All ordinances in conflict with this article are repealed to the extent they are in conflict. Any remaining portions of said ordinances shall remain in full force and effect.
(Ordinance 01-03-25, sec. 2, adopted 3/20/01)
This article applies to real property that does not have a pending or approved final plat by the city council as of the effective date of Ordinance No. 01-03-25, adopted on March 20, 2001.
(Ordinance 01-03-25, sec. 3, adopted 3/20/01)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
as used herein shall have the same meaning as set forth in the city's Subdivision Regulation Ordinance 94-08-19, as it exists or may be amended.
as used herein shall mean the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than a designed height. Floodway refers to the floodway resulting from a 100-year flood event based on ultimate development conditions.
as used herein shall have the same meaning as set forth in the city's Zoning Ordinance No. 00-11-01, as it exists or may be amended.
as used herein shall have the same meaning as set forth in the city's Subdivision Regulation Ordinance 94-08-19, as it exists or may be amended.
as used herein shall have the same meaning as set forth in the city's Zoning Ordinance No. 00-11-01, as it exists or may be amended.
shall mean plant material except, landscaping and agricultural production of row crops and hay production intended for livestock consumption.
(Ordinance 01-03-25, sec. 4, adopted 3/20/01)
(a)
Removal of tree and/or other vegetation by, including but not limited to, the use of poison, chemicals or by any other acts that affect the health and/or life of the tree and/or other vegetation is subject to this article.
(b)
A grading permit or letter of approval from the city manager, or his designee, is required for removal of any trees and/or other vegetation in the base floodplain and/or floodway (the "permit/letter").
(Ordinance 01-03-25, sec. 5, adopted 3/20/01)
(a)
A permit/letter shall be required to remove any tree and/or other vegetation, except that the city manager, or his designee, must authorize, in writing, removal of any tree and/or other vegetation provided the tree and/or other vegetation:
(1)
Is determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety;
(2)
Hinders or obstructs the construction, maintenance, repair and/or replacement of the city's streets, water and sewer lines and drainage and storm sewer;
(3)
Is located in any right-of-way and/or easement dedicated to and accepted by the city;
(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 stormwater runoff and thoroughfares pursuant to the city'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 storm, flooding or other acts of nature.
(b)
Agricultural crop harvesting of planting row crops, hay production and grazing of livestock are excepted from this article. However, any property that is increased and/or expanded, after the effective date of the ordinance from which this article is derived, for agricultural use and/or production, by removal of tree and/or vegetation, is subject to this article.
(c)
Landscaping is also excepted from this article.
(Ordinance 01-03-25, sec. 6, adopted 3/20/01)
(a)
Any person, firm, corporation or business entity violating this article, or as amended, or any provision of this article, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined as follows:
(1)
Each individual tree removed in violation of this article shall constitute a separate offense. Fines shall be based on the following: $300.00 per caliper inch of each tree as measured four feet, six inches above the grade or soil stain on the damaged or fallen tree.
(2)
Each individual 100 square feet, or less, of vegetation removed in violation of this article shall constitute a separate offense. Fines shall be based on the following: 300.00 for each 100 square feet, or less, of vegetation that has been removed.
(b)
No fine for any offense committed in violation of this article shall exceed $2,000.00.
(c)
The penal provisions imposed under this article shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to its pursuant to local, state and federal law. This article is intended to provide for the preservation of all trees and/or all other vegetation within the floodplain and/or floodway, including but not limited to, major creeks, tributaries and other watercourses that enable the discharge of the base floodplain.
(d)
Fines shall be issued to the property owner as shown on the certified tax roll on the date of the violation. The contractor, subcontractor, contracting company, and/or individual committing the violation is also subject to the same fines as the property owner.
(e)
Property companies, contracting companies, and/or individuals in violation of this article will be halted on the site where trees and/or other vegetation have been removed until the city manager and/or his designee have made an assessment.
(Ordinance 01-03-25, sec. 7, adopted 3/20/01)
An appeal for relief from the regulation set forth in section 42-159 herein may be made to and shall be considered by the city council. An appeal must be submitted in writing and shall be made within five days from the denial of the permit/letter. The appellant has the burden of proof to establish, by clear and convincing evidence, that the regulation set forth in section 42-159 herein does not meet constitutional guarantees and/or statutory requirements. If the appellant meets its burden of proof, the city council shall have the right to grant relief from the regulation set forth in section 42-159 herein. The decision of the city council is final.
(Ordinance 01-03-25, sec. 8, adopted 3/20/01)