Laserfiche WebLink
<br />4. All applicable requirements of Chapters 211 and 212 of the Texas Local Government <br />Code pertaining to subdivision and zoning ordinance amendments have been met, and the City <br />Council fmds and determines that the adoption of this ordinance is in the interest of the public <br />health, morals, welfare and safety. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />SECTION 1. Section 5.5.2.2(1) and (g) of the City Land Development Code are amended as <br />follows (underlining indicates added text; overstrike indicates deleted text): <br /> <br />(f) Removing Tree(s) From Development Site(s). The removal of an existing tree(s) <br />from a development site must be in accordance with this and all other applicable <br />ordinances of the City. Prior to the removal of any protected or specimen tree, as <br />defined within this section, the property owner must first submit a letter to the <br />Planning Director that describes in detail which tree( s) will be removed (as shown on <br />a Site Preparation Permit or Watershed Protection Plan, Phase 2, as applicable), how <br />the removal will be performed (and machinery and equipment needed), and the date <br />and time when whereupon the anticipated removal will occur. If a specimen or <br />protected tree proposed for removal is not within a building footprint or within 10 <br />feet of a building footprint, within the area over the septic system, within an area <br />necessary for reasonable site access, or within an area designated for the construction <br />or installation of public facilities such as streets or utilities, +!he letter must also <br />include a notarized statement by the owner that the tree(s) to be removed is (are) <br />either not a protected or specimen tree( s), as defined within this section, or that its <br />(their) removal will be in complete conformance with the provisions ofthis section, <br />and the letter must be accompanied by. The letter must also include a <br />recommendation for removal from a certified arborist or registered landscape <br />architect. Said The letter must be submitted at least one week in advance of the <br />removal operation. <br /> <br />(g) Trees Within the Building Footprint or Within Site Access Areas. <br /> <br />(1) Trees over nine inches in caliper but less than 24 inches in caliper that are located <br />within a building footprint or,.--aaG within 10 feet of the perimeter of: the ~ <br />building footprint, within the area over the septic system tank, or within areas <br />necessary for reasonable site access (but not including parking areas), such as a <br />driveway, shall not be required to be preserved or replaced. <br /> <br />(2) Trees over nine inches in caliper but less than 24 inches in caliper that are located <br />within areas designated for the construction or installation of public facilities <br />such as streets or utilities, shall not be required to be preserved or replaced. <br /> <br />(3) Trees over nine inches in caliper but less than 24 inches in caliper that are not <br />located within a building footprint or,and within lO feet of the perimet-er of, the ~ <br />building footprint, within the area over the septic system tank, within areas <br /> <br />2 <br />