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Ord 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