Loading...
HomeMy WebLinkAboutOrdinance 16208ORDINANCE NO AN ORDINANCE ESTABLISHING A MORATORIUM ON THE REMOVAL OF PROTECTED TREES EQUAL TO OR GREATER THAN SIX INCHES IN DIAMETER ON AN ACRE OR LARGER PARCEL OF LAND WITHOUT A PERMIT FROM THE CITY FORESTER PENDING CONSIDERATION OF THE ADOPTION OF INTERIM REGULATIONS REGARDING THE PROTECTION REPLACEMENT AND REPLANTING OF TREES PROVIDING AN APPEAL PROCEDURE, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS at the April 25 2004 Council retreat, the City Council established the adoption of an ordinance regulating the preservation of trees within the City of Fort Worth as a priority for the next year WHEREAS, on May 25 2004 the study of the adoption of a tree preservation ordinance was assigned to the City Council Government and Neighborhood Relations Committee; WHEREAS, The Government and Neighborhood Relations Committee established a Citizen Advisory Committee 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, Citizen Advisory Committee held the first meeting on November 5 2004 and began the task of comparing and analyzing other tree preservation ordinances, WHEREAS, rt is anticipated that the Citizen Advisory Committee will be prepared to make a recommendation to the Council Committee m May 2005 WHEREAS, at the November 2, and 9 2004 City Council meetings, citizens spoke about concerns of clear cutting m their community provided numerous pictures and testimony about actual examples of clear cutting that has happened m areas surrounding their homes and neighborhoods, and requested the Council to put an immediate moratorium on clear cutting; WHEREAS, m 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 site design and construction which contribute to the long term viability of existing trees and to control the removal of trees when necessary WHEREAS, the City Council anticipates that within 30 days the Development Department could present interim regulations on the protection and replacement of trees to the City Council for consideration to be enforced while the citizen advisory committee studies tree preservation regulations; WHEREAS, the adoption of this moratorium will maintain the status quo by prohibiting the indiscriminate clearing of property while the staff prepares and presents to 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; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS SECTION 1 Intent A. It is the intent of this ordinance to limit the removal of protected tress six inches (6") in diameter on an acre or greater size parcel of land without a permit from the City Forester in order to maintain the status quo pending consideration of the adoption of such regulations. B It is recognized that there is 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. 2 C The intent of this ordinance is to promote the orderly development of the City of Fort Worth, to protect the public health, safety and general welfare of the citizens of the City of Fort Worth and to maintain the status quo pending adoption of such regulations. It is not the intent of this ordinance to deny development rights protected by law D Further it is the intent of the City to address the removal and 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 m Fort Worth. SECTION 2. Definitions A. `Diameter" of a tree shall mean that measurement as determined by measuring at four and one-half feet. (4.5) above ground. For amulti-trunk tree, the diameter shall be the total diameter of the largest trunk plus half (1/2) the diameter of each additional trunk. B `City Forester" means, for the purpose of this ordinance that person designated by the Parks and Community Services Director to provide administrative review of Tree Srte Plans and issue Tree Removal Permits. C `Protected Tree means a tree that the City has determined has significant positive characteristics worthy of preservation as fisted m Exhibit A that has a diameter of six inches (6") or greater D `Site Plan means a plan showing the location all the protected trees by size and species that are six inches (6") or greater on the site, the location of all easements, the location of all proposed buildings, a grading plan, if applicable; the protected trees desired to be removed, the protected trees that shall remain on the site, and an accompanying document indicating the reason for the proposed removal of any protected tree, and if 3 applicable, a description on how the existing healthy protected trees proposed to be retained will be protected from damage from construction. E. `Tree Removal means the cutting, destroying, removing, moving, poisoning, banding, marking, or effectively destroying through damaging, any protected tree situated on property regulated by this moratorium without first obtaining a tree removal permit from the Crty Forester F `Tree Removal Permit" means that permit required to be issued by the City Forester prior to the removal of any protected tree greater than six inches (6") m diameter or greater on an acre or greater of land. SECTION 3. Approval of Tree Removal Permits 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") m diameter on an acre or greater size parcel of land without a permit from the City Forester B Land m which a valid building permit has been issued or a Community Facilities Agreement have been executed prior to the effective date of this ordinance are not subject to the moratorium. 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 4 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. a. The protected tree is located m 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 m compliance with the current City Code; b The protected tree is m an unsafe condition, or is injurious 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. SECTION 4. Term of Ordinance Unless extended by the City Council, this ordinance shall continue in effect until December 14 2004 at 11 59 p.m., or until the City Council terminates the moratorium, whichever occurs first. SECTION 5. Appeals A. If the City Forrester or other city official refuses to accept or issue a Tree Removal Permit, or the applicant disagrees with the decision of the Crty Forester the applicant may appeal the decision to the City Council. The appeal shall be in writing and shall be transmitted to the Office of the City Attorney within ten days, after receipt of notification that the City Forester will not accept the Tree Removal Permit. 5 B The appeal shall be considered by the City Council within 10 days after the appeal is received in the Office of the City Attorney unless the applicant requests a later heanng. The City Council shall not release the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the Crty Council can reasonably conclude application of this ordinance to the applicant would be likely to deprave the applicant of rights protected by law C The City Council may take the following actions on an appeal. (1) Deny the appeal, m which case the Tree Removal Permit shall not be accepted or granted, or (2) Grant the appeal, and direct the City Forester to accept and approve the Tree Application Permit. D In no event shall acceptance of an apphcahon guarantee that the Crty will issue the Tree Removal Permit, unless the permit application is m compliance with all applicable codes, laws and regulations. SECTION 6. Not Applicable to Pending Applications This ordinance does not apply to permit applications that have been accepted by the City before the enactment of this ordinance Such permit applications shall be processed m accordance with applicable policies and procedures and shall not be affected by the enactment of this ordinance. SECTION 7 Cumulative Effect 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 m direct conflict with the provisions of such ordinances and such Code, m which event such 6 conflicting provisions of such ordinances and Code are hereby suspended for the penod dunng which this ordinance is m effect. SECTION 8. Severability 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 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, paragraph or section. SECTION 9 Penalty and Fine 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 assessed a penalty of One Hundred Seventy Five Dollars ($175 00) per diameter inch of the protected trees removed or damaged without a valid Tree Removal Permit and be guilty of a misdemeanor and upon conviction shall be fined not more than Five Hundred Dollars ($500 00) for each offense. SECTION 10. Publication The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days m the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013 Texas Local Government Code. 7 SECTION 11 Effective Date This ordinance shall take effect upon adoption and publication as required by law APP OVED AS TO FOR.M~AND LEGALITY ~~ ~~--~~X~~~ Assistant Crt orney ADOPTED ~ ~ ~ ~ _ ~~ EFFECTIVE ~ /"~ ~~ City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 11/16/2004 Ordinance No. 16208 DATE Tuesday November 16 2004 LOG NAME 12TREEMORATOR REFERENCE NO PZ 2556 SUBJECT Adoption of Ordinance Establishing a 30-day Moratorium on the Removal of Protected Trees Six Inches or Greater in Diameter on an Acre or Greater Size Parcel of Land without a Permit from the City Forester RECOMMENDATION It is recommended that the City Council adopt the attached ordinance enacting a 30-day moratorium on the removal of protected trees six inches or greater in diameter on an acre or greater size parcel of land without a permit from the City Forester DISCUSSION The current City Code does not provide rules or regulations governing. the protection of trees within the city At the April 25 2004 City Council retreat, the City Council identified the adoption of a tree preservation ordinance as a priority for the next year in order to encourage the protection of healthy trees and to provide for the replacement and replanting of trees that are necessarily removed during construction development or redevelopment. 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 It is anticipated that the citizen advisory committee will be prepared to make recommendations on the adoption of a tree preservation ordinance in May 2005 Adoption of the moratorium will maintain the status quo while the City staff prepares and presents to 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 FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material impact on City funds T .nanamP• 1 QTR FF1\~i(1R 4 T(1R T)o,.o 1 ..f 7 TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office b~ Dale Fisseler (Acting) (6266) Originating Department Head David Yett (7600) Additional Information Contact: Sarah Fullenwider (7619) T.nanamP• 1 ~TRFRMCIR AT(1R Pane ~ ..f ~