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HomeMy WebLinkAbout2833-FailedOrdinance No. 2833 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, RE-ENACTING AND EXTENDING FOR THREE (3) MONTHS ORDINANCE 2799, INTERIM STANDARDS FOR TREE CLEARING AND PLANTING WHEREAS, the City Council on February 25, 2002, adopted Ordinance 2799 establishing interim tree clearing and planting standards to maintain the status quo while the city prepared draft development regulations and conducted the necessary public review process for adopting such tree preservation regulations; and WHEREAS, the City Council on March 25, 2002, held a public hearing concerning Ordinance 2799; and WHEREAS, the City Council authorizedthe creation of a citizen's advisory group to assist in the development and public review of a comprehensive tree preservation ordinance; and WHEREAS, the citizen's advisory group includes individuals representing the following groups: Jefferson County Realtors, Jefferson County Homebuilder's Association, Jefferson Land Trust, a tree service professional, Department of Natural Resources forester, a retired Forest Service staff officer, retired Forest Service soil scientist, and a native tree and seed specialist; and WHEREAS, the citizens advisory group has completed its work and forwarded a package of draft ordinances to the Planning Commission for consideration and review; and WHEREAS, on February 4, 2003, the City completed SEPA environmental review on the comprehensive tree preservation ordinance; and WHEREAS, RCW 76.09.240 requires cities and counties to adopt ordinances setting standards for Class IV Forest Practice activities; and WHEREAS, the City Council on August 22, 2002, adopted Ordinance 2815 re- enacting and extending for six (6) months Ordinance 2799 Interim Standards for Tree Clearing and Planting; and WHEREAS, the City Council on January 21, 2003, adopted Ordinance 2829 re- enacting and extending for six (6) months Ordinance 2799 Interim Standards for Tree Clearing and Planting; and WHEREAS, the City Planning Commission has conducted three public workshops on the draft ordinances, has scheduled a public hearing for July 31, 2003 and Page 1 Ordinance 2833 is expected to complete its review and forward a recommendation to the City Council by mid-August; and WHEREAS, the City Council finds that re-enactment and extension of Ordinance 2799 and the interim tree clearing and planting standards is necessary to allow time for completion of an ordinance that implements the requirement on cities to adopt ordinances setting standards for Class IV Forest Practices activities, and which protect the health and welfare of the City's residents; and WHEREAS, the standards and procedures contained in Ordinance 2799 for interim tree protection should be re-enacted and extended, for an additional three months (or lesser period of time if the Council determines to adopt a final ordinance or repeal the interim standards and procedures) to allow completion and consideration to the adoption of a comprehensive tree preservation ordinance, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: SECTION 1. Ordinance 2799 adopted February 25, 2002, is hereby re-enacted and adopted by reference as if fully set forth herein and extended for a period of three (3) months from the date this Ordinance is passed, provided that upon the effective date of a final ordinance providing standards for tree clearing and planting, or the repeal the interim standards and procedures, this Ordinance shall terminate. SECTION 2. SEVER_ABILITY. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction such invalidity or unconstitutionality shall not affect the validity or constitutionality of this Ordinance as a whole, or any other section, provision, or part thereof not adjudicated to be invalid or unconstitutional and its application to other persons or circumstances shall not be affected. SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this fourth day of August 2003. Attest: Kees Kolff, Mayor Approved as to Form: Pamela Kolacy, CMC, City Clerk John P. Watts, City Attorney Page 2 Ordinance 2833