HomeMy WebLinkAboutOrd 1429 - Urban Forest
Ordinance No. 1429
AN ORDINANCE FOR THE PRESERVATION AND ENHANCEMENT
OF THE URBAN FOREST OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS; AMENDING THE CODE OF ORDINANCES OF
SAID CITY; AND CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT.
WHEREAS, the City Council has held a series of hearings and meetings
on the subject of preserving and enhancing the urban forest of the City; and
WHEREAS, the City Council has received ovenvhelming evidence as to
the potential adverse effects upon the urban forest of certain practices, including
development and redevelopment; and
WHEREAS, the City Council has also received substantial evidence as to
the beneficial aspects of the urban forest for the public health and welfare,
including the following: (i) the urban forest can aid in the conservation of vital
energy resources and natural resources and in the preservation of the City's
heritage and quality of life; and (ii) trees are a valuable amenity to the urban
environment, creating greater human comfort by providing shade, cooling the air
through evaporation, restoring oxygen to the atmosphere, reducing glare,
reducing noise levels, providing an ecological habitat for songbirds and other
animal and plant species, providing for more effective transitions between
different land uses and breaking the monotony of urbanized development; and
WHEREAS, the City Council has determined that the urban forest of the
City should be preserved and enhanced, to the maximum extent feasible, for
future generations, because mature trees, if destroyed, can be replaced only after
generations of time; and
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
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Section 1. The Code of Ordinances of the City of West University Place,
Texas, is hereby amended by adding a new Article XIV (entitled "Urban Forest
Preservation And Enhancement" and including new Sections 6-501 et seq.) to
Chapter 6 of such Code, which new Article XIV shall read as set out in Exhibit
A, which is attached to this ordinance and incorporated herein by this reference
for all purposes.
Section 2. Section 6-1 of the Code of Ordinances of the City of West
University Place, Texas is hereby amended by adding thereto the following new
definition:
Pre-development activity means demolition, moving of buildings, site clearing
or grubbing, grading and any other activity which disturbs the surface of land and is
actually undertaken, or customarily undertaken, as preparation for development.
Section 3. The first sentence of Subsection (a) of Section 6-2 of the Code
of Ordinances of the City of West University Place, Texas is hereby amended to
read as follows:
(a) Unless a permit authorizing the conduct in question is first issued and is in
effect (and not revoked, cancelled or suspended), it shall be unlawful for any person to
erect, move, improve, remove, construct, enlarge, repair, convert, demolish or alter any
structure or to engage in any pre-development activity. [Remainder of subsection
remains unchanged.]
.
Section 4. Subsection (h) of Section 6-3 of the Code of Ordinances of the
City of West University Place, Texas, is hereby amended to read in its entirety
as follows:
(h) Temporary fencing. It shall be the duty of each person who applies for a
permit for any major development to provide temporary fencing in accordance with
this subsection during all times when the building permit is in effect and for so long
thereafter as the building site is affected by construction activity. The temporary
fencing must fully enclose the rear of the building site and the sides up to, but not
including, the sidewalk (subject to any restriction to the contrary in the zoning
ordinance). The temporary fencing must be at least five and one-half (5.5) feet high,
and it may incorporate any pre-existing or new fencing on the building site, but it may
not incorporate any fencing off the building site, regardless of who owns the fencing.
No separate fence permit is required for such a temporary fence erected in connection
with a major development for which a building permit is in effect.
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Section 5. Subsection (b) of Section 15-10 of the Code of Ordinances of
the City of West University Place, Texas, is hereby amended to read in its
entirety as follows:
(b) The city hereby offers a reward of one hundred dollars (100.00) to be paid
to any person furnishing information leading to the arrest and conviction of any person
willfully and without lawful authority attempting to, or in fact injuring, damaging,
defacing or removing any park equipment in any public park or public place in the
city.
Section 6. All ordinances and parts of ordinances in conflict herewith are
hereby repealed to the extent of the conflict only, except that the following are
repealed completely:
(i) The definitions of "large qualified street tree" and "qualified
tree, If as they now appear in Section 6-1 of the Code of Ordinances of the
City of West University Place, Texas.
(ii) Subsection (f) (entitled "Street Trees") of Section 6-3 of the
Code of Ordinances of the City of West University Place, Texas,
(iii) Sections 19-86, 19-87, 19-88, 19-89 and 19-90 of the Code of
Ordinances of the City of West University Place, Texas.
.
Section 7. If any word, phrase, clause, sentence, paragraph, section or
other part of this ordinance or the application thereof to any person or
circumstance, shall ever be held to be invalid or unconstitutional by any court of
competent jurisdiction, neither the remainder of this ordinance, nor the
application of such word, phrase, clause, sentence, paragraph, section or other
part of this ordinance to any other persons or circumstances, shall be affected
thereby.
Section 8. The City Council officially finds, determines and declares that
a sufficient written notice of the date, hour, place and subject of each meeting at
which this ordinance was discussed, considered or acted upon was given in the
manner required by the Open Meetings Act, TEX. REV. CIV. STAT. ANN. art.
6252-17, as amended, and that each such meeting has been open to the public as
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required by law at all times during such discussion, consideration and action,
The City Council ratifies, approves and confirms such notices and the contents
and posting thereof.
Section 9, This ordinance shall become effective at 12:01 AM on August
1, 1992. However, the ordinances in effect immediately prior to that time are
continued in effect for the purpose of governing: (i) offenses completely
committed prior to that time and (ii) any work done under permits issued in
response to complete permit applications filed prior to such time.
PASSED AND APPROVED ON FIRST READING, this 22nd day of
June, 1992,
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED AND APPROVED ON SECOND READING, AS AMENDED,
this _ day of ,19_,
o Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Signed:
b3 :\ordtree.54(071392)
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Signed:
Ld~
,
Whitt
Mayor
Approved as to Form:
~l~)
City Attorney
ATTEST:
~H~7
Ci ty Secretary
(SEAL)
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