(a)

Intent. The intent of this section is to provide a mechanism, consistent with protection of the health, safety and welfare of the public, by which the following may be accomplished:

(1)

Residential development rights associated with property containing environmentally sensitive resources, historic or archeological resources, or which contains a bona fide agricultural use, or property otherwise deemed less suitable for development, may be properly transferred to property better suited for higher density residential development upon satisfaction of the requirements of this section.

(2)

Future growth will be directed in a logical, economical, and efficient manner away from those areas of the county less suited for such growth, and toward those areas of the county best suited to provide the public services and facilities necessary for such growth.

(3)

The county can provide a record of transfers of density units and impose appropriate restrictions on the properties involved in such transfers.

The adoption of this section shall not affect the existing future land use map (FLUM) or zoning designation of any property. It shall provide a mechanism for increasing density on a property. This section does not allow an applicant to increase density beyond that allowed by the County Code and/or the comprehensive plan.

(b)

Definitions: Unless specifically defined below, all words, terms or phrases used in this article shall be ascribed the meaning which they have in common usage and which give this article the most reasonable application. The following words, terms and phrases, when used in this article, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agreement to purchase density credits: An agreement between a purchaser and seller that binds the purchaser to buy and the seller to sell a specified number of density units from the seller contingent on the adoption by the board of county commissioners of the purchaser's plan amendment, rezoning, plat vacation or street vacation.

Agriculture: The business of cultivating the soil, producing crops and raising livestock, production of horticultural, aquacultural, and silvicultural products.

Available utility: Available utility is defined by the comprehensive plan.

Barrier island: Barrier island is defined by the comprehensive plan.

Base Density: Base density is defined by the comprehensive plan. For calculation purposes, immediately adjacent parcels may be aggregated.

Board: The Board of County Commissioners of Charlotte County, the elected governing body of unincorporated Charlotte County, Florida.

Bona fide agricultural use: Use of a property for agriculture, which property has been classified as agricultural by the Charlotte county property appraiser pursuant to F.S. section 193.461.

Certificate of transferable density credits (certificate): The certificate issued by the county which indicates the amount of density available to be used or sold by the certificate holder, as well as any specifications for use of the density.

Certification of transferable density units (certification): The process whereby density is severed from property and a certificate is issued by the county signifying that the certificate holder has ownership of the indicated number of density units.

Coastal high hazard area: The coastal high hazard area is defined by the and depicted on FLUM Series Map #14: Coastal High Hazard Areas and Evacuation Routes.

Comprehensive plan: The document, and its amendments, adopted by the board, which meets the requirements of F.S. section 163.3177 and section 163.3178.

County Code: The Code of Laws and Ordinances, Charlotte County, Florida, as the same may be amended.

Covenant: A perpetual conservation easement or other perpetual restrictive covenant that encumbers the property that constitutes an SZ, granted by the owner(s) thereof to the county or to some other entity acceptable to the county.

Density: Density is defined by the comprehensive plan.

Density credit: A density unit that has been severed from a property through the processes identified in this article and recognized by a certificate of transferable density credits.

Density unit: Density unit is defined by the comprehensive plan.

Development: Development is defined by the comprehensive plan.

Development right: A right that entitles an owner of property to develop said property as may be recognized by the common law, statutory law, the United States or Florida Constitution, the County Code, the comprehensive plan or other applicable federal or state regulations.

Encumbrances: Restrictions, liens, easements, equitable servitudes, special exceptions, existing development, land development regulations, or other matters which affect the SZ, only known or levied charges such as taxes, Municipal Services Benefit Unit (MSBU) charges, or Municipal Services Taxing Unit (MSTU) charges, shall be considered encumbrances.

Environmentally sensitive resource: Environmentally sensitive resource is defined by the comprehensive plan.

FLUCCS: The Florida Land Use Cover and Forms Classification System.

Future land use map (FLUM) series: That series of maps identified as future land use maps adopted within the comprehensive plan, as may be amended.

Historic or archeological resource: Historic or archeological resource is defined by the comprehensive plan.

Incentive density: Incentive density is described in FLU Policy 1.2.16: Incentive Density.

Land Acquisition Trust Fund or LATF: The fund established by the board pursuant to subsection (k) below.

Plan amendment: Plan amendment is defined by the comprehensive plan.

Preliminary plat: A preliminary map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision and other information in compliance with the requirement of the County Code, and may include the terms "replat" or "revised plat", as defined in F.S. section 177.031(14), as amended.

Receiving zone or RZ: The area of property into which density credits may be transferred.

Rezoning: Rezoning is defined by the Comprehensive Plan.

Rural service area: Rural service area is defined by the comprehensive plan and depicted on FLUM Series Map #3: 2030 Service Area Delineation.

Sending zone or SZ: The area of property from which density credits may be severed and transferred.

Substandard lot or parcel: Property which does not meet the minimum dimension or area requirements established by the County Code or the comprehensive plan.

Transfer of density units or TDU: Transfer of density units is defined by the comprehensive plan.

Title document: An ownership and encumbrance report (O&E) or other document of title issued by an attorney or a title insurance company acceptable to the county attorney.

Unacceptable encumbrances: Encumbrances that, in the judgment of the county attorney, would impair or otherwise adversely affect the recorded covenant, whether in whole or in part, in the event of their enforcement or foreclosure.

Urban service area: Urban service area is defined by the comprehensive plan and depicted on FLUM Series Map #3: 2030 Service Area Delineation.

Zoning district: An area assigned a specific classification of uses and structures pursuant to the County Code.

(c)

Applicability:

(1)

This section shall apply within the unincorporated areas of Charlotte County.

(2)

This section shall not apply within the City of Punta Gorda boundaries as it existed as of July 15, 2004. This section shall apply to areas annexed within the City of Punta Gorda or any new municipal area created after July 15, 2004, within Charlotte County.

(3)

Any owner of property governed by subsections (c)(1) and (2) above may apply for a certification in accordance with the provisions of this section.

(4)

Any owner of property governed by subsections (c)(1) and (2) above who proposes a plan amendment, rezoning, plat vacation or street vacation which acts to increase the base density on a parcel(s) of land shall apply for a TDU in accordance with the provisions of this section, except as provided in subsection (g)(4)c.

(d)

Sending zones (SZ):

(1)

Criteria. In order for property to qualify as an SZ, the proposed SZ must contain at least one (1) density unit and it must comply with one (1) of the following criteria:

a.

It is located within a managed neighborhood, as depicted on FLUM Series Map #2: 2050 Framework.

b.

It is located within the rural service area, as depicted on FLUM Series Map #3: Service Area Delineation, and contains a bona fide agricultural use or consists of substandard platted lots.

c.

It has a resource conservation or preservation FLUM designation.

d.

It is located within the coastal high hazard area (CHHA).

e.

It contains historical or archaeological resources.

f.

It contains environmentally sensitive resources.

g.

It is located within the prime aquifer recharge area, as depicted on FLUM Series Map #6: Prime Aquifer Recharge Area.

h.

It is located within the one-half mile setback of the Shell and Prairie Creek Watershed Overlay District or within Tippen Bay or Long Island Marsh, as depicted on FLUM Series Map #4: Watershed Overlay District.

i.

It is located within a public water system wellhead protection area, as depicted on FLUM Series Map #7: Public Water System Wellhead Protection Areas.

j.

It is designated as a wildlife corridor critical linkage, as depicted on FLUM Series Map #22: Critical Wildlife Corridors.

k.

It is located within the urban service area and a building permit and/or certificate of occupancy has been issued to develop a school, place of worship, park, cemetery or mausoleum subsequent to December 3, 2007.

l.

It is vacant and located within the urban service area, and the owner wishes to retain an allowed residential density below the base density.

(2)

Determination of density for an SZ.

a.

The density will be the base density.

b.

Density units shall only be certified and transferred in whole units. A fractional unit shall not entitle the applicant to an additional density unit.

c.

A certification of transferable density units may not be derived from density which has been already sold, transferred, or limited by easements, deed restrictions, equitable servitudes, restrictive covenants, special exceptions, existing development, land development regulations, or similar measures.

(3)

Other provisions.

a.

Density on those portions of a proposed SZ that contain an environmentally sensitive resource or which contain an historic or archeological resource must be totally removed. Density can be retained on other areas of the SZ if such retention is deemed consistent with the provisions of this section and the covenant.

b.

An SZ may be used for mitigation or for relocation of protected plant or animal species, as such use or relocation may be allowed by federal and state regulations, provided the terms of the covenant are satisfied.

c.

SZ sites within subsection (d)(1)a shall be placed under restrictive covenant and all density served except that owners shall retain one (1) unit of density per platted lot if public potable water or sanitary sewer service is available.

d.

SZ sites within subsection (d)(1)b:

i.

If consisting of substandard platted lots, such SZ sites shall be placed under a restrictive covenant and all density severed except that owners shall retain one (1) unit of density per platted lot if public potable water or sanitary sewer service is available.

ii.

If not consisting of substandard platted lots, such SZ sites shall be placed under a conservation easement if environmentally sensitive land or agricultural easement if under active agricultural use and the intent is to continue that use. SZ sites under active agricultural use may retain one (1) unit per thirty (30) acres of active agricultural use, up to a maximum of five (5) units, for use by the property owner, family members of the property owner, or a land manager.

e.

SZ sites within subsections (d)(1)c, g, or h shall be placed under a conservation easement and no density shall be retained, although an existing residential structure may be retained and such structure shall be counted as one (1) residential unit.

f.

SZ sites within subsections (d)(1)d, e, f, or i:

i.

If public potable water or sanitary sewer service is available, SZ sites shall be placed under a restrictive covenant and all density severed except that owners shall retain one (1) unit of density per platted lot or parcel.

ii.

If public potable water or sanitary sewer service is not available, SZ sites shall be placed under a conservation easement and no density shall be retained, an existing residential structure may be retained and such structure shall be counted as one (1) residential unit.

g.

SZ sites within subsection (d)(1)j shall be placed under a conservation easement if environmentally sensitive land or agricultural easement if under active agricultural use and the intent is to continue that use. SZ sites under active agricultural use may retain one (1) unit of density and active agricultural uses may continue but may not be intensified or expanded. If the property owner does not choose to manage the land for wildlife, the county or appropriate state or non-profit agency may be given rights to manage any non-agricultural and non-residential portions of the property for wildlife usage.

(4)

Providing for county ownership.

a.

An applicant may request that the county purchase or assume ownership, through donation, of a proposed SZ. The request must be expressed during the pre-application meeting. The request will be reviewed by the county. The review will consider the costs and benefits associated with the acquisition.

b.

If the county agrees to assume ownership the applicant may not be required to supply a covenant or surveys.

(e)

Receiving zones (RZ):

(1)

Criteria: In order for property to qualify as an RZ, the proposed RZ must comply with one (1) of the following criteria and also not be located within a prohibited area, as described below:

a.

It must be located within the urban service area and designated as one (1) of the following areas on FLUM Series Map #2: 2050 Framework:

i.

Emerging neighborhood.

ii.

Maturing neighborhood.

iii.

Economic center.

iv.

Economic corridor.

v.

CRA.

vi.

Revitalizing neighborhood.

vii.

Rural Settlement Overlay District, as depicted on FLUM Series Map #8: Special Area Overlay Districts.

b.

It must be located within the rural service area and designated as rural community mixed use on FLUM Series Map #1: 2030 Future Land Use.

(2)

Prohibited receiving zones. Any property meeting any one (1) of the following criteria shall be prohibited from being an RZ:

a.

Property within managed neighborhoods, as depicted on FLUM Series Map #2: 2050 Framework, as may be amended.

b.

Property designated as resource conservation or preservation on FLUM Series Map #1: 2030 Future Land Use.

c.

Properties containing historic or archeological resources or land deemed to contain environmentally sensitive resources; except that when a portion of a property contains these resources, that area deemed not to contain resources may receive density if it meets one (1) of the criteria of a receiving zone, a conservation easement will be required over the resource along with an undeveloped buffer of at least one hundred (100) feet or may have the required 100-foot buffer reduced only if approved through an environmental resource permit or applicable state or federal permit. Any development shall comply with federal and state regulations as well as policies set forth in the comprehensive plan to protect environmentally sensitive resources. An historical or archeological resource that is to be integrated into a development will not need to be buffered.

d.

Property within the prime aquifer recharge area, as depicted on FLUM Series Map #6: Prime Aquifer Recharge Area.

e.

Property within the one-half mile setback of the Shell and Prairie Creek Watershed Overlay District or within Tippen Bay or Long Island Marsh, as depicted on FLUM Series Map #4: Watershed Overlay District.

f.

Property within a public water system wellhead protection area, as depicted on FLUM Series Map #7: Public Water System Wellhead Protection Areas unless public potable water and sanitary sewer services are available.

g.

Property on any barrier island, except that density may be transferred within Manasota Key or Sandpiper Key according to the provisions of the Manasota Key Zoning District Overlay.

(3)

Other provisions.

a.

Property within the coastal high hazard area may be eligible to become an RZ. In order to make use of this exception, the applicant must transfer coastal high hazard area density credits to the property. Density credits from category 1 hurricane storm surge zone cannot be transferred into a tropical storm surge zone of an RZ nor can density credits from an AE flood zone be transferred into a VE flood zone of an RZ or be used for density in a building which touches a VE flood zone. Notwithstanding this exception, no transfers of density from a less to a more restrictive flood zone may take place west of the Myakka River and Charlotte Harbor. Also notwithstanding this exception, in no case shall an increase of density be allowed on property located on a barrier island, except as provided by the Manasota and Sandpiper Key Zoning District Overlay.

b.

Any property within the Charlotte Harbor Community Redevelopment Area (CHCRA), other than land zoned CR-3.5, shall qualify as an RZ. Such properties are permitted to receive density from any property located within the CHCRA or from any property located in any coastal high hazard area throughout the county with no limitations based on storm surge or flood zone transfers. Nothing in this article shall prevent the CHCRA from codifying a specific process for properties within the CHCRA.

c.

Density certified under (d)(1) criteria k and l shall only be transferred onto properties located within qualified RZs with available public potable water and sanitary sewer services. Such density transfers shall also comply with all other special provisions. Such density transfers from a DRI shall only occur within that DRI.

d.

Density on property west of the Myakka River and Charlotte Harbor may only be increased by a transfer of density from a SZ located west of the Myakka River and Charlotte Harbor. There shall be no transfer of density credits west of the Myakka River and Charlotte Harbor from other areas of the county. This transfer of density credits between properties west of the Myakka River and Charlotte Harbor shall comply with the provisions of this section. To ensure that density is not increased west of the Myakka River and Charlotte Harbor, an applicant cannot purchase density from the county's LATF to be located west of the Myakka River and Charlotte Harbor.

e.

Density on property located within the rural service area may only be increased by a transfer of density from a SZ located within the rural service area.

(f)

Covenant requirement.

(1)

The covenant shall be prepared by the applicant and executed in accordance with the requirements of this section. Once the draft is approved, the covenant shall be signed by the applicant and held in escrow pending the approval of the certification.

(2)

Each covenant shall be reviewed by the county attorney and shall contain such provisions that are reasonably required by the county attorney proscribing the use of the proposed SZ following the approval of the certification, including the following:

a.

If the property contains environmentally sensitive resources or historic or archeological resources, the covenant shall limit or preclude uses of the proposed SZ such that the resources, whichever may be applicable, will be maintained in perpetuity following the completion of the certification.

b.

If the property is submitted as a bona fide agricultural use, the covenant shall restrict the uses of the property to bona fide agricultural uses and the use of any retained density to family members of the property owner or employees, and their families, engaged in the agricultural operation.

c.

Limit or preclude activities which are determined through the processes of this section to be detrimental to the appropriate maintenance of the proposed SZ.

d.

Indicate the property or portions thereof that is restricted from future development and/or subject to limitations on future development. If the SZ consists of only a portion of the property, the covenant shall not contain provisions over the use of the remainder of the property unless such provisions are deemed necessary to ensure the viability of the SZ. The covenant may provide for spreading the remaining density onto the portion of the property used as an SZ. Environmentally sensitive resources or historic or archeological resources shall be protected.

e.

Bind all owners of the proposed SZ and their respective heirs, successors and assigns.

f.

Encumbrances as defined herein shall be satisfied prior to the county executing the restrictive covenant.

(3)

The covenant shall be accompanied by a management plan if required herein.

a.

A management plan shall be required if the applicant proposes to qualify the property as an SZ because it contains an environmentally sensitive resource, or historic or archeological resource, or a bona fide agricultural use, or a wildlife corridor critical linkage. The management plan shall describe how the proposed SZ will be maintained in perpetuity, how the resource shall be protected, and shall contain any other information reasonably requested or required by the county regarding the use, maintenance and the protection of the resources of the proposed SZ following the approval of the certification. If the property owner does not choose to manage the land for wildlife, the property owner must secure the county or appropriate state or non-profit agency to manage any non-agricultural and non-residential portions of the property for wildlife usage.

b.

Substandard lots and property located within the coastal high hazard area shall not require a management plan.

c.

The executed covenant shall be recorded with the Charlotte County Clerk of the Circuit Court by the applicant, and a recorded copy must be returned to the county.

(g)

Procedure.

(1)

Pre-application meeting. The property owner shall meet with the county prior to submitting an application to discuss the requirements of the TDU program and determine whether a proposed SZ is acceptable.

(2)

Certification of sending zone.

a.

Any owner of property may request a determination of the county on whether such property meets the criteria of an SZ at a pre-application meeting. If such determination is positive, the owner may apply to have their property approved as an SZ and density units certified.

b.

No subsequent transfer to a different RZ shall take place without approval of a TDU pursuant to the requirements of this section.

c.

Once a certification is approved and effective, density units shall not be restored to an SZ unless the area in which the SZ is located qualifies as an RZ. In such situations, the property may become an RZ if it meets all other requirements for an RZ under this section and the property has not been used for mitigation purposes for other developments.

d.

Contents of application. An application for certification of transferable density units shall include the following items:

i.

Notarized affidavits from all owners of the proposed SZ authorizing the application. The affidavit from the owners of the proposed SZ shall also provide consent to the modification of the FLUM and/or zoning district of the proposed SZ to conform with the revised and reduced density applicable to the proposed SZ upon the approval of the certification, at the county's discretion. Consent to a future plat vacation may also be necessary.

ii.

A copy of the most current deed or title to the SZ property.

iii.

Legal descriptions (with acreages) of the proposed SZ.

iv.

Signed and sealed surveys of the proposed SZ that illustrate boundaries and all existing easements. The survey of the proposed SZ is not required if the proposed SZ consists of platted lots and the lots are included in their entirety. In such a case, a copy of the most recent plat with the proposed SZ outlined will suffice; the applicant must also indicate whether any easements or land encumbrances exist on the property. If a plat exists, the property owner(s) may be required to submit a plat vacation along with the certification application. The need for the plat vacation submittal will be determined at the pre-application meeting. If it is determined that it is not appropriate to pursue a plat vacation along with the certification, the applicant remains obligated to supply a boundary survey and utility easements if it becomes appropriate to pursue the vacation at a future time.

v.

Maps illustrating the location of the proposed SZ.

vi.

Title document dated no later than two (2) months prior to the application submittal date and which shows that the signatories who will execute the covenant constitute the owners of all interests in the proposed SZ. The document shall further indicate that there are no unacceptable encumbrances against the proposed SZ. If unacceptable encumbrances exist, they shall be fulfilled, removed, satisfied, released, subordinated or limited to the satisfaction of the county attorney such that the enforcement of the encumbrances will not impair or otherwise adversely affect the covenant, whether in whole or in part, or that the covenant will be prior in dignity to the encumbrances.

vii.

A draft covenant pursuant to subsection (f), including a management plan, as required, in subsection (f)(3).

viii.

A narrative indicating the base density of the SZ and describing how the calculation was derived, including an indication of how any encumbrances as identified per subsection (d)(2)c affect this base density and a statement of the number of density units requested to be transferred from the property and the number of density units requested to be retained.

ix.

If the property is located in the coastal high hazard area, a boundary map of the property with the storm surge zones illustrated upon the map along with an indication of the acreage of each associated storm surge zone. If there are VE and AE flood zones, these shall also be illustrated on the map. Any encumbrances must be subtracted from the whole. The county may agree to delineate these areas; this must be agreed upon at the pre-application meeting.

x.

Maps and surveys of the proposed SZ illustrating the existing land cover according to level 3 of the FLUCCS, locations of heritage trees, and listed flora and fauna species. This requirement may be eliminated by the county at the pre-application meeting under the following circumstances: property on which no density shall be retained; property that clearly does not contain any environmentally sensitive, historic or archeological resources; property which contains a bona fide agricultural use; property of which the county already has detailed knowledge as relates to environmentally sensitive, historic and archeological resources; and other circumstances that will be determined on a case by case basis.

(3)

Transfer of sending density.

a.

For any proposed RZ located in the coastal high hazard area, the applicant shall provide a map related to storm surge and flood zones detailing the amount of density which will be increased in each associated storm surge and flood zone. The county may agree to delineate these areas; this must be agreed upon at the pre-application meeting.

b.

An application for a TDU that proposes to transfer density that has not yet been certified shall include the information required for a certification. Further, the application shall include information related to the RZ, such as property owner information and the application number for associated plan amendment, rezoning, plat vacation or street vacation that established or is establishing the requirement for the TDU.

c.

An application for a TDU that utilizes a certificate or the LATF option shall include information related to the RZ, such as property owner information and the application number for an associated plan amendment, rezoning, plat vacation or street vacation that established or is establishing the requirement for the TDU.

i.

If utilizing a certificate, the original certificate shall be submitted with the application for appropriate modification or extinguishment and held in escrow by the county attorney.

ii.

If the LATF option is being utilized, a certificate shall be issued that reflects the density units actually paid for by the applicant to the county in accordance with the process described in subsection (k) and Resolutions 2004-248 and 2004-249.

d.

Approval. An application for certification or TDU will be placed on consent agenda for approval by the board of county commissioners.

(4)

Transfer of density.

a.

A TDU application, if approved, will serve to transfer the number of density units that will be increased by a plan amendment, rezoning, plat vacation or street vacation to that parcel of land upon which the increase occurs. The TDU process is the board's acknowledgement that the density has been shifted from an SZ to an RZ.

b.

Plan amendment and/or rezoning not involving a planned development (PD) rezoning:

i.

An applicant shall simultaneously submit one (1) of the following:

a)

A TDU application utilizing certificates of transferable density credit.

b)

A TDU application requesting the LATF option.

c)

A certification application to sever density from an SZ and a TDU application requesting transfer of that density to the proposed RZ.

d)

An agreement to purchase density credits and a TDU application requesting transfer of the credits to the proposed RZ. The transfer of ownership related to the density referred to in the agreement must occur within ten (10) working days of the approval of the plan amendment, rezoning, plat vacation, or street vacation.

ii.

The TDU application, and certification application as applicable, shall be held in abeyance until the approval of the plan amendment and/or rezoning and will be submitted to the board of county commissioners for approval at the next convenient board hearing after adoption of the plan amendment and/or rezoning.

c.

For a plan amendment with a PD rezoning or a PD rezoning, an applicant may submit the TDU application subsequent to the adoption of the PD rezoning. The TDU must be approved by the board of county commissioners, and the density transferred to the RZ, prior to submittal by the applicant for preliminary plat approval, or, if platting will not be requested, prior to submittal for any permits to develop. A project which proposes to phase development in over time may submit individual TDU applications to transfer density equivalent to that necessary for development of that phase.

d.

For a street vacation or plat vacation which acts to increase the property's base density, an applicant may, instead of submitting a TDU application, may choose to submit a restrictive covenant with the vacation that limits the density of the property to that existing at the time of application. If, in the future, the property owner seeks to increase the density on the previously vacated property, a public hearing shall be held to lift any restrictive covenant and concurrently transfer all required density onto the property.

(5)

Notification. A plan amendment, rezoning, plat vacation, or street vacation shall have notice of the transfer of density included in the advertisements and agenda notices for the plan amendment, rezoning, plat vacation, or street vacation.

a.

Standards for approval.

1.

The board may not grant a certification unless it finds that:

i.

The certification meets the intent, purpose and provisions of this section, and the property meets the criteria of an SZ set within subsection (d).

ii.

The applicant has signed and notarized the covenant.

iii.

The applicant has submitted a plat vacation, if necessary.

(6)

Incentive density program. The purpose of incentive density program is to implement FLU Policy 1.2.16: Incentive Density and FLU Policy 1.2.17: Incentive Density Usage, and to promote development and redevelopment within revitalizing neighborhoods, address the deficiency of market-rate rental properties, low-, very low- and moderate-income housing and workforce housing, and promote development within economic centers and community redevelopment areas.

a.

At the time of an application for a plan amendment and/or rezoning to increase the base density of the property, the applicant must file an application for incentive density and the board at a public hearing may grant the incentive density at no cost.

b.

The applicant must enter a developer's agreement with the county to comply with the requirements of incentive density, if applicable.

c.

Properties located west of the Myakka River and Charlotte Harbor shall only receive incentive density from managed neighborhoods west of the Myakka River and Charlotte Harbor, and such incentive density must come from a similar or more restrictive FEMA flood zone.

d.

If a revitalization plan is approved by the board, incentive density may be granted to the applicant according to the policies set forth in the revitalization plan.

e.

For development of long-term market-rate rental housing, such projects must meet the following:

i.

Shall be market-rate rentals in perpetuity.

ii.

Shall be located outside of the coastal high hazard area.

iii.

Shall be located within economic centers, economic districts, or revitalizing neighborhoods.

iv.

Shall not be age-restricted.

f.

For a development of low-, very low- and moderate-income housing, or workforce housing, such projects must meet the following:

i.

Shall be income restricted for no less than twenty (20) or thirty (30) years, depending on funding sources, i.e. state or federal funding.

ii.

Shall be located outside of the coastal high hazard area.

iii.

Shall be located within economic centers, economic districts, or revitalizing neighborhoods.

iv.

Shall not be age-restricted.

g.

An adopted equivalency matrix or conversion table may be used to increase residential dwelling units above the maximum approved by the comprehensive plan or DRI development orders, provided such property shall be located outside of the coastal high hazard area and shall not be located west of the Myakka River and Charlotte Harbor.

(h)

Effective date of the certification or TDU.

(1)

A certification shall become effective only when the covenant and the management plan, as applicable, have been recorded by the applicant with the Charlotte County Clerk of the Circuit Court.

a.

Upon the date of the recording of a certification approved pursuant to this section, the county shall issue a certificate to the property owner(s) of the SZ. The issuance of the certificate shall establish the quantity of density units for the property at the time the certificate is issued and shall be considered a final determination. Once a certificate has been issued for the SZ, the property owner shall maintain the property in accordance with the requirements of the covenant.

i.

Density credits approved pursuant to this article may be transferred to an eligible RZ.

ii.

Density credits transferred to an eligible RZ pursuant to this article, which are not used for the intended RZ development, may be recertified. The RZ owner shall simultaneously apply to revise the zoning district and/or FLUM, whichever is applicable, of the original RZ from which these credits were transferred to reflect the decrease in density.

iii.

Upon the sale of density credits to another owner, the seller of the density credits shall surrender the certificate to the county for appropriate modification or extinguishment.

iv.

In the event an SZ property owner has not found a willing RZ to which it can transfer its density credits, density credits from the SZ may be transferred to the county.

b.

A TDU shall not become effective and no permits to develop shall be issued for the RZ, until:

i.

The TDU has been approved by the county.

ii.

The LATF fee required by subsection (k), if applicable, has been paid to the county.

iii.

The certification of the SZ has been approved and all documents necessary have been recorded with the Charlotte County Clerk of the Circuit Court.

iv.

The certificate, if applicable, has been surrendered to the county for appropriate modification or extinguishment.

(i)

Limited relief.

(1)

If the application does not meet the substantive requirements of this article, the applicant may request to the board limited relief from those requirements. The relief would be from the strict application of the requirements which have either prohibited the certification or TDU for the owner of the affected real property. Additionally, the applicant must establish the following prerequisites to the satisfaction of the board, if applicable. The applicant cannot seek limited relief from any provisions of density transferring within the area west of the Myakka River and Charlotte Harbor.

(2)

The request shall be in writing and shall contain, at a minimum, the following information:

a.

The section(s) from which relief is sought.

b.

The nature of the relief.

c.

The reasons why the limited relief should be granted.

(3)

Upon receipt of the written appeal, it will be placed on the nearest available agenda date of the board.

(4)

The board may provide limited relief to the substantive requirements of this article based on the following findings, if applicable:

a.

The proposed TDU furthers the intent and purpose of this section.

b.

The proposed TDU furthers the goals, objectives, and policies of the comprehensive plan.

c.

The proposed TDU directs further growth in a logical, efficient, and economical manner away from those areas of the county less suited to such growth, and toward those areas of the county better suited to provide the public services and facilities necessary for such growth.

d.

The proposed TDU will further the protection of environmentally sensitive historic and archeological resources, or bona fide agricultural uses.

e.

The proposed TDU will shift density from one (1) area to another area, where such shift is found to be in the best interest of the county.

f.

The proposed TDU will further the health, safety and welfare of general public.

g.

The proposed TDU located with the CHHA. A study must be submitted by the applicant to demonstrate no negative impact on evacuation times.

(j)

Waiver. There shall be no waiver from the requirement of complying with this section except through the adoption of a comprehensive plan text amendment and accompanying map amendment.

(k)

Land Acquisition Trust Fund (LATF).

(1)

If an applicant does not choose to include a proposed SZ or an approved certificate with a proposed TDU, the applicant shall pay a contribution fee to be deposited in the county's Land Acquisition Trust Fund.

(2)

Once an applicant submits a TDU application indicating their desire to use the LATF option, the county will provide the current unit price equivalent for a unit of density within seven (7) days. The unit price will be current to market conditions, directly related to the county's current acquisition costs of acquiring lands under the LATF, and reflective of land values within the general area of the proposed RZ.

(3)

The unit price shall be formally established by the resolution at the time of approval of the TDU application. In the event that the applicant chooses to not contribute to the LATF at the time of adoption of the TDU, or chooses to submit the development in phases, a process for payment shall be established in the resolution with the understanding that the amount of the fee required upon payment shall be the unit price equivalent for a density unit at the time of payment, which may not be the same price as would have been paid by the applicant at the time of approval of the TDU by the board.

(4)

The payment of the contribution fee is required prior to preliminary plat approval, or, in the event a preliminary plat will not be requested by the applicant, prior to request for any permits to develop. The applicant shall not be issued any permits for development on the RZ, or the applicable phase of the RZ, until such time as the payment of the fee has been received by the county.

(5)

The amount of the fee shall be equal to the number of density units approved for the RZ multiplied by the unit price for a density unit, included as part of the resolution adopting the TDU.

(6)

An applicant who is proposing to transfer density onto property located in a tropical storm surge or category 1 hurricane storm surge zone, or who is proposing to increase density on property west of the Myakka River and Charlotte Harbor, cannot utilize the LATF option.

(Ord. No. 2018-013, § 1(Exh. A), 3-27-2018; Ord. No. 2018-014, § 1(Exh. A), 3-27-1018)