16.04.190: PARKS, PARK STRIPS 1 , WALKWAYS, TRAILS, AND OPEN SPACE:
The developer shall incorporate into development design and implement the following requirements pertaining to parks, park strips, trails and open space:
   A.   Plans, Funding, Maintenance: Where parks, open space, or trails are master planned by the City, proposed by the developer, or required on a parcel or parcels on which a subdivision or other development is proposed, the developer shall incorporate said parks, open space, or trails into the design of the project and submit the plan for approval, with suggested improvements and funding and maintenance mechanisms, to the City Council. The City Council will determine what open spaces, parks, trails, improvements, and funding and maintenance mechanisms the City desires and direct the developer concerning the same.
   B.   Pedestrian And Vehicular Access: All parks approved for public use shall have appropriate pedestrian and vehicular access from public streets. Parks and open space four (4) acres or larger in area shall abut at least one collector or arterial street.
   C.   Flood Control: Parks and open spaces shall be planned, where appropriate, in conjunction with stormwater detention and retention areas.
   D.   Trail Location And Access: Trails and linear parkways shall be planned in conjunction with required waterways, along streets, or in other locations as determined by the City. Linear parkways or trails which are approved by the City in required flood channels shall be dedicated to Salt Lake County or retained as private property. The developer, upon the City's request, shall grant to the City or other entity permanent access easements designated by the City Engineer on and over sidewalks or trails on private property prior to final approval or building permit issuance, which easements may or may not give open public access. The owners or the City shall maintain such areas as determined by the City's staff. The City will maintain trails which are required by and dedicated to the City.
   E.   Single-Family Residential Collector Street Park Strips: Park strips at the rear or side of single-family residential lots shall be improved with sod and trees. Up to fifty percent (50%) of the required sod may be substituted with stamped ashlar slate gray colored concrete. However, stamped concrete shall not be used in sections greater than fifteen (15) linear feet per section.
   F.   Other Collector Street Park Strips: Collector street park strips along commercial, office, multi-family residential, industrial, and institutional developments shall be improved with sod and trees. Up to fifty percent (50%) of the required sod may be substituted with stamped natural earth tone colored concrete. However, stamped concrete shall not be used in sections greater than fifteen (15) linear feet per section.
   G.   Residential Street Park Strips: Residential street park strips shall be improved a minimum of fifty percent (50%) with sod, trees, plants, shrubs and/or other live vegetation which are low maintenance and commonly found along the Wasatch Front or within similar climates. Mulch and/or medium size bark material, two inches (2") or larger, may be used in combination with live vegetation provided that it is fully contained within the park strip at all times. A maximum of fifty percent (50%) of the park strip area, per street frontage, may be hardscape, with stamped natural earth tone colored concrete, and/or masonry materials such as stone, pavers, boulders, and/or rock. However, stamped concrete or other materials shall not be used in sections greater than fifteen (15) linear feet per section. All rock and stone materials shall not be less than three inch (3") diameter in size at any point. (Ord. 2016-05, 5-3-2016)
   H.   Park Strip Materials, Colors, And Sizes: All other park strip materials, colors, and sizes shall be viewed by City Engineer for consideration of approval. The City Engineer may approve greater than fifty percent (50%) hardscape within the park strip based on the applicant's street tree planting plan that clearly incorporates tree species, canopy, spacing, and ground covers into a superior green design that reasonably offsets the increased percentage of hardscape materials. (Ord. 2016-05, 5-3-2016; amd. Ord. 2018-07, 5-15-2018)
   I.   Landscaping And Maintenance: The developer shall install all required collector street landscaping improvements and properly maintain said improvements until the City releases one hundred percent (100%) of the improvement guarantee. After satisfactory installation of landscaping in collector street park strips and the one hundred percent (100%) release of the improvement guarantee for said landscaping, the City will accept responsibility for maintenance of the park strips along collector streets where collector street fencing has been installed along the rear and side property lines of lots only in single-family residential subdivisions. The owners of property in all other developments are responsible for the proper landscaping and maintenance of other public or private park strips.
   J.   Common Open Space: The developer of a condominium shall submit plans for landscaping and improvements for the common open space. The developer shall also explain the intended use of the open space and provide detailed provisions of how the improvements thereon will be financed and maintained.
   K.   Completion Guarantee: The developer shall file with the City an improvement guarantee, in a form satisfactory to the City Attorney, guaranteeing completion of park, open space, and trail improvements within one year after such filing. Upon completion of the improvements for which an improvement guarantee has been filed, the developer shall schedule an inspection by the City Engineer. If the City Engineer finds that landscaping and construction have been completed in compliance with the approved plans, the City Engineer shall release the improvement guarantee except for that amount retained during the warranty period. If the City Engineer does not release the improvement guarantee, he or she shall provide the developer the reasons therefor.
   L.   Open Space Easement: The developer shall, upon the City's request, grant to the City or other agency or entity an "open space easement" on and over the common open space prior to recording the final plat, site plan, or condominium, which easement will not necessarily give the general public the right of access, but will provide that the common open space remains open.
   M.   Open Space Ownership And Maintenance: All open space or trail improvements not specifically dedicated to the City or accepted for ownership or maintained by the City shall be perpetually owned by the adjacent owners and maintained by the owners or their agents through a special taxing district or owners' association with power to assess and collect fees for maintenance or other assessment and maintenance mechanisms acceptable to the City.
   N.   Glenmoor Neighborhood: Walkways in the Glenmoor neighborhood are those publicly owned areas that include a sidewalk, that pass between private residential properties. The area between the abutting owner's property and the sidewalk shall be maintained by that property owner.
      1.   The property within a walkway which is between the abutting owner's property and the sidewalk shall not include materials, objects, trees, shrubs, or plant material that will obstruct travel on the walkway or pose a safety hazard to pedestrians or maintenance personnel.
      2.   All walkway landscape shall be improved with suitable ground covers, plants, shrubs, other live plant material which are low maintenance, and/or medium size bark material, two inches (2") or larger provided it is fully contained within the area between sidewalk and the abutting owner's property.
      3.   The area between the sidewalk and the abutting owner's property may be hardscape with material such as concrete, and/or masonry material such as pavers, or rock not less than three inch (3") diameter in size at any point provided it is fully contained within the area between sidewalk and the abutting owner's property.
      4.   Adjoining property owners shall keep walkways free of obstructions and hazards. Shrubs, plants, and trees shall be maintained clear of the sidewalk. Mature trees shall be pruned at least seven feet (7') above the sidewalk.
      5.   Maintenance activities for walkway areas include: mowing grass; watering grass, shrubs, or trees; pruning trees or shrubs; and other generally accepted landscape maintenance activities. All walkway landscape must be maintained and shall not include unimproved areas or areas with weeds that exceed a height of six inches (6") at any time. (Ord. 2016-05, 5-3-2016)

 

Notes

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1. See section 16.04.390 of this chapter.