2006-221
ORDINANCE NO. ~tJ06-,j;< I
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTIONS 35.13.7.
AND 35.23.2 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO TREE
PRESERVATION REQUIREMENTS; PROVIDING FOR A PENALTY CLAUSE WITH A
MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN
EFFECTIVE DATE (DCA05-00IO).
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, requiring 25% mitigation
through the tree fund only for trees measuring six inches or greater (dbh) removed from gas well
pad sites, gas transmission pipelines, and fiber optic line easements; and
WHEREAS, in order to effect these recommended changes, the Council also finds that
additional nonsubstantive revisions are also appropriate for the sake of clarity, as set forth 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 Comprehensive Plan and are in the public interest; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the findings and recitations contained In the preamble of this
ordinance are incorporated herein by reference.
SECTION 2. That subsections 35.13.7.A.2.c.v. and 3S.13.7.A.2.c.vi. are hereby
amended to read as follows:
c. Exemptions:
v. Public Utilities may be exempted from these requirements upon
filing route plans prior to tree removal or construction, which
satisfactorily demonstrate that the proposed installation lies within
routes previously established by a current Master Plan for
transportation or public utilities, or within an existing easement
recorded prior to the effective date of this ordinance.
vi. Public Utilities have the right to trim, cut, and/or remove any and all
trees that:
(a) Interfere with or encroach upon the operation of
existing Public Utilities; or
(b) Create a safety issue for utility crews; or
(c) Create a safety issue for the public.
SECTION 3. That the definition of the term "Public Utilities" contained within
subsection 35.23.2 is hereby amended to read as follows:
Public Utilities: For the purposes of tree preservation provisions of the
Denton Development Code, the term Public Utilities means:
(i) entities franchised by the City to use public rights-of-way for the
conduct of their business;
(ii) entities that are "public utilities" under pertinent provisions of the
Texas Utilities Code or Texas Water Code but are specifically
exempted by state law from the requirement that they receive a
franchise from the City for the use of public rights-of-way;
(iii) public sanitary sewers;
(iv) public water mains;
(v) public streets;
(vi) public storm sewers;
(vii) public detention ponds;
(viii) municipally-owned electric utilities; and
(ix) any contractor hired by these entities.
SECTION 4. That Subsections 35.13.7.A.7.a and 35.13.7.A.7.b are hereby amended to
read as follows:
7. Mitigation
If preservation cannot be reasonably achieved, then the following
mitigation standards shall apply:
a. Protected Trees and Large Secondary Trees may be removed if
mitigated as identified on Table 35.13.7.A and Table 35.13.7.8.
(i) Exception: For applicants removing trees to facilitate installation of
gas wells (including roads, pad sites, and gathering lines), gas
transmission lines, or to facilitate installation of communications
infrastructure or utilities which do not otherwise meet this Code's
definition of a Public Utility, the following mitigation standard shall
apply instead, without regard to tree designation or lot type: For
every 6" dbh or larger tree removed, the applicant shall mitigate the
removal by paying the established tree mitigation fee for 25% of the
total dbh removed for such 6" dbh or larger trees. Fees must be
paid prior to tree removal, pursuant to the procedures established
by subsection 35.13.7 .A. 7 .e.
b. Quality Trees, Quality Tree Stands, Secondary Trees and Secondary
Tree Stands may be removed in excess of the minimum preservation
requirement provided the excess removal is mitigated as identified on
Table 35.13.7.A and Table 35.13.7.8.
(i) Exception: For applicants removing trees to facilitate installation of
gas wells (including roads, pad sites, and gathering lines), gas
transmission lines, or to facilitate installation of communications
infrastructure or utilities which do not otherwise meet this Code's
definition of a Public Utility, the following mitigation standard shall
apply instead, without regard to tree designation or lot type: For
every 6" dbh or larger tree removed, the applicant shall mitigate the
removal by paying the established tree mitigation fee for 25% of the
total dbh removed for such 6" dbh or larger trees. Fees must be
paid prior to tree removal, pursuant to the procedures established
by subsection 35.13.7.A.7.e.
SECTION 5. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 6. 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 7. 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 ;-it; day of a~F 2006.
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P RRY cNEILL, MAYOR
ATTEST:
~~:~~:;:ARY
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APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER,GITY-ATT0 .
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