The URL can be used to link to this page

Home My WebLink AboutOrdinance 16232r ~ "I 5 ~4P01 ~~ RCVU I~a~. ORDINANCE NO. AN ORDINANCE EXTENDING THE MORATORIUM ON THE REMOVAL OF PROTECTED TREES EQUAL TO OR GREATER THAN SIX INCHES IN DIAMETER ON A PARCEL OF LAND GREATER THAN ONE ACRE WITHOUT A PERMIT FROM THE CITY FORESTER, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, m order to maintain and enhance a positive image and a livable city it is important to promote site planning which furthers the preservation of mature trees and to protect trees during construction, to facilitate site design and construction which contribute to the long term viability of existing trees and to control the removal of trees when necessary WHEREAS, at the November 2, and 9 2004 City Council meetings, citizens spoke about concerns of clear cutting in their community provided numerous pictures and testimony about actual examples of clear cutting that has happened in areas surrounding their homes and neighborhoods, and requested the Council to put an immediate moratorium on clear cutting; WHEREAS, the Government and Neighborhood Relations Committee established a consisting of two City Council members, a Zoning Commission member representatives from neighborhood and builder associations, Scenic Fort Worth, the Fort Worth Garden Club, utility companies, real estate investors, urban forestry and other interested parties to study the practices m other cities and advise the Council Committee on possible regulations related to tree preservation, WHEREAS, it is anticipated that the Citizen Advisory Committee will be prepared to make a recommendation on regulations related to tree preservation to the Council Committee m `February 2005 WHEREAS, on November 16, 2004 the City Council approved Ordinance Number 16208 (Mayor and Council Communication PZ 2556) estabhslung a moratorium on the removal of protected trees equal to or greater than six inches m diameter on an acre or larger parcel of land without a permit from the City Forester WHEREAS, the moratorium was enacted in order to maintain the status quo while the Citizen Advisory Committee continues to the study of the adoption of a tree preservation ordinance; WHEREAS, the Citizen Advisory Committee recommended the adoption of interim regulations to regulate the removal of protected trees during the time the committee compares and analyzes other tree preservation ordinances m order to make a recommendation on regulations to the Council Committee and the full City Council, WHEREAS, rt is contemplated that the Zomng Commission and the City Council will hold public hearings to receive comments from interested parties and consider proposed interim amendments to the Zomng Ordinance related to tree preservation within the next 60 days; WHEREAS, all recitals in Ordinance that are not amended herein are affirmed, WHEREAS, it is advisable to extend the moratorium to January 28, 2005 in order to allow the City to complete the public process for consideration of amendments to the Zomng Ordinance to provide interim regulations for the protection and replacement of trees prior to the adoption of a tree preservation ordinance as recommended by the citizen advisory committee; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS SECTION 1. The expiration of the moratorium on the removal of any protected tree equal to or greater than six inches (6") m diameter on parcel of land greater than one acre without a permit from the City Forester enacted by Ordinance No. 16208 is hereby extended from December 14 2004 until January 28, 2005 at 11.59 p.m., or until the City Council terminates the moratorium, whichever occurs first. 2 J SECTION 2. All provisions of Ordinance No. 16208, with the exception of following amendments shall remain in full force and effect 1 The expiration date extended by Section 1 of this ordinance; and 2. The amendment of Exhibit A of Ordinance No 16208 to add Blackjack Oak and American Elm to the list of protected trees, and. 3 The following amended provisions of Section 3 of Ordinance No. 16208 A. Except as otherwise provided herein, after the effective date of, and extending for the duration of this ordinance, no person shall remove any protected tree equal to or greater than six inches (6") in diameter on a parcel of land greater than one acre without a permit from the Crty Forester B. Land m which a valid building permit has been issued or a Community Facilities Agreement has been executed prior to the effective date of this ordinance are not subject to the moratorium. The removal of protected trees in the case of an emergency such as due to storm damage to utilities, shall not be subject to the moratorium or require a tree removal permit. C. The City Forester or other city official responsible under city regulations for reviewing a Tree Removal Permit, as defined herein, shall determine whether the Tree Removal Permit is subject to the moratorium. Acceptance of a Tree Removal Permit for the limited purpose of such review shall not constitute filing or acceptance of the permit. In the event the City Forester determines an application is subject to the moratorium, the City Forester shall be responsible for the review and approval of all requests for all Tree Removal Permits. The City Forester shall review the permit application, perform an on-site analysis of the site and trees and make a determination which trees can be removed using the following criteria. 3 a. The protected tree is located in a public utility easement, public access easement or public street right-of way as recorded on a plat and accepted by City Council and removal would be in compliance with the current City Code; b The protected tree is m an unsafe condition, or is m~unous to the common good, or to sewer pipes, pavements or improvements, or is infested and dangerous to other trees or conflicts with other ordinances or regulations; or c. The protected tree would interfere with the construction of a building, parking or parking approaches and other improvements. D The City Forester may accept a reforest plan that provides aone-diameter inch per one-diameter inch tree replacement when protected trees are removed outside the building envelope, parking approaches or other improvements. The tree replacement plan will set a mimmum of 3-inch diameter tree as a replacement tree. If replacement cannot be provided on- site, the applicant shall be required to pay into the City's Tree Planting Fund at a cost of $125 per diameter inch of protected trees removed. All preservation of trees will count toward the project's landscape requirement without regard to location or limitation to substitution of trees for shrubs. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event such conflicting provisions of such ordinances and Code are hereby suspended for the period dunng which this ordinance is in effect. 4 .SECTION 4. It is hereby declazed to be the intention of the City Council that the sections, pazagraphs, sentences, clauses and phrases of this ordinance aze severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid }udgment or final decree of a court of competent ~unsdiction, such voidness, ineffectiveness or 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 Crty Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, pazagraph or section. SECTION 5. This ordinance shall take effect upon adoption. TO FORM AND LEGALITY Assistant Crty ttorney ` ADOPTE lZ"' ~~~ EFFECTIVE Il- ~T ~(J~ 5 EXHIBIT 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 Ramtree Koelrueteria paniculata Cado Maple Acer saccharum 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 stallata Blackjack oak Quercus marilandica Pecan Carya Illinoensis Lacebark elm Ulmas parvifolia Cedar elm Ulmas crassifolia Amencan elm Ulmas americana Bald cypress Taxodium distichum Black walnut Carya nigra Green ash Fraxinus pennsylvanica Texas ash Fraxinus Southern magnolia Magnolia grandiflora 6 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 12/14/2004 Ordinance No 16232 DATE Tuesday December 14 2004 LOG NAME 06EXTENDTREEMOR REFERENCE NO G-14617 SUBJECT Extension of Moratorium on Removal of Protected Trees Equal to or Greater than Six Inches in Diameter on a Parce{ of Land Greater than One Acre without a Permit from the City Forester ~~~.. RECOMMENDATION It is recommended that the City Council adopt the attached ordinance extending a moratorium on the removal of protected trees six inches or greater in diameter on a parcel of land greater than one acre without a permit from the City Forester to January 28 2005 DISCUSSION The current City Code does not provide rules or regulations governing the protection of trees within the city The Government and Neighborhood Relations Committee outlined a tentative schedule and established a citizen advisory committee to study regulations in other cities and make recommendations on a tree preservation ordinance to the City Council. The citizen advisory committee held their first meeting on November 5 2004 At the November 2 and 9 2004 City Council meetings citizens spoke about concerns of clear cutting in their community and requested the Council to place an immediate moratorium on clear cutting On November 16 2004 the City Council approved Ordinance Number 16208 establishing a thirty day moratorium on the removal of trees six inches or greater in diameter on an acre or greater size parcel of land without a permit from the City Forester It is anticipated that the citizen advisory committee will be prepared to make recommendations on the adoption of a tree preservation ordinance in February 2005 The citizen advisory committee recommended the adoption of interim regulations to regulate the removal of protected trees during the time the committee compares and analyzes other tree preservation ordinances in order to make a recommendation on regulations to the Council Committee and the full City Council It is contemplated that the Zoning Commission and the City Council will hold public hearings to receive comments from interested parties and consider proposed interim amendments to the Zoning Ordinance related to tree preservation within the next 60 days Adoption of the moratorium will maintain the status quo while the City staff prepares and presents to the Zoning Commission and the City Council interim regulations to provide for the protection and replacement of trees prior to the adoption of a tree preservation ordinance as recommended by the citizen advisory committee. Adoption of the attached ordinance would extend the moratorium from December 14 2004 to January 28 2005 FISCAL .INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds. Logname: 06EXTENDTREEMOR Page l of 2 TO Fund/Account/Centers FROM. Fund/Account/Centers Submitted for City Manager's Office ~ Dale Fisseler (Acting) (6266) Originating Department Head. Bob Riley (8901) Additional Information Contact: Sarah Fullenwider (7619) Logname• 06EXTENDTREEMOR Page 2 of 2