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G-96-11-26-13C - 11/26/1996ORDINANCE NO. —' �-� I �o- AN ORDINANCE AMENDING CHAPTER 3, CODE OF ORDINANCES, CITY OF ROUND ROCK, TEXAS, BY AMENDING §3.1101 TO DEFINE "REGISTERED LANDSCAPE ARCHITECT"; AMENDING §3.1103(i) TO CHANGE THE TERM "LANDSCAPE ARCHITECT" TO "REGISTERED LANDSCAPE ARCHITECT"; ADDING A NEW §3.1108 PROVIDING FOR A CASH PAYMENT IN LIEU OF REPLACEMENT OF PROTECTED TREES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. Chapter 3, § 3.1101, Code of Ordinances, City of Round Rock, Texas, is hereby amended to re -number the existing subsection (10) to (11) and to add a new subsection (10), which shall read as follows: (10) Registered Landscape Architect shall mean an individual currently registered or licensed by the State of Texas to practice landscape architecture. (11) Owner shall mean the person who has legal title to the property or a lessee, agent, employee or other person acting on behalf of the titleholder with authorization to do so. II. Chapter 3, §3.1103(i), Code of Ordinances, City of Round Rock, Texas, is hereby amended to read as follows: (i) The certification of an architect, Registered Landscape Architect, engineer, or the certification of a licensed nurseryman that the plans satisfy the requirements of this section. Provided however, that for a commondevelopment or project as referred to in subsection 3.1102(2) above, which is greater than two (2) acres in size, such plans and certification shall be made by an architect or Registered Landscape Architect only. K:\WPDOCS\ORDINANC\OR61126C.2WP/sls Chapter 3, Code of Ordinances, City of Round Rock, Texas, is hereby amended by adding a new §3.1108, which shall read as follows: 3.1108 CASH PAYMENT IN LIEU OF REPLACING PROTECTED TREES (1) If a Registered Landscape Architect, approved in advance by the Director of Planning and Community Development, certifies in writing that a site will not support replacement trees for removed protected trees as required by §3.1107 above, then the owner/developer of the tract will be allowed to make a cash payment to the City in lieu of the replacement of protected trees on said site. (2) The amount of the aforesaid cash payment shall be determined by the Director of Planning and Community Development, based in part on the recommendation of the Registered Landscape Architect. The determination of the cash payment shall be based on the replacement and installation costs of the same species of tree(s) as the protected tree(s) to be removed, in accordance with § 3.1107, plus twenty percent (20%) for the installation of irrigation and for maintenance (3) The aforesaid cash payments shall be delivered to the Director of Planning and Community Development and forwarded to the Director of Finance. The Director of Finance shall deposit five percent (5 %) of said payments to the General Fund of the City and the remaining ninety-five percent (95 %) of said payments shall be deposited into a separate special fund to be utilized solely for landscaping and irrigation projects on publicly owned lands or rights -of -ways within the City. IV. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. 2 of th READ, PASSED, and ADOPTED on first readinga6 this day , 1996. Alternative 2. READ and APPROVED on first reading this the day of , 1996. READ, APPROVED and ADOPTED on second reading this the day of , 1996. ATTEST: E LAND, City Secretary CHARLES CULP PP R, Mayor City of Round Rock, Texas 3 Date: November 22, 1996 Subject: City Council Meeting November 26, 1996 Item: 13.C. Consider an ordinance amending the Landscape Ordinance. (First Reading) (Withdrawn 11/7/96) Staff Resource Person: Joe Vining Staff Recommendation: Approval The Landscape ordinance is being revised by providing a definition for a registered landscape architect and adding a new section that provides for a cash payment in lieu of replacement of protected trees in certain situations.