2006-011
S:\Our Documents\Ordinanccs\06\DCA05-0007.doc
ORDINANCE NO.;< DOra - 0 1/
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SECTION 35.13.7. OF THE DENTON DEVELOPMENT CODE, DEFINING
PROFESSIONALS QUALIFIED TO SUBMIT TREE INVENTORIES; PROVIDING FOR A
PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING AN EFFECTIVE DATE (DCA05-0007).
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, after providing notice and after conducting a public hearing as required by
law on December 14, 2005, the Planning and Zoning Commission recommended approval of
certain changes to Section 35.13.7 of the Denton Development Code adding professional land
surveyors to the list of professionals qualified to submit tree inventories; 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 Comprehensive Plan and are in the public interest; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The findings and recitati9ns contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Subchapter 13.7.A.4.d. is hereby amended to read as follows:
"d. A Tree Inventory Plan and a Tree Replacement/Mitigation Plan, if required, must
be submitted with a tree removal permit application prepared by:
1. a registered landscape architect;
2. an urban forester;
3. a botanist;
4. an arborist; or .
5. a professional land surveyor that has documented completion of at least
eight (8) hours of training in Texas tree identification."
SECTION 3. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,090.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not effect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite such invalidity.
SECTION 5. 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 3 A.d day of 1}a-1I..LA a A (f 2006.
c~AvJG
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYD A TTORNE