003 of 2008 - Enacting 21A.34.130 riparian corridor overlay district 0 08-1
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SALT LAKE CITY ORDINANCE
No. 3 of 2008
(Enacting 21A.34.130 Riparian Corridor Overlay District(RCO), applying said overlay district to
all properties located within one hundred feet(100') of the Annual High Water Level of Non-
Ephemeral Above Ground Streambed Corridors, amending the Salt Lake City Zoning Map, and
making other related changes)
AN ORDINANCE ENACTING SECTION 21A.34.130, SALT LAKE CITY CODE, TO
CREATE RIPARIAN CORRIDOR OVERLAY DISTRICT (RCO), APPLYING RCO
RIPARIAN CORRIDOR OVERLAY ZONE TO ALL PROPERTIES WITHIN ONE
HUNDRED FEET (100') OF THE ANNUAL HIGH WATER LEVEL OF NON-EPHEMERAL
ABOVE GROUND STREAMBED CORRIDORS, AMENDING THE SALT LAKE CITY
ZONING MAP, AND MAKING OTHER RELATED CHANGES, PURSUANT TO PETITION
NO. 400-07-18.
WHEREAS, on July 18, 2007, the Salt Lake City Council passed Ordinance No. 50 of
2007, Enacting Temporary Land Use Regulations for Non-Ephemeral Above Ground Streambed
Corridors, which will expire on January 18, 2008;
WHEREAS, the Salt Lake City Council desires to enact land use regulations that will
minimize erosion, stabilize banks, protect water quality,preserve fish and wildlife habitat, and
preserve aesthetic values of natural watercourses and wetland areas on a permanent basis;
WHEREAS, protection and preservation of streambed corridors within the City promotes
the public health, safety and general welfare of present and future City residents; and
WHEREAS, after hearings before the Planning Commission and the Salt Lake City
Council, the City Council has determined that the following ordinance is in the best interest of
the City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Section 2.40.110 I of the Salt Lake City Code shall be and hereby is
enacted to read as follows:
I. Hear and decide appeals arising from decisions granting or denying a Riparian
Protection Permit.
SECTION 2. Section 2.40.120 of the Salt Lake City Code shall be and hereby is
amended to read as follows:
Except for appeals regarding riparian protection permits, all action taken
by the committee shall constitute recommendations to the mayor and shall not
constitute official action. All action shall be reduced to writing and submitted to
the city recorder's office for presentment to the mayor. The city recorder shall
present the same to the mayor. The mayor shall have the power to review, ratify,
modify or veto any action submitted by the committee. The city recorder shall
promptly notify the committee in writing of the action taken by the mayor. No
action shall be implemented until the committee is notified in writing that it has
been ratified by the mayor, or that the action was modified and adopted by the
mayor and in such event it shall be implemented as modified. In the event the
mayor shall desire to hold any matter for further study, the chairperson of the
committee shall be notified. Action will take effect only upon ratification by the
mayor. (Amended during 1/88 supplement: prior code § 49-10-9)
SECTION 3. Enacting RCO Riparian Corridor Overlay District: That Section
21A.34.130 of the Salt Lake City Code shall be and hereby is enacted to read as follows:
21A.34.130 RCO Riparian Corridor (RCO) Overlay District:
A. Purpose Statement.
The purpose of the Riparian Corridor Overlay(RCO) is to minimize erosion and stabilize stream
banks, improve water quality, preserve fish and wildlife habitat, moderate stream temperatures,
reduce potential for flood damage, as well as preserve the natural aesthetic value of streams and
wetland areas of the City. This overlay District provides protection for all stream corridors and
wetlands east of the Interstate 215 Highway and includes City Creek, Red Butte Creek,
Emigration Creek, the Jordan River and Parleys Creek and their tributaries. Many of these
streams run through single family residential areas that were already developed on the adoption
date of this ordinance. In those areas, the RCO is intended to account for and to achieve a
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reasonable balance between the dual natures of the areas--natural streams and residential uses.
Canals and irrigation ditches are not included. The Surplus Canal and water courses west of
Interstate 215 are protected under Section 21A.34.050 Lowland Conservancy Overlay(LC)
District. The requirements of the RCO District shall supplement other applicable codes and
regulations, including State and Federal regulations and the Salt Lake City Floodplain Ordinance.
The RCO does not relieve the obligation for compliance with all other land use and zoning
regulations applicable to a property.
B. Delineations:
Any Boundaries and Delineations required under the RCO shall be prepared by a licensed
professional Hydraulic Engineer, Hydrologist, Wetlands Scientist, Fluvial Geomorphologist or
other equivalent qualified environmental science professional. All delineations are subject to the
approval of the Public Utilities Director.
The Riparian Corridor shall be delineated at the annual high water level on the bank taking into
consideration the characteristics of the surrounding area. Where the annual high water level
cannot be found, the top of the channel bank may be substituted under the approval of the Salt
Lake City Public Utilities Director or his designee. The Army Corps of Engineers must have
approved any required wetland delineations prior to submittal to the Public Utilities Director. If a
wetland occurs within and extends beyond the 100 feet or the Riparian Corridor, the outermost
edge of the wetland will determine the outer edge of the Riparian Corridor.
C. Minimum Setbacks for New Construction, Additions and Accessory Structures.
The following minimum setbacks shall be required within the Riparian Corridor(Illustration A):
ILLUSTRATION—A
14Q RIPARIAN CORRIDOR
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AREA 'A' AREA`B' ARIA`�' 8
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1. Riparian Corridor is a one hundred foot (100') transition buffer measured from the Annual
High Water Level of the adjacent water course and/or wetland. This area may be extended for
wetlands as described in 21A.34.130(B). No leach fields, storm water retention ponds, detention
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basins or commercial parking lots shall be located within the Riparian Corridor. No person or
organization shall engage in any ground-disturbing activity that will remove, fill, dredge, clear,
destroy, armor, terrace or otherwise alter this area through manipulation of soil, or other material
except as allowed by: (i) this ordinance and, where required by this ordinance, also the Public
Utilities Director; or(ii) the U.S. Army Corps of Engineers, Salt Lake County Flood Control, the
Utah State Engineer and/or other government authorities where applicable. The following areas
are established within the Riparian Corridor Overlay:
a. Area A is a No Disturbance Area measured from zero to twenty-five feet (0'-25') from the
AHWL. This is the outermost limit that prohibits disturbance. No new construction shall occur
closer than twenty-five feet (25')horizontally to the annual high water level, except as permitted
by this ordinance. Approved activities within Area A which are allowed without a Riparian
Protection Permit include: (1) manual removal of storm debris, dead vegetation and trash by
property owner; (2)pruning or removal of trees along utility easements by the responsible entity;
(3) removal of invasive plants; (4)planting of native non-invasive vegetation or other approved
groundcover, shrubbery and trees on a list of approved vegetation within Riparian Areas
published by Public Utilities and/or the Urban Forester; and (5) maintenance of existing fences
and structures within the original footprint as long as further armoring of the stream bank is not
required, and there is no instability due to movement of a steep slope, or the proposed
construction activities within Area A have been approved if required, by the U.S. Army Corps of
Engineers under the Clean Water Act or the River and Harbors Act, or by the Utah State
Engineer under the Stream Alteration Permit Program.
b. Outdoor residential uses in Area A which require a Riparian Protection Permit and do not
require the use of heavy equipment are: (1)new construction or maintenance of access stairs
and/or paths between vertical levels within Area A, or between Area A and Area B and no more
than one per level in terraced areas, and (2)permeable open patios and decks on grade and not
greater than 150 square feet each and no more than one per level in terraced areas; (3) low impact
stream crossings; (4) open (such as chain link or wrought iron, as opposed to solid masonry or
wood) fences. Provided, however, that any portion of any fence to be installed beyond the
AHWL must first be approved by the Public Utilities Director or Designee, pursuant to
applicable design standards; and (5) installation and maintenance of erosion controls,which must
also be approved, if necessary, by the U.S. Army Corps of Engineers, Salt Lake County Flood
Control, the Utah State Engineer and/or other government authorities with jurisdiction and which
erosion controls may include armoring, if(a) the armoring is necessary to protect the structural
integrity of an existing structure on the property or significant loss of property area due to
erosion, (b) the owner has reasonably exhausted less intrusive methods to prevent significant
property damage, (c) the armoring is placed only where necessary to prevent significant property
damage in the foreseeable future, (d)the proposed armoring will not negatively impact other
adjacent or downstream properties, and (e)the armoring is permitted or required by Public
Utilities and/or one or more the foregoing government authorities.
c. Area B is a Structure Limit Area measured from twenty-five to fifty feet (25'-50') from the
AHWL. This delineates the limit where any type of construction (landscape walls, additions,
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accessory structures or new construction) can occur, except as otherwise permitted by this or
other ordinances. Approved activities within Area B which are allowed without a Riparian
Protection Permit include: (1) activities described in 21A.34.130(C)(1)(a) and(b); (2)new
construction of fencing; (3) construction of open patios and decks with footings with a maximum
of two feet (2') above grade; (4)minimal grading; (5) compost from yard debris; and (6)
mechanized removal of fallen or diseased trees.
d. Replacement or rebuilding of a pre-existing structure in Areas A and/or B requires a
Riparian Protection Permit and is allowed, consistent with the continuation of nonconforming
uses and noncomplying structures as set forth in Section 21A.38.050, if: (1) it replaces a pre-
existing structure with the same type of structure or a structure of lesser impact as pursuant to the
base zoning district, (2)no portion of the footprint of the new construction is any nearer to the
AHWL than the nearest point of the pre-existing structure to the AHWL, (3) the total square
footage of the portion of the footprint of the new structure to be located within Areas A and/or B
shall not exceed the total square footage of the footprint of the old structure as it was located
within Areas A and B, (4) the new construction does not require further armoring of the stream
bank, there is no instability due to movement of a steep slope, or unstable soils or geological
activity along a fault has not occurred and caused changes to the ground that are so severe that it
will not support the previous structural footprint; and (5) the new structure must comply with the
requirements of the base zoning district.
e. Area C is a Buffer Transition Area measured from fifty to one-hundred feet (50'-100') from
the AHWL. All development activities permitted by the base zone are allowed within Area C, as
well as those described in 21A.34.130(C)(1)(c)without a Riparian Protection Permit except leach
fields, storm water retention ponds, detention basins or commercial parking lots.
2. Riparian Protection Permit.
This permit is supplemental to the standard construction building permits and associated
processes. If a property owner cannot comply with the RCO or a specific activity in this
ordinance requires a Riparian Protection Permit, the property owner may submit an application
for a Riparian Protection Permit with the Director of Public Utilities (see Section 21A.34.130E).
The Director of Public Utilities shall issue a Riparian Protection Permit for the proposed use or
activity if it is consistent with this ordinance and provided the following criteria have been
satisfied to the satisfaction of the Director of Public Utilities: (a) the applicant submits
documentation that the construction associated with the activity will not result in the discharge of
sedimentation or soils into any water body or wetlands and any existing down hill storm drains
must be protected; (b) the proposed development will result in equal or better protection for the
riparian area because the riparian area will be restored,buffered, or enhanced through other
special measures; and(c) the proposed activity or use will not authorize alterations to occupy
more than fifty percent(50%) of the total area within Area A and B. If an existing legal lot or
parcel proposed for development is rendered unbuildable solely by application of the RCO or if a
Riparian Protection Permit is denied, it may be appealed to the Public Utilities Advisory Board.
D. Steep Slopes and Soil Stability Standards. As part of a Riparian Protection Permit, the
Public Utilities Director can require a geotechnical report and impose greater setbacks for
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structures or buildings from the Structure Limit Line to ensure safety. When unstable soils are
suspected regardless of the slope, the Public Utilities Director may require a geotechnical report,
increase the No Disturbance Line as well as impose greater setbacks for structures or buildings
from the Structure Limit Line to ensure safety. Replacement or repair of existing retaining
structures requires Riparian Protection Permit. Each proposed project will be reviewed on an
individual basis.
E. Riparian Protection Permit Application. In addition to the standard drawings for permit
review, an applicant for a Riparian Protection Permit shall submit the following to the Public
Utilities Department (and the Urban Forester for plant material), unless the permit is (a) for
activities described in Section 21A.34.130(C)(1)(a) or(b)waived by the Director of Public
Utilities because of the small size of affected area:
1. Plans shall be at a scale of 1"=20'minimum. Sections requiring a horizontal and vertical scale
shall be equal (example: Horizontal 1"=10', Vertical 1"=l0').
2. All site plans shall have existing and proposed grades with two (2) foot contour intervals.
3. Native vegetation should be identified by location, type and size. The proposed removal of
invasive vegetation must also be identified.
4. Cross section drawings showing the riparian corridor,building setbacks and location of
proposed structures.
5. 100 year flood plain, past flood hazard areas, geological faults, high liquefaction areas and
slopes 30% or greater must all be identified.
6. The applicant shall also submit any geotechnical or hydrological reports required as
determined by the Public Utilities Department.
7. Habitat of any threatened or endangered species of aquatic and terrestrial flora or fauna shall
be identified on the plan.
8. If wetlands exist on the parcel, a wetlands delineation approved by the Army Corp of
Engineers.
The Public Utilities Director shall expedite the permit review process if the applicant reasonably
demonstrates an imminent danger to individuals or property.
F. Definitions.
1. Annual High Water Level (AHWL) -Annual high water level means the highest level water
reaches annually, on average on the shore and is identified by: fresh silt or sand deposits, the
presence of litter and debris, or other characteristics indicative of high water levels.
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2. Armoring—A protective covering of a stream's bed or banks with erosion-resistant material
such as rock, concrete or stone filled gabion baskets. Armoring increases the stream flow
velocity, which causes further damage on opposite down stream banks. Armoring can increase
water temperatures,which negatively affects the stream channel, riparian habitat and water
quality.
3. Stream—A flowing body of water confined within a defined bed and banks. Streams may
have continuous or periodic flow. Streams are important as conduits in the water cycle,
instruments in aquifer recharge, and corridors for fish and wildlife migration. Stream is also an
umbrella term used in the scientific community for all flowing natural waters, regardless of size
(brook, creek, kill, rill, or run). Streams include intermittent or seasonal waterbodies,which exist
for long periods, but not all year round. They do not include Ephemeral creeks, streams, rivers,
ponds or lakes that only exists for a few days following precipitation or snowmelt.
4. Wetland—Those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes,bogs, and similar areas.
SECTION 4. Application of RCO Riparian Corridor Overlay Zone. The RCO Riparian
Corridor Overlay District enacted above shall be and hereby is applied to all properties within
one hundred feet(100') of the Annual High Water Level of Non-Ephemeral Above Ground
Streambed Corridors.
SECTION 5. Amendment of Salt Lake City Zoning Map. The Salt Lake City Zoning
Map shall be and hereby is amended consistent with the provisions set forth herein.
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, Utah, this 15th day of January
2008.
T.)
CHAIRP RSON
ATTEST:
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CHIEF DEPUTY ITY ORDER
Transmitted to Mayor on 1-16-08 .
Mayor's Action: X Approved. Vetoed.
40/,/
MAY O R
CHI F DEPUTY C Y RE O ER
CITY, l-/s -o21 ._
(SEAL) *i
Bill No. 3 of 2008.
Published: 1 19-08 \RPptz,�+�.�
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