§ 72-1140. Standards for review.

(a)

The environmental permitting activity shall provide a gopher tortoise habitat map to designate and geographically delineate the areas of Volusia County which are typical habitat for gopher tortoises. Said map shall be on file with, and made available to the public by environmental permitting.

(b)

Applicants for commercial site developments or residential subdivisions whose sites are designated as gopher tortoise habitat on the map described in subsection (a) of this section and who have not obtained a FWC permit must provide a burrow survey, conducted by an authorized gopher tortoise agent permitted by FWC, of 100 percent of the gopher tortoise habitat on-site to identify any burrows. If a gopher tortoise burrow is located on-site during the burrow survey the applicant must either protect the burrow consistent with FWC rules, the FWC Gopher Tortoise Management Plan (September 2007 and subsequent amendments) and the FWC Gopher Tortoise Permitting Guidelines (April 2008 - revised April 2009 and subsequent amendments) and section 72-1141 of this division or obtain a permit from FWC if avoidance is not possible.

(c)

Applicants for residential building permits or tree removal permits on properties identified on the Volusia County Gopher Tortoise Habitat Map will be required to pay a review fee as established by the county council, unless the applicant has a valid development order or an environmental review fee already applies. Environmental permitting will conduct a field inspection to determine whether any gopher tortoise burrows exist on-site. If a gopher tortoise burrow is located on-site during the field inspection, the applicant must either: (a) protect the burrow consistent with FWC rules, the FWC Gopher Tortoise Management Plan (September 2007 and subsequent amendments) and the FWC Gopher Tortoise Permitting Guidelines (April 2008 - revised April 2009 and subsequent amendments) and section 72-1141 of this division; or (b) obtain a permit from FWC. The Volusia County residential building permit or tree removal permit will be issued only after an FWC permit has been issued.

(Ord. No. 2010-02, § V, 3-4-10)