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075 of 1988 - SLC Urban Forestry Ordinance O 88-1 0 88-27 SALT LAKE CITY ORDINANCE No. 75 of 1988 (Salt Lake City Urban Forestry Ordinance) AN ORDINANCE AMENDING CHAPTER 2.26 OF THE SALT LAKE CITY CODE TO BE ENTITLED "SALT LAKE CITY URBAN FORESTRY ORDINANCE" : Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Chapter 2.26 of the Salt Lake City Code be amended to create the "Salt Lake City Urban Forestry Ordinance" . Sec. 2.26.010. Purpose. The City Council and Mayor of Salt Lake City recognize the importance of the urban forest to the quality of life in Salt Lake City. The City Council and Mayor declare it to be a policy of the City that City property be landscaped to enhance the natural beauty of the City; that the responsibilities of City departments be coordinated to encourage quality landscaping; that landscaped City property be effectively managed; that the street environment be made hospitable through landscaping; and that residents of Salt Lake City be encouraged to participate in beautification efforts through installing and maintaining quality landscaping on private property. To fulfill this policy, this chapter is enacted and intended to establish a Salt Lake City Urban Forestry Ordinance. This chapter may be referred to as the "Salt Lake City Urban Forestry Ordinance" . Sec. 2.26.020. Definitions. For the purpose of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. (A) "Parking/Planting Strip" shall mean the area between the curb and sidewalk and the area between sidewalk and private property line that is City owned property; unpaved streetside City property; or an area inside the private property line where an easement is given to the City for the purpose of planting trees. (B) "Private Trees" shall mean any and all trees now or hereafter growing on private property within Salt Lake City limits and which are not defined or designated in this Ordinance as Street Trees, Park Trees, or Public Trees. (C) "Public Trees" shall mean all trees now or hereafter growing on any street, park, or any other public place owned and/or managed by Salt Lake City. (D) "Public Right-of-Way" shall mean a portion of property reserved for public use and accepted for such by Salt Lake City to provide circulation and travel to abutting properties, including, but not limited to, streets, alleys, sidewalks, provisions for public utilities, cut and fill slopes, and open public spaces. (E) "Public Utility" shall mean any public, private or cooperatively owned line, facility or system used for producing, transmitting or distributing communications, power, electricity, light, heat, gas, oil products, water, waste, or storm water, which directly or indirectly serves the public or any part thereof within the corporate limits of Salt Lake City. (F) "Tree Topping" shall mean the specific reduction in the overall size of a tree and/or the severe cutting back of branches and limbs to such a degree so as to remove the normal canopy and disfigure the tree. -2- (G) "Urban Forester" shall mean the Salt Lake City Urban Forester who is selected by the Director of Parks to that position in the Salt Lake City Parks and Recreation Department. (H) "Urban Forestry Program" shall mean the program which is a part of the Salt Lake City Parks and Recreation Department and which is responsible for the care and maintenance of the urban forest resources located on City property. Sec. 2.26.030. Creation of board. Sec. 2.26.040. Eligibility for Membership. Sec. 2.26.050. Appointments. Sec. 2.26.060. Compensation. Sec. 2.26.070. Oath of office. Sec. 2.26.080. Vacancies. Sec. 2.26.090. Removal from office. Sec. 2.26.100. Members ethics. Sec. 2.26.110. (1) Meetings. Sec. 2.26.120. Election of Board officers. Sec. 2.26.130. Committees. * * * Sec. 2.26.140. Attorney duties. Sec. 2.26.150. Powers and duties. (A) (g) (C) Recommend the broad matters of policy regarding the planting, maintenance and removal of trees and other vegetation on city property; (D) Recommend policies for the review and approval of capital projects where trees or other vegetation will be planted or removed on city property; -3- (E) Recommend policies for the review and approval of projects on private property where open space and/or landscaping is required as a condition for the development, and recommend policies for the enforcement of approved plans; (F) Assist the urban forester in encouraging landscaping installation and maintenance on private property by providing information on the value of landscaping and on the proper planting and care of trees and other vegetation; by conducting educational campaigns to inform residents of the requirements of city ordinances relating to landscaping; and by promoting private involvement in beautification projects; (G) Identify landscaping projects that will enhance the urban forest and advocate incorporation of the projects into the capital planning process; (H) Recommend policies and procedures to identify, mark, publicize and preserve historic and notable trees on both public and private property; ( I ) Assist the urban forester in promoting appreciation of trees and the urban forest through annual Arbor Day observances and other activities; (J) Review those portions of the city budget allocated for the planting and care of trees and other vegetation, and advise the mayor on the appropriateness of the funding levels; (K) Whenever a vacancy occurs in the position of urban forester, recommend a procedure to select a replacement; (L) Encourage improvement of the urban forest through planning and policy development; -4- (M) Assist city departments in every way possible to enhance the urban forest in the city; (N) In all instances, serve as an advocate of the city' s urban forest. Sec. 2.26.160. Creation of Urban Forester position. The City of Salt Lake shall employ a person to be known as the "Urban Forester" , whose specified duties, responsibilities and authority are hereinafter specified. Sec. 2.26.170. Powers and duties of Urban Forester. The Urban Forester shall be the supervisor of the Urban Forestry Program of the Salt Lake City Parks and Recreation Department and shall be responsible to the Director of the Salt Lake City Parks and Recreation Department in carrying out the duties of this position. The Urban Forester shall initiate an Urban Forest Management Plan. Sec. 2.26.180. Rules and regulations. The Urban Forester may recommend, and the Mayor may adopt, additional regulations to be known as the Salt Lake City Urban Forestry Standards and Specifications proper and necessary to effectuate the Urban Forest Management Plan within the City providing reasonable guidance for planting and maintaining Public Trees. Such rules and regulations shall not be in conflict with any other law or ordinance. Sec. 2.26.190. Street Trees-private property owner responsibilities. Any owner of private property, abutting City parking/planting strips upon which street trees are located, shall have the following responsibilities: -5- (A) Periodic watering and fertilization of street trees when necessary to maintain good health and vigor. (B) Protection of street trees against damage caused by lawn mowers, weed trimmers, snowblowers and similar equipment. Sec. 2.26.200. Street/Public Trees-private property owner requests. In cases where an owner of private real property abutting City property requests City actions on street trees or Public Trees, the requesting owner shall be financially responsible for the following: (A) Removal of trees, limbs, or roots preventing house moving or other construction or demolition activities. (B) Removal of trees, limbs, or roots for the alteration of tree or abutting property appearance where no hazard or nuisance exists. (C) Spraying, fertilizing, or treatment other than may be regularly conducted on a City-wide basis by the City. Financial responsibility does not eliminate the requirement of obtaining necessary permits required by this Ordinance. Sec. 2.26.210. Landscape permit for Public Right-of-Way. It shall be unlawful for any person to plant, prune, or remove any Public Tree, without first obtaining a permit from the Parks Department. Permits shall not be required for work performed by City personnel. (A) Planting and maintaining Public trees - The SALT LAKE CITY URBAN FORESTRY STANDARDS AND SPECIFICATIONS shall be used as a guideline for planting and pruning public trees. -6- (B) Removing trees - The Urban Forester must approve any permit for removal of public trees and as a condition, the permittee may be required to compensate the City for the value of the Tree(s) removed either by replacement thereof or by monetary assessment. (C) Commercial companies, public utilities or individuals employed in the landscaping or arboricultural business shall be required to pay a permit fee of $15.00 per job or $75.00 per year. Sec. 2.26.220. Conditional-use permits. Where an application for a conditional use is filed with the Board of Adjustment on zoning and the Board of Adjustment deems it appropriate, the Urban Forester shall review the landscape improvement design of any conditional use application and make recommendations to the Board. Sec. 2.26.230. Public nuisance defined and designated. (A) Definition: the following are hereby defined and declared to be public nuisances under this ordinance: (1 ) Any Tree or shrub located on private property having a destructive or communicable disease or other pestilence which endangers the growth, health, life, or well-being of Trees, Shrubs, or plants in the City or which is capable of causing an epidemic spread of a communicable disease or insect infestation. (2) The roots of any Tree or shrub, located on private property which cause the surface of the public street, curb or sidewalk to be upheaved or otherwise disturbed. -7- (3) Any Tree, shrub, or portion thereof located on private property which, by reason of location or condition, constitutes an imminent danger to the health, safety or well-being of the general public on City property. Sec. 2.26.240. Responsibility for public nuisance fixed. Where a nuisance exists upon property, and is the outgrowth of the usual, natural, or necessary use of property, the landlord thereof, or his agent, the tenant or his agent, and all other persons having control of the property on which such nuisance exists, shall be deemed to be the authors thereof, and shall be equally liable therefor. Sec. 2.26.250. Nuisance creation and maintenance unlawful. It shall be unlawful for any person, either as owner, agent or occupant, to create or aid in creating or contributing to or to maintain a public nuisance. Sec. 2.26.260. Nuisance Abatement. The City shall ascertain and may cause all nuisances declared to be such by this ordinance to be abated. Sec. 2.26.270. Notice to abate. Except as provided in the preceding section, the City may serve a notice in writing upon the owner, occupant, or agent of any lot, building or premises in or upon which a nuisance may be found, or upon the person who may be the cause of such nuisance, requiring the person to abate the nuisance within a fourteen ( 14) day period. Failure to give a notice as provided therein shall not relieve the author of any nuisance from the obligation to abate such nuisance, or from the penalty provided for the maintenance -8- thereof. Notice of appeal may be filed with the Salt Lake City Parks Director within fourteen ( 14) days of service of notice. Appeals from the Parks Director's decision shall be heard by a hearing officer designated by the Mayor within fourteen ( 14) days. Sec. 2.26.280. Expense of abatement responsibility of offender. In case of neglect or refusal of any person to abate any nuisance defined by this ordinance, after notice in writing has been served upon them, as provided in this Chapter, and within the time specified in said notice, the City may abate or procure the abatement thereof, and the expense of such abatement shall be collected from the person so offending. Sec. 2.26.290. Abuse or mutilation of public trees. It shall be unlawful for any person to damage, transplant, top, remove, or mutilate any tree on public property. Sec. 2.26.300. Protection of public trees near construction activities. Any Tree located on City Property in the immediate vicinity of any excavation, demolition, or construction site of any building, structure, street, or utilities work, which has potential for injury, shall be protected from such injury. Sec. 2.26.310. Tree Topping. It shall be unlawful for any person or firm to top, dehorn or pollard any Public Tree. Trees severely damaged by storms or other causes, or trees creating emergency hazardous situations are exempt from this section. Trees under utility wires or other obstructions where standard pruning practices are impossible may be exempted from -9- r , this section with the prior written approval of the Director of Parks and Recreation. SECTION 2. EFFECTIVE DATE. This ordinance shall be effective immediately upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 15th day of November 1988 CHAIRPERSON -'- ATTEST: CIT R WDILR By 1 Transmitted to the Mayor on November 15, 1988 Mayor's Action: 11/15Z8Approved Vetoed. —A MAYOR ATTEST: C1 Y 'RECO ER BRB*pP gt� ` 75 �t "+ November 22, 1988 -10-