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Holladay Overview
Holladay, UT Code of Ordinances
CITY CODE of HOLLADAY, UTAH
ORDINANCES PENDING REVIEW FOR CODIFICATION
TITLE 1 GENERAL PROVISIONS
TITLE 2 GOVERNMENT
TITLE 3 REVENUE AND FINANCE
TITLE 5 BUSINESS LICENSES AND REGULATIONS
TITLE 7 ADMINISTRATIVE CODE ENFORCEMENT PROGRAM
TITLE 8 ANIMALS
TITLE 9 HEALTH AND SAFETY
TITLE 10 PUBLIC PEACE, MORALS AND WELFARE
TITLE 11 VEHICLES AND TRAFFIC
TITLE 12 SUBDIVISIONS1
TITLE 13 LAND USE AND DEVELOPMENT
CHAPTER 13.01 GENERAL PROVISIONS AND ADMINISTRATION
CHAPTER 13.02 PLANNING DOCUMENTS
CHAPTER 13.03 SUBMISSION REQUIREMENTS
CHAPTER 13.04 DEFINITIONS
CHAPTER 13.05 LAND USE AND APPEAL AUTHORITIES
CHAPTER 13.06 GENERAL ADMINISTRATIVE AND DEVELOPMENT REVIEW PROCEDURES
CHAPTER 13.07 DEVELOPMENT REVIEW AND APPROVAL FOR LEGISLATIVE PROCEDURES
CHAPTER 13.08 THREE STEP ADMINISTRATIVE REVIEW
CHAPTER 13.09 QUASI-JUDICIAL PROCEDURES
CHAPTER 13.10 SUBDIVISIONS
CHAPTER 13.10A SUBDIVISION REGULATIONS
CHAPTER 13.11 ZONES, MAPS, ZONE BOUNDARIES AND ALLOWED USES
CHAPTER 13.12 FR-0.5, FR-1, FR-2.5, FR-5, FR-10 AND FR-20 FORESTRY AND RECREATION ZONES
CHAPTER 13.14 R-1-4, R-1-8, R-1-10, R-1-15, R-1-21, R-1-43, R-1-87 SINGLE- FAMILY RESIDENTIAL ZONES
CHAPTER 13.32 R-2-8, R-2-10, R-M MULTIPLE-FAMILY RESIDENTIAL ZONES
CHAPTER 13.44 PROFESSIONAL OFFICE ZONE
CHAPTER 13.45 O-R-D OFFICE, RESEARCH PARK AND DEVELOPMENT ZONE
CHAPTER 13.46 P PUBLIC USE ZONE
CHAPTER 13.50 RO RESIDENTIAL OFFICE ZONE
CHAPTER 13.55 DEVELOPMENT STANDARDS FOR THE NEIGHBORHOOD COMMERCIAL ZONE (NC)
CHAPTER 13.56 C-1 COMMERCIAL ZONE
CHAPTER 13.62 C-2 COMMERCIAL ZONE
CHAPTER 13.63 LIMITED USE ZONE
CHAPTER 13.65 REGIONAL/MIXED-USE ZONING DISTRICT
CHAPTER 13.66 HOLLADAY CROSSROADS ZONE
CHAPTER 13.71 HOLLADAY VILLAGE ZONE
CHAPTER 13.72 FOOTHILLS AND CANYONS OVERLAY ZONE
CHAPTER 13.73 FOOTHILLS AND CANYONS SITE DEVELOPMENT AND DESIGN STANDARDS
CHAPTER 13.74 FLOOD DAMAGE PREVENTION REGULATIONS
CHAPTER 13.75 GEOLOGIC HAZARDS (Formerly “Natural Hazards Area”)
CHAPTER 13.76 SUPPLEMENTARY REGULATIONS
CHAPTER 13.77 LANDSCAPING
CHAPTER 13.78 PLANNED UNIT DEVELOPMENT
CHAPTER 13.79 UTILITY AND FACILITY SYSTEM PLACEMENT REGULATIONS
CHAPTER 13.80 OFF STREET PARKING REQUIREMENTS
CHAPTER 13.81 HIGHWAY NOISE ABATEMENT MEASURES
CHAPTER 13.82 SIGNS
CHAPTER 13.83 WIRELESS TELECOMMUNICATIONS FACILITIES
CHAPTER 13.84 CONDITIONAL USES1
CHAPTER 13.85 CONVERSION TO CONDOMINIUMS
CHAPTER 13.86 HISTORIC PRESERVATION
CHAPTER 13.88 NONCONFORMING BUILDINGS AND USES
CHAPTER 13.90 AMENDMENTS AND REZONING1
CHAPTER 13.90 AMENDMENTS AND REZONING1
CHAPTER 13.91 SEXUALLY ORIENTED BUSINESSES
CHAPTER 13.92 BOARD OF ADJUSTMENT
CHAPTER 13.94 ENFORCEMENT
CHAPTER 13.98 GROUP HOMES; OTHER FACILITIES
CHAPTER 13.100 APPENDIX A - ALLOWED USES
CHAPTER 13.101 APPENDIX B - LAND USE AND APPEAL AUTHORITIES
CHAPTER 13.102 APPENDIX C - NOTICING
TITLE 14 HIGHWAYS, SIDEWALKS AND PUBLIC PLACES
TITLE 15 BUILDING CODES
TITLE 17 STORMWATER MANAGEMENT REGULATIONS
TITLE 18 ANTIDISCRIMINATION
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13.77.040: PROPERTY (NON-PARKING LOT) LANDSCAPING STANDARDS:
All landscaping as defined by section 13.04.040 of this title shall be highly water efficient and designed to preserve and generally enhance desirable natural features (i.e., topography, waterways, existing vegetation, etc.), enhance architectural features of the building, strengthen vistas and provide shade for the project as well as its customers and employees. The following general standards apply to all required landscaping covered under this title, except for single-family homes on individual lots.
   A.   Perimeter Property Landscaping: The purpose of perimeter landscaping is to ensure the long term and consistent maintenance of highly water efficient landscaping along streets, to improve the visual quality of the streetscape, unify diverse architecture and carry out the long term goals of the City of Holladay promoting attractive streets and street beautification. Perimeter landscaping includes both landscaping in all required setback areas and any required buffer landscaping. Perimeter landscaping requirements are regulated by section 13.77.050 of this chapter. Further, distinct parking lot periphery and internal landscaping standards are found hereafter (see section 13.77.060).
   B.   Internal Property Landscaping Requirements/Recommendations: The purpose of the internal landscaping standards is not to restrict the use of locally adapted and sustainable landscaping but encourage design implementation to visually soften the mass of buildings and to visually separate building areas and development within the City. The following internal landscaping requirements and recommendations are intended to augment the perimeter landscaping requirements as required by section 13.77.050 of this chapter:
      1.   A minimum of one tree shall be required for every three hundred (300) square feet of the required internal landscaping area. Up to five percent (5%) of the required trees may be substituted by shrubs. Ten (10) shrubs with a minimum container size of five (5) gallons shall be required for each substituted tree.
      2.   The location of the internal landscaping area shall abut those building elevations which form the major public views of the project from abutting streets and property and to the users of the project, or within a plaza or courtyard between buildings or portions of buildings, or in a similar area which substantially conforms to the stated purpose of the required internal landscaping standards set forth herein and approved by the Planning Commission.
      3.   Landscaping around the base of a structure is recommended to visually “soften” the edge between the parking lot and building and to also discourage graffiti.
      4.   Building entries should be emphasized with special landscaping and/or paving in combination with lighting.
   C.   Berming: Berming at the edge of the building in conjunction with the landscaping may be used to soften and screen parking areas, reduce structure mass and height along street facades, and contain or direct stormwater runoff. Berms may not encroach into any clear view area of a street or driveway.
   D.   Hardscape Materials: Decorative paving materials such as bricks, pavers, flagstones, decorative gravels, artificial turf, and textured concrete may be utilized if they form a useful open space, add color or texture to the design, and comply with the purpose and intent of this section. Untextured concrete or lava rocks are not permissible hardscape materials. All impervious hardscape areas within a landscaped area must be considered as part of the overall impervious surface coverage allowance as required by other provisions of this title.
   E.   Landscaping Irrigation: Generally, landscaping emplaced in conjunction with newly or re-developing construction on site and in parking lot areas shall be irrigated with an efficiently designed drip sprinkler system which automatically adjusts to frequency and duration of irrigation events in response to changing weather conditions, i.e rain delay/shut off capabilities. Said system will be designed and maintained to limit waste and watershed onto adjoining public right(s) of way. (Ord. 2013-22, 9-5-2013; amd. Ord. 2015-02, 2-5-2015; Ord. 2021-27, 10-14-2021; Ord. 2022-14, 6-16-2022)
13.77.050: MINIMUM LANDSCAPING REQUIREMENTS BY ZONE:
The following requirements are the minimum landscaped area required by each zone except where modified by the Planning Commission as an administrative relief allowed by section 13.77.130 of this chapter. Landscape features shall incorporate Localscapes® (as defined 13.04.040) design elements meant to reduce, minimize and/or eliminate water use by activity area:
   A.   Single-Family Residential Zones (FR, R-1): The front yard of all lots on which buildings are located shall be landscaped prior to the issuance of a final certificate of occupancy or final inspection, except as provided in 13.77.120 C. of this chapter.
   B.   Multiple-Family Residential Zones (R-2, R-M): The minimum landscaping coverage in percent for all lots in the Multi-Family Zones are as follows:
      1.   A minimum of forty percent (40%) of the total site shall be landscaped.
      2.   Lawn shall not exceed 20% of the total landscaped area outside of the active recreation area, as defined the Localscapes design principle.
      3.   No area of lawn shall be less than eight feet (8') in width.
      4.   Lawn shall not be installed in park strips, paths, or on slopes greater than 25% or 4:1 grade.
      5.   A minimum landscaped buffer averaging five feet (5') wide as required by section 13.77.070 of this chapter shall be provided along the side and rear property lines.
   C.   Office, Research Park And Development Zone (O-R-D):
      1.   A minimum of thirty percent (30%) of the total site shall be landscaped.
      2.   Lawn shall not exceed 20% of the total landscaped area outside of the active recreation area, as defined the Localscapes design principle.
      3.   No area of lawn shall be less than eight feet (8') in width.
      4.   Lawn shall not be installed in park strips, paths, or on slopes greater than 25% or 4:1 grade.
      5.   A minimum landscaped buffer averaging five feet (5') wide as required by section 13.77.070 of this chapter shall be provided along the side and rear property lines.
      6.   Where a side or rear yard abuts a residential use or Residential Zone boundary the entire setback area shall be landscaped.
   D.   Neighborhood Commercial Zone (NC):
      1.   All front setback areas and the side setback areas which abut a public street on corner lots shall be landscaped.
      2.   Lawn shall not exceed 20% of the total landscaped area outside of the active recreation area, as defined the Localscapes design principle.
      3.   No area of lawn shall be less than eight feet (8') in width.
      4.   Lawn shall not be installed in park strips, paths, or on slopes greater than 25% or 4:1 grade.
      5.   A minimum landscaped buffer averaging five feet (5') wide as required by section 13.77.070 of this chapter shall be provided along the side and rear property lines.
   E.   PO, C-1 And C-2 Commercial Zones:
      1.   The front setback area and the side setback area which faces on a street on corner lots shall be landscaped.
      2.   Lawn shall not exceed 20% of the total landscaped area outside of the active recreation area, as defined the Localscapes design principle.
      3.   No area of lawn shall be less than eight feet (8') in width.
      4.   Lawn shall not be installed in park strips, paths, or on slopes greater than 25% or 4:1 grade
      5.   A minimum landscaped buffer averaging five feet (5') wide as required by section 13.77.070 of this chapter shall be provided along the side and rear property lines.
   F.   Residential Office Zone (RO):
      1.   The first twenty feet (20') in depth of the front setback and/or front yard shall be landscaped.
      2.   Lawn shall not exceed 20% of the total landscaped area outside of the active recreation area, as defined the Localscapes design principle.
      3.   No area of lawn shall be less than eight feet (8') in width.
      4.   Lawn shall not be installed in park strips, paths, or on slopes greater than 25% or 4:1 grade
      5.   Other setback areas which abut a public street shall be landscaped.
      6.   A minimum landscaped buffer averaging five feet (5') wide as required by section 13.77.070 of this chapter shall be provided along the side and rear property lines.
   G.   Holladay Village Zone (HV): Landscaping is not required in the HV Zone except for the requirements of subsection 13.71.080K, “Buffer Standards For Proposed Development Abutting Residential Property Not In The HV Zone”, of this title.
   H.   Holladay Crossroads Zone (HCR): General Property Landscaping (Non-Parking Lot): Landscaping shall only be required in buffer areas where an HCR zoned property abuts a residentially zoned property, and, in parking lots as specified above. Notwithstanding, in cases where a use is conditionally approved by the Planning Commission to be emplaced in the HCR Zone, the Commission may require emplacement of additional property landscaping. All landscaping installed in the HCR Zone shall comply with relevant planting and maintenance regulations that govern landscaping and buffering in section 13.77 of this title -- as well as the Tree Canopy Sustainability Ordinance’s standards.
   I.   P, R/M-U, and LU Zones:
      1.   All required front and side yard areas that abut a public street shall be landscaped.
      2.   A minimum landscaped buffer averaging five feet (5') wide as required by section 13.77.070 of this chapter shall be provided along the side and rear property lines.(Ord. 2019-03, 2-28-2019; amd. Ord. 2021-09, 4-8-2021; Ord. 2022-14, 6-16-2022; Ord. 2023-09, 9-7-2023; Ord. 2023-10, 9-7-2023)
13.77.060: PARKING LOT/PARKING STRUCTURE LANDSCAPING:
   A.   Purpose: The purpose of perimeter and internal parking lot landscaping is not to restrict the use of locally adapted and sustainable landscaping but encourage design implementation to soften and mitigate the visual effect of (a) large expanse(s) of asphalt. Landscaping can also reduce summer heat gain in parking areas and define pedestrianways.
   B.   Hardscape Parking [Lot] Requirements: Landscaping in hardscape parking areas, in all non-single and [non] two-family residential zones, shall meet the following minimum requirements:
      1.   Overall Landscape Coverage Standards:
         a.   In general, any and all parking lots shall be landscaped such that landscape coverage in an around the periphery of a/the lot complies with the overall percentage minimums set forth in Table 13.77.061 below.
TABLE 13.77.061
 
Size Of Parking Area(s)
Percent to be Landscaped
Less than 15,000 sq. ft.
5
15,000 sq. ft. and larger
7.5
 
Furthermore, all open-air parking lots designed for, or containing, six (6) or more parking spaces shall provide landscaping in accordance with the provisions of this sub-section. Conversely, parking lots designed for five (5) or fewer parking spaces shall not be required to provide landscaping other than providing the percentage of yard area landscaping and landscaped buffering as specified in Table 13.77.061 above; however,
         (1)   Only the first ten-feet (10') [width/depth] of landscape(d) areas located along and around the perimeter of a parking lot (i.e., beyond the curb or edge of pavement of the parking lot) may count towards satisfying this requirement; and,
         (2)   Landscaping in and/or around parking lots containing five (5) or fewer parking spaces shall contain one or more deciduous trees that, when mature, will expectedly provide approximately 50% shade coverage to that lot - this connotates that the tree(s) canopy(ies) will extend over one or more portions of the paved lot to provide [the] 50% coverage (as measured during summer solstice).
      2.   Parking Lot Landscape Strips and Islands Standards:
         a.   All open-air parking lots designed for, or containing, five (5) or more parking spaces (whether emplaced with new construction or in conjunction with substantial (i.e., 50% plus re-construction or expansion of [a] building[s] on a property) shall provide landscaping in accordance with the provisions of this sub-section 2 that follow hereafter.
         b.   Interior parking lot landscape design shall meet one (1) of the following options designed to provide approximately fifty percent (50%) tree canopy coverage within twenty (20) years:
            (1)   Option One - Landscaped Strips: Landscape strips set perpendicular to the head-end of parking spaces within a parking bank may be employed (see Figure 1 hereafter).
Figure 1. Landscaped Strip(s)
When used, such strips shall meet the following minimum requirement(s):
               A.   They shall be a least five-feet (5') wide/deep; and,
Exception: When the strip(s) will serve as vegetated drainage swales, the minimum width/depth of a/the strip(s) shall be eight-feet (8'); and,
               B.   One Class II deciduous tree (selected from the City's approved/adopted Tree Selection Guide's picklist) shall be planted at each end of a parking strip and, for any parking bank [or double bank] at least ninety-feet (90') feet long, at a centered [45' interval] position in between the "end trees".
            (2)   Option Two - Landscaped Islands: Landscape [tree] islands that serve as parking space interrupts and endcaps within a parking bank (or double bank) may be employed (see Figure 2 hereafter).
Figure 2. Landscaped Islands
When used, such tree planter islands shall meet the following minimum requirement(s):
               A.   They shall be set parallel to abutting parking spaces as illustrated in Figure 2 above at intervals not to exceed seventy-two feet (72'); and,
               B.   They shall be of the same size/dimension as adjoining parking stalls. For example, if located in a single row of ninety degree (90°) oriented parking spaces that are nine feet (9') wide by eighteen feet (18') deep/long, a landscape planter shall also be, correspondingly, nine feet (9') wide and eighteen (18') deep). Where two (2) parking rows adjoin each other "head to head", back to back planters may be used. If placed back to back in, for example, a pair of ninety degree (90°) oriented parking rows, then the resulting planters would likely appear to be a single nine foot (9') wide by thirty-six foot (36') deep/long planter (see Figure 2 above hereafter); and
Figure 3. Parking Lot [Singular] Planter Design Illustration
               C.   They shall be protected/wrapped by a curb that is at least a six-inches (6") high.
               D.   Drainage Channel: A one foot (1') shall be provided at the back end of, or within, a parking planter's abutment against a curb or other barrier in order to facilitate site drainage (e.g., stormwater flow across a parking lot into a drain) -- see Figure 3 above:
Exception: Any parking bank/row located immediately fronting/against any principal commercial or multiple-family residential building on a property and between the limits/span of its exterior side walls, such placement in front of the building is, and shall be, optional. In other words, if a parking bank abuts the front entry area of non-single-family residential building and extends past the outside walls of that building, then planters shall be required where any continuous ninety-foot (90') parking space intervals are found past the end/side walls (see Figure 4 hereafter):
Figure 4. Planters Not to Block Building Storefront Area(s)
      3.   Landscape(d) areas shall be concaved [in slope] to allow storm water infiltration; and
      4.   Plants used to improve any of the fore-going listed landscape areas (i.e., parking lot periphery and internal planter strips or islands) shall comply with the following requirements:
         a.   Primary plant materials used therein shall be deciduous shade trees; and,
         b.   Shade trees planted in, and around, parking lots shall be limited those species listed in the City's approved Tree Selection Guide's picklist); and
         c.   Shade trees planted, in and around, parking lots shall be at least 2" in caliper; and
         d.   Ornamental trees [e.g., Class I types], shrubbery, hedges, and other plants may be used to supplement the shade tree plantings in perimeter planting areas, but shall not be the only plants used in such landscaping.
         e.   When low impact development infiltration is infeasible (according to the Storm Drainage System Design and Management Manual, Chapter 11), the area of LID designs with underdrains or impermeable liners may be credited towards the required numbers of trees at the rate of two hundred (200) square feet of LID area equal to one (1) tree; up to fifty percent (50%) of the number of required trees.
         f.   Interior parking lot landscaping areas shall also be planted with ground cover at a density that will achieve thirty-five percent (35%) coverage within two (2) years.
      5.   All grade-level parking should be separated from the street and screened from pedestrian view by landscaping. The landscaping shall include shrubs and trees, be located on private property, and, be wide enough to maintain the plant material as well as provide a view screen.
      6.   All parking and landscaped areas shall be separated from the parking surface by at least a six-inch (6") high concrete, continuous curb.
      7.   All landscaped and pedestrian areas shall be protected from encroachment by parked cars. Accordingly, eighteen-inch (18") wide concrete wheel stops shall be emplaced at the head end of parking spaces - save those stalls that are established for parallel parking (see Figure 5 hereafter).
Figure 5. Parking Wheel Stop/Bumper Overhang
   C.    Parking Structures: Parking structures shall be screened with live plant material that is intended to hide or obscure the sides of the structures from public view.
D.   Re-construction of a Parking Lot: When a parking lot is expanded, or torn up and then reconstructed (as opposed to being just resealed and/or striped) only the renovated portion shall be improved to comply with current landscape development code(s), including [any] engineering, water, wastewater or fire division/department improvement regulations including, but not limited to, curbing, gutter, sidewalk, storm drainage facilities, landscaping, light fixtures, etc. (Ord. 2013-22, 9-5-2013; amd. Ord. 2021-09, 4-8-2021; Ord. 2021-27, 10-14-2021; Ord. 2022-14, 6-16-2022)
13.77.070: LANDSCAPE BUFFERS:
   A.   Purpose: The landscape requirements in this section are intended to ensure that abutting land uses are adequately protected and are provided an appropriate amount of land separation to conduct permitted uses without causing adverse impacts.
   B.   Applicability: The landscape buffer is required for all nonresidential uses sharing a lot line with an abutting residential zone or residential land use or by requirement of an approval granted by a land use authority under provisions of this title.
   C.   Standards:
      1.   The width of the buffer is determined by the requirements of section 13.77.050 of this chapter unless modified by the land use authority as part of a site plan approval as allowed by other provisions of this title, however, no landscaped buffer shall be smaller than that required for the health and growth of the plants and trees contained within the required buffer area.
      2.   The materials within the required buffer between abutting land uses are regulated as follows:
         a.   All buffer areas shall be comprised of materials such as, a mix of evergreens and deciduous trees, water efficient shrubs or vegetative ground cover or up to fifty percent (50%) nonvegetative mulch or other hardscape as defined by section 13.77.040 of this chapter.
         b.   Fences, walls and berms may also be incorporated in the buffer areas where they will not create a public safety hazard.
      3.   Where trees are incorporated, the required buffer area shall result in a barrier where trees touch at the time of the tree maturity.
      4.   Where existing or proposed abutting land uses cannot be adequately buffered with plant materials, the land use authority may require inclusion of a wall, fence or other type of screen that mitigates noise, and/or unsightly uses. All fences, walls, or other screens must comply with the regulations of section 13.76.710 of this title.
      5.   Chainlink fencing with or without slats does not qualify as screening material.
      6.   All buffers between different land uses may include any required perimeter parking lot landscape buffers. (Ord. 2013-22, 9-5-2013; amd. Ord. 2015-02, 2-5-2015; Ord. 2022-14, 6-16-2022)
13.77.080: TREE CANOPY SUSTAINABILITY:
   A.   Purpose: The purpose of this section is to protect critical tree canopy resources in Holladay. These resources are important to community identity, the enhancement of air and water quality, and, the promotion of property values. Tools to accomplish these values are to:
      1.   Replace trees that are removed due to specified building and construction activities;
      2.   Strengthen the protection of trees along specified creeks and canals; and
      3.   Address and regulate the mass clearing of trees on unoccupied property.
   B.   Application: The regulations contained in this chapter shall only apply to:
      1.   Protected trees as defined in section 13.04.040 of this title. The regulations contained in this chapter shall not apply to high risk trees that are solely on private property unless otherwise regulated in section 13.77.090 of this chapter;
      2.   Demolition, building or development activities requiring a permit under chapter 13.08 of this title for commercial, office, single family residential, multi-family residential, and public, quasi-public or private institutional development, including all new construction, structural additions or additional impervious surface coverage that results in a reduction of the existing tree canopy;
      3.   Activities requiring a grading or filling permit under section 13.76.700 of this title; and
      4.   Clear cutting of trees.
   C.   Permit Requirement: When a permit is required for the expansion of building footprint, demolition of a structure, for initial construction or reconstruction, or for grading or clear cutting as required by chapter 13.08, or section 13.76.700 of this title, the applicant shall provide either:
      1.   A statement of no tree impact with documentation supported by reliable aerial or other legitimate and acceptable imagery, or
      2.   A tree canopy sustainability plan that provides for the preservation or replacement of the same minimum square feet of tree canopy coverage identified on the inventory described in subsection D of this section.
   D.   Tree Canopy Sustainability Plan:
      1.   Compliance: A Tree Canopy Sustainability Plan provided in compliance with subsection C2 of this section shall include:
         a.   An inventory of the tree canopy including heritage trees, proposed for removal;
         b.   An inventory of any tree canopy removed within one year prior to the date of an application which has been submitted to the City pursuant to either chapter 13.08 or 13.76 of this title; and
         c.   A list of proposed replacement trees with an estimated canopy coverage that will, at maturity, achieve tree canopy coverage no less than the tree canopy coverage to be removed.
      2.   Removal: The Community Development Director or designee shall approve a tree sustainability canopy plan if the submitted plan demonstrates that the removal of an existing tree on the lot is required due to one or more of the following:
         a.   The tree originates within the net buildable area of a given site as identified on the tree survey and site plan by the applicant;
         b.   A tree is located where it interferes with a proposed right- of-way, easement or ingress/egress to the site that cannot be reconfigured;
         c.   The tree is located where it interferes with the installation, delivery, or maintenance of proposed or existing utility services to the site;
         d.   The tree is located where it creates a safety or health hazard or a nuisance with respect to existing or proposed structures or vehicles or pedestrian routes and there is no reasonable alternative to relocate or reconfigure the improvements;
         e.   The trees are determined by the Community Development Director, designee, or by a certified arborist or other licensed tree care professional to be high risk as defined in section 13.04.040 of this title; or
         f.   The tree unreasonably prevents development of a lot or parcel or the physical use and enjoyment thereof.
      3.   Review Fee: A seventy five dollar ($75.00) fee shall be assessed to review and approve a Tree Canopy Sustainability Plan.
   E.   Tree Removal Permit:
      1.   A no-fee tree removal permit is required for:
         a.   The removal of any heritage tree, as defined in section 13.04.040 of this title;
         b.   The removal of street trees and waterway trees including high risk trees in those areas;
         c.   Any increase in impervious surface area for which a building permit is required which results in loss of existing tree canopy.
      2.   Prior to development of a lot or parcel, a portion of the tree canopy may be removed not to exceed the same square footage of canopy allowed by the maximum impervious surface coverage restrictions of this title.
   F.   Replacement Of Protected Trees Required: Replacement trees shall comply with the following schedule and requirements:
      1.   No less than fifty percent (50%) of replacement trees must be replaced on the property where they were removed. No more than fifty percent (50%) of replacement trees may be planted off-site as allowed in subsection G, "Off-Site Replacement", of this section.
      2.   A deciduous tree that is removed shall be replaced by a tree with a minimum tree size of one and a half inch (11/2") caliper of a variety that has the potential to reach a mature canopy coverage of that of the removed tree.
      3.   A coniferous tree that is removed shall be replaced by at least one coniferous tree with a minimum height of eight feet (8') or replaced by a deciduous equivalent as per subsection F2 of this section.
      4.   Replacement trees shall be planted, relocated, or preserved before issuance of a certificate of occupancy or similar authorization.
      5.   Replacement trees shall be maintained by the property owner through an establishment period of at least three (3) years.
   G.   Off-Site Replacement: In lieu of one hundred percent (100%) replacement of the on-site tree canopy, the developer/applicant may request an off-site replacement permit for no more than fifty percent (50%) of the lost tree canopy.
      1.   An application for an off-site replacement permit must be accompanied by a signed approval from the tree "receiving" property owner and documentation of the planting prior to occupancy of the tree "sending" property.
      2.   The Community Development Director, or designee, may approve an alternative replacement mitigation plan only after first making all of the following findings:
         a.   The applicant has investigated alternative site designs and building footprints using existing development standards;
         b.   Placing the required number of replacement trees on site with proposed final tree canopy is not conducive to a sustainable landscape plan for the property in question;
         c.   The spacing selection of the proposed replacement trees and the landscape design contribute to the City's long-term goals of a sustainable urban forest.
   H.   Tree/Vegetation Protection During Construction And Grading Activities: In order to protect tree canopy on a property during construction, limits of disturbance as defined in section 13.04.040 of this title, shall be shown on the final tree canopy sustainability plan and shall be clearly delineated on site with fencing or other materials or methods prior to the commencement of excavation, grading, or construction activities on the site to preserve the viability of existing tree resources.
   I.   Appeals: A person adversely affected by a decision of the Community Development Director regarding issuance or compliance with a tree removal permit may appeal such decision to the Administrative Appeals Officer.
   J.   Expiration: A tree removal permit shall expire and have no further force or effect if the tree removal activity or construction is not commenced within one year of the date of the issuance of the tree removal permit.
   K.   Penalty: Any person who knowingly violates the provisions of this section shall be guilty of an infraction which shall be punishable by a fine of not less than five hundred dollars ($500.00). (Ord. 2018-18, 11-8-2018)
13.77.090: STREET/COMMUNITY/WATERWAY TREE SUSTAINABILITY:
   A.   Purpose: The purpose of this section is to protect existing street trees on City-owned property and along certain waterways within the City, to require replacement of removed trees in those areas, and to require planting of street trees within new developments. This section is intended to:
      1.   Preserve the visual and aesthetic qualities of the City's tree lined streetscapes and waterways;
      2.   Encourage the preservation and replacement of trees in those areas; and
      3.   Enhance, stabilize, promote and protect property values throughout the City of Holladay.
   B.   Application: The provisions of this section shall apply to all real property located in the City of Holladay, which is in the public right-of-way, on City owned property or in riparian areas along the natural and manmade waterways.
   C.   Tree Removal Permit:
      1.   No street, or community tree as defined in section 13.04.040 of this title may be removed without a tree removal permit approved by the Community Development Director or designee.
      2.   A waterway tree as defined in section 13.04.040 of this title may not be removed within:
         a.   The area between the high water mark and the apex of the bank without a tree removal permit approved by the Community Development Director upon recommendation from the City Engineer; or
         b.   The area beyond the apex of the bank as defined in section 13.04.040 of this title without a tree removal permit approved by the Community Development Director upon recommendation from the City Engineer.
      3.   A permit to remove a protected tree shall be issued if the applicant demonstrates that:
         a.   Removal is necessary for public safety reasons;
         b.   Removal is essential in order to allow for development of the property; or
         c.   Good cause exists and removal would be in the best interest of the City.
   D.   Replacement Of Protected Trees Required: Any permit for the removal of a protected tree shall be conditioned upon the planting of a replacement tree. This requirement may be modified or waived to the extent necessary to protect public safety.
   E.   Requirements For Replacement Trees: Replacement trees shall comply with the following schedule and requirements:
      1.   A deciduous tree that is removed shall be replaced by a single deciduous tree with a minimum size of one and one-half inch (11/2") caliper of a variety that has the potential to reach a mature height of that of the removed tree.
      2.   A coniferous tree that is removed shall be replaced by at least one coniferous tree with a minimum height of eight feet (8') or replaced by a deciduous equivalent as per subsection E1 of this section.
      3.   Replacement trees shall be of a variety listed in the City of Holladay Street Tree/Community Tree Program brochure.
      4.   Unless otherwise authorized by the City, replacement trees shall be planted within six (6) months after the removal of the prior tree.
      5.   Replacement trees shall be maintained by the property owner through an establishment period of at least three (3) years.
   F.   Planting Of Street Trees Required: In connection with any permit issued for new development or significant redevelopment within the City, the owner/developer of the abutting property shall be required to plant street trees of an appropriate variety and number as determined by the Community Development Director. This requirement may be waived, in whole or in part, if sufficient street trees already exist and are preserved as part of the development.
   G.   Topping: Topping any street tree required by this title is prohibited.
   H.   Appeals: A person adversely affected by a decision of the Community Development Director regarding issuance or compliance with a tree removal permit may appeal such decision to the Administrative Appeals Officer.
   I.   Expiration: A tree removal permit shall expire and have no further force or effect if the tree removal activity or construction is not commenced within one year of the date of the issuance of the tree removal permit.
   J.   Penalty: Any person who knowingly violates the provisions of this section shall be guilty of an infraction which shall be punishable by a fine of not less than five hundred dollars ($500.00). (Ord. 2018-18, 11-8-2018)
13.77.100: PLANTING GUIDELINES:
   A.   Minimum Plant Sizes: The following are minimum plant sizes for all required landscape areas:
TABLE 13.77.101
 
Type Of Tree
Minimum Size
Coniferous tree
6 foot height
Ornamental tree
2 inch caliper
Shade tree
2 inch caliper
Woody shrubs
2 gallon size container
 
   B.   Plant Species: Plant species proven adaptable to the local climate should be used in all landscaping plans.
   C.   Tree Preservation: Wherever possible, existing significant trees as defined in section 13.04.040 of this title should be preserved.
      1.   Preliminary plans shall show all significant trees within the proposed development and the associated limits of disturbance for each significant tree(s).
      2.   No construction, grading, equipment or material storage or any other activity shall be allowed within the limits of disturbance established for all significant trees.
         a.   Within the limits of disturbance, fencing, at a minimum, should be placed around each significant tree and around stands of twelve (12) or more smaller trees a distance equal to the size of the individual or outermost tree's drip zone.
         b.   For purposes of this subsection, the drip zone is calculated by measuring the diameter of the tree at breast height. Every inch of tree trunk diameter equates to one foot (1') of drip zone.
         c.   Fencing shall remain in place until all land alteration, construction, and development activities are completed.
      3.   If it is necessary to fill over the root zone, compacted soils shall be avoided by sandwiching fabric, rocks and more fabric under the area to be filled.
      4.   Fill placed directly on the roots shall not exceed a maximum of six inches (6") in depth.
      5.   If fill creates a tree well or depression around a tree or shrubs, such area shall be drained so that the vegetation is not drowned by the pooling of rainfall or irrigation.
      6.   If a tree's roots must be cut, the branches shall be trimmed by an amount equal to the percent of roots that were lost. Roots shall be pruned cleanly prior to digging and not ripped off by heavy equipment. Cutting more than thirty percent (30%) of the roots endangers the health of the tree, and over forty percent (40%) affects the tree's stability.
      7.   Utility trenches near trees should be avoided. If a line must be near a tree, tunneling, auguring, or other mitigation measures shall be used.
   D.   Planting Areas: A minimum of fifty percent (50%) of the required landscaped area shall be planted with live plant materials. The remaining fifty percent (50%) may consist of permeable hardscape improvements as allowed by subsection 13.77.040D of this chapter. (Ord. 2013-22, 9-5-2013)
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