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<br /> -3- <br /> ( 3) The Director of Environment and <br /> Engineering may not require the <br /> removal of trees except for the <br /> reason of disease, infestation, <br /> danger of falling, creation of a <br /> traffic hazard or the inability to <br /> properly and safely maintain public <br /> rights-of-way or easements. <br /> (g) Buffers, Open Space: <br /> ( 1) Existing trees shall not be cut or <br /> otherwise damaged or destroyed within <br /> portions of property to be used for <br /> parks, open space, setback or buffer <br /> requirements of the subdivision and <br /> zoning ordinances, except driveways <br /> when no other reasonable location or <br /> design for the driveway is possible, <br /> as determined by the Directors of <br /> Planning and Environment and <br /> Engineering. <br /> (h) The bufferyard requirements of Chapter 35, <br /> Article I, Planned Development District, are <br /> adopted in their entirety as part of this <br /> chapter. <br /> SECTION 4. That Section 14 1/2-7 of Chapter 14 1/2 of the <br /> Code of Ordinances of the City of San Marcos, Texas, is hereby <br /> amended to change words "Exception" and Exceptions" everywhere <br /> they appear therein to "Variance" and "Variances", <br /> respectively; and to insert the following after the first <br /> sentence of the first paragraph of said Section: <br /> Sec. 14 1/2-7. Variances. <br /> . .. <br /> In cases where retention of natural or existing <br /> trees in open space, setback, buffer areas or <br /> drainage ways would create unusual hardship or <br /> unusual development problems, planted trees may be <br /> required in lieu of retention. The Director of <br /> Planning shall advise the Zoning commission when <br /> such hardship or development problem exists and may <br /> recommend that certain areas be replanted with <br /> trees in lieu of preserving existing trees. If the <br /> Zoning Commission grants a variance to the retention <br /> of natural existing trees in open space, setback, <br /> buffer areas, or drainage ways, it shall approve a <br /> plan, which shall be submitted by the applicant for <br /> review, for replanting in lieu of preserving <br /> existing trees. <br /> SECTION 5. That this Ordinance shall be in effect ten <br /> (10) days from and after its passage, and it shall be <br /> published in a newspaper of general circulation in the area as <br /> required by the Charter of the City of San Marcos, Texas. <br /> PASSED AND APPROVED on first reading July 8, 1985. <br /> PASSED AND APPROVED on second reading July 22, 1985. <br /> PASSED, APPROVED AND ADOPTED July 29, 1985. <br /> Emmie Craddock <br /> Mayor <br />