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City Attorney

Roger Baker
Tooele City Attorney

90 North Main Street
Tooele, UT 84074

Phone: 435.843.2120
Fax: 435.843.2129

 

Title 4. Chapter 11a. Residential Park Strip Landscaping Requirements

4-11a-1. Park strip landscaping.

(1) All park strip areas in residential subdivisions, with the exception of paved drive approaches and sidewalks as approved in the site plan, shall be seeded or sodded with lawn grass or a form of dry scape approved by the Director, pursuant to standards developed by the Director. All landscaping shall be perpetually maintained by the owner of the appurtenant property. The commercial or industrial subdivision developer shall prepare park strip areas to receive seed or sod.

(Ord. 2006-05, 01-18-2006); (Ord. 2005-03, 02-02-05)

4-11a-2. Park strip trees.

(1) Within two (2) years of receiving a certificate of occupancy for a residential housing unit, the owner of each residential lot within Tooele City shall plant trees within the unpaved portion of the park strip of each public street that abuts the property, as follows: at least one (1) tree per park strip frontage in the R1-7 and R1-8 zones; at least two (2) trees per park strip frontage in the R1-10, R1-12, and R1-14 zones; and at least three (3) trees per park strip frontage in the R1-30, RR-1, and RR-5 zones.

(2) If public streets abut the front and rear boundaries of the residential lot, trees are required in the park strip abutting the front boundary but not the rear boundary. If public streets abut the front and any side boundaries of the residential lot, trees must be planted in park strips abutting the front and side(s).

(3) Trees planted within park strip areas shall comply with the Street Tree Selection Guide authorized in §4-11-20. All other varieties are prohibited in the park strip.

(4) Trees shall not be less than one and one-half inches caliper measured one foot from the ground and shall not be shorter than six feet in height. Park strip trees shall be spaced at least fifteen feet apart and shall not be planted less than ten feet from the adjoining property line. Lot owners shall be responsible for the perpetual care and maintenance of trees planted in park strip areas.

(Ord. 2017-15, 05-17-2017) (Ord. 2005-03, 02-02-05)

4-11a-3. Residential Park Strip Tree Bond Requirements.

(1) Upon applying for a building permit to construct a residential housing unit upon a residential lot in Tooele City, the owner of the residential lot or his or her agent shall post a refundable deposit in the amount of $150 for each park strip tree that is required under §4-11a-2, Tooele City Code.

(2) Park strip trees shall of a variety specified in §4-11-22, Tooele City Code, and shall meet the height and caliper measurement requirements of §4-11a-1(3).

(3) Within two years of receiving a certificate of occupancy for a residential housing unit constructed upon a residential lot within Tooele City, the owner of the lot shall submit proof to the Tooele City Building Department that the required park strip trees have been planted.

(4) Adequate proof shall consist of receipts for the purchasing or planting of the required park strip trees accompanied by a photograph or photographs of the planted trees. The photograph or photographs shall give context to the location of the trees by depicting some part of the surrounding area.

(5) After receiving proof of compliance, the Building Official may, for any reason, send a building inspector to verify that park strip trees have been planted as represented, and that they comport with all of the requirements of this Chapter.

(6) Once adequate proof of compliance with the park strip tree planting requirement has been provided, as set forth herein, and the Building Official or his representative is satisfied that the provisions of this Chapter have been met, Tooele City shall release the park strip tree bond to the owner or owners of record of the appurtenant residential lot, regardless of whether a previous owner posted the bond or purchased and planted the trees. The obligation to plant trees in the park strip(s), as well as the entitlement to recoup the bond proceeds, shall attach to lot ownership, and no one other than the owner of record at the time that proof of compliance is submitted shall have any claim upon the bond amount.

(7) If the owner of a residential lot fails to submit proof of compliance with this section within two years of receiving a certificate of occupancy for a residential housing unit constructed upon the property, the bond posted for park strip trees shall be forfeited to the City.

(8) Forfeited bond proceeds shall be deposited in a special account and used exclusively for tree planting and landscape beautification projects in public spaces located anywhere within Tooele City.

(Ord. 2005-03, 02-02-05)

 

Click Here for a .pdf copy of Title4 Chapter11a

Please Note:  Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted.  If you have questions about the Tooele City Code or for the most recent update, please call (435) 843-2120 or email attorney@tooelecity.org.

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