O-2015-3609 amend sections 106-801 tree preservation, 106-802 tree replacement, 106-803 tree fund

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natural ground level. Provided, however, it shall not be a violation of this provision if a tree is removed and/or destroyed if the tree is obviously diseased or determined to be diseased by an arborist or in the opinion of the planning director or his designated representative, said tree constitutes a hazard to pedestrian and/or vehicular traffic along any such right-of- way. (c) No person, firm or corporation desirous of developing or improving any parcel of property, shall remove or cause the removal of any tree from said property without first obtaining a clearing permit which would allow clearing of buildable areas only. (d) The provisions of this section are not applicable to individual single family lots." Section 2: That Chapter 106, "Zoning", Article V. "Supplementary District Regulations", Division 4 "Fencing and Landscaping Requirements", Section 106-802 "Tree Replacement", of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended in its entirety and shall hereinafter read as follows: "Sec. 106-802.Tree Replacement A tree disposition plan or tree survey must be submitted and approved prior to the removal or destruction of any qualifying protected tree. In the event that it is necessary to remove a protected tree, as a condition of a building permit issuance, applicant shall be required to replace the tree(s) being removed with replacement trees as follows: (a) Replacement trees required. Tree disposition conditions and tree permit authorizing removal of or damage to protected trees shall normally require replacement by one or more newly planted trees on the same subject site. If this is not feasible, the owner or developer must plant and maintain off-site replacement trees in reasonable proximity to the subject site. (b) Number of Replacement Trees. For each qualifying protected tree removed from the site, one replacement tree must be planted on the subject site. 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, or alternatively, contribute to the city's tree fund. (c) Minimum size. Replacement trees must normally have a trunk caliper of at least two inches measured six inches from the ground, with the exception of replacement trees installed on properties in any designated industrial zone district, in which case the trunk caliper shall be a minimum of four inches as measured six inches from the ground. The enforcement officer may prescribe a proportionally smaller trunk caliper for certain species of trees, i.e. Crepe Myrtle. (d) Qualified trees. To be a "qualified tree", a tree must comply with the recommended tree list "native or protected" of the city.