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)