18-23 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-23
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING THE TOWN'S ZONING ORDINANCE
BY AMENDING SUBSECTION 2.2 OF SECTION 2, "DEFINITIONS," OF
CHAPTER 3, "PERMITTED USES AND DEFINITIONS", 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, the term and associated
definition of "Tree, Protected" contained in existing Subsection 2.2 of Section 2,
"Definitions," of Chapter 3, "Permitted Uses and Definitions," of the Town's Zoning
Ordinance, as amended, is hereby amended in its entirety to read as follows:
Tree, Protected - 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, six inches (6") or larger in diameter when
measured at a point four and one-half feet (4'/z') above the ground level
and which normally attains a height of at least twelve feet (12') at maturity,
and located within a 100 -year floodplain.
• Any tree, except those species listed below, six inches (6") or larger in
diameter when measured at a point four and one-half feet (4'/z') above the
ground level and which normally attains a height of at least twelve feet (12')
at maturity, and located outside of the 100 -year floodplain.
• Any protected tree forty inches (40") or larger in diameter when measured
at a point four and one-half feet (4 '/z') above ground level and which
normally attains a height of least twelve feet (12') at maturity; or any tree
deemed to be of historical significance
The following trees shall not be included in the above definition of Protected
Trees:
Silver Leaf Maple
Hackberry, Texas Sugarberry
Honey Locust
Bois d' Arc
Mimosa
Mulberry
White Poplar
Cottonwood
Mesquite
Willow
Acer saccharinum
Celtis laevigata
Gleditsia triacanthos
Maclura pomifera
Mimosa sp.
Morus rubra
Poplus alba
Populus deltoides
Prosopis glandulosa
Willow sp."
SECTION 3
From and after the effective date of this Ordinance, the term and associated
definition of "Trees, Stand of" contained within existing Subsection 2.2 of Section 2,
"Definitions," of Chapter 3, "Permitted Uses and Definitions," of the Town's Zoning
Ordinance, as amended, is hereby repealed in its entirety.
SECTION 4
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.
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 6
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 ($2,000.00) for each offense.
Ordinance No. 18-23, Page 2
SECTION 7
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.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF
THE TOWN OF PROP R TEXAS, ON THIS 27TH DAY OF MARCH, 2018.
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Ray Smith, M yor
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APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 18-23, Page 3