Chapter 2.90
OPEN SPACE LANDS PROGRAMlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=48701
2.90.010: PURPOSE:
2.90.020: DEFINITIONS:
2.90.030: CREATION OF OPEN SPACE LANDS PROGRAM:
2.90.040: CREATION OF FUND:
2.90.050: CREATION OF INVENTORY AND MAP:
2.90.060: ADVISORY BOARD:
2.90.070: REMOVAL OF LANDS FROM THE OPEN SPACE LANDS INVENTORY:

2.90.010: PURPOSE:linklink


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)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=48701#s1063043
2.90.020: DEFINITIONS:linklink

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)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=48701#s1063044
2.90.030: CREATION OF OPEN SPACE LANDS PROGRAM:linklink

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)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=48701#s1063045
2.90.040: CREATION OF FUND:linklink

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)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=48701#s1063046
2.90.050: CREATION OF INVENTORY AND MAP:linklink


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)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=48701#s1063047
2.90.060: ADVISORY BOARD:linklink

This program falls under the jurisdiction of the board. (Ord. 52-15, 2015)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=48701#s1063048
2.90.070: REMOVAL OF LANDS FROM THE OPEN SPACE LANDS INVENTORY:linklink


A. Open space lands, conservation easements or other interests in open space land placed in the open space lands inventory shall remain in the inventory in perpetuity unless: 1) they are transferred to a qualified public or nonprofit land conservation entity; or 2) a sale, conversion from undeveloped open space land to developed open space land, exchange, or other transfer of the land, conservation easement or other interest in land is approved by the mayor, subsequent to the following mandatory procedures:

1. Any proposal to sell or transfer open space land must be in writing, signed by the mayor, and must include a description of the land to be sold or transferred, the purpose of the proposed sale or transfer, the proposed purchaser of the land, the amount of the proposed purchase price, the anticipated future use of the land, any anticipated change in zoning that would be required to implement that proposed future use, and a statement by the mayor explaining why the proposed sale or transfer of the open space land is in the best interest of the city.

2. Holding a public hearing before the mayor and the city council.

3. Providing notice of the proposed sale or transfer and the public hearing by:

a. Publication of a notice for two (2) successive weeks, beginning at least thirty (30) days in advance of the hearing, in a newspaper of general circulation in the city, no less than one-fourth (1/4) page in size, with type no smaller than 18-point, surrounded by a one-fourth inch (1/4") border, in a portion of the newspaper other than where the legal notices and classified advertisements appear, containing the information set forth in the form below;

b. Posting two (2) signs measuring at least two feet by three feet (2' x 3') each, on the land proposed for sale or transfer at least thirty (30) days in advance of the hearing, containing the information set forth in the form below; and

c. Mailing notice, at least thirty (30) days in advance of the hearing, to all property owners of record within one thousand feet (1,000') of the land proposed for sale or transfer, containing the information set forth in the form below.

d. Any notice published, posted or mailed pursuant to this section shall state substantially as follows:

NOTICE OF PROPOSED SALE OR TRANSFER
OF PUBLICLY OWNED OPEN SPACE LAND


    The Mayor of Salt Lake City is proposing to sell or transfer certain Open Space Lands owned by Salt Lake City located at [street location] for $[proposed amount of sale] to [proposed buyer] for future use as [proposed future use].

    A public hearing on this proposal will be held before the Mayor and the City Council on [date of hearing] at the Salt Lake City & County Building, 451 South State Street, room 315, Salt Lake City, Utah, at [time of hearing] p.m.

    Any individual wishing to address this proposal is invited to attend and to express their views to the Mayor and the City Council at that hearing.

4. Following the public hearing, the city council may elect to conduct an advisory vote as to the proposed sale or transfer of the open space land.

5. No sale or transfer of open space land may occur until at least six (6) months after the conclusion of the public hearing in order to provide an opportunity to explore other alternatives to the proposed sale or transfer of the open space land.


B. Any open space lands, conservation easements or other interests in open space land: 1) acquired by the city in partnership with other entities, units of government, or other parties; or 2) received by donation, bequest, devise, or dedication, may only be authorized for sale, conversion from undeveloped open space land to developed open space land, exchange or other transfer if such action is allowed for in the instrument under which the open space land, conservation easement or other interest in open space land was conveyed to, or acquired by, the city.


C. The following shall be exempt from the mandatory procedures of this section:

1. The leasing of existing buildings, infrastructure, or facilities;

2. Special events lasting less than twenty one (21) days;

3. The leasing of recreation areas in accordance with their intended use;

4. The selling of burial rights in the Salt Lake City Cemetery.

5. The granting of easements or other rights that service the property, including grants in connection with utilities or safety equipment such as traffic signal poles. Any such easement or use right must be primarily for the benefit of the city. With respect to open space land under this chapter, such easement or use right may be granted only with the approval of the city's open space lands manager. (Ord. 52-15, 2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=48701#s1063049