013 of 2014 - Establish water-efficient landscaping and tree protection regulations to promote sustainable urban l 0 14-1
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SALT LAKE CITY ORDINANCE
No. 13 of 2014
(An ordinance amending Chapters 48 and 62 of Title 21A of the
Salt Lake City Code concerning water efficient landscaping and
tree protection intended to promote sustainable urban living)
An ordinance amending Sections 21A.48 (Zoning: Landscaping and Buffers), and
21A.62 (Zoning: Definitions) of the Salt Lake City Code pursuant to Petition No.
PLNPCM2009-00322 to establish land use regulations regarding water efficient landscaping and
tree protection in an effort to promote sustainable urban living.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on
November 10, 2010 to consider a request made by Salt Lake City Mayor, Ralph Becker (Petition
No. PI,NPCM2009-00322), to amend portions of Chapters 48 and 62 of Title 21A of the Salt
Lake City Code to establish land use regulations regarding water efficient landscaping and tree
protection; and
WHEREAS, at its November 10, 2010 meeting, the planning commission voted in favor
of transmitting a positive recommendation to the Salt Lake City Council on said application; and
WHEREAS, after a public hearing on this matter the city council has determined that
adopting this ordinance is in the city's best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending text of Salt Lake City Code Section 21A.62.040. That Section
21A.62.040 of the Salt Lake City Code (Zoning: Definitions), shall be, and hereby is, amended,
in pertinent part, such that each of the following definitions shall be added and inserted
alphabetically into that section:
BACKFLOW PREVENTER: A mechanical device intended to prevent contamination of
a culinary water line that meets the specifications set forth in the Salt Lake City
Landscape BMPs for Water Resource Efficiency and Protection.
BEST MANAGEMENT PRACTICE: A voluntary practice that is designed to reduce
water usage and protect water quality. BMPs are reasonably economical, practical, and
sustainable, and maintain a healthy, functional landscape without exceeding the water
requirements of the landscape. (Adapted from IA Water Mgt Committee 2001). BMPs
are also used in stormwater quality management under the Federal Clean Water Act.
BIODETENTION: A low impact development term, also sometimes called a rain garden,
biofilter or porous landscape detention, that is based on onsite retention of stormwater
through the use of vegetated depressions engineered to collect, store, and infiltrate runoff.
BMP: Best management practice. See Best Management Practice definition
ECOLOGICAL RESTORATION PROJECT: A project where the site is intentionally
altered to establish a defined, indigenous, historic ecosystem.
ET or ETo: See definition of EVAPOTRANSPIRATION (ET) RATE.
ETAF: Evapotranspiration adjustment factor; see definition of
EVAPOTRANSPIRATION (ET) RATE.
EVAPOTRANSPIRATION (ET) RATE: The quantity of water evaporated from adjacent
soil and other surfaces and transpired by plants during a specified time. Reference ET or
ETo is a standard of measurement of environmental parameters that affect the water use
of plants. ETo is expressed in inches of water per day, month, or year and is an estimate
of the evapotranspiration of a large field of four-to-seven inch tall cool-season grass that
is well-watered. Reference ET is used as a basis for determining the Maximum Applied
Water Allowances. Reference ET for the Salt Lake City area is defined in the Salt Lake
C'ity Plant and Turf Guide. The evapotranspiration adjustment factor (ETAF) is a
coefficient that adjusts reference evapotranspiration (ETo) values based on a plant factor
(PE') and irrigation efficiency (IE) and is used to calculate the maximum amount of water
that can be applied to a landscape.
HYDROZONES: In a landscape, plants with similar water needs that are grouped
together and irrigated together for the purpose of using water efficiently. A hydrozone
may be irrigated or non-irrigated. Hydrozones and applicable plants are further defined
in the Salt Lake City Plant and Turf Guide.
IRRIGATION AUDIT: An in-depth evaluation of the performance of an irrigation
system that includes, but is not limited to an on-site inspection, system tune-up, system
test with distribution uniformity or emission uniformity, reporting overspray or runoff
that causes overland flow, and preparation of an irrigation schedule.
LANDSCAPE BMPs MANUAL: An abbreviated name for Salt Lake City Landscape
BMPs for Water Resource Efficiency and Protection.
LOW-VOLUME IRRIGATION: The application of irrigation water at low pressure
through a system of tubing or lateral lines and low-volume emitters such as drip, drip
lines, micro-emitters, in-line tubing, and bubblers. Low-volume irrigation systems are
specifically designed to apply small volumes of water slowly at or near the root zone of
plants.
MULCH: Any organic material such as leaves, bark, straw, compost or inorganic mineral
materials such as rocks, gravel, and decomposed granite left loose and applied to the soil
surface for the beneficial purposes of reducing evaporation, suppressing weeds,
moderating soil temperature, and preventing soil erosion.
OASIS: A component of a landscape that requires a high, or comparatively higher
volume of water to be sustained; includes water features.
OVERSPRAY: Irrigation water that is delivered beyond the target landscaped area.
RAINWATER HARVESTING: Collection of rainwater on site that is used or stored for
landscape irrigation. Rainwater harvesting is regulated and managed by the Utah
Division of Water Rights.
REUSE WATER: Treated or recycled waste water of a quality suitable for non-potable
uses such as above-ground landscape irrigation and water features. This water is not
intended or fit for human consumption.
SALT LAKE CITY LANDSCAPE BMPs FOR WATER RESOURCE EFFICIENCY
AND PROTECTION: A manual published and maintained by the Salt Lake City Public
Utilities Department establishing standards and practices to achieve water-use
efficiencies, water quality protection measures, and tree and landscape best management
practices in landscaping. Also referred to as Landscape BMPs Manual.
SALT LAKE CITY PLANT LIST AND HYDROZONE SCHEDULE: A guide
published and maintained by the Salt Lake City Public Utilities Department setting forth
appropriate plants and turf to be utilized in landscape plans and their associated
hydrozones.
SOIL AMENDMENT: Elements added and incorporated into the soil, such as compost,
peat moss, vermiculite, sand, or fertilizer, to improve its capacity to support plant life.
STRUCTURAL SOIL: A combination of amended soil and gravel that allows tree root
development while providing the structural strength to hold the weight of hard surface
treatments such as sidewalks or parking lot pavement. The specific mix of structural soil
is determined by Salt Lake City engineering standards.
TEMPORARILY IRRIGATED AREA: Areas that are irrigated for a limited period only
after landscaping installation until plantings become established.
TIER 2 WATER TARGET: When in reference to irrigation-only accounts, it is the
volume of water that is calculated for reasonable outdoor water usage, as established by
the Salt Lake City Department of Public Utilities.
TREASURED LANDSCAPE: Landscapes associated with designated historic structures
and sites, public gardens, and other notable sites and institutions as determined by the city
that may be allowed a higher volume of water use.
"1'UIRF: Grasses planted as a groundcover and mowed and maintained to be used as a
lawn area of landscaping.
WATER BUDGET: The monthly and annual water use for a specific landscaped area
based on the square footage of the area, the ETAF, and the reference ETo (see definition
of EVAPOTRANSPIRATION (ET) RATE).
WATER FEATURE: A design element with open water that performs an aesthetic or
recreational function. Water features include but are not limited to ponds, lakes,
waterfalls, fountains, artificial streams, spas, and swimming pools where water is
artificially supplied. Constructed wetlands used for on-site wastewater treatment or
storm water best management practices are not included in this definition.
SECTION 2. Amending text of Salt Lake City Code Section 21A.60.020. That Section
21 A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms), shall be,
and hereby is, amended, in pertinent part, such that each of the following terms shall be added
and inserted alphabetically into that section:
Backflow preventer.
Best Management Practice.
Biodetention.
BMP. (See "Best Management Practice")
Caliper.
Ecological restoration project.
ET or ETo. (See "Evapotranspiration rate")
ETAF. (See "Evapotranspiration rate")
Evapotranspiration (ET) rate.
Hydrozones.
Irrigation audit.
Landscape BMPs Manual.(See"Salt Lake City Landscape BMPs for Water Resource
Efficiency and Protection")
Low-volume irrigation.
Maximum extent practicable.
Mulch.
Oasis.
Overspray.
Rainwater harvesting.
Reuse water.
Salt Lake City Landscape BMPs for Water Resource Efficiency and Protection.
Salt Lake City Plant List and l lydrozone Schedule.
Soil amendment.
Specimen tree.
Structural soil.
Temporarily irrigated area.
Tier 2 Water Target.
Treasured landscape.
Tree protection area.
Turf.
Water budget.
Water feature.
SECTION 3. Amending text of Salt Lake Cit&Code Section 21 A.48 to adopt Section
21 A.48.055. That the Salt Lake City Code shall be,and hereby is,amended to adopt Section
21A.48.055(Zoning:Landscaping and Buffers:Water Efficient Landscaping),which shall read
as follows:
21A.48.055:WATER EFFICIENT LANDSCAPING
A. APPLICABILITY
1. New Development.
All new development as specified below requiring approval by the city shall
comply with the provisions of this ordinance.
(1 ) Residential:
(a) Large subdivisions with 10 or more lots (common and public areas and
street landscaping only, not individual single-family lots unless greater
than % acre);
(b) Multi-family residential, three units or more;
(c) Planned unit developments that include residential units;
(d) Single-family and twin-family homes on lots greater than 1/2 acre; and
(e) Common areas of condominium and/or planned developments.
(2) Non-Residential:
(a) Industrial;
(b) Commercial;
(c) Institutional (including public facilities);
(d) Mixed-use developments including industrial, commercial, or institutional
elements; and
(e) Developments utilizing city funds or grants.
2. Existing Development.
The regulations in this ordinance shall apply to all existing non-residential and
multi-family residential development projects that increase the assessed valuation
of the site and/or site improvements by 25% or more.
3. Exemptions.
The following developments and uses are exempt from the provisions of this
ordinance unless otherwise specified:
(1) New single- and twin-family homes on lots one-half(1/2) acre or less unless
part of a subdivision with 10 or more lots;
(2) Treasured landscapes;
(3) Plant collections as part of botanical gardens and arboretums open to the
public;
(4) Community gardens and portions of private gardens dedicated to edible plants;
(5) Cemeteries;
(6) Ecological restoration projects that do not require a permanent irrigation
system; and
(7) Similar uses and activities as determined by the planning director in
consultation with the public utilities department.
B. SUBMITTAL REQUIREMENTS
In addition to the submittal requirements set forth in Section 21A.48.030, Landscape
Plan, the applicant shall complete the landscape submittals packet as outlined in the
Salt Lake City Landscape BMPs for Water Resource Efficiency and Protection.
(Landscape BMPs Manual, see Appendix A). The landscape submittal packet shall
be prepared by a licensed landscaped architect, licensed civil engineer, licensed
architect, certified irrigation professional, or other landscape professional
appropriately licensed or recognized by the State of Utah or Salt Lake City. It shall
contain the submittal information listed in the Landscape BMPs Manual unless
specifically waived in writing by the zoning administrator in consultation with the
public utilities department director.
C. REVIEW PROCEDURES
The following review procedures shall be followed for all landscaping plans and
irrigation systems subject to this ordinance:
1. Landscaping plans shall be submitted concurrently with a development
application and reviewed by the planning department in consultation with other
relevant agencies such as the public utilities department.
2. The public utilities department is authorized to coordinate the production,
publication, and maintenance of guides and manuals addressing water-efficient
irrigation systems and landscape design for non-residential and residential
developments subject to this ordinance. These guides and manuals may include,
but are not limited to, information on hydrozones and appropriate vegetation for
each, water-wise landscape plant lists, and irrigation system design and
components, and landscape design practices that promote water conservation.
3. No certificate of occupancy (CO) for a development subject to this ordinance
shall be issued until any required water-efficient landscape plan (including
irrigation systems where relevant) has been approved, installed, and fully
functioning. An irrigation audit report prepared by an independent certified
irrigation auditor shall be required to be submitted to confirm that the irrigation
system is functioning as required prior to issuance of a CO.
4. Temporary COs may be issued if seasonal growing conditions are not appropriate
for landscape installation provided that the applicant post an acceptable surety
with the city to ensure installation within nine months of the issuance of the
temporary CO.
5. Backflow prevention plans shall be reviewed by the public utilities department.
D. STANDARDS
All developments subject to this ordinance shall comply with the following standards:
1. Required Plants.
All landscapes in developments subject to this ordinance shall use plants
identified in the Salt Lake City Plant List and Hydrozone Schedule or plants
identified as being water-wise or low-water plants in other guides approved by the
public utilities department. Plants not listed in these references shall not exceed
ten (10) percent of the total landscaped area. Unlisted plants, water features, and
the highest water-demand turf grasses as identified in the Salt Lake City Plant and
Turf Guide shall collectively not exceed more than twenty (20) percent of the
total landscaped area.
2. Plant Substitutions.
Landscaping shall be installed consistent with the approved planting plans, but
plant substitutions may be made provided that the substituted plants are from the
same hydrozone and of similar plant type (grass for grass, tree for tree, etc) as the
plant originally specified in the approved landscape plan.
3. I-Iydrozoncs.
a. All landscape plans shall identify and indicate each plant,and all plants shall
be grouped into appropriate hydrozones as listed in the Salt Lake City Plant
List and Ilydrozone Schedule and as described in the Landscape BMPs
Manual.Mixing plants from different hydrozones and with different water
demands is strongly discouraged. Landscape areas with a mix of plants from
different hydrozones shall be designated on landscape submittals as being of
the hydrozone of the highest water-demand plant within that irrigation zone.
b. No more than twenty(20)percent of the landscaped area of any landscape
plan shall be devoted to the highest hydrozone or highest water-demand turf
species as defined in the Salt Lake City Plant List and Ilydrozone Schedule or
water features or a combination thereof.
4. Water Budget.
a. All developments with a total landscaped area one-half(1/2)acre or greater
must install an irrigation meter at the expense of the applicant and shall be
assigned a Tier 2 Water Target by the public utilities department as set forth in
Section 17.16.680 of the Salt Lake City Code(Public Services).
b. All developments with a total landscaped area of less than one-half(1/2)acre
will not be required to install an irrigation meter,but may do so at their
option.
5. Small Landscaped Areas.
To prevent overspray and water waste,landscaped areas eight(8)feet or smaller
in any perimeter dimension,including but not limited to parkstrips,parking lot
islands,and landscaped areas separated by walkways from other landscaped areas,
shall only be irrigated with micro-emitter systems,MP rotator nozzles,or similar
low-flow devices identified in the Landscape BMPs Manual or by the public
utilities department. Pop-up spray and rotor heads,impact rotors,gear-driven
rotors,large turf rotors,and similar devices are prohibited in these areas.
6. Soil Amendment/Preparation.
Where a soil report documents soil conditions unfavorable for healthy plant
growth,soil amendment with organic and/or inorganic materials to provide plant
nutrients or a better growing medium shall be required as specified in the
Landscape BMPs Manual.
7. Mulch.
Where mulch is required or allowed in a landscape plan by this ordinance,it shall
be installed at a minimum depth of three(3)inches. Fiber barriers and plastic
sheeting that are not porous to air and water are prohibited.
8. Runoff.
Irrigation and stormwater runoff from a site shall be minimized through the use of
swalcs,rain gardens,terracing,and pervious materials(where approved by the
city)and in compliance with existing city regulations,which includes prohibition
of stormwater runoff crossing property lines or passing over public sidewalks.
9. Preservation of Existing Specimen Trees.
All specimen trees located within a landscape plan area shall be protected as
provided in Chapter 21 A.d8.135,free Protection.
10,Water Features.
The surface area of a water feature shall be included in the area calculation and
assigned the appropriate hydrozone as specified in the Salt Lake City Plant List
and Ilydrozone Schedule. Recirculating systems shall be used for all water
features such as fountains,ponds,reflecting pools,etc.
11.hrigation Systems.
a. Irrigation systems shall be designed,installed,and maintained as set forth in
the Landscape BMPs Manual. At a minimum such systems shall be designed
and calibrated that water delivery during irrigation season(April 1 through
October 31)does not exceed 80 percent of reference ET or the current Tier 2
Target Budget(Salt Lake City Code Section 17.16.670),whichever is less
unless waived by the zoning administrator in consultation with the public
utilities department.Such systems must be installed prior to plant materials.
b. Smart controllers and rain sensors(e.g.,weather-based controllers that limit
irrigation if raining)shall be installed on all irrigation systems as specified in
the Landscape BMPs Manual.
c. Micro-emitters,MP rotators,or similar low-flow irrigation devices shall be
used in landscaped areas eight(8)feet or smaller in any perimeter dimension
to avoid overspray and runoff.
d. Irrigation systems with a precipitation rate exceeding 0.75 inches per hour
shall be prohibited on steep slope areas(slope greater than 30%)exceeding
one thousand(1,000)square feet unless(1)infiltration trenches,vegetated
swales,biodetention areas,and similar facilities as approved by the city are
employed to reduce runoff or(2)the landscape designer specifies an
alternative design or technology that clearly demonstrates to the city's
satisfaction no runoff or erosion will occur. Prevention of runoff and erosion
must be confirmed during the pre-occupancy irrigation inspection.
12.Backflow Prevention.
Backflow prevention assemblies shall be designed and installed according to the
standards as outlined in the Salt Lake City Irrigation and Landscape Design
Manual.
F. INSPECTION,MAINTENANCE,ENFORCEMENT
1. Pre-Occupancy Inspection and Irrigation Audit.
Prior to the issuance of any certificate of occupancy for a development subject to
this ordinance,an irrigation audit report shall be submitted to the city as provided
in Section 21A.48.055.C.3. Additionally.a backflow prevention inspection report
by a certified backflow technician shall be submitted to the department of public
utilities,and shall include a verification of compliance to approved submittal
packet and an initial test report.
2. Bonds and Security Requirements.
Where an applicant/developer is required to provide water-efficient landscaping
and an irrigation system pursuant to this ordinance,the estimated cost of such
landscaping and facilities,as approved by the zoning administrator in consultation
with the public utilities department,shall be set forth as a separate figure in a
security device acceptable to the city.Upon the completion of such landscaping
and facilities,and provided that the city has not received any claims or notices of
claim upon the security device,fifty percent(50%)of the money held as security
for such facilities shall be returned to the applicant/developer and fifty percent
(50%)shall be retained for one(1)growing season to ensure that growth has
taken hold and to secure the applicant/developer's other obligations under the
landscaping plan.All dead vegetation shall be replaced through replanting at the
end of the second growing season.At the end of that one(I)year period,and
provided that the city has not received any claims or notices of claim upon the
security device and that the landscaping and irrigation system remains acceptable
to the city,the city shall release or consent to the release of the final fifty percent
(50%)of the security device to the applicant/developer. All sums,if any,held by
the city in the form of cash shall be returned to the applicant/developer without
interest,the interest on such money being reimbursement to the city for the costs
of supervision of the account. If the security device is a corporate surety bond,
copies of the partial release from the city shall he sent to the recorder's office for
inclusion with and attachment to the bond.
3. Maintenance.
a. Responsibility:The owner of the premises shall be responsible for the
maintenance,repair and replacement of all landscaping materials and barriers,
including refuse disposal areas,as may be required by the provisions of this
chapter.
b. Landscaping Materials: Landscape materials shall be maintained to ensure
water efficiency. A regular maintenance schedule shall be maintained and
available to be viewed by the city. It shall include but not be limited to:
aerating and de-thatching turf areas(only if needed),replenishing mulch,
fertilizing,pruning,and weeding in landscaped areas;checking,adjusting,and
repairing irrigation equipment;removing obstructions to irrigation emission
device:and resetting automatic controllers. See Landscape BMPs Manual
Appendix A.
c. Fences.Walls.and Hedges:Fences,walls and hedges shall be maintained in
good repair.
d. Irrigation Systems:Irrigation systems shall be maintained in good operating
condition to promote the conservation of water.
e. Backflow prevention assemblies shall be maintained in accordance with
manufacturer's standards and state regulations.Annual test reports by a
certified backflow technician shall be submitted to the public utilities
department. Failed devices can be replaced with comparable assemblies and
require reports as stated in Section 21A.48.055.D.12 of this code.Devices
replaced with a different assembly type must meet submittal requirements as
stated in Section 21A.48.055.B.7.
4. Enforcement.
a. General. The provisions of this ordinance shall be enforced pursuant to
Section 21A.20,Enforcement.
b. Failure to comply with regulation pertaining to backflow protection and cross
connection control shall result in the termination of water service.In the case
of a contamination or cross connection incident,the public utilities department
may require a backflow prevention and cross connection inspection and take
the appropriate measures to ensure utility system integrity and public health
and safety.
c. Water audits. If a water budget established for a development pursuant to
Section 21A.48.055.D.4.a above is exceeded in any billing cycle,the owner
may be required by the public utilities department at the owner's expense to
undertake an irrigation audit conducted by an independent certified irrigation
auditor in a manner consistent with the standards adopted by the Irrigation
Association. At the direction of the public utilities department,the owner
shall carry out any remedial measures identified in the audit or by the public
utilities department to comply with the established water budget.
SECTION 4. Amending text of Sall Luke City Code Section 21A.48 to adopt Section
21 A,48.135. That the Salt Lake('i!}'Code shall be,and hereby is,amended to adopt Section
21 A,48.135(toning:Landscaping and Buffers:Tree Protection),which shall read as follows:
21A.48.135:TREE PROTECTION
IN RPOSI;STATEMENT
EMENT
(he purpose of these tree protection 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 protection 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 non-residential lands--and it is the intent of this section through the protection 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 run-off 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.
A. APPLICABILITY
1. General.
The standards in this section shall apply to new development in the city unless exempted
in accordance with Section B, Exemptions. 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.
Chapter 2.26, 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.
B. EXEMPTIONS
The following specimen tree removal activities are exempt from the standards of this
section upon confirmation and approval by the Urban 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 required by the Urban Forester for the purposes of
conflict with utilities or streets.
C. DEFINITIONS
1. "Caliper"shall mean the dimension of the diameter of a tree trunk measured at a
distance of 4. 6"from the ground.
2. "Maximum extent practicable"shall mean no feasible or practical alternative
exists,as determined by the Urban Forester,and all possible efforts to comply
with the standards or regulations and minimize potential harmful or adverse
impacts have been undertaken by the applicant.Economic considerations may he
taken into account but shall not be the overriding factor in determining
"maximum extent practicable."
3. "Specimen tree"shall mean a structurally sound mature tree,native or introduced,
that is characteristic of the species;with space and essential requirements for its
growth both above and below ground compatible with existing and proposed site
conditions;whose future vitality can be reasonably expected and maintained with
proper protection and regularly scheduled care;whose contributions to carbon
sequestration,shade footprint,soil permeability,and aesthetics is high;and whose
absence from the landscape would significantly alter the site's appearance,
character or history.
4. "Tree protection area"is the area of a development site that includes the area
located within the drip line of specimen trees and also includes the area that
supports tree health requirements and interactions as determined by the Urban
Forester.
U. STANDARDS
1. Preservation of Specimen'frees.
Specimen trees shall be preserved to the maximum extent practicable as
determined by the zoning administrator in consultation with the Urban Forester,
unless exempted pursuant to Section C,Exemptions.In determining if
preservation is impracticable.the city shall consider the following criteria,
including but not limited to:
a. 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
b. Whether preservation of the specimen tree would render all permitted
development on the property infeasible,or
c. If development of the property will provide significant community benefits
that outweigh tree preservation.
2. Cutting,Removal,or Harm Prohibited.
Specimen trees shall not be cut,removed,pushed over,killed,or otherwise
harmed unless approved to Section D.I,above.
a. Paving,Fill,Excavation,or Soil Compaction Prohibited.
The tree protection area of any protected specimen tree shall not be subjected
to paving,filling,excavation,or soil compaction.
3. 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.
Two caliper inches of replacement trees shall be provided for each caliper of
specimen tree removed(for example,if a 24"caliper specimen tree is
removed,it must be replaced with at least 24 trees of a minimum 2"caliper or
eight trees with a 6"caliper). Each replacement tree shall be a minimum of
two caliper inches,and shall either be replanted prior to certificate of
occupancy or within a conditional timeframe as approved by the zoning
administrator in consultation with the Urban Forester. Replacement trees
shall not be used to meet any other landscape requirements,but be in addition
to such requirements.Consult the Salt Lake City Plant and Turf Guide for
recommendations on tree selection.
Replacement trees shall be planted on the lot or site where the specimen tree
was removed except where the zoning administrator in consultation with the
Urban Forester 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 into the city's tree
fund.
c. Modification by Zoning Administrator.
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.
d. Landscape Credit Provided.
Any development that preserves a specimen tree shall be granted credit
towards any required landscaping tree planting requirements pursuant to
Chapter 21A.48 of the zoning ordinance,Chapter 20(Subdivisions),and the
site development ordinance on a 2:1 basis(2 inches of caliper credit for every
inch of caliper preserved).
F. SPECIMEN TREE PROTECTION DURING CONSTRUCTION
1. Owner's Responsibility.
During construction,the applicant 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 harriers necessary to protect any existing or installed specimen tree
from damage during and after construction.
2. Tree Protection Fencing.
a. When Required:
Specimen trees shall be fenced in accordance with this subsection before any
grading,excavating,or other land-disturbing activity begins on a construction
site. Fencing shall protect the tree from excavation,fill,compaction,or other
impacts that would threaten tree health. No construction,grading,equipment
or material storage,or any other activity shall be allowed within the fenced
area except in accordance with the standards in subsection 3,below,
Encroachments into Tree Protection Areas and Root Zones. Fencing shall be
maintained until the land disturbance activities are complete.
The tree protection fencing shall be clearly shown on the required
development applications such as a site plan,building permit,or grading
permit application.
b. Location.
Fencing shall extend at least one foot in distance from the edge of the drip line
of a specimen tree or group of specimen trees.
c. Type of Fencing.
The developer shall erect a plastic mesh or chain link fence a minimum of
four feet in height at the drip line around each specimen tree or group of
specimen trees. Such fencing shall be secured to withstand construction
activity and weather on the site and maintained in a functional condition.
d. Inspection.
All tree protection measures shall be inspected and approved by the Urban
Forester prior to the commencement of any land disturbing activities.
3. Encroachments Into Tree Protection Areas and Root Zones.
Encroachments into a tree protection area or within the root zones of trees
protected in accordance with this subsection shall occur only in rare instances. If
such encroachment is anticipated,the following preventative measures shall be
employed prior to the action:
a. Arborist Report.
Written verification is prepared by a certified arborist of the tree's condition
before and after encroachment,including preventative measures that shall be
employed prior to,during,and after the encroachment to insure the viability of
the tree.
b. Soil Compaction.
Where compaction might occur due to planned,temporary traffic through or
materials placed within the protection area,the area shall first be mulched
with a minimum four-inch layer of wood chips or a six-inch layer of pine
straw. Plywood sheet or metal plate coverage of the impacted area may be
accepted by the Urban Forester when high moisture conditions warrant.
Equipment or materials storage shall not be allowed within the tree protection
zone.
c. Grade Changes.
Grade changes that alter existing conditions of soil moisture content;historic
drainage patterns;and/or diffusion of atmospheric gases entering and exiting
the soil profile can injure and/or kill trees. 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 zoning
administrator and Urban Forester.
d. Construction Debris/Effluent.
In no instance shall any debris or effluent associated with the construction
process,including equipment or vehicle washing,concrete mixing,pouring,or
rinsing processes,drain onto lands within tree protection areas.
F. MAINTENANCE
Any new trees used to replace specimen trees shall be maintained in a healthy
condition and eared for pursuant to the standards of the Urban Forester. If in the
opinion of the city,replacement trees show signs of decline or mortality within the
first two years of planting.they shall be replaced by the applicant.
G. REMOVAL PRIOR TO DEVELOPMENT
If a specimen tree is removed from a site within two years prior to any development
application on the site by the applicant or someone associated with the applicant,the
applicant shall mitigate for such removal on a 3:1 caliper basis pursuant to the
provisions of Section D.3 above.
11. ENFORCEMENT
These tree protection provisions shall he subject to the zoning and development
enforcement codes as adopted by the city.
SECTION 5. Amending text of Salt Lake('iry('ode Section 21A.48.090. That Section
21A.48.090 of the Salt Lake City Code(Zoning:Landscaping and Buffers:Landscape Yards),
shall be.and hereby is,amended to read as follows:
21A.48.090:LANDSCAPE YARDS:
Landscape yards are yards devoted exclusively to landscaping except,however,that
driveways and sidewalks needed to serve the use and buildings on the lot may he located
within a required landscape yard.As used in this chapter,the term"landscaping"shall be
defined as set forth in Section 21A.62.040,"Definitions",of this title.No specific
improvements are required within landscape yards,except that all landscape areas shall
be maintained with at least one-third(1/3)of the yard(s)area covered by vegetation,
which may include trees,shrubs,grasses,annual or perennial plants and vegetable plants.
Mulches such as organic mulch,gravel,rocks and boulders shall be a minimum depth of
three inches(3")or more,dependent on the material used,to control weeds and erosion in
unplanted areas and between plants.and that these aforementioned items at all times
cover any installed weed block barriers that cover the ground surface.
SECTION 6. Effective Date. This ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City tah, i 2 n day of Apr 1 ,
2014.
' CAI
ATTEST—AND COUN E SIGN: J
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(------1 '1 Pl/Rter i"
CITY RECORDER
Transmitted to Mayor on April 24, 2014 .
Mayor's Action: x' Approved. Vetoed.
A 41,1
AY v
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CITY RECORDER/ fMOR
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s IX*\# APPROVED AS TO FORM
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`� _• ,y..-- .:``p, Salt Lake City Attorney's Office
13 ��\�\'°ORA'f�*._-07� Date: /rlzli-1 2ei'/
Bill No. of 2014. —.—
Published: May 2, 2014 . Y.", +�t d C.Niels n, e ior City Attorney
HB_ATTY-#15905-v I I-Ordinance__Sustainabil ity_landscaping_water_trees.DOC