Ord 2013-004/Adopting Fees-in-Lieu of preserving protected and Heritage Trees for SmartCode Projects

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ORDINANCE NO, 2013-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, ADOPTING FEES -IN -LIEU OF PRESERVING PROTECTED AND HERITAGE TREES FOR SMARTCODE PROJECTS AT THE RATE OF $150 PER CALIPER INCH FOR PROTECTED TREES AND AT THE RATE OF $300 PER CALIPER INCH FOR HERITAGE TREES; RESTATING ZONING REVIEW FEES, SUBDIVISION REVIEW FEES, SITE FEES, LICENSING FEES AND BUILDING FEES PREVIOUSLY ADOPTED BY ORDINANCE NO. 2012 -35 AND ORDINANCE NO. 2012 -38; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF ANY CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. The City Council hereby finds that zero lot line building regulations applicable to SmartCode zoned property can make it difficult or impossible to avoid removal of protected and heritage trees on building sites. 2. The impact of removing protected and heritage trees in order to allow SmartCode development to occur can be minimized by requiring developers to pay afee -in -lieu of preserving such trees at the rate of $150 per caliper inch for protected trees and $300 per caliper inch for heritage trees. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The City Council hereby adopts the revised schedule of Zoning Review Fees, Subdivision Review Fees, Site Fees (including fees -in -lieu of preserving protected and heritage trees in SmartCode zoned areas) and Building Fees attached to this ordinance as Exhibit "A ". Except for the addition of fees -in -lieu of tree preservation, the schedule of fees attached as Exhibit "A" is a restatement of fees previously approved by Ordinance No. 2012-35 and Ordinance No. 2012 -38 and is provided for the convenience of the city's development staff and the public. SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. To the extent the provisions of any ordinance provide for establishment of a fee or fees by resolution of the City Council, such provisions are superseded by this ordinance and the fees as adopted in this ordinance shall govern. SECTION 4. This ordinance will take effect immediately after its passage, approval and adoption on second reading. PASSED AND APPROVED on first reading on February 5, 2013.