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HomeMy WebLinkAbout(0009) IR 20-10481 - Urban Forestry Ordinance and Enforcement ProceduresINFORMAL REPORT TO CITY COUNCIL MEMBERS No. 20-10481 To the Mayor and Members of the City Council September 15, 2020 Page 1 of 1 a ° SUBJECT: URBAN FORESTRY ORDINANCE AND ENFORCEMENT krA PROCEDURES r677 The purpose of this Informal Report is to provide an overview of the Urban Forestry Ordinance and procedures, particularly related to enforcement. The purpose of the Urban Forestry Ordinance is to achieve 30% tree canopy coverage citywide and to promote a multi -aged urban forest. The ordinance was last updated in 2009 and amendments proposed in 2015 were not adopted by City Council. Role of the City Council: The role of the City Council is to approve/deny Urban Forestry Ordinance amendments. Role of the Urban Design Commission (UDC): The role of the Urban Design Commission (UDC) is to consider appeals to urban forestry regulations. Action by the UDC does not relieve an applicant of applicable penalties. Appeals of UDC decisions are heard at District Court. The UDC may take the following actions: • Deny the appeal, in which case the urban forestry plan/permit shall not be accepted or granted; • Grant the appeal and direct the City Forester to accept and approve the urban forestry plan/permit; or • Grant the appeal subject to such provisions, conditions or limitations as deemed appropriate by the UDC. Role of the Development Services Director: The Director is responsible for matters involving the Zoning Ordinance, inclusive of the Urban Forestry Ordinance, by designating appropriate staff to perform plan review, inspection, determination of appropriate penalties, and amending the ordinance as directed by the City Council. Penalties - Anyone who violates or resists enforcement of the Urban Forestry Ordinance may be assessed a civil penalty, issued a citation for a misdemeanor, or both. The ordinance prescribes penalty amounts. Inspections: In 2018, Gas Well Inspectors were tasked with urban forestry tree protection inspections. Inspectors visit the site to verify that protective fencing has been installed in accordance with the tree protection plan submitted with their urban forestry permit application. Passing inspections are required prior to issuance of urban forestry or grading permits. Re -inspections are required if fencing is not properly installed. Inspectors may meet with contractors onsite prior to installation of fencing, particularly in densely wooded areas where some tree removal is required in order to install the fencing. Interim inspections may be scheduled for long-term projects. Post -grading inspections are conducted upon receipt of a Final Grading Certificate or applicant notification that grading has been completed. Staff intends to explore internal and external options for utilizing drone or other aerial technology for pre - development inspections and investigations of unauthorized clearing. For any questions, please contact Arty Wheaton -Rodriguez in Development Services at 817-392-6226. David Cooke City Manager Attachment: Urban Forestry Violations since October 1, 2017 ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS Urban Forestry Violations since October 1, 2017 Date of Name/Address Council Property Violation Resolution Status Complaint District Owner/Developer 1/30/2018 7850 E Ederville 5 2901 S Walton Walker Unauthorized Stop Work Order; Submitted UFC18-0055 issued LLC, Hussain Murawat clearing OF Application 3/9/2018 11785 Alta 7 Bloomfield Homes Unauthorized Stop work order; penalty UFC17-0249 issued Vista Road clearing settlement agreement 9/11/2018 FM 1187 & 1-35, 6 Southgate Unauthorized Stop Work Order; Applicant UFC19-0142 issued; SE Corner Marketplace clearing submitted OF application that project is being met ordinance requirements, developed in but also filed waiver request to accordance with remove remaining tree canopy. approved plan Case was continued by UDC. Applicant has not returned to UDC. 9/20/2018 8308 5 Meadowbrook Fill Site Unauthorized Permit application was revised UFC18-0117. Stop Meadowbrook clearing prior to to be consistent with actual Work Order remains permit issuance removal and to be in in effect until and in excess of compliance with ordinance issuance of UFC18- proposed tree requirements. Project has 0117 and grading removal been dormant since Stop Work permit Order issued. Applicant has stated he plans to install fencing and submit required revisions to grading permit this fall. 12/17/2018 NEC Sandy Lane 5 Carol Oaks North Unauthorized OF and grading permits not yet UFC18-0235 and & Ederville clearing, site issued grading permit work issued 2/14/2019 4851 Scott 7 Scott Goat Farm, LLC Unauthorized Fence repaired and Phase 1 UFC19-0061 issued Road tree removal/ urban forestry permit fill application submitted. [Type here] Informal Report to City Council Members: Urban Forestry, September 15, 2020 Attachment 1 Urban Forestry Violations since October 1, 2017 Date of Name/Address Council Property Violation Resolution Status Complaint District Owner/Developer 6/14/2019 4412 Overton 3 Arthur Rubin Unauthorized Citation issued; owner Citation paid, Crest tree removal required to replant to meet OF UFC19-0243 issued, coverage requirements. planting confirmed 11/10/2019 City Property at 7 Tony Lucyk, 9016 Tree removal PARD violation, but citation Citation issued and Heron & Castle Heron from City issued by OF inspector paid Circle property 4/10/2020 7325 John T 5 Christine Armstrong Unauthorized Tree removal application Tree Removal Permit White tree removal submitted. Issued 5/28/2020 Trailridge Drive 7 West River Unauthorized OF application submitted UFC20-0187, Development tree removal; Application under fill review 6/11/2020 8650 5 ECM Development Tree clearing in Stop Work Order Issued; Waiver approved; Meadowbrook excess of permit Applicant applied for waiver Calculation of Dr from UDC; payment of penalty penalties in process fees required 8/3/2020 2208 Capri 2 Everardo Ramirez Unauthorized Owner required to submit OF Pending receipt of tree removal Application application [Type here] Informal Report to City Council Members: Urban Forestry, September 15, 2020 Attachment 1