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HomeMy WebLinkAboutOrdinance 17228-10-2006ORDINANCE NO.17228-10-2Da6 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, TIEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF TIIE CODE OF THE CITY OF FORT `V6'ORTIIC BY AMENDING SUBSECTION K "PRESERVATION OF TREES" OF SECTION 6.301. "LANDSCAPING" OF ARTICLE 3, "LANDSCAPING AND BUFFERS" TO ADD REGULATIONS ON THE REMOVAL OF PROTEC'T'ED TREES EQUAL TO OR GREATER TITAN SIX INCHES IN DIAMETER ON A PARCEL OF LAND GREATER THAN ONE ACRE; TO AMEND CHAPTER 9 "DEFINITIONS" TO ADD DEFINITIONS RELATED TO TREE PRESERVATION; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION TN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to maintain and enhance a positive image and a livable city it is important to promote site planning which furthers the preservation of mature trees and to protect trees during construction, to facilitate site design and construction which contribute to the long term viability of existing trees and to control the removal of trees when necessary WHEREAS, at the November 2, and 9, 2004 City Council meetings, citizens spoke about cancexns of clear cutting in their community, provided numerous pictures and testimony about actual examples of clear cutting that has happened in areas surrounding their homes and neighborhoods, and requested the City Council to put an immediate moratorium on clear cutting; WT-TEREAS, on November 16, 2004, the City Council approved Ordinance Number 16208 (Mayor and Council Communication 1'Z-2SS6) establishing a thirty day moratorium on the removal of protected trees equal to or greater than six. inches in diameter on an acre or larger parcel of land without a permit from the City b'arester; WHCEREAS, the moratorium was enacted and continued in order to maintain the status qua while the Citizen Advisory Committee continued to the study of the adoption of a tree preservation ordinance; WHEREAS, the Government and Neighborhood Relations Committee established a committee consisting of two City Council members, a Zoning Commission member, representatives from. neighborhood and builder associations, Scenic port Worth, the Fort Worth Garden Club, utility companies, real estate investors, urban forestry and other interested parties to study the practices in other cities and advise the Council Committee an possible regulations related to tree preservation; WHEREAS, it is anticipated that the Citizen Advisory Committee will be prepared to make a recommendation on regulations related to tree preservation to the Council Committee in February 2005; WHEREAS, the Citizen Advisory Committee recommended the adoption of interim regulations to regulate the removal of protected trees during the tune the committee compares and analyzes other tree preservation. ordinances in order to make a recommendation on regulations to the Council Committee and the full City Council; WHEREAS, on December 14, 2004, the City Council approved Ordinance Number 16232 (Mayor and Council Communication G-14617) extending tha moratorium until January 28, 2005 to allow time for the Zoning Commission and City Council to consider interim regulations; WHEREAS, on January 18, 2005, the City Council approved Ordinance Number 16270 establishing interim regulations in order to allow the City to complete the public process for consideration of amendments to the Zoning Ordinance to provide regulations for the protection and replacement of trees as recommended by the citizen advisory committee; WHEREAS, the Citizens Advisory Committee recommended to the City Council provisions that would better meet the needs of the city and those recommendations were reviewed by the public 2 through citizen information meetings and Zoning Commission hearings; NOW,'I'HEREFORE, BE IT ORI3AINED I3Y THE CITY COUNCIL, OF TIIE CITY OF FORT WORTH, TEAS SECTION 1. Subsection K "Pxesexvation of Trees" of Section b.301 "Landscaping" of Article 3, "Landscaping and Buffers" is hereby amended to add. new language related to tree coverage, preservation, planting and maintenance to read as follows: K. `free coverage, preservation, planting and maintenance 1. Intent a. It is recognized that there is a need to establish regulations addressing the protection of healthy and significant trees and io provide for the replacement and replanting of trees that are necessarily removed during construction, development or redevelopment. b. It is the intent of these regulations to limit the removal of tree canopy, promote a multi-aged urban forest, to promote the orderly development of the City of Fort Worth, and to protect the public health, safety acid general welfare of the citizens of the City of Fort Worth. It is not the intent of these regulations to deny development rights protected by law. c. Further, it is the intent of the City to address the removal, replacement, maintenance and replanting of trees that axe necessarily removed during construction, development or redevelopment in an ez~peditious manner and with due regard for the legal rights of property owners in Fart Worth. d. The process of development with its alteration of natural topography, vegetation and creation of impervious cover can have a negative effect an the ecological balance on an area by causing incxeases in nix temperature and accelerating the processes of runoff, erosion and sedimentation. Recognizing that the general obj ectives of this section are to promote and protect the health, safety and welfare of the public, it is declared that this section is adopted with the following objectives: 1. Eliminate the process of clear cutting; 2. Promote the preservation /conservation of trees throughout the city; 3 3. Recognize the benefits of trees in the urban environment; 4. Encourage planting and preservation of quality trees that are suitable to an area; 5. Promote a safe environment that includes trees; 6. Aid in stabilizing the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, ground-water recharge and storm water runoff retardation, while at the same time aiding in noise, glare, wind and heat abatement; 7. To provide visual buffering within and between land uses of differing character to alleviate the harshness of urban life; 8. Enhance the beautification of the city, 9. To safeguard and enhance property values and to protect public and private investment; 10. To conserve energy; 11. To provide habitat for wildlife; and 12. To encourage the preservation of large trees which, ante removed, can be replaced only after generations. 2. Tree coverage a. The municipal urban forestry strategy is to achieve citywide tree canopy coverage of 30%. Ta achieve the citywide 30% tree canopy coverage goal, these tree regulations are directed toward preservation, planting and maintenance. b. The citywide 30% canopy coverage goal will be achieved through residential land uses (one and two family dwelling units} having 40% canopy coverage, caminercial land uses having 30% canopy coverage and industrial land uses having 20% canopy coverage. The 40% canopy coverage for one and two family developments will be reduced by 15% canopy coverage if one tree per residential lot is placed on all fats up to 5000 square feet in area and one additional tree for each additional 5000 square feet or faction thereof up to a maximum of nine (9) trees per residential lot. The remaining 25% canopy coverage to be provided in public right of ways, parks, Homeowner Association lots or boundary street parkways. For other residential uses and mixed used areas, 50% of the required open space will have canopy coverage through planting or preservation.. e. Ta achieve the 30% citywide canopy coverage goal, all parking areas for all developments other than one or two family developments shall have a 40% canopy coverage achieved through preservation of existing or tree planting within the parking field and drives. Planting within the parkway will be credited to the coverage requirements. d. Public projects such as city water, sewer ar street projects shall have a 30% canopy coverage if the project can not be classified as residential or industrial. City 4 prof ects that are residential ar industrial in nature will be required to meet the canopy coverage for those land uses. 3. Tree reservati©>a / retenti©~x of existin ea>uo a. Preservation of existing canopy coverage regardless of tree type On all properties of land greater than one acre, a minimum retention of existing canopy shall be 25°/a. The existing canopy can be determined via recent air photo, on the ground survey or other approved method by the City Forester. 2. Property located in floodplains or located in areas that will be dedicated to public spaces will be counted toward the required 25% minimum retention. 3. Calculation of all canopy caverage and retention areas will not include utility right of ways or easements covered under the rules and regulation of the Public Utility Commission 4. To reanrzave mare than the minimum retention will require a waiver from the Urban Forestry Board. b. Preservation of existing canopy caverage for protected trees only 1. Retention of quality trees (protected trees) only will be allowed if an additional 5% is preserved (a total preservation of 30% of the existing canopy of protected trees} and plantinglpreservation will ensure an additional 5% coverage (residential coverage would be a minimum of 45%, conamereial coverage would be a minimum of 35% and industrial would be a minimum of 25%) 2. To determine the existing tree canopy caverage for protected trews only will require an ansite tree survey noting the location, size(diameter of trees 6 inches ar greater) and canopy coverage of each tree. 3. Protected trees include the following species: Redbud Mexican plurrt Cherry iaurel Eve'S neckiace Crab apple Bradford pear Golden Rainfree Caddo Maple iced Maple Hig€°oth mapie Bur oak Chinquapin oak Cer•crs Canadensrs Pruuus mexicana Prunes caroliniana Sophora a~nis Males angustifolitt Pyres calleryana var. 13r•adforr! Koelrueterra paniculaia ricer saccharum ricer rubrum ricer grarrdrdentatum Quercus macrocar pa Quercus muhlenbergit 5 )wive oak Ouercus virginiana Shamard red oak Qrrercus shumardii Texas red oak Ouercus texana Post nak Oue,•crrs siallala Blackjack oak Ouercus marilandica Pecan Caaya JQinoensis ],acebark elm Ulmas parvrfalia Cedar elm Ulmas crassifolfa American e!m Ulmas americana Bald cypress Taxodium distichum Black walnut Carya nigra C'xreea ash Fraxinus pennsylvanica Texas ash Fraxinus Soathern magnoEia 1LJagnolia grand~ora 4. Tree >~reservati©an / si~~aificasxt or lame trees a. Significant or large trees 3Q inches in diameter {94.25 inches in circumference) far the entire city or 20 inch diameter (62.83 inches in circumference) for Post Oaks and Blackjack Oaks east of Interstate Highway 35 West can only be removed by permit ofthe City Forester. The reduced diameter for Past Oaks and Blackjack Oaks east of l 35 W is in recognition of the naturally occurring Post Oak Savannahs within the Cross Timbers Zone. Preservation of a significant or large tree will be credited to the required canopy cover 1.5 times the actual canopy size. b. Criteria for granting the permit will be one of the following conditions; 1. Removal will be granted if an area 1 '/2 times the area of the specific tree's canopy is retained on the same site. The 1 1/a retention of existing trees shall be in excess of the required tree coverage on the site/tract, or 2. Removal will be granted if planting of new trees at five (5) times greater in canopy area than the removed specific tree canopy. The additional planting of 5 to 1 will be in excess of the required tree coverage on the site, or 3. Payment into the tree fund based upon the total diameter of the specific tree times $20D per diameter inch, or 4. Urban Forestry Board approved plan that mitigates the removal of the large tree c. Replacement any tree preserved and that dies within five years due to construction or development activities will be the responsibility of the original applicant. Replacement will be new trees with a minimum of 3 inches each in diameter and equal to five times the lost canopy. Tree replacement will be guarantee for a period of two years. 5. Tree PIa>ntin t© achieve the oal of cane coves e 6 a. Trees planting to provide canopy coverage shall be a minimum of 3 inches each in diameter and will be credited its canopy coverage at normal maturity. These credits are as follows: 1. Large canopy tree with typical crown width of 50 feet in diameter - 2000 square feet (minimum spacing of 40 feet on center) 2. Medium canopy tree with typical crown width of 30 feet in diameter - 700 square feet (minimum spacing of 24 feet on center) 3. Small canopy tree with typical crown width of 10 feet in diameter -100 square feet (minimum spacing of 8 feet an center) 6. Tree Protections and Maiartenance a. All trees being preserved for canopy coverage or a significant tree covered under section 4 due to size will be protected during any development activities. Development activities will include vegetation removal, grading, installation of utilities and/or construction of structures and site amenities. b. Protective measures must occur on all trees located within SO feet of development activities c. Protective measures are required at the critical root zone (the critical root zone radius is def ned as one (1) foot per inch diameter measured at breast height {four and'/z feet) of the tree. d. The fallowing activities within the critical root zone are prohibited: 1. No material intended far use in construction or waste material accumulated due to excavation ar demolition shall be place within the limits of the critical root zone of any preserved tree; 2. No equipment shall be cleaned or other liquids deposited ar allowed to flow overland with the limits of the critical root zone of a preserved tree. This includes, without limitations, paint, oil, solvents, asphalt, concrete, mortar ar similar materials; 3. No signs, wires or other attachments, other than those of a protective nature, shall be attached to any preserved tree; 4. No vehicular and/or construction equipment traffic or parking shall take place within the limits of the critical root zone of any protected tree other than on existing street pavement; or 7 S. No heavy equipment, including but not limited to trucks, tractors, trailers, bulldozers, bobcat tractors, trenchers, compressors and hoists shall be allow inside the critical root zone of any preserved tree on any construction site without the specific approval of the City Forester. 6. No grade change within the critical root zone without submission of a certified arborist/forester report dealing with protections and the report acceptance by the City Forester. e. Procedures required prior to development activities 1. Protective fencing: Prior to development activities, the contractor or subcontractor shall construct and maintain, for each preserved tree or tree cluster on a tract, a protective fence which encircles the outer limits of the critical root zone of the tree to protect it from development activities. All protective fencing shall be in place prior to commencement of any site work and remain in place until all e~teriar work has been completed. (add minimum requirements on size and material of protective fencing} 2. Bark Protection: In situation where a preserved tree remains in immediate area of intended construction and the City Forester determines the tree bark to be in danger of damage by development activities, the contractor or subcontractor shall protect the tree by enclosing the entire circumference of the tree with 2"' x 4" lumber encircled with wire or other means that does not damage the tree. The intent is to protect the bark of the tree against incidental contract by large construction equipment. f. Construction methods 1. Boring: Boring of utilities under preserved trees shall be required in those circumstances where it is not possible to trench around the critical root zone of the preserved tree. When required, the length of the bare shall be the width of the critical root zone at a minimum and shall be a minimum depth of 48 inches. 2. Grade Change: In situation in which the City Forester approves a grade change within the critical root zone of a preserved tree, procedures and special conditions shall be approved by the City Forester in advance of any work. 3. Trenching: All trenching shall be designed to avoid trenching across the critical root zone of any preserved tree, unless otherwise approved by the City Forester. All work within the critical root zone requires advance approval by the City Forester. The placement of underground utility lines such. as electric, phone, gas, etc., is encouraged to be located outside the critical root zone of preserved trees. Trenching for an irrigation system shall be place outside the critical root zone, except into the critical root zone perpendicular to the tree trunk and in the manner that has the least possible encroachment into the critical root zone. Baring is required far all underground utility lines that cross the critical root zone. ~}. Root Pruning: All roots two inches or larger in diameter which are exposed as a result of trenching or other excavation shall be cut aff square with a sharp medium tooth saw and covered with pruning compound within two hours of initial exposure. 5. Underground utilities: A11 onsite underground utilities with backfill other than onsite material shall have a clay dam every 200 feet for the entire length of the utility placement. b. Paving: No paving is allowed within the critical root zone of any preserved tree unless otherwise approved by the City Forester. Approvals will be based upon best management practices far tree preservation. g. Warranty / Replacerr~ent 1. Any preserved tree that dies or becomes hazardous due to the construction activities within 5 years following the completion of the development activities shall be replaced following the criteria outlined above for tree preservation and significant tree replacement by the original applicant or assigned party. 7e Urhan Forestry Plan 1 Permits a. Except as otherwise provided herein, no tree removal (6 inches in diameter or larger, all species) will be allowed within the City of Fort Worth without the approval of an Urban Forestry Plan by the City Forester on and after the effective date of this ordinance. b. An approved Urban Forestry Plan /Permit will run with the land and can only be amended by the Urban Forestry Board. c. Notice of Application -The City shall post on the City's Website a notice of application within seven calendar days ofreceipt. The Website posting shall include the location, applicant's name and address, and general description of the requested forestry activities. The City shall not approve an Urban Forestry Plan /Permit until 21 calendar days have past since the Website posting. d. Credit for preserved or planted trees shall be given for trees located outside the subject property within the parkway of adjacent streets or on property designated for public use in the immediate area. 9 e. Submittal requirements: Prior to any development, disruptive activities including clearing and grading) ar tree removal, the following information must be submitted to the City Forester: Phase One Documents 1. A scaled diagram of the subject property in which development, disruption ar tree rernaval is proposed. The scaled diagram may be an engineered drawing, survey, air photo or other City Forester approved illustration. The pirst sheet will reflect the existing condition by including the following information: i.Baundaries of the property anal its calculated area i.e. acres, square feet. ii.Lacation map showing the proximately of the properly to the nearest streets. iii.0utline of the existing tree canopy area on the property and the calculated area (square feet or acres) of existing canopy coverage. iv.Scaled existing ar proposed utilities regulated by the Public Utility Commission. Indicate the calculated area (square footage or acres) for these rights of ways ar easements. v.Locatian of each large or significant tree as defined in Section 4, its type and canopy area. vi.The fallowing tables: S uare Feet Acres Gross area of ro e Utility Right of Ways - - orEasements regulated by the Public Utility Commission Net Urban Forestry Area Re aired Tree Caner Area Scare feet Acres Net Urban Forest Axea Land Use /Canopy Coverage ratio x One or two family (40% coverage) One or two family with trees planted on individual lots (25°1o coverage) Commercial (30% coverage) Industrial (20% coverage) 10 Additional 5% if only protected trees are bein reserved Re aired cano covera e Preservati©n / Square feet Acres Retention of Existing Gann Existing tree canopy area Preservation X 0.25 X 0.25 re uirement Additional 5% if only protected trees are bein reserved Minimum retention vii. Upon completion and approval of phase one documentation, removals will be granted if a minimum of 50% of the existing tree canopy is retained. The documentation pre-development canopy coverage will run with the property until development occurs. The required retention noted in phase one documentation will have to be achieved within the area remaining af~:er the initial clearing. Phase Two Documents The second sheet will overlay the proposed improvements and removals/preservations/plantings. The sheet should include the following information: i. Scaled site plan depicting the location of proposed structures, parking areas, drives and amenities; ii. Outline the canopy areas that are desired to be removed; iii. Depiction of trees {large, medium. or small canopy crown} that will be planted; iv. The fallowing charts: S care feet Acres Area of existing tree caxao retained 11 Planting _ large canopy trees @ 2000 square feet per tree _ medium canopy trees @ 700 square feet pex tree small canopy trees @ 100 square feet er tree Total preservation and lantin Parking Areas 1'or Square feet Acres Commercial or ~z~dustrial ~Tses Area of parking and drives Required canopy X 0.4 X 0.4 coverage of parking areas Required canopy cavera e Area of canopy coverage being _provided ire Tree Planting Requirements a. The following list of trees is considered desirable and adapted trees for the Fort Worth area. Planting of trees from this list is acceptable. Other trees will be considered by the Gity Forester anal granted on a case-by-case basis. The approval of additional species will be judged on adaptability, long-tearna health and growing characteristic of the tree type. Lar e Cacao Trees Pecan # Car a illinoensis Deodar Cedar Cedrus deodara Green Ash Fraximus enns lvanica Southern Ma nolia# Ma nolia andi ora Bur Oak* uereus macrocar a Chin ua in Oak uercus muhlenl~er ii Shumard Oak # uercus shumardii 12 Texas Red Oak Quercus buckle i Live Oak * uercus vir iniana American Elm Ulmus Americana Cedar Elm * Ulmus Grassi olia Lacebark Elm Ulmus arvifalia 1Vdedau~ Caro Trees Caddo Ma le * Acer barbatum var. Caddo 8i ooth Ma le * Acer andidentatum Common Persimmon Dios ras vir iniana Texas Ash Fraxinus texensis Gink o Gink a bilaba Kentocky Coffeelree G mnocladus dioicus Eastern Red-Cedar * Juni erns vir iniana Golden Raintree Kaelreuteria aniculata Eldarica Af ban Pine * Pinus eldarica Italian Stone Pine Pinus inea Chinese Pistache * Pistacia chinensis Hone Mes uite * Proso is landulasa Black'ack Oak * uercus marilandica Monterre Mex white Oak * uercus of mor ha Western Soa be * Sa ides drummandii Pond C ress Taxodium ascenders Bald C ress * Taxodium distichum Small Cana Trees Ja anew Ma le # Acer almatum Common button-bush Ce halanthus occidentalis Redbud * Cercis Canadensis Desert Willow * Chilo sis linearis Rou h-leaf Do wood # Corpus drummondii Texas Persimmon * Dios ros texana Carolina buckthorn # Fran ula caroliniana Yau on Holl * Ilex vomitaria Deciduous Holl Ilex deciduas Cre ~ M rile * La erstroemia incica Mexican Plum * Prunes mexicana White Sin. Oak * uercus sinuate var. breviloha Flarneleaf Sumac * Rhus lanceolata Eve's Necklace * So Nora a finis Mexican bucke e * U nadia s eciosa Rus Blackhaw Viburnum rufidulum 13 * Drought tolerant species # Not recornimended for parking lots or high heat areas b. The minimum size of tree planted. will be 3 inches in diameter measured one foot above ground level if the tree is multi trunk, the main steno. will 6e given full credit for its diameter and all other stems will receive ~/~ credit. The total of all must he 3 inches or greater. c. All trees that die within two years of the date of project completion will be replaced by another replacement true. The replacement tree carries the same two-year replacement requirement. The requirement to replace the trees shall run with the land. d. A minimum of 16 square feet of permeable surfaces must be provided for all tree plantings, 9. lJxce Mans to tie tree covers a reservation lantin and maintenance nrovisions a. Any existing residential lot one acre or less in size either zoned ar used as residential with a residential structure upon it is exempted from thew regulations. All other uses e.g. commercial, institutional, industrial must comply with these regulations regardless of lot size. b. The removal of any tree in the case of an emergency, such as due to storm damage or utilities, shall not be subject to these regulations ox require an Urban. Forestry Plan /Permit. c. Away tree that is deemed to be in unsafe condition, or is injurious to common good, or to electrical, gas or water utilities, or sewer pipes, pavement or improvements, or is infested and dangerous to other trees or conflicts with other ordinances or regulations. d. Any permits ar proj acts vested per Chapter 245 of the Local Government Code. e. Agriculture development will require documentation of the existing canopy coverage and detailed tree survey of the property. The tree survey will include the location, size and type of tree. At the time of development a payment of $200 per diameter inch will be required for 25% of the removed trees. The documented canopy coverage and total diameter inch total will run with the land. f Areas within mixed used zoning districts ar within the boundaries of the Downtown Urban Design District are exempted from the preservation /retention provisions. Mixed used zoned properties must provide through either preservation ar planting 50% canopy coverage of required open space. Downtown Urban Design District projects require a minimum 40% provision of canopy coverage on l4 surface parking lots, in addition to any other landscape regulation required under the adopted Downtown Urban Design Standards. g. Special districts with tree or landscape requirements ~ Should other special districts be established other than the Downtown Design District, the special district guidelines will apply if the requirements are more restrictive than those outlined within this section. h. Gas Well Sites -- Only urban and high impact wells will require tree preservation and/or planting measures. Well classifications are established through there proximity to protected uses. A 30% tree canopy requirement through preservation and/or planting will apply to urban classified wells. A 40% tree canopy requirement through preservation. and/or planting will apply to high impact classified wells. The following requirements apply to both urban and high impact wells; i. A minimum retention of 25% of the existing trees will be required as with other land uses unless removal necessary for location of equipment as determined by the Gas Inspector. ii. No more than 25% of the same species may be planted at one site. iii. A minimum of 25% of the planted trees must be evergreen species. iv. A minimum of 7S% of the planted trees must be located between the gas well site and protected uses or public way. An administrative waiver of the 75% placement can be approved by the City Forester with proof that the proposed planting will screen the negative views into the well site from the protected uses. v. All planted trees that die within two years of the date for project completion will be replaced by another replacement tree. The replacement tree carries the same two-year replacement requirement. A replacement of any tree that dies within two-years of planting will be replaced by the Gas Well Operator or agent and a new two-year guarantee will begin at the time of replacement. 10. Anneals. a. Tf the City Forrester, or other city official refuses to accept or issue an Urban Forestry Plan /Permit, or the applicant disagrees with the decision of the City Forester, the applicant may appeal the decision to the Urban Forestry Board. The 15 appeal shall be in writing and shall be transmitted to the Executive Secretary of the Urban Forestry Board within ten days after receipt of notification that the City Forester will not accept the Urban Forestry plan /permit. b. The Urban Forestry Board shall consider the appeal within ~0 days after the appeal is received by the Board's Executive Secretary, unless the applicant requests a later hearing. The Urban Forestry Board shall not release the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the Board can reasonably conclude application of this ordinance to the applicant would be likely to deprive the applicant of rights protected by law. c. The Board may take the following actions on an appeal: 1. Deny the appeal, in which case the Urban Forestry Plan /Permit shall not be accepted or granted, ar, 2. Grant the appeal, and direct the City Forester to accept and approve the Urban Forestry Plan /Permit; ar, 3. Grant the appeal subject to such provisions, conditions, or limitations as deemed appropriate by the Board. d. In no event shall acceptance of an application guarantee that the City will issue the Urban Forestry Plan /Permit, unless the permit application is incompliance with all applicable codes, laws and regulations. e. Appeals of the Urban Forestry Board will be handled by the City's Board of Adjustment. 11. Penal Any person, firm, ar corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be assessed a penalty of Two Hundred Dollars ($200.00} per diameter inch of trees removed or damaged without a valid Urban Forestry Plan /Permit, Four Hundred Dollars ($400.00) per diameter inch of significant tree removed or damaged without a valid Urban Forestry Plan /Permit and be guilty of a misdemeanor and upon conviction shall be fined not more than Five Hundred Dollars ($500.00} for the removal or damage of each tree. 12. Enf€~reenzent Any Cade Enforcement 4ffieer, the City Forester or his/her designee shall have the authority to enforce the provisions of this ordinance. SECTION 2. 16 Ordinance No. 13896, the zoning ordinance of the City of Fort Worth, Section 9.101, "Defined Terms," is hereby amended by adding new definitions related to tree preservation as follows: (1) CITE.' FORESTER; For the purpose of tree preservation, that person or persons designated by the Parks and Community Services Director to provide administrative review of Urban Forestry Flans /Permits. (2) DIA1ifIETER OF AN EXISTING TREE: That measurement of the sizeldiameter of a tree as determined by measuring at four and one-half feet (4~.5') above ground. For a multi-trunk tree, the diameter sha11 be the total diameter of the largest trunk plus half (112) the diameter of each additional trunk. (3) URBAN FORESTRY PLAN: A plan showing the location of existing canopy coverage and any trees that are classified as large or significant as per Section 4 on the site, the location of all easements, the location of all proposed buildings, a grading plan, if applicable; the trees desixed to be removed, the trees that shall remain on the site, and an accompanying document indicating the reason for the proposed removal of any tree, and if applicable, a description on how the existing healthy trees proposed to be retained will be protected from damage from construction. (4) TREE REMOVAL: The cutl:ing, destroying, removing, moving, poisoning, banding, marking, or effectively destroying through damaging, any tree 6 inches or greater in diameter situated on property regulated by the Zoning Ordinance without frrst obtaining a Urban Forestry Plan / Permit from the City Forester. (~) CRITICAL ROOT ZONE: Area next to the trunk of the tree that is equal to radius of one foot per inch diameter measured at bxeast height (four feet six inches) of the tree. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986}, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. l7 $ECTI! ®N 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph ar section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the rerr~aining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incozporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTI®1`I 5. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be assessed a penalty of Two Hundred Dollars ($200.00) per diameter inch of the protected trees that is greater than 6 inches and less than 30 inches in diameter or Four 1~Iundred Dollars ($400.00) per diameter inch of any tree that is 30 inches or greater in diameter removed or damaged without a valid Tree Removal Permit and be guilty of a misdemeanor and upon conviction shall be fined not more than Five Hundred Dollars ($500.00) for removal or darr~age of each tree. SECTT4N 6. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any anal all violations of the provisions of Ordinance No. 13 896 which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, bath civil and crizx~inal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. l8 SECTI®N 7. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, pezaalty clause and effective date of this ordinance for two (2} days in the official newspaper ofthe City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Governanent Cade. SECTI®N 8. This ordinance shall take effect on January 30, 2007 after adoption and publication as required by law. APPROVED AS TO IiORM AND LEGALITY: ~.. ~,~- ~, Assistant Ci Attorney ADOPTED: October 3, 2006 EFFECTIVE: ~ , , E ~~ 19