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092 of 2010 - **Ordinance Vetoed** 0 10-1 T 10-5 ORDINANCE WAS VETOED SALT LAKE CITY ORDINANCE No. 92 of 2010 (Enacting Chapter 15.10 Establishing Use and Management Rules for Parley's Historic Nature Park) An ordinance enacting Chapter 15.10,Salt Lake City Code, to establish use and management rules for Parley's Historic Nature Park. WHEREAS, on July 17, 2007, the City Council adopted a motion that, among other things, expressed the Council's intent that a use and management plan be adopted for the Parley's Historic Nature Park(the "Park"), and WHEREAS,the City Council has held duly noticed public hearings and work sessions to receive public comment and review proposed Park use and management policies; and WHEREAS, the Council intends that use and management policies meet the needs and desires of the Park's multiple users while also protecting environmentally sensitive areas, and WHEREAS, the City Council desires to enact Chapter 15.10 of the Salt Lake City Code to establish use and management rules for the Park; and WHEREAS, the City Council finds (i) adoption of this ordinance meets the intent of the Council motion adopted on July 17, 2007 regarding use and management of the Park, and (ii) reasonably protects the health, safety, and general welfare of the citizens of Salt Lake City. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Chapter 15.10 of the Salt Lake City Code shall be, and hereby is, enacted to read as follows: Chapter 15.10 PARLEY'S HISTORIC NATURE PARK USE AND MANAGEMENT 15.10.010: SCOPE: In addition to the park and playground rules set forth in Chapter 15.08 of this title, the provisions of this chapter shall govern the use and management of Parley's Historic Nature Park. In the event of a conflict between the provisions of Chapter 15.08 and this chapter, the provisions of this chapter shall apply. 15.10.020: PURPOSE AND POLICY OBJECTIVES: This chapter is enacted to provide rules for the use and management of the Parley's Historic Nature Park and is intended to help achieve the following policy objectives: A. Protect the riparian corridor and water quality; B. Protect and restore cultural and natural resources, including water resources,plant communities, wildlife and habitat, biodiversity, and historical sites; C. Restore damaged areas, including historic property, user-created trails, culverts, eroded hillsides and stream banks, missing riparian corridor vegetation and habitat, and eliminate noxious weeds; D. Prevent disasters, including damage from fire, floods, and threats to point-source water quality; E. Maintain and enhance multiple park uses with minimal conflict, including off-leash dog walking; walking, trail running and hiking, including ADA access where possible; regional trails and connections; BMX and cycling; water access; and nature appreciation and education; F. Identify dog off-leash recreation areas; G. Maintain emergency and maintenance access; H. Limit undesirable impacts on neighboring property; and I. Encourage self-policing and volunteer patrols. 15.10.030: PARK ENTRANCE POINTS: I A. The Parley's Historic Nature Park shall be accessed only from the following four(4) places as shown on the comprehensive use and management plan map adopted by reference in Subsection 15.10.090 of this chapter: 1. Entrance A: On the west boundary of the park, located adjacent to the east parking lot of Tanner Park, denominated as "Entrance A" on the comprehensive use and management plan map; 2. Entrance B1: On the west end of Parley's Trail, located adjacent to the West parking lot of Tanner Park, denominated as "Entrance B 1" on the comprehensive use and management plan map; 3. Entrance B2: Near the east boundary of the park, located along Parley's Trail, east of I-215, denominated as "Entrance B2"on the comprehensive use and management plan map; and 4. Entrance C: On the south boundary of the park, located approximately at 2870 East, denominated as "Entrance C" on the comprehensive use and management plan map. B. Dogs may enter the park only at Entrances A, B1, and B2, and shall be prohibited from entering the park at Entrance C. 15.10.040: TRAILS: A. Trails shall be established and maintained only as shown on the comprehensive use and management plan map adopted by reference in Section 15.10.090 of this chapter and in accordance with this section. B. All approved trails shall be clearly marked. C. Unapproved, user-created trails existing as of December 15, 2010 shall be evaluated by the Mayor, or the Mayor's designee, as follows. I 1. Trails identified as irreparable shall be closed and restored to a natural state. 2. Trails identified as reparable shall be repaired and shall thereafter be deemed an approved trail. 3. Trails identified as usable shall be deemed an approved trail. D. Trails approved pursuant to Subsections C2 and C3 of this section shall be shown on the park use and management plan map adopted by reference in Subsection 15.10.090 of this chapter. E. User-created trails appearing after December 15, 2010 shall be closed and restored to a natural state. 15.10.050: DOG OFF-LEASH AND ON-LEASH AREAS: A. Dogs may run at large within Parley's Historic Nature Park except as otherwise provided in Subsections B, C, D, and E of this section. The physical boundaries of dog on-leash and off-leash areas shall be clearly marked. B. Dogs shall be on-leash, on-trail within or immediately adjacent to the following places: 1. Any historic site area designated on the comprehensive use and management plan map; 2. Within the Parley's trail right-of-way; and 3. Within the west Tanner Park parking lot to the Parley's trail and the east Tanner Park parking lot to the Parley's Historic Nature Park regulation sign located at the first turn,top of the hill. C. Dogs shall be permitted off-leash on the south loop trail located between the pedestrian bridges over Parley's Creek. I D. Dogs shall be prohibited on the trail from Entrance C to the south loop trail. E. Public access and use shall be prohibited in designated protection, natural, and restoration areas as set forth in Sections 15.10.060 and 15.10.080 of this chapter. 15.10.060: RIPARIAN CORRIDOR, WETLAND, AND NATURAL SPRING AREAS: A. Riparian corridor, wetland, and natural spring areas shown on the comprehensive use and management plan map adopted by reference in Section 15.10.090 of this chapter shall be maintained and protected in accordance with this section. B. The provisions of Section 21A.34.130 (Riparian Corridor Overlay District) of this code shall apply to the Parley's Historic Nature Park except as follows: 1. Except as provided in Subsection B3 of this section, there shall be no disturbance of land (trails or development) located within fifty (50) feet of the Parley's Creek annual high water level (AHWL). 2. Natural springs and wetlands shall be preserved and protected by twenty-five (25)to fifty (50) foot buffer zones, boardwalks, and/or signage. When use of boardwalks is not feasible, trails shall be aligned or realigned as needed to avoid encroachment within natural spring and/or wetland buffer zones. 3. Designated Parley's Creek access areas, bridges, and boardwalks may be established, repaired, and maintained subject to applicable provisions of Section 21A.34.130 of this code. 15.10.070: PARLEY'S CREEK PUBLIC ACCESS AND USE AREAS: A. Public access to and use of Parley's Creek shall be permitted at the following three (3) places within the park: one (1) area located on the east end, one (1) area on the west end near the Parley's Creek pedestrian bridge, and one (1) area to be determined by the Mayor, or the Mayor's designee, no later than July 1, 2011. Such public access and use areas shall be: 1. Shown on the comprehensive use and management plan map adopted by reference in Subsection 15.10.090 of this chapter; and 2. Designed to prevent stream bank erosion, sedimentation, and pollution input to Parley's Creek. Such areas may be temporarily closed for maintenance and protection of water quality. B. Dogs may run at large within the public access and use areas described in Subsection A of this section, except within a protection, natural, or restoration area as provided in Section 15.10.080 of this chapter. 15.10.080: PROTECTION, NATURAL, AND RESTORATION AREAS: A. Protection, natural, and restoration areas shown on the interim and comprehensive use and management plan map adopted by reference in Section 15.10.090 of this chapter shall be maintained and managed to avoid damage or degradation, and/or to allow restoration, as the case may be. Recognized best management practices shall be employed in such areas: 1. Riparian corridor, wetland, and natural spring areas except as otherwise provided in Section 15.10.060 of this chapter; 2. Areas with steep slopes; 3. Areas and trails with soils susceptible to slope failure, erosion, and/or excessive sedimentation; 4. Highly-vegetated areas which function as natural filters to prevent pollutants from being introduced in stream areas; 5. Areas with substantial native vegetation; and I 6. Areas which, if not protected, would be likely to result in impaired water quality. B. Public access to any area may be temporarily prohibited as needed to protect: 1. Public safety; 2. An overused area, as determined by the Mayor or the Mayor's designee, which may be severely damaged if public use and access is not temporarily prohibited to allow restoration and avoid further degradation and possible permanent closure; and 3. Any restored and/or re-vegetated area. C. Protection, natural, and restoration areas shall be clearly marked. 15.10.090: PARK USE AND MANAGEMENT PLAN MAP: A. The comprehensive use and management plan map, dated December 14, 2010 illustrating and delineating Parley's Historic Nature Park features referenced in this chapter, is hereby adopted. B. An interim use and management plan map, dated December 14, 2010 illustrating and delineating current conditions, and current and future restoration areas, is also hereby adopted. C. After trail evaluation is completed as provided in Section 15.10.040C, the comprehensive use and management plan map shall be: 1. Updated accordingly by the Mayor, or the Mayor's designee; and 2. Transmitted to the City Council. 15.10.100: CONFLICT OF LAW: If any provision of this chapter conflicts with a provision of an applicable state or federal law, such provision shall supercede the conflicting provision of this chapter. SECTION 2. This ordinance shall become effective on the date of its first publication. ♦ Passed by the City Council of Salt Lake City, Utah this 14thlay of December 2010. IRPERS• ATTEST: �..�•��M". 61, ITY COr. n A(DRATv,SVZ 2010 Transmitted to Mayor on Dece ?-;,,;.�:00 Mayor's Action: Approved Vetoed MAYO' . RECORDER APPROVED AS TO FORM (SEAL) ..-- CEci7, 144 Date: /Z / s`' �\��i By: Bill No. 92 of 2010. �I } Published: �, � ;r�! �;��.. ;. AERATE 1.