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013 of 2014 - Establish water-efficient landscaping and tree protection regulations to promote sustainable urban l 0 14-1 0 14-3 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 /' H— (------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 C-.--14- ' , CITY RECORDER/ fMOR •• c��. 64 4t s IX*\# APPROVED AS TO FORM (SEAL) '4.)?: `� _• ,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