Chapter 15.03 - JORDAN RIVER PARKWAY EASEMENT

Sections:

15.03.010 - Purpose.#

In enacting the ordinance codified in this Chapter, it is the purpose of the City of South Salt Lake to foster the development of recreational areas, water conservation, flood control, reclamation and wildlife resources on and along the Jordan River by reserving to itself and to the general public the right to enter upon, cross over, use and make improvements upon an easement strip immediately adjoining the bank of said river.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.03.020 - Conditional subdivision approval.#

In addition to all other requirements and conditions contained in this Title, it is a further condition, upon the approval and recording of any subdivision, that the subdivider of any property containing within its boundaries one or both banks of the Jordan River, convey to South Salt Lake an easement within a strip or strips extending fifty (50) feet from the bank or banks of the river. In no event shall the easement described in this section exceed ten percent of the total area of the subdivision without just compensation being paid therefor.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.03.030 - Extent of easement.#

A.

Without prior written approval from South Salt Lake City, the owner of property affected by the easement described in Section 15.03.020 is prohibited from:

1.

Diverting, filling in, lining or culverting the natural watercourse of the Jordan River;

2.

Erecting any structures or improvements, including, but not limited to, buildings, fences, bridges and parking lots, within fifty (50) feet of the banks of the Jordan River;

3.

Dumping or permitting the dumping of any garbage or other refuse within fifty (50) feet of the banks of the Jordan River;

4.

Cutting, grubbing or removing any trees or other natural vegetation, removing any stones or earth, or otherwise disturbing the natural environment of the area within fifty (50) feet of the banks of the Jordan River.

B.

The City of South Salt Lake reserves to itself and to the general public, the rights of:

1.

Entry by agents, employees and contractors of South Salt Lake City or of the Provo-Jordan River parkway authority to survey, plan, construct and maintain such improvements as may be necessary to give effect to the water conservation, recreation, flood control, reclamation and wildlife preservation purposes of this Chapter. No such improvement shall, without consent of the property owner, extend outside of the fifty-foot easement strip without just compensation being paid therefor; and

2.

Entry by the general public for the purposes of recreation or for any other purpose contemplated under this Chapter.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.03.040 - Easement limitations.#

A.

Rights acquired by the City of South Salt Lake subject to this Chapter shall be held and exercised only for the advancement of the purposes contemplated in this Chapter.

B.

Ownership in fee simple absolute of the easement strip shall remain unaffected by the provisions of this Chapter and shall remain in the owner of the servient realty. The interest created by this Chapter is an appurtenant easement and shall remain unaffected by the sale or other alienation of the realty upon which it lies. Upon dissolution, disincorporation, consolidation or other disability of the City of South Salt Lake, the easement created by this Chapter shall, without further transferring act, vest in the succeeding government entity having territorial jurisdiction over the easement.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.03.050 - Waiver of flood control impact fee.#

The flood control impact fee imposed by Chapter 15.02 of this Code shall be waived for that portion of the subdivision or development conveyed pursuant to this Chapter.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)