§ 35-B133. Habitat Compliance Form.

(a)

The owner of property subject to this chapter who submits an application to the City of San Antonio for development on/of a tract of land greater than two (2) acres in area shall submit a Habitat Compliance Form in accordance with the provisions of this section.

(b)

A property owner shall, through a signed and completed Habitat Compliance Form:

(1)

Indicate obtainment of a section 10(a) permit, section 7 biological opinion, participation in a Regional Habitat Conservation Plan or submittal of an endangered species survey to the U.S. Fish and Wildlife Service for properties located in Karst zones 1 or 2 as outlined in the 2008 Draft Recovery Plan for Bexar County Karst Invertebrates, available on U.S. Fish and Wildlife Service's website; or for properties identified as potential Golden-Cheeked Warbler Habitat as outlined in Texas Parks and Wildlife Department Management Guidelines for the Golden-cheeked Warbler in Rural Landscapes, available on their website; or,

(2)

Complete a signed, sworn, and notarized affidavit indicating a biologist survey was completed that found that no species would be impacted by the activity subject to the application to the City of San Antonio.

The application to the City of San Antonio shall be deemed incomplete if the Habitat Compliance Form, and affidavit if applicable, is not completed and signed.

(c)

The Habitat Compliance Form shall include an indication of coverage under the Endangered Species Act or where there is no coverage an indication of any development greater than two (2) acres in areas known to provide habitat for Golden-Cheeked Warblers or Karst Invertebrates. The Habitat Compliance Form shall be substantially in the form of Figure 35-B133-1.

Commentary: For information on endangered species habitat within the City of San Antonio's jurisdiction and any Military Influence Areas as may be established, see for example March 2008 Draft Recovery Plan for Bexar County Karst Invertebrates, available on U.S. Fish and Wildlife Service's website, Management Guidelines for the Golden-cheeked Warbler in Rural Landscapes by Texas Parks and Wildlife Department and available on their website.

(d)

After the completeness review (section 35-402) of an application subject to subparagraph (a), the director shall provide a copy of the Habitat Compliance Form to the U.S. Fish and Wildlife Service and Texas Parks and Wildlife Department.

(Ord. No. 2009-08-20-0652, § 2, 8-2-09)

Figure 35-B133-1
Habitat Compliance Form
CITY OF SAN ANTONIO
PLANNING & DEVELOPMENT SERVICES DEPARTMENT
1901 S. Alamo, San Antonio, TX 78204
    _____ 

1. Commentary:

For information on endangered species habitat within Bexar County as may be established, see 2008 Draft Recovery Plan for Bexar County Karst Invertebrates, available on US Fish and Wildlife Service's website, and Management Guidelines for the Golden-cheeked Warbler in Rural Landscapes by Texas Parks and Wildlife Department available on their website.

 

2. Applicant Contact Information:

Project Name: _____
Property Owner: _____ E-mail: ___________
Address: _____ Zip code: ________ Phone: ________
Agent: _____ E-mail: ___________
Address: _____ Zip code: ________ Phone: ________
Contact Person Name: _____ E-mail: ___________
Company: _____ Relationship to Owner: ___________
Address: _____ Zip code: ________ Phone: ________

 

3. Property Location:

Property address or nearest street intersection if address not available: _____
Acres: _____ Ferguson map grid: _____ USGS Grid: _____
In addition to this form, please submit an aerial map designating property boundaries based on the most recently available imagery. Maps can be obtained from www.sanantonio.gov/dsd and saved into a PDF format.

 

4. Application Type (check one):

□  Master Development Plan (MDP)	□  Tree Permit
□  Major Plat	□  Planned Unit Development (PUD) Plan
□  Development Plat	□  Minor Plat

 

5. Endangered Species Act Coverage (check one):

□  The activity subject to the application to the City of San Antonio is covered under an existing Section 10(a) permit or a Section 7 Biological Opinion analyzing the activity as proposed, and the activity is identical or very similar to the activity proposed in permit and located in the same geographic location. Skip to section 7, no affidavit required.

□  The activity subject to the application to the City of San Antonio is covered by participation in an approved Regional Habitat Conservation Plan. Skip to section 7, no affidavit required.

□  The activity subject to the application to the City of San Antonio is not covered by an existing Section 10(a) permit or a Section 7 Biological Opinion nor participation in an approved Regional Habitat Conservation Plan. (Complete sections 6, 7 and 8 (if applicable) below)

 

6. Description for Activities Without Coverage (check one box for both sections A and B):

A. Golden-cheeked       □ Warbler Endangered; Species	There is no requirement for coverage of this listed species because no part of the tract subject to the application to the City of San Antonio contains habitat types that may be used by Golden-cheeked Warblers as set forth in Management Guidelines for the Golden-cheeked Warbler in Rural Landscapes, Texas Parks and Wildlife Department, available on their website. While this requirement applies throughout the jurisdiction of the City of San Antonio, based on the U.S. Fish & Wildlife Service Recovery Plan maps for Golden-cheeked Warblers, there is a rebuttable presumption that areas located inside of Loop 1604 that are within the jurisdiction of the City of San Antonio, as well as areas located to the south of U.S. Highway 90 and east of Interstate Highway 35, do not contain habitat.
□	The tract subject to the application to the City of San Antonio is within a presumptive habitat areas and an Endangered Species Survey has been completed within the last 3 years by a Biologist permitted by U.S. Fish and Wildlife and copies sent to: U.S Fish and Wildlife (USFWS) Ecological Services Field Office, 10711 Burnet Road, Suite 200, Austin, TX 78758
□	The tract subject to the application to the City of San Antonio is within a presumptive habitat area and no Endangered Species Survey has been submitted to U.S. Fish and Wildlife. (Selecting this box requires the applicant to complete the Habitat Compliance Affidavit in Section 8 below.)
B. Karst Invertebrate       □ Endangered Species	There is no requirement for coverage of these listed species because no part of this tract subject to the application to the City of San Antonio is located within karst zone 1 or 2 of the areas in Bexar County identified as karst zones in the USFWS 2008 Draft Bexar County Karst Invertebrates Recovery Plan.
□	The tract or portions of the tract subject to the application to the City of San Antonio is located within Karst Zone 1 or 2 as identified in the U.S. Fish & Wildlife 2008 Draft Bexar County Karst Invertebrates Recovery Plan and an Endangered Species Survey has been completed by a Biologist permitted by U.S. Fish and Wildlife and copies sent to: U.S Fish and Wildlife (USFWS) Ecological Services Field Office, 10711 Burnet Road, Suite 200, Austin, TX 78758
□	The tract or portions of the tract subject to the application to the City of San Antonio is located within Karst Zone 1 or 2 as identified in the U.S. Fish & Wildlife 2008 Draft Bexar County Karst Invertebrates Recovery Plan and no Endangered Species Survey has been submitted to U.S. Fish and Wildlife. (Selecting this box requires the applicant to complete the Habitat Compliance Affidavit in Section 8 below.)

 

7. Owner or Authorized Representative (form is considered incomplete without this section):

I certify that the information provided in this Habitat Compliance Form is true and accurate.

Print Name: _____ Signature: _____

Address: _____ City: _____ State _____ Zip Code _______

E-mail: _____

 

8. Affidavit of Compliance (required for properties in Karst 1 or 2 or located in the area identified as potential habitatas set forth inManagement Guidelines for the Golden-cheeked Warbler in Rural Landscapes, Texas Parks and Wildlife Department, available on their website when there is no Section 10(a) permit, Section 7 biological opinion, Regional Habitat Conservation Plan, nor endangered species survey submitted to US Fish and Wildlife):

Affidavit of Compliance

Before me, the undersigned authority, on this day personally appeared
_____ ("Affiant") who, being first duly sworn, upon his/her oath states:

My name is _____ and I am the owner of the property that is the subject of this application to the City of San Antonio.

_______ A habitat assessment/survey was not conducted.

_______ A habitat assessment/survey was conducted by a biologist permitted by U.S. Fish &
Wildlife Service, _____(name of individual and firm) #TE _____ (number) , and concluded that no species will be impacted by the activity subject to the application to the City of San Antonio and I am relying on that assessment/survey.

Signed this _____ day of ________________, ______.

Signature: _____

STATE OF TEXAS  §

             §

COUNTY OF BEXAR §

Sworn to and subscribed to before me on _____ , by _____ ,

  Notary Public, State of Texas