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HomeMy WebLinkAboutOrdinance 17385-01-2007Ordinance No. 17385W0~ -2047 AN ORDINANCE lNGREASiNG 1=STIMATFD RECEIPTS AND AppROPRIATIONS IN THE TREE FUND iN THE AMOUNT OF $44,000 FOR THE PURPOSE OF FUNDING THE ESTABLISHMENT OF FEES RELATED TO THE ENFORCEMENT OF THE TREE PRESERVATION ORDINANCE; PROVIbING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANGE CUMULATIVE OF PRIOR ORDINANCES IN CONi=LiCT HI=REWITH; AND pROVlD1NG AN EF'F1=CTIVE DATE. BE IT ORDAINED l3Y THI=CITY COUNCIL OF T}-tE CITY OF FORT WORTH, TEXAS: SECTION 9. That in addition to those amounts allocated to the various City departments for Fisaat Year 2006-2007 in the Budget of the City Manager, there shaif also be increased estimated receipts and appropriations in The Tree Fund in the amount of $44,000 for the purpose of funding the estabiishmen# of fees related to the enforcement of the Tree Preservation Ordinance. sECTION z. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion ar judgment shall in no way impair the remaining portions, sections, ar parts of seotions of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 'i7142 and ail other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. ' SECTION 4. This ordinance shall take effect upon adap#ion. APP OVER A TO FORM AND LEGALITY: ~~ ~r ~ ~- ssistant City ttorney ADOI~TED AND EFFECTIVE: .~axauaxy 30, 2007 'T'REE PRESER'V~A'T'I®1~ FEES Title Fees Descari t~nn Application Fee $45 Per acre minimum one acre Tree Removal Fee $204 Tunes the total diameter of specihc tree removed AppealslWaiver $295 Per appeal/waiver Penalty Fees for Illegal Tree Reanaval $240 Per diameter inch for trees removed without a valid Urban Forestry P1az7/Permit Penalty Fees for Removal of Significant Txees $400 Per diameter inch for removed ar damaged significant trees without a Forestry Plan/I'errnit icy ®f F®r~ VtI®rtf~, Texas Mayor and Council Communication COUNCIL ACT10N: Approved on 1I30I2007 -Ordinance No. 17'384-01-2007 & 17385-01-2007 DATE: Tuesday, January 30, 2007 LOG NAME: 80TREEFEES REFERENCE NO.. ~~G-15fi01 SUBJECT, Authorize the Esfiablishmenfi of Fees Related to Enforcement of the Tree Preservation Ordinance and Adopt Appropriation Ordinances RECOMNf1=N®ATION: It is recommended that the City Council: 1. Authorize the City Manager to approve the establishment of an application fee of $45 per acre and appeals waiver fee of $295 for enforcement of the tree preservation ordinance; 2. Adopt the attached supplemental appropriation ordinance increasing estimated receipts in the General Fund from available funds by $276,785; and 3. Adopt the attached supplemental appropriation ordinance increasing estimated receipts in the Tree Fund by $44,000. ©ISCUSSI®N. On October 3, 2006, City Council approved a text amendment (ZC-06-183} to the City of Fart Worth Comprehensive Zoning Ordinance adding additional regulations to include protection and preservation of trees. The ordinance becomes effective January 30, 2007. The attached schedule assigns fees for administration of the ordinance by staff from the Parks and Community Services Department {PACs). Included in the ordinance were fees for permitted tree removal as well as penalties for illegal tree removal. The ordinance specifies these funds be deposited in a special free fund account to support tree planting on public property. There will be a limited number of instances where developers will need to remove trees within the required tree preservation zone. Based on the number of requests received under the interim ordinance, staff anticipates collecting $42,000 for tree removal permits and estimated interest income of $2,000. Yau are being asked to appropriate these funds today. The application fee of $45 per acre will cover staff time to review urban forestry plans for compliance. This fee was identified in the FY 2006-07 approved budget fnr PACs. Based nn current prajectinns, PACs expects to review urban forestry plans totaling 6,000 acres annually. At $451acre this will generate $270,000 in application fees. In addition a fee to process appeals and request for waivers to the Tree Board is also recommended for approval. This fee of $295 covers the cost to notify affected property owners within a 300 feet radius of the subject property of the hearing date for the proposed appeal or request for waiver. It also covers the cost of advertisement of the hearing in the local paper. Staff estimates fihat approximately 5 percent of the applications received will request either an appeal or waiver resulting in the collection of additional fees totaling $6,785 annually. The process will be administered by the Development Department. Logname: 80TREE~FEES Page 1 of 2 FISCAL INFORMATIONICE=RTII"ICAT'ION: The Finance Director certifies that upon approval of the above recornmendatians and adoption of the appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the General Fund and of the Tree Fund. ' TO FundlAccountlCenters FROM FundlAccaantlCenters GG01 462804 08D9015 27D 000.00 GG01 462814 0065000 f 788.00 C183 462824 080183080001 42~_,0(}OOQ C183 441012 080183080002 2 000.0D Submitted for City Manager's Office ~ Libby Watson (6183) Originating ©epartment Head: Melody Mitchell (Acting) {5711) Additional Information Contact: Harald Pitchford {Acting} {5728} Lognalne: 80TREEFEES Page 2 of 2