity to the habitat being adversely impacted onsite by development. The alternative site shall be subject to review and approval pursuant to the criteria in this Section (4.01.13).

3.

In determining whether the selection of a particular offsite preservation site is appropriate, the Administrator shall consider the overall habitat suitability or restoration suitability, if applicable; the life history requirements of any species being protected; the protectability of the site; the manageability of the site; the size of the site; and recommendations concerning the site from the Florida Game and Freshwater Fish Commission and other appropriate agencies.

4.

When the offsite preservation requirements apply to a listed species' essential habitat, priority shall be given to selecting a site which can be restored to support the listed species.

C.

Preservation Methods

1.

Offsite preservation sites shall be for the purpose of restoring (if applicable), preserving, and maintaining natural areas in perpetuity.

2.

The developer shall meet the offsite preservation acreage requirement through one of the following methods:

a.

Land Acquisition. The developer may acquire and transfer fee simple title of an appropriate offsite preservation site to a land conservation governmental agency or private, non-profit land conservation organization; or

b.

Contribution to an Offsite Preservation Land Bank. The developer may contribute to an offsite preservation land bank based upon the land bank's actual cost of acquiring in-kind preservation lands, plus cost of restoration, if any, plus estimated total cost of management during the life of the land bank, divided by applicable acreage, multiplied by the carrying costs; or

c.

Conservation Easement. The developer may acquire through fee simple purchase an appropriate offsite preservation site and establish a conservation easement in favor of the Hillsborough County or other land conservation governmental agency or private, non-profit land conservation organization in accordance with the requirements of Section 704.06, F.S. When a developer chooses this option, a management plan shall be developed in cooperation with the landowner which stipulates the limitations on the use of the land and identifies the habitat management activities and assignments of responsibility.

D.

Timing

The Natural Resources Permit shall specify the acreage and location of the offsite preservation site, the cost and timing of any monetary contributions or offsite acquisitions, the ownership and party responsible for management of the offsite preservation site, the location of any onsite development, including land alteration and construction activities; and shall contain a requirement that any significant or essential wildlife habitat on the project site, for which offsite preservation is being provided, shall not be disturbed or adversely impacted prior to meeting the offsite preservation requirements.