14.33A.160 Tree and Vegetation Protection

14.33A.160 Tree and Vegetation Protection.

(a) No trees or vegetation may be removed outside the approved LOD unless specifically exempted by this Chapter.

(b) Significant trees removed from within the LOD shall be replaced as set forth in this Chapter.

(c) No trees or vegetation may be removed solely for the purpose of providing open views to or from structures on a site or solely for the purpose of replacing them with different species.

(d) Appropriate defensible space surrounding a structure is established in the Utah Wildland-Urban Interface Code (WUI). In order to account for trees that must be removed to comply with the applicable requirements of the WUI, the applicant shall submit a copy of the approved fire protection plan, along with development plans that incorporate the approved fire protection plan, to the Development Services Director for review.

(e) The following is a list of additional situations when tree and vegetation removal is permitted:

(i) The removal of invasive, dead, or naturally fallen trees or vegetation to protect public health, safety, and welfare.

(ii) The selective and limited removal of trees or vegetation necessary to obtain clear visibility at driveways or intersections, to install utilities, to perform authorized field survey work, or to protect structures from fire consistent with the Utah Wildland-Urban Interface Code.

(a) When a significant tree is removed from inside the established LOD, which removal is not required by WUI standards, the developer shall replace such tree(s) on the lot, according to the following schedule and requirements:

(i) A significant tree that is removed shall be replaced by two (2) trees with a minimum size of two (2) inch caliper for deciduous trees and a minimum height of six (6) feet for coniferous trees in locations on the lot, as set forth in the required revegetation, tree reestablishment, and land reclamation plan.

(ii) Replacement trees shall be maintained through an establishment period of at least two (2) years. The applicant shall post a bond in the amount of ten percent (10%) of the value of all replacement trees guaranteeing their health and survival during the establishment period.

(b) If the remainder of the lot outside the approved LOD is heavily wooded, defined as areas of trees with canopies that cover eighty percent (80%) of the area, and is not suitable to the planting of replacement trees, the requirement to plant replacement trees may be waived by the Development Services Director.

(a) A revegetation, tree reestablishment, and land reclamation plan shall be submitted for any lot or parcel of land that will be altered from its natural condition. This plan must be stamped by an engineer and landscape architect licensed in the State of Utah. The plan shall incorporate and be in harmony with the approved fire protection plan and shall establish a timeframe for revegetation that is acceptable to the City and take into account optimal seasonal growing conditions.

(b) The revegetation, tree reestablishment, and land reclamation plan shall contain the following:

(i) Scale and north arrow;

(ii) Location and dimensions of the property;

(iii) Type, size, number, and location of any vegetation and trees to be planted;

(iv) Demonstration that all new trees are spaced no closer than twenty (20) feet on center;

(v) Illustration of how the site will be recontoured with sufficient topsoil to ensure that vegetation is successful;

(vi) Incorporation of applicable information from the approved fire protection plan;

(vii) A note that establishes a timeframe for revegetation that is acceptable to the City and that takes into account optimal seasonal growing conditions;

(viii) A note detailing compliance with the Vegetation Clearance Guidelines of the Wildland-Urban Interface Code and confirming that all new trees are on the Utah Fire Resistive Species list in the Wildland-Urban Interface Code;

(ix) Irrigation plan to demonstrate water-wise irrigation of the revegetated, reestablished, or reclaimed area; and

(x) Any other information necessary to show compliance with this Subsection (3).

(c) All disturbed areas shall be revegetated using native or water-wise adapted plant species and materials characteristic of the disturbed area; however, this requirement shall not preclude a property owner from establishing nonnative or nonwater-wise adapted plant species within: (i) a five (5) foot wide perimeter around the edge of all structures, and (ii) planting beds located not more than thirty (30) feet from the main building(s).

(d) Any slope exposed or created in the development process shall be landscaped or revegetated with dryland trees and plant material. New vegetation shall be equivalent to or exceed the amount and erosion-control characteristics of the original vegetation cover in order to mitigate adverse environmental and visual effects.

(e) On human-made slopes of twenty-five percent (25%) or greater, created or disturbed through the applicant’s development activities, plant materials with deep rooting characteristics shall be utilized to minimize erosion and reduce surface runoff. The planting basin shall be kept level with a raised berm around the base of the plant to help retain moisture.

(f) Topsoil that is removed during construction may be conserved for later use on areas requiring revegetation or landscaping, such as cut-and-fill slopes.

(g) Tree cutting for utility corridors shall be minimized to reduce visual impacts. All disturbed areas shall be revegetated in accordance with the provisions of this Subsection (3).

(h) A performance bond, as per the provisions of Title 15, Provo City Code, for improvements related to the revegetation, tree reestablishment, and land reclamation plan shall be submitted and remain in place until all work has been completed and final inspection made.

(a) Prior to any development activities, the applicant shall submit a tree and vegetation protection plan. This plan must be stamped by an engineer and landscape architect licensed in the State of Utah and incorporated into the approved, final development plans. The tree and vegetation protection plan shall contain the following:

(i) Scale and north arrow;

(ii) Location and dimensions of the property;

(iii) Limits of disturbance (LOD);

(iv) Fencing or other separation methods to delineate the LOD;

(v) Location and size of all existing vegetation, including trees;

(vi) Identification of vegetation and trees to be retained;

(vii) Fencing around each significant tree and around stands of trees;

(viii) A note detailing the measures that shall be taken to ensure that protected vegetation will be guarded against grading, soil compaction, trenching, or other development activity that could have an adverse effect on such vegetation; and

(ix) Any other information necessary to show compliance with this Subsection (4).

(b) Fencing – at the edge of the individual or outermost (if a stand of trees) tree’s drip zone – shall be placed around each significant tree (that will not be removed) and around stands of twelve (12) or more smaller trees.

(c) No construction, grading, equipment or material storage, or any other activity is allowed within the drip zone of protected trees, and the fencing must remain in place until all land alteration, construction, and development activities are completed.