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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] _11;•/ R: • ma Town Attorney Town of Trophy Club, Texas Mayor Town of Trophy Club, Texas J a� o n a