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<br />Section 3. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. <br />"Supplementary District Regulations", Division 3. "Fencing and Landscaping Requirements," is <br />hereby amended by adding new Section 106-803 "Tree Fund", which shall read as follows: <br /> <br />Sec. 106-803. Tree Fund. <br /> <br />The owner or developer of any lot or tract of land required to replace trees in accordance with <br />this section may. as an alternative and, upon approval by the director, pay a prescribed <br />fee/amount into the tree fund as per following conditions: <br /> <br />1. Residential and non-residential site plans/plats - payment to the tree fund must be <br />received by the City prior to the submission of the development site plan and/or final plat <br />approval by the Planning and Zoning Commission. <br />2. Building permits not requirinz site vlans/vlats - payment to the tree fund must be <br />received by the City prior to the issuance of a building permit. <br /> <br />The Director of Parks and Recreation or his/her designee is authorized to administer the <br />operation of the tree fund. All revenues, mitigation fees, and penalties received under this <br />chapter and any donations or grant monies received to achieve the purpose of this chapter shall <br />be deposited into the tree fund. Monies in the tree fund may be used to purchase trees required <br />for replacement but may not be used in any manner that will profit the grantee. Tree replacement <br />fee shall be calculated at the rate of one hundred dollars ($100.00) per caliper inch of tree or <br />shall be periodically adiusted as the market value of replacement trees warrants. <br /> <br />"Sections. 106-804 -106-830. Reserved." <br /> <br />Section 8: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are <br />hereby repealed; provided, however, that such repeal shall be only to the extent of such <br />inconsistency and in all other respects this ordinance shall be cumulative of other ordinances <br />regulating and governing the subject matter covered by this ordinance. <br /> <br />Section 9: Should any section or part of this ordinance be held unconstitutional, illegal, or <br />invalid, or the application to any person or circumstance for any reasons thereof ineffective or <br />inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or <br />part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such <br />remaining portion or portions, the same shall be and remain in full force and effect and to this <br />end the provisions of this ordinance are declared to be severable. <br /> <br />Section 10. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate <br />any provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed <br />guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO <br />THOUSAND DOLLARS ($2000.00). <br /> <br />5 <br />