HomeMy WebLinkAboutOrdinance No. 2006-17 (Title: An ordinance amending the Tree Preservation Ordinance to except areas dedicated for
storm water detention from tree survey requirements, and exempting properties used for
single-family residential purposes from any prohibition against trimming, pruning, or
removing trees on the lot used for such purpose.)
ORDINANCE NO.2006-17
AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD
CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD,
TEXAS, ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY ADOPTED
THE 19� DAY OF NOVEMBER, 1984, AND BEING THE ZONING
ORDINANCE OF THE CITY, BY DELETING ALL OF SUBPARAGRAPH f
3) a) (iii) OF PARAGRAPH 2 OF SUBSECTION I OF SECTION 8 THEREOF
AND SUBSTITUTING THEREFOR A NEW SUBPARAGRAPH f 3) a) (iii),
AND BY ADDING TO PARAGRAPH 2 OF SUBSECTION I OF SECTION 8
THEREOF A NEW SUBPARAGRAPH h; PROVIDING THAT TREE
SURVEYS SHALL NOT BE REQUIRED FOR AREAS DEDICATED FOR
STORM WATER DETENTION PURPOSES; PROVIDING THAT NOTHING
CONTAINED IN SUBSECTION I OF SECTION 8 SHALL PROHIBIT THE
OWNER/OCCUPANT OF A SINGLE FAMILY RESIDENTIAL DWELLING
FROM TRIMMING, PRUNING, OR REMOVING A TREE LOCATED ON
THE LOT OWNED OR OCCUPIED BY SUCH PERSON FOR SINGLE
FAMILY RESIDENTIAL DWELLING PURPOSES; PROVIDING A
PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF
VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR
SEVERABILITY.
* * * * *
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE
OF TEXAS:
Section 1. Appendix C of the Code of Ordinances of the City of Friendswood, Texas,
said Appendix C being the City's Zoning Ordinances, is hereby amended by deleting the text
contained in brackets and adding the underlined text in Subparagraph f(3) (a) (iii) of Paragraph 2 of
subsection I of section 8 thereof as follows:
"(iii) For residential developments on land located in districts zoned
as Single-Family Residential (SFR), Planned Unit Development —
Cluster Home (PUC — Cluster Home), or Multi-Family Residential —
Garden Home District (MFR — GHD); provide, however, the tree
survey required by this Subparagraph f. (3) a) (iii) shall be required
only for the common areas located within those developments, such
as community parks [and detention areas], where residents of the
developments would have common access."
Section 2. Said Appendix C of the Code of Ordinances of the City of Friendswood,
Texas, is hereby further amended by adding Paragraph 2 of Subsection I of Section 8 thereof a new
Subparagraph h to provide as follows:
"h. Excevtion for Lots used for SinQle Family Residential Dwelling
Purposes. Notwithstandin� any other urovision of this Subsection
I of Section 8 to the contrary, nothin� contained herein shall be
deemed to nrohibit the owner or occunant of a single familv
residential dwellin� from trimming, pruning, or removing anv
tree located on a lot owned or occupied by such nerson as a
private residence."
Section 3. Any person who shall knowingly, willingly, or with criminal negligence
violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon
conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall
constitute a separate offense.
Section 4. In the event any section, paragraph, subdivision, clause, phrase, provision,
sentence, or part of this Ordinance or the application of the same to any person or circumstance
shall for any reason be adjudged invalid or held unconstitutional by a court of competent
jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or
provision hereof other any part or provision hereof other than the part declared to be invalid or
unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would
have passed each and every part of the same notwithstanding the omission of any and every part of
the same notwithstanding the omission of any such part thus declared to be invalid or
unconstitutional, or whether there be one or more parts.
PASSED AND APPROVED on first reading this 24tb day of July,2006.
PASSED, APPROVED, AND ADOPTED on second reading this 7th day of Au�ust,
2006.
Davi . H. S '
ayor
ATT ST: � o� FR�E�VO�`L
, � Do
O
Deloris McKenzie, TRMC * *
City Secretary
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Ord.2006-17 2