§ 8.13. Broward County park preservation.

A.

Definitions.

(1)

"Disturbed Area" shall mean the area of a park which no longer retains the pristine and unique characteristics of a Natural Area Park.

(2)

"Park Purposes" shall mean the use of an area of land in the pursuit of outdoor leisure, athletic, or recreational activities and facilities ancillary thereto including, but not limited to, cultural, educational, and civic facilities, animal exhibits, habitats, band shells, pavilions, outdoor classrooms, and concessions.

(3)

"Passive Recreation Park Uses" shall mean nature centers and trails, scenic areas, wildlife sanctuaries, aquatic preserves and wetlands, or picnic areas.

B.

Natural Area Parks.

(1)

The following lands, based upon their unique qualities and environmental character, are hereby designated as "Natural Area Parks":

(a)

Coconut Creek Maple Swamp;

(b)

Crystal Lake Sand Pine Scrub;

(c)

Dillard Green Space 212;

(d)

Doris Davis Forman Wilderness Preserve;

(e)

Holmberg Road Site;

(f)

Helene Klein Pineland Preserve;

(g)

Helwig, excluding the Disturbed Area of the park;

(h)

Highland Scrub;

(i)

Hillsboro Pineland;

(j)

Military Trail;

(k)

Pond Apple Slough;

(l)

Saw Palmetto;

(m)

Shooster;

(n)

Site 39;

(o)

Tall Cypress;

(p)

Warbler Wetland;

(q)

West Creek Pineland;

(r)

William J. Kelly Rookery;

(s)

Woodmont;

(t)

Any land acquired in the future which is given this designation by the County Commission;

(u)

Any currently-owned land subsequently re-designated as a Natural Area Park by the County Commission; or

(v)

Any subsequently renamed lands listed in Subsections (a)—(u).

(2)

Natural Area Parks shall be used for "Passive Recreation Park Uses" only.

Natural Area Parks may not be sold, transferred, or used for purposes other than as a Natural Area Park unless such action is approved by an affirmative vote of no less than sixty percent (60%) of the electors of Broward County voting in a referendum at either a general election or a special election called for that purpose.

(3)

The operation or maintenance of Natural Area Parks may be transferred to a municipality without a referendum, provided that the subject park continues to be used for Passive Recreation Park Uses only as described in this Article.

C.

Regional Parks.

(1)

The following lands, based upon their unique qualities and environmental character, are described and designated as "Regional Parks":

(a)

Boaters Park;

(b)

Brian Piccolo;

(c)

C.B. Smith;

(d)

Central Broward;

(e)

Easterlin;

(f)

Everglades Holiday Park;

(g)

Markham;

(h)

Miramar Pineland;

(i)

Plantation Heritage;

(j)

Quiet Waters;

(k)

Topeekeegee Yugnee;

(l)

Tradewinds;

(m)

Tree Tops;

(n)

Vista View;

(o)

County-owned property within West Lake;

(p)

Fern Forest;

(q)

Long Key;

(r)

Secret Woods;

(s)

Any future-acquired land given this designation by the County Commission;

(t)

Any currently-owned land subsequently re-designated as such by the County Commission; or

(u)

Any subsequently renamed lands listed in Subsections (a)—(t).

(2)

Regional Parks shall only be used for Park Purposes.

Regional Parks may not be sold, transferred, or used for purposes other than as a Regional Park unless such action is approved by an affirmative vote of no less than sixty percent (60%) of the electors of Broward County voting in a referendum at either a general election or a special election called for that purpose.

D.

Any land acquired for Passive Recreation Park Uses or for Park Purposes after the effective date of this Charter amendment shall, when acquired, be forthwith designated as either a Natural Area Park or a Regional Park. All the land currently owned by the County, on the effective date of this charter amendment, which is subsequently used for Passive Recreation Park Uses or Park Purposes, shall be forthwith designated as either a Natural Area Park or as a Regional Park. The County Commission shall conduct public hearings prior to adopting any resolution designating any currently-owned or future-acquired land as either a Natural Area Park or a Regional Park.

E.

All existing or future restrictive covenants or conditions, recorded plats, legally enforceable interlocal agreements, legally binding court decisions or eminent domain proceedings, and other deed restrictions which encumber parks located within the County, including those restrictions which encumber land that has been transferred from the County to a municipality or other entity which run in favor of the County, may not be amended to reduce the majority required to amend or remove the restrictions.

F.

In connection with the future annexation of land by a municipality, the County and the annexing municipality shall ensure that any lands designated as a Natural Area Park, Regional Park and those lands listed in Subsection H. shall continue to be used for the purposes set forth herein.

G.

The operation, maintenance, or title to Regional Parks may be transferred without a referendum to the School Board of Broward County for collocation/shared use purposes or to a municipality, provided that the subject park continues to be used for Park Purposes or that a like acre-for-acre replacement of the transferred property, or greater, is provided to the County and restricted to Park Purposes as described in this Article.

H.

Exemption. The following lands shall not be subject to Section A. through Section E. of this Article:

(1)

Boulevard Gardens;

(2)

Reverend Samuel Delevoe Memorial;

(3)

Franklin;

(4)

Lafayette Hart;

(5)

Lewis-Chisolm;

(6)

Roosevelt Gardens;

(7)

South Fork Canoe Launch;

(8)

Sunview.