084 of 2004 - Creating the Open Space Lands program •
0 04-1
0 04-28
SALT LAKE CITY ORDINANCE
No. 84 of 2004
(Enacting Chapter 2.88 of the Salt Lake City Code
Creating the Open Space Lands Program)
AN ORDINANCE ENACTING CHAPTER 2.88 OF THE SALT LAKE CITY
CODE CREATING THE OPEN SPACE LANDS PROGRAM.
WHEREAS, the City recognizes the need to protect the diminishing open space
lands within Salt Lake City or its environs; and
WHEREAS, the voters of Salt Lake City on November 4, 2003 approved the
allocation of$5.4 million in bond funds for the purpose of acquiring, and preserving
open space, parks and recreation lands and amenities within Salt Lake City or its
environs; and
WHEREAS, supporters of open space lands may donate funds for the purpose of
acquiring,protecting, maintaining and managing open space, parks and recreation lands
within Salt Lake City or its environs; and
WHEREAS, the City has adopted an Open Space Master Plan to identify, protect
and manage open space lands; and
WHEREAS, the City's comprehensive plan, zoning ordinance and site
development ordinance recognize the need to protect the unique values offered by
wetlands, foothills and urban trails;
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Chapter 2.88 of the Salt Lake City Code shall be, and the same
hereby is, enacted to read as follows:
Chapter 2.88-- Open Space Lands Program
2.88.010 Purpose. The Salt Lake City Open Space Lands Program, Fund and
Advisory Board are established to facilitate the City's acquisition, management,
promotion, preservation, protection and enhancement of open space lands and to
encourage public and private gifts of land, money, securities or other property to be used
to preserve the natural, scenic, historic and important neighborhood open space lands.
•
2.88.020 Definitions.
For the purpose of this chapter the following terms,phrases, words, and their
derivations shall have the meanings given in this section:
A. "Open Space Land" means a parcel of land in a predominantly open and
undeveloped condition that is suitable for any of the following:
1. natural areas;
2. wildlife habitat;
3. important wetlands or watershed lands;
4. greenway or stream corridors;
5. small neighborhood parks designed primarily for non-organized, non-supervised
activities, such as:
• a small single purpose play lot,
• a children's playground,
• seating areas,
• natural vegetation, and/or
• a small open grass area.
6. trails for non-motorized recreational activities.
Open Space Lands may be preserved, enhanced and restored in order to
maintain the natural, scenic, ecological, cultural, hydrological or geological values of the
property. Open Space Lands may be located: (1) within Salt Lake City, or(2) outside
Salt Lake City if the Board determines it is in furtherance of the objectives of this
Ordinance. As used herein, the term"undeveloped"does not include manmade structures
of historical significance.
B. "Board" means the Salt Lake City Open Space Lands Advisory Board.
C. "Program" means the Salt Lake City Open Space Lands Program created
by this chapter.
D. "Fund" means the Salt Lake City Open Space Lands Fund created by this
chapter.
E. "Open space lands inventory" means those real properties or interests in •
real properties held by the City that are identified in the inventory and map created and
established pursuant to this Chapter.
2
2.88.030 Creation of Open Space Lands Program
In order to provide an administrative structure for the protection, acquisition,
management and compatible development of Open Space Lands in Salt Lake City, and to
implement the bond measure passed on November 4, 2003, there is hereby established
the Salt Lake City Open Space Lands Program (hereinafter referred to as the"Program").
The purposes of the Program shall include,but are not limited to:
A. The acquisition and protection of Open Space Lands by Salt Lake City, or the
City in partnership with other public and private entities, through Fund purchases
of land, conservation easements, or other interests that come within the definition
of Open Space Land. In addition, the acquisition and protection of Open Space
Lands utilizing funding sources other than the Fund, through partnerships,
donation, bequest, devise, dedication, or other means available to the Program by
law.
B. The management, maintenance and preservation of Open Space Lands and
associated natural,wildlife, conservation or public use and trail values of any
lands, conservation easements or other interests in land acquired by Salt Lake
City, or by the City in partnership with other public or private entities.
C. The monitoring of any lands, conservation easements or other interests in land
acquired and held by the City, or the City in partnership with other public or
private entities, and the enforcement of any terms, conditions, covenants,
easements or other provisions pertaining to the protection of any lands,
conservation easements or interests in land so acquired and held.
2.88.040 Creation of Fund. •
There is created a designated account within the accounting fund structure of the
City, as the "Salt Lake City Open Space Lands Fund" ("Fund"). The Fund shall be used
exclusively to acquire,preserve, protect and maintain open space lands. No expenditures
shall be made from the Fund without prior approval of the City Council.
A. There shall be deposited into the Fund all monies received by the City,
regardless of source, together with all interest or other earnings thereon, that are
dedicated and restricted to the acquisition,protection and maintenance of open space
lands including, but not limited to, the following:
3
1. Grant,bond proceeds, loan repayments,bonuses, entitlements,
mitigation fees, forfeitures, donations, redevelopment tax increment income, and all other
monies dedicated to the acquisition and maintenance of open space lands received by the
City from federal, state, or local governments;
2. Monies appropriated to the Fund by the City Council;
3. Contributions made specifically for this purpose from other public
or private sources;
4. Any amounts in the City's Land-Open Space Matching account or
the Open Space Land Trust account; and
5. Subject to any restrictions to the contrary in bond documents, any
amounts obtained from the sale or transfer of any open space land.
B. The monies in the Fund shall be invested by the City Treasurer in
accordance with the usual procedures for such special accounts. All
interest or other earnings derived from Fund monies shall be deposited in
the Fund.
C. Expenditures from the Fund shall be used for the sole purpose of
acquisition and/or protection of Open Space Lands. The appropriation of
any amounts from the Fund for the acquisition of land shall be conditioned
upon granting a restrictive covenant or conservation easement in favor of a
public entity or non-profit land conservation entity, in a form sufficient to
ensure that any land acquired shall be protected and preserved as open
space in perpetuity.
D. Non-Program Projects: Moneys from the Fund may be used to partner in,
or contribute to, open space land protection projects involving lands,
conservation easements, or other interests in open space lands where the
City will be a funding participant only, or where lands will be held and
managed by an entity other than the City. However, in any such case: 1)
the open space land interest being protected must meet the definition of
Open Space Lands set forth in this Ordinance; and 2)the City shall retain
a permanent and non-revocable reversionary or other back-up interest in
the land, conservation easement, or other interest in the land that enables
4
the City to manage such interest as part of the Open Space Lands Program
in the event the administering entity ceases to exist or fails to properly
administer the Open Space Land concerned.
E. Funding Award Cycle: Disbursements from the Fund for open space
lands projects shall be made by the Mayor, after considering the
recommendations of the Open Space Lands Advisory Board and the prior
approval of a majority vote of the City Council on an annual, semi-annual
or other funding cycle as the City Council determines appropriate in
consultation with the Open Space Lands Advisory Board.
2.88.050 Creation of Inventory and Map
A. The Administration with assistance from the Board shall, in a timely
manner,prepare and maintain a current inventory and map of all Open Space Lands held
by the City.
B. The inventory and map shall include:
1. All real property located within the City which is currently zoned as
open space;
2. All real property located outside the City which is owned by the City
and which would constitute Open Space Lands within the meaning of
this chapter;
3. All real property acquired by the City pursuant to this Open Space
Lands Program; and
4. All real property contributed to or acquired by the City under other
ordinances for the purposes of preserving, developing, or restoring
Open Space Lands.
C. Properties may only be removed from the inventory and map pursuant to
the procedures set forth herein.
2.88.060 Creation of Board.
A. There is created the Salt Lake City Open Space Lands Advisory Board,
which body shall consist of nine appointed and voting citizen members. The members
shall be appointed by the Mayor with the advice and consent of the City Council. Each
member shall serve for a term of four years and may not serve more than two successive
terms. The terms of the initial members shall be for such periods from one to four years
so as to provide that two terms expire each year.
B. Citizen members shall be appointed in a manner to provide balanced
Citywide geographic distribution and, to the extent possible, members shall be chosen
5
from a broad array of professional and citizen backgrounds and with emphasis on those
knowledgeable in land conservation, natural resources, recreation and wildlife
management, landscape architecture or planning, real estate, finance, public relations,
business and fund raising.
C. Members shall receive no compensation for serving on the Board but may
be reimbursed for costs reasonably incurred.
D. The Board will have access to and assistance from City Departments,
Divisions and the City Attorney's Office as needed.
2.88.070 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. Any member
failing to attend three board meetings in one calendar year shall forfeit membership of the
board.
2.88.080 Members' Ethics.
Members shall be subject to and bound by the provisions of the City's conflict of
interest ordinance, Chapter 2.44 of this Title, or its successor. Any violations of the
provisions of said chapter, or its successor, shall be grounds for removal from office.
Members shall recuse themselves from voting on any decision to which they are a party
or which vote may constitute a violation of the City's conflict of interest ordinance.
2.88.090 Meetings of Board.
A. The Board shall meet on an as needed basis,but not less than six times
annually. All meetings shall be subject to the Utah Open and Public Meetings Act, and
unless closed pursuant to that Act, such meetings shall be open to the public. Meetings
may be convened by the call of the chair of the Board, a majority of the Board or the
Mayor.
B. Five members of the members shall constitute a quorum for the purpose of
conducting the business of the Board. The Board may act at any meeting at which a
quorum is present,by an affirmative vote of a majority of the members present.
C. The Board shall cause a written record of its proceedings, except for any
executive sessions, to be kept which shall be available for public inspection. The Board
6
shall record the yea and nay votes of any action by it. The City shall make available a
secretary to the Board when required.
D. The Board shall adopt a system of rules of procedure under which its
meetings are to be held. The Board may suspend the rules and procedures by unanimous
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 suspension of
the rules occurs.
2.88. 100 Election of Officers.
Each year the Board, at its first regular meeting of each calendar year shall select
one of its members as chairperson and another of its members as vice chairperson,who
shall perform the duties of the chairperson during the absence or disability of the
chairperson. No member shall serve more than two consecutive terms as chairperson.
2.88.110 Powers and Duties of Board.
The Board shall have the following powers and duties:
A. 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 Chapter or its successor, or other City, State
or Federal law.
B. Advise and make recommendations to the City Administration and the
City Council on Open Space Lands preservation issues,projects and plans that may
include,but are not limited to the following:
1. Recommend to the Planning Commission and City Council, the
adoption of a plan for the preservation,protection, management and consideration for
acquisition of Open Space Lands and any proposed modifications or amendments to the
City's Open Space Master Plan.
2. In order to keep track of the status of Open Space Lands, the Board
shall with assistance from the Administration prepare and maintain a current inventory of
Open Space Lands.
3. The Board periodically shall provide reports to the Administration
and City Council regarding its activities and goals.
7
4. Advise and make recommendations to the Administration and City
Council on specific criteria and an objective evaluation process to establish priorities and
evaluate projects and proposals for expenditure of Open Space Lands Funds; recommend
to the City Council the expenditure of funds for the protection, acquisition,management
and development of appropriate facilities on Open Space Lands.
5. Develop recommendations to creatively leverage limited public
funds with other sources of funding so that Program activities result in cost-effective
protection of Open Space Lands and the maximum benefit of Fund expenditures. Utilize
creative land protection strategies,public and private sources of funding and available tax
advantages to reduce the amount of funds required from the Fund.
6. Identify opportunities to partner with and utilize the services of
experienced land trusts, real estate professionals, federal, state,non-profit or private
organizations, individuals or corporations that have a demonstrated capacity to creatively
and cost-effectively protect open space lands on behalf of governmental entities.
7. Encourage public and private gifts of land,money, securities or
other property to be used for Open Space Lands protection, acquisition, management and
improvements. In addition, identify external funding sources and opportunities and
explore the creation of a dedicated funding source for Open Space Land protection.
8. In conjunction with other City agencies, other governmental
agencies, or qualified non-profit entities, the Board shall monitor lands or interests in
land that are acquired through the Program in order to retain the natural, conservation,
neighborhood and/or recreational values of these lands.
9. Develop partnership arrangements,joint management agreements,
memoranda of understanding and other instruments with other City agencies, other
governmental agencies, or qualified non-profit entities, that manage lands with Open
Space Land values in order to protect and maintain public Open Space Land values.
10. Recommend to the City Council the appropriate management
structure or entity for Open Space Lands at the time that Open Space Lands are acquired
or protected in order to assure that these lands will receive responsible management to
retain the open space land values for which they were acquired.
8
11. Assist the Administration to prepare and recommend to the City
Council an annual budget for Open Space Lands and periodically review such budget.
12. Make recommendations to the Administration and City Council, as
to any proposed -physical changes to Open Space Lands acquired with Fund moneys.
13. Assist the Administration with educational or other outreach
efforts to foster public and City agency awareness and understanding of the Open Space
Lands program.
C. Board recommendations shall be advisory in nature, with the final
authority for administration of the Open Space Lands Program and Fund vested in the
City Council and Administration.
D. All Open Space Lands preservation projects or proposals, or project
funding requests shall, before being presented to the City Council and Administration,
first be presented to and considered and evaluated by the Open Space Lands Advisory
Board in accordance with project submission, screening and evaluation criteria and
procedures to be developed by the Open Space Lands Advisory Board.
2.88.120 Removal of Lands from the Open Space Lands Program
A. Lands, conservation easements or other interests in land placed in the Open
Space Lands Program shall remain in the Program in perpetuity unless: 1) they are
transferred to a qualified public or non-profit land conservation entity; or 2) a sale,
conversion, exchange, or other transfer of the land, conservation easement or other
interest in land is approved by the Mayor, subsequent to the following mandatory
procedures:
(a) Any proposal to sell or transfer Open Space Land must be in writing, signed
by the Mayor, and must include a description of the land to be sold or transferred, the
purpose of the proposed sale or transfer, the proposed purchaser of the land, the amount
of the proposed purchase price, the anticipated future use of the land, any anticipated
change in zoning that would be required to implement that proposed future use, and a
statement by the Mayor explaining why the proposed sale or transfer of the Open Space
Land is in the best interest of the City.
(b) Holding a public hearing before the Mayor and the City Council;
(c) Providing notice of the proposed sale or transfer and the public hearing by:
9
(i) Publication of a notice for two successive weeks,beginning at least 30 days in
advance of the hearing, in a newspaper of general circulation in the City,no less than V4
page in size,with type no smaller than 18 point, surrounded by a Y4 inch border, in a
portion of the newspaper other than where the legal notices and classified advertisements
appear, containing the information set forth in the form below;
(ii) Posting two signs measuring at least two feet by three feet each, on the land
proposed for sale or transfer at least 30 days in advance of the hearing, containing the
information set forth in the form below; and
(iii) Mailing notice, at least 30 days in advance of the hearing, to all property
owners of record within 1000 feet of the land proposed for sale or transfer, containing the
information set forth in the form below.
(iv) Any notice published,posted or mailed pursuant to this section shall state
substantially as follows:
"NOTICE OF PROPOSED SALE OR TRANSFER OF PUBLICLY
OWNED OPEN SPACE LAND
The Mayor of Salt Lake City is proposing to sell or transfer certain Open Space
Lands owned by Salt Lake City located at [street location] for$[proposed amount of sale]
to [proposed buyer] for future use as [proposed future use].
A public hearing on this proposal will be held before the Mayor and the City
Council on [date of hearing] at the Salt Lake City& County Building, 451 South State
Street, room 315, Salt Lake City, Utah, at [time of hearing] p.m.
Any individual wishing to address this proposal is invited to attend and to express
their views to the Mayor and the City Council at that hearing."
(d) Following the public hearing,the City Council may elect to conduct an
advisory vote as to the proposed sale or transfer of the open space land.
(e) No sale or transfer of Open Space Land may occur until at least 6 months
after the conclusion of the public hearing in order to provide an opportunity to explore
other alternatives to the proposed sale or transfer of the Open Space Lands.
B. Any lands, conservation easements or other interests in land: 1) acquired by
the City in partnership with other entities,units of government, or other parties; or 2)
10
t . Y
o
lands, conservation easements or other interests in land received by donation,bequest,
devise, or dedication, may only be authorized for sale, conversion, exchange or other
transfer if such action is allowed for in the instrument under which the land, conservation
easement or other interest in land was conveyed to, or acquired by, the City. Funds
derived from the sale, disposition, exchange or removal of land from the Open Space
Lands Program shall be deposited into the Fund for its intended purposes.
SECTION 2. This Ordinance shall take effect immediately upon its first
publication.
Passed by the City Council of Salt Lake City, Utah, this 19 day of
October , 2004.
WI i 5/31/14 Z-07 '---
CHAIRPERSON
ATTEST AND COUNTERSIGN:
HIEF DEPU T O ER "• ~ .
..i•
Transmitted to Mayor on November 17, 2004 0 , ;;Y i. * ,
yr
Mayor's Action: / Approved. Vetoed = " ='
.4e.lc.:_c_z______e
ROSS C. ANDERSON
MAYOR
HIEF DEPUTY IT CO ER
APPROVED AS TO FORM
(SEAL) Salt Lake City Attor y's Office
Date <-_ 16-elf
Bill No. 28 of 2004. By
Published: 11-23-04
G:\Ordinance 04\Open Space Lands Program Ord 10-29-04 clean.doc
11