Ordinance No. 404 - Beaux Arts Village

TOWN OF BEAUX ARTS VILLAGE
ORDINANCE NO. 404
AN ORDINANCE OF THE TOWN OF BEAUX ARTS VILLAGE, WASH]NGTON,
AMENDING THE TREE CODE BAV MC 16.25"130, CONSTRUCTIO}{ S]TE TREE
PROTECTION; PROVIDING FOR SEVERABILITY; AND ESTABLISHTNG AN
EFFECTIVE DATE
WHEREAS, on November 11, 2008, the Council passed Ordinance No. 36,1 (rthe Tree Code) to
adopt requirements for the protection of trees on private property in the town and allowing for
their orderly and limited removal under certain circumstances; and
WHEREAS, these regulations are codified in Chapter 16.25 of the Beaux Arts Villaee
Municipal Code; and
WHEREAS, the Town desires to amend BAV MC f6.25.130 regarding constr,uction site tree
protection; and
WHEREAS, the Town believes that the amendment better serves permit applicants; and
WHBREAS, the Planning Commission conducted a Public Hearing on June 20,2013 to gather
public input on the proposed amendments; and
WHEREAS; the Council conducted a second Public Hearing on July 9,20.13 to gather
additional public input on the proposed amendments; NOW, THEIi.EFORE,
BE IT ORDAINED BY THE COUNCIL OF'THE TOWN OF BEAUX AF|.TS VILLAGE.
WASHINGTON, AS FOLLOWS:
Section 1. Beaux Arts Village Municipal Code Chapter 16.25.l3},Cdnstruction Site'Iree
Protection, is hereby amended to read as follows:
16.25.130 Construction site tree protection.
(1) All protected trees on glIi_$g jffeAlgd
imppcted by Site dsvslsrpment or
construction must be protected during such activity. The property owne:r shall submit a
adi herwi Town risht-of-wa
ld trees on site. on
clearl)' on the permit documents. The town arborist shall be-eensulte*+sneeessar.r=+e
appropriate protection for such trees is provided.
de*ern+ine+he

Ordinance No. 404
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(3) A stop work order will be issued by the building official if site tree protection
guidelines are not followed.
Section 2. Beaux Arts V_illage Municipal Code Chapter 16.25 and,orrlinance 1\o. 361 as hereby
amended are hereby ratified and aonf,rrmed and continued in full force and effect.
Section 3' Validity' If any section, paragraph, clause, or phrase of this ordinance is fbr any
reason held to be unconstitutional or invalid, such decision shall not affect the .,zalidity of the
remaining portions of this ordinance. The Council hereby declares that it would have passed this
ordinance and each section, paragraph, subsection, clause or phrase thereofirrespective ofthe
fact that any one or more sections, paragraphs, clauses, or phrases subsequently may be found by
competent authority to be unconstitutional or in ,alid.
Section 4' Effective Date. This ordinance shall take effect five (5) days after rits passage and
publication.
PASSED BY THE COUNCIL OF THB TOWN OF BEAUX ARTS VILLAGE and signed irr
authentication of its passage on this 9thtl, day of July, 2013.
Richard Leider, Mayor
ATTEST:
VED AS TO FOR.M:

Ordinance No. 404
Page 3 of3
I certifythat copies of the above
Arts Village, Washington, on the
the Town of Beaux
Sue Ann Spens, Clerk/Treasurer