O-2010-3243 amending landscaping, tree preservation and tree replacement standards; and establishing a tree fund

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be satisfied that Tex. Trans. Code, Chapter 316 has been complied with and also confirms there would be no violation of the provisions relating to visibility triangles and future overhead obstruction. A sufficient number and diameter of replacement trees shall be planted on the subject site in order to equal the total diameter inches as determined above. If this is not feasible, the applicant may, upon approval by the director, plant and maintain off-site replacement trees in accordance with this section." Section 5. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 3. "Fencing and Landscaping Requirements," is hereby amended by adding new Section 106-803 "Tree Fund", which shall read as follows: "Sec. 106-803. Tree Fund. There is hereby established a tree fund, which shall be administered by the Director of Parks and Recreation or his/her designee. All revenues, mitigation fees, and penalties received pursuant to this section or for the enforcement thereof, and any donations or grant monies received to achieve the purpose of tree preservation or replacement, shall be deposited into the tree fund. Monies in the tree fund may be used to purchase trees required for replacement but may not be used in any manner that will profit the grantee. Tree replacement fee shall be calculated at the rate of one hundred dollars ($100.00) per caliper inch of tree otherwise required or shall be periodically adjusted as the market value of replacement trees warrants. The owner or developer of aU lot or tract of land required to replace trees in accordance with this chapter may, as an alternative, and upon approval by the City, pay a prescribed fee/amount into the tree fund in accordance with the following, conditions: 1. Residential and non-residential site plans/plats — payment to the tree fund must be received by the City prior to the submission of the development site plan and/or final plat approval by the Planning and Zoning Commission. 2. Building permits not requiring site plans/plats — payment to the tree fund must be received by the City prior to the issuance of a building permit. Sections 106-804 —106-830. Reserved." Section 6: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 7: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such