Fort Worth Zoning Ordinance

Article 3. Landscaping And Buffers

6.300 Bufferyard and Supplemental Building Setback

1. When Required
   A bufferyard consisting of an open space of grass and other landscaping and a masonry wall or wood fence in combination with design features that screen or block vision, noise pollutants, and other negative by-products shall be provided and maintained along the entire length of the boundary line between any one- or two-family district, and adjacent nonresidential districts.  A bufferyard shall be required even when an alley is located between a nonresidential district and an adjacent one- or two-family district.  Temporary buildings, utility facilities, and additions to primary structures placed on the site that are less than 30% and under 3,000 square feet are excepted from the bufferyard requirements of this subsection.
   
2. Restrictions of the Use of Bufferyard and Building Setback Areas
   These areas are intended to serve as a buffer between potentially incompatible uses. Structures are not permitted to be located in these areas, nor can such areas be used for signs, dumpsters or other garbage containers, any type of storage, or any nonresidential activity.  Passenger car parking, automobile and truck access and loading or unloading of goods during the daylight hours shall be permitted within the building setback areas exclusive of the landscaped areas.
   
3. Area Requirements
   1. Except as noted in Paragraph 3 below, when a nonresidential use is initially established, a residential use is converted to a nonresidential use, or when the zoning district classification of property is changed to a less restrictive nonresidential district after April 12, 1988, then in each instance where the nonresidential use is located on a lot or premises adjacent to a one- or two-family district, a bufferyard and supplemental building setback shall be provided and maintained by the owner and/or occupant of the nonresidential use in accordance with the following standards.

2. When there is an expansion of any parking area or the square footage of a nonresidential use that is located on a lot or a premises that is adjacent to a one- or two-family district, then the development shall be subject to the supplemental bufferyard and building setback requirements, as set forth in this Section.
3. When the zoning district classification of vacant property is initially established as a nonresidential use or changed to a less restrictive nonresidential district, the required screen fence and bufferyard shall not be required until such time as the property is actually used as a nonresidential use.

4. Screening Requirements
   The owner and/or occupant of the use shall also erect and maintain a solid masonry wall, wood fence, or combination thereof, to a height that is a minimum of six feet above the grade of adjacent property along the entire adjacent property line except for minimum required front yards and visibility triangles.  For construction standards, see ‘5.304 Satellite Antenna (Dish)’ C.
   

5. Irrigation Requirements
   All bufferyards required under this Section must be irrigated by an underground automatic irrigation system. Provided, however, that, when the total area of the bufferyard is less than 1,000 square feet, an irrigation system shall not be required if there is a working water faucet located no more than 100 feet from every part of the bufferyard.
   

6. Landscaping Requirements
   The bufferyard shall be sodded with turf grass or ground cover that will provide the appearance of a finished planting.  Minimum landscaping and buffering must be provided as outlined in Paragraph G. The landscaping in the bufferyard shall be protected from vehicular encroachment by curbs, railroad ties, concrete retainers or other permanent barriers.
   

7. Point System Requirements
   Bufferyards must earn a minimum of 25 points that are awarded for providing and maintaining specific landscaping and design features.  The points are accumulated as follows:

8. Permit Requirements
   In order to determine compliance with this Section, an application for a building permit for property that abuts a one- or two-family district shall include a landscaping plan with a planting schedule and a written statement indicating the options that were selected in order to meet the minimum “point” requirements.
9. Installation and Maintenance
   The owner and/or occupant shall be jointly and severally liable for installing and maintaining all masonry walls, fences and landscaping in a healthy, neat, orderly and physically sound condition and replacing it when deemed necessary by the Planning and Development Department.
10. Bonus Provisions
    The minimum building setback in rear yards can be reduced by 5 feet in “ER”, “E”, and “O-M” Districts and ten feet in all other commercial and industrial districts provided that a minimum ten-foot landscaped front yard is provided on the site in accordance with the standards specified in Paragraphs E and F.
11. Exemptions and Exceptions
    1. Remodeling work that does not increase the existing floor area or the restoration of a building that has been involuntarily damaged or destroyed shall be exempt from the supplemental bufferyard and building setback requirements.
    2. When a legal use exists on property and subsequent to establishing such legal use, adjacent property or property across an alley is rezoned to a one- or two-family district, the construction of new buildings and the addition, remodeling, alteration, or total restoration due to involuntary destruction of existing buildings on the property are exempt from the requirements of a bufferyard, screening fence, and supplemental building setback.
    3. When a residence is converted to a nonresidential use or when an existing nonresidential use expands the building square footage and/or parking area, then the minimum required bufferyard points shall be reduced to 15 points.  If a masonry wall is used to satisfy the minimum point requirements, there shall be no minimum bufferyard width requirement.
    4. Nothing herein shall require a bufferyard to be placed on a nonresidential use site where such nonresidential use site is immediately adjacent to a railroad right-of-way, power transmission or other easement where such right-of-way or easements are at least 50 feet in width.
    5. Any area located within an airport operating area, defined as those areas associated with aircraft movement, shall be exempt from the supplemental bufferyard and supplemental building setback requirements.

6.301 Landscaping

1. Purpose
   It is the purpose of this Section to preserve the existing natural environment whenever possible and to provide landscape amenities, setbacks and screening. This Section is also intended to promote a positive urban image by promoting quality development, enhancing property values, providing landscape improvements in all parts of the city, and promoting orderly growth and aesthetic quality in the city.
2. 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 landscape requirements for the development. Artificial lots may be delineated in 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 50 percent of the entire tract, or, if the proposed artificial lot contains more than 50 percent 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 landscape plan as required in Paragraph C, below.
3. Submittal of Landscape Plan
   A landscape plan shall be submitted to the Planning and Development Department together with the application for a building permit. The following information shall be shown on the required landscape plan:
   1. Calculation of net site area showing all existing and proposed structures, parking and access, other paved areas, and all required bufferyard areas pursuant to this Section;
   2. Calculation of required landscape area;
   3. Location and dimensions of areas to be landscaped and total amount of landscaped area;
   4. Location, number and planting size of all shrubs, and groundcover including both required and actual materials provided;
   5. Location and coverage of required irrigation system; and
   6. Delineation of artificial lot, if applicable, including depiction of all proposed and existing structures, access drives, appurtenant parking and other paved areas proposed for expansion or new construction.
4. Screening for Commercial and Institutional Uses
   Screening for commercial/institutional uses shall include screening of loading docks, truck berths, refuse handling facilities (including refuse disposal and recycling), and ground level mechanical equipment visible from public right- of-way and is required per the following.
   1. Loading docks and truck berths: Opaque walls, wooden screening fences, landscaped berms, or landscape areas all of which must be a minimum of eight feet in height and must screen loading dock areas from view from the public street right-of-way with the greatest pavement width parallel to the trailer berths. Screening shall be of sufficient length to screen the maximum size trailer which can be accommodated on site and shall be parallel to trailer berths.
      
      EXAMPLE: Docks and berths that accommodate a 50-foot trailer shall be screened with a 50-foot wall parallel to the berth.
   2. Refuse handling facilities and mechanical equipment: Opaque walls or wooden screening fences of not less than the height of the facilities or equipment to be screened are required to screen the view from any public street right-of-way. Permanent walls are required on three sides with an opaque gate allowed on the fourth side.
      

      
      

      

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      Frontage on Two Streets of Equal Width (Popup full image) 

      
      
      
      

      Frontage on Major and Minor Streets (Popup full image) 

      
      
5. No Paving of Parkway Allowed
   After October 1, 1998, no portion of a parkway shall be paved, except for sidewalks or driveways permitted by Transportation and Public Works Department.
6. Applicability of Landscape Requirements
   These landscape requirements shall be applicable to the following construction, subject to the exemptions in Paragraph G. below:
   1. Construction of new structures for which a building permit is required for any commercial/institutional and industrial uses.
   2. Expansions of structures used for commercial/institutional and industrial uses that increase the footprint of existing structures by at least 30 percent, and that add at least 3,000 square feet to existing structures. Expansions that do not meet both the 30 percent and the 3,000 square foot criteria are not subject to these landscape requirements; and
   3. Construction of manufactured home parks and recreational vehicle parks for which a permit is required pursuant to Chapter 13-2 of the City Code and private recreation facilities located in manufactured housing subdivisions.
7. Exemptions from Landscape Requirements
   The following are not subject to these landscape requirements:
   1. Structures that do not create or expand building square footage or temporary structures such as job shacks associated with construction activities;
   2. Construction or expansion of one-family and two-family dwellings;
   3. Construction or expansion of multifamily and mixed use developments subject to Unified Residential development provisions set out in section 6.506;
   4. Change in use of an existing structure, unless the structure is expanded in accordance with Paragraph F.2 above;
   5. Construction or expansion of structures in the “H” Central Business District.
   6. Temporary buildings in place for a maximum of five years and erected as accessory buildings for elementary and secondary schools and institutions of higher education.
   7. Any area located within an airport operating area, defined as those areas associated with aircraft movement.
8. Landscape Area Required
   Construction projects subject to this section shall provide landscape areas calculated as follows.
   1. Commercial or Institutional Uses: A minimum of ten percent of net site area shall be landscaped; provided, however, for new construction on undeveloped sites, the required landscape area shall not be less than the minimum landscape area set out in the table below.   In addition:
      • For every 50 square feet, or fraction thereof, of required landscape area, one shrub a minimum of five gallons in size is required.
   2. Industrial Uses and Manufactured Home Uses: A minimum of four percent of net site area, or, at the option of the developer, a landscape area at least 30 feet in depth along the length of the property line frontage on all public rights-of-way adjacent to the property; provided, however, for new construction on undeveloped sites, the required landscape area shall not be less than the minimum landscape area set out in the table below.  In addition:
      • For every 50 square feet, or fraction thereof, of required landscape area, one shrub a minimum of five gallons in size is required. 
   3. Landscaping in Parkway:  Parkway (area between the street curb and front property line) may be counted toward landscape area required by this subsection.  Groundcover and flowers are permitted in the parkway.  Shrubs are prohibited.
   4. Minimum Landscape Area for Undeveloped Sites.

9. Irrigation
   A permanently installed irrigation system shall be installed to provide total water coverage to all plant materials installed pursuant to this Section.
10. Miscellaneous Requirements
    1. All required landscape areas adjacent to vehicle use areas shall be protected by wheel stops, curbs, or other physical barriers.
    2. All required landscape areas shall be located outside the exterior perimeter of the footprint of a building or structure.
    3. A minimum of 75 percent of all required landscape areas shall be located in the front yard between the building line and the front property line. For lots with multiple street frontages, a minimum of 75 percent of all required landscape areas shall be located in the yard adjacent to the street with the greatest pavement width, unless the Planning and Development Director approves a modification to this requirement in accordance with Paragraph L below. When an artificial lot or a building expansion is separated from property adjacent to a street frontage, the required landscape areas may be located anywhere on the site subject to Paragraph J.2. above.
    4. In addition to required trees and shrubs, all of the required landscape area must be covered with grass, organic mulch, or live groundcover.
11. Tree coverage, preservation, planting and maintenance
    1. Intent
       1. 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.
          

          
          

          

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       2. It is the intent of these 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.  It is not the intent of these regulations to deny development rights protected by law.
       3. Further, it is the intent of the City to address the removal, replacement, maintenance and replanting of trees that are necessarily removed during construction, development or redevelopment in an expeditious manner and with due regard for the legal rights of property owners in Fort Worth.
       4. The process of development with its alteration of natural topography, vegetation and creation of impervious cover can have a negative effect on the ecological balance on an area by causing increases in air temperature and accelerating the processes of runoff, erosion and sedimentation.  Recognizing that the general objectives of this section are to promote and protect the health, safety and welfare of the public, it is declared that this section is adopted with the following objectives
          1. Eliminate the process of clear cutting;
          2. Promote the preservation / conservation of trees throughout the city;
          3. Recognize the benefits of trees in the urban environment;
          4. Encourage planting and preservation of quality trees that are suitable to an area;
          5. Promote a safe environment that includes trees;
          6. Aid in stabilizing the environment’s ecological balance by contributing to the processes of air purification, oxygen regeneration, ground-water recharge and storm water runoff retardation, while at the same time aiding in noise, glare, wind and heat abatement;
          7. To provide visual buffering within and between land uses of differing character to alleviate the harshness of urban life;
          8. Enhance the beautification of the city;
          9. To safeguard and enhance property values and to protect public and private investment;
          10. To conserve energy;
          11. To provide habitat for wildlife; and
          12. To encourage the preservation of large trees which, once removed, can be replaced only after generations.
    2. Tree Coverage
       1. The municipal urban forestry strategy is to achieve citywide tree canopy coverage of 30%.  To achieve the citywide 30% tree canopy coverage goal, these tree regulations are directed toward preservation, planting and maintenance.
       2. The citywide 30% canopy coverage goal will be achieved through residential land uses (one and two family dwelling units) having 40% canopy coverage, commercial land uses having 30% canopy coverage and industrial land uses having 20% canopy coverage.  The 40% canopy coverage for one and two family developments will be reduced by 15% canopy coverage if one tree per residential lot is placed on all lots up to 5000 square feet in area and one additional tree for each additional 5000 square feet or faction thereof up to a maximum of nine (9) trees per residential lot.  The remaining 25% canopy coverage to be provided in public right of ways, parks, Homeowner Association lots or boundary street parkways.  For other residential uses and mixed used areas, 50% of the required open space will have canopy coverage through planting or preservation.
       3. To achieve the 30% citywide canopy coverage goal, all parking areas for all developments other than one or two family developments shall have a 40% canopy coverage achieved through preservation of existing or tree planting within the parking field and drives. Planting within the parkway will be credited to the coverage requirements.
       4. Public projects such as city water, sewer or street projects shall have a 30% canopy coverage if the project can not be classified as residential or industrial.  City projects that are residential or industrial in nature will be required to meet the canopy coverage for those land uses. 
    3. Tree preservation / retention of existing canopy
       1. Preservation of existing canopy coverage regardless of tree type
          1. On all properties of land greater than one acre, a minimum retention of existing canopy shall be 25%.  The existing canopy can be determined via recent air photo, on the ground survey or other approved method by the City Forester.
          2. Property located in floodplains or located in areas that will be dedicated to public spaces will be counted toward the required 25% minimum retention.
          3. Calculation of all canopy coverage and retention areas will not include utility right of ways or easements covered under the rules and regulation of the Public Utility Commission
          4. To remove more than the minimum retention will require a waiver from the Urban Forestry Board.
       2. Preservation of existing canopy coverage for protected trees only
          1. Retention of quality trees (protected trees) only will be allowed if an additional 5% is preserved (a total preservation of 30% of the existing canopy of protected trees) and planting/preservation will ensure an additional 5% coverage (residential coverage would be a minimum of 45%, commercial coverage would be a minimum of 35% and industrial would be a minimum of 25%)
          2. To determine the existing tree canopy coverage for protected trees only will require an onsite tree survey noting the location, size(diameter of trees 6 inches or greater) and canopy coverage of each tree.
          3. Protected trees include the following species:
             • 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 - Koelrueteria paniculata
             • Caddo 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
             • American elm - Ulmas americana
             • Bald cypress - Taxodium distichum
             • Black walnut - Carya nigra
             • Green ash - Fraxinus pennsylvanica
             • Texas ash - Fraxinus
             • Southern magnolia - Magnolia grandiflora
    4. Tree preservation/significant or large trees
       1. Significant or large trees 30 inches in diameter (94.25 inches in circumference) for the entire city or 20 inch diameter (62.83 inches in circumference) for Post Oaks and Blackjack Oaks east of Interstate Highway 35 West can only be removed by permit of the City Forester.  The reduced diameter for Post Oaks and Blackjack Oaks east of I 35 W is in 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 1.5 times the actual canopy size.
       2. Criteria for granting the permit will be one of the following conditions;
          1. Removal will be granted if an area 1 ½ times the area of the specific tree’s canopy is retained on the same site.  The 1 ½ retention of existing trees shall be in excess of the required tree coverage on the site/tract, or
          2. Removal will be granted if planting of new trees at five (5) times greater in canopy area than the removed specific tree canopy.  The additional planting of 5 to 1 will be in excess of the required tree coverage on the site, or
          3. Payment into the tree fund based upon the total diameter of the specific tree times $200 per diameter inch, or
          4. Urban Forestry Board approved plan that mitigates the removal of the large tree
       3. Replacement any tree preserved and that dies within five years due to construction or development activities will be the responsibility of the original applicant.  Replacement will be new trees with a minimum of 3 inches each in diameter and equal to five times the lost canopy.  Tree replacement will be guarantee for a period of two years.  
    5. Tree Planting to achieve the goal of canopy coverage
       1. Trees planting to provide canopy coverage shall be a minimum of 3 inches each in diameter and will be credited its canopy coverage at normal maturity. These credits are as follows:
          1. Large canopy tree with typical crown width of 50 feet in diameter – 2000 square feet (minimum spacing of 40 feet on center)
          2. Medium canopy tree with typical crown width of 30 feet in diameter – 700 square feet (minimum spacing of 24 feet on center)
          3. Small canopy tree with typical crown width of 10 feet in diameter – 100 square feet (minimum spacing of 8 feet on center)
    6. Tree Protections and Maintenance
       1. All trees being preserved for canopy coverage or a significant tree covered under section 4 due to size will be protected during any development activities.  Development activities will include vegetation removal, grading, installation of utilities and/or construction of structures and site amenities.
       2. Protective measures must occur on all trees located within 50 feet of development activities
       3. Protective measures are required at the critical root zone (the critical root zone radius is defined as one (1) foot per inch diameter measured at breast height (four and ½ feet) of the tree.
       4. The following activities within the critical root zone are prohibited:
          1. No material intended for use in 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;
          2. 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;
          3. No signs, wires or other attachments, other than those of a protective nature, shall be attached to any preserved tree;
          4. No vehicular and/or construction equipment traffic or parking shall take place within the limits of the critical root zone of any protected tree other than on existing street pavement; or
          5. 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.
          6. No grade change within the critical root zone without submission of a certified arborist/forester report dealing with protections and the report acceptance by the City Forester.
       5. Procedures required prior to development activities
          1. Protective fencing:  Prior 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 limits of the critical root zone of the tree to protect it from development activities.  All protective fencing shall be in place prior to commencement of any site work and remain in place until all exterior work has been completed. (add minimum requirements on size and material of protective fencing)
          2. Bark Protection:  In situation where a preserved tree remains in immediate area of intended construction and the City Forester determines the tree bark to be in danger of damage by development activities, the contractor or subcontractor shall protect the tree by enclosing the entire circumference of the tree with 2” x 4” lumber encircled with wire or other means that does not damage the tree.  The intent is to protect the bark of the tree against incidental contract by large construction equipment.
       6. Construction methods
          1. 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 48 inches.
          2. Grade Change:  In situation in which 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.
          3. 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 irrigation system shall be place 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.
          4. Root Pruning: All roots two inches or larger in 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 hours of initial exposure.
          5. Underground utilities:  All onsite underground utilities with backfill other than onsite material shall have a clay dam every 200 feet for the entire length of the utility placement.
          6. Paving:  No paving is allowed within the critical root zone of any preserved tree unless otherwise approved by the City Forester.  Approvals will be based upon best management practices for tree preservation.
       7. Warranty / Replacement
          
          Any preserved tree that dies or becomes hazardous due to the construction activities within 5 years following the completion of the development activities shall be replaced following the criteria outlined above for tree preservation and significant tree replacement by the original applicant or assigned party.
    7. Urban Forestry Plan / Permits
       1. Except as otherwise provided herein, no tree removal (6 inches in diameter or larger, all species) will be allowed within the City of Fort Worth without the approval of an Urban Forestry Plan by the City Forester on and after the effective date of this ordinance.
       2. An approved Urban Forestry Plan / Permit will run with the land and can only be amended by the Urban Forestry Board.
       3. Notice of Application – The City shall post on the City’s Website a notice of application within seven calendar days of receipt.  The website posting shall include the location, applicant’s name and address, and general description of the requested forestry activities.  The City shall not approve an Urban Forestry Plan / Permit until 21 calendar days have past since the website posting.
       4. Credit for preserved or planted trees shall be given for trees located outside the subject property within the parkway of adjacent streets or on property designated for public use in the immediate area.
       5. Submittal requirements:  Prior to any development, disruptive activities ( including clearing and grading) or tree removal, the following information must be submitted to the City Forester:
          
          Phase One Documents
          1. A scaled diagram of the subject property in which development, disruption or tree removal is proposed.  The scaled diagram may be an engineered drawing, survey, air photo or other City Forester approved illustration.  The first sheet will reflect the existing condition by including the following information:
             1. Boundaries of the property and its calculated area i.e. acres, square feet.
             2. Location map showing the proximately of the property to the nearest streets.
             3. Outline of the existing tree canopy area on the property and the calculated area (square feet or acres) of existing canopy coverage.
             4. Scaled existing or proposed utilities regulated by the Public Utility Commission.  Indicate the calculated area (square footage or acres) for these rights of ways or easements.
             5. Location of each large or significant tree as defined in Section 4, its type and canopy area.
             6. The following tables:

7. Upon completion and approval of phase one documentation, removals will be granted if a minimum of 50% of the existing tree canopy is retained.  The documentation pre-development canopy coverage will run with the property until development occurs.  The required retention noted in phase one documentation will have to be achieved within the area remaining after the initial clearing.

Phase Two Documents

The second sheet will overlay the proposed improvements and removals/preservations/plantings.  The sheet should include the following information: 

1. Scaled site plan depicting the location of proposed structures, parking areas, drives and amenities;
2. Outline the canopy areas that are desired to be removed;
3. Depiction of trees (large, medium or small canopy crown) that will be planted;

4. The following charts:

8. Tree Planting Requirements
   
   The following list of trees is considered desirable and adapted trees for the Fort Worth area.  Planting of trees from this list is acceptable.  Other trees will be considered by the City Forester and granted on a case-by-case basis.  The approval of additional species will be judged on adaptability, long-term health and growing characteristic of the tree type.
   

* Drought tolerant species

# Not recommended for parking lots or high heat areas

1. The minimum size of tree planted will be 3 inches in diameter measured one foot above ground level.  If the tree is multi trunk, the main stem will be given full credit for its diameter and all other stems will receive ½ credit.  The total of all must be 3 inches or greater.

2. All trees that die within two years of the date of project completion will be replaced by another replacement tree.  The replacement tree carries the same two-year replacement requirement. The requirement to replace the trees shall run with the land.

3. A minimum of 16 square feet of permeable surfaces must be provided for all tree plantings.

9. Exceptions to the tree coverage, preservation, planting and maintenance provisions
   1. Any existing residential lot one acre or less in size either zoned or used as residential with a residential structure upon it is exempted from these regulations.  All other uses e.g. commercial, institutional, industrial must comply with these regulations regardless of lot size.
   2. The removal of any tree in the case of an emergency, such as due to storm damage or utilities, shall not be subject to these regulations or require an Urban Forestry Plan / Permit.
   3. Any tree that is deemed to be in unsafe condition, or is injurious to common good, or to electrical, 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.
   4. Any permits or projects vested per Chapter 245 of the Local Government Code.
   5. Agriculture development will require documentation of the existing canopy coverage and detailed tree survey of the property.  The tree survey will include the location, size and type of tree.  At the time of development a payment of $200 per diameter inch will be required for 25% of the removed trees.  The documented canopy coverage and total diameter inch total will run with the land.
   6. Areas within mixed used zoning districts or within the boundaries of the Downtown Urban Design District are exempted from the preservation / retention provisions.  Mixed used zoned properties must provide through either preservation or planting 50% canopy coverage of required open space.  Downtown Urban Design District projects require a minimum 40% provision of canopy coverage on surface parking lots, in addition to any other landscape regulation required under the adopted Downtown Urban Design Standards. 
   7. Special districts with tree or landscape requirements – Should other special districts be established other than the Downtown Design District, the special district guidelines will apply if the requirements are more restrictive than those outlined within this section.
   8. Gas Well Sites – Only urban and high impact wells will require tree preservation and/or planting measures.  Well classifications are established through there proximity to protected uses.  A 30% tree canopy requirement through preservation and/or planting will apply to urban classified wells.  A 40% tree canopy requirement through preservation and/or planting will apply to high impact classified wells.  The following requirements apply to both urban and high impact wells;
   9. A minimum retention of 25% of the existing trees will be required as with other land uses unless removal necessary for location of equipment as determined by the Gas Inspector:
      1. No more than 25% of the same species may be planted at one site.
      2. A minimum of 25% of the planted trees must be evergreen species.
      3. A minimum of 75% of the planted trees must be located between the gas well site and protected uses or public way.  An administrative waiver of the 75% placement can be approved by the City Forester with proof that the proposed planting will screen the negative views into the well site from the protected uses.
      4. All planted trees that die within two years of the date for project completion will be replaced by another replacement tree.  The replacement tree carries the same two-year replacement requirement.  A replacement of any tree that dies within two-years of planting will be replaced by the Gas Well Operator or agent and a new two-year guarantee will begin at the time of replacement.

10. Appeals.
    1. If the City Forrester, or other city official refuses to accept or issue an Urban Forestry Plan / Permit, or the applicant disagrees with the decision of the City Forester, the applicant may appeal the decision to the Urban Forestry Board.  The appeal shall be in writing and shall be transmitted to the Executive Secretary of the Urban Forestry Board within ten days after receipt of notification that the City Forester will not accept the Urban Forestry plan / permit.
    2. The Urban Forestry Board shall consider the appeal within 30 days after the appeal is received by the Board’s Executive Secretary, unless the applicant requests a later hearing.  The Urban Forestry Board shall not release the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the Board can reasonably conclude application of this ordinance to the applicant would be likely to deprive the applicant of rights protected by law.
    3. The Board may take the following actions on an appeal:
       1. Deny the appeal, in which case the Urban Forestry Plan / Permit shall not be accepted or granted; or,
       2. Grant the appeal, and direct the City Forester to accept and approve the Urban Forestry Plan / Permit; or,
       3. Grant the appeal subject to such provisions, conditions, or limitations as deemed appropriate by the Board.
    4. In no event shall acceptance of an application guarantee that the City will issue the Urban Forestry Plan / Permit, unless the permit application is in compliance with all applicable codes, laws and regulations.
    5. Appeals of the Urban Forestry Board will be handled by the City’s Board of Adjustment

11. 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 shall be assessed a penalty of Two Hundred Dollars ($200.00) per diameter inch of trees removed or damaged without a valid Urban Forestry Plan / Permit, Four Hundred Dollars ($400.00) per diameter inch of significant tree removed or damaged without a valid Urban Forestry Plan / Permit and be guilty of a misdemeanor and upon conviction shall be fined not more than Five Hundred Dollars ($500.00) for the removal or damage of each tree.
12. Enforcement
    Any Code Enforcement officer, City Forester or designee shall have the authority to enforce the provisions of this ordinance.
13. Approval of Tree Removal Permits
    • Except as otherwise provided herein, on and after the effective date of this ordinance, no person shall remove any protected tree equal to or greater than six (6") inches in diameter on parcel of land greater than one acre in size without a Tree Removal Permit from the City Forester.
    • Land in 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 these regulations.
    • The removal of protected trees in the case of an emergency, such as due to storm damage to utilities, shall not be subject to these regulations or require a Tree Removal Permit
    • 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 these regulations.  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 regulations, 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:
      1. 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;
      2. The protected tree is in 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
      3. The protected tree would interfere with the construction of a building, parking or parking approaches, gas drill sites, and other improvements.
    • The City Forester may accept a reforest plan that provides a one-diameter inch per one-diameter inch tree replacement when protected trees are removed outside the building envelope, parking approaches, gas drill sites or other improvements.  The tree replacement plan will set a minimum 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 tree 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.
    • In order to encourage the preservation of existing trees, the area within the dripline of trees over size caliper inches that is protected by fencing during grading and construction and included in the required landscape area shall receive double credit toward the required landscape area.

14. Protected Trees

15. Appeals.
    • If the City Forester, or other city official refuses to accept or issue a Tree Removal Permit, or the applicant disagrees with the decision of the City 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.
    • The appeal shall be considered by the City Council within 30 days after the appeal is received in the Office of the City Attorney, unless the applicant requests a later hearing.  The City Council shall not release the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude application of this ordinance to the applicant would be likely to deprive the applicant of rights protected by law.
    • The City Council may take the following actions on an appeal:
      1. Deny the appeal, in 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.
      3. Grant the appeal subject to such provisions, conditions, or limitations as deemed appropriate by the City Council.
    • In no event shall acceptance of an application guarantee that the City will issue the Tree Removal Permit, unless the permit application is in compliance with all applicable codes, laws and regulations.

2. 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 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 that Five Hundred Dollars ($500.00) for each offense.

12. Modification of Landscape Requirements
    
    The Planning and Development Director or a designee may approve minor variations in the location of required landscape materials due to unusual topographic constraints, sight restrictions, siting requirements, preservation of existing stands of native trees or similar conditions, or in order to maintain consistency of established front yard setbacks. These minor changes may vary the location of required landscape materials, but may not reduce the amount of required landscape area or the required amount of landscape materials. The landscape plan shall be submitted and shall specify the modifications requested and present a justification for such modifications.
13. Installation and Maintenance
    1. All landscape materials shall be installed within 90 days after issuance of a Certificate of Occupancy.  Such 90-day period may be extended for an additional 90 days by the Planning and Development Director.  Upon completion of installation of all plant materials, the owner or agent shall notify the Planning and Development Department of completion of installation and shall request inspection.  Verification by the Planning and Development Department of installation in compliance with this Section shall be required.
    2. The owner shall maintain all landscape materials in good condition in accordance with the terms of this Section.
14. Variances by Board of Adjustment
    1. As provided by state law, the Board of Adjustment may grant variances to the provisions of this section only if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the Section would result in unnecessary hardship, and so that the spirit of the Section is observed and substantial justice is done. As provided by state law, a “hardship” does not include financial hardship resulting from compliance with the landscape provisions.
    2. The City Manager or his/her designee shall report monthly to the City Council any variances granted to this Section.

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