HomeMy WebLinkAboutOrd 667 Ameding Chapter 98 Tree Preservation requirementsTOWN OF WESTLAKE
ORDINANCE NO. 667
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 98,
VEGETATION, ARTICLE II, DIVISION 2, PRESERVATION, SECTION 98-48, TREE
REPLACEMENT REQUIREMENTS. PROVIDING A PENALTY; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, the Town Council of the Town of Westlake finds that it is necessary for the
preservation of public health safety and welfare that trees be preserved and protected as future
development occurs.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
SECTION 2: That Chapter 98 of the Town of Westlake Code of Ordinances is hereby
amended to as follows:
Chapter 98 VEGETATION
Article II TREES
Division 2. PRESERVATION
Sec 98-48
Sec. 98-48. Tree replacement requirements.
(a) Replacement trees. In the event that a tree removal permit is granted, the applicant shall
replace the protected trees being removed with trees listed in appendix D, Town's Approved
Plant List, A sufficient number of trees shall be planted to equal, in caliper, the diameter of the
tree removed. Replacement trees shall be a minimum of three-inch caliper measured 12 inches
from the ground, and ten feet in height when planted.
(b) Replacement procedures. Replacement trees shall be located on the subject site whenever
possible. However, if this is not feasible, the building official has the authority to allow the
planting to take place on another property.
(c) Reforestation Fund, If approved by the building official, the applicant, in lieu of
compliance with this division, may make a payment into the reforestation fund, which shall be a
special account administered by the town. The funds shall be used only for purchasing, planting
and maintaining trees on public property, acquiring equipment that may be used for the
planting, protecting or preservation of trees, or for acquiring and preserving wooded property.
Ordinance 667
Page 1 of 2
The amount of payment required shall be calculated based on current market prices for the cost
of acquiring, planting and maintaining a tree for a period of one year.
CTI : That this Ordinance shall be cumulative of all other Town Ordinances and
all other provisions of other Ordinances adopted by the Town which are inconsistent with the
terms or provisions of this Ordinance are hereby repealed.
CTI 5: That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to
exceed the sum of Five Hundred Dollars ($500.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION : It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
SCTI 7: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
ke
..,D APPROVED D;. O.
Kelly Edwards awn Secretary
� �' Z,/ 4"
Laura Wheat, Mayor
Thomas E. Brye, T wn Manager
Ordinance 667
Page 2 of 2
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax ID 26-2674582
Bill To:
TOWN OF WESTLAKE
3 VILLAGE CIR STE 202
WESTLAKE, TX 76262-7940
Sales Discount
Mise Fee
THE STATE
County of TE
11'N V VIq—rd
Customer ID: TOW27
Invoice Number: 318064661
Invoice Date: 10/1/2011
Terms:
Net due in 21 days
Due Date:
10/31/2011
PO Number:
Order Number:
31806466
Sales Rep:
073
Description:
TOWN OF WESTLA
Publication Dates: 9/30/2011 -10/1/2011
13580 1 33 33 LINE $3.11 $204.98
($125.88)
$10.00
Net Amount:
RECEIVED
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Saylor Norwood, Bid and Legal Coordinator for
the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was publishe,4jn the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215-2323 % \ — 411% 1
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday,
Notary
Thank You For Your Payment
---------------------------------------------
Remit To: Star -Telegram
P.O. BOX 901051
FORT WORTH, TX 76101-2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
TOW27
TOWN OF WESTLAKE
318064661
$89.10