HomeMy WebLinkAboutOrdinance 16270-01-2005ORDINANCE NO. 16270-01-2005
AN ORDINANCE AMENDING THE COMPREIIENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTII, BEING ORDINANCE NO.
13896, AS AMENDED, CODIFIED AS APPENDIX "A°' OF TIDE CODE OF
THE CITY OF FORT WORTH BY AMENDING SUBSECTION K
"PRESERVATION OF TREES" OF SECTION 6.301 "LANDSCAPING" OF
ARTICLE 3, "LANDSCAPING AND BUFFERS" T® ADD REGULATIONS
ON THE REMOVAL OF PROTECTED TREES EQUAL TO OR GREATER
THAN SIX INCHES IN DIAMETER ON A PARCEL OF LAND GREATER
TFIAN ONE ACRE; TO AMEND CHAPTER 9 "DEFINTTIONS" TO ADD
DEFINITIONS RELATED TO TREE PRESERVATION, PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR
PUBLICATION IN 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, 200 City Council meetings, citizens spoke about
concerns 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;
WHEREAS, on November 1 G, 2004, the City Council approved Ordinance Number 1 b208
(Mayor and Council Communication PZ-2556) 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 Forester;
WHEREAS, the moratorium was enacted and continued in order to maintain the status quo
while the Citizen Advisory Committee continues 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 Fort 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 on 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 time the committee compares and
analyzes other tree preservation ordinances in order to make a recommendation an regulations to the
Council Committee and the full City Council;
WHEREAS, nn December 14, 2004, the City Council approved Ordinance Number 16232
(Mayor and Council Communication G-14617) extending the moratorium until January 28, 2005 to
allow time far the Zoning Commission and City Council to consider interim regulations;
WFIEREAS, it is advisable to adopt the following interim regulations in order to allow the
City to complete the public process far consideration of amendments to the Zoning Ordinance to
provide regulations for the protection and replacement of trees as recommended by the citizen
advisory committee;
loiOW, THEREFORE, BE IT ORDAINED IIY THE CITY COlU1VCIL OF THE CITY
OF FORT WORTH, TEXAS
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SECTION 1.
Subsection K "Preservation of Trees" of Section 6.301 "Landscaping" of Article 3,
"Landscaping and Buffers" is hereby amended to add new language related to tree preservation to
read as follows:
K. Preservation of Trees.
L Intent
a. It is recognized that there is a need to establish regulations addressing the
protection of healthy and significant trees and to 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 rezraoval of protected trees six
inches (6") in diameter on a parcel of land greater than one acre without a perrxzit
from the City Forester, to promote the orderly development ofthe City of Fort Worth,
and to protect the public health, safety and general welfare of the citizens of the City
of Fort Worth. Tt 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 and replacement and
replanting of trees that are necessarily removed during construction, development ar
redevelopment in an expeditious manner and with due regard for the legal rights of
property owners in Fort Worth.
2. Approval of Tree Remnval Permits
a. Except as otherwise provided herein, an and after the effective date of this
ordinance, no person shall remove any protected tree equal to or greater than six
inches (6") in diameter on parcel of land greater than one acre in size without a Tree
Removal Permit from the City Forester.
b. Land in which a valid building permit has been issued or a Community
Facilities Agreement has been executed prior to the effective date of this ordinance
are not subject to these regulations.
c. The removal of protected trees in the case of an emergency, such as due to
storm damage to utilities, sha11 not be subject to these regulations ar require a Tree
Removal Permit.
d. The City Forester or other city official responsible under city regulations for
reviewing a Tree Removal Permit, as defined herein, shall determine whether the
Tree Removal Permit is subj ect to these regulations. Acceptance of a Tree Removal
Permit for the limited purpose of such review shall not constitute filing or acceptance
of the permit. In the event the City Forester determines an application is subject to
the regulations, the City Forester shall be responsible for the review and approval of
all requests for all Tree Removal Permits. The City Forester shall review the permit
application, perform an an-site analysis of the site and trees and make a
determination which trees can be removed using the following criteria:
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1. The protected tree is located in a public utility easement, public
access easement or public street right-of way as recorded on a plat
and accepted by City Council and removal would be in compliance
with the current City Code;
2. The protected tree is in an unsafe condition, or is injurious to the
common good, or to sewer pipes, pavements or improvements, or is
infested and dangerous to other trees or conflicts with other
ordinances or regulations; or
3. The protected tree would interfere with the construction of a building,
parking or parking approaches, gas drill sites, and other
improvements.
e. The City Forester may accept a reforest plan that provides a one-diameter
inch per one-diameter inch tree replacement when protected trees are removed
outside the building envelope, parking approaches, gas drill sites or other
improvezxlents. The tree replacement plan will sot a minimum of 3-inch diameter tree
as a replacement tree. If replacement cannot beprovided on-site, the applicant shall
be required to pay into the City's Tree Planting Fund at a cost of $ l 25 per diameter
inch of protected trees removed. All preservation of trees will count toward the
project's landscape requirement without regard to location or limitation to
substitution of trees for shrubs.
f. In order to encourage the preservation of existing trees, the area within the
dripline of trees over size caliper inches that is protected by fencing during grading
and construction and included in the required landscape area shall receive double
credit toward the required landscape area.
3. Prmtected Trees
Redbud Cercis Canadensis
Mexican plum Prunes mexicana
Cherry laurel Prunes carollniana
Eve's necklace Sophora aj~nis
Crab apple Nlalus angustifnlia
Bradford pear Pyres calleryana var. Bradford
Golden Raintree l:oelrueteria paniculata
Carlo Maple Acer saecharum
Red Maple Aeer rubrurn
Bigkooth maple ~Icer grandidentatum
Bur oak Quercus macrocarpa
Chinquapin oak Quercus muhlenbergii
Live oak Quercus virginiana
Shumard red oak Quercus shumardli
'texas red oak Quercus texana
Post oak Quercus stellate
Blackjack oak Quercus marilandica
Pecan Carya Idllnoensis
Laccbark elm UGnas parvifolia
Cedar elm Ulmas erassifalia
American elm Ulmas Americana
Bald cypress Taxodlum disdichum
Black walnut Carya nlgra
Green ash Fraxinus pennsylvanica
Texas ash Frpxinus
Soukhern magnolia Magnolia grandiflora
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4. Appeals.
a. if the City Forrester, or other city official refuses to accept or issue a Tree
Removal Permit, or the applicant disagrees with the decision of the City Forester, the
applicant may appeal the decision to the City Council. The appeal shall be in writing
and shall be transmitted to the Office of the City Attorney within ten days after
receipt of notification that the City Forester will not accept the Tree Removal Permit.
b. The appeal shall be considered by the City Council within 30 days after the
appeal is received in the Office of the City Attorney, unless the applicant requests a
later hearing. The City Council shall not release the applicant from the requirements
of this ordinance, unless the applicant first presents credible evidence from which the
City Council can reasonably conclude application of this ordinance to the applicant
would be likely to deprive the applicant of rights protected by law.
c. The City Council may take the following actions on an appeal:
1. Deny the appeal, in which case the Tree Rernoval Permit shall not be
accepted or granted; or
2. Grant the appeal, and direct the City Forester to accept and approve the
Tree Application Permit.
3. Grant the appeal subject to such provisions, conditions, or limitations as
deemed appropriate by the City Council.
d. In na event shall acceptance of an application guarantee that the City will
issue the Tree Removal Permit, unless the permit application is in compliance with
all applicable codes, laws and regulations.
5. Penalty
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
sha11 be assessed a penalty of One Hundred Seventy Five Dollars ($175.00) per
diameter inch of the protected trees removed or damaged without a valid Tree
Removal Permit and be guilty of a misdemeanor and upon conviction shall be hoed
not more than Five Hundred Dollars {$500.00) for each offense.
SECTI®N 2.
Ordinance No. 13896, the zoning ordinance of the City of Fart Worth, Section 9.101,
"Defined Terms," is hereby amended by adding new definitions related to tree preservation as
follows:
(1) CITY FORESTER: For the purpose of tree preservation, that person designated by the
Parks and Community Services Director to provide administrative review of Tree Site
Plans and issue Tree Removal Permits.
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(2} DIAMETER OF A TREE: That measurement of the sizeldiameter of a tree as
determined by measuring at four and one-halffeet (4.S') above ground. For amulti-trunk
tree, the diameter shall be the total diameter of the largest trunk plus half {112) the
diameter of each additional trunk.
(3) PROTECTED TREE: A tree that the City has determined has significant positive
characteristics worthy of preservation as listed in Section 6.301.K that has a diameter of
six inches (6") or greater.
(4) SITE PLAN: A plan showing the location all the protected trees by size and species that
are six inches {fi") or greater on the site, the location of all easements, the location of all
proposed buildings, a grading plan, if applicable; the pratected trees desired to be
removed, the pratected trees that sha11 remain on the site, and an accompanying
document indicating the reason for the proposed removal of any protected tree, and if
applicable, a description on how the existing healthy pratected trees proposed to be
retained will be pratected from damage from construction.
(~) TREE REM®VAL: The cutting, destroying, removing, moving, poisoning, handing,
marking, or effectively destroying through damaging, any protected tree si#ua#ed an
property regulated by the Zoning Ordinance without first obtaining a tree removal pexxnit
from the City Forester.
(6) 'TREE REMOVAL PERMIT: A permit required to be issued by the City Forester prior
to the removal of any protected tree greater than six inches (6") in diameter ar greater on
land greater than one acre.
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 indirect
conflict with the provisions of such ordinances and such Cade, in which event conflicting provisions of
such ordinances and such Code are hereby repealed.
SECTION 4.
~t 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,
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paragraph or 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
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would
have been enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECT110N 5.
Any person, f rm, 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 One Hundred Seventy Five Dollars {$175.00) per diameter inch of the protected trees
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) far each offense.
SECT>10N 6.
All rights and remedies of the City of Fart Worth, Texas, are expressly saved as to any and all
violations of the provisions of Ordinance No. 13896 which have accrued at the time of the effective
date of this ordinance and, as to such accrued violations and all pending litigation, both civil and
criminal, 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.
SECT1iON 7.
The City Secretary of the City of Fart Worth, Texas, is hereby directed to publish the caption,
penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City
of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code.
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SECTCON 8.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
Assistant City rney
ADOPTED: 1.--. ~ ~' 0 5
EFFECTIVE: ~~~,- ~ C~