17-74 O - Amending Section 2.4 of Zoning Ordinance regarding Landscaping Maintenance, Z17-0011 TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-74
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING THE TOWN'S ZONING ORDINANCE
-- BY AMENDING SECTION 2.4, "MAINTENANCE," OF SECTION 2,
"LANDSCAPING," OF CHAPTER 4, "DEVELOPMENT
REQUIREMENTS," BY ADDING THERETO A NEW SUBSECTION (B);
PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, after public notice and public hearing as required by law, the Planning
and Zoning Commission of the Town of Prosper, Texas, has recommended amending the
Town's Zoning Ordinance to encompass those amendments as set forth herein; and
WHEREAS, after public notice and public hearing as required by law, and upon
due deliberation and consideration of the recommendation of said Planning and Zoning
Commission, and of all testimony and information submitted during said public hearing,
the Town Council of the Town of Prosper, Texas, has determined that it is in the public's
best interest and in furtherance of the health, safety, morals, and general welfare of the
citizens of the Town to amend the Town's Zoning Ordinance as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and
factual findings of the Town of Prosper, and they are hereby approved and incorporated
into the body of this Ordinance as if restated herein in their entirety.
SECTION 2
From and after the effective date of this Ordinance, existing Section 2.4,
"Maintenance," of Section 2, "Landscaping," of Chapter 4, "Development Requirements,"
of the Town's Zoning Ordinance, is hereby amended to read as follows:
"2.4 MAINTENANCE
A. The owner, tenant and/or their agent, if any, shall be jointly and severally
responsible for the maintenance of all landscaping required by this Ordinance. All
plant material shall be perpetually maintained in a healthy and growing condition
as is appropriate for the season of the year. Plant materials that die shall be
replaced by property owner, tenant or agent with plant material of similar variety
and size, within thirty (30) days of notification by the Town or a date approved by
the Town.
B. All trees located on Town Property shall be cared for by the Town unless that
responsibility is transferred to another entity through a Council-approved
agreement. The Director of the Parks and Recreation Department shall ensure
that the Town, or its contractor, monitors and cares for trees in a way that promotes
a healthy and growing urban forest, is performed according to ANSI A300,
"Standards for Tree Care Operations," and tree care best management practices
published by the International Society of Arboriculture. It shall be unlawful to
remove, prune, damage or otherwise harm trees on Town property without
-- permission from the Director of the Parks and Recreation Department. The Parks
and Recreation Department shall be responsible for developing and updating an
annual work plan. This work plan shall document what maintenance activities are
being performed and scheduled each year. The Parks and Recreation Board may
appoint an advisory committee to focus on issues and initiatives that pertain to any
Urban Forest that is located on public lands."
SECTION 3
Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force
and effect_ The Town hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or
invalid.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed
to the extent they are in conflict, and any remaining portions of said ordinances shall
remain in full force and effect.
SECTION 5
Any person, firm or corporation violating any of the provisions or terms of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be
punished by fine not to exceed the sum of two thousand dollars ($2,000.00) for each
offense.
SECTION 6
This Ordinance shall become effective from and after its adoption and publication
as required by law; however, the provisions of this Ordinance shall not be applicable to
any residential development or tract of land for which one or more final plats has been
approved by the Town as of the effective date of this Ordinance.
Ordinance No. 17-74, Page 2
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF
THE TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF SEPTEMBER, 2017.
Ray Smith, Mayor
ATTEST:
Robyn Batt ,Town Secretary`s �� /.
APPROVED AS TO FORM AND LEGALITY: o
o
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Terrence S. Welch, Town Attorney
Ordinance No. 17-74, Page 3