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
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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
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