Ordinance 7 of 2011

 

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SALT LAKE CITY ORDINANCE

                               No. 7 of 2011

 

(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 features, appropriate user-created trails, culvert erosion areas, eroded hillsides and stream banks, riparian corridor vegetation and habitat, and abate noxious weeds;

      D. Minimize potential for disasters, including fire, floods, threats to water quality, and extreme climatic variations;

      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 education.

15.10.030: PARK USE AND MANAGEMENT PLAN:

      The Parley’s Historic Nature Park Comprehensive Use and Management Plan, dated February 15, 2011, is hereby adopted by this reference and shall be used as an advisory guide for the use and management of the Parley’s Historic Nature Park. Notwithstanding the advisory nature of the plan, the Interim Use Plan map, dated February 15, 2011, illustrating and delineating current conditions, and current and future restoration and buffer areas, and the Comprehensive Use Plan map, dated February 15, 2011, illustrating and delineating Parley’s Historic Nature Park features referenced in this chapter, are hereby adopted.  The use and management of the park shall be as shown on these maps and in accordance with the provisions of this chapter.

15.10.040: PARK ENTRANCE POINTS:

      A. The Parley’s Historic Nature Park shall be accessed only from the following four (4) places as shown on the Interim and Comprehensive Use Plan maps adopted by reference in Section 15.10.030 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 Interim and Comprehensive Use Plan maps;

      2. Entrance B1: On the west end of Parley’s Trail, located adjacent to the

West parking lot of Tanner Park, denominated as “Entrance B1” on the Interim and Comprehensive Use Plan maps;

      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 Interim and Comprehensive Use Plan maps; and

      4. Entrance C: On the south boundary of the park, located approximately at 2870 East, denominated as “Entrance C” on the Interim and Comprehensive Use Plan maps.

      B. Dogs may enter the park only at Entrances A, B1, and B2, except that the Mayor may elect to allow dogs to enter the park at Entrance C as permitted in Subsection 15.10.060D of this chapter.

15.10.050: TRAILS:

      A. Trails shall be established and maintained only as shown on the Interim and Comprehensive Use Plan maps adopted by reference in Section 15.10.030 of this chapter and in accordance with the requirements of this section.

      B. All approved trails shall be clearly marked.

      C. Unapproved, user-created trails existing as of February 15, 2011 shall be evaluated by the Mayor, or the Mayor’s designee, as follows.

            1. Trails identified as irreparable shall be closed and revegetated to a natural state.

      2. Trails identified as appropriate and reparable shall be repaired and shall thereafter be deemed an approved trail.

      3. Trails identified as appropriate and usable shall be deemed an approved trail.

      D. Any trails approved pursuant to Subsections C2 and C3 of this section shall be shown on the Comprehensive Use Plan map adopted by reference in Section 15.10.030 of this chapter. Copies of the updated map shall be transmitted to the City Council.

      E. User-created trails appearing after February 15, 2011 shall be closed and revegetated to a natural state.

15.10.060: DOG OFF-LEASH AND ON-LEASH TRAILS AND AREAS:

      A. Within Parley’s Historic Nature Park dogs shall be on-leash or off-leash as provided in this section. The physical boundaries of dog on-leash and off-leash areas and trails shall be clearly marked and shall be shown on the Interim and Comprehensive Use Plan maps adopted by reference in Section 15.10.030 of this chapter.

      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 Plan map;

      2. Within the Parley’s Trail right-of-way, except as otherwise permitted in Subsection D of this section; 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 prohibited on the south loop trail located between the pedestrian bridges over Parley’s Creek and on the trail from Entrance C to the south loop trail, except as otherwise permitted in Subsection D of this section.

      D. After riparian, wetland, and spring restoration is deemed successfully established and user compliance with park rules is assessed, dogs may be allowed on the following trails as determined by the Mayor in accordance with applicable management policies of the Comprehensive Use and Management Plan:

            1. The south loop trail;

            2. The trail from Entrance C to the south loop trail; and

      3. The trail connecting the central dog off-leash area to Parley’s trail; and

      4. That portion of Parley’s trail connecting the east and central dog off-leash areas.

      E. Dogs and public access and use shall be prohibited in protection, natural, restoration, and buffer areas shown on the Interim and Comprehensive Use Plan maps adopted by reference in Section 15.10.030 of this chapter, except as shown otherwise on such maps and as permitted by the provisions of this chapter.

      F. Dogs shall be permitted in designated off-leash areas and on trails identified for off-leash use on the Interim and Comprehensive Use Plan maps.

15.10.070: RIPARIAN CORRIDOR, WETLAND, AND NATURAL SPRING AREAS:

      A. Riparian corridor, wetland, and natural spring areas shown on the Interim and Comprehensive Use Plan maps adopted by reference in Section 15.10.030 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, as determined by the Mayor or the Mayor’s designee. 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. If adverse impacts are not reasonably preventable, public use in or near springs and wetlands may be restricted consistent with management strategies set forth in the Comprehensive Use and Management Plan.

      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.

15.10.080: PARLEY’S CREEK PUBLIC ACCESS AND USE AREAS:

      A. Public access to and use of Parley’s Creek shall be permitted as shown on the Interim and Comprehensive Use Plan maps adopted by reference in Section 15.10.030 of this chapter. Such public access and use areas:

      1. Shall be designed to prevent stream bank erosion, sedimentation, and pollution input to Parley’s Creek, and

      2. May be 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:

      1. Within a protection, natural, restoration, or buffer area as provided in Section 15.10.090 of this chapter, and

      2. As needed to maintain water quality.

15.10.090: PROTECTION, NATURAL, RESTORATION, AND BUFFER AREAS:

      A. Protection, natural, restoration, and buffer areas shown on the Interim and Comprehensive Use Plan maps adopted by reference in Section 15.10.030 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 15.10.070 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 habitat; and

      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. Water quality;

      3. 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

            4. Any restored and/or re-vegetated area.

      C. Protection, natural, restoration, and buffer areas shall be clearly marked.

15.10.100: CONFLICT OF LAW:

      If any provision of this chapter conflicts with a provision of an applicable state or federal law or regulation, such law or regulation 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 15th day of February, 2011.

Bill No. 7 of 2011.

Published: March 12, 2011.