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

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i 2015-3609 Jr ORDINANCE NO. � 31009 AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS BY REVISING REGULATIONS RELATED TO TREE PRESERVATION, TREE REPLACEMENT, AND CONTRIBUTIONS TO TREE FUND; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 106, "Zoning", Article V. "Supplementary District Regulations", Division 4 "Fencing and Landscaping Requirements", Section 106-801 "Tree Preservation", 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. 106-801.Tree Preservation. (a) It is the intent of this section to encourage the preservation of existing trees within the city and to prohibit their unwarranted destruction. The city encourages site planning which furthers the preservation of trees and natural areas by the following methods: To protect trees during construction; to facilitate site design and construction which contributes to the long term viability of existing trees; and to control premature removal of trees; require on-site replacement of trees that must be removed and require off-site replacement of trees that cannot be replaced on-site, either by direct planting as outlined in section 106- 802 (Tree replacement) or through a contribution to the tree fund established in section 106-803 (Tree fund) of this chapter. It is the further intent of this section to achieve the following objectives: (1) Protect healthy trees and preserve the natural, environmental, and aesthetic qualities of the city to the degree possible. (2) Protect and increase the value of residential and commercial properties within the city. (3) Discourage premature clear-cutting of property. (4) Maintain and enhance a positive image for the attraction of new developments to the city. (b) It shall be unlawful for any person to cause or permit the destruction of any healthy, native tree (herein referred to as a "protected tree") within the city if such tree has a trunk which exceeds six inches in diameter (or 18.84-inch circumference) at a point 18 inches above the