ORD 2010-06TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2010-06
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ARTICLE VIII, ENTITLED "TREE PRESERVATION AND
REMOVAL" SECTION 8.08ENTITLED "TREE REMOVAL AND
REPLACEMENT," SUBSECTION "G" ENTITLED APPROVED MEDIAN
AND RIGHT-OF-WAY TREE PLANTING LIST" OF CHAPTER 12
ENTITLED "SUBDIVISION RULES AND REGULATIONS," OF THE
CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB IN
ORDER TO REMOVE AND ADD TREES TO THE "APPROVED MEDIAN
AND ROW TREE PLANTING LIST" PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENT;
PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING FOR PUBLICATION 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 February 16, 2009 the Town adopted Ordinance No. 2009-04
which repealed Article VIII, entitled "Tree Preservation and Removal", of Chapter 12
entitled "Subdivision Rules and Regulations", of the Code of Ordinances, in its entirety
and adopted a new article VIII, Section 8.01 through and including Section 8.13 of
Chapter 12 of the Code of Ordinances of the Town of Trophy Club to add two additional
seats to the Tree Board, to change the definition of Director from the current director of
Community Development to refer to and mean the Town Manager or his designee for
the Town and making related changes;
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 Article VIII, entitled "Tree Removal and Replacement," of Chapter 12
entitled "Subdivision Rules and Regulations," of the Code of Ordinances of the Town by
removing and adding certain tree species to the "Approved Median and Row Tree
Planting List" contained within Subsection 8.08(G); and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
Ordinance 2010-06 1
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 Subsection "G" entitled "Approved Median and Right-of-Way Tree Planting List"
of Section 8.08, entitled "Tree Removal and Replacement," of Article VIII entitled "Tree
Preservation and Removal" of Chapter 12, entitled "Subdivision Regulations" of the
Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended, so that
Section 8.08(G) shall be and read in its entirety as follows:
. ..:: Article VIII
.. Tree Preservation and Removal .
Section B.OB Tree Removal and Replacement
G. Approved Median and Right-ol-Way Tree Planting List: The following tree species shall be allowed
to be planted in medians and right-of-way when approved by the Town. Additional tree species with
non-aggressive root systems/deep root systems may be authorized for planting by the Tree Board
u on necessit and ood cause shown.
Approved Median and ROW Tree Planting List
Common Name
Aristocrat Pear
Austrian Pine
Bald Cypress
Black Walnut
Burford Holly
Bur Oak
Carolina Buckthorn
Chinese Pis tache
Chinkapin Oak
Crepe Myrtle
Eldarica Pine
Fruitless Crabapples
Green Ash
Hickories
Japanese Black Pine
Lacebark Elm
Native Pecan
Nelly R Stevens
Plum
Possum Haw
RedbudslWhitebuds
Red Maple
Sawtooth Oak
Ordinance 2010-06
SCientific Name
(pyrus)
(Pinus Nigra, Pinus Nigra Caramanica, Pinus Nigra
Nigra)
(Taxodium Distichum)
(Juglans Nigra)
lIex Corn uta Burfordii
(Quercus Macrocarpa)
(Rhamnus Caroliniana)
(Pistachia Chinensis)
(Quercus Muehlenbergii)
(Lagerstroemia Indica)
(Pinus Eldarica)
(Malus Species)
(Fraxinus Pennsylvanica)
(Carya Species)
(Pinus Thunbergii)
(Ulmus Parvifolia)
(Carya Species)
Ilex Nelly R Stevens
(Prunus Species)
(llex Decidu)
(Cercis Species)
(Acer Rebrum)
(Quercus Acutissima)
2
Shumard Oak
Slash Pine
Slippery Elm
Sweet Gum
Texas Buckeye
Texas Red Oak
Thornless Honey Locust
Wax Myrtle
Western Soapberry
Winged Elm
Yaupon Holly
SECTION 3.
(Quercus Shumardi)
(Pinus Elliottii)
(Ulmus Rubra)
(Liquidambar Styraciflua)
(Aesculus glabra variety arguta)
(Quercus Texana)
(Gleditsia Triacanthos Variety Inermis)
(Myrica Cerifera)
(Sapindus Drummondii)
(Ulmus Alata)
(llex Vomitoria)
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town
affecting tree preservation and removal 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 in accordance with the Town Charter.
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.
Ordinance 2010-06 3
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011
of the Texas Local Government Code.
SECTION 8.
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 15th day of February, 2010.
Mayor
Town of Trophy Club, Texas
ATTEST:
Town Secretary , .' \.
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
Ordinance 2010-06 4