HomeMy WebLinkAboutOrdinance 18615-05-2009ORDINANCE NO 18615-OS-2009
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE
NO 13896, AS AMENDED CODIFIED AS APPENDIX A OF THE
CODE OF THE CITY OF FORT WORTH, BY AMENDING CHAPTER 6,
`DEVELOPMENT STANDARDS TO DELETE SUBSECTION K OF
SECTION 6.301 `LANDSCAPING AND RE-LETTER THE REMAINING
SUBSECTIONS TO ADD A NEW SECTION SECTION 6.302 ENTITLED
`URBAN FORESTRY" TO INCLUDE AND REVISE THE CONTENTS OF
SUBSECTION K RELATED TO TREE COVERAGE, PRESERVATION
PLANTING AND MAINTENANCE, 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 mumcipahty 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 rt 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 a Citizen Advisory Committee was formed in 2004 m response to citizen
concerns regarding the practice of clear cutting, to study tree preservation practices m other cities
and recommend possible regulations related to tree preservation to the City Council of Fort
Worth, 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 m an expeditious manner and with due regard for the legal rights of property
owners, and
WHEREAS, on October 3 2006 the City Council of Fort Worth approved Ordinance
Number 17228 to provide for regulations for the protection and replacement of trees in the City
of Fort Worth, and
WHEREAS, rt was the intent of the 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 and general welfare of the citizens of the City of
Fort Worth, and
WHEREAS, the regulations had the following objectives 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 trees that are suitable to an area, to promote a safe environment that includes trees, to aid
m 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 m 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 replace
only after generations,
WHEREAS since the adoption of Ordinance Number 17228, staff has recognized a need
to amend the regulations to provide clarity and to make the provisions easier to implement by
moving the regulations to a separate subsection under landscaping; and
WHEREAS, it is advisable that the City Council amend Ordinance Number 17228
regarding the urban forestry regulations governing the preservation and removal of trees within
the Crty
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, AS FOLLOWS
SECTION 1
The title of Article 3 `Landscaping and Buffers" is hereby amended to add urban forestry
to read as follows
Article 3. Landscaping, Buffers and Urban Forestry
SECTION 2.
Section 6 301 `Landscaping" is hereby amended by deleting subsection K `Preservation
of Trees" and re-lettering the remaining sections. The Code of the Crty of Fort Worth, Texas
(1986), as amended, is hereby amended to replace all references to `Section 6.301K with
`Section 6.302
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SECTION 3
Chapter 6 `Development Standards" of Article 3 `Landscaping, Buffers and Urban
Forestry" is hereby amended to add a new section, Section 6 302 `Urban Forestry" to add and
revise the contents previously contained in Section 6 301.K relating to tree coverage,
preservation, planting and maintenance, to read as follows.
6.302. Urban Forestry
A. Purpose
It is the purpose of this section to achieve thirty percent (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 sigmficant trees, providing for the replacement
and replanting of trees that are removed during development, and estabhshmg additional tree
canopy
B. Applicability of Urban Forestry Requirements
These requirements shall be applicable to all development as described below unless subject
to the exemptions in Paragraph C
1 Removal of any trees of six (6) inches or greater m diameter
2. Construction of new structures for which a building permit is required.
3 Expansion of structures used for commercial/institutional and industrial uses that increase
the footprint of existing structures by at least thirty percent (30%) or add at least three
thousand (3 000) square feet to existing structures.
4 Clearing of all or a portion of property including grading or construction of a new
parking lot.
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 m manufactured housing
subdivisions.
7 Mixed Use (MU) zoned properties. These properties must provide, through either
preservation or planring, fifty percent (50%) canopy coverage of required open space.
8 New agricultural development that requires tree removal.
9 Public projects that will physically change the surface or will include removal of trees six
(6) inches or greater
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C. 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 fob shacks associated with construction activities, when no trees greater than six
(6) inches are removed,
2 Any single residential lot with a one or two-family dwelling that is one (1) acre or less m
size.
3 Change m use of an existing structure, unless the structure is expanded m accordance
with Paragraph B.3 above;
4 Any area within a design distract unless the standards for that distract do not address
urban forestry
5 Construction or expansion of structures m the `H" Central Business Distract.
6 Any area located within an airport operating area as defined by Section 3 1 of the City
Code.
7 Any tree that is deemed to be in unsafe condition, or is in~uraous to common good, or to
electracal, 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.
8 Gas well sites and natural gas pipeline compressor stations, except as outlined in
Chapter 15 Gas Draping of the City Code.
D General Requirements
The following requirements apply to all development:
1 Tree Protections and Mamtenance•
a. Procedures required prior to development activities
i. Protective Fencing: Praor 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 hmrts of the cratical root zone of the tree to
protect it from development activities. All protective fencing shall be in place praor to
commencement of any site work and remain m place until all exterior work has been
completed. Fencing shall meet the state minimum standards of a four (4) foot orange
plastic mesh net with t-posts, including a top rail or other type of support. Significant
trees shall be protected with a minimum four (4) foot chain hnk fence with support
cables and t-posts.
u. Bark Protection. In situations where a preserved tree remains in immediate area of
intended construction and the City Forester determines the tree bark to be m 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
(2 x 4') lumber encircled with wire or other means that does not damage the tree.
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The intent is to protect the bark of the tree against incidental contact by large
construction equipment.
iii Canopy Coverage Protection. All trees being preserved for canopy coverage
under Section 6.302 G 4 or a Significant or Large Tree covered under Section
6.302G 5 due to size will be protected during any development activrties.
Development activities will include vegetation removal, grading, demolition,
installation of utilities and/or construction of structures and site amenities.
b Protective measures (as defined m this section) must occur on all trees located within
fifty (50) feet of development activities.
c. Protective measures are required within the critical root zone radius from the trunk at
one (1) foot per inch diameter measured at Breast Height (DBH)
d. The following activities within the critical root zone are prohibited.
i. No material intended for use m construction or waste material accumulated due to
excavation or demolition shall be place within the limits of the critical root zone
of any preserved tree;
u 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,
iii. No signs, wires or other attachments, other than those of a protective nature, shall
be attached to any preserved tree,
iv 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; or
v 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
vi. No grade change within the critical root zone of any Preserved Tree without
submission of a certified arborist/forester report dealing with protections and the
report acceptance by the City Forester
vii. No filling activity m 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.
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e. Replacement of any Preserved Tree which dies within five (5) years due to
construction or development activities will be the responsibility of the original
applicant. Replacement will be new trees with a minimum of three (3) inches each m
diameter and equal to five (5) times the lost canopy Tree replacement will be
guaranteed for an additional period of two (2) years.
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 forty-eight (48) inches.
b Grade change• In situations where 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.
c. 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
irngation 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. Root pruning All roots two inches or larger m 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 (2) hours of initial
exposure.
e. Underground utilities All onsite underground utilities with backfill other than onsite
material shall have a clay dam every two hundred (200) feet for the entire length of
the utility placement.
f. Paving No paving is allowed within the critical root zone of ariy preserved tree
unless otherwise approved by the City Forester Approvals will be based upon best
management practices for tree preservation.
3 Tree planting to achieve the goal of canopy coverage
a. Trees planted to provide canopy coverage shall be a minimum of two and one half to
three inches (2 5 to 3 ') each in diameter and will be credited its canopy coverage at
normal maturity These credits are as follows
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i. Large canopy tree with typical crown width of fifty (50) feet mdiameter -two
thousand (2,000) square feet (minimum spacing of forty (40) feet on center)
u. Medium canopy tree with typical crown width of thirty (30) feet indiameter-
seven hundred (700) square feet (minimum spacing of twenty-four (24) feet on
center)
iii Small canopy tree with typical crown width of ten (10) feet mdiameter-one
hundred (100) square feet (minimum spacing of eight (8) feet on center)
b Tree planting requirements Table H is a list of desirable and adapted trees for the
Fort Worth area. Other trees other than those in Table H will be considered by the
City Forester and granted on a case-by-case basis. The approval of additional species
will be fudged on adaptability long-term health and growth characteristics of the tree
type.
c. The minimum size of tree planted will be two and one-half to three inches (2 5 to 3 ')
in diameter The caliper measurement of the trunk shall be taken at a point six (6)
inches above the ground if the resulting measurement is no more than four (4) inches
in diameter If the resulting measurement is more than four (4) inches, the
measurement of the caliper shall be taken at twelve (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 (1/2) credit. The total of all must be three (3) inches
or greater
d. All newly planted trees that die within two (2) years of the date of project completion
will be replaced: The replacement tree Carnes the same two (2)-year replacement
requirement. The requirement to replace the trees shall run with the land.
e. A minimum of sixteen (16) square feet of permeable surfaces must be provided for all
tree plantings.
f. Expansion of structures used for commercial/institutional 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 (6) inches in
diameter are required for expansions under three thousand (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 (5) years following the date of issuance
of the Certif Cate of Occupancy shall be replaced following the criteria outlined above for
tree preservation and significant tree replacement by the original applicant or assigned
party
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5 A Certificate of Occupancy shall not be issued until the requirements of Section 6.302 G
are met.
E. Specific Requirements based on Land Use
The City's goal to achieve a city-wide tree canopy cover of at least thirty percent (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 forty percent (40%)
b Canopy for New Subdivisions
The forty percent (40%) canopy coverage requirement for one and two- family
residential land uses will be reduced to twenty five percent (25%) if
i. One tree per residential lot is planted on all lots up to five thousand (5 000) square
feet m area,
ii. One additional tree for each additional five thousand (5 000) square feet of lot
area, or fraction thereof is planted, up to a maximum of nine trees per residential
lot; and
iii. The remaining portion of the twenty five percent (25%) canopy coverage may be
provided m public nghts-of way parks, homeowner association lots or boundary
street parkways.
c. Phased Development of Residential subdivisions.
Residential subdivisions that are to be developed mphases -must provide a plan that
complies with the retention requirements at full build-out as approved on the
preliminary plat. If a final plat requests credit for trees m undeveloped phases or
units that are planned for future development, rt 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:
i. retained canopy coverage of twenty five percent (25%)
ii. overall canopy coverage of forty percent (40%)
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2 Multifamily land uses
a. Minimum retained or planted canopy coverage shall be fifty percent (50%) of open
space.
3 Institutional land uses.
a. Minimum retained or planted canopy coverage shall be thirty percent (30%)
4 Commercial land uses
a. Minimum retained or planted canopy coverage shall be thirty percent (30%)
5 Mixed Use land uses m MU Mixed Use Zoning:
a. Minimum retained or planted canopy coverage shall be fifty percent (50%) of open
space.
6 Industrial land uses
a. Minimum retained and planted canopy coverage shall be twenty percent (20%)
7 Surface parking areas
a. Minimum canopy coverage shall be forty percent (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,
d. Credit shall be given for preserved or planted trees located outside the subject property
within the parkway of adjacent streets.
i. Trees planted to provide canopy coverage shall be a minimum of three inches each
m diameter and will be credited its canopy coverage at normal maturity These
credits are as follows.
(a) Large canopy tree with typical crown width of fifty (50) feet indiameter-
two thousand (2,000) square feet (minimum spacing of forty (40) feet on
center)
(b) Medium canopy tree with typical crown width of thirty (30) feet m
diameter-seven hundred (700) square feet (minimum spacing of twenty four
(24) feet on center)
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(c) Small canopy tree with typical crown width of ten (10) feet mdiameter-one
hundred (100) square feet (minimum spacing of eight (8) feet on center)
8 Public projects (e.g. water sewer street, or drainage)
a. Minimum retained and planted canopy coverage shall be thirty percent (30%)
b Public projects may elect to mitigate required canopy coverage through payment into
the tree fund at a rate of six hundred dollars ($600 00) per required tree. No
mitigation or payment m 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 twenty five percent (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 two hundred dollars ($200 00) per diameter inch
will be required for up to twenty five percent (25%) of the removed trees over six (6)
inches m diameter The canopy coverage and total diameter inch total will run with
the land provided approved documentation is recorded in the applicable county deed
records.
F 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 Planning and Development Director 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 maybe delineated m 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 fifty percent (50%) of the entire tract, or if the proposed
artificial lot contains more than fifty percent (50%) of the entire tract, the Director 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 G below
G 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
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1 Permits
a. Tree Removal Permit is required
i prior to the removal of a single tree. No permit shall be issued if the remaining
canopy coverage is less than the twenty five percent (25%) minimum retention, or
u for the removal of any tree six (6) inches or greater m diameter
b Urban Forestry Permit is required.
i for the removal of more than one (1) tree;
ii. for construction of new structures on properties where a building permit is
required, unless exempted under Section 6 302 C
c. An Urban Forestry Plan is required to be submitted with the Urban Forestry Permit.
d. An approved Urban Forestry Permit will run with the land. If the project scope or
configuration changes pnor 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.
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 Section 6.302 G 4
If no trees exist on the site, the applicant shall document the existing conditions and
comply with Urban Forestry Plan Application Requirements below but shall not be
required to elect a method of preservation of existing canopy under Section 6 302 G 4
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 atwo-part process
a. Part One• Documentation of Existing Conditions
i. The first submittal shall include two (2) copies of a scaled diagram of the subject
property m which development, disruption or tree removal is proposed. The
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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.
a. Boundaries of the property and its calculated area i.e. acres, square feet;
b Location map showing the proximity of the property to the nearest streets,
c. Outline of the existing tree canopy area on the property and the calculated area
(square feet or acres) of existing canopy coverage. Properties with no existing
canopy shall indicate such conditions,
d. 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,
e. Location of each Significant or Large Tree as defined m Chapter 9 its species
and canopy area,
f. Tables B C D and E m Section 6 302.L.
ii. Upon completion and approval of Part One documentation, tree removals will be
granted if a minimum of fifty percent (50%) of the existing tree canopy is
retained. The documentation of pre-development canopy coverage shall be
maintained with the property until development occurs. The required retention
indicated m Part One documentation will be achieved within the area remaining
after the mrtial clearing.
iii. 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.
b Part Two Components of the Urban Forestry Plan.
Part Two will overlay the proposed improvements and removals/preservations/
plantings. Two (2) copies shall be provided and shall include the following
information.
i Scaled site plan depicting the location of proposed structures, parking areas,
drives and amenities,
ii Tree canopy areas that are desired to be removed,
iii Location and description of trees (large, medium or small canopy crown) that will
be planted from Table F to reach the minimum canopy as stated m 6 302E
iv Tables G and H m Section 6 302.L.
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4 General Preservation Methods of Tree Canopy
At the submission of an Urban Forestry Plan/Permrt Application, the applicant shall elect
one of the following tree preservation of existing canopy compliance methods
a. Method A Preservation of existing canopy coverage regardless of tree species
i. At least twenty-five percent (25%) of the existing canopy coverage must be
retained, regardless of tree species, on all properties greater than one acre,
provided however Significant or Large Trees must be preserved as outlined m
Section 6.302 G 5 The existing canopy can be determined via recent air photo,
on the ground survey or other approved method by the City Forester
ii. Property located in floodplams or located m areas that will be dedicated to public
spaces may be counted toward the required twenty five percent (25%) minimum
retention,
iii. Calculation of all canopy coverage and retention areas will not include utility
nghts-of way or easements covered under the rules and regulation of the public
utility commission, and/or Texas Railroad Commission,
rv To remove more than the minimum retention will require a waiver from the
Urban Design Commission,
v The overall canopy coverage percentage requirement must be met by planting the
size and species of Protected Trees in Table A, `Protected Trees" in Section
6.302.L.
b Method `B" Preservation of existing canopy coverage using Protected Trees only
Protected Trees must be on the site to use this method. See Table A of Section
6.302.L. for a list of Protected Trees
For property greater than one acre, at least twenty five percent (25%) of the
Protected Trees must be retained, provided however Significant or Large Trees
must be preserved as outlined m Section 6 302 G.5 The total overall retained and
planted canopy coverage for the applicable land use must meet a total of five
percent (5%) over the required minimum canopy coverage. (e.g. residential
coverage would be a minimum of forty five percent (45%), commercial coverage
would be a minimum of thirty five percent (35%) and mdustnal would be a
minimum of twenty five percent (25%)
ii. An onsrte tree survey noting the location, size and species (diameter of trees six
(6) inches or greater) and canopy coverage of each Protected Tree with a diameter
of six (6) inches or greater will be required. This survey shall be completed and
signed/sealed by one of the following: Texas licensed Landscape Architect,
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Certified Arborist, Texas licensed Landscape Contractor or Texas Certified
Nurseryman.
5 Preservation of Significant or Large Trees
a. Significant or Large Trees twenty seven (27) inches m diameter (84 82 inches m
circumference) for the entire city or eighteen (18) inches m diameter (56.55 inches m
circumference) for Post Oaks and Blackjack Oaks east of Interstate Highway 35W
can only be removed by permit of the City Forester The reduced diameter for Post
Oaks and Blackjack Oaks east of IH 35W is m 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 one and one half (1 /2) times
the actual canopy size.
b Significant or Large Trees maybe removed if one of the following conditions is met:
i. An area one and one half ('1 h) times the area of the canopy of the tree identified
for r"emoval is retained on the same site. The one and one-half (1 /z) retention of
existing trees shall be of the same species as the tree being removed in the Post
Oak Savanna as indicated on Exhibit A or from the protected list if not in the
Post Oak Savanna and be in excess of the required tree coverage on the site/tract;
or
ii Planting of new trees from the preferred list (see Table F of Section 6.302.L.) at
five (5) times greater in canopy area than the removed specific tree canopy The
additional planting of five to one (5 to 1) will be m excess of the required tree
coverage on the site; or
iii. Payment into the tree fund based upon the total diameter of the specific tree times
two hundred dollars ($200 00) per diameter inch, or four and 94/100 dollars
($4 94) per square foot of canopy or
rv Urban Design Commission approves a plan that mitigates the removal of
Significant or Large Trees.
6 Urban Forestry Plan Amendments
a. Minor Amendments Minor amendments to an approved Urban Forestry Plan maybe
approved. administratively if one of three conditions below is met:
i. An increase m the total canopy
ii. Adjustments m the type of tree to be planted, considering that trees from the list
of preferred trees must be replaced with trees from said list;
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iii. Any adjustments m 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 m subsection a. of this section
must be submitted to and approved by the Urban Design Commission before
construction begins.
H. 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 thirty percent (30%) for
all properties included m the Agreement. The intent of a development agreement is to
allow areas with more extensive canopy to remain and contribute to the thirty percent
(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 land use types as outlined m
Subsection c. below
b The ongmal application for an Agreement shall include an mrhal spreadsheet of
minimum canopies and acreages, the form of which is provided m Table I of Section
6.302.L. Thereafter Table J of Section 6 302.E shall be completed with the provided
canopies and 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
m Section 6 302 L.
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 are satisfied. The initial submission for approval of an Agreement
shall include
i A map all of the properties to be included m the Agreement, identified by land
use and acreage;
ii Individual maps of each land use type (commercial, industrial, etc.) and
iii. Table I of Section 6 302.L.
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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. Mimmum acreage allowed shall be one thousand (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 mimmum 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 m an Agreement shall be under common ownership
at the time of the agreement, under a currently approved Overall Part I, 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 I submission
and shall provide the filing 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 fifteen (15) years and
may be renewed for additional ten (10) year periods. Renewals will be approved
administratively if the permit remains under the same terms and conditions of the
original Agreement approved by the Crty Council or with amendments approved
administratively Progress shall be defined as the platting, permitting, or vertical
construction on the properties. The expiration period m Section 6.302 G.3.a.ui. 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.
f. 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 fourteen (14) days after execution and recordation, a copy of
16
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 m
the Agreement shall be subject to the regulations of Section 6.302. Additional
properties may not be included into the Agreement within three (3) 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.
I. Appeals
If the City Forester or other city official, refuses to accept or issue an Urban Forestry
Plan/permrt, 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 wrthm ten (10) 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 wrthm ten days after receipt of
notification that the City Forester will not accept the Urban Forestry Plan/permrt.
2 The Urban Design Commission shall consider the appeal wrthm thirty (30) days after the
appeal is received by the board's executive secretary unless the applicant requests a later
hearing m wasting. 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, or
b Grant the appeal, and direct the City Forester 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.
4 In no event shall acceptance of an application guarantee that the Crty will issue the Urban
Forestry Plan/permit, unless the permit application is m compliance with all applicable
codes, laws and regulations.
5 Appeals of the Urban Design Commission will be heard by the District Court.
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J 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
maybe
a. Assessed a penalty of two hundred dollars ($200 00) per diameter mch of all trees,
regardless of size, removed or damaged without a valid Urban Forestry Permit and/or
Tree Removal Permit, four hundred dollars ($400 00) per diameter mch of Significant
or Large Tree removed or damaged without a valid Urban Forestry Plan or permit,
and/or
b Issued a citation for a misdemeanor and upon conviction shall be fined not more than
five hundred dollars ($500 00) for the removal or damage of each tree.
2 Where illegal tree removal has occurred and the physical evidence has been removed
from the site, a penalty will be assessed based on calculations using aeraal photographs
available to the City calculated at a rate of four and 94/100 dollars ($4 94) per square
foot of illegally removed canopy for all trees regardless of size or nine and 88/100 dollars
($9 88) per square foot of Significant or Large Trees removed or damaged.
3 Any person m a one family or two-family residentially zoned distract who removes or
causes to be removed trees without first obtammg the required permit may be issued an
after the fact permit. An after the-fact permit shall be issued i£
a. The applicant can demonstrate that the crateraa for removal in the after the fact
application would meet the regulations m effect at the time the tree was removed, and
b The applicant has paid the fee for an after-the fact permit which shall be double the
fee of a tree removal permit.
A citation may be issued for a misdemeanor and upon conviction shall be fined not more
than five hundred dollars ($500 00) for the removal or damage of each tree.
If the applicant cannot demonstrate that the crateraa for removal m the after-the fact
apphcahon would have met the current regulations, then an after-the fact permit shall not
be issued and the person shall be m violation of this section, subject to both crammal and
civil penalties.
A second after-the fact permit shall not be issued if
a. another violation of this section occurs by a person previously issued an after the fact
permit; or
b the after the fact permit was issued on the same site on which an after the fact permit
was issued wrthm five years of the date of the second violation.
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K. Enforcement
Any Code Compliance Officer the Crty Forester or his/her designee shall have the authority
to enforce the provisions of this ordinance.
L. Tables
TABLE A. Protected Trees
Redbud Cercis canadensis
Mexican Plum Prunus mexicana
Cherry Laurel Prunus caroliniana
Eve's Necklace Sophora affinis
Crab Apple Malus angustifolia
Bradford Pear Pyrus calleryana var Bradford
Golden Raintree Koelreuteria paniculata
Caddo Maple Acer barbatum var Caddo
Red Maple Acer rubrum
Bigtooth Maple Acer grandidentatum
Bur Oak Quercus macrocarpa
Chinquapin Oak Quercus muhlenbergii
Live Oak Quercus virginiana
Shumard Red Oak Quercus shumardii
Texas Red Oak Quercus texana
Post Oak Quercus stellata
Blackjack Oak Quercus marilandica
Pecan Carya illinoinensis
Lacebark Elm Ulmus parvifolia
Cedar Elm Ulmus crassifolia
American Elm Ulmus americana
Bald Cypress Taxodium distichum
Black Walnut Juglans nigra
Green Ash Fraxinus pennsylvanica
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_ _ _ _
Texas Ash Fraxinus texensis
Southern Magnolia Magnolia grandiflora
TABLE B Net Urban Forestry Area
Net-Urbai~.F€srestry 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 C Required Tree Canopy Area
~ ~`~ w~: '
~~~ ' Square .feet Ae~res
~,
Net Urban Forestry Area
Land Use/Canopy Coverage ratio
One or two-family (40% coverage)
One or two-family with trees planted on individual lots
(25% coverage) x
Commercial (30% coverage)
Industrial (20% coverage)
Additional 5% if only protected trees are being preserved
Required canopy coverage
TABLE D Minimum Canopy Retention
~.~ Square feet Aeres .
Existing tree canopy area
Preservation requirement X 0.25 X 0.25
Additional 5% if only protected trees are being preserved
Minimum retention
20
TABLE E Significant Tree Removal
I ___
Calculation
Inches
DBf~ ~
Canopy
Sq Ft~
All Post Oaks/Blackjack Oaks >_ 20" dbh (if east of
I 35)
All other trees >_ 30 dbh (regardless of species or
location)
-->
Total of significant trees to be preserved
Significant tree preservation credit (sq ft x 1.5)
Total of significant trees to be removed ()-~
Removal Options (Choose One).
Retention of existing canopy 1 SX the canopy of
removed significant trees--m excess of minimum
retention (sq ft x 1 S)
Planting additional trees SX the canopy of removed
significant trees--m excess of total planting (s ft x 5)
Payment into tree fund for total inches dbh of (sq ft x
significant trees removed @ $200 er inch dbh $200)
Urban Design Commission approved plan that
mitigates the removal of the significant tree(s)
TABLE F Preferred Tree List
Larce Canopy L,rccS
Pecan # Carya illinoinensis
Deodar Cedar Cedrus deodara
Green Ash Fraxinus pennsylvanica
Southern Magnolia# Magnolia grandiflora
Bur Oak* Quercus macrocarpa
Chinquapin Oak Quercus muhlenbergii
Shumard Oak # Quercus shumardii
Texas Red Oak Quercus buckleyi
Live Oak * Quercus virginiana
Amencan Elm Ulmus americana
Cedar Elm * Ulmus crassifolia
Lacebark Elm Ulmus parvifolia
21
_ _ _ __
-~:~.
Vlediun~ Can~~py "l~rces
Caddo Maple * Acer barbatum var Caddo
Bigtooth Maple * Acer grandidentatum
Common Persimmon Diospyros virginiana
Texas Ash Fraxinus texensis
Ginkgo Ginkgo biloba
Kentucky Coffeetree Gymnocladus dioicus
Eastern Red-Cedar * Juniperus virginiana
Golden Raintree Koelreuteria paniculata
Eldanca (Afghan) Pine * Pinus eldarica
Italian Stone Pine Pinus pinea
Chinese Pistache * Pistacia chinensis
Honey Mesquite * Prosopis glandulosa
Blackjack Oak * Quercus marilandica
Monterrey (Mex. White) Oak * Quercus polymorpha
Western Soapberry * Sapindus drummondii
Pond Cypress Taxodium ascendens
Bald Cypress * Taxodium distichum
Small C:a~~opy 1 rye
Japanese Maple # Acer palmatum
Common Button-bush Cephalanthus occidentalis
Redbud * Cercis canadensis
Desert Willow * Chilopsis linearis
Rough-leaf Dogwood # Cornus drummondii
Texas Persimmon * Diospyros texana
Carolina Buckthorn # Frangula caroliniana
Yaupon Holly * Ilex vomitoria
Deciduous Holly Ilex decidua
22
Creape Myrtle * Lagerstroemia indica
Mexican Plum * Prunus mexicana
White Shm Oak * Quercus sinuata var breviloba
Flameleaf Sumac * Rhus lanceolata
Eve's Necklace * Sophora affinis
Mexican Buckeye * Ungnadia speciosa
Rusty Blackhaw Viburnum rufidulum
* llrought tolerant species
# Not recommended for parking lots or high heat areas
TABLE G Tree Preservation and Planting Area
'
;: , Syuarc 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
TABLE H Parking Canopy Area
'Parl:in~~ Areas for Comi7lercial or ]ndustrial [1sc~ Square feet Acres
Area of parking and dnves
Required canopy coverage of parking areas X 0 4 X 0 4
Required canopy coverage
Area of canopy coverage being provided
23
TABLE I Initial Urban Forestry Development Agreement
Overall Canopy
(enter Land Use Ty e) Part 1
Net Urban Forestr Area S uare Feet Acres
Gross Area of Property
Utility Easements
Net Urban Forestry Area
Re uired Tree Cano Area S uare Feet Acres
Net Area
Canopy Ratio
Required Tree Canopy Coverage
Preservation/Retention of Existin Cano S uare Feet Acres
Existing Tree Cano y
Preservation Requirement (20, 30, 40%)
Minimum Retention of Existing Tree Canopy
Area of Existing Tree Canopy Retained
Preservation Ratio
Retention of Canopy for Significant and Large
Tree Cano Removal S uare Feet Acres
Significant and Large Tree Canopy to be
Removed
Preservation Requirement (150%)
Minimum Retention of Existing Tree Canopy for
Removal of Significant and Large Tree Canopy
Area of Existing Tree Canopy Retained for
Removal of Significant and Large Tree Canopy
TABLE J Urban Forestry Development Agreement Canopy Tracking
~~
.
i .j Project
I (t~C ~~ Name ~ C~allo~~'
_ ~ Co~~~ra~e
Pro~cct Site ~~ ~~~ti~c !; Required
;~ddress Acreage Class (sq ft) C~'llUll)y
Co~~eragc Off Sits
I'rovidul ~~' i~~titieation`?
(sq ft) (~,,'~) ~~
~ Be~innins~ Endin~~
Land ~,~ Land
Balance. Balance
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SECTION 4.
Chapter 9 `Definitions" is hereby amended to add the following definitions
Caliper The diameter of a tree, measured at a point six (6) inches above the ground line if the resulting
measurement is no more than four (4) inches. If the resulting measurement is more than four (4) inches,
the measurement is made at a point twelve (12) inches above the ground line.
City Forester For the purpose of tree preservation, that person or persons designated by the
Director of Planning and Development to provide administrative review and approval of Urban
Forestry Plans /Permits (Urban Forestry Compliance Section)
Critical Root Zone• Area around the trunk of the tree that is equal to a radius of one (1) foot per
inch diameter measured at breast height (DBH) -four and one-half (4 5) feet.
Diameter at Breast Height of an Existing Tree (DBH) That measurement of the size/diameter of
a tree as determined by measuring at four and one half (4 5) feet above the soil level. For a
multi-trunk tree, the diameter shall be the total diameter of the largest trunk plus one-half (1/2)
the diameter of each additional trunk.
Disruptive Activity Any permanent change to existing surface conditions including clearing,
grading, trenching, boring, and similar activities. Disruptive activity will NOT include normal
mowing or removal of trees less than six inches in diameter
Landscape Plan A plan illustrating bufferyard features and landscaping required per Chapter 6
Article 3 of the Zoning Ordinance, and to illustrate trees along arterial streets required per
Chapter 6, Article IILB of the Subdivision Ordinance. Buffer yards are required along common
property lines of one or two-family districts adjacent to nonresidential distracts for which certain
trees may be credited. In addition, landscape plans are required for commercial, industrial, and
manufactured home uses to include shrubs and sod (all references to trees have been removed
from the landscaping requirements per Ordinance No 17367) Trees are required along arterial
streets for residential subdivisions of three lots or more.
Public Project• Capital improvement project that includes a disruptive activity that will prevent
the surface from being restored to its original condition. Public projects shall specifically exclude
utilities regulated by the Public Utility Commission or the Railroad Commission.
Preserved Tree Any healthy tree retained for the purpose of meeting the requirements under
Section 6.302
Protective Measures Protective fencing surrounding the critical root zone and bark protection to
ensure that all prohibited activities m the critical root zone are prevented, including for trees on
adjacent properties. In addition, appropriate construction methods as outlined in section 6.301.x.
of the Zoning Ordinance -Landscaping and Buffers shall be followed.
Protected Tree• Any tree listed m Table A, Section 6 302
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Significant or Large Tree• A tree twenty-seven (27) inches m diameter (84 82 inches m
circumference) for the entire city or eighteen (18) inches m diameter (56 55 inches m
circumference) for Post Oaks and Blackjack Oaks east of Interstate Highway 35 West.
Tree Removal The cutting, destroying, removing, moving, poisoning, banding, marking, or
effectively destroying through damaging, any tree six (6) inches or greater m diameter
regardless of species, situated on property regulated by the Zoning Ordinance without first
obtaining an Urban Forestry Plan /Permit from the City Forester
Tree Removal Permit. A permit required for the removal of a single tree as required under
Section 6.302
Urban Forestry Permit A permit required under Section 6.302for the removal of more than one
(1) tree or the construction of new structures on properties greater than one acre for where a
building permit is required.
Urban Forestry Plan A plan showing the location of existing canopy coverage and any trees
that are classified as large or significant as per 6.302 G.3 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 5.
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 m those
instances where provisions of such ordinances are m direct conflict with the provisions of this
ordinance.
SECTION 6.
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 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.
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SECTION 7
That rt 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 ~unsdiction, 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 8.
That this ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY
By
Assistant Crty Attorney
Adopted. May 12, 2009
Effective
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