HomeMy WebLinkAboutOrdinance 27616-04-2025ORDINANCE NO.27616-04-2025
AN ORDINANCE AMENDING CHAPTER 2, "ADMINISTRATION" OF
THE CODE OF THE CITY OF FORT WORTH (2015), AS AMENDED, BY
AMENDING ARTICLE XII "FEE SCHEDULES", SECTION 2-322
"PENALTIES AND MITIGATION FEES" TO AMEND THE FEE
SCHEDULE FOR URBAN FORESTRY; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it appropriate to amend the fee schedule as it relates
to services rendered for development, zoning and platting application fees to recover the costs
incurred by the City to provide services.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
Chapter 2, of the City Code of the City of Fort Worth, Article XII "Fee Schedules", Section
2-322 'Penalties and Mitigation Fees", is hereby amended to revise and add certain fees, to read
as follows:
(a) For ordnance violations of section 6.302. "Urban Forestry" of the Zoning Ordinance,
Appendix A of the City Code or development activities requiring mitigation, the follow
schedule of penalties and mitigation fees are hereby adopted; provided however, that
such fees may be waived or refunded by action of the City Council in accordance with
policies adopted by the City Council.
(b) Urban Forestry Penalties and Mitigation Fees:
a.Penalties
1. Unauthorized removal $300.00600.00/diameter inch
of non -significant trees or $7-5015.00/canopy sf
2. Unauthorized removal $600.091,200/diameter inch or
of significant trees $4-5--. 030.00 canopy sf
Penalty te—be— ass
es�sc
aeeefdiF,g-4u UrSx. Fe�
Seel o 6.302 Funds to be
deposited into PARD Park &
Recreation Department Tree
Fund
Penalty to be assessed
aeeer-lirg t3 the
Feres%j Ofdi ,aarao Section
6.302. Funds deposited into
DAB —Park & Recreation
Department Tree Fund
Ordinance No. 27616-04-2025 Pagel of 3
3. Administrative fee $500.00/case
assessed on penalties
b.Mitigation Fees
1. Removal of Significant
Trees
$300.00/diameter
$7.50/canopy sf
Funds deposited into the
P-&BDevelovment Services
Department aeeount to cover
staff investigative and
enforcement costs
inch or Dees -to bz -=sassed ^ eraiM^
Cow.tien 6.302, Available lable when
aw i Cant apes fed'—
See
section 6.302(Ly)(5). Funds
Deposited into PARD-Park &
Recreation Department Tree
Fund.
SECTION 2.
This Ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (2015), 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.
SECTION 3.
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 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.
SECTION 4.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and
all violations of the City Code, or any amendments thereto that have accrued at the time of the
effective date of this ordinances; and as to such accrued violations, and all pending litigation, both
civil and criminal, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
Ordinance No. 27616-04-2025 Page 2 of 3
SECTION 5.
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 Five Hundred Dollars ($500.00) for each offense. Each day that a violation
exists shall constitute a separate offense.
SECTION 6.
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 the Texas Local Government Code Subsection 52.013.
SECTION 7.
This ordinance shall take effect and be in full force and effect from and after its adoption,
and publication as required by law.
APPROVED AS TO FORM AND LEGALITY
aypj-�-
Christopher Austria
Senior Assistant City Attorney
ADOPTED: Aaril 22.2025
EFFECTIVE:Z4)bZ
ATTEST:
Jannette S. Goodall, City Secretary
Ordinance No. 27616-04-2025 Page 3 of 3
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04122/25 M&C FILE NUMBER: M&C 25-0323
LOG NAME: 06URBANFORESTRYFEEUPDATE
SUBJECT
(ALL) Adopt Ordinance Amending Chapter 2 "Administration," Article XII "Fee Schedules," Section 2-322 "Penalties and Mitigation Fees," of the
Code of the City of Fort Worth, to Increase the Civil Penalties for Unauthorized Tree Removal
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 2 "Administration," Article XII "Fee Schedules," Section
2-322 'Penalties and Mitigation Fees," of the Code of the City of Fort Worth, to increase the civil penalties for unauthorized tree removal.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to increase the civil penalties in Section 2-322 of the City Code for unauthorized
tree removal.
These changes are proposed as part of the ongoing implementation of the Urban Forestry Master Plan that City Council approved on June 25,
2024 (Resolution 5975-06-2024). The proposed fee changes have been discussed with the Urban Forest Master Plan Steering Committee and
the Development Advisory Committee and presented during the Council Work Session on April 1, 2025. The proposed changes are below.
ADMINISTRATION — Fee Schedule — Penalties and mitigation fees
Current Fee Proposed Fee
a. Civil Penalties
1. Unauthorized removal of $300/diameter inch or $600.00/diameter inch or
non -significant trees $7.50/canopy sf $15.00/canopy sf
2. Unauthorized removal of $600/diameter inch or $1,200.00/diameter inch or
significant trees $15.00/canopy sf $30.00/canopy sf
3. Administrative fee $500.00/case No adjustment
assessed on penalties
b. Mitigation Fees
1. Removal of significant $300.00/diameter inch or No adjustment
trees $7.50/canopy sf
It should be noted that in addition to assessing civil penalties, the City can also issue criminal citations for violations of the Urban Forestry
Ordinance. As part of the implementation of the Urban Forest Master Plan, City staff is recommending that the City Council increase the maximum
fine for criminal citations from $500.00 to $2,000.00. The proposed increase to the fines will be presented to City Council for consideration as part
of the proposed changes to the Urban Forestry Ordinance.
Definitions:
Significant trees - Protected species trees that measure at least 24 inches in diameter at breast height (dbh), 4.5 feet from the ground. For Post
Oaks and Blackjack Oaks, significant trees are 18 inches dbh.
Non -significant trees - Trees that are of a protected species, but do not have the size of a significant tree as defined above.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity_
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on City funds.
Submitted for Citv Manaaer's Office hv: Jesica McEachern 5804
Oriainatina Business Unit Head: D.J. Harrell 8032
Additional Information Contact: Jaclyn Ingram 8324
LaShondra Stringfellow 6214
Expedited