A. Purpose: The purpose of these landscape regulations is to promote water conservation and prevent water waste through the implementation of xeriscape landscaping principles to ensure that the quality and character of the landscaping in the Snyderville Basin reflects the high desert nature of the area. Landscaping should protect and enhance the community's environmental, economic, recreational, and aesthetic resources by promoting efficient use of water, reducing water waste, and establishing a structure for the design, installation, and maintenance of xeriscape landscaping areas. Where possible, it is encouraged that native vegetation areas be protected during construction and retained thereafter. The use of turf should be limited to the greatest extent possible.
B. Applicability:
1. New Development: All new development requiring a land use permit from the County shall comply with the provisions of this section.
2. Existing Development: All projects that increase the square footage of the footprint of an existing building or the parking requirement by twenty percent (20%) or more shall comply with the provisions of this section.
3. Exemptions: The following are exempt from the requirements of this section:
a. The use of water for agricultural purposes, including the irrigation of pastures and crops.
b. The use of water pursuant to water shares, or State Engineer approved, or water rights that are not held by a public water supplier, provided that such water shares, water rights, or State Engineer approved water exchanges used to irrigate golf courses, parks, athletic fields and playgrounds shall comply with this title.
c. Ecological restoration projects that do not require a permanent irrigation system.
C. Improvement Completion Assurance Required:
1. An improvement completion assurance for landscaping is required for multi-family dwelling units, and commercial, industrial, and institutional landscapes.
2. The improvement completion assurance shall be for one hundred and ten percent (110%) of the estimated cost of completion of the landscaping. The improvement completion assurance is to ensure the proper installation and maintenance of the landscape and irrigation system.
3. The improvement completion assurance may be reduced to ten percent (10%) when the Community Development Director determines the landscape has been adequately installed. This determination shall be based on a certificate of substantial completion issued by the contractor or landscape designer/landscape architect designer who prepared the landscape plan and shall indicate that the landscape was installed correctly with healthy plants.
4. This remaining ten percent (10%) shall constitute the warranty under Utah Code Annotated section 17-27a-604.5(3) and shall be for a period of two (2) years.
5. This improvement completion assurance for landscaping may be combined with the improvement completion assurance for public infrastructure improvements and the development improvements agreement set forth in Chapter 6 of this Title.
D. Landscape Plan:
1. A landscape plan shall be required for all applicable development projects in accordance with 10-4-20-B. The Community Development Director is the land use authority for the approval of all landscape plans. Modifications to landscape plans must be approved by the Community Development Director prior to installation of any landscape improvements.
2. The landscape plan shall include the following information:
a. Site plan showing the location and identification of all significant native vegetation.
b. Site plan showing the location, size in square feet, and identification of all proposed irrigated landscape areas, hardscape areas, xeriscape landscaping areas, and native vegetation areas. A summary table of this information shall appear on the site plan.
c. Quantity and size of all proposed plantings.
d. Site plan showing the location of all proposed stormwater detention and retention areas.
e. Irrigation plan, indicating the layout and details of the irrigation system.
E. Standards: The landscape plan shall comply with the following standards:
1. Turf Area Restrictions:
a. In single family, two family, or multi-family developments, the turf area within the irrigated landscaped area shall not exceed the lesser of fifteen percent (15%) of the irrigated landscaped area or two thousand (2,000) square feet.
b. In commercial, industrial, or institutional developments, the turf area within the irrigated landscaped area shall not exceed the lesser of fifteen percent (15%) of the irrigated landscaped area or two hundred fifty (250) square feet.
c. A list of plants that satisfy these requirements, thrive in the area, and are available to purchase locally may be obtained from the Community Development Director.
d. The use of turf in narrow, small, or oddly shaped areas less than eight feet (8') wide, is prohibited.
e. The use of turf on slopes greater than fifteen percent (15%) is prohibited.
f. Turf shall be irrigated separately from other landscaped areas.
2. Environmental Considerations: The landscape plan shall demonstrate that plants are placed in the optimum location for water conservation, soil stabilization, and erosion control.
3. Landscape Watering Zones: Plants with similar water needs shall be grouped together. Areas landscaped with high water use plants shall be separated from those with low and very low water usage.
4. Critical Lands: Existing plants within critical land areas, as defined in 10-4-3, shall be disturbed only at the Community Development Director's discretion. If slopes greater than thirty percent (30%) are disturbed, the area shall be landscaped with deep rooting, water conserving plants for erosion control and soil stabilization.
5. Required Plants: All landscapes shall use plants identified as being "water wise" or "low water" plants. A list of plants that satisfy these requirements, thrive in the area, and are available to purchase locally may be obtained from the Community Development Director.
6. Plant Substitutions: Landscaping shall be installed consistent with approved planting plans, but plant substitutions may be made provided that the substituted plants are of a similar plant type (bush-for-bush, tree-for-tree, etc.) and have a similar water need as the plant originally specified in the approved landscape plan.
7. Soil Amendment/Preparation: Where appropriate, the use of organic soil amendments or additives, such as aged compost, are encouraged.
8. Mulch: Mulch shall be installed and maintained at a minimum depth of three inches to four inches (3"- 4"). Fiber barriers and plastic sheeting that are not porous to air and water are prohibited.
9. Water Features: Unless it is a natural lake, pond, or stream, all water features such as fountains, ponds, reflecting pools, and other similar water features are prohibited.
10. Preservation Of Existing Vegetation: To the extent possible, significant native vegetation shall be maintained on property and protected during construction. When allowed to be removed, based on an approved development permit, the native vegetation shall be replaced with landscaping similar in type. To ensure survivability, replacement plantings may be smaller sized and slightly denser than the original. The Community Development Director may grant exceptions if it is found that replacement is impossible or would require excessive amounts of water.
11. Energy Conservation: When planting trees, the following should be considered:
a. To maximize the utility and production of solar panels, trees should be planted in locations that will not shade or obstruct solar panels on either the property or on adjacent properties.
b. To take advantage of potential summer shade and winter sun to heat or cool structures, most deciduous trees should be placed along the south, east and west sides of the structure.
c. To help insulate a building from cold and snow, most evergreen trees should be placed on the north side.
12. Hardscape Areas:
a. Decks, patios and walkways shall be constructed of permeable materials. Nonpermeable materials are prohibited.
b. Permeable asphalt, pavers, concrete, aggregate, and grass paving are all allowed materials.
c. Loose aggregates like gravel, stones and pebbles may be used.
13. Parking Area Landscaping:
a. Internal landscape shall equal at least fifteen percent (15%) of the total parking area.
b. The use of turf within a parking area is prohibited.
c. Landscape islands shall be a minimum of nine feet (9') in width and shall be landscaped with plants no more than four feet (4') in height or high canopy trees.
d. Internal landscape shall be located so that pedestrians are not required to cross landscaped areas without pathways to reach building entrances from parked cars. This should be achieved through proper orientation of islands and spaces.
e. Bioretention systems or other sustainable natural drainage systems which reduce the stormwater runoff created by the development and which promote infiltration of the generated stormwater into the subsurface are required. Such systems include stormwater planter strips, infiltration swales or trenches, stormwater curb extensions, rain gardens, etc. Exceptions to any standards within this section may be granted by the Community Development Director to accommodate the design of such systems.
F. Irrigation System Requirements:
1. Automatic Controller: All irrigation systems shall include an WaterSense labeled smart irrigation controller with multiple programs, multiple repeat cycle capabilities to reduce runoff on slopes and soils with slow infiltration rates, and a flexible calendar program. All controllers shall be capable of utilizing an automatic rain shut-off device, and the ability to adjust run times.
2. Irrigation Zones And Use: Each irrigation zone/valve shall be used in a landscape with similar site, slope and soil conditions and plant materials with similar watering needs.
3. Drip Irrigation: Drip emitters or bubblers with a filter and pressure regulator shall be used in areas where turf is not used.
4. Time Of Irrigation: Zones with spray or stream sprinklers shall not be scheduled to operate between the hours of ten o'clock (10:00) A.M. to seven o'clock (7:00) P.M. in order to reduce water loss from wind and evaporation.
G. Prohibition On Restrictive Covenants Requiring Uniform Plant Material Irrigated With Spray Irrigation:
1. Any Homeowners Association governing documents, such as bylaws, operating rules, covenants, conditions, and restrictions that govern the operation of a common interest development, are contrary to public policy and are thereby void and unenforceable if they:
a. Require turf areas in violation of this section;
b. Prohibit, or include conditions that have the effect of prohibiting, the use of xeriscape landscaping areas; or
c. Have the effect of prohibiting or restricting compliance with this section.
H. Penalty: This section may be enforced using the Administrative Code Enforcement Hearing Program, Summit County Code Title 1, Chapter 13. A violation of this section shall be punishable by a civil fine of not less than five hundred dollars ($500.00), which shall accrue daily until the violation is corrected. The County Attorney reserves the right to enforce these regulations using any of the remedies provided for in Utah law. (Ord. 708, 12-10-2008; amd. Ord. 730, 12-2-2009; Ord. 936, 8-31-2022)