2015-252ORDINANCE NO. 2015 -252
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION
35.13.7.A.7.e OF THE DENTON DEVELOPMENT CODE, PERTAINING TO USE OF
THE TREE FUND; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM
FINE AMOUNT OF $2,000.00 FOR EACH VIOLATION THEREOF; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2002 -040, the City Council of the City of
Denton, Texas adopted the Denton Development Code (the "Development Code "); and
WHEREAS, Subchapter 35.13 of the Development Code provides for the use of Tree
Fund deposits for tree mitigation, and the City desires also to use such deposits for the public
purpose of increasing the tree canopy within the City; and
WHEREAS, after providing notice and after conducting a public hearing on the
day of , 2015, as required by law, the Planning and Zoning Commission recommended
approval ol`' ehatiges to Subchapter 35.13 of the Development Code as described herein; and
WHEREAS, after providing notice and after conducting a public hearing as required by
law, the City Council finds that the subject changes to the Development Code are consistent with
the Denton Plan; and
WHEREAS, the City Council has determined that the proposed amendment for the use of
the Tree Fund is in the best interest of the health, safety, morals, and general welfare of the City
of Denton, and accordingly is of the opinion and finds that said amendment is in the public
interest and should be granted as set forth herein; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTIwON 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. Subchapter 35.13.7.A.7.e of the Denton Development Code is amended as
underlined to read as follows:
Section 35.13.7.A.7.e:
e. Tree Fund.
The City shall administer the Tree Fund. Tree Funds shall be used to purchase, plant,
and maintain trees ei4y, to preserve wooded property that remainsing in
a naturalistic state in perpetuity, to perform and maintain a City -wide tree inventory,
and to educate citizens and developers on the benefits and value of trees, all within
the City o Dcntoji. ThewwwTree Fund may also be used to sup,Port programs for the
Public � I)(i......._._ � l y it[iiri tli�'its° of T ei toii. as Mli- �)ve�t
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by Ci1v Council.
ii. Proceeds from the Tree Fund not be used to meet any requirements for
rescry t ar3� 1 at`;Ci at% 1< ¢ic c tpmn btiff"efirm. streetscap : hnilar
requirements in the Denton Development Code and the Denton Code of Ordinances.
iii. The applicant shall pay the fees established by City Council and published in the
Development Review Fee Schedule in the Application Criteria Manual. The fee shall
be based on the fair market value of materials and labor at the time of planting and
the reasonable estimated cost for maintenance and irrigation for a period of three (3)
years.
iv. Fees contributed to the Tree Fund shall be paid prior to the issuance of a Clearing and
Grading Permit on all Commercial, Industrial, or Multi- Family Residential
developments, prior to final approval of a Gas Well Development Plat and prior to
filing a Final Plat in the Denton County Clerk's Office for all Single - family
Residential Subdivisions.
v. Voluntary contributions for tree preservation shall be placed in the Tree Fund.
SECTION 3. Any person, firm, partnership, corporation or other entity violating any
provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall
be punished by a fine in a sum not exceeding $2,000.00 for each offense. Each day that a
provision of this ordinance is violated shall constitute a separate and distinct offense.
SECTION 4. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall become effective fourteen (14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be published twice in the Denton
Record - Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10)
days of the date of its passage.
PASSED AND APPROVED this the y f� '2015.
.. . da o
"HI iS WATT -S„ MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY