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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)
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)
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)
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)
A. Purpose: The regulations of this section are intended to ensure that all required landscaping is maintained in a healthy, growing condition at all times.
B. Applicability: The requirement for landscape maintenance applies in all zones where landscaping has been required.
C. Standards:
1. The property owner is responsible for the maintenance of all landscaping and screening devices required by this chapter.
2. Plant materials that exhibit evidence of insect pests, disease, and/or damage shall be appropriately treated to correct the problem. Dead plant materials shall be replaced.
3. All landscaping required by this section may be subject to periodic inspections by city officials to determine compliance with the provisions of this title.
A. Substitutions: All substitutions of plant material on an approved landscape plan must be approved by the community development director.
B. Inspections: Landscaping shall be installed and completed in compliance with the approved landscape plan. A certificate of occupancy shall not be issued until the improvements are inspected and approved by the community development director, unless an assurance is provided and approved according to subsection C of this section.
C. Assurance: In extenuating circumstances where occupancy or final inspection is requested prior to completion of landscaping, the owner or developer shall enter into an enforcement delay agreement with the city certifying that the required landscaping will be completed within the next planting season at a date specified by the community development director but not to exceed one year. Violation of this agreement is subject to zoning enforcement. (Ord. 2013-22, 9-5-2013; amd. Ord. 2023-10, 9-7-2023)
The city recognizes that the specific landscape requirements set forth herein cannot and do not anticipate all possible landscape situations. A certain amount of flexibility in the application of such requirements is necessary in cases where the requirements are inapplicable or inappropriate to a specific use, design or site proposal. A written request for relief may be submitted to the land use authority in conjunction with the applicable development proposal, including an explanation of the findings and justification necessary to grant administrative relief.
A. The land use authority as part of a site plan approval may reduce the minimum needed landscaping up to ten percent (10%) after taking into consideration:
1. The location and size of parking lots and/or structures, the layout of the buildings, the topography and geometry of the site and other environmental factors;
2. The exclusion of natural areas for reasons of preservation;
3. A commensurate or additional percent of landscaping is being provided in an abutting right of way by permission of the owner of the right of way.
4. An increase of the impervious surface coverage has been accomplished by the methods shown in section 13.14.080, table 13.14.080C of this title;
B. The land use authority shall document in writing any such findings granting administrative relief. (Ord. 2013-22, 9-5-2013)