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).
