2.90.010: PURPOSE:

The Salt Lake City open space lands program is established to facilitate the city's acquisition, management, promotion, preservation, protection and enhancement of open space lands and to encourage public and private gifts of land, money, securities or other property to be used to preserve the natural, scenic, historic and important neighborhood open space lands. (Ord. 52-15, 2015)

2.90.020: DEFINITIONS:

For the purpose of this chapter the following terms, phrases, words, and their derivations shall have the meanings given in this section:

BOARD: The Salt Lake City parks, natural lands, trails and urban forestry advisory board created in chapter 2.94 of this title.

FUND: The Salt Lake City open space lands fund created by this chapter.

NATURAL LAND: As defined in section 2.94.030 of this title.

OPEN SPACE LAND: A parcel of land owned by the city, in a predominantly open condition that is suitable for, but not limited to, any of the following:

   A.   Natural land;

   B.   Wildlife habitat;

   C.   Important wetlands or watershed lands;

   D.   Greenway or stream corridors;

   E.   Parks;

   F.   Trails;

   G.   Community gardens;

   H.   Golf courses;

   I.   Salt Lake City Cemetery;

   J.   A significant parcel of real property zoned as open space land or natural open space land; and

   K.   Any significant parcel of real property purchased through the fund.

Notwithstanding the foregoing, open space lands does not include land acquired through or managed by the city's department of public utilities or department of airports.

Open space lands may be preserved, enhanced, and restored in order to maintain the natural, scenic, ecological, cultural, hydrological, or geological values of the property. Open space lands may be located: a) within Salt Lake City, or b) outside Salt Lake City if the board determines that such lands further the objectives of this chapter. As used in this chapter, the term "undeveloped" does not include manmade structures of historical significance.

OPEN SPACE LANDS INVENTORY: Those real properties or interests in real properties owned by the city that are identified in the inventory and map created and established pursuant to this chapter.

PARK: As defined in section 2.94.030 of this title.

PROGRAM: The Salt Lake City open space lands program created by this chapter.

TRAIL: As defined in section 2.94.030 of this title. (Ord. 52-15, 2015)

2.90.030: CREATION OF OPEN SPACE LANDS PROGRAM:

In order to provide an administrative structure for the protection, acquisition, management and compatible development of open space lands in Salt Lake City, and to implement the bond measure passed on November 4, 2003, there is hereby established the Salt Lake City open space lands program (hereinafter referred to as the "program"). The purposes of the program shall include, but are not limited to:

   A.   The acquisition and protection of open space lands by the city, or the city in partnership with other public and private entities, through fund purchases of land, conservation easements, or other interests that come within the definition of open space land. In addition, the acquisition and protection of open space lands utilizing funding sources other than the fund, through partnerships, donation, bequest, devise, dedication, or other means available to the program by law.

   B.   The management, maintenance and preservation of natural lands that are designated by the mayor for general fund purposes, as well as the associated natural, wildlife, conservation or public use and trail values of any natural lands, conservation easements or other interests in natural land acquired by the city, or by the city in partnership with other public or private entities.

   C.   The monitoring of any open space lands, conservation easements or other interests in open space land acquired and owned by the city, or the city in partnership with other public or private entities, and the enforcement of any terms, conditions, covenants, easements or other provisions pertaining to the protection of any open space lands, conservation easements or interests in open space land so acquired and owned. (Ord. 52-15, 2015)

2.90.040: CREATION OF FUND:

There is created a restricted account within the general fund, to be designated as the "Salt Lake City open space lands fund" ("fund"). The fund shall be accounted for separately within the general fund and shall be used exclusively to acquire, preserve, protect and maintain open space lands. No expenditures shall be made from the fund without prior approval of the city council.

   A.   Deposits: There shall be deposited into the fund all monies received by the city, regardless of source, together with all interest or other earnings thereon, that are dedicated and restricted to the acquisition, protection and maintenance of open space lands including, but not limited to, the following:

      1.   Grants, bond proceeds, loan repayments, bonuses, entitlements, mitigation fees, forfeitures, donations, redevelopment tax increment income, and all other monies dedicated to the acquisition and maintenance of open space lands received by the city from federal, state, or local governments;

      2.   Monies appropriated to the fund by the city council;

      3.   Contributions made specifically for this purpose from other public or private sources;

      4.   Any amounts in the city's land-open space matching account or the open space land trust account; and

      5.   Subject to any restrictions to the contrary in bond documents, any proceeds or revenue from the sale or transfer of open space land shall be deposited to the fund. However, any proceeds or revenue from the sale or transfer of properties that are assets of an enterprise fund, shall be deposited in a surplus property account within that enterprise fund's capital improvements account.

   B.   Investments: The monies in the fund shall be invested by the city treasurer in accordance with the usual procedures for such special accounts. All interest or other earnings derived from fund monies shall be deposited in the fund.

   C.   Expenditures: Expenditures from the fund shall be used for the sole purpose of acquisition or protection of open space lands. The appropriation of any amounts from the fund for the acquisition of land shall be conditioned upon granting a restrictive covenant or conservation easement in favor of a public entity or nonprofit land conservation entity, in a form sufficient to ensure that any land acquired shall be protected and preserved as open space in perpetuity.

   D.   Nonprogram Projects: Monies from the fund may be used to partner in, or contribute to, open space land protection projects involving lands, conservation easements, or other interests in open space lands where the city will be a funding participant only, or where lands will be owned and managed by an entity other than the city. However, in any such case: 1) the open space land interest being protected must meet the definition of "open space land" set forth in this chapter; and 2) the city shall retain a permanent and nonrevocable reversionary or other backup interest in the land, conservation easement, or other interest in the land that enables the city to manage such interest as part of the open space lands program in the event the administering entity ceases to exist or fails to properly administer the open space land concerned.

   E.   Funding Award Cycle: Disbursements from the fund for open space lands projects shall be made by the mayor, after considering the recommendations of the board and the prior approval of a majority vote of the city council on an annual, semiannual or other funding cycle as the city council determines appropriate in consultation with the board. (Ord. 52-15, 2015)

2.90.050: CREATION OF INVENTORY AND MAP:

   A.   The administration with assistance from the board shall, in a timely manner, prepare and maintain a current inventory and map of all open space lands owned by the city.

   B.   The inventory and map shall include:

      1.   All open space land located either within or outside Salt Lake City;

      2.   All real property acquired by the city pursuant to this open space lands program; and

      3.   All real property contributed to or acquired by the city under other ordinances for the purposes of preserving, developing, or restoring open space lands.

   C.   Open space lands, conservation easements, and other interests in open space land may only be removed from the inventory and map pursuant to the procedures set forth herein. (Ord. 52-15, 2015)

2.90.060: ADVISORY BOARD:

This program falls under the jurisdiction of the board. (Ord. 52-15, 2015)