HomeMy WebLinkAboutOrdinance 18460-02-2009Ordinance No. 18460-02-2009
AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION" OF
THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED BY
AMENDING ARTICLE XII `FEE SCHEDULES SECTION 2-321
`ZONING AND PLATTING APPLICATION FEES TO ADD FEES
RELATED TO URBAN FORESTRY AND PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE PROVIDING A
SEVERABILITY CLAUSE PROVIDING A SAVINGS CLAUSE,
PROVIDING A PENALTY CLAUSE PROVIDING FOR PUBLICATION
IN THE OFFICIAL NEWSPAPER, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on January 6 2009 the City Council approved amendments to the Urban
Forestry ordinance; and
WHEREAS, the current per acre fee structure allows large acreage submittals to be charged
disproportionately related to the amount of staff time required to review the application, and
WHEREAS, the current fee structure allows applicants to make an unlimited number of plan
revisions under the original fee payment which does not reflect the amount of staff time needed for
review the revisions, and
WHEREAS, the City Council deems it appropriate to amend the fee schedule as it relates to
the newly amended Urban Forestry ordinance to allow the necessary fees to be charged,
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
321 Zoning and platting application fees" is amended by adding fees related to Urban Forestry to
read as follows
Sec. 2 321 Zomng and platting application fees.
(a) For services rendered, the following schedule of fees and charges is hereby adopted,
provided, however that such fees may be waived or refunded by action of the city council m
accordance with policies adopted by the city council
APPLICATION FEES
(16) Urban Forestry
(a) Application Fee for Staff Review
Base Fee-First five acres (up to 5.00 mcludm~ one revision $ 250 00
Additional acreage - 5.01 acres and over.. $ 15 00 per acre above base fee
Additional revisions (each).... $ 100 00
The acreage will be based on the prehmmar~plat or site plan whichever is appropriate
at the time of submission of the Urban Forestry Plan
(b) Application Fee for appeal hearing before Urban Design Commission. .$295 00
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
Crty of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are m
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 m this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4
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.
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SECTION 5.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and
all violations of the provisions of the Code of Fort Worth 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 m court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this
ordinance for two (2) days m the official newspaper of the City of Fort Worth, Texas, as authorized
by V T C.A. Local Government Code Subsection 52 013
SECTION 7
This ordinance shall take effect upon adoption and publication as required by law
APPROVED AS TO FORM AND LEGALITY
B ~ ~~ ~.
Y
Assistant City Attorney
ADOPTED February.3, 2009
EFFECTIVE
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/3/2009 `Ord. No. 18460-02-2009`
_. _ _.,ti~.T.. ~ ~, ~ __ , ~ - ..
DATE Tuesday February 03 2009
LOG NAME 06FORESTFEES
REFERENCE NO G-16449
SUBJECT
Adopt Ordinance Amending Chapter 2 Article XII of the City Code Fee Schedules Section 2 321(a)
'Zoning and Platting Application Fees by Revising Fees Related to Urban Forestry Applications
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending Chapter 2 Article
XII Fee Schedules Section 2 321(a) of the City Code by revising the fees related to Urban Forestry
Applications
DISCUSSION
The Urban Forestry Ordinance became effective on January 30 2007 as Section 6 301 K of the Zoning
Ordinance During the implementation of the ordinance over the last two years staff identified several
needed adjustments. On November 11 2008 the City Council received a briefing on the proposed
Zoning Ordinance text amendment and proposed fee schedule changes. This M&C and attached
ordinance address the fee changes
Staff presented the ordinance and fee changes to several members of the original Tree Preservation
Citizen Advisory Committee the Development Advisory Committee the Urban Design Commission and
the Zoning Commission To date no concern has been expressed regarding the fee changes.
Staff recommends changes to the fee schedule for several reasons. The current per-acre fee structure
causes large acreage submittals to be charged disproportionately since staff time associated with
application processing varies little with the size of the project. Most cases (76 percent) are five acres or
less in size and the current fee of $45 per acre does not reflect required staff time Also applicants may
currently make an unlimited number of plan revisions under the original fee payment.
Using the actual submittals for 2008 a comparison of the current and proposed fee structures shows that
the City would have collected only $861 00 more out of a total of $58 754 00 collected making the
changes revenue neutral
Base Fee
',Fee per addditional
acre over 5 acres
Fee per additional
revision over one
~:..
Current Fees
...................................................................................................
$45 00 per acre
Includes unlimited
revisions
None
None
$250 00 for first 5
acres Includes one
revision
$15 00
$100 00
Logname 06FORESTFEES Page 1 of 2
;Appeal hearing $295 00 j $295 00 (no change) ;
This fee schedule change would apply CITYWIDE
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that the Planning and Development Department,
Planning Division will be responsible for the collection and deposit of these funds
FUND CENTERS
TO FundlAccount/Centers
CERTIFICATIONS
Submitted for City Manager's Office bv:
Originating Department Head.
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (6122)
Susan Alanis (8180)
Jocelyn Murphy (6226)
Logname• 06FORESTFEES
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