21A.48.090: PRIVATE LANDS TREE PRESERVATION:
A. Purpose Statement: The purpose of these tree preservation provisions is to recognize and protect the valuable asset embodied in the trees that exist on private lands within the city and ensure that the existing trees of Salt Lake City continue to provide benefit to its citizens. Essential to effective tree preservation is the understanding of tree growth requirements having to do with space, water, and soil quality needs, among other qualities. Good, early planning, site design, and construction management practices are key to allowing trees to prosper. Preconstruction planning and mitigation of potential impacts that development may have on trees is necessary and one of the purposes of this section. Numerous community and personal benefits arise from the presence of trees in urbanized areas - both on residential and nonresidential lands - and it is the intent of this section through the preservation of the trees to:
1. Enhance the quality of life in the city and protect public health and safety;
2. Preserve and enhance the visual and aesthetic qualities of the city;
3. Enhance public and private property for greater enjoyment and usability due to the shade, cooling, and the aesthetic beauty afforded by trees;
4. Protect and improve the real estate values of the city;
5. Preserve and enhance air and water quality;
6. Reduce noise, glare, dust, and heat, and moderate climate, including urban heat island effect;
7. Increase slope stability, and control erosion and sediment runoff into streams and waterways;
8. Protect the natural habitat and ecosystems of the city;
9. Conserve energy by reducing heating and cooling costs; and
10. Preserve the function of mature trees to absorb greenhouse gases such as carbon dioxide.
B. Applicability:
1. General: The standards in this section shall apply to new development in the city unless exempted in accordance with Subsection C, "Exemptions", of this section. The standards in this section shall apply at the time of a development application for "development" as defined in the zoning ordinance.
2. Other Regulations: Title 2, Chapter 2.26 of this code, the Salt Lake City urban forestry ordinance, addressing the protection of trees located on public property owned by the city and in rights of way, shall remain in effect.
3. Specimen Trees: The city forester shall maintain a list of trees or tree types that are deemed to be specimen trees subject to Subsection E, "Standards", of this section.
C. Exemptions: The following specimen tree removal activities may be exempt from the standards of this section upon confirmation and approval by the city forester:
1. The removal of dead, damaged, or naturally fallen trees, or in cases of community emergency;
2. When in conjunction with the construction of a single- or two-family residence not part of a proposed new subdivision;
3. The removal of trees on an existing legal lot when not associated with new development;
4. The removal of trees in such a condition that they pose a threat to structures or natural features on the site, on adjoining properties, or in the public right of way;
5. The removal of diseased trees posing a threat to adjacent trees;
6. The selective and limited removal of trees necessary to obtain clear visibility at driveways or intersections;
7. The removal of trees associated with development at the Salt Lake City International Airport only as necessary to provide safe operations;
8. The removal of trees when requested by the city forester for the purposes of conflict with utilities or streets; and
9. The removal of trees deemed appropriate by the city forester, based on tree species, site conditions, or other variables.
D. Standards:
1. Preservation of Specimen Trees: Specimen trees shall be preserved to the maximum extent practicable as determined by the city forester, in consultation with the zoning administrator, unless exempted pursuant to Subsection C, "Exemptions", of this section.
a. In determining if preservation is impracticable, the city shall consider the following criteria, including, but not limited to:
(1) Whether an alternative location or configuration of the development including elements such as parking or structures on the site would be feasible to accomplish tree preservation, without negatively impacting adjacent properties,
(2) Whether preservation of the specimen tree would render all permitted development on the property infeasible, or
(3) If development of the property will provide significant community benefits that outweigh tree preservation.
b. The zoning administrator may modify any dimensional standard, such as setbacks and height limits, by up to 20% if such modification will result in preservation of a specimen tree.
2. Cutting, Removal, or Damage Prohibited: Specimen trees, required to be preserved, shall not be cut, removed, pushed over, killed, or otherwise damaged.
3. Paving, Fill, Excavation, or Soil Compaction Prohibited: The tree protection zone of any protected specimen tree shall not be subjected to paving, filling, excavation, or soil compaction.
4. Mitigation: Where the city determines it is not practicable to preserve a specimen tree on the development site, the following mitigation provisions shall apply.
a. Replacement Tree Required: 2 caliper inches of replacement trees shall be provided for each dbh of specimen tree removed (for example, if a 24 inch dbh specimen tree is removed, it must be replaced with at least 24 trees of a minimum 2 inch caliper or 8 trees with a 6 inch caliper). Each replacement tree shall be a minimum of 2 inches in caliper, and shall either be replanted prior to certificate of occupancy or within a conditional time frame as approved by the city forester. Consult the "Salt Lake City Plant List and Hydrozone Schedule" for recommendations on tree selection.
Replacement trees shall be planted on the lot or site where the specimen tree was removed except where the city forester, in consultation with the zoning administrator, finds the following:
(1) The site does not provide for adequate landscape surface area to accommodate the total number of replacement trees; or
(2) That due to unique soil types, topography, or unusual characteristics of the site, the likelihood of successful tree growth is diminished.
In such cases, the applicant shall mitigate for the loss of the specimen tree in the form of payment to the city's tree fund as provided below.
b. Cash in Lieu Payment/Tree Fund Contribution: Applicants who are permitted to remove a specimen tree but not plant a replacement tree on site shall make a cash in lieu payment, in the amount of the cost to purchase and plant the required number of replacement trees, into the city's tree fund.
E. Specimen Tree Protection During Construction:
1. Owner's Responsibility: During construction, the owner of the property shall be responsible for the ongoing health of specimen trees located on the site. This includes basic tree maintenance and watering throughout the term of construction. The owner shall also ensure the erection of barriers necessary to protect any specimen tree from damage during and after construction.
2. Tree Protection Zone Fencing: Tree protection fencing shall be erected to protect all preserved trees from excavation, fill, compaction, or other impacts that would threaten tree health. Specimen trees shall be fenced in accordance with this subsection before any grading, excavating, or other land disturbing activity begins on a construction site. No construction, grading, equipment or material storage, or any other activity shall be allowed within the tree protection zone, as delineated by the required tree protection fencing, except in accordance with the standards in Subsection F.3, "Encroachments Into Tree Protection Zones and Root Zones", of this section. Fencing shall be maintained until the land disturbance activities are complete, and shall not be removed or altered without first obtaining written consent from the city forester.
The tree protection fencing shall be clearly shown on the required development applications such as a site plan, building permit, or grading permit application.
a. Location: Fencing shall extend at least 1 foot in distance from the edge of the drip line of a specimen tree or group of specimen trees or as directed by the city forester to best protect a specimen tree's critical root zone and still allow construction access.
b. Type of Fencing: The developer shall erect a chainlink fence, a minimum of 4 feet in height, secured to metal posts driven into the ground. Such fencing shall be secured to withstand construction activity and weather on the site and shall be maintained in a functional condition for the duration of work on the property. This is not considered permanent fencing subject to Section 21A.40.120, "Regulation of Fences, Walls and Hedges", of this title.
c. Timing: All required tree protection measures shall be installed, inspected and approved by the city forester prior to the commencement of any land disturbing activities.
4. Encroachments Into Tree Protection Zones and Root Zones: Encroachments into a tree protection zone or within the critical root zones of trees protected in accordance with this subsection shall occur only in rare instances, and only upon obtaining written authorization from the city forester. If such encroachment is anticipated, tree preservation measures including, but not limited to, the following may be required:
a. Tree Crown and/or Root Pruning: The pruning, or cutting, of specimen tree branches or roots shall only be done under the supervision of an ISA certified arborist, and only upon approval of the city forester.
b. Soil Compaction Impact Mitigation: Where compaction might occur due to planned, temporary traffic through or materials placed within the protection zone, the area shall first be mulched with a minimum 4 inch layer of woodchips or a 6 inch layer of pine straw. Plywood sheet or metal plate coverage of the impacted area may be accepted by the city forester when high moisture conditions warrant. Equipment or materials storage shall not be allowed within the tree protection zone.
c. Grade Change Impact Mitigation: In the event proposed site development requires soil elevation changes tree protection measures designed to mitigate harm to the tree(s) shall be coordinated with the city forester and the zoning administrator.
d. Construction Debris/Effluent Strictly Prohibited: In no instance shall any debris or effluent, associated with the construction process, including equipment or vehicle washing, concrete mixing, pouring, or rinsing processes, be permitted to drain onto lands within tree protection zones, as delineated by the chainlink tree protection fencing.
F. Enforcement: These tree preservation provisions shall be subject to the zoning and development enforcement codes as adopted by the city. (Ord. 12-24, 2024)
