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

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(e) Standard of review. The enforcement officer shall use reasonable best efforts to determine the type and number of replacement trees required in an attempt to minimize undue burden resulting from this section. (f) Trees in street area. Before authorizing establishment or maintenance of tree or decorative landscaping, such as lighting or a watering system in a street area, the building official must 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. (g) Single Family Lots. The provisions of this section are not applicable to individual single family lots." Section 3: That Chapter 106, "Zoning", Article V. "Supplementary District Regulations", Division 4 "Fencing and Landscaping Requirements", Section 106-803 "Tree Fund", of the Code of Ordinances of the City of La Porte,Texas, is hereby amended in its entirety and shall hereinafter 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$250.00 per tree. The amount paid to the tree fund shall be applied at a maximum of $2,500.00 per acre (or fraction thereof) with a maximum total payment of $100 000.00er development. p p The owner or developer of any 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 approval 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." Section 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be