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Commission recommends code change to limit required street trees to lots of 1 acre or smaller and ease permit rules
Summary
Planning staff presented a proposed amendment to county land-use rules on street trees; the commission recommended limiting mandatory street trees to lots of 1 acre or less, updating species lists for valley conditions, and adopting a no-fee permit for tree removal, with the species list to be maintained by resolution.
Planning staff presented a staff-initiated zoning text amendment to clarify where and how street trees must be installed and maintained; after discussion about rural conditions and water availability, the commission recommended changes that would limit mandatory street trees to lots of 1 acre or smaller, make the species list less restrictive in the valley, and adopt a no-fee permit for tree removal.
Director Grover explained staff’s goal was to create predictability for developers by giving clearer parameters for where street trees are required and how irrigation and maintenance will be handled. He said the draft ordinance language would reference an adoptable species list (kept by resolution for ease of amendment) and added that staff revised irrigation language to require developers to propose irrigation systems appropriate to soil and site conditions for approval by the planning director rather than prescribing a single irrigation solution.
Grover also said staff received a recommendation from the Western Weber Planning Commission to make tree-removal permits no-fee to avoid imposing a cost burden on property owners who must replace dying trees. Grover said the adjacent property owner would be responsible for replacement when a required street tree dies.
Commissioners raised several concerns specific to the Ogden Valley and other rural areas: large lot sizes and three-acre zoning in parts of the valley, water scarcity and xeriscaping preferences, soil and growing-zone limitations that make many listed species unsuitable, and whether requiring sidewalks, curb/gutter and park strips is appropriate in rural cross sections. Staff said many valley parcels would likely be handled with deferral agreements and that the species list would be reviewed by staff to account for regional differences.
After discussion, a motion was made to forward a recommendation to the county commission on ZTA 2023-06 (Section 106-4-2.08, street trees) with these changes: limit the requirement in subsection (a) to lots of 1 acre or less; adjust the species/landscaping list to broadly accommodate trees that survive in Zone 2 or 3 (valley conditions); adopt the Western Weber recommendation that the tree-permit be a no-fee permit; and state that deferral agreements shall not be required for lots in excess of 1 acre. The motion was seconded. The transcript records the motion and second; the final recorded roll-call vote on the recommendation was not included in the transcript provided.
Key clarifications requested and agreed by staff included that where street trees are required is determined by the general plan, road cross-sections and the county engineer in conjunction with staff and that the species list will be maintained by resolution so it can be updated without a full code amendment. Staff also said that where sidewalks and park strips are not required under the general plan or cross-section, the street-tree requirements would not apply.
What happens next: the commission’s recommendation will be forwarded to the legislative body (county commission) for consideration. Staff noted that recent state legislation (SB 174, 2023) added new procedural requirements for subdivision review and that the legislature may refine those rules further this session, which could require future edits to local code.
