§ 4.01.10. Environmentally Sensitive Areas—Upland Essential Wildlife Habitat

A.

Intent and General Provision

1.

This section provides standards and guidelines for the protection of upland habitat for populations of endangered and threatened species and species of special concern in Hillsborough County. It is intended that implementation of the provisions in this Section preserve upland essential wildlife habitat based on the listed species' habitat needs, in order to maintain viable populations of the listed species.

2.

New road rights-of-way shall be routed to avoid traversing essential wildlife habitat, unless there is no feasible and prudent alternative and the roadway design incorporates design features for the safe passage of wildlife. Design features for wildlife crossings shall be appropriate for the wildlife species expected to utilize the crossing and shall be designed in accordance with the recommendations of the Florida Game and Freshwater Fish Commission.

B.

Listed Animal Species

1.

When a listed animal species' essential habitat occurs onsite, the developer shall protect the habitat by locating and designing proposed improvements to ensure no adverse impact to a viable population, nesting pair, or nesting colony which would prevent such population, nesting pair, or nesting colony from being maintained onsite, based on the Listed Species Guidelines in the Development Review Procedures Manual, Section 4.1.6. However, it is not the intent of this provision to preclude the reasonable use of a lot or parcel consistent with this Code.

2.

The Administrator shall presume that a listed animal species' essential habitat occurs onsite whenever a listed animal species has been previously documented onsite; or, upon evaluation of the property, the Administrator determines that the land by itself, or in combination with offsite lands, meets the minimum habitat needs for a viable population of a listed animal species, as specified in the Listed Species Guidelines in the Development Review Procedures Manual; or, upon conducting an onsite inspection of the property, the Administrator observes evidence of a listed animal species on the property. This presumption shall be refutable upon a showing of clear and convincing evidence to the contrary.

3.

Protection of a listed animal species' essential habitat shall consist of onsite preservation of the habitat, based on the listed animal species' habitat needs as specified in the Listed Species Guidelines in the Development Review Procedures Manual, and shall meet the onsite preservation provisions of 4.01.12.

4.

Onsite preservation shall be required when the site is supporting by itself, or in combination with offsite lands, a viable population, nesting pair, or nesting colony of a listed animal species and sufficient management capabilities exist to manage the habitat to maintain the viable population, nesting pair, or nesting colony of the listed animal species. The Administrator's determination of a viable population of a listed animal species and the feasibility of onsite management of the listed species essential habitat shall be refutable upon a showing of clear and convincing evidence to the contrary.

5.

When the amount of essential wildlife habitat to be preserved onsite cannot be sufficiently managed, protection shall consist of preservation offsite and shall meet the offsite preservation provisions of 4.01.13.

6.

The listed animal species covered by these provisions are listed in the Listed Species Guidelines in the Development Review Procedures Manual.

C.

Listed Plant Species

1.

When a listed plant species' essential habitat occurs onsite, the developer shall protect the habitat of the listed plant species by locating and designing proposed improvements to maintain the plants onsite, based on the Listed Species Guidelines set forth in the Development Review Procedures Manual. However, it is not the intent of this provision to preclude the reasonable use of a lot or parcel consistent with this Code.

2.

The Administrator shall presume that a listed plant species' essential habitat occurs onsite whenever a listed plant species has been previously documented onsite; or, upon conducting an onsite inspection, the Administrator observes a listed plant species on the property. This presumption shall be refutable upon a showing of clear and convincing evidence to the contrary.

3.

Protection of a listed plant species' essential habitat shall consist of onsite preservation of the plants, based on the listed plant species' habitat needs set forth in the Listed Species Guidelines in the Development Review Procedures Manual, and shall meet the onsite preservation provisions of 4.01.12.

4.

Onsite preservation shall be required when sufficient management capabilities exist to maintain the plants onsite. The Administrator's determination of the feasibility of onsite management shall be refutable upon a showing of clear and convincing evidence to the contrary.

5.

When the amount of essential wildlife habitat to be preserved onsite cannot be sufficiently managed, protection shall consist of preservation offsite, and shall meet the offsite preservation provisions of 4.01.13.

6.

The listed plant species covered by these provisions are listed in the Listed Species Guidelines in the Development Review Procedures Manual.

(Ord. No. 01-26, § 2, 9-12-01)