18-11 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-11
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING THE TOWN'S ZONING ORDINANCE
BY REPEALING EXISTING SECTION 3, "TREE MITIGATION," OF
CHAPTER 4, "DEVELOPMENT REQUIREMENTS," AND REPLACING
IT WITH A NEW SECTION 3, "TREE MITIGATION," OF CHAPTER 4,
"DEVELOPMENT REQUIREMENTS"; 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 3, "Tree
Mitigation," of Chapter 4, "Development Requirements," of the Town's Zoning Ordinance,
as amended, is hereby repealed in its entirety and replaced with a new Section 3, "Tree
Mitigation," of Chapter 4, "Development Requirements," to read as follows:
"SECTION 3
TREE MITIGATION
3.1 PURPOSE:
The purpose of this Section is to promote site planning which furthers the
preservation of mature trees and natural areas; to protect trees during
construction; to facilitate site design and construction which contribute to the long-
term viability of existing trees; and to control the removal of trees when necessary.
It is the further purpose of this Section to achieve the following broader objectives:
A. Prohibit the indiscriminate clearing of property.
B. Protect and increase the value of residential and commercial properties
within the Town.
C. Maintain and enhance a positive image for the attraction of new residences
and business enterprises to the Town.
D. Protect healthy quality trees and promote the natural ecological
environmental and aesthetic qualities of the Town.
E. To reduce the erosive effects of rainfall.
3.2 SCOPE:
The scope of this Section includes the removal and/or transplanting of any tree
and mitigation for the removal of Protected Trees. A permit approved by the
Director of Development Services or his/her designee is required before removing
and/or transplanting any tree and mitigation for the removal of Protected Trees.
3.3 DEFINITIONS:
A. Protected Tree -- A tree that is determined to be healthy by the Director
of Development Services, or his/her designee, and meets one of the
following requirements:
Any tree, regardless of species, within a 100 -year floodplain, six
inches (6") or larger in diameter when measured at a point four and
one-half feet (4'/2') above the ground level and which normally
attains a height of at least twelve feet (12') at maturity.
Any tree outside of the floodplain, except those listed below, six
inches (6") or larger in diameter when measured at a point four and
one-half feet (4%2') above the ground level and which normally
attains a height of at least twelve feet (12') at maturity.
B. Historic Tree - Any protected tree forty inches (40") or larger in diameter
when measured at a point four and one-half feet (4'/2') above the ground
level and which normally attains a height of at least twelve feet (12') at
maturity; or any tree deemed to be of historical significance.
C. Unprotected Trees - The following trees shall not be included in the above
definition of Protected Trees:
Silver Leaf Maple
Acer saccharinum
Hackber , Texas Su arber
Celtis laevi ata Celtis occidentalis
Honey locust
Gleditsia triacanthos
Bois d'Arc
Maclura pomifera
Mimosa
Mimosas .
Red Mulberry
Morus rubra
White Poplar
Poplus alba
Ordinance No. 18-11, Page 2
3.4
3.5
Cottonwood
Mesquite
Willow
TREE PERMIT:
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ProsoK
Willow
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A Tree Permit shall be required for the transplanting and/or removal of all trees
within the Town of Prosper, regardless of size or species, except for trees located
on a single-family or two-family lot contained within a plat of record, and as
otherwise described in Chapter 4, Section 3.4 below.
A. Application for Tree Permit. An application for a Tree Permit may be
submitted at any time and is not required to be submitted in conjunction
with development plans, final plat or a building permit. Tree Permits shall
be obtained by making application to the Director of Development Services,
or his/her designee. The application must include a letter signed by the
property owner allowing the Town access to the property for verification of
all survey information. The application shall also be accompanied by a
written document indicating the reasons for transplanting and/or removal
of Protected Trees and two (2) copies of a legible site or planting plan, and
a detailed Tree survey and preservation plan if required in Chapter 4,
Section 3.10.
B. Review of Application for Tree Permit. Upon receipt of a proper
application for a Tree Permit, the Director of Development Services or
his/her designee shall review the application and may conduct field
inspections of the site or development and/or refer the permit application
to other departments for review and recommendations as deemed
necessary and appropriate by the Town. Protected Trees may not be
removed or transplanted unless the Director of Development Services or
his/her designee approves the Tree Permit. The Director of Development
Services or his/her designee shall act on a tree permit application within
ten (10) business days of its submittal. If action has not been taken within
this specified time frame, the application shall be deemed approved.
C. Historic Tree Preservation. No tree removal permit may be issued for a
historic tree unless the owner establishes that preserving the historic tree
constitutes an unreasonable financial hardship on the owner. Appeals from
this determination shall be to the Town Council.
EXCEPTIONS:
A. A Tree Permit shall be required to remove and/or transplant a Protected
Tree, except for a Protected Tree located on a single-family or two-family
lot contained within a plat of record and having a Certificate of Occupancy.
The Director of Development Services or his/her designee may authorize,
in writing, removal of a Protected Tree provided that the Protected Tree:
is determined to be in a hazardous or dangerous condition so as to
endanger the public health, welfare or safety;
Ordinance No. 18-11, Page 3
2. hinders or obstructs the construction, maintenance, repair, and/or
replacement of Town streets, water and sewer lines, and drainage
and storm sewer;
3. is located in any major thoroughfare right-of-way dedicated to and
accepted by the Town. This does not include trees being removed
for proposed neighborhood streets, driveways, right and left turn
lanes, and/or median openings. Removal of these trees shall
require a permit and mitigation at a rate of fifty percent (50%) of the
mitigation requirements contained in Chapter 4, Section 3.5(E) of
this Ordinance;
4. hinders or obstructs the construction, repair, maintenance, and/or
replacement of public improvement projects including, but not
limited to, major collection lines for sanitary sewer, distribution lines
for water, collection and management of storm water runoff and
thoroughfares pursuant to the Town's Capital Improvement Project,
Water and Sanitary Distribution Line Maps and/or Thoroughfare
Plan; or
5. is damaged or killed by a tornado, ice or wind storms, flooding or
other acts of nature.
6. A tree that is determined to be diseased or dead by a certified
arborist or landscape architect, regardless of species or size.
B. All retail, commercial, and wholesale nurseries are exempt from the terms
and provisions of this Section 3 in relation to those Trees planted and
growing on the premises of said business and that are planted and growing
for the sale or intended sale in the ordinary course of business only.
C. Utility companies franchised by the Town in easements or rights-of-way
accepted by the Town or otherwise authorized to provide utility service may
remove Protected Tree(s) that endanger public safety and welfare by
interfering with utility service. Any trimming and/or removal of Protected
Tree(s) by a utility company requires prior written approval from the
Director of Development Services or his/her designee, except in the case
of emergency repairs. A utility company shall notify the Director of
Development Services or his/her designee of any trimming and/or removal
of Protected Trees done while making emergency repairs on the first
business day following the emergency.
D. The mowing and clearing of brush located within or under the drip lines of
Protected Trees is allowed, provided such mowing or clearing is
accomplished by hand or by mechanical mowers with turf tires.
E. Developments that have submitted a preliminary plat for residential
development or a final plat for nonresidential development prior to the
effective date of this Ordinance shall be exempt from this Ordinance.
Ordinance No. 18-11, Page 4
F. The removal of trees for the development or redevelopment of golf courses
and pedestrian trails shall require a permit and mitigation at a rate of fifty
percent (50%) of the mitigation requirements contained in Chapter 4,
Section 3.5(E) of this Ordinance.
G. Agricultural users can remove Protected Tree(s) for agricultural production
with prior written permission from the Director of Development Services or
his/her designee. A Protected Tree inventory summary is required to list
Tree(s) removed and preserved. Replacement requirements of Protected
Tree(s) being removed for agricultural production will be prorated equally
over a period of ten (10) years. Should the property be developed prior to
the full ten (10) years the remainder of required trees shall be planted on
the property in addition to the required trees.
H. A tree located on a common property line may not be removed without first
obtaining a Tree Permit. Each of the affected property owners must
request the Tree Permit. A single request may be submitted if it is signed
by each of the affected property owners.
3.6 MITIGATION FOR TREES REMOVED:
A. It shall be the responsibility of any person obtaining a Tree Permit for the
removal of Protected Trees to provide Replacement Tree(s) having a total
diameter of inches equivalent to the percentage rates set forth in Chapter
4, Section 3.7(A). The Diameter for Replacement Trees shall be measured
as follows:
For single -trunk trees, the width shall be measured at four and one
half feet (4'/2') above ground level.
2. For multi -trunk trees, combine the diameter of largest stem or trunk
with one-half of the diameter of each additional stem or trunk, all
measured at four and one-half feet (4'/z') above ground level. An
example: If an eight inch (8') Protected Tree in the flood plain is
removed that tree must be replaced at one hundred fifty percent
(150%) by trees with a total caliper width of twelve inches (12").
This total caliper width could be satisfied by one (1) twelve inch
(12") caliper replacement tree, or two (2) six inch (6") caliper width
replacement trees, or any other combination providing a total
caliper width of twelve inches (12") using a minimum width of three
inches (3").
B. Should a transplanted tree die, it shall be removed and replacement trees
shall be planted at a rate of one hundred percent (100%) of the caliper
inches of the transplanted tree(s).
C. If any tree, which was preserved and used as a credit toward mitigation
requirements is later removed for any reason, it shall be replaced by the
number of trees for which it was originally credited. Replacement trees shall
have a minimum trunk diameter of three inches (3") measured six inches
(6") above the ground.
Ordinance No. 18-11, Page 5
D. If any Replacement Tree cannot be properly located on the property being
developed or redeveloped, the applicant may plant these Replacement
Tree(s) on property owned by the Town and/or common open space and/or
pay a fee, as approved by the Director of Development Services, or his/her
designee. The cash value of Replacement Trees will be set by the Director
of Development Services, or his/her designee, annually.
E. The person(s) or entity responsible for the developing and or redeveloping
property that causes or results in the removal of existing Tree(s) in
proposed driveways, right turn lanes, and/or in proposed median openings,
shall plant Replacement Tree(s) at a rate of one hundred percent (100%)
of the total diameter of the Tree(s) being removed. The Replacement
Tree(s) will be planted on public property according to a written plan
approved by the Director of Development Services or his/her designee.
3.7 REPLACEMENT REQUIREMENTS
A. Removal of Protected Trees- Protected Trees shall be replaced by planting
trees on the property equal to the total caliper inches as calculated using
the following replacement rate:
*All existing tree measurements are in caliper inches as measured four and one-half feet (4'/2') above
the natural ground level.
** All replacement tree measurements are in caliper inches as measured twelve inches (12") above
natural ground level.
B. Transplanted Trees- Protected Trees on a property may be transplanted to
another location on the same property without being subject to the above
replacement rates.
C. Tree Credits - If any protected tree is preserved within an area that would
otherwise be considered a buildable area, credit for preservation shall be
Ordinance No. 18-11, Page 6
Percentage of Replacement
Size of Tree
caliper inches
Less than 6" unprotected
0
611-1211
150
Within 100 -year flood
plain
:-
Greater than 12" - 24"
-
200
Greater than 24" - 40"
300
Greater than 40" Historic
Town Council approval and 400
Less than 6" (unprotected)
0
6"-12"
100
Outside of 100 -year
flood plain
Greater than 12" - 24"
150
Greater than 24" - 40"
300
Greater than 40" Historic
Town Council approval and 400
*All existing tree measurements are in caliper inches as measured four and one-half feet (4'/2') above
the natural ground level.
** All replacement tree measurements are in caliper inches as measured twelve inches (12") above
natural ground level.
B. Transplanted Trees- Protected Trees on a property may be transplanted to
another location on the same property without being subject to the above
replacement rates.
C. Tree Credits - If any protected tree is preserved within an area that would
otherwise be considered a buildable area, credit for preservation shall be
Ordinance No. 18-11, Page 6
given that will be counted toward the mitigation requirements for the
removal of protected trees within the buildable area on a site or project.
Such mitigation credits shall be given only for those trees whose critical
root zones are left predominately in their natural state. No cutting, filling, or
other construction related activities are allowed within the critical root zones
of trees eligible for mitigation credit unless otherwise approved in writing
and in advance by the Town. Following is a list of credits available for the
preservation of protected trees on a site or project. Tree Credits will be
awarded using the following table:
Caliper Size Tree
611-1211
>12"-18"
> 18"-24"
>24"
Positive Credits*
1
3
4
5
*(1 credit is equal to one 3" caliper tree. Healthy, protected trees only.)
D. Any tree that is preserved and receives positive credit towards mitigation is
exempt from being used to fulfil required landscaping as described in
Chapter 4 Section 2 of this Ordinance.
E. Any tree preserved within a floodplain is exempt from receiving positive
credit towards mitigation.
3.8 TRANSPLANTING PROTECTED TREES:
No person(s) or entity, directly or indirectly, shall replant, relocate, transfer or move
from one location to another any Protected Tree within the Town without first
obtaining a Tree Permit as provided in Chapter 4, Section 3.4. All Transplanting
shall be in accordance with the applicable Texas Association of Nurserymen
Grades and Standards shall satisfy the Tree replanting requirements of this
Section.
3.9 TREE PROTECTION MEASURES:
Prior to construction, the contractor or subcontractor shall construct and maintain,
for each protected tree on a construction site, a protective fence and where
necessary, bark protection (See Diagram A). All protective measures shall be in
place prior to commencement of any site work and remain in place until all exterior
work has been completed.
During any construction or land development, the developer shall clearly mark all
trees to be maintained. The developer shall not allow the movement of heavy
equipment or the storage of equipment, materials, debris, or fill to be placed within
the drip line of any trees. This is not intended to prohibit the normal construction
required within parking lots. All Protected Tree(s) shall be protected by the owner
as follows, unless otherwise directed by the Director of Development Services or
his/her designee:
A. Before Development or Redevelopment the owner shall install a minimum
three foot (3') tall protective barricade made of wood, fencing or solid
Ordinance No. 18-11, Page 7
material. These barricades will be installed a minimum of ten feet (10') from
protected trees or a minimum of two feet (2') outside the designated
protective root zone, whichever is the greater distance.
B. Vertical posts no less than three feet (3') in height and no more than six
feet (6') apart. Horizontal members consisting of wood no less than three
feet (3') above existing grade and securely attached to the vertical posts.
C. Before Development or Redevelopment the owner shall establish and
maintain a construction entrance that avoids Protected Trees.
D. During the construction stage of development, the developer shall not allow
cleaning of equipment or material under the canopy of any tree or group of
trees to remain, nor shall the developer allow the disposal of any waste
material such as, but not limited to, paint, oil, solvents, asphalt, concrete,
mortar, etc., under the canopy of any tree or groups of trees to remain. No
attachment or wires of any kind, other than those of a protective nature,
shall be attached to any tree.
E. No parking or storing of vehicles, equipment or materials allowed within the
protective root zone.
F. Attachments or wires are prohibited from being attached to any Protected
Tree. Cables, tree rods, and similar hardware installation that aid structural
integrity of a Protected Tree are exempt from this section as approved in
writing by the Director of Development Services or his/her designee.
G. Fill or excavation may not occur within the canopy or drip line of a Protected
Tree. Major changes of grade (i.e., three inches [3"] or greater) within the
canopy or drip line will require additional measures to maintain proper
oxygen and water exchange with the roots.
H. Unless otherwise approved in writing by the Town, construction or
construction -related activity is prohibited under the canopy or drip line of
Protected Trees.
Any trees removed shall be chipped and used for mulch on site or hauled
off-site. Burning of removed trees, stumps, or foliage requires written
approval by the Fire Department.
Root pruning will be required when disturbance will occur under the drip
line of protected Trees. This root pruning shall be completed a minimum of
two (2) weeks prior to any construction activity within the drip line.
K. All tree maintenance techniques shall be in conformance with industry
identified standards. Alternative maintenance techniques may be
approved by the Town.
L. No person(s) or entity may use improper or malicious maintenance or
pruning techniques which would likely lead to the death of the tree.
Improper or malicious techniques include, but are not limited to, topping or
Ordinance No. 18-11, Page 8
other unsymmetrical trimming of trees, trimming trees with a backhoe, or
use of fire or poison to cause the death of a tree.
Diagram
A
NM :
1. F MeN W MINTNN MDREPAWED
"REWIREDDURINGALLPN WOPDONBIRUCRON
2 NO DONWRUCTM TRAPPM, ORADWO, eTORAGE,
OR WAETE DIeP08AL ALLfINCD WIT W N FENDED
AREAE AROUND EXWMQ TREE.e.
EXISTING TREE
PROTECTION DETAIL
NOT TO SCALE
Ordinance No. 18-11, Page 9
3.10 TREE SURVEY AND PRESERVATION PLAN
A. Preliminary Plat and Preliminary Site Plans: A general survey identifying
natural vegetation, trees, and anticipated tree losses shall be submitted
with all preliminary plats for residential developments and all preliminary
site plans for non-residential and multi -family developments within the
Protected Area. The general tree survey can be included on the
preliminary plat or preliminary site plan. The general survey shall include:
existing topography at five foot (6) intervals;
2. vegetation groups;
3. development plans;
4. specific trees that are twenty inches (20") and larger; and
5. photographic information is to accompany submission with
sufficient data to convey which Trees are to remain as they
correspond to the general survey.
& Final Site Plans and Final Plats: A detailed tree survey and tree
preservation plan shall be submitted with all site plans and final plats. The
detailed tree survey and tree preservation plan shall include the following:
The location, diameter, height, and common name of all single -
trunk trees of six inches (6") diameter or greater, measured at four
and one-half feet (4%') above natural grade level, and at least
twelve feet (12') high; and all multi -trunk trees having a total caliper
width of six inches (6"), measured by combining the diameter of the
largest stem or branch with one-half ('/2) the diameter of each
additional stem or branch, all measured at four and one-half feet
(4'/2') above natural grade level, and at least twelve feet (12') high.
2. The location of the trunk and drip line, diameter, height, estimated
age (not to be determined using invasive measures which might
damage the tree), a reproducible color photograph, and common
name of the Protected Trees proposed to be removed or
transplanted.
3. Provide existing natural grade elevation and proposed final grade
elevation at each location for each Protected Tree for which a Tree
Permit is requested.
4. The location and dimensions of all existing or proposed public
streets, alleys, rights-of-way, and utility easements.
5. The location of all existing or proposed property lines, lot lines,
building lines, setback and yard requirements, any proposed
building footprint or floor plan, and other special relationships or
Ordinance No. 18-11, Page 10
significant features on the proposed development plans, final plat
and site plan of the development.
6. Existing and proposed site elevations, grades and major contours
including a table listing all Protected Trees and their respective
locations.
7. The information required herein shall be summarized in legend or
table form on the tree survey and note the reason for removal or
transplanting of the Protected Tree(s).
8. The survey shall bear the stamp or seal of a registered surveyor
relative to the location of any Protected Trees and shall bear the
stamp, seal, or signature of a registered landscape architect,
certified arborist, or arboriculturist relative to the specie(s) of any
Protected Tree.
9. A detail tree survey shall be prepared by or under the supervision
of a landscape architect, certified arborist, or certified forester. The
following shall be on the tree survey: "I, ,
being a landscape architect or arborist attest that the identification
and size of trees identified on this survey are correct and that all
Protected Trees have been shown. Signature:
Date:
10. A detailed survey is only required for areas that are intended to be
disturbed by the proposed development/redevelopment. A
boundary of the area to be included in a detailed survey will be
established with the approval of the general survey that is submitted
with the preliminary plat or preliminary site plan.
C. Field verification: Prior to written approval of the detailed tree survey and
tree preservation plan, the applicant shall mark all trees to be preserved
and notify (in writing) the Director of Development Services or his/her
designee of the marking. The Director of Development Services or his/her
designee shall inspect and verify the markings within seven (7) working
days of his/her receipt of applicants' notification. If the Director of
Development Services, or his/her designee, has not contacted the land
owner within ten (10) working days from the date of notification, the detailed
tree survey and tree preservation plan submitted by the applicant is
deemed approved.
D. Preparation: Prior to the preconstruction meeting or obtaining a grading
permit, all tree markings and protective fencing and standard erosion
control measures (i.e., silt fence) must be installed by the owner and be
inspected by the Director of Development Services or his/her designee.
Approved silt fence may serve as protective fencing and must remain in
place until the Town accepts the project. A stop work order will be issued
at any time if Tree preservation requirements are not being met.
Ordinance No. 18-11, Page 11
E. Final Inspections: The owner shall notify the Director of Development
Services or his/her designee for an inspection ten (10) working days prior
to receiving a Certificate of Occupancy. Any deficiencies or dead trees
shall be replaced prior to receiving the Certificate of Occupancy.
3.11 ENFORCEMENT
The Town Landscape Architect shall be authorized to approve tree
loss mitigation plans. The provisions of this section shall be enforced by the
Landscape Architect and Code Compliance Officer. The Landscape Architect shall
be an employee of the Town and certified as an arborist by the International
Society of Arboriculture (ISA) or registered as a landscape architect by the Texas
Board of Architectural Examine.
3.12 VIOLATIONS AND PENALTIES
A. Any person(s) or entity causing the transplanting or removing of a tree
without first obtaining an approved Tree Permit is in violation of this
Ordinance.
B. Each tree removed or transplanted without a permit shall constitute a
separate offence. Violation of this Ordinance shall not constitute an
exemption to the replacement requirements contained herein.
C. A person commits an offense if the person critically alters a protected tree
not meeting an exception listed in this section without first obtaining a tree
permit from the Town.
D. A person commits an offense if the person critically alters a tree in violation
of a tree permit.
E. Any person who violates this section by critically altering a protected tree
without first obtaining a tree permit from the Town, or by critically altering a
tree in violation of the permit, or by failing to follow the tree replacement
procedures, shall be guilty of a misdemeanor and upon conviction shall be
fined $100.00 per caliper inch of the tree critically altered, not to exceed
$500.00 per incident. The unlawful critical alteration of each protected tree
shall be considered a separate incident and each incident shall subject the
violator to the maximum penalty set forth herein for each tree.
F. Any person, firm, corporation, agent or employee thereof who violates any
provisions of this section other than those listed in above, shall be guilty of
a misdemeanor and upon conviction hereof shall be fined not to exceed
$500.00 for each incident. The unlawful critical alteration of each protected
tree shall be considered a separate incident and each incident subjects the
violator to the maximum penalty set forth herein for each tree.
G. Allegation and evidence of a culpable mental state is not required for the
proof of an offense defined by this section.
Ordinance No. 18-11, Page 12
H. Acceptance of improvements. The Town may refuse to accept any public
improvements until the person pays all penalties for violations of this
section; provided, however, that acceptance of public improvements shall
be authorized before all trees shall be replaced if, with the Director of
Development Services' approval, the person furnishes the Town with a
cash deposit or surety bond in the approximate amount of the cost to
replace the tree.
Certificate of occupancy. No certificate of occupancy (CO) shall be
issued until any and all penalties for violations of this section have been
paid to the Town. No CO shall be issued until all required replacement
trees have been planted or appropriate payments have been made to the
reforestation fund; provided, however, that a CO may be granted before
all trees have been replaced if, with the Director of Development Services'
approval, the person furnishes the Town with a cash deposit or surety
bond in the approximate amount of the cost to replace the tree."
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.
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 five hundred ($500.00) 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. 18-11, Page 13
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF
THE TOWN OF PROS�,�Ftjj&XAS, ON THIS 23RD DAY OF JANUARY, 2018.
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Ray Smitb, Mayor
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APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welch, Town Attorney
Ordinance No. 18-11, Page 14