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075 of 1985 - Salt Lake Urban Forestry Board 0 85-1 0 85-3 SALT LAKE CITY ORDINANCE NO. 75 OF 1985 (SALT LAKE CITY URBAN FORESTRY ROAR;r) AN ORDINANCE AMENDING Title 25 of the Revised Ordinance of Salt Lake City, Utah, 1965, by ADDING a new Chapter 29 to be entitled "Salt Lake City Urban Forestry Board". BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, UTAH: SECTION 1. That Title 25 of the Revised Ordinances of Salt Lake City, Utah, 1965, be, and hereby s AMENDED, by ADDING a new Chapter 29 to be entitled "Salt La'« City Urban Forestry Board". Sec. 25-29-1 . Purpose. The City Council and Mayor of Salt Lake City recognize the importance of the urban forest to the quality of life in Salt Lake City. The City Council and Mayor declare it to be a policy of the City that City property be landscaped to enhance the natural beauty of the City; that the responsibilities of City departments be coordinated to encourage quality landscaping; that landscaped City property be effectively managed; that the street environment be made hospitable through landscaping; and that residents of Salt Lake City be encouraged to participate in beautification efforts through installing and maintaining quality landscaping on private property. To fulfill this policy, this chapter is enacted and intended to establish a Salt Lake City Urban Forestry Board. Sec. 25-29-2. Definitions. For the purpose of this chapter the following words shall have the meaning as given herein: ( 1 ) "Urban Forester" is that person appointed by the Mayor to that position in the Parks Department. (2) "Urban Forest" means the landscaping characteristics of the city that contribute visual, psychological, economic, and social influences upon the quality of life in Salt Lake City. (3) "Landscaping" means trees, shrubs, lawn, groundcover, flowers, other plants, and other compatible materials; also, the act of installing such. Sec. 25-29-3. Creation of board. There is hereby created the Salt Lake City Urban Forestry Board, hereinafter referred to as the "Board". Sec. 25-29-4. Appointments. The Board shall consist of nine voting members to be appointed by the Mayor with the advice and consent of the Council in the following manner: ( 1) One member from each of the seven city council districts, one member representing the Central Business District, and one member representing the Sugar House Business District. Of the members first appointed, the Mayor shall designate three to serve for a term of one year, three to serve for a term of two years, and three to serve for a term of three years. Thereafter, as terms expire, all appointments shall be for terms of three years. Voting members shall serve no more than two consecutive terms on the Board. (2) The City Engineer and Planning Director shall serve as ex officio members of the Board. (3) The Urban Forester shall serve as administrative staff to the Board. Clerical staff shall be provided by the Parks Department. Sec. 25-29-5. Compensation. Members of the Board shall receive no compensation for their services. Sec. 25-29-6. Oath of office. To accept this appointment, -2- members of the Urban Forestry Board shall sign the oath of office required by law to be signed by City officials and file the same in the office of the City Recorder. Any member who shall fail to file his oath of office within ten days after notification of his appointment shall be deemed to have declined such appointment. Another person shall be appointed to the vacant position in the manner prescribed in these ordinances. Sec. 25-29-7. Vacancies. Vacancies occurring in the membership of the Board shall be filled in a manner preserving the designated representation by Mayoral appointment with the advice and consent of the Council for the unexpired term. Sec. 25-29-8. Removal from office. Any member may be removed from office by the Mayor for cause, prior to the normal expiration of the term for which such member was appointed. Sec. 25-29-9. Members ethics. Members shall be subject to and bound by the provisions of the City' s Conflict of Interest Ordinance Section 24-13-1, et. seq. , Revised Ordinances of Salt Lake City, 1965, as amended. Any violation of the provisions of said act shall be grounds for removal from office. Sec. 25-29-10. Eligibility for membership. A person appointed as a member of the Board shall be a resident of the State of Utah. Board members shall be individuals who are actively interested in the improvement of Salt Lake City's urban forest. Members representing each of the Council districts must reside in the district. Sec. 25-28-11. ( 1 ) Meetings. The Board shall hold regular monthly meetings. The Board shall hold its meetings in compliance with the Utah Open and Public Meetings Act. -3- (2) Special meetings may be called by a majority of the Board Members, the Chairperson, or the Mayor. The call for a special meeting must be signed by the parties calling such meeting and, unless waived in writing, each member not joining in the call for such special meeting must be given not less than three hours notice. Said notice shall be served personally or left at said Member' s residence or business office. (3) Five members of the Board shall constitute a quorum for the transaction of business. The Board may act officially by an affirmative vote of any five of the Members. (4) The Parks Department shall make available a secretary to the Board through the Urban Forester. Meetings shall be held at a public place as designated by the Board. (5) The Board shall cause minutes of its proceedings to be kept which shall be available for public inspection in the office of the Director of Parks. The Board shall record the yea and nay votes on any action taken by it. (6) The Board shall adopt a system of rules of procedure under which its meetings are to be held. The Board may suspend the rules of procedure by two-thirds vote of the members of the Board who are present at the meeting. The Board shall not suspend the rules of procedure beyond the duration of the meeting at which the suspension of the rules occurs. Sec. 25-29-12. Election of Board officers. Each year the Board at its first regular meeting after January 1 shall select one of its members as Chairperson and another of its members as Vice-Chair- person who shall perform the duties of the Chairperson during the -4- absence or disability of the Chairperson. No member shall serve more than two consecutive terms as Chairperson. Sec. 25-29-13. Review of action. All actions taken by the Board shall constitute recommendations to the Mayor. Such recommen- dations shall be included in and supported by the minutes and shall be submitted to the City Recorder's office for presentment to the Mayor. The City Recorder shall promptly present the same to the Mayor. The City Recorder shall promptly notify the Board in writing of the action taken by the Mayor. Sec. 25-29-14. Committees. The Board may designate ad hoc subcommittees as it deems appropriate and adviseable to study, consider and make recommendations on matters which are presented to the Board. If the Board desires non-members to serve on a subcommittee, it may request the Mayor to make such appointments. Members of subcommittees will also serve without compensation. Sec. 25-29-15. Powers and duties. The Board shall have the following powers and duties: ( 1) Determine and establish such rules and regulations for the conduct of the Board as the members shall deem advisable; provided, however, that such rules and regulations shall not be in conflict with this ordinance or other city, state or federal law. (2) Recommend the adoption and alteration of all rules, regulations, and ordinances which it shall from time to time deem in the public interest and most likely to enhance and beautify the urban forest, and for the purposes of carrying out this ordinance. (3) Within one year of the effective date of this ordinance, recommend an ordinance regulating the planting, maintenance, and -5- removal of trees on City property. (4) Recommend the broad matters of policy regarding the planting, maintenance, and removal of trees and other vegetation on City property. (5) Recommend policies for the review and approval of capital projects where trees or other vegetation will be planted or removed on City property. (6) Recommend policies for the review and approval of projects on private property where open space and/or landscaping is required as a condition for the development, and recommend policies for the enforcement of approved plans. (7) Assist the Urban Forester in encouraging landscaping installation and maintenance on private property by providing infor- mation on the value of landscaping and on the proper planting and care of trees and other vegetation; by conducting educational campaigns to inform residents of the requirements of city ordinances relating to landscaping; and by promoting private involvement in beautification projects. (8) Identify landscaping projects that will enhance the urban forest and advocate incorporation of the projects into the capital planning process. (9) Recommend policies and procedures to identify, mark, publicize and preserve historic and notable trees on both public and private property. (10) Assist the Urban Forester in promoting appreciation of trees and the urban forest through annual Arbor Day observances and -6- other activities. (11) Review those portions of the City budget allocated for the planting and care of trees and other vegetation, and advise the Mayor on the appropriateness of the funding levels. (12) Whenever a vacancy occurs in the position of Urban Forester, recommend a procedure to select a replacement. (13) Encourage improvement of the urban forest through planning and policy development. (14) Assist City departments in every way possible to enhance the urban forest in Salt Lake City. (15) In all instances, serve as an advocate of Salt Lake City's urban forest. Sec. 26-29-16. Attorney. The City Attorney shall be the attorney for the Board. Sec. 25-29-17. Severability. The provisions of this ordinance shall be severable; and if any provision thereof, or the application of such provision under any circumstance is held invalid, it shall not affect any other provision of this ordinance, or the application in a different circumstance. SECTION 2. This ordinance shall take effect immediately upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 17th day of September 1985. -7- CHAIRMAN ` ATTEST: CITY R 0 DER Transmitted to the Mayor on September 18, 1985 MAYOR ATTEST: CITY RE RDER ( SEAL} Bill 5 of 19 8 5 Published: October 8, 1985 -8- Affidavit of Publication ADM 35A STATE OF UTAH, ss. County of Salt Lake '{� * �,77�Tot< 98 Cheryl Gierloff N50t Cl� L"�INIBAN�ORE�TRY 8q IN- A�NDING fiiMe 25 pp�f 1thya Re� O-Or`di- 4f' h.1'965 by ADD1NG.a new thaptet t' be a C�fY Urban Fore5fi y Board". t -5Y THE CITY COUNCIL OF SAL9'LAKE CiTY­U iWec �That t1he-2S of the Revte"Ordinances of$ ati LpkltChl, 196s7eentR "SattLaAe QErop pt�G Being first duly sworn, deposes and says that he/she is i a ne C r..�9 to(fie entitled"Soft Lake Ctiy Urbanores9ry legal advertising clerk of the DESERET NEWS a daily$S Purpose.T CRy Cowell pntl Mpyar aif Salt g g y 1 La(( jy ryite Hie ie of the urbanYorestto the newspaper printed in the English language with general quatffylof.lroe'in-Salt-Lj*e'CJty .e City Council and Mayor P g declare to be P ICy.Of live tivp►C"V pr be laM- scoped t0 ehlial °'the n�h,r�,�„n,�f the c,n° �, f,,f,e re circulation in Utah, and published in Salt Lake City, IbilMles CItY deaartme coordlnbted O encourage CualHylondscaping*flip►Aandscaped City Prop"beeffective. I Salt Lake County, in the State of Utah. .IV m that f Ore environment be made hosPiftte thr andsc9 nb,and thot're8idents o3 Salt i,ake.City-be e Payed to cipafb is beautification eff6rts fhroudh In.' s "rya t�dmpPri'nr^ �vat�yds�api, anprl„arepraper• That the legal notice of which a copy is attached hereto fV: o"fi)�flll t[[fs'pottSY s,ch -is a and iMepedoepd'to establish*SO Lake 6Ify Urban Forestry Board. sS1c.•R9-2 DQflnff ffltors Forte purpose of this chapter totiow �yyor�s shailtlavegasgivenherein Salt Lake City Ordinance No. 75 of 1985 (l lhba)fi�arester"Is that appointedby the May& .... .....................................••••••••••••••••••••••••••••••• .................... gDsttlon in the ' n"Fcr means iaehdscapihp characteristics of t , ce caitribufe visubt"psychological economic and Salt Lake City Urban Forestry Board QQ upon the quality of life in Satin ake CBy-� , .... .................... (3) "I,ajfdocaping"means frees, shrubs, lawn, ground. coYer floWdrs other plaaand other Compatible,materials, also,the2a�d.o ,r�$Mlli fppad Sat Ledce CHY Urbai�F ooresfi There Is hereby created the ,Board„• 4 Y Bftgrd,heretnaffer referred to as Sec.25-29.4.A- ntmehts.The Board shall consist of nine voting members e C tits MpYor rillh the advice and consent of five I in the imV110wtsn��p mRann�}eyr: dis- tof ricts,one mOne ember representing the CCePember om each of the lfrval Business District, and one member representing the Sugar House Business Dls- trill.Of five members first appointed,the Mayor shall designate ............................................................................................. three to serve for a term of one year,three to serve for a term of two years,and three to serve for a term of three years.There- affer,as terms expire,all appoi�Ms shall be for terms of three Years.Voting members shall serve no more than two was published in said newspaper on consecutive terms On the Board. (2)The City Engineer and Planning Director shall serve as ex cb members of the Board. (3)The Urban Forester shalls erve as administrative staff October 8, 1985 to the Board.Clerical.staff shall be Provided by the Parks De. .................................................... partmo d25.29-5.Compensation.Members of the Board shall receive no compensation for their services. See.25-29-6.Oath of office.To accept this appointment ........................................... .. ......... members of'thiced Urban Forestry Barad shall sign the oath o Lego `A tlsing rk office required bt/law to be signed by C�f�r officials and file the some in the officeo�f}the f City Recorder:M member who shall s�lRfifle�Mhshdlfbe�tJe med�tohave declined such notification apt poinhnent.Another Person shall be appointed to five vacant Posflion in the manner prescribed in thses ordinances. See.25-29-7.Vacancies.Vacancies occurring in the mem- bershlP of the Board shall be filled in a manner preserving the designated representation by Moyoral appointment with the advice and consent of the Council for the unexpired term. Sec.25-29-8.Removal from office.Any Mayor o may be removed from office by the Mayyr cause,prior to the nor- mat expiration of the term of which such member was appoint- ed. Subscribed and sworn to before me this ........................1Rtb?.................................... day of ......November........................... A.D. 10 ...... .............................................. Notary Public My Commission Expires ...1.9n........................ �� ��e F �� Ics.Allele qurarig�ipee8 o*fhe-cl so to 24.)Q• .seq,Rev 0rd1 4aJte. e0 AnY violation Of fit0 provIslas of aspokw!qef�(�jI for removal'froM of es. : See-25• I fly for membership.A.person.dppoinR ed as a member of the Board shall be a resident of the State of I Utah.Board members shall be individuals who ore actively Interested in the improvement of Salt Lake City's urban forest. In the di Members representing each of the Council districts must reside strict. Sic.25-28-11.(1)Mdefings.The Board shot#hold regular monthl meetings The Board shall hold its meetings In compli• once with the Utah Open and Public Meetings Ad. (2)Special meetings may be called by a majority of the Board Members,the Chairperson,or the Mayor.Thpp call for a special meeting must be signed by the parties calling such meeting and,unless waived in writing,each member not ing In the coil for such sPeclot meeting must be given not less than three hours notice.Sold notice shall be served personally or left at said Member's residue or business office. (3)Five members of the Board shall constitute a m for the transaction of business.The Board may ad*Me oily by an affirmative vote of any five of the Members. (A The Parks ent shall make available a y to the d through the Urban Forester.Meo irigs stials 11entr hNd ate public place as designated by the Board. 5)The Board shall cause minutes of its proceedings to be k6pt which shall bow avaibble for public Inspection in the office of the Olrectarpt Parks,The Board shall recor the Yea qhq noY votes on any action taken by It. (6)The Board shall opt a system of rules at e under:which ids meoti are to be held.The Boortf may wg• r acrid the rules ot pr are by two-thirds vote of the members of the Board who are present at the meeti The Board shall riot suspend the rules at procedure beyond a durati0a of e meeting at Which the-suspension of the rules occurs. Sec.25-29-12.Election a'Board officers.Each',year the Board at'hs first regular meeting offer-January 1 shall select one at its members as Chairperson and another of Its members as Vice-Chairperson who shall perform the duties of the Chair- person during the absence or disability of the Chgjtperrson.No member shall serve more than two consecutive terms as Ch(Air- Sec.25.29-13.'Review of action.All actions taken by the Boord,shall constitute recommendations to the Mayor:Such mtn recoendotions shall be Included In and suppaiied by the minutes and shall be submitted to the City REcorder's office for presentment to the MtlyOr,The City Recorder shall promptly present the same to the Mayor. The City Recorder'shall Promptly naHV the Board In writing of the action taken by the Sec.25-29-14.Committees,The Board may designate ad hoc subcommittees as it deems appropriate and adviseable to study,consider and make recommendations on matters which' are presneted to the Board.if the Board desires non-members to serve on a subcommt"ee,It may request the Mayor to make such appointments.Meml)ers of subcommittees,will also serve without compensation. Sec.25-29-15.Powers and duties.The Board shall have the following powers and duties: (7)Determine and establish such rules and regulations for the conduct of the Board as the members shall deem advisable• �ovlded however,that such rules and regulations shall n eorMl0 with the ordinance or other city state or federal (2)Recommend the adoption and ake-radon of all r regulations;and ordinances which It shall from time to deem in the public interest and most likely to enhance beautify the urban forest,and for the purposes of carrying this ordinance. (3)Within one year of the effective dote of this ordinance, recommend an ordinance regulating the planting, mainte- nance and removal of frees on City property. ((4$Recommend the broad matters of policy regarding 1 plentinG maintenance,and removal of trees and alter veplpw tLlioonn(5)Recommend policies for the revew and oval ofcgp- "al projects where trees or,other vegetation w)tlbe Planted or removed on City property. ' (6)Recommend policies for the review and approved of projects on Private property where open space and/or lohd• scceing Is regulred as condition for the development,and ree• ommend policies for the enforcement of approved plans. (7)Assist the Urban Forester In encouraging landscap Installation and maintenanc o rivate properly by gravid infar�rlgf!o� legitnb°and on the grope planting ctt8�are o rid other velletptt6ri;by condu - educaNOnal campaigns to Inform residents of the requireme of city Ordinances relating to landscaping;and by promofffW private Involvement In beautification projects._ forest and Identify Inccoo�ation projects projectcts into throe cap plon(niing process. kIess ro�o�k� publicize and prole nd Polk ccaand Procedures to on both pubI t: and private property. (10)Assist the Urban Forester In prompting appreciation of trees and the urban forest through annual Arbor Day apses• vonces and other activiltes. (11)Review those portions of the City budget allocated feu' the Monting an care of trees and other vegetation,and advise the Mayor on'the appropriateness of the funding levels. (12)Whenever a vacancy occurs in the position of Urban Forester recommend a procedure to select a replacement. (13)encourage improvement of the urban forest through planning and policy development. (14)Assist City deporfinents In every way paosible to en- hance the urban foret In Salf Lake City. 0 In all ingtpnces,serve as an advocafeof Salt Lake City's urban forest. Sec.26-29-16.Attorney.The City Attorney shall be the attor- ney for the Board. Sec.25-29.17,Severabllity.The provisions of this ordinance shall be severable*and If any Provision thereof or the applica• Ilion of such provision under any circumstance Is held Invalid it shall riot affect any other provision of this ordinance,or the application in a different circumstance. SECTION 2.This ordnance shall take effect immediately uponPassedd brst y the C�Council of Salt Lake City,Utah,this 17th day of September,1985. S.Fonnesbeck ATTEST: CHAIRMAN Kathryn Marshal CITY RECORDER Transmitted to the Mayor on September 18,198S. Palmer DePoulis. ATTEST: MAYOR -Kathryn Marshall CITY RECORDER B�7S of 1985 (08S-31 Published:October 8,1985 0,94