HomeMy WebLinkAboutO-2015-3609 amend sections 106-801 tree preservation, 106-802 tree replacement, 106-803 tree fund 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
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.
(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
Section 5. Each and every provision, paragraph, sentence and clause of this Ordinance has been
separately considered and passed by the City Council of the City of La Porte, Texas, and each said
provision would have been separately passed without any other provision, and if any provision
hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the
remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been
passed alone.
Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict only.
Section 7. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551., Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 8. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least once within ten
(10) days after the passage of this ordinance.
PASSED AND APPROVED this the �& day of OCTOBER, 2015.
CITY OF LA PO TE, TEXAS
By:
tjk. Rigby M or
A EST:
Patrice Fogarty, Cit]Yecretalq
APPROVED:
C ark Askins, Assistant City Attorney