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016 of 2016 - An ordinance amending Chapters 21A.48, 21A.60 and 21A.62 of the Salt Lake City Code pertaining to la 0 16-1 P 16-6 SALT LAKE CITY ORDINANCE No. 16 of 2016 (An ordinance amending Chapters 21A.48,21A.60 and 21A.62 of the Salt Lake City Code pertaining to landscaping requirements) An ordinance amending Chapter 21 A.48 of Title 21 A of the Salt Lake City Code pursuant to Petition No.PLNPCM2014-00194 to modify regulations pertaining to water efficient landscaping, park strip landscaping,landscape yards and tree protection. WHEREAS,the Salt Lake City Planning Commission held a public hearing on February 25, 2015 to consider a petition submitted by the Salt Lake City Council(Petition No.PLNPCM2014- 00194)to amend Sections 21A.48.055(Zoning:Landscaping and Buffers:Water Efficient Landscaping),21A.48.060(Zoning:Landscaping and Buffers:Park Strip Landscaping),21A.48.090 (Zoning:Landscaping and Buffers:Landscape Yards),21A.48.135(Zoning:Landscaping and Buffers:Tree Protection),21A.60.020(Zoning:Terms:List of Defined Terms),and 21A.62.040 (Zoning:Definitions:Definitions of Terms)to modify landscaping regulations;and WHEREAS,at its February 25,2015 hearing,the planning commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council on said petition;and WHEREAS,following the February 25,2015 planning commission hearing,the planning division determined that adjustments to the proposed text amendments would be beneficial,and prepared additional proposed amendments;and WHEREAS,at its April 8,2015 meeting,the planning commission voted to accept the additional revisions and forward a positive recommendation to the city council on same;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: 1 SECTION 1. Amending the text of Salt Lake City Code Section 21A.48.055. That Section 21A.48.055 of the Salt Lake City Code(Zoning:Landscaping and Buffers:Water Efficient Landscaping),shall be,and hereby is,amended to 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 section. a. Residential: (1) Large subdivisions with ten(10)or more lots which also have a common landscaped area(applies to common area only); (2) Multi-family residential,three(3)units or more; (3) Planned unit developments that include residential units; (4) Single-family and two-family homes on lots that have a landscaped area greater than/2 acre; (5) Common areas of condominium and/or planned developments;and (6)Mixed-use developments including residential elements. b. Nonresidential: (1) Industrial; (2) Commercial; (3) Institutional(including public facilities);and (4) Mixed-use developments including industrial,commercial,or institutional elements. 2. Existing Development: The regulations in this section shall apply to all existing nonresidential,mixed-use and multi-family residential development projects that increase the square footage of the footprint of the building or the parking requirement by twenty five percent(25%)or more. 2 3. Exemptions: The following developments and uses are exempt from the provisions of this ordinance unless otherwise specified: a. New single-and two-family homes on lots one-half(1/2)acre or less of landscaped area; b. Treasured landscapes; c. Plant collections as part of botanical gardens and arboretums open to the public; d. Community gardens and portions of private gardens dedicated to edible plants; e. Cemeteries; f. Parks,athletic fields and playgrounds; g. Ecological restoration projects that do not require a permanent irrigation system; and h. Similar uses and activities as determined by the zoning administrator in consultation with the public utilities department or designee. B. Submittal Requirements: In addition to the submittal requirements set forth in Section 21 A.48.030,"Landscape Plan",of this chapter the applicant shall complete any additional submittal requirements identified in the"Salt Lake City Landscape BMPs for Water Resource Efficiency and Protection". 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 Salt Lake City Landscape BMPs for Water Resource Efficiency and Protection 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 section: 1. Landscaping plans shall be submitted concurrently with a development application. 2. Backflow prevention plans shall be reviewed by the public utilities department. D. Standards: All developments subject to this section shall comply with the following standards: 1. Required Plants:All landscapes in developments subject to this section 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 3 utilities department as listed in the "Salt Lake City Landscape BMPs for Water Resource Efficiency and Protection". 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. Hydrozones: 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 Hydrozone Schedule" and as described in the "Salt Lake City Landscape BMPs for Water Resource Efficiency and Protection". 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. 4. Water Budget: All developments with a total landscaped area greater than one-half(1/2) acre 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. 5. Small Landscaped Areas: To prevent overspray and water waste, landscaped areas eight feet (8') 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 a system designed to prevent overspray. 6. Soil Amendment/Preparation: Where appropriate, the use of organic soil amendments or additives, such as aged compost, are encouraged. See the "Salt Lake City Landscape BMPs for Water Resource Efficiency and Protection" for more information. 7. Mulch: Where mulch is required or allowed in a landscape plan by this section, it shall be installed and maintained at a minimum depth of three to four inches (3"-4"). Fiber barriers and plastic sheeting that are not porous to air and water are prohibited. 8. Preservation of Existing Specimen Trees: All specimen trees located within a landscape plan area shall be protected as provided in Section 21A.48.135, "Private Lands Tree Preservation", of this chapter. 4 9. Water Features:Unless it is a natural water body or stream,recirculating systems shall be used for all water features such as fountains,ponds,reflecting pools,and other similar water features. 10.Irrigation Systems: Irrigation systems shall be designed,installed,and maintained to work efficiently, as defined in the"Salt Lake City Landscape BMPs for Water Resource Efficiency and Protection" 11.Backflow Prevention:Backflow prevention assemblies shall be designed and installed according to the standards as outlined in the"Salt Lake City Landscape BMPs for Water Resource Efficiency and Protection". SECTION 2. Amending the text of Salt Lake City Code Section 21A.48.060. That Section 21A.48.060 of the Salt Lake City Code(Zoning:Landscaping and Buffers:Park Strip Landscaping),shall be,and hereby is,amended to read as follows: A. Intent:The intent of these requirements is to maintain the appearance of park strips,and expand landscape design flexibility while not unreasonably inhibiting access for repair and maintenance of public utilities,encourage water conservation through the use of water conserving plants and generally to improve environmental conditions along the city's streets.It is also the intent to protect the users of park strips by prohibiting the use of materials that may cause harm or injury to pedestrians or vehicles,and to provide for safe and convenient visual and physical access across park strips to and from vehicles that may park at the curb. B. Applicability:The requirements of this section shall apply to all"park strips",as defined in Section 21 A.62.040 of this code,except as otherwise noted. 1. Properties with Curbs and Gutters:These standards apply to all properties in the city, including vacant lots that have street curb and/or gutter.Owners of property on streets that do not have curb and gutter are not required to maintain formal landscaping within the public right of way. 2. Improvement Districts:These requirements shall not apply to official improvement districts where exceptions to park strip standards are approved pursuant to subsection E of this section. 3. Discretionary Authority:The zoning administrator may modify the standards of this section to better achieve its intent and address site specific conditions such as,among 5 other things,steep grades between the curb and sidewalk or the presence of canals or drainage channels. C. General Landscape Requirements: 1. Property Owner Responsibility:All park strips shall be landscaped by the abutting property owner,in conformance with the provisions of this section.For permits involving new construction of a principal building,the contractor shall be responsible for landscaping the park strips as part of the building permit.In general,this landscaping will involve improving the ground surface of the park strip with plant material,or hard surface treatments where permitted.Park strip trees shall also be provided as required herein. 2. Maintenance:All park strip landscaping shall be maintained in a safe and well kept condition by the abutting property owner.Trash,other debris,and noxious weeds shall not be allowed to collect or grow in these areas. 3. Watering:Sufficient water shall be provided for vegetative ground cover,annuals, perennials,shrubs and trees to keep them in a healthy condition. 4. Definition of an"Operable Irrigation System":For purposes of this section,"operable irrigation system"shall mean a fixed underground irrigation system connected to the adjacent property's water supply,but does not include a moveable hose,sprinkler or other portable watering system. D. Park Strip Trees: 1. Spacing and Size:Park strip trees,when required,shall be provided at the equivalent of at least one tree for each thirty feet(30')of street frontage and may be clustered or spaced linearly as deemed appropriate by the city forester.Tree size shall be a minimum of two inch(2")caliper(measured at a point 6 inches above the soil line)at time of planting. 2. Tree Grates:If new trees are proposed in a park strip in which the area surrounding the tree will have an impervious surface,the property owner responsible for installation shall ensure that tree wells with grates are provided which have dimensions adequate to accommodate the recommended tree species. All new installation of tree grates shall be accompanied by an operable irrigation system to insure adequate water to the tree,and structural soil shall be installed according to Salt Lake City engineering standards. 3. Permit and Planting:No tree shall be planted in a park strip without first obtaining a permit from the urban forestry division of the Salt Lake City public services department(Section 2.26.210 of this code).Tree species and location shall be approved by the city forester. 6 4. Tree Maintenance:Planting and maintenance of trees shall be done in conformance with the Salt Lake City urban forestry standards and specifications which are available and shall be administered and enforced through the urban forestry office. No work(pruning,removal,etc.)shall be performed on street trees without first obtaining a permit from the urban forestry office. E. Park Strip Ground Surface Treatment: The intent of this section is to provide a palette of allowed plant,organic and/or natural materials that allow for creative landscaping, maintain a healthy street tree canopy,and create an attractive pedestrian environment while encouraging actual,not merely perceptual,water conservation.In many instances, a water wise turf grass/sod remains the most effective park strip plant material. 1. Plant Coverage:Live plant materials,not to exceed twenty inches(20")in height,are allowed. Plants with heights up to thirty six inches(36")tall may be allowed as specimen or accent plants when not located within site distance areas. These plants may not be planted in a manner that would create a visual barrier between the street and the sidewalk. At least thirty three percent(33%)or more of the park strip surface must be covered with turf,perennial or low growing shrub vegetation within three(3)years of planting or when planting has reached maturity,whichever comes first.For lots with two(2) or more street frontages,this standard shall be applied separately to each adjacent park strip on each street frontage.In new park strips,or when replacing landscaping in existing park strips,it is recommended that water conserving plants constitute at least eighty percent(80%)of all plants used. Plants which have thorns,spines,or other sharp,rigid parts are hazardous to pedestrians and bicyclists,and are difficult to walk across and are generally prohibited except that limited use of thorn bearing flowers,such as roses,may be acceptable subject to the approval of the zoning administrator. 2. Erosion:It shall be the property owner's responsibility to ensure that erosion does not deposit soil or other material on sidewalks or in the street. Where annual or perennial plants are planted in the park strip,an organic mulch is required on the park strip during the dormant season to prevent erosion. 3. Organic Mulch:Materials such as bark,shredded plant material,and compost,may be used as water conserving mulch for plants and may also be used as the only material in portions of a park strip. 4. Gravel,Rocks,and Boulders:Because rock,gravel and other hard surface materials as a ground cover retain and emit heat during the summer months when water is scarce,they may not be used within a thirty six inch(36")radius(72 inch diameter) of any street tree,unless an operable irrigation system is provided.Otherwise,gravel, rocks,and boulders,may be used on portions of the park strip.Organic mulch or gravel,as approved by the city forester,shall be used near existing street trees. Rocks 7 are limited to twenty inches (20") in height. Boulders as an accent material are limited to thirty six inches (36") in height, and may not be arranged in a manner that creates a continuous visual obstruction. Any rock raised above the curb height shall be set back from the curb by at least twenty four inches (24"). Large diameter rocks (over six 6 inches) or boulders shall be kept a minimum of twenty four inches (24") away from street trees. Any material placed beneath gravel rocks or boulders designed to block weed growth must be of a porous nature, allowing water to percolate to plant root systems. 5. Paving Materials: Paving materials, limited to poured concrete, concrete pavers, brick pavers, or natural stone pavers, may be used in portions of a park strip subject to the following limitations: a. Paving Materials Near Existing Street Trees: Poured concrete shall not be placed in any park strip with existing street trees unless the park strip is being improved as part of an improvement district or pedestrian traffic counts warrant (as determined by Salt Lake City Transportation and Engineering Divisions) and tree grates and an operable irrigation system is being installed, except as otherwise noted. Organic mulch or gravel, as approved by the city forester, shall be used near existing street trees. Poured concrete or rocks/gravel may not be used in any park strip unless an operable irrigation system is provided to the street trees. b. Twenty Four Inch Wide Park Strips: Except as specified in Section E.5.a above, any allowed paving material listed in this section may be used in a park strip that is twenty four inches (24") or less in width. If poured concrete is used, it shall be finished with a stamped pattern resembling brick or natural stone or scored with another decorative pattern to distinguish it from the adjacent sidewalk. c. Less than Thirty Six Inch Wide Park Strips: In park strips that are less than thirty six inches (36") in width, brick pavers, concrete pavers, or natural stone pavers may be used. Poured concrete shall not be used except for carriageways as outlined in Section E.6 below. The use of plants in combination with paving materials is encouraged. d. Park Strips Thirty Six Inches Wide or Greater: In park strips thirty six inches (36") in width or greater, the combination of all paving materials, gravel, rocks, and boulders shall not exceed sixty seven percent (67%) of the total park strip surface area. Poured concrete shall not be used except for carriageways as outlined in Section E.6 below. 6. Carriageways: In order to provide for safe and convenient access across park strips to and from vehicles that may park at the curb, carriageways (walkways between the 8 curb and sidewalk) through planted area are encouraged. The material of carriageways may be poured concrete, concrete pavers, brick pavers, or flat, natural stone paving materials such as flagstone or a combination of these materials. If poured concrete is used, the carriageway shall be not more than four feet (4') in width and shall be located so as to provide the most direct route from the curb to the sidewalk. The area of carriageways shall be included in calculating the percentage of inorganic material in the park strip. 7. Retaining Walls, Fences and other Similar Structural Encroachments: Retaining walls, fences, step, raised planter boxes and other similar structural encroachments in park strips are only permitted when specifically approved by the engineering department pursuant to adopted standards and/or recognized engineering principles, and by: a. The historic landmark commission if the proposed structure is located with the H Historic Preservation Overlay District; b. The planning commission if the proposed structure is part of a development proposal that requires planning commission approval; c. The planning director or the planning director's designee if the proposed structure is not within an H Historic Preservation Overlay District and not part of a development proposal that requires planning commission approval; or d. The city council if the proposed structure is part of an adopted improvement district. Structural encroachments in park strips are generally limited because they may block access from the street to the sidewalks and create obstructions to, and increase the cost of performing maintenance of public improvements and utilities within the parks trip. Structural encroachments are not permitted unless the relevant decision making entities indentified in this section find that: 1. The proposed structures will serve the general public and are part of general public need, or 2. The proposed structures are necessary for the functional use of the adjacent property (such as a mail box near the curb, steps or a retaining wall on a sloping site, fence behind the sidewalk, etc), and 3. There are no other practical locations for the structure on the adjacent private property. Any raised structure or retaining wall shall be set back from the curb by at least twenty four inches (24"). 9 This subsection E.7 does not apply to outdoor dining that is subject to Section 21A.40.065 or ground mounted utility boxes governed by Section 21A.40.160. 8. Plants and Objects Within Sight Distance Areas: Because of safety and visibility issues related to both pedestrians and automobile drivers, tall objects are not allowed in sight distance triangle areas. Except for street trees, or mail boxes, no plant, boulder, monument, structure or other object which is over twenty-two inches (22") in height shall be planted or located within sight distance areas. 9. Turf and Gravel on Steep Park Strips: Turf and gravel are not permitted in park strips with a slope greater than three to one (3:1) (3 feet horizontal distance to 1 foot vertical distance). Turf is difficult to mow on steep slopes and gravel will migrate down the slope and collect in the gutter. Larger rocks (a diameter greater than 6 inches) or boulders used on steep park strips shall be buried in the ground to a depth equal to at least one-third (I/3) of the rock or boulder's average dimension in order to anchor them into the slope. 10. Exceptions to Park Strip Standards: Exceptions to the park strip policies established herein shall be limited to the following: a. Improvement District: Variations from these standards may be approved as part of improvement districts . Areas where alternative park strip materials could be considered include identifiable nonresidential areas. The improvement district concept is not intended to respond to one or two (2) properties but an identifiable district. The improvement district concept is not generally applicable to residential areas where a predominant design theme consisting of vegetation has been established. b. Nonconforming Provision: All vegetation located in park strips prior to November 5, 1992, may be maintained subject to city transportation division approval for sight distance and public way safety requirements. c. Bus Stop Benches and Shelters, and Bike Share Stations: Concrete pads for bus stop benches and/or shelters and bike share stations are permitted with zoning administrator approval and subject to all permitting requirements. Concrete used for this purpose shall not be included in calculating the percentage of inorganic material in the park strip. d. Outdoor Dining: Park strip materials may be modified by the zoning administrator when outdoor dining is approved pursuant to Section 21A.40.065. 10 SECTION 3. Amending the text of Salt Lake City Code 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 be 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 to four inches (3"- 4"), 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. A. Bond Requirement: All developers and/or contractors shall be required to post a bond with the city for the total amount of the landscaping contract for all multi-family dwellings and commercial development. SECTION 4. Amending the text of Salt Lake City Code Section 21A.48.135. That Section 21A.48.135 of the Salt Lake City Code (Zoning: Landscaping and Buffers: Tree Protection), shall be, and hereby is, amended to read as follows: 21A.48.135: PRIVATE LANDS TREE PRESERVATION A. Purpose Statement: The purpose of these tree preservation 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 preservation 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 preservation of the trees to: 1. Enhance the quality of life in the city and protect public health and safety; 11 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. B. Applicability: 1. General: The standards in this section shall apply to new development in the city unless exempted in accordance with subsection C, "Exemptions", of this section. 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: Title 2, Chapter 2.26 of this code, 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. 3. The city forester shall maintain a list of trees or tree types that are deemed to be Specimen trees subject to subsection E, "Standards", of this section. C. Exemptions: The following specimen tree removal activities may be exempt from the standards of this section upon confirmation and approval by the city 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; 12 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 requested by the city forester for the purposes of conflict with utilities or streets;and 9. The removal of trees deemed appropriate by the city forester,based on tree species, site conditions,or other variables. D. Definitions: For purposes of this chapter,the following terms shall have the following meanings: CALIPER:The dimension of the diameter of a tree trunk measured at a distance of six inches(6")from the soil line. D.B.H.:Diameter at Breast Height. DIAMETER AT BREAST HEIGHT:The dimension of the diameter of a tree trunk measured at a distance of 4 feet 6 inches(4'6")from the ground. MAXIMUM EXTENT PRACTICABLE:No feasible or practical alternative exists,as determined by the city 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 be taken into account but shall not be the overriding factor in determining"maximum extent practicable". SPECIMEN TREE:A structurally sound and healthy tree or grouping of trees,having an individual or combined D.B.H.measuring greater than ten inches(10");whose future vitality can be reasonably expected and maintained with proper protection and regularly scheduled care;and whose absence from the landscape would significantly alter the site's appearance,environmental benefit,character or history. TREE PROTECTION FENCING:The fencing required to be installed,and maintained during construction activities,to delineate required Tree Protection Zones. TREE PROTECTION ZONE: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 city forester. E. Standards: 1. Preservation of Specimen Trees: Specimen trees shall be preserved to the maximum extent practicable as determined by the city forester,in consultation with the zoning 13 administrator,unless exempted pursuant to subsection C,"Exemptions",of this section. a. In determining if preservation is impracticable,the city shall consider the following criteria,including but not limited to: (1)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 (2)Whether preservation of the specimen tree would render all permitted development on the property infeasible,or (3)If development of the property will provide significant community benefits that outweigh tree preservation. b. The zoning administrator may modify any dimensional standard,such as setbacks and height limits,by up to twenty percent(20%)if such modification will result in preservation of a specimen tree. 2. Cutting,Removal,or Damage Prohibited: Specimen trees,required to be preserved, shall not be cut,removed,pushed over,killed,or otherwise damaged. 3. Paving,Fill,Excavation,or Soil Compaction Prohibited:The tree protection zone of any protected specimen tree shall not be subjected to paving,filling,excavation,or soil compaction. 4. 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 D.B.H.of specimen tree removed(for example,if a 24"D.B.H. 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 inches in caliper,and shall either be replanted prior to certificate of occupancy or within a conditional timeframe as approved by the city forester. Consult the"Salt Lake City Plant List and Hydrozone Schedule"for recommendations on tree selection. Replacement trees shall be planted on the lot or site where the specimen tree was removed except where the city forester,in consultation with the zoning administrator,finds the following: (I)The site does not provide for adequate landscape surface area to accommodate the total number of replacement trees;or 14 (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,in the amount of the cost to purchase and plant the required number of replacement trees,into the city's tree fund. F. Specimen Tree Protection During Construction: 1. Owner's Responsibility:During construction,the owner of the property 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 barriers necessary to protect any specimen tree from damage during and after construction. 2. Tree Protection Zone Fencing: Tree Protection Fencing shall be erected to protect all preserved trees from excavation,fill,compaction,or other impacts that would threaten tree health. Specimen trees shall be fenced in accordance with this subsection before any grading,excavating,or other land-disturbing activity begins on a construction site. No construction,grading,equipment or material storage,or any other activity shall be allowed within the Tree Protection Zone,as delineated by the required tree protection fencing,except in accordance with the standards in subsection F.3,"Encroachments into Tree Protection Zones and Critical Root Zones"of this section. Fencing shall be maintained until the land disturbance activities are complete,and shall not be removed or altered without first obtaining written consent from the city forester. The tree protection fencing shall be clearly shown on the required development applications such as a site plan,building permit,or grading permit application. a. 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 or as directed by the city forester to best protect_a specimen tree's critical root zone and still allow construction access. b. Type of Fencing: The developer shall erect a chain link fence,a minimum of four feet(4')in height,secured to metal posts driven into the ground. Such fencing shall be secured to withstand construction activity and weather on the site and shall be maintained in a functional condition for the duration of work on the 15 property.This is not considered permanent fencing subject to Section 2I A.40.120, "Regulation of Fences,Walls and Hedges". c. Timing:All required tree protection measures shall be installed inspected and approved by the city forester prior to the commencement of any land disturbing activities. 3. Encroachments Into Tree Protection Zones and Root Zones:Encroachments into a tree protection zone or within the critical root zones of trees protected in accordance with this subsection shall occur only in rare instances,and only upon obtaining written authorization from the city forester. If such encroachment is anticipated,tree preservation measures including,but not limited to,the following may be required: a. Tree Crown and/or Root Pruning: The pruning,or cutting,of specimen tree branches or roots shall only be done under the supervision of an ISA Certified Arborist,and only upon approval of the city forester. b. Soil Compaction Impact Mitigation: Where compaction might occur due to planned,temporary traffic through or materials placed within the protection zone, 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 city forester when high moisture conditions warrant. Equipment or materials storage shall not be allowed within the tree protection zone. c. Grade Changes Impact Mitigation: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 city forester and the zoning administrator. d. Construction Debris/Effluent Strictly Prohibited:In no instance shall any debris or effluent,associated with the construction process,including equipment or vehicle washing,concrete mixing,pouring,or rinsing processes,be permitted to drain onto lands within tree protection zones,as delineated by the chain link tree protection fencing. G. Enforcement: These tree preservation provisions shall be subject to the zoning and development enforcement codes as adopted by the city. SECTION 5. Amending text of Salt Lake City Code Section 21A.60.020. That Section 21A.60.020 of the Salt Lake City Code(Zoning:List of Terms:List of Defined Terms),shall be, and hereby is,amended as follows: 16 a. That only the following terms shall be amended as part of this ordinance: Best management practice. Tree protection zone.See subsection 21A.48.135.D of this title. b. That the following terms shall be inserted in alphabetical order into the list of terms: City forester. Critical root zone. D.B.H.See subsection 21A.48.135.D of this title. Diameter at Breast Height.See subsection 21A.48.135.D of this title. Tree protection fencing.See subsection 21A.48.135.D of this title. SECTION 6. Amending text of Salt Lake City Code Section 21A.62.040. That Section 21A.62.040 of the Salt Lake City Code(Zoning:Definitions:Definitions of Terms),shall be,and hereby is,amended as follows: a. That only the following definitions shall be amended as part of this ordinance: BEST MANAGEMENT PRACTICE(BMP)(applies only to Chapter 21A.48): A practice or system of practices and management measures found to be the most effective and practical methods of achieving an objective while making optimum use of available resources.Also sometimes called Integrated Management Practices. 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(4)to seven inch(7")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 City Plant List and Hydrozone Schedule. The evapotranspiration adjustment factor(ETAF)is a coefficient that adjusts reference evapotranspiration(ETo)values based on a plant factor(PF)and irrigation efficiency(IE)and is used to calculate the maximum amount of water that can be applied to a landscape. 17 HYDROZONES:In a landscape,when plants with similar water needs 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. TURF:Grasses planted as a groundcover that may be mowed and maintained to be used as a lawn area of landscaping.Does not include inorganic substitutes. b. That the following definitions shall be inserted in alphabetical order into the list of definitions: CITY FORESTER:The City's Urban Forestry Program Manager,or designee. CRITICAL ROOT ZONE:The area of soil surrounding a tree,where roots critical to the tree's health and survival are likely to be present. SECTION 7. Amending text of Salt Lake City Code Section 21A.62.050. That Section 21A.62.050 of the Salt Lake City Code(Zoning:Definitions:Illustrations of Selected Definitions),shall be,and hereby is,amended to replace the illustration associated with the term "Sight Distance Triangle"to appear as follows: 18 SIGHT DISTANCE TRIANGLE 30'_0" (FACE OF STREET CURB OR EDGE OF ROAD IF NO CURB FRONDED) r -,, / • SIDEWALK } i U IL rY DRIVER'S VISION 1 J o CANNOT BE o U OBSTRUCTED IN THESE Z w M AREAS ¢¢ CC a '', TO A HEIGHT OF 8 FEET Si Z C� .. - =Vi C.)N S J >2 ¢ cc O W(7 a w z3 W W W cc N I N w ao L / l The codifier is instructed to replace only this illustration as part of this ordinance and leave the remainder of illustrations undisturbed. SECTION 8. Effective Date. This ordinance shall become effective on the date of its first publication. 19 Passed by the City Council of Salt Lake City,Utah,this 26 day of April. , 2016. CHAIRPERSON ATTEST�AND CO TERSIGN: CITY RECORDER Transmitted to Mayor on May 10, 2016 Mayor's Action: Y` Approved. Vetoed. (3A.1 'I / AY R (Q(4: 441 CITY RECORDER .•�" "*o €/v�V•KE•CI1. l t. (SEAL) 5?r *:..Vy�•' t, i i Sl APPROVED AS l'O FORM *i � 3 Salt Lake City Attorney's Office Bill No. 16 of 2016. 8 op; ; �`_' Dale: 'lit Published: May 20, 2016 ',RATE SEPi By: ` ---- .....+.+.... Pa C.Nielson,S !or City Arlorney HB_ATrY4045919-v10-Ordinance park_strip_landscaping.DOCX 20