075 of 1988 - SLC Urban Forestry Ordinance O 88-1
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SALT LAKE CITY ORDINANCE
No. 75 of 1988
(Salt Lake City Urban Forestry Ordinance)
AN ORDINANCE AMENDING CHAPTER 2.26 OF THE SALT LAKE CITY
CODE TO BE ENTITLED "SALT LAKE CITY URBAN FORESTRY ORDINANCE" :
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 2.26 of the Salt Lake City Code be
amended to create the "Salt Lake City Urban Forestry Ordinance" .
Sec. 2.26.010. 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 Ordinance. This chapter may be
referred to as the "Salt Lake City Urban Forestry Ordinance" .
Sec. 2.26.020. Definitions. For the purpose of this
Ordinance, the following terms, phrases, words, and their
derivations shall have the meaning given herein.
(A) "Parking/Planting Strip" shall mean the area between the
curb and sidewalk and the area between sidewalk and private
property line that is City owned property; unpaved streetside
City property; or an area inside the private property line where
an easement is given to the City for the purpose of planting
trees.
(B) "Private Trees" shall mean any and all trees now or
hereafter growing on private property within Salt Lake City
limits and which are not defined or designated in this Ordinance
as Street Trees, Park Trees, or Public Trees.
(C) "Public Trees" shall mean all trees now or hereafter
growing on any street, park, or any other public place owned
and/or managed by Salt Lake City.
(D) "Public Right-of-Way" shall mean a portion of property
reserved for public use and accepted for such by Salt Lake City
to provide circulation and travel to abutting properties,
including, but not limited to, streets, alleys, sidewalks,
provisions for public utilities, cut and fill slopes, and open
public spaces.
(E) "Public Utility" shall mean any public, private or
cooperatively owned line, facility or system used for producing,
transmitting or distributing communications, power, electricity,
light, heat, gas, oil products, water, waste, or storm water,
which directly or indirectly serves the public or any part
thereof within the corporate limits of Salt Lake City.
(F) "Tree Topping" shall mean the specific reduction in
the overall size of a tree and/or the severe cutting back of
branches and limbs to such a degree so as to remove the normal
canopy and disfigure the tree.
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(G) "Urban Forester" shall mean the Salt Lake City Urban
Forester who is selected by the Director of Parks to that
position in the Salt Lake City Parks and Recreation Department.
(H) "Urban Forestry Program" shall mean the program which
is a part of the Salt Lake City Parks and Recreation Department
and which is responsible for the care and maintenance of the
urban forest resources located on City property.
Sec. 2.26.030. Creation of board.
Sec. 2.26.040. Eligibility for Membership.
Sec. 2.26.050. Appointments.
Sec. 2.26.060. Compensation.
Sec. 2.26.070. Oath of office.
Sec. 2.26.080. Vacancies.
Sec. 2.26.090. Removal from office.
Sec. 2.26.100. Members ethics.
Sec. 2.26.110. (1) Meetings.
Sec. 2.26.120. Election of Board officers.
Sec. 2.26.130. Committees. * * *
Sec. 2.26.140. Attorney duties.
Sec. 2.26.150. Powers and duties.
(A)
(g)
(C) Recommend the broad matters of policy regarding the
planting, maintenance and removal of trees and other vegetation
on city property;
(D) Recommend policies for the review and approval of
capital projects where trees or other vegetation will be planted
or removed on city property;
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(E) 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;
(F) Assist the urban forester in encouraging landscaping
installation and maintenance on private property by providing
information 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;
(G) Identify landscaping projects that will enhance the
urban forest and advocate incorporation of the projects into the
capital planning process;
(H) Recommend policies and procedures to identify, mark,
publicize and preserve historic and notable trees on both public
and private property;
( I ) Assist the urban forester in promoting appreciation of
trees and the urban forest through annual Arbor Day observances
and other activities;
(J) 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;
(K) Whenever a vacancy occurs in the position of urban
forester, recommend a procedure to select a replacement;
(L) Encourage improvement of the urban forest through
planning and policy development;
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(M) Assist city departments in every way possible to
enhance the urban forest in the city;
(N) In all instances, serve as an advocate of the city' s
urban forest.
Sec. 2.26.160. Creation of Urban Forester position. The
City of Salt Lake shall employ a person to be known as the
"Urban Forester" , whose specified duties, responsibilities and
authority are hereinafter specified.
Sec. 2.26.170. Powers and duties of Urban Forester.
The Urban Forester shall be the supervisor of the Urban
Forestry Program of the Salt Lake City Parks and Recreation
Department and shall be responsible to the Director of the Salt
Lake City Parks and Recreation Department in carrying out the
duties of this position. The Urban Forester shall initiate an
Urban Forest Management Plan.
Sec. 2.26.180. Rules and regulations. The Urban Forester
may recommend, and the Mayor may adopt, additional regulations
to be known as the Salt Lake City Urban Forestry Standards and
Specifications proper and necessary to effectuate the Urban
Forest Management Plan within the City providing reasonable
guidance for planting and maintaining Public Trees. Such rules
and regulations shall not be in conflict with any other law or
ordinance.
Sec. 2.26.190. Street Trees-private property owner
responsibilities. Any owner of private property, abutting City
parking/planting strips upon which street trees are located,
shall have the following responsibilities:
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(A) Periodic watering and fertilization of street trees
when necessary to maintain good health and vigor.
(B) Protection of street trees against damage caused by
lawn mowers, weed trimmers, snowblowers and similar equipment.
Sec. 2.26.200. Street/Public Trees-private property owner
requests. In cases where an owner of private real property
abutting City property requests City actions on street trees or
Public Trees, the requesting owner shall be financially
responsible for the following:
(A) Removal of trees, limbs, or roots preventing house
moving or other construction or demolition activities.
(B) Removal of trees, limbs, or roots for the alteration
of tree or abutting property appearance where no hazard or
nuisance exists.
(C) Spraying, fertilizing, or treatment other than may be
regularly conducted on a City-wide basis by the City.
Financial responsibility does not eliminate the requirement
of obtaining necessary permits required by this Ordinance.
Sec. 2.26.210. Landscape permit for Public Right-of-Way.
It shall be unlawful for any person to plant, prune, or remove
any Public Tree, without first obtaining a permit from the Parks
Department. Permits shall not be required for work performed by
City personnel.
(A) Planting and maintaining Public trees - The SALT LAKE
CITY URBAN FORESTRY STANDARDS AND SPECIFICATIONS shall be used
as a guideline for planting and pruning public trees.
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(B) Removing trees - The Urban Forester must approve any
permit for removal of public trees and as a condition, the
permittee may be required to compensate the City for the value
of the Tree(s) removed either by replacement thereof or by
monetary assessment.
(C) Commercial companies, public utilities or individuals
employed in the landscaping or arboricultural business shall be
required to pay a permit fee of $15.00 per job or $75.00 per
year.
Sec. 2.26.220. Conditional-use permits. Where an
application for a conditional use is filed with the Board of
Adjustment on zoning and the Board of Adjustment deems it
appropriate, the Urban Forester shall review the landscape
improvement design of any conditional use application and make
recommendations to the Board.
Sec. 2.26.230. Public nuisance defined and designated.
(A) Definition: the following are hereby defined and
declared to be public nuisances under this ordinance:
(1 ) Any Tree or shrub located on private property
having a destructive or communicable disease or other
pestilence which endangers the growth, health, life, or
well-being of Trees, Shrubs, or plants in the City or which
is capable of causing an epidemic spread of a communicable
disease or insect infestation.
(2) The roots of any Tree or shrub, located on
private property which cause the surface of the public
street, curb or sidewalk to be upheaved or otherwise
disturbed.
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(3) Any Tree, shrub, or portion thereof located on
private property which, by reason of location or condition,
constitutes an imminent danger to the health, safety or
well-being of the general public on City property.
Sec. 2.26.240. Responsibility for public nuisance fixed.
Where a nuisance exists upon property, and is the outgrowth of
the usual, natural, or necessary use of property, the landlord
thereof, or his agent, the tenant or his agent, and all other
persons having control of the property on which such nuisance
exists, shall be deemed to be the authors thereof, and shall be
equally liable therefor.
Sec. 2.26.250. Nuisance creation and maintenance
unlawful. It shall be unlawful for any person, either as owner,
agent or occupant, to create or aid in creating or contributing
to or to maintain a public nuisance.
Sec. 2.26.260. Nuisance Abatement. The City shall
ascertain and may cause all nuisances declared to be such by
this ordinance to be abated.
Sec. 2.26.270. Notice to abate. Except as provided in
the preceding section, the City may serve a notice in writing
upon the owner, occupant, or agent of any lot, building or
premises in or upon which a nuisance may be found, or upon the
person who may be the cause of such nuisance, requiring the
person to abate the nuisance within a fourteen ( 14) day period.
Failure to give a notice as provided therein shall not relieve
the author of any nuisance from the obligation to abate such
nuisance, or from the penalty provided for the maintenance
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thereof. Notice of appeal may be filed with the Salt Lake City
Parks Director within fourteen ( 14) days of service of notice.
Appeals from the Parks Director's decision shall be heard by a
hearing officer designated by the Mayor within fourteen ( 14)
days.
Sec. 2.26.280. Expense of abatement responsibility of
offender. In case of neglect or refusal of any person to abate
any nuisance defined by this ordinance, after notice in writing
has been served upon them, as provided in this Chapter, and
within the time specified in said notice, the City may abate or
procure the abatement thereof, and the expense of such abatement
shall be collected from the person so offending.
Sec. 2.26.290. Abuse or mutilation of public trees. It
shall be unlawful for any person to damage, transplant, top,
remove, or mutilate any tree on public property.
Sec. 2.26.300. Protection of public trees near
construction activities. Any Tree located on City Property in
the immediate vicinity of any excavation, demolition, or
construction site of any building, structure, street, or
utilities work, which has potential for injury, shall be
protected from such injury.
Sec. 2.26.310. Tree Topping. It shall be unlawful for
any person or firm to top, dehorn or pollard any Public Tree.
Trees severely damaged by storms or other causes, or trees
creating emergency hazardous situations are exempt from this
section. Trees under utility wires or other obstructions where
standard pruning practices are impossible may be exempted from
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this section with the prior written approval of the Director of
Parks and Recreation.
SECTION 2. EFFECTIVE DATE. This ordinance shall be
effective immediately upon its first publication.
Passed by the City Council of Salt Lake City, Utah, this
15th day of November 1988
CHAIRPERSON
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ATTEST:
CIT R WDILR By
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Transmitted to the Mayor on November 15, 1988
Mayor's Action: 11/15Z8Approved Vetoed.
—A
MAYOR
ATTEST:
C1 Y 'RECO ER
BRB*pP
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�t "+ November 22, 1988
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