HomeMy WebLinkAboutOrdinance 27615-04-2025ORDINANCE NO.27615-Opt-2025
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE
NO.21653, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE
OF THE CITY OF FORT WORTH, BY AMENDING CHAPTER 6,
"DEVELOPMENT STANDARDS" OF ARTICLE 3, "LANDSCAPING,
BUFFERS, AND URBAN FORESTRY" TO REVISE SECTION 6.302
"URBAN FORESTRY" REGULATIONS RELATING TO TREE
COVERAGE, PRESERVATION, PLANTING AND MAINTENANCE;
AMEND CHAPTER 9, "DEFINITIONS," SECTION 9.101, "DEFINED
TERMS" TO REVISE DEFINITIONS RELATED TO URBAN FORESTRY;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, Chapter 211 of the Texas Local Government Code allows a municipality to
regulate land use for the purpose of promoting the public health, safety, morals, or general welfare
and protecting and preserving places and areas of historical, cultural or architectural importance
and significance; and
WHEREAS, the Attorney General of Texas has ruled that a home -rule city may enforce
its reasonable land development regulations for the purposes of maintaining aesthetics and
property values which would include landscaping and tree preservation (AG Opinion No. GA-
0697); and
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 the design and construction which contribute to the long-
term viability of existing trees and to control the removal of trees when necessary; and
WHEREAS, the City Council recognized that there was 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 in an expeditious manner and with due regard for the Iegal rights of property
owners; and
. WHEREAS, it was the intent of the regulations to limit the removal of tree canopy,
promote an urban forest, promote the orderly development of the City of Fort Worth, and to protect
the public health, safety and general welfare of the citizens of the City of Fort Worth; and
WHEREAS, the regulations had the following objectii es: to eliminate the process of clear
cutting; to promote the preservation/conservation of trees throughout the City; to recognize the
benefits of trees in the urban environment; to encourage the planting and preservation of quality
Section 6.302 Urban Forestry Ordinance Amendment Page 1 of 23
trees that are suitable to an area; to promote a safe environment that includes trees; to aid in
stabilizing the environment's ecological balance by contributing to the process 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; to provide visual buffering within and
between land uses of differing character to alleviate the harshness of urban life; to enhance the
beautification and aesthetics of the City; to safeguard and enhance property values and to protect
public and private investment; to conserve energy; to provide habitat for wildlife; and to encourage
the preservation of large trees which, once removed, can be replaced only after generations; and
WHEREAS, it is advisable that the City Council amend the urban forestry regulations
governing the preservation and removal of trees within the City; to allow the removal of trees that
are short lived and fast growing and invasive to disturbed land or open fields, to codify procedures
to increase efficiency and effectiveness, and to incentivize the installation of drought resistant and
a variety of tree types.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS AS FOLLOWS:
SECTION 1.
That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further
amended by repealing and reinstating in its entirety Appendix A, Chapter 6, "Development
Standards," Article 3 "Landscaping, Buffers and Urban Forestry," Section 6.302, to read as
follows:
§ 6.302 URBAN FORESTRY.
(a) Purpose. Trees have a positive economic effect on the city by enhancing property values,
mitigating drainage and flooding issues, improving air quality, helping save energy, and improving
health and quality of life, making the city a more attractive place in which to live, visit and do
business. It is the purpose of this section to achieve 30% tree canopy coverage citywide and to
promote a multi -aged urban forest. This may be accomplished by addressing the preservation and
protection of healthy and significant trees, providing for the replacement and replanting of trees
that are removed during development, and establishing additional tree canopy.
(b) Penalties for violations.
(1) Any person, firm or corporation who intentionally or knowingly violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of any provision of this
ordinance may be issued a citation and upon conviction thereof may be fined in an amount not to
exceed $2,000.00. In cases of offenses involving the illegal removal of trees or noncompliance
with an approved permit or urban forestry plan, the removal of each tree constitutes a separate
offense. In cases of continuing violation, each separate day that a violation continues constitutes a
separate offense.
(2) Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any provision of this ordinance may be subject to
a civil penalty in accordance with § 2-322 of the city code for the removal of trees. The civil
Section 6.302 Urban Forestry Ordinance Amendment Page 2 of 23
penalty authorized by this subsection may be imposed by the director in addition to the
misdemeanor penalty in paragraph (1) of this subsection. The imposition of a civil penalty may be
appealed to the city council. Any appeal must be made in writing and must be filed with the director
within ten calendar days following the date of the initial written decision of the director. The
director shall refer the appeal to the city council and the decision of the city council shall be final.
The appellant shall bear the burden of proof to show why, by preponderance of the evidence, the
civil penalty should not be assessed. The imposition of a civil penalty under this section suspends
all permits or permit applications issued to or for the benefit of the property and all work under
any such permits until the civil penalty is fully paid.
(3) Where illegal tree removal has occurred and the physical evidence has been removed from
the site, the civil penalty will be assessed based on calculations using any remaining physical
evidence, photos and documents available to the city, calculated in accordance with § 2-322 of the
city code for significant trees removed or damaged.
(4) a. The owner of a single lot within a one -family or two-family residentially zoned district
who removes or causes to be removed trees without first obtaining the required permit may be
issued an after -the -fact permit. An after -the -fact permit shall be issued if:
1. The applicant can demonstrate that the criteria for removal in the after -the -fact
application would meet the regulations in effect at the time the tree was removed: and
2. The applicant has paid the fee for an after -the -fact permit which shall be double the fee
for an urban forestry permit.
b. A citation may be issued in accordance with subsection (b)(1) for the removal or damage
of each tree and any other violation of this ordinance.
c. If the applicant cannot demonstrate that the criteria for removal in the after -the -fact
application would have met the current regulations, then an after -the -fact permit shall not be issued
and the person shall be in violation of this subsection, and the person shall be subject to both
criminal and civil penalties.
d. A second after -the -fact permit shall not be issued if-
1. The person who committed the violation has previously been issued an after -the -fact
permit: or
2. An after -the fact permit was previously issued for the same property within the previous
five years of the date of the second violation.
(c) Enforcement. Any code compliance officer or the urban forestry administrator shall have
the authority to enforce the provisions of this section.
(d) Applicability of urban forestry requirements. The requirements in Section 6.302 shall be
applicable to all development as described below, unless subject to the exemptions in subsection
(e) below:
(1) Removal of any trees of six inches or greater in diameter;
(2) Construction of new structures for which a building permit is required;
Section 6.302 Urban Forestry Ordinance Amendment Page 3 of 23
(3) Expansion of structures used for commercial/institutional and industrial uses that increase
the footprint of existing structures by at least 30% or add at Ieast 3,000 square feet to existing
structures;
(4) Clearing of all or a portion of property, including grading or construction of a parking Iot;
(5) Subdivision of land greater than one acre for the construction of one- or two-family
dwellings, including contiguous lots with the same owner that total more than one acre;
(6) Construction of manufactured home parks and recreational vehicle parks for which a
permit is required and private recreation facilities located in manufactured housing subdivisions;
(7) Mixed use ("MU") zoned properties. These properties must provide, through either
preservation or planting, 5 0 % canopy coverage of required open space;
(8) New agricultural development that requires tree removal; and
(9) Public projects that will physically change the surface or will include removal of trees six
inches or greater.
(e) Exemptions from urban forestry requirements. The following are not subject to urban
forestry requirements:
(1) Structures that do not create or expand building square footage or temporary structures
such as job shacks associated with construction activities, when no trees greater than six inches
are removed;
(2) Any single residential lot with a one- or two-family dwelling that is one acre or less in
size;
(3) Change in use of an existing structure, unless the structure is expanded in accordance with
subsection (d)(3) above;
(4) Any area within a design overlay district or form -based code unless the standards do not
address urban forestry;
(5) Construction or expansion of structures in the "H" central business district;
(6) Any area located within an airport operating area as defined by § 3-1 of the city code;
(7) Panther Island and work associated with the Trinity River Vision Project, including but
not limited to, valley storage projects.
(8) Any 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 as determined by the
urban forestry administrator; and
(9) Gas well sites and natural gas pipeline compressor stations, except as outlined in Chapter
15, gas drilling of the city code.
(f) Relief provisions. The purpose of this subsection is to grant a waiver to certain height and
setback requirements if the urban forestry regulations, as applied to a development, would
Section 6.302 Urban Forestry Ordinance Amendment Page 4 of 23
unreasonably burden the development of the property. The director or the director's designee
may grant relief in accordance with the following:
(1) Criteria for approval. In deciding whether to grant relief, the director or the director's
designee shall determine that:
a. all or a part of the urban forestry regulations may deprive the applicant of economically
viable use of the property;
b. the proposed design has minimized the loss of trees and canopy to the extent possible;
c. the relief requested will not injure the existing or permitted use of adjacent conforming
property, will not make the property substantially different from properties within the same zoning
category, has no adverse effects on adjacent properties, and would not result in an adverse effect
on traffic circulation, drainage or utilities; and
d. that tree preservation or mitigation unduly burdens the development of the property due
to a unique physical circumstance son the property or by reducing the developable portion of the
property to 25% of the property.
(2) Reliefprovided shall be limited to the following:
a. An increase in building height for properties zoned C, CR, CF, E, and ER, up to a
maximum of 14 additional feet above the height allowed in the applicable zoning district for the
property, subject to compliance with all requirements for building setbacks and bufferyards
adjacent to applicable residential districts; and
b. Up to a 50% reduction to the required front, rear or side yard setbacks.
(3) In instances where relief is granted, all requirements for tree preservation and canopy in
the urban forestry ordinance must be complied with.
(4) The director, and the director's designee, may decline to grant relief pursuant to this
subsection.
(g) General requirements. The following requirements apply to all development:
(1) Tree protection and maintenance.
a. 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 exterior work has been completed. Fencing shall meet the state minimum
standards of a four -foot orange plastic mesh net with T-posts. Significant trees shall be protected
with a minimum four -foot chain link fence with support cables and T-posts.
2. Signage. All fencing shall have signs attached everyone hundred feet which read "Keep
Out, Tree Protection Area" written in contrasting colors in both English and Spanish with letters
at least two inches in height. All signs must be at least ten inches high and fourteen inches wide.
Section 6.302 Urban Forestry Ordinance Amendment Page 5 of 23
3. Bark protection. In situations where a preserved tree remains in immediate area of
intended construction and the urban forestry administrator 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 two-inch by four -inch 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 contact by large construction equipment.
4. Canopy coverage protection. All trees being preserved for canopy coverage under
subsection 0)(4) below or a significant tree covered under subsection 0)(5) below due to size will
be protected during any development activities.
b. The protective measures in subsection (g)(1)(a) must occur on all trees located within 50
feet of development activities.
c. The protective measures in subsection (g)(1)(a) are required within the critical root zone
radius from the trunk at one foot per inch diameter measured at DBH.
d. The following activities within the critical root zone are prohibited:
1. No material intended for use in construction or waste material accumulated due to
excavation or demolition shall be placed within the limits of the critical root zone of any preserved
tree;
2. No equipment shall be cleaned or other liquids deposited or 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 or 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 preserved tree other than on existing street pavement;
5. No heavy equipment, including, but not limited to, trucks, tractors, trailers, bulldozers,
bobcat tractors, trenchers, compressors and hoists shall be allowed inside the critical root zone of
any preserved tree on any construction site without the specific approval of the urban forestry
administrator;
6. No grade change within the critical root zone of any preserved tree without submission
of a certified arboristlforester report dealing with protections and the report acceptance by the
urban forestry administrator; or
7. No filling activity in the critical root zone of any preserved tree may occur as a
permanent condition which may damage the tree. Tree wells may be used to ensure that the root
zone is protected.
e. Replacement of any preserved tree which dies within five years due to construction or
development activities will be the responsibility of the property owner. Replacement will be new
trees with a minimum of three inches each in diameter and equal to five times the lost canopy.
Tree replacement will be guaranteed for an additional period of two years.
Section 6.302 Urban Forestry Ordinance Amendment Page 6 of 23
(2) Construction methods.
a. 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 bore shall be the width of the critical root zone at a minimum and shall be a
minimum depth of 48 inches.
b. Grade change. In situations where the urban forestry administrator approves a grade
change within the critical root zone of a preserved tree, procedures and special conditions shall be
approved by the urban forestry administrator in advance of any work.
c. Trenching. All trenching shall be designed to avoid trenching across the critical root zone
of any preserved tree, unless otherwise approved by the urban forestry administrator. All work
within the critical root zone requires advance approval by the urban forestry administrator. 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 placed
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. Boring is required
for all underground utility lines that cross the critical root zone.
d. Rootpruning. All roots two inches or larger in diameter which are exposed as a result of
trenching or other excavation shall be cut off square with a sharp medium tooth saw and covered
with pruning compound within two hours of initial exposure.
e. Underground utilities. All 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.
f. Paving. No paving is allowed within the critical root zone of any preserved tree unless
otherwise approved by the urban forestry administrator. Approvals will be based upon best
management practices for tree preservation.
(3) Tree planting to achieve canopy coverage.
a. Trees planted to provide canopy coverage shall be a minimum of two and one-half to
three inches each in diameter and each tree planted will be credited canopy coverage at normal
maturity as follows, with canopy coverage credit being reduced at the discretion of the City if not
meeting the minimum spacing requirements:
1. Large canopy tree with typical crown width of 50 feet in diameter. Two thousand
square feet (minimum spacing of 40 feet on center);
2. Medium canopy tree with typical crown width of 30 feet in diameter. Seven hundred
square feet (minimum spacing of 24 feet on center); and
3. Small canopy tree with typical crown width of ten feet in diameter. One hundred square
feet (minimum spacing of eight feet on center).
b. Tree planting requirements: Table B is a list of protected species for the Fort Worth area.
Trees other than those listed in Table B will be considered by the urban forestry administrator and
granted on a case -by -case basis. The approval of additional species will be judged on adaptability,
long-term health and growth characteristics of the tree type.
Section 6.302 Urban Forestry Ordinance Amendment Page 7 of 23
c. The minimum size of tree planted will be two and one-half to three inches in diameter.
The caliper measurement of the trunk shall be taken at a point six inches above the ground if the
resulting measurement is no more than four inches in diameter. If the resulting measurement is
more than four inches, the measurement of the caliper shall be taken at 12 inches above the ground.
If the tree is multi -trunk, the main stem will be given full credit for its diameter and all other stems
will receive one-half credit. The total of all must be three inches or greater.
d. All newly planted trees that die within two years of the date of project completion must
be replaced by the current property owner. Any replacement tree that dies within two years of the
date the replacement tree is planted must be replaced by the current property owner. The
requirement to replace the trees shall run with the land.
e. A minimum of I6 square feet of permeable surfaces must be provided for all tree
plantings.
f. Expansion of structures used for commerciallinstitutional and industrial uses: Tree
plantings to achieve canopy coverage will be based only on the square footage of the expansion
footprint rather than the entire site to ensure at least minimal tree replacement. Only tree removal
permits for trees greater than six inches in diameter are required for expansions under 3,000 square
feet.
(4) Warranty/replacement. Any preserved tree that dies or becomes hazardous and a threat to
public safety or property due to construction activities within five years following the date of
issuance of the certificate of occupancy shall be replaced following the criteria outlined above for
tree preservation and significant tree replacement by the original applicant or assigned party.
(5) A certificate of occupancy shall not be issued until the requirements of subsection {j)
below are met.
(h) Specifc requirements based on land use. The city's goal to achieve a city-wide tree canopy
cover of at least 30% and to promote the functional distribution of that canopy throughout various
land uses as development occurs through a combination of planting and retention goals and
requirements for tree canopy cover. In support of the overall goal of tree canopy cover for the city,
the following land use requirements shall apply.
(1) One- and two-family residential land uses.
a. Minimum retained or planted canopy coverage shall be 40%;
b. Canopy for new subdivisions: the 40% canopy coverage requirement for one- and two-
family residential land uses will be reduced to 25% if:
1. One tree per residential lot is planted on all Iots up to 5,000 square feet in area;
2. One additional tree for each additional 5,000 square feet of lot area, or fraction thereof
is planted, up to a maximum of nine trees per residential lot; and
3. The remaining portion of the 25% canopy coverage may be provided in public rights -
of -way, parks, homeowner's association lots or boundary street parkways.
c. Phased development of residential subdivisions: residential subdivisions that are to be
developed in phases mustprovide a plan that complies with the retention requirements at full build -
Section 6.302 Urban Forestry Ordinance Amendment Page 8 of 23
out as approved on the preliminary plat. If a final plat requests credit for trees in undeveloped
phases or units that are planned for future development, it will be necessary for all subsequent plats
to identify trees for retention or provide mitigation as needed to obtain the required canopy
coverage percentage. Updated plans must be provided to urban forestry as the subdivision is
developed.
d. Canopy for existing platted residential lots over one acre:
1. Retained canopy coverage of 25%; and
2. Overall canopy coverage of 40%.
(2) Multifamily land uses. Minimum retained or planted canopy coverage shall be 50% of
open space.
(3) Institutional land uses. Minimum retained or planted canopy coverage shall be 30%.
(4) Commercial land uses. Minimum retained or planted canopy coverage shall be 30%.
(5) Mixed use land uses in "MU" mixed -use zoning. Minimum retained or planted canopy
coverage shall be 50% of open space.
(6) Industrial land uses. Minimum retained and planted canopy coverage shall be 20%.
(7) Surface parking areas.
a. Minimum canopy coverage shall be 40%;
b. The canopy coverage shall be achieved through preservation of existing trees or tree
planting within the parking field and drives;
c. No requirement for one- and two-family residential uses; and
d. 1. Credit shall be given for preserved or planted trees located outside the subject
property within the parkway of adjacent streets.
2. Trees planted to provide canopy coverage shall be a minimum of three inches each in
diameter and will be credited its canopy coverage at normal maturity as follows with canopy
coverage credit being reduced at the discretion of the City if not meeting the minimum spacing
requirements:
i. Large canopy tree with typical crown width of50feet in diameter. Two thousand square
feet (minimum spacing of 40 feet on center);
ii. Medium canopy tree with typical crown width of 30 feet in diameter. Seven hundred
square feet (minimum spacing of 24 feet on center); and
iii. Small canopy tree with typical crown width of ten feet in diameter. One hundred square
feet (minimum spacing of eight feet on center).
(8) Public projects (e.g., water, sewer, street or drainage).
a. Minimum retained and planted canopy coverage shall be 30%; and
Section 6.302 Urban Forestry Ordinance Amendment Page 9 of 23
b. Public projects may elect to mitigate required canopy coverage through payment into the
tree fund at a rate of $600 per required tree. No mitigation or payment in to the tree fund shall be
required if the public project does not prevent the surface from being restored to its original
condition or where the public project will not require tree removal.
(9) Agricultural land uses.
a. Minimum canopy retention shall be 25%.
b. New agriculture development will require documentation of the existing canopy
coverage and a detailed tree survey of the property prior to clearing or grading of the property. The
tree survey will include the location, size and species of tree. At the time of development a payment
of $200 per diameter inch will be required for up to 25% of the removed trees over six inches in
diameter. The canopy coverage and total diameter inch total will run with the Iand provided
approved documentation is recorded in the applicable county deed records.
(i) Delineation of artificial lot. If a developer wishes to develop a portion of a one acre or larger
tract, the developer may request that the Director of the development services department, or the
director's designee, delineate the portion of the tract to be developed as an artificial lot, for
purposes of calculating urban forestry requirements for the development. Artificial lots may be
delineated in any type of development, including schools and places of worship. All artificial lots
shall meet the following requirements:
(1) Contain the entire area on which the development is to occur, including all paved areas;
(2) Contain a land area of less than 50% of the entire tract, or, if the proposed artificial lot
contains more than 50% of the entire tract, the Director, or the director's designee, must determine
that a substantial amount of the tract is not affected by the proposed development; and
(3) Be delineated on the urban forestry plan as provided in subsection 0) below.
0) Urban forestry plan/permits. No activity subject to the urban forestry requirements shall be
conducted without the required permit for such activity, as further described below.
(I) Permits.
a. Tree removal permit is required:
1. Prior to the removal of a single tree. No permit shall be issued if the remaining canopy
coverage is less than the 25% minimum retention; or
2. For the removal of any tree six inches or greater in diameter.
b. Urban forestry permit is required:
1. For the removal of more than one tree;
2. For construction of new structures on properties where a building permit is required,
unless exempted under subsection (e) above.
c. An urban forestry plan is required to be submitted with the urban forestry permit.
Section 6.302 Urban Forestry Ordinance Amendment Page 10 of 23
d. An approved urban forestry permit will run with the land. If the project scope or
configuration changes prior to any disturbance of the land, the approved urban forestry permit is
invalid and the owner/developer shall apply for a new permit.
e. An urban forestry permit shall expire on the fifth anniversary of the date the permit was
issued if no progress has been made toward implementation of the urban forestry plan.
(2) Urban forestry plan.
a. Submission of an urban forestry plan is required for the issuance of an urban forestry
permit and is required before or at the time of application for building permit. At the time of
submission of the urban forestry plan, the applicant shall elect a method of preservation of existing
canopy under subsection 0)(4) below.
b. If no trees exist on the site, the applicant shall document the existing conditions and
comply with urban forestry plan application requirements below.
(3) Urban forestry plan application requirements. Prior to any platting activity, site plan
preparation and submission for development, demolition, disruptive activities (including clearing
and grading) or tree removal, the following information must be submitted through a two-part
process.
a. Part One: documentation of existing conditions.
1. The first submittal shall include two copies of scaled diagram of the subject property
in which development, disruption or tree removal is proposed. The scaled diagram may be an
engineered drawing, survey, air photo or other illustration. Part One will reflect the existing
conditions by including the following information:
i. Boundaries of the property and its calculated area, i.e., acres, square feet;
ii. Location map showing the proximity of the property to the nearest streets;
iii. Outline of the existing tree canopy area on the property and the calculated area
(square feet or acres) of existing canopy coverage, differentiating between the canopy of protected
and unprotected tree species using Tables A and B in subsection (n) of this Section. Properties
with no existing protected canopy shall indicate such conditions;
iv. Scaled existing or proposed utilities regulated by the public utility commission
and/or Texas railroad commission. Indicate the calculated area (square footage or acres) for these
rights -of -ways or easements;
and
v. Location of each significant tree as defined in § 9.101, its species and canopy area;
vi. Tables C, D, E and h in subsection (n) below.
2. Upon completion and approval of Part One documentation, tree removals will be
granted if a minimum of 50% of the existing protected tree canopy is retained. The documentation
of pre -development canopy coverage shall be maintained with the property until development
occurs. The required retention indicated in Part One documentation will be achieved within the
area remaining after the initial clearing.
Section 6.302 Urban Forestry Ordinance Amendment Page 11 of 23
3. Part One documentation shall expire on the second anniversary of the date of approval
if no progress has been made toward completion of a Part Two submission. If tree removals occur
after approval of Part One documentation, but the Part One documentation subsequently expires,
the new Part One application shall be based on the conditions on the property when the original
Part One application was submitted to the City.
b. Part Two: Components of the urban forestry plan. Part Two will overlay the proposed
improvements and removals/preservations/ plantings. Two copies shall be provided and shall
include the following information:
- 1. Scaled site plan depicting the location of proposed structures, parking areas, drives,
amenities, construction material storage areas, and other construction impacts;
2. Tree canopy areas that are desired to be removed;
3. Location and description of trees (large, medium or small canopy crown) that will be
planted from Table B to reach the minimum canopy as stated in subsection (h) above; and
4. Tables G and H in subsection (n) below.
(4) Preservation requirements for protected tree species canopy.
a. Existing canopy coverage of protected species shall be retained as follows:
1. A minimum of 25% of the tree canopy of protected trees listed in Table B of subsection
(n) on the property being developed must be retained;
2. A minimum of 50% of the tree canopy of post oaks and blackjack oaks on the property
must be retained and shall be credited towards the 25% minimum tree canopy required for
protected trees set forth in subsection 0)(4)(1); and
3. In addition to the requirements in subsections 0)(4)(1) and 0)(4)(2), significant trees
must be preserved as outlined in subsection 0)(5) below.
b. If only unprotected tree species exist on the property being developed, no preservation
requirement will apply, but the applicant shall provide additional documentation to verify the
existing conditions, including but not limited to, photographs or a report by an arborist. The
property may be inspected to verify the existing conditions.
c. An onsite tree survey noting the location, size and species, and canopy coverage of each
protected tree with a diameter of six inches or greater will be required. This survey shall be
completed and signed/sealed by one of the following: Texas licensed landscape architect, certified
arborist, Texas licensed landscape contractor or Texas certified nurseryman.
(5) Preservation ofsignificant trees.
a. Significant protected trees Iisted in subsection (n), Table B, that are 24 inches in diameter
(75.36 inches in circumference) and post oaks and blackjack oaks that are 18 inches in diameter
(56.55 inches in circumference) can only be removed by permit issued by the urban forestry
administrator. Preservation of a significant tree will be credited to the required preserved canopy
cover one and one-half times the actual canopy size.
b. Significant trees may be removed if one of the following conditions is met:
Section 6.302 Urban forestry Ordinance Amendment Page 12 of 23
1. An area one and one-half times the area of the canopy of the tree identified for removal
is retained on the same site or offsite when designated as part of the associated urban forestry
permit. If a significant post oak or blackjack oak is being removed, the retained canopy must be a
post oak or blackjack oak. For any other significant protected tree, the retained canopy may be
any protected species. The retained canopy shall be in addition to the required tree canopy coverage
on the site/tract;
2. Planting of new trees from the protected tree list (see Table B of subsection (n) below)
at five times greater in canopy area than the removed specific tree canopy. The additional planting
of five to one (5 to 1) will be in excess of the required tree coverage on the site or offsite when
designated as part of the associated urban forestry permit;
3. Payment into the tree fund in accordance with Section 2-322 of the City Code for the
mitigation fee for removal of significant trees; or
4. The Urban Design Commission approves a plan that mitigates the removal of
significant trees.
(6) Urban forestry plan amendments.
a. Minor amendments. Minor amendments to an approved urban forestry plan may be
approved administratively if one of three conditions below is met:
1. An increase in the total canopy;
2. Adjustments in the type of tree to be planted, considering that trees from the protected
tree list in Table B must be replaced with trees from the protected tree list in Table B; or
3. Any adjustments in planting location required due to site specific issues including
traffic circulation, safety, drainage or utilities, given that the adjustments include only the
relocation of trees of the same type and size as provided on the approved urban forestry plan. These
adjustments cannot include the removal or transplantation of a tree not considered in the approved
urban forestry plan.
b. Amendments that do not meet any of the conditions in subsection 0)(6)a. of this section
must be submitted to and approved by the urban design commission before construction begins.
(k) Urban forestry development agreement.
(1) The urban forestry development agreement ("agreement
a. The agreement is intended to facilitate the development of large tract developments, other
than single-family or two-family developments, under common ownership which would meet or
exceed an overall canopy coverage of 30% for all properties included in the agreement. The intent
of a development agreement is to allow areas with more extensive canopy to remain and contribute
to the 30% overall coverage while allowing the canopy in other development areas to be reduced.
Individual properties that are subject to the agreement are required to maintain canopy coverage
requirements for different Iand use types as outlined in subsection (k)(1)(c). below.
b. The original application for an agreement shall include an initial spreadsheet of minimum
canopies and acreages, the form of which is provided in Table I of subsection (n) below.
Thereafter, Table J of subsection (n) below shall be completed with the provided canopies and
Section 6.302 Urban Forestry Ordinance Amendment Page 13 of 23
acreages included at the time of each subsequent submittal as property/tracts are being developed.
These updates shall be provided at the time of submittal of each individual Part One document.
No approval shall be granted nor tree removals to be completed without the submission of the
Table J form as set forth in subsection (n) below.
c. The agreement must be presented to the city council for approval prior to its execution.
Any amendments may be approved administratively if the regulations of this subsection (k) are
satisfied. The initial submission for approval of an agreement shall include:
1. A map all of the properties to be included in the agreement, identified by land use and
acreage;
2. Individual maps of each land use -type (commercial, industrial, etc.); and
3. Table I of subsection (n) below.
(2) Overall Part One permit. An overall Part One permit as part of an agreement will be
issued if the following conditions are met:
a. Minimum acreage allowed shall be 1,000 acres with all of the acres to be located within
the same watershed. Applicant shall provide an exhibit depicting all of the property/tracts and
acreages that will be subject to the agreement;
b. The property/tracts subject to the agreement shall be separated by land use type, but shall
not include single-family or two-family development. Applicant will provide exhibits for each land
use type for the initial submittal and will update for subsequent submittals. Canopy requirements
will be tracked by land use type;
c. The minimum canopy coverage for each tract described in an agreement shall be:
Commercial
15%
Parking
40%
Industrial
10%
Parking
20%
Airport industrial
5%
Parking
20%
Multifamily
25% of required open space
d. All of the acreage to be included in an agreement shall be under common ownership at
the time of the agreement, under a currently approved overall Part One, or part of an approved
concept plan or preliminary plat. A list shall be provided of any separate corporations to be
included in an agreement documenting that all are part of the same parent company. The list shall
be provided with the initial overall Part One submission and shall provide the fling number
associated with the articles of incorporation filed with the Texas Secretary of State.
e. The overall Part One permit shall not expire for a period of 15 years and may be renewed
for additional ten-year periods. Renewals will be approved administratively if the permit remains
under the same terms and conditions of the original agreement approved by the city council or
with amendments approved administratively. Progress shall be defined as the platting, permitting
or vertical construction on the properties. The expiration period in subsection 0)(3)a.3. above shall
apply to the individual Part One submissions. Individual Part One permits shall be defined as
property/tracts that are submitted for approval after the date of execution of the agreement.
Section 6.302 Urban Forestry Ordinance Amendment Page 14 of 23
£ The agreement shall run with the land and properties which are included in the original
agreement and subsequently sold shall remain under the terms of the agreement regardless of future
ownership. The agreement shall be recorded in the real property records in the county which the
property subject to the agreement is located. Recordation shall be the responsibility of the
applicant, including the cost of recording fees. Within 14 days after execution and recordation, a
copy of the recorded documentation shall be provided to the city. The Part One permit shall not be
issued until the recorded copy is received.
g. Future acquired properties by the original applicant of the agreement may be included in
the agreement after a recalculation of the canopy coverage and approval by staff if the conditions
of this section are met. Acquired properties not included in the agreement shall be subject to the
regulations of this section. Additional properties may not be included into the agreement within
three years of the end of the initial term of the agreement. No properties shall be allowed to be
added to the agreement during any renewal terms.
(1) Conservation Easements. A conservation easement to ensure the continual preservation of
the trees being planted or preserved may be granted to a land trust or other public agency approved
by the City in accordance with this subsection under the following conditions: 1) when approval
is granted by the urban forestry administrator for trees to be preserved or planted on a separate
property from the property being developed; and 2) the form of the easement is acceptable to the
City Attorney's Office.
(m) Appeals.
(1) If the urban forestry administrator, or other city official, refuses to accept or issue an urban
forestry plan/permit, or if the applicant disagrees with the decision of city staff, the applicant may
request an appeal of the decision to the urban design commission within ten days after the decision
of city staff. The appeal shall be in writing and shall be transmitted to the executive secretary of
the urban design commission within ten days after receipt of notification that the urban forestry
administrator will not accept the urban forestry plan/permit.
(2) The urban design commission shall consider the appeal within 30 days after the appeal is
received by the board's executive secretary or as soon thereafter as reasonably practical, unless the
applicant requests a later hearing in writing. The urban design commission shall not release the
applicant from the requirements of this ordinance, unless the applicant first presents credible
evidence from which the urban design commission can reasonably conclude application of this
ordinance to the applicant would be likely to deprive the applicant of rights protected by law.
(3) The urban design commission may take the following actions on an appeal:
a. Deny the appeal, in which case the urban forestry plan/permit shall not be accepted or
granted;
b. Grant the appeal and direct the urban forestry administrator to accept and approve the
urban forestry plan/permit; or
c. Grant the appeal subject to such provisions, conditions or limitations as deemed
appropriate by the urban design commission.
Section 6.302 Urban Forestry Ordinance Amendment Page 15 of 23
(4) In no event shall acceptance of an application guarantee that the city will issue the urban
forestry plan/permit, unless the permit application is in compliance with all applicable codes, laws
and regulations.
(5) Appeals of the urban design commission will be heard in accordance with Section
2.102(g) of the Zoning Ordinance.
(n) Tables.
Table A.
Unprotected Tree Species
Ash
Fraxinus sp.
Ash juniper
Juniperus ashei
Bradford pear
Pyrus calleryana
Chinaberry
Melia azeoarach
Chinese Tallow
Triadica sebifera
Cottonwood
Populus deltoides
Golden raintree
Koelreuteria paniculata
Hackberryl Sugarberry
Celtis laevigata
Ligustrum
Ligustrum sp.
Mesquite
Prosopis glandulosa
Mimosa
Albizia julibrissin
Mulbery
Morus alba
Osage Orange/ Bois de'Arc (fruiting)
Maclura pomifera
Siberian elm
Ulmus pumila
Silver maple
Acer saccharinum
Tree of Heaven
Ailanthus altissima
Willow
salix sp.
* Any species of tree, shrub, vine or grass listed in the Nonnative Invasive
Plants of Southern Forests, published by the United States Department of
Agriculture Forest Service.
Table B.
Protected Species
Large Canopy Trees over 40 feet tall and 20 inches or more in diameter when mature
American elm
Rmus americana
Not recommended for parking lots
Baldcypress
Taxodium distichum
Not recommended for parking lots
Black walnut
Juglans nigra
Section 6.302 Urban Forestry Ordinance Amendment Page 16 of 23
Bur oak*
Quercus macrocar a
Cedar elm*
Ulmus crassi olia
Chinquapin oak*
Quercus muhlenber ii
Lacebark elm
Ulmus parvifolia
Live oak*
Quercus vir iniana
Pecan
Cara illinoinensis
Not recommended for high heat areas
Pond cypress
Taxodium ascenders
Post oak
Quercus stellate
Must preserve 50% if on site
Red oak
Quercus shumardii
of recommended for high heat areas
Medium Canopy Trees 25 to 50 feet tall, 10 to 20 inches in diameter when mature
Afghanpine*
Pinus elderica
Arizona cypress*
es eroc aris arizonica
Blackjack oak
Quercus marilandica
Must preserve 50% if on site
Bigtooth maple*
cer grandidentatum
`Caddo' maple*
Acer saccharum `Caddo'
Chinese istache*
Pistache chinensis
Eastern redeedar*
Juniperus vir iniana
Ginkgo
Ginkgo biloba
Japanese Black Pine
Pinus thunber iana
Lacey oak
Quercus lace i
Monterrey oak*
uercus al mor ha
Shantung maple
Acer truncatum
Shin oak (Bigelow)
uercus sinuata var. breviloba
Southern ma olia
Magnolia grandiflora
Not recommended for high heat areas
Texas red oak
Quercus buckle i
Trident maple
Acer buer erianum
Western soa be *
a Indus sa onaria
Small Canopy Trees less than 25 feet tall or 10 inches in diameter when mature
American smoketree
Cotinus obovatus
Carolina buckhorn
Not recommended for high heat areas
_Frangulacaroliniana
Cherry -laurel
Prunus caroliniana
Cra em rtle*
Lagerstroemia indica
Desert willow*
Chilo sis linearis
Eve's necklace*
Stvphnolobium a ine
Indian cherry
Franzula caroliniana
Japanese maple
cer palmatum
Not recommended for high heat areas
Mexican buckeye
Un adia s eciosa
Mexican plum
Prunus mexicana
Possumhaw holly
Ilex decidua
Rough -leaf dogwood
Cornus drummondii
Not recommended for high heat areas ,
Rusty blackhaw
Viburnum ru idulum
Texaspersimmon*
Diospyros texana
Texas redbud
Cercis canadensis var. texensis
Vitex
Vitex a us-castus
Section 6.302 Urban Forestry Ordinance Amendment Page 17 of 23
Waxm le
rica ceri era
Yau on holly*
Vlex vomitoria
* Drought tolerant species
Table C. Net Urban Forestry Area
Net Urban Forestry Area
Square
Feet
Acres
Gross area of property
Utility rights -of -way or easements regulated by the public utility commission/Texas
railroad commission
—
Net urban forestry area
Table D. Required Tree Canopy Area
Square Feet
Acres
Net urban forestry area
Land use/canopy coverage ratio
x
One- or two-family (40% coverage)
One- or two-family with trees planted on
individual lots (25% coverage)
Commercial (30% coverage)
Industrial (20% coverage)
Required canopy coverage
Table E. Minimum Canopy Retention
Square Feet
Acres
Existing tree canopy area
Preservation requirement
X 0.25
X 0.25
Preservation requirement for post oak and blackjack oak
X0.5
X 0.5
Minimum retention
Section 6.302 Urban Forestry Ordinance Amendment Page 18 of 23
Table F. Significant Tree Removal
Calculation
Inches
DBH
Canopy Sq. Ft.
All Post Oaks/Blackjack Oaks 18inches DBH
All other trees 24 inches DBH
Total of significant trees to be preserved
Significant tree preservation credit
(sq. ft. x
1.5)
Total of significant trees to be removed
0
Removal options (choose one):
Retention of existing canopy 1.5X the canopy of removed
significant trees —in excess of minimum retention
(sq. ft. x
1.5)
Planting additional trees 5X the canopy of removed significant
trees —in excess of total planting
(sq. ft. x 5)
Payment into tree fund for total inches DBH of significant trees
removed per inch DBH in accordance with Section 2-322 of
the City Code
(sq. ft. x
$300)
Urban design commission approved plan that mitigates the
removal of the signif cant tree(s)
Table G. Tree Preservation and Planting Area -
Square feet
Acres
Area of existing tree canopy retained
Planting
large canopy trees @ 2,000 square feet per
tree
(minimum spacing of 40 feet on center)
medium canopy trees @ 700 square feet per
tree
(minimum spacing of 24 feet on center)
small canopy trees @ 100 square feet per tree
(minimum spacing of 8 feet on center)
additional trees
Total preservation and planting
Section 6.302 Urban Forestry Ordinance Amendment Page 19 of 23
Table H. Parking Canopy Area
Parking Areas for Commercial or Industrial Uses
Square Feet
Acres
Area of parking and drives
Required canopy coverage of parking areas
X 0.4
X 0.4
Required canopy coverage
Area of canopy coverage being provided
Table I. Initial Urban Forestry Development Agreement
Overall Canopy
(enter Land Use Type) - Part I
Net Urban Forestry Area
Square Feet
Acres
Gross area of property
Utility casements
Net urban forestry area
Required Tree Canopy Area
Square Feet
Acres
Net area
Canopy ratio
Required tree canopy coverage
Preservation/Retention of Existing Canopy
Square Feet
Acres
Existing tree canopy
Preservation requirement (20, 30, 409/o)
Minimum retention of existing tree canopy
Area of existing tree canopy retained
Preservation ratio
Retention of Canopy for Significant Tree Canopy Removal
Square Feet
Acres
Significant tree canopy to be removed
Preservation requirement (150%)
Minimum retention of existing tree canopy for removal of
significant tree canopy
Area of existing tree canopy retained for removal of significant
tree canopy
Section 6.302 Urban Forestry Ordinance Amendment Page 20 of 23
Table J. Urban Forestry Development Agreement Canopy Tracking
UFC
#
Project
Name
Project
Address
Site
Acreage
Usage
Class
Canopy
Coverage
Required (sq. ft.)
Canopy
Coverage
Provided (sq. ft.)
Off Site
Mitigation?
(Y/N)
Beginning
Land Balance
Ending
Land
Balance
SECTION 2.
That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further
amended by amending Appendix A, Chapter 9, "Definitions" of the Zoning Ordinance of the City
of Fort Worth, Section 9.101, "Defined Terms" to amend certain definitions related to urban
forestry to read as follows:
§ 9.101 DEFINED TERMS
URBAN FORESTRY ADMINISTRATOR GFTY Fn D UTEK For the purpose of tree
preservation, that person or persons designated by the director of planning and development. the
development services department to provide administrative review and approval of urban forestry
plans/permits (urban forestry compliance section).
PROTECTED TREE. Any tree listed in subsection n, Table AB, Section 6.302.
SIGNIFICANT OR LAR TREE. A protected tree that is 24 24 inches in diameter 75.36
84.82 inches in circumference) for- the efiti_o a ty or 18 inches in diameter (56.55 inches in
circumference) for post oaks and blackjack oaks east of later -state Highway 35 West.
TREE. A woody plant having at least one well-defined stem or trunk, a defined crown and a
mature height of at least ten feet. .
URBAN FORESTRYPLAN. A plan showing the Iocation of existing canopy coverage and any
trees that are classified as large or significant as per § 6.302(,". on the site, the location of all
easements, the location of all proposed buildings, a grading plan, if applicable; the trees desired 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.
SECTION 3.
That the zoning regulations and districts, as herein established, have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and general welfare of the community. They have been designed to lessen congestion in the
Section 6.302 Urban Forestry Ordinance Amendment Page 21 of 23
streets; to secure safety from fire, panic, flood and other dangers; to provide adequate light and air;
to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the
adequate provisions of transportation, water, sewerage, parks and other public requirements. They
have been made after full and complete public hearing with reasonable consideration, among other
things, of the character of the district and its peculiar suitability for the particular uses and with a
view of conserving the value of a building and encouraging the most appropriate use of land
throughout the community.
SECTION 4.
That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth
affecting zoning and shall not repeal any of the provisions of such ordinances, except in those
instances where provisions of such ordinances are in direct conflict with the provisions of this
ordinance.
SECTION 5.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
and•all violations of Ordinance Nos. 3011, 13896, 21653 or any amendments thereto that have
accrued at the time of the effective date of this ordinance; and as to such accrued violations, and
all pending litigation, both civil or criminal, same shall not be affected by this ordinance but may
be prosecuted until final disposition by the courts.
SECTION 6.
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 or section of this ordinance shall be declared void, ineffective or unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or
sections of this ordinance, since the same would have been enacted by the City Council without
the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 7.
That 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
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 8.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized
by V.T.C.A. Local Government Code Subsection 52.013.
Section 6.302 Urban Forestry Ordinance Amendment Page 22 of 23
SECTION 9.
That this ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
1.0p�
Christo her Austria Sr. Assistant City Attorney Jannette Goodall, City Secretary
Adopted: April 22, 2025
Effective:
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Section 6.302 Urban Forestry Ordinance Amendment Page 23 of 23