§ 705. Habitat, Wildlife and Endangered Species Protection.

705.1.   Purpose and Intent.

It is the purpose of this section to provide standards necessary to protect critical habitat and the habitats for both flora and fauna of species of endangered, threatened, or special concern status in the county, and to ensure that an appropriate amount of land shall be set aside and/or protective management plan instituted to protect habitat of endangered, threatened or special concern plant and animal species.

705.2.   Standards for Development.

A.

The "Hotspot of Biodiversity Map" in the Conservation Element of the Manatee County Comprehensive Plan identifies critical habitat and habitats for endangered species, threatened species, or species of special concern.

B.

Development proposed in areas which have been identified pursuant to subsection A, above, shall be required to provide a study consistent with Objective 3.3.2 of the Comprehensive Plan, prepared by a professional, approved by the Department Director as being qualified for this purpose, to document the presence of affected species, the habitat needs of the species which may be observed on the development site, and to propose appropriate habitat management plans.

C.

The preservation of native upland habitat shall be required in areas of the project where the study prepared pursuant to subsection B, above, confirms that critical habitat or habitat for endangered, threatened or special concern species exists within the project boundaries. Such land shall be adjacent to existing habitat, a significant wetland system, floodplain, or wildlife corridor. If such existing lands are not adjacent to the development site, land to be set aside shall be of such quantity and quality as to provide viable habitat, as documented in the study required in subsection B, above. When a significant number of a species of special concern are on-site, and the habitat is deemed viable, the applicant shall provide the county with a species management plan that has been approved by the Florida Fish and Wildlife Conservation Commission (FFWCC).

705.3.   Review Procedures.

A.

Department Director Review. The Department Director shall review studies prepared in accordance with subsection B, above, for the location of endangered or threatened species, or species of special concern as required by Objective 3.3.2 of the Manatee County Comprehensive Plan. Where such review of studies accompanying application for development approval or other available data concerning such species indicates the suspected occurrence of such species on a proposed development site, the applicant for the development approval shall be notified of a minimum requirement to:

1.

Elect to take no further action regarding determination of suspected habitat of threatened or endangered species or species of special concern on site, at the risk of subsequent review and comment by reviewing agencies, which may result in the conditioning of final development order approval by Manatee County,

2.

Elect to conduct, at the applicant's own expense, an evaluation of the proposed development site for habitat of endangered or threatened species, and species of special concern. Such evaluation shall contain, at a minimum:

a.

Date(s) of field review;

b.

Name of individual and organization conducting the field review;

c.

Qualification of individual or individuals conducting the field review;

d.

A brief statement of the methodology used to conduct the investigation of the site;

e.

A map of land use and land cover classifications on the site using a classification system described in one of the following publications:

i.

Land Use, Cover and Forms Classification System: A Technical Manual. State of Florida, Department of Transportation, May 1981 (Preferred); or

ii.

The Florida Land Use and Cover Classification System; A Technical Report. State of Florida, Department of Administration, April 1976;

f.

A list of species observed on the site;

g.

A map showing the exact location and an assessment of any habitat of threatened or endangered species, or species of special concern encountered on the site, and any evidence of habitation of areas on the site by such species discovered during the field review; and

h.

A habitat management plan describing any measures which are proposed by the applicant for non-disturbance, or species relocation or other mitigation measures regarding the protection of any threatened or endangered species found on the site.

B.

Agency Comments. The Department Director shall submit a copy of the field evaluation to the appropriate agency or agencies with jurisdiction over the discovered species. The Department Director shall request comment from such agency or agencies within thirty (30) days of transmittal of the applicant's report. The agency may also be requested to provide, comment on any management strategies that may have been proposed by the applicant in their report, and provide recommendations on a preferred species management strategy for consideration.

C.

Threatened or Endangered Species. Development approvals for projects that contain or are proximate to locations of habitat occupied by threatened or endangered species may limit or preclude development or redevelopment (but not removal) of habitable structures, impervious surfaces, and other uses as determined by the Department Director, within an appropriate distance of locations or defined areas classified as habitat for any threatened or endangered species, if such measures are deemed appropriate for the continued viability of such habitat.

D.

Species Management Plan. Whenever a significant number of species of special concern, listed by the FFWCC, are found through an evaluation of a proposed development site, and the species habitat on the project site is determined to be viable, a species management plan approved by the FFWCC may be developed and utilized as the basis for development approval conditions or changes to site design to achieve compliance with policies contained in the Manatee County Comprehensive Plan.

705.4.   Specific Protection Measures.

A.

Compliance. All development shall be required to comply with regulations contained in Section 701, Landscaping, of this Code and with Objective 3.3.2 of the Manatee County Comprehensive Plan regarding native habitat protection.

B.

West Indian Manatee. All development found to be wholly or partially within the range of the West Indian Manatee shall adhere to the Florida Department of Environmental Protection (FDEP) guidelines for protection of the species. The following use restrictions shall apply:

1.

Posting and maintenance of government signs at marina-type uses and their access channels shall be provided, funded, and maintained by the affected marina-type use.

2.

New boat ramps and waterfront structures shall be located away from sites of high manatee concentrations.

3.

Fade resistant, eye-catching educational displays at every boat ramp and marina shall be posted to alert boaters to possible presence of manatees and apprise them of boating regulations in the area. Any sign that is damaged or removed shall be replaced within thirty (30) days.

4.

The density of multi-family docking facilities and single-family docks shall not exceed one (1) power boat slip for every one hundred (100) feet of shoreline owned. Additional slips over the 1:100 foot ratio shall be designated as sail boat only, provided that construction of additional slips shall not result in destruction of manatee habitat, and appropriate enforcement mechanisms shall be developed to ensure compliance.

C.

Special Habitat Delineation. All applications for development approval shall be required to show the location of certain existing habitats that may be contained within the proposed development site or within fifty (50) feet of the development's boundary. The Building and Development Services Department shall determine if the proposed development activities will adversely affect the following habitats. If the project is found to have potentially significant adverse impacts, appropriate mitigation conditions shall be attached to the development approval, as required by the US Fish and Wildlife Service or the FFWCC. The following types of existing habitats shall be shown:

1.

Mangrove swamps;

2.

Tidal marshes;

3.

Sea grass beds;

4.

Oyster beds;

5.

Coastal streams;

6.

Freshwater wetlands (swamps, marshes, sloughs, wet prairies, and heads);

7.

Hammocks (mesic or xeric);

8.

Pine prairies (pine flatwoods or dry prairies); and

9.

Scrubs (sand pine scrubs, scrubby flatwoods, turkey oak ridges).

D.

Critical Habitat/Upland Preservation Identification and Protection. All critical habitat and upland preservation areas required by this Code or other applicable state or federal agencies shall be clearly staked or otherwise physically identified in the field prior to and during construction. Erosion and sediment control devices or other protective barriers shall be installed landward of the edge of the critical habitat, upland preservation and conservation areas prior to commencement of construction, and shall be inspected and maintained on a regular basis until construction has been completed.