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:
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)