ORD 2006-20TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-20
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
BY AMENDING ARTICLE VIII, ENTITLED "TREE
PRESERVATION AND REMOVAL" OF CHAPTER 12, SECTION
8.03, ENTITLED "TREE PRESERVATION" PARAGRAPHS
(B)(a)(b)(c)(d) OF THE CODE OF ORDINANCES OF THE TOWN
OF TROPHY CLUB TO: CLARIFY THE APPLICABILITY OF
THE TOWN'S TREE PRESERVATION REQUIREMENTS AND
PROVIDE EXEMPTIONS; AND BY ADDING SECTION 8.12 (A)
TO: PROVIDE APPEAL PROVISIONS; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING A SAVINGS
AND REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas, is
authorized and empowered by law, in accordance with Chapter 212 of the Texas Local
Government Code to regulate the subdivision of land and property development within
and without the corporate limits of the Town; and
WHEREAS, on May 2, 2005, the Town adopted Ordinance No. 2005-11 P&Z,
governing and regulating the platting and subdivision of land within and without the
corporate limits of the Town of Trophy Club;
WHEREAS, the Town Council now deems it necessary for the safe, orderly, and
healthful development of the Town and in the best interest of the Town of Trophy Club,
Texas, to amend the Town's Code of Ordinances, Chapter 12, Article VIII, Section 8.03,
paragraphs (B)(a)(b)(c)(d) to clarify the applicability of provisions for tree preservation
and removal and provide exemptions, and by adding Section 8.12 (A) to provide appeal
provisions within and outside the corporate limits of the Town.
NOW, THE, BE IT ORDAINED BY TIS TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Section 8.03 entitled "Tree Preservation" of Article VIII entitled "Tree
Preservation and Removal" of Chapter 12 of the Code of Ordinances of the Town of
Trophy Club, Texas, is hereby amended, so that paragraphs (B)(a)(b)(c)(d) and (D) of
Section 8.03 reads as follows:
"B. Applicability: The purpose of this Ordinance is to regulate undeveloped and vacant
real property in accordance with the regulations contained herein both prior to and
during the platting, subdivision and development of property, including but not
limited to grading or any other construction activity. The terms and provisions of
this Ordinance shall apply to all real property within the Town's corporate limits
which meets one or more of the following criteria:
a. All vacant or undeveloped real property prior to and during the platting,
subdivision and development of property, including but not limited to grading,
any other construction activity on the property, or preparation of the property
for any construction activity thereon;
b. All platted real property which is re -platted, re -subdivided or for which
additional subdivision occurs;
c. The yard areas of all developed property, excluding developed single-family
and two-family residential property. It is provided, however, that where a
building lot or site is one acre or larger in size, then no protected, specimen,
majestic or historic trees shall be removed from the buildable area of the lot or
site before the issuance of a building permit relating to the lot or site.
d. Exemptions:
(i.) The terms and provisions of this Ordinance shall not apply to
developed single family and two-family residential property.
(ii.) Local taxing authorities, constructing or improving public grounds
and/or buildings shall be exempt from the requirements set forth in
this Article."
2.02 Article VIII entitled "Tree Preservation and Removal" of Chapter 12 of the Code
of Ordinances of the Town of Trophy Club, Texas, is hereby amended, to add Section
8.12 entitled "Appeals" which shall read as follows in its entirety:
"A. Appeals. Any person or entity affected by an action or determination taken under
this Article may appeal such action by filing a written notice of appeal to the Town
Manager within ten (10) days of his/her receipt of Town's action or determination.
Upon receipt of such appeal, the Town Manager shall forward the appeal to the Tree
Board for consideration and recommendation to Town Council. The Tree Board
shall hear appeals within thirty (30) days of receipt of the notice of appeal by the
Town Manager. The person requesting relief shall have the burden of demonstrating
that good cause exists for the Tree Board to recommend that the action or
determination of the Town be reversed or amended. The Tree Board shall forward
its recommendation to the Town Council for final decision. The Town Council shall
be the final authority for making a good cause determination under this Section and
shall make such determination within thirty (30) days after the Tree Board has made
its recommendation. Economic hardship alone is not sufficient to support a finding
that good cause exists."
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town
affecting the applicability of tree preservation and shall not repeal any of the provisions
of such ordinances except in those instances where provisions of those ordinances are in
direct conflict with the provisions of this Ordinance; whether such ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect. Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance shall
be deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption and Effective Date clause in the minutes of
the Town Council of the Town of Trophy Club and by filing this Ordinance in the
Ordinance records of the Town.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined,
upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars
($2,000.00), and a separate offense shall be deemed committed upon each day during or
on which a violation occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with
law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 10`x' day of July, 2006.
ATTEST:
Town Secretary
Town of Trophy Club, Texas
[SEAL]
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Town Attorney
Town of Trophy Club, Texas
Mayor
Town of Trophy Club, Texas
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