HomeMy WebLinkAboutORD 2007-04 - Tree Surveyi r • i'1 1�
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Sectionsi i' 1 .. • i 1 1' Required"), and
Passed11.03.030 ("Tree Removal Prohibited"') of the Unified Development Code,
and Adopted on D. of I13, Repealing Conflicting
Ordinances an• Resolutions; Inclu
Establishing an Effective Date.
WHEREAS, the City Council adopted the Unified Development Code (UDC) on March
11, 2003; and
WHEREAS, the City Council adopted Resolution No. 082404 -BB on August 24, 2004
which outlines an annual amendment process for the UDC, but which allows the City Council to
declare certain amendments to be of an "emergency" nature deserving to be processed sooner
than the annual UDC amendments; and
WHEREAS, at their meeting of September 25, 2006; the City Council authorized this
amendment to the UDC to be taken up as a priority amendment and directed that it be
completed before the annual UDC amendments; and
WHEREAS, the Planning and Zoning Commission conducted a duly noticed Public
Hearing on November 7, 2006 to consider a recommendation to the City Council on this UDC
amendment; and
WHEREAS, the Planning and Zoning Commission at their meeting of November 7, 2006
made a report to the City Council recommending approval of the proposed UDC amendment;
and
NOW • ORDAINED BY THE CITY COUNCILOF CITY OF
GEORGETOWN, THAT,
SECTION 1. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this
ordinance implements the Century Plan as follows:
Policy 1.0: The community enjoys the benefits of well-planned land use in which
conflicting needs are balanced.
Goal: Develop policies which enhance the quality of life for the community while
preserving the unique character and natural resources.
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Ordinance
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Strategy: Implement the Unified Development Code (UDC) to ensure consistency of
the City's development ordinances to preserve the character of the
community,
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any
other Century Plan Ends, as required by Section 2.03 of the Administrative Chapter of the Policy
Plan,
SECTION 2. Chapter 11.03.010 "Applicability" is hereby amended to provide as follows
(deletions shown in c' _'-^''� ^� oh and additions shown in underline):
11.03.010 Applicability
The provisions of this Section shall app.y to all property located within the corporate
limits of the City of Georgetown and in the extra territorial.jurisdiction (ETT) of the City_
Significant natural features, that is protected trees, and significant stands of native trees on
a Non Residential development site shall be preserved to the maximum feasible extent
and, where necessary, protected by setbacks from development. Natural areas to be
preserved shall be integrated with the design of open space, screening and landscaped
areas. Heritage Trees shall be preserved and protected in accordance with the provisions
of Section 11.03.080.
SECTION 3. Chapter 11.03.020 "Tree Survey Required" is hereby amended to provide as
follows (deletions shown in St -.._1-e441,., ugh and additions shown in underline):
11.03.020 Tree Survey Required
A. Nonresidential Development. Every initial Stormwater Permit, construction plans,
subdivision or plat review application, or Site Plan review .. V Lo !on Residential
,a e y ele...... � Ae that ,,,,,,eels five gFess acres must be accompanied by a tree survey and
a tree protection plan. The tree survey shall graphically identify all trees of 12 inches
caliper or greater, protected trees and significant stands of trees. No application shall be
deemed complete for filing until a tree survey has been submitted, and the failure to
submit such information shall be grounds for subsequent rejection.
B. Residential Development. Except as otherwise provided herein for instances
where there are fewer than three (3) Heritage Trees on a site every initial Stormwater
Permit, construction plans, subdivision or plat review application or Site Plan review
must be accompanied by a tree survey and a tree protection plan The tree survey shall
graphically identify all Heritage Trees. If there are fewer than three (3) Heritage Trees on
a site, then in lieu of a tree survey sketch or drawing the surveyor may submit a sworn
affidavit in a form acceptable to the City affirming that there are fewer than three (31
Heritage Trees on the site and generally describing the location of the Heritage Trees on
the site. No application shall be deemed complete for filing until a tree survey or
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Ordinance
2007-04
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acceptable affidavit has been submitted, and the failure to submit such information shall
be grounds for subsequent re'eci tion.
SECTION 4. Chapter 11.03.030 "Tree Removal Prohibited" is hereby amended to provide
as follows (deletions shown in stfikethr-ough and additions shown in underline):
All development subject to this Section, including grading or tree removal on applietabk
all sites, is prohibited prior to the approval of a tree protection plan.
SECTION 5. All ordinances that are in conflict with the provisions of this ordinance be,
and the same are hereby, repealed and all other ordinances of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
SECTION 6. If any provision of this Ordinance or the UDC, or application thereof, to any
person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
SECTION 7. This Ordinance shall become effective immediately upon its final adoption.
PASSED AND APPROVED on First Reading on the December 12, 2006.
PASSED AND APPROVED on Second Reading on January 23, 2007.
ATTEST:
Sandra D. Lee
City Secretary
Approved as to Form:
4
F
Patricia E. Carls
City Attorney
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Ordinance
2007-04
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THE CITY OF GEORGETOWN