This chapter shall be referred to as “Uintah City Waterwise Landscape Ordinance”. (Ord. 282-23, 11-7-2023)

The City Council has found that it is in the public interest to conserve the public’s water resources and to promote water efficient landscaping and outdoor use. The purpose of this chapter is to protect and enhance the community’s environmental, economic, recreational, and aesthetic resources by promoting efficient use of water in the community’s landscapes, reduce water waste and establish a standard for designing, installing, and maintaining water efficient landscapes throughout the City. (Ord. 282-23, 11-7-2023)

The following definitions shall apply to this chapter:

 

The provisions of this chapter shall apply to all new developments in single family, commercial, institutional, industrial, and multi-family developments regardless of the entity installing the landscape. (Ord. 282-23, 11-7-2023)

   A.   Plant Selection.

      1.   Plants shall be well-suited to the microclimate and soil conditions at the project site. Both native and locally adapted plants are acceptable. Plants with similar water needs shall be grouped together as much as possible.

      2.   Areas with slopes greater than 25% shall be landscaped with deep-rooting, water- conserving plants for erosion control and soil stabilization, if irrigation of these areas is necessary it shall be achieved using drip irrigation. No turf grass shall be allowed. Hardscaping would be preferred in slope conditions.

      3.   Landscaped areas less than eight (8) feet wide shall be landscaped with water-conserving plants that do not require uniform overhead spray irrigation (no turf).

      4.   Turf areas shall also be limited to the areas defined in sections 9-25-7 and 9-25-9 of this document.

      5.   At maturity, landscapes shall have enough plant material (perennials, shrubs, and trees) to create at least 35% living plant cover at maturity at the ground plane.

   B.   Mulch. After completion of all planting, all irrigated non-turf areas shall be covered with mulch to retain water, inhibit weed growth, and moderate soil temperature. Non-porous material shall not be placed under the mulch.

   C.   Soil Preparation. Soil preparation will be suitable to provide healthy growing conditions for the plants and to encourage water infiltration and penetration.

   D.   Tree Selection. Tree species shall be selected based on growth characteristics and site conditions, including available space, overhead clearance, soil conditions, exposure, and desired color and appearance. Trees shall be selected as follows:

      1.   Broad canopy trees shall be selected where shade or screening of tall objects is desired;

      2.   Low-growing trees shall be selected for spaces under utility wires;

      3.   Select trees from which lower branches can be trimmed to maintain a healthy growth habit where vision clearance and natural surveillance is a concern;

      4.   Narrow or columnar trees shall be selected where awnings or other building features limit growth, or where greater visibility is desired between buildings and the street for natural surveillance;

      5.   Street trees shall be planted within existing and proposed park strips, and in sidewalk tree wells on streets without park strips. Tree placement shall provide canopy cover (shade) and avoid conflicts with existing trees, street access, retaining walls, utilities, lighting, and other obstacles. (Ord. 282-23, 11-7-2023)

   A.   Smart Automatic Irrigation Controller. Landscaped areas shall require smart irrigation controller which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions. All controllers shall be equipped with automatic rain delay or rain shut-off capabilities and shall be set up to operate in “smart” mode.

   B.   Each valve shall irrigate a landscape with similar site, slope and soil conditions and plant materials with similar watering needs. Turf and non-turf areas shall be irrigated on separate valves. Drip emitters and sprinklers shall be placed on separate valves.

   C.   Drip emitters shall be provided for each tree.

   D.   Drip irrigation shall be used to irrigate plants in non-turf areas. Pop-up spray heads shall be at a minimum of four (4) inches in height to avoid blockage from lawn foliage.

   E.   Sprinklers shall have matched precipitation rates with each control valve circuit.

   F.   Sprinkler heads shall be attached to rigid lateral lines with flexible material (swing joints) to reduce potential for breakage.

   G.   Check valves shall be required where elevation differences cause low-head drainage. Pressure compensating valves and sprinklers shall be required where a significant variation in water pressure occurs within the irrigation system due to elevation differences.

   H.   Filters shall be required on all secondary water service connections. Filters shall have as a minimum a 30-mesh screen and shall be cleaned and maintained by the property owner on a regular basis.

   I.   Drip irrigation lines require additional filtration at or after the zone valve at a minimum of 200 mesh and end flush valves are required as necessary for drip irrigation lines.

   J.   Valves with spray or stream sprinklers shall be scheduled to operate in accordance with local water supplier restrictions to reduce water loss from wind, evaporation, or other environmental conditions not suitable for irrigation.

   K.   Program valves for multiple repeat cycles were necessary to reduce runoff, particularly on slopes and soils with slow infiltration rates.

   L.   For each new development or rehabilitated landscape that is pursuing approval of a Designated Recreation Area as part of their development the following landscape and irrigation design standards shall be applied. A Landscape Plan Documentation Package for City approval shall also be submitted. This approval shall be in the sole discretion of the City based on compliance with its applicable standards for utilization of its water resources and development standards. Requested Designated Recreation Areas should look for opportunities to incorporate water saving irrigation design and landscaping principles and should be clearly identified for review.

      1.   Planning and Design of Turfgrass Areas:

         a.   Define the function of the park. Based on function determine water needs of the park.

         b.   Refer to the Design Criteria of Parks (Appendix A) section of the ordinance codified herein for specific design information about park types.

         c.   Design intentional turfgrass spaces for function of the park. Limit turfgrass to functional areas only. Turfgrass not used as a “filler” plant.

         d.   Eliminate turfgrass in the following areas:

            (1)   Smaller than 8 ft. wide.

            (2)   On slopes greater than 15%

            (3)   Between sports fields

            (4)   Design turfgrass areas with drought tolerant/high traffic tolerant varieties of grass.

      2.   Planning and Design of Non-Turfgrass Areas:

         a.   Design footpaths, of impermeable or permeable materials, to lead from one area of the park to another.

         b.   Plant drought tolerant trees adapted to local conditions. Efforts should be made to create a canopy of trees to keep soil temperatures cooler.

         c.   Consider safety and security when designing understory plant materials.

         d.   Specify alternative ground covers materials. (Gravel, mulches, etc.)

      3.   Irrigation Design:

         a.   Irrigation systems designed and installed by Irrigation Association certified professionals.

         b.   Smart (weather based) irrigation controllers used with flow sensing capabilities.

         c.   Design non-turfgrass areas to be irrigated with drip irrigation.

         d.   Use pressure regulating pop-up irrigation heads where appropriate.

         e.   Use rotors or high-efficient multi-stream rotating spray nozzles on pop-up heads.

         f.   Ensure irrigation systems are maintained by competent professionals. (Ord. 282-23, 11-7-2023)

   A.   Homebuilders and/or developers subdividing lots and/or constructing new single-family residential homes shall provide water-efficient landscaping options to prospective home buyers. The water-efficient landscaping option shall meet the Landscape Design Standards and Irrigation Design Standards of this chapter, and any central open shape area consisting of plant material in mass requiring overhead spray irrigation (turf) shall not exceed the greater of 35% of the total landscaped area or 250 square feet, in front and side yards but in no case shall the total landscape water requirements be allowed to exceed 0.38 acre feet. No Turf shall be installed in park strips or areas with widths less than 8 feet. Irrigable Landscaped Areas outside of turf, shall be irrigated using drip irrigation systems. Areas utilizing overhead spray shall have their water demands calculated assuming a distribution uniformity of 70%, and an estimated ET of 30 inches which results in a total of 42.86 inches of water required to irrigate every square foot. Drip irrigation water demands shall use a distribution uniformity of 95% and ET of 15 inches, or 15.79 inches for every square foot. In no case shall a landscape requiring in excess of 0.38 acre feet of water be approved and constructed.

   B.   Homebuilders and/or developers who construct model homes for a designated subdivision shall install water-efficient landscaping. The water-efficient landscaping option shall meet the Landscape Design Standards and Irrigation Design Standards of this chapter, and any central open shape area consisting of plant material in mass requiring overhead spray irrigation shall not exceed the greater of 35% of the total landscaped area or 250 square feet, but in no case shall be allowed to exceed 4,000 square feet. Landscapes shall be designed such that no more than 0.38 acre-feet of water shall be required for supplemental irrigation, per the calculations defined in paragraph A of this section.

   C.   New Construction homes shall have landscaping and irrigation plans approved by the City Planning Department prior to issuance of building permits. To ensure compliance consider, “for which any variance must be approved by the City Planning Department”.

   D.   When buyers or owners are installing their own landscaping on new home construction, a time frame for landscaping to be completed shall be 18 months from the time of issuance of certificate of occupancy to complete the front yard and no more than 2 years (24 months) to complete the total landscape. Landscaping and irrigation plans shall also be submitted to and approved by the City Planning Department prior to issuance of building permits. During the initial occupancy before landscaping has been completed weeds or grass must be maintained at a height of six inches (6") or less and dust kept to a minimum. (Ord. 282-23, 11-7-2023)

   A.   Any Homeowners Association governing documents, such as bylaws, operating rules, covenants, conditions, and restrictions that govern the operation of a common interest development, are void and unenforceable if they:

      1.   Require the use of any uniform plant material requiring overhead spray irrigation in landscape areas less than 8 feet wide or require any uniform plant material requiring overhead spray irrigation in other areas that exceed the greater of 35% of the total landscaped area or 250 square feet, but in no case shall be allowed to exceed a total landscape water demand of more than 0.38 acre-feet for single-family developments.

      2.   Prohibit, or include conditions that have the effect of prohibiting, the use of water-conserving plants as a group; or

      3.   Have the effect of prohibiting or restricting compliance with this chapter or other water conservation measures. (Ord. 282-23, 11-7-2023)

   A.   Commercial, Industrial, Multi-Family and Institutional landscapes shall meet the Landscape Design Standards and Irrigation Design Standards of this chapter. However, the turf areas within these types of developments shall not exceed the lesser of 15% of the total landscaped area or 250 square feet, excluding Turf areas associated with approved Designated Recreation Areas. Designated Recreation Areas shall be designed and constructed in accordance with section 9-25-6 of this chapter.

   B.   Turf is restricted within park strips and areas with width less that 8 feet within commercial, institutional, industrial, and multi-family developments. (Ord. 282-23, 11-7-2023)

Landscape Plan Documentation Package. A copy of a Landscape Plan Documentation Package shall be submitted to and approved by the City prior to the issue of any permit. A copy of the approved Landscape Plan Documentation Package shall be provided to the property owner or site manager. The Landscape Plan Documentation Package shall be prepared by a registered landscape architect, property owner, or other qualified landscape professionals and shall consist of the following items:

   A.   Project Data Sheet. The Project Data Sheet shall contain the following:

      1.   Project name and address;

      2.   Applicant or applicant agent’s name, address, phone number, and email address;

      3.   (If applicable) Landscape architect or Designer name, address, phone number, and email address; and

      4.   (If applicable) Landscape contractor’s name, address, phone number and email address, if available currently.

   B.   Planting Plan. A detailed planting plan shall be drawn at a scale that clearly identifies the following:

      1.   Location of all plant materials, a legend with proposed botanical and common names, and size of plant materials;

      2.   Location of any proposed Designated Recreation Areas with MAWA calculations.

      3.   Property lines and street names;

      4.   Existing and proposed buildings, walls, fences, utilities, paved areas, and other site improvements;

      5.   Existing trees and plant materials to be removed or retained;

      6.   Scale: graphic and written;

      7.   Date of Design;

      8.   Designation of a landscape zone

   C.   Irrigation Plan. A detailed irrigation plan shall be drawn at the same scale as the planting plan and shall contain the following information:

      1.   Layout of the irrigation system and a legend summarizing the type and size of all components of the system Flow rate in gallons per minute and design operating pressure in psi for each valve. Installation details for irrigation components.

   D.   Grading Plan. A Grading Plan shall be drawn at the same scale as the Planting Plan and shall contain the following information:

      1.   Property lines and street names, existing and proposed buildings, walls, fences, utilities, paved areas, and other site improvements, and

      2.   Existing and finished contour lines and spot elevations as necessary for the proposed site improvements. (Ord. 282-23, 11-7-2023)

   A.   As part of the Building Permit approval process, a copy of the Landscape Plan Documentation Package shall be submitted to the City for review and approval before construction begins.

   B.   All installers and designers shall meet state and local license, insurance, and bonding requirements, and be able to show proof of such.

   C.   During construction, site inspection of the landscaping may be performed by the City Building Inspection Department.

   D.   Following construction and prior to issuing the approval for occupancy, an inspection shall be scheduled with the Building Inspection Department to verify compliance with the approved landscape plans. The Certificate of Substantial Completion shall be completed by the property owner, contractor or landscape architect and submitted to the City.

   E.   The City reserves the right to perform site inspections at any time before, during or after the irrigation system and landscape installation, and to require corrective measures if the requirements of this chapter are not satisfied. (Ord. 282-23, 11-7-2023)

Regardless of the age of a development (commercial, industrial, office, or residential), water shall be used conservatively, waste or overuse of water is prohibited. (Ord. 282-23, 11-7-2023)

In order to conserve water, a limited resource in Utah, outside watering of lawns and landscaped areas will be restricted to the irrigation season which shall be defined as the period of time when Weber Basin Water Conservancy District’s secondary system is delivering secondary water. This period is generally from April 15 through October 15, but may vary from year to year as dictated by drought conditions or other climatic factors. Hours of outside watering shall be restricted to between 6:00 p.m. and 10:00 a.m. Exceptions to these outside watering restrictions may be permitted, in writing, by the City for new landscaping or seeding. (Ord. 282-23, 11-7-2023)

The Public Utilities Director and other employees of the Public Utilities Department are authorized to enforce all provisions of this chapter. Any consumer who violates any provisions of this chapter shall be issued a written notice of violation. This notice shall be affixed to the property where the violation occurred. The notice will describe the violation and order that it be corrected, cured, or abated immediately or within times specified by the City. Failure to receive notice shall not invalidate further actions by the City. If the order is not complied with, the City may terminate water service to the customer and/or issue a citation. (Ord. 282-23, 11-7-2023)