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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/20/2011 - RESOLUTION 2011-112 ADOPTING AN UPDATED POLICY FORDATE: December 20, 2011 STAFF: John Stokes Daylan Figgs AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 20 SUBJECT Resolution 2011-112 Adopting an Updated Policy for the Review and Approval of Easements on City Natural Areas and Conserved Lands. EXECUTIVE SUMMARY The City of Fort Collins Natural Areas and Open Lands Easement Policy was adopted by Resolution 2001-094. To date, approximately forty right-of-way easements have been granted by the City under this Policy. The Natural Areas program (NAP) is proposing revisions to the Policy to address: 1. Compensation and mitigation requirements 2. Review and approval of projects proposed within existing easements 3. Above-ground features associated with buried utility cables and pipelines 4. Specific types of facilities 5. Review and approval of projects within new or existing utility easements on lands conserved with Conservation Easements 6. Oil and Gas and Minerals Exploration and Production 7. Public Information and Review Process. BACKGROUND / DISCUSSION The City of Fort Collins Natural Areas and Open Lands Easement Policy was adopted by Resolution 2001-94. To date, approximately forty right-of-way easements have been granted by the City under this Policy. The Natural Areas program (NAP) is proposing revisions to the Policy to address: 1. Compensation and Mitigation The City of Fort Collins Natural Areas and Open Lands Easement Policy (Resolution 2001-94, July 17, 2001) (current Policy) requires the City to be compensated for the value of the right-of-way easement and the costs for processing and managing the easement. Proposed revisions to the policy will require that compensation be required for the loss of ecological services and recreation values of the property (ecological goods and services). Compensation for the value of the land and for damages will continue to be based on fair market value as determined by accepted appraisal techniques. Compensation for loss in ecological goods and services will be based on values reported in appropriate professional and technical publications. Compensation for losses in ecological goods and services may be negotiated to be paid in cash or through the completion of appropriate mitigation measures, either on or off the property impacted by the easement. Loss in ecological goods and services will be compensated on a weighted, multi-year scale to capture the time it takes for the ecological goods and services to return to a pre-disturbance condition. It is important to note that some entities have the authority to condemn City owned lands. NAP will negotiate the value of the easement as directed by the Policy. However, the final value may be influenced by factors outside the scope of this Policy and may differ from the methods described in the Policy. 2. New Projects Within Existing Easements The current Policy is limited to new requests for easements or rights-of-way and is silent on new projects within easements previously granted by the City or within easements granted prior to City ownership. The revised Policy addresses new projects within existing easements and states the City take advantage of any opportunity to establish terms and conditions or specific project plans consistent with the terms of this Policy. Easements previously granted may not require advance notice to the City for work proposed on a natural area or conserved land. The revised Policy states that in connection with any work anticipated to take place within an existing easement, the City will establish a mutually agreed plan for notification and consultation regarding the work. Also, the December 20, 2011 -2- ITEM 20 City will negotiate with the easement holder to establish a process for advance coordination, scheduling and planning for avoidance of impacts and mitigation, if necessary. 3. Above Ground Features or Markers Above ground features or markers associated with buried utilities are addressed in the current Resource Protection Standards for Easements and Rights-of-Way but not within the governing Policy. The revised Policy requires that any above-ground features associated with buried utility cables and pipelines will not be allowed on City property unless required by applicable technical standards for public safety and utility marking or other applicable legal or regulatory requirements. The location, color and height of any such above-ground features must be approved by the City. 4. Specific Types of Facilities The revised Policy generally prohibits private streets or other private access, overhead electric lines, and drainage facilities on City property. However, the Policy does recognize there may be cases where these types of facilities may be beneficial to the City, and therefore may be allowed in these specific instances. 5. Conservation Easements The current Policy does not address request for new easements or new projects within easements previously granted on lands conserved with conservation easements (a conservation easement is a deeded property right that restricts the development of a property). The owners of private property protected by a conservation easement, which easement held by the City’s Natural Areas program, may receive requests for right-of-way easements across their property for roads, utilities and other uses. Notice to the City of the easement request generally is required within the terms of the conservation easement, and ideally property owners (or entities seeking a new right-of-way) will notify the Natural Areas program 6. Oil and Gas and Minerals Exploration The revised Policy recognizes that access, pipeline, and other easements may be requested in connection with the exploration of oil and gas, and mineral resources. The Policy prohibits granting of these types of easements unless crossing the City’s land is the only feasible means or unless it is determined to be of benefit to the City property in the specific circumstance. The Policy also states the most current version of the Natural Areas Programs Best Management Practices will be incorporated and used in connection with oil and gas exploration activities. 7. Public Information and Review Process The applicant requesting an easement on City-owned natural area or conserved land will be required to arrange for a public meeting to describe the project and respond to questions posed by the public. Documentation of the public meeting will be provided to the City. The public process is in addition to the Land Conservation and Stewardship Board and City Council review. FINANCIAL / ECONOMIC IMPACTS As a condition of approval for any easement or right-of-way, the City requires compensation for the value of the easement or right-of-way, the administrative costs for processing and managing the easement, and the value in the loss of ecological services, recreation values, and other intrinsic values of the property. A base administrative fee of $1,500 in 2011 dollars will be charged to process easement requests. The fee will be paid by the Grantee at the time the easement is granted. Staff will track its cost to administer the easement and will bill the Grantee for any cost in excess of $1,500 at a rate of $100 per hour for staff time. Staff will regularly inform the applicant of the costs the applicant is incurring during the administrative process. Following final grading and initial seeding of the disturbed site and acceptance by the City, the NAP will be responsible for ongoing vegetation management, including weed control, mowing, and reseeding, as needed. The cost for the City to perform the vegetation management over the next five to ten years is calculated to be three thousand dollars ($3,000.00) per acre of disturbance based on grassland / shrubland cover types. Vegetation management fees will December 20, 2011 -3- ITEM 20 be determined for other cover types on a case-by-case basis. The cost of this service will be evaluated and adjusted as needed. ENVIRONMENTAL IMPACTS All impacts associated with the granting of the easement will be restored. Impacts during construction activities will be restored to the current version of the Natural Areas and Conserved Lands Resource Protection Standards. The Policy recognizes the temporary loss in ecological services that will result from granting the easement and requires Natural Areas to be compensated through cash, mitigation efforts or a combination of both. In general, compensation and fees will be administered so as to result in a net benefit to the site being impacted. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BOARD / COMMISSION RECOMMENDATION At its December 14, 2011, meeting, the Land Conservation and Stewardship Board discussed the proposed Policy. A memo from the Board has been provided and minutes from the meeting will be provided in the “Read-before” packet on Tuesday, December 20, 2011. ATTACHMENTS 1. City of Fort Collins Natural Areas and Conserved Lands Easement Policy with major changes highlighted 2. Natural Areas and Conserved Lands Resource Protection Standards 3. Guidance Document: Compensation and Mitigation Requirements for Easements on City of Fort Collins Natural Areas and Conserved Lands (November 2011) 4. Guidance Document: Alternatives Analysis for Easements on City of Fort Collins Natural Areas and Conserved Lands (December 2011) 5. Work Session Summary, November 30, 2011 6. Land Conservation and Stewardship Board minutes, September 14 and October 12, 2011 7. Land Conservation and Stewardship Board memo, December 15, 2011 1 ATTACHMENT 1 CITY OF FORT COLLINS NATURAL AREAS AND CONSERVED LANDS EASEMENT POLICY Original Policy Adopted by Resolution 2001 – 94, July 17, 2001 ***Note: Changes to original text or new text in this revised policy are highlighted in green*** PURPOSE: The purpose of the policy statement is to clarify the policies and procedures of the City of Fort Collins (“City”) with respect to requests for easements or rights-of-way that affect publicly owned Natural Areas or other lands that are managed by the Natural Resources Department; lands owned in part by the Natural Resources Department; and private lands with Conservation Easements held by the Natural Resources Department. The policy does not apply to requests for easements or rights-of-way on or across other lands owned by the City. APPLICABILITY: The policy applies to requests for new easements or rights-of-way and to projects within existing easements, as appropriate, which provide for a wide variety of purposes, including without limitation, streets, water, sewer, drainage, flood control, electric power, wind generation, solar generation, pipelines, oil and gas and minerals exploration, and telecommunications facilities. The policy applies to projects of the City as well as those proposed by other public entities, such as special Utility Districts, and private parties. The policy does not apply to trails, parking lots, interpretive features or other facilities that are proposed as part of the management of public natural areas. GENERAL POLICY: Most of the natural areas and other conserved lands addressed by these policies were acquired by the City with dedicated funds from sales taxes that were approved by the voters of Fort Collins or Larimer County for the specific purpose of protecting natural areas and conserved lands. These lands are part of the fabric of the Fort Collins community, and are viewed as a type of “community facility” intended to meet specific community goals. For natural areas, the goal is to “preserve and protect natural areas within Fort Collins and the Community Growth Management Area to provide habitat essential to the conservation of plants, animals, and their associated ecosystems and to enrich the lives of citizens by providing opportunities for education, scientific research, nature interpretation, art, fishing, wildlife observation, hiking and other activities.” For other types of conserved lands, e.g., agricultural areas, lands are protected to shape the physical structure of the community: These lands “provide the community with a well-defined edge, establish community separators, direct growth, and preserve rural character.” 2 Requests for easements or rights-of-way that affect natural areas or other conserved lands must be considered within this context. Accordingly, the general policy is to avoid, to the maximum extent feasible, granting easements or rights-of-way for activities that will adversely affect the use of the land for meeting the community’s goals for natural area protection or community shaping. Where easements or rights-of-way are authorized by ordinance of the City Council, the general policy is to minimize the impact on the natural area or the community, to the maximum extent feasible, by limiting the size and visibility of the area affected, managing construction or other human activities with respect to their timing, duration, and frequency of occurrence, and restoring affected areas to a condition that is equal to or better than the condition at the time the easement is granted. Because the natural areas and other conserved lands owned by the City are in many instances within an urban context, it is recognized that easements and rights-of-way may be necessary to allow for the orderly development of the community in accordance with the adopted Plan Fort Collins (2011). Individual easement requests will be evaluated in accordance with both the general policy and with the specific policies listed in following sections. In addition, many properties owned by the City were subject to easements and rights-of- way granted by prior owners at the time the City acquired them. In connection with any work anticipated to take place within an existing easement, the City will establish a mutually agreed plan for notification and consultation regarding the work. The City will negotiate with the easement holder to establish a process for advance coordination, scheduling and planning for avoidance of impacts and mitigation, if necessary. SPECIFIC TYPES OF FACILITIES: Public Streets. New public highways, roads, or streets will not be allowed within City- owned natural areas or conserved lands, except for those specifically identified in the adopted City Master Street Plan or comparable Master Transportation Plan adopted by the appropriate governing body in cases where the natural area or conserved land is located outside of the city limits of Fort Collins. Widening or other street improvement projects on existing streets within natural areas or conserved lands will be allowed, consistent with the City Master Street Plan or comparable adopted Master Transportation Plan. The City will work to influence the alignment and design of any highway, road, or street improvement so as to avoid or minimize the effect on the natural area or conserved land. Private Streets or Other Private Access. Requests by private parties for private streets or access easements to cross natural areas or conserved lands in order to gain access to a private parcel of land will not be considered unless crossing the City’s is the only feasible means of providing access to a legal parcel of land, or unless determined to be beneficial for the Natural Areas Program in the specific circumstances. Overhead Electric Power, Telephone, or Cable Lines. New overhead cable lines will not be allowed within any City-owned natural area or conserved land, unless determined to be beneficial for the Natural Areas Program in the specific circumstances. Replacement of existing overhead cables with underground cables will generally be 3 encouraged unless the installation of underground lines will result in adverse impact to the natural area that is inconsistent with these policies. Use of the latest technology reasonably available will also be encouraged. Any change in above ground features (number of poles, pole height, number of wires, etc) within easements granted by the City or granted prior to City ownership of the land (to the extent there is an opportunity to negotiate or impose new conditions) will require review and approval by the City. Aboveground Structures. New buildings or other structures, including without limitation, towers, transmitters, receiving stations, tanks, substations, or billboards, other than those of the City, will not be allowed on City-owned natural areas or conserved lands. The City will seek and take advantage of opportunities to require or negotiate for the undergrounding, avoidance or removal of above-ground structures associated with existing infrastructure. Underground Utility Cables or Pipelines. Consistent with standard practice within Fort Collins, underground utility cables (e.g., electric, telephone, fiber optic, etc.) and pipelines (e.g., gas, water, sewer) will be located within the street and utility right-of-way adjacent to the natural area or conserved land. In instances where the existing right-of- way does not conform to the planned future street right-of-way as depicted on the applicable adopted Master Transportation Plan, cable or pipeline easements will be located parallel to the existing roadway and within the area encompassed by the future street and utility right-of-way. Some larger utility transmission cables or pipelines are not typically placed beneath streets due to reliability or safety concerns. In instances where the cable or pipeline cannot safely be placed within the road right-of-way, it will be located as close as practicable, and parallel to the road right-of-way. Above-ground features associated with buried utility cables and pipelines will not be allowed on City property unless required by applicable technical standards for public safety and utility marking or other applicable legal or regulatory requirements. The location, color and height of any such above-ground features must be approved by the City. The City will seek and take advantage of opportunities to require or negotiate for the undergrounding, avoidance or removal of above-ground structures associated with existing infrastructure. Drainage Facilities for Private Development. Drainage facilities that serve new development (such as detention, retention, or water quality ponds) shall be located on private land within the development and not on City-owned natural areas or conserved land. Easements for conveyance facilities will be considered on a case-by-case basis when the City-owned land is located between the private parcel and the historic receiving channel or stream. The design of the new flow conveyance must utilize existing drainages to the maximum extent feasible and must blend into the surrounding terrain; must not impact the existing geomorphic character of the drainage; and must enhance the natural habitat features and character of the site. 4 Requests will not be granted for easements by private entities to construct flood control or drainage structures on natural areas or conserved lands to create developable land by removing it from the floodplain, unless determined to be beneficial for the Natural Areas Program in the specific circumstances. Requests will be considered on a case by case basis for construction of flood control measures to address existing flood hazards that threaten public health or safety; in these cases, use of the natural area or conserved land must be the only reasonable alternative to address the flood hazard and the structure or measure must be designed to minimize the impact to the natural area. Public Flood Control and Drainage Facilities. The City’s Natural Areas, Storm Drainage, and Water Quality programs have a strong record of collaboration in the joint acquisition of land and in the design of projects that meet multiple community needs. To the maximum extent feasible, planning for storm drainage, water quality and natural areas and land conservation acquisitions shall continue to be coordinated so that lands needed for all of these uses are purchased jointly. Innovative approaches shall continue to be used so that flood control and water quality facilities are designed, constructed, and managed to maintain or enhance natural area protection values while meeting flood control, stream stability, and water quality needs. Easements or rights-of-way for flood control structures or facilities will be considered on natural area or conserved land when the facility is part of the implementation of an adopted basin-wide master plan (e.g., Canal Importation Master Drainageway Plan, Poudre River Master Drainageway Plan). ***New Sections*** Oil and Gas and Minerals Exploration. In connection with the exploration of oil and gas and minerals resources, access, pipeline, and other types of easements may be needed. Such requests, will not be considered unless crossing the City’s land is the only feasible means of providing access to the location on which the oil and gas or minerals exploration will occur, or unless determined to be beneficial for the Natural Areas Program in the specific circumstances. Any easement for this type of activity will incorporate, to the extent applicable, the most current Best Management Practices requirements developed for use in connection with oil and gas exploration activities. Conservation Easements. The owners of private property protected by a conservation easement held by the City’s Natural Areas Program may receive requests for easements across their property for roads, utilities and other uses. Notice to the City of the easement request is generally required in the applicable conservation easement, and property owners should notify the Natural Areas program of any such requests. Staff will consult with the property owner to evaluate such requests on a case-by-case basis, taking into account the terms of the conservation easement, the conservation values of the property, and this Policy, to the extent permissible. In order to complete the appropriate review of any such requested easement, the City will obtain information regarding the nature, scope, design, location, timetable and other material aspects of the proposed activity, and evaluate the proposed activity to determine if it is permissible under, and consistent with, the applicable conservation easement and the conservation values of the property. 5 The City’s Natural Area Program owns lands protected with conservation easements held by other entities. Once the City receives a request for an easement across these properties, the City will notify the owner of the conservation easement. Staff will then work with the conservation easement owner to evaluate such requests on a case-by-case basis, taking into account the terms of the conservation easement, the conservation values of the property, and this Policy, to the extent permissible. ALTERNATIVES ANALYSIS: In general, a right of way or easement across a City-owned natural area or conserved land will only be approved if it is the only reasonable alternative, considering environmental impacts, impacts to the recreation uses of the natural area by the community, financial costs, engineering feasibility, public health and safety and other appropriate factors. Applications for easements or rights-of-way must identify and evaluate the environmental impact, engineering feasibility, and the cost of alternatives that do not affect the city- owned natural area or conserved land. Depending on the type of proposal, alternatives will need to consider both alternative locations for the facility as well as alternative designs. The number of potential alternatives to be considered will depend on the location and nature of the proposal, but must be sufficient to allow City staff, the Land Conservation and Stewardship Board, and City Council to evaluate the cost and environmental impact of the available alternatives for meeting the intent of the proposal. Applicants should expect to provide information on the available alternatives at a level of detail to allow independent review of the conclusions by City staff or outside consultants retained by the City to assess the easement request. LAND USE CONSISTENCY: Applicants for rights of way and easements must demonstrate that any development to be served by the proposal is consistent with the Plan Fort Collins, the City’s Comprehensive Plan. Where the purpose of the easement is to provide utility services to areas outside the land use jurisdiction of the City, the applicant must demonstrate consistency with the adopted comprehensive plan of the governing jurisdiction, and with any applicable growth management policies of the City. Applications for easements that facilitate development or growth that is contrary to the policies of the City will not be approved. MASTER PLAN CONSISTENCY: As a condition of approval, the applicant must demonstrate that the requested easement or right-of-way is consistent with the adopted utility master plan or service plan for the area where the easement is requested. The applicant must demonstrate that the proposed project is located and designed appropriately to meet the future needs of the service area based on the adopted land use plans and/or zoning in the area served. This requirement is intended to encourage thorough planning, coordination among property owners, and to avoid multiple requests for easements or premature expansion or modification of the facility before the end of its normal service life. COORDINATION WITH OTHER ENTITIES: Generally, the City will not grant exclusive easements. As a condition of approval, the applicant must contact other utility service providers in the project vicinity to determine if they have current or future plans for additional facilities in the area. To the extent feasible, the planning, design, and construction of facilities shall be coordinated among 6 utility providers to conserve easement corridors and to avoid repeated construction activities that may affect the natural area or conserved land. Applicants must provide copies of written requests for utility coordination and the responses received from other service providers. COMPLIANCE WITH EXISTING EASEMENTS: Applicants must demonstrate compliance with the requirements of prior easements on land subject to this Policy or other City property. Requests for new or additional easements will not be considered if the applicant has not met the requirements of existing easement agreements and has failed to make diligent efforts to correct the situation after notification by the City. RESOURCE PROTECTION STANDARDS: As a condition of approval of any easement or right-of-way, the City will impose appropriate measures to assure adequate resource protection for the natural area or conserved land. These measures will be determined based on the characteristics of the proposal and the affected land, but may include, without limitation: field investigations to determine the presence of sensitive plants and wildlife; siting requirements to minimize the effect on natural resources; seasonal timing restrictions to avoid impacts to wildlife or sensitive habitat during critical periods of the year; access restrictions to control times and locations of access to the easement; construction management measures to ensure that activities are restricted to designated areas, to control erosion, to limit noise, or other impacts; restoration requirements to ensure the timely regrading and revegetation of disturbed areas to a condition consistent with the future management of the area; mitigation measures to replace resource values lost to the community as a result of the project; and requirements to minimize the impact to the natural area of ongoing operation and maintenance of the facility. The City Manager or his or her designee shall develop and maintain a general list of resource protection standards that are applicable to natural areas and conserved lands. This list, which is now maintained by the Natural Areas Program may be modified from time to time based on the experience gained in managing easements, developing knowledge about the resource values of the City’s natural areas and conserved lands, and improved knowledge related to best management practices needed to protect the natural values of the City’s properties and to reflect specific circumstances or concerns in connection with a particular easement or project. 7 COMPENSATION AND MITIGATION: As a condition of approval of any easement or right of way, the City will require cash compensation for the value of the permanent and temporary easements and for the administrative costs of processing and managing the easement, except where there is offsetting value and benefit to the Natural Areas Program. In addition, the City will require compensation for the loss of ecological service values, recreation values, and other intrinsic values of the property. Compensation for the value of the land and for damages will be based on fair market value as determined by accepted appraisal techniques. Compensation for loss in ecological services and recreation use will be based on values reported in appropriate professional and technical publications. Compensation for losses in ecological services and recreation use may be negotiated to be paid in cash or through the completion of appropriate mitigation measures. Additional fees assessed for other costs associated with processing the easement request and approval process, overseeing construction activities, and managing the easement following construction will be based on the estimated actual costs of the service provided. In general, compensation and fees will be administered so as to result in a net benefit to the Natural Areas Program. **New Section** PUBLIC INFORMATION AND REVIEW PROCESS: In addition to the formal advisory board and City Council review procedures described below, any party requesting an easement on City-owned natural area or conserved land will be required to arrange for a public meeting at which information regarding the proposed easement and related project will be provided, and at which questions regarding the easement and related project will be taken. The party requesting the easement shall be responsible for ensuring that responses are provided to questions asked at the meeting to the extent practicable, and that such questions and responses and any input received at the meeting are documented and provided to City staff. The party requesting the easement shall be responsible for providing timely and meaningful notice to the general public in advance of any such public meeting. ADVISORY BOARD AND COUNCIL REVIEW: Granting an easement or right-of-way conveys a property right, and must be approved by the City Council by ordinance. The Land Conservation and Stewardship Board will also review the easement proposal and make a recommendation in its advisory role to the City Council. City staff will be responsible for working with the applicant on the application process, reviewing and evaluating the application, and making a recommendation to both the Land Conservation and Stewardship Board and the City Council. If an easement is granted by the City Council, staff will be responsible for overseeing and managing the easement and ensuring that the conditions of the grant are met. APPLICATION REQUIREMENTS AND REVIEW PROCESS: In addition to this Policy, the City Manager or his designee will establish procedures for reviewing applications for easements and rights–of-way that affect City-owned natural areas and conserved lands. These procedures shall establish the fees, necessary steps and information requirements for the timely consideration of requests for easements or rights- of-way. The City Manager or his or her designee will ensure that easement requests are presented to City Council for decision in a timely manner. Page 1 of 6 General Resource Protection Standards for Easements or Rights of Way on City of Fort Collins (“City”) Natural Areas and Conserved Lands Introduction This document lists the various resource protection standards that may be required as conditions of granting an easement, license to enter or right-of-way (collectively referred to in this document as “easements”) on City Natural Areas and other conserved lands, in order to protect or restore natural resource values. These measures are consistent with the requirements in the City Land Use Code for Ecological Characterization Studies and for Resource Protection associated with development projects. The measures will be evaluated for each easement request and applied as needed, depending on the site location, characteristics of the site, and on the nature of the easement. The applicable resource protection standards will be specifically included in the terms of the easement agreement. They must also be included as notes on the approved construction plans for the easement request. The easement holder (“Grantee”) must provide these standards to all contractors who will be doing work for the Grantee within the easement area. The City may also attach some or all of these requirements as an addendum to the Grantee’s Development Agreement, if applicable. These resource protection standards are current as of June 2011. They may be updated from time to time by the Natural Resources Department based on new information about the resources of the City’s natural areas or on new information about best management practices. Applicants must contact the Natural Resources Department for a current list of standards. The Grantee is responsible for completing, or requiring its contractors to complete, each of the following conditions that the City determines is applicable to the Grantee’s project: Plans and Permits Prior to starting any construction on the Project: 1. Submit final plans to the City and ensure that they have been approved and signed on behalf of the City. Confirm that all permanent and temporary easements have been approved by City Council and that the easement documents have been signed by both parties and recorded at the County Clerk’s Office. Plans must include: 1’-2’ contours; property lines with adjoining property ownership shown; all wetlands; streams; ditches; riparian areas; prairie dog colonies; all existing and proposed man made structures; all existing utilities; all ATTACHMENT 2 Page 2 of 6 needed easements for access, construction staging areas, and construction (limits of disturbance); construction plans and profiles; restoration plans; and general notes stating all construction and restoration requirements. 2. Obtain a City Excavation Permit. 3. Perform field investigations and surveys to determine the presence and location of sensitive plants or animal species and geological or archeological features. 4. Develop an erosion control plan. This plan must comply with the City’s Storm Drainage Design Criteria and Construction Standards. Ensure that the erosion control plan has been approved and signed by the City. 5. Contact the Corps of Engineers to obtain a 404 permit and/or clearance of the project. Submit two copies of the permit, or the letter of clearance from the Corps, to the City. 6. Conduct a Preble’s meadow jumping mouse survey according to U.S. Fish and Wildlife Service guidelines. Submit two copies of the report and letter of clearance from the U.S. Fish and Wildlife Service to the City. 7. Conduct a Ute ladies’ tresses orchid survey according to U.S. Fish and Wildlife Service guidelines. Submit two copies of the report and letter of clearance from the U.S. Fish and Wildlife Service to the City. Construction Coordination and Project Acceptance 8. Arrange for the City’s designated representative to attend the pre-construction meeting to meet the contractors, discuss the importance of the resource protection requirements, discuss and approve the construction schedule and establish lines of communication to be used during construction. 9. Maintain ongoing communication with the City’s representative during construction to communicate progress, changes in schedule, problems, and periodic inspections. 10. Once the project has been completed, arrange for the City’s representative to inspect the project site to verify that the project was completed and the site restored according to the applicable plans and agreements. Once the City accepts the restoration work, the City will generally take over the vegetation maintenance, per the specific terms of the easement agreement. 11. Provide the City with Drawings of Record within sixty (60) days after the completion of the improvements. Page 3 of 6 Wildlife 12. Raptors: Survey the site to determine if any of the following species are present and check with the City for information on possible nesting, feeding or roosting sites. a. If the site is used as a winter feeding area by large birds of prey, construction cannot take place from October 15 through March 15 to avoid disturbing feeding eagles and large hawks, unless otherwise directed by the City. b. If a bald eagle and/or ferruginous hawk winter night roost is located near the proposed easement, construction cannot take place from October 15 through March 15 to avoid disturbing night-roosting eagles and/or hawks. c. If a Swainson’s hawk nest is located near the proposed easement, construction cannot take place from April 1 through July 15 to avoid disrupting the nesting cycle of the hawk. d. If a red-tailed hawk nest is located near the proposed easement, construction cannot take place from March 1 through July 15 to avoid disrupting the nesting cycle of the hawk. e. If burrowing owls are nesting within 330 feet of the limits of development, construction cannot take place from April 1 through August 1 to avoid disrupting the nesting cycle of the owls. 13. If construction will be taking place in or through an area that contains or may contain prairie dogs, either relocate the prairie dogs or fumigate the burrows immediately prior to any grading. Relocation of Prairie dogs between February 1 and August 1 is not permitted. 14. Perform the wildlife surveys described below, notify the City of the survey results and obtain approval of construction schedule prior to starting construction. These surveys may be done several months prior to construction, but if done more than 30 days prior to construction they must be performed again within 30 days prior to the start of construction to verify results. a. The site may contain den sites for red foxes. Conduct surveys to determine if any foxes are denning within 100 feet of the limits of development. If fox are found to be denning within 100 feet, then construction cannot take place during the normal denning and pup-rearing season (February 1 through October 1). b. The site may contain den sites for coyotes. Conduct surveys to determine if any coyotes are denning within 300 feet of the limits of development. If Page 4 of 6 coyotes are found to be denning within 300 feet, then construction cannot take place during the normal denning and pup-rearing season (February 1 through October 1). c. The site may contain den sites for badgers. Conduct surveys to determine if any badgers are denning within 300 feet of the limits of development. If badgers are found to be denning within 300 feet, then construction cannot take place during the normal denning and young-rearing season (January 1 through August 1). Plants 15. The site may contain plant species listed as rare in Colorado. If a rare plant is discovered prior to or during construction activities, notify the City. The City may, in its discretion, require the Grantee to remove all such plants within the limits of disturbance prior to construction, keep plants alive and replant after construction is completed, or the City may salvage existing plants and shrubs for transplanting to other sites. 16. The site may contain native shrubs and/or trees that may be within the limits of development. Any native shrubs/trees removed to allow construction or damaged during construction must be replaced on a two-for-one/same species basis. All replacement shrubs/trees must be 1-gallon container size and must be warranted to survive for 2 complete growing seasons. Structures 17. Remove, store, protect and replace any man-made structures (e.g., kiosks, raptor perch poles, prairie dog barriers and fencing) within the limits of disturbance. 18. Repair any damage to concrete bike trails, fences, parking lots, or any other improvements caused directly or indirectly by the construction. Repair/replace improvements immediately to current City standards, including matching the color of the concrete. Field Demarcation 19. Install orange construction fencing to mark the easement limits (limits of disturbance) on the site. Do not begin any construction activities until the City’s representative has approved the fence location. 20. Post temporary signs informing the public that this is the Grantee’s project and indicating the purpose of the project and the Grantee’s phone number. Signs must be posted at the locations designated by the City. Page 5 of 6 Erosion Control 21. Have erosion control measures in place and approved by a City representative prior to any construction. Grading/Construction 22. For areas with native vegetation, strip topsoil in all areas of excavation to a depth of 8 inches and stockpile separately. Wetland and upland soils must be stockpiled separately from each other. Place the topsoil in an 8-inch layer on top of the subsoil in the corresponding zone immediately following the completion of construction. 23. For areas with non-native vegetation, strip the top 2 inches of topsoil from the entire construction easement area and remove the topsoil from the site to remove the non-native vegetation seed source. Then strip 8 inches of topsoil from the area to be excavated and stockpile separately. Wetland and upland soils must be stockpiled separately from each other. Place the topsoil in an 8- inch layer on top of the subsoil in the corresponding zone immediately following the completion of construction. 24. Maintain a safe work area and protect the safety and welfare of Grantee’s employees, contractors or subcontractors, and the general public, including without limitation providing barricades and safety fences around excavations and drop-offs left open at the end of a work day. Safety precautions must be in compliance with all applicable laws, rules and regulations. 25. Compact backfill in trenches to 95% Standard Proctor Density. Test the compacted soils at 100’ intervals vertically and 2’ intervals horizontally within the area of excavation to ensure that this requirement has been met. Submit to the City all laboratory Proctor density results, and a copy of all field compaction tests. After compaction to final subgrade (8” below finished grade), the top 6 inches of subsoil must be ripped, and the previously stripped and stockpiled topsoil materials spread evenly over the excavated areas. Soils in backfilled, compacted, topsoiled trenches must match the grade of the surrounding undisturbed areas. 26. Set all manhole covers, valve lids, vaults, etc. below or flush with the finished topsoil surface. If any improvements are approved for construction above the final grade, they must be painted with a color approved by the City. 27. Remove the upper sections of all existing manholes to be abandoned and fill the holes with soil. This soil must be compacted to 95% Standard Proctor Density to prevent settlement. Page 6 of 6 28. Remove the upper sections of all existing manholes to be retained, but that are not flush with the finished topsoil surface, and rebuild to be flush with the topsoil surface. 29. Bring to grade (match surrounding topography) all settled and eroded areas along the existing pipeline, if any, to be abandoned during construction of the new pipeline. Repair any settlement that occurs over the existing pipeline or new pipelines after completion and acceptance of the project by the City. Any necessary repairs must be conducted in a manner and at a time directed by the City. Repaired areas must be restored as per restoration requirements outlined in this document or in the easement agreement. 30. Areas within the limits of disturbance that have been driven over, compacted or rutted by equipment must be scarified to a depth of 8” and regraded to original grade and contours. 31. Meet with the City’s representative to discuss and get approval of the final grading and the seeding/mulching process prior to reseeding. Seed all disturbed and topsoiled areas with a seed mix of native species specified by the City. The seed must be drilled into the soil an appropriate depth for the species in the mix and existing conditions, using a range drill (not a Brillion). Immediately following seeding roll the seeded areas with a sheeps foot roller to lightly compact and imprint the soil. This removes air voids, provides better seed-soil contact and provides indention’s in the soil that will capture moisture. All seeded areas must then be hydromulched in accordance with the City’s Storm Drainage Design Criteria and Construction Standards. Following final grading and initial seeding of the Construction Easement Area and acceptance by the City, the City will be responsible for ongoing vegetation management, including weed control, mowing, and reseeding, as needed, in areas disturbed and seeded in accordance with this paragraph. The cost for the City to perform the vegetation management over the next five to ten years is calculated to be three thousand dollars ($3,000.00) per acre of disturbance based on grassland/shrubland cover types. Vegetation management fees will be determined on a case-by-case basis for other cover types. Any requirements listed above that are not completed in a timely manner may be corrected by the City at the Grantee’s expense. The City will bill the Grantee for the cost of the correction plus management costs. Page 1 of 5 Guidance Document: Compensation and Mitigation Requirements for Easements on the City of Fort Collins Natural Areas and Conserved Lands. November 2011 The mission of the Natural Areas Program is to “protect and enhance lands with existing or potential natural areas values, lands that serve as community separators, agricultural lands, and lands with scenic values. Protection of natural habitats and features is the highest priority, while providing for education and recreation for the Fort Collins community.” Lands purchased and conserved by the Natural Areas Program (NAP) provide a wide variety of benefits to the citizens of Fort Collins and Larimer County that include fish and wildlife habitat, wildlife viewing, recreation opportunities, agricultural products, community separation and simply the value provided by open space views. Other benefits include water and air purification, water infiltration, flood control, habitat for pollinators of crops and natural vegetation, erosion control, and maintenance of biodiversity. Collectively these benefits are described as ecological goods and services (also called natural goods and services) and represent resources and processes that are supplied by natural ecosystems. Ecosystem goods are considered tangible items such as food, timber, and natural fiber. Ecosystem services are less tangible but just as integral to a healthy, functioning ecosystem. These services often go unnoticed and include such items as water purification and flood control. The conservation community has long recognized that ecological goods and services have a financial value based in part on the fact they are difficult and costly to duplicate. Numerous studies published in natural resource and economic literature have delineated and quantified these ecological goods and services, and others have devised methodologies for placing a value on the ecological goods and services provided by conserved lands. NAP has selected a document prepared by the Trust for Public Land titled A Return on Investment: The Economic Value of Colorado’s Conservation Easements (see Attachment 1) to establish the value of ecological goods and services on NAP lands. TPL conducted this analysis to determine Colorado’s return on investments in conservation easements. As part of this project, TPL estimated the value of ecological goods and services provided by conserved lands in Colorado based on information gathered through a literature review of values previously calculated for the major land cover types featured in the National Land Cover Dataset, created by the U.S. Geological Survey. Ecological goods and services considered in the analysis include water supply, flood control, fish and wildlife habitat, recreation, aesthetics, carbon sequestration, dilution of waste water, erosion control, grazing, and agricultural crop production. While, this synthesis document will be used to establish ecological goods and service values for NAP conserved lands, NAP recognizes this is a growing field of study and will continue to pursue opportunities to better define and adjust the values. In all cases, ecological goods and service values will be adjusted on an annual basis based on the Denver-Boulder-Greeley CPI-U. Table 1 provides the value per acre per year for the cover types in Colorado; values are reported in 2011 dollars. Compensation ATTACHMENT 3 Page 2 of 5 The Natural Area Program owns and/or manages over 35,000 acres of land within Fort Collins and in unincorporated Larimer County. As such, NAP is contacted with requests for easements and rights-of-way that cross conserved lands. The general policy is to avoid, to the maximum extent feasible, granting easements or rights-of-way for activities that will adversely affect the use of the land for meeting the community’s goals for natural area protection and or community shaping. When easements or rights-of-way are authorized by City Council, efforts will be made to avoid and/or minimize environmental impacts and NAP will be compensated for the value of the property. Compensation to the NAP will be based on the property’s fair market real estate value as determined by accepted appraisal techniques, and the value of the ecological goods and services lost due or impacted by the project as described below in “Ecological Goods and Services Calculation.” Administration and Maintenance Fees Once a site is disturbed, not only is the value of the natural goods and services lost for a period of time, but it takes many hours of staff time to administer the restoration of the disturbed site. A base administrative fee of $1,500 in 2011 dollars will be charged to process easement requests. The fee will be paid by the Grantee at the time the easement is granted. Staff will track its cost to administer the easement and will bill the Grantee for any cost in excess of $1,500 at a rate of $100 per hour for staff time. Staff will regularly inform the applicant of the costs the applicant is incurring during the administrative process. Following final grading and initial seeding of the disturbed site and acceptance by the City, the NAP will be responsible for ongoing vegetation management, including weed control, mowing, and reseeding, as needed. The cost for the City to perform the vegetation management over the next five to ten years is calculated to be three thousand dollars ($3,000.00) per acre of disturbance based on grassland / shrubland cover types. Vegetation management fees will be determined for other cover types on a case-by-case basis. The cost of this service will be evaluated and adjusted as needed. Ecological Goods and Services Calculations The length of time needed for ecological goods and services to return to a pre-disturbance condition is difficult to predict. Since the time necessary for full restoration is difficult to predict the following assumptions are made: (1) a period of ten years will be used to estimate the length of time ecological goods and services are lost or reduced (2) ecological goods and services are lost in full for the first five years and compensated at one hundred percent (100%) of the assigned value, and (3) ecological goods and services are partially restored in years six through ten and compensated at fifty percent (50%) of the assigned value. Payment will be due in full at the time the easement is granted and will be based on the entire ten year period. Page 3 of 5 Table 1 provides the per acre per year value for the cover types in this area (from Sargent-Michaud, J. 2010. A return on investment: The economic value of Colorado’s conservation easements. The Trust for Public Lands) Ecosystem Type Fee/Acre/Year (2011 Dollars) Mixed Forest $891 Deciduous Forest $890 Evergreen Forest $890 Emergent Herbaceous Wetland $793 Woody Wetland $793 Scrub/shrub $617 Agriculture $286 Open Water $270 Developed – Low Density Urban/Open Space $196 Developed – High Intensity Urban $196 Shortgrass Prairie $88 Grassland/Herbaceous $86 Sagebrush $83 Barren N/A Altered or Disturbed N/A Developed – Oil/Mine/Quarry N/A Examples of Ecosystem Goods and Services Compensation Two easements that had been already granted by the NAP were looked at again to use as examples of how compensation for ecosystem goods and services would affect the fees assessed to the grantee of the easement. The first easement revisited was an 0.9 acre easement consisting of a 50 ft. wide permanent, non-exclusive easement and a 75 ft. temporary construction easement. The total compensation paid for the easement was $4,662.50, of which $1,500 was for the Market value of the permanent easement, $400 for the temporary construction easement, and $2,762.50 for the restoration of the site after the project was completed. Page 4 of 5 If compensation for ecosystem goods and services (E.G.S.) were in implemented, the additional compensation would be calculated as follows: Land Cover Type Acreage Value/Acre/Yr Years 1 -5: Assessed at 100% E.G.S. Lost Years 6 -10: Assessed at 50% E.G.S. Lost Total Value of E.G.S. Lost by Land Cover Type Cultivated Crops 0.57 $286 $815 $408 $1,223 Developed – Low Intensity/Open Space 0.33 $196 $323 $162 $485 TOTAL $1,708 The $1,708 would be assessed in addition to the $4,662.50 that was originally charged for a total of $6,370.50. The second example is a 3.2 acre easement consisting of a 25 ft. permanent, non- exclusive utility easement and a 30 ft. temporary construction easement. The total compensation for the easement paid by the grantee was $48,531, of which $25,240 was for the permanent easement, $6,011 for the temporary construction easement, and $17,280 for the Restoration Management Fee. With lost E.G.S. lost compensation calculated, additional compensation would be calculated as follows: Land Cover Type Acreage Value/Acre/Yr Years 1 -5: Assessed at 100% E.G.S. Lost Years 6 -10: Assessed at 50% E.G.S. Lost Total Value of E.G.S. Lost by Land Cover Type Cultivated Crops 0.837 $286 $1,197 $598 $1,795 Grasslands/Her baceous 0.265 $86 $114 $57 $171 Developed – Medium Density .097 $196 $95 $48 $143 Developed – Low Intensity/Open Space 1.58 $196 $1,548 $774 $2,322 Page 5 of 5 On-site or Off-site Mitigation NAP may select cash or mitigation as compensation for the loss in natural goods and services. Mitigation projects may occur on or off-site and include such items as:  Habitat or vegetation restoration beyond what is disturbed by the project,  Trail construction or repair  Natural Area Public Facility upgrade or repair  Removal or undergrounding of above ground features. Preference will be given to mitigation projects that occur within or adjacent to the Natural Area affected by the easement. If additional acres are restored, preference will be given to the restoration of the same cover type within or adjacent to the affected Natural Area. In all cases, the site impacted by the easement project will be restored and the mitigation project approved by Council. Page 1 of 2 ATTACHMENT 4 Guidance Document: Alternatives Analysis for Easements on City of Fort Collins Natural Areas and Conserved Lands (December 2011) As stated in the City of Fort Collins Natural Areas and Conserved Lands Easement Policy “In general, a right of way or easement across a City-owned natural area or conserved land will only be approved if it is the only reasonable alternative, considering environmental impacts, impacts to the recreation uses of the natural area by the community, financial costs, engineering feasibility, public health and safety and other appropriate factors. Applications for easements or rights-of-way must identify and evaluate the environmental impact, engineering feasibility, and the cost of alternatives that do not affect the city-owned natural area or conserved land. Depending on the type of proposal, alternatives will need to consider both alternative locations for the facility as well as alternative designs. The number of potential alternatives to be considered will depend on the location and nature of the proposal, but must be sufficient to allow City staff, the Land Conservation and Stewardship Board, and City Council to evaluate the cost and environmental impact of the available alternatives for meeting the intent of the proposal. Applicants should expect to provide information on the available alternatives at a level of detail to allow independent review of the conclusions by City staff or outside consultants retained by the City to assess the easement request.” Prior to providing the information required by this section, the Applicant must meet with a representative of the Natural Areas Program to discuss alternate routes and alternate designs that must be considered in the Alternatives Analysis. The following information should be included within the Alternatives Analysis provided by the applicant. 1. A map of appropriate scale that clearly identifies alternate routes considered for the easement both on and off City-owned property. 2. A written description of the environmental impacts, engineering feasibility, and project cost for each alternate route including supporting documentation on feasibility and costs. The written description shall summarize the wildlife and vegetation survey information and recreation and wildlife structure information described in the Plans and Permits, Wildlife, Plant, and Structures sections of the Resource Protection Standards. 3. A written description of any anticipated recreation impacts that will result from the City granting of the easement or right-of-way. 4. A map of appropriate scale that clearly identifies the location of the requested easement or right-of-way on City-owned property (including temporary construction easements and access easements). 5. A written description of public safety benefits from the use of the City-owned natural area or conserved land. Page 2 of 2 6. A written summary describing the environmental impacts, recreation impacts, cost savings, engineering feasibility, and public safety issues avoided by selection of the proposed route on City-owned land. 7. A written description of the restoration and/or mitigation plans related to the project on City-owned land how these activities will benefit the City. 8. A map of appropriate scale showing the location of proposed mitigation activities. 9. A summary of the input received from the public at the required public meeting and all other input received from the public. Based upon the information received from the applicant, public input, Land Conservation and Stewardship Board input, the Policy requirements, and staff research; staff will analyze the alternatives and make its recommendation to the LCSB and Council for approval or denial. ATTACHMENT 5 1 Excerpt – Land Conservation and Stewardship Board Wednesday, September 14, 2011 Utility Easement Policy Discussion  Figgs: The City of Fort Collins Natural Areas and Open Lands Easement Policy was adopted by Resolution in 2001. To date, approximately forty easements have been granted by the City under this Policy. Recently City Council requested staff to review the easement policy and recommended appropriate changes for adoption by Council. Once revisions are finalized, staff will present the revised policy to the Land Conservation and Stewardship Board for their consideration and recommendation for City Council adoption. Revisions to the Policy being considered by Natural Areas staff are: o Fee Structure and Restoration/Mitigation o Existing easements (previously granted by the City or in place at the time of acquisition) o Easements that occur on private lands encumbered by Conservation Easements  Knowlton: Have you looked at other places like Boulder?  Figgs: That is part of what we are doing as well.  Scharton: We are on the front edge of fee structure and restoration requirements.  Quayle: Where I work, when restoring the army land, we set up a success rate area and it has to meet those criteria before transferring the land.  Figgs: We have that as well, and how we typically do it is to allow them to do their own restoration to our performance standards. The more common way is once the initial restoration is complete, as long as it is to our specifications, we would receive payment per acre and we would, instead of them, manage the site through the restoration standard. We would then fold that into our day to day management activities.  Stanley: I like the ecosystem service value very much and others will follow.  Cameron: I like the ecosystem service value also.  Daggett: We have gotten better over time; including specific requirements for the kinds of things that we have learned are helpful like, communication, and plan review. Early in the program the easements had a lot less of this language. We are now watching for opportunities to try and leverage for instance, if they need a construction easement, it would give us an opportunity to negotiate something with them, maybe even an internal easement.  Knowlton: It could also happen that in the future we could acquire a piece of land that would have an existing easement.  Figgs: There is a second parallel project that Justin Scharton is working on where we are currently going back and looking at the properties that we ATTACHMENT 6 2 hold title to and looking at the easements that are in place and figuring out which ones are in use and which ones can be vacated.  Daggett: We may be able to argue that some of them were abandoned and now is the time to do this.  Figgs: Even though our policy hasn’t changed since 2001, the resource protection standards and easements have evolved.  Germany: I agree that you should be looking at this policy and reviewing the easements that exist and making them more restrictive or specific if at all possible.  Haines: Could you explain the ecosystem service value.  Figgs: Generally what they are based on is several criteria or several parameters, anywhere from carbon storage, water purification and filtration. It applies utilitarian values to land, and it also has values associated with wildlife habitat.  Stanley: There is a lot of research in this area; it’s not new in terms of application.  Grimes: How do you quantify it?  Scharton: The Trust for Public Land (TPL) document took research from a lot of different areas for example, studies from herbaceous wetlands to agricultural developing and everything in between with the wetlands being most economically beneficial down to a highly developed altered state. The quantifying goes by the natural land cover data set, which is an easily quantifiable GIS tool.  Haines: Do you put a value on opportunity costs, because when you are watching over these easements you’re not doing other things.  Figgs: We do not and I’ve struggled with that mostly from a restoration standpoint. How I was trying to get at it was with the ratio of mitigation of one acre disturbed two acres replaced, and work it into the ecosystem service formula.  Haines: When this happens on private land how are these things done in terms of what the private landowner requires?  Figgs: There would be a negotiation between buyer and seller.  Sears: If we can walk away from an easement with the citizens satisfied it is a win, win situation.  Daggett: Sometimes there is a situation where we are dealing with an entity that would ultimately have the power to take what they want if we don’t give it to them. We have to be careful to bring them along so that they want to cooperate with us and don’t give up.  Haines: A lot of these agencies want to do the right thing too. Is there a way to build in that approach of saying we’d like to be made whole plus?  Sears: Our goal is that this is as much a win for the Natural Areas program or the Natural Areas site as it is for the agency.  Daggett: We can explain a rational as to why something makes sense, and give the party that wants the easements a way to justify internally for themselves why they should go along with what we are asking. 3  Cameron: The Legacy Land Trust holds the easements over your properties and when you are looking at making yourself whole, include making the entity pay for the cost that it takes to make adjustments and include the Legacy Land Trust and its staff review costs also.  Figgs: That’s a good point, thank you.  Sears: I’m advocating whole plus because, if an agency is going to put a line across our property as opposed to having to put it under a street, they are coming out whole plus likely, it will save them a substantial amount of money from going somewhere other than across or adjacent our natural areas. They are getting an economic advantage.  Figgs: I will gather up the comments received, and provide a redlined version of the revised policy hopefully in October. There is an internal review process that the policy will go through; we will then bring it back to this Board for recommendation. Excerpt – Land Conservation and Stewardship Board Wednesday, October 12, 2011 Utility Easement Policy Update/Discussion Figgs reviewed the Draft Proposed Changes from the City of Fort Collins Natural Areas and Open Lands Easement policy. This was a discussion item in an effort to gather input from the Board and finalize the proposed revisions to the Policy. No formal action by the Board was requested at this time. Staff will bring the Policy back to the Board in November or December for the Board’s recommendation to Council.  Cameron: When conservation easements are held by others on Natural Areas property, that entity should be notified when a request is coming in for an easement. Should that be in the Policy?  Figgs: Yes, I think it should be. RESOLUTION 2011-112 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AN UPDATED POLICY FOR THE REVIEW AND APPROVAL OF EASEMENTS ON CITY NATURAL AREAS AND CONSERVED LANDS WHEREAS, the City has acquired and designated natural areas and open space properties for the benefit of the citizens of the City, using multiple local, County and State funding sources intended for the conservation of natural areas and open lands; and WHEREAS, the City is responsible for managing its natural areas and other conserved lands in a manner that protects the natural features and functions for which those properties were acquired; and WHEREAS, the City from time to time receives requests for easements and other encroachments on City natural areas and other conserved properties, which requests are typically reviewed by City Natural Areas Program staff, the Land Conservation and Stewardship Board, and such other interested City staff or advisory boards or commissions as may be appropriate given the specific circumstances; and WHEREAS, after staff and advisory board review, easement requests are then presented to the City Council for approval pursuant to City Code Section 23-111; and WHEREAS, in July 2011, the City Council adopted Resolution 2001-094, establishing a policy for review and approval of easements on City natural areas and open lands, in an effort to document a standardized method of processing and evaluating such requests for easements and encroachments; and WHEREAS, as the City has acquired more natural areas and other conserved properties, and as development pressure in the Fort Collins area has continued to increase, the number and frequency of requests for such easements and encroachments has steadily increased, and will likely continue to increase; and WHEREAS, based on the City’s growing experience with the management and review of easements on City property, and particularly on natural areas and conserved lands, staff has developed an updated policy outlining the various requirements, considerations and standards that will serve as a guideline in the future processing of easement requests, which policy is attached hereto as Exhibit “A” and incorporated herein by this reference (the “Easement Policy”); and WHEREAS, at its work session on November 30, 2011, the City Council reviewed a draft of the Policy; and WHEREAS, the Land Conservation and Stewardship Board discussed and reviewed a draft of the Policy at its regular meetings on December 14, 2011, and voted to recommend that the City Council approve the Easement Policy; and WHEREAS, in light of the comments received by staff from the Land Conservation and Stewardship Board and from the City Council, staff has refined and added language to the Easement Policy to clarify and describe expectations regarding certain items, including the addition of a requirement for a public meeting to be conducted by the party requesting an easement, language regarding easements related to oil and gas and minerals exploration, and other various items; and WHEREAS, the City Council believes that the adoption and implementation of the Easement Policy will provide clear guidelines for City staff and for persons seeking to acquire easements on City natural area or other conserved property, and will assist with the protection of those properties and facilitate the effective and efficient processing of requested easements and encumbrances; and WHEREAS, for the foregoing reasons, the City Council wishes to approve the Easement Policy. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby approves and adopts the Easement Policy. Section 2. That the City Council hereby directs the City Manager to receive, review and present for City Council consideration as appropriate in accordance with the Easement Policy, requests for easements on City properties acquired with funds dedicated to the acquisition of natural areas and other conserved property, properties otherwise managed and operated by the City for natural areas purposes, and properties on which the City has acquired a conservation easement. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of December A.D. 2011. Mayor ATTEST: City Clerk 1 EXHIBIT A CITY OF FORT COLLINS NATURAL AREAS AND CONSERVED LANDS EASEMENT POLICY Adopted December 20, 2011 PURPOSE: The purpose of the policy statement is to clarify the policies and procedures of the City of Fort Collins (“City”) with respect to requests for easements or rights-of-way that affect publicly owned Natural Areas or other lands that are managed by the Natural Resources Department; lands owned in part by the Natural Resources Department; and private lands with Conservation Easements held by the Natural Resources Department. The policy does not apply to requests for easements or rights-of-way on or across other lands owned by the City. APPLICABILITY: The policy applies to requests for new easements or rights-of-way and to projects within existing easements, as appropriate, which provide for a wide variety of purposes, including without limitation, streets, water, sewer, drainage, flood control, electric power, wind generation, solar generation, pipelines, oil and gas and minerals exploration, and telecommunications facilities. The policy applies to projects of the City as well as those proposed by other public entities, such as special Utility Districts, and private parties. The policy does not apply to trails, parking lots, interpretive features or other facilities that are proposed as part of the management of public natural areas. GENERAL POLICY: Most of the natural areas and other conserved lands addressed by these policies were acquired by the City with dedicated funds from sales taxes that were approved by the voters of Fort Collins or Larimer County for the specific purpose of protecting natural areas and conserved lands. These lands are part of the fabric of the Fort Collins community, and are viewed as a type of “community facility” intended to meet specific community goals. For natural areas, the goal is to “preserve and protect natural areas within Fort Collins and the Community Growth Management Area to provide habitat essential to the conservation of plants, animals, and their associated ecosystems and to enrich the lives of citizens by providing opportunities for education, scientific research, nature interpretation, art, fishing, wildlife observation, hiking and other activities.” For other types of conserved lands, e.g., agricultural areas, lands are protected to shape the physical structure of the community: These lands “provide the community with a well-defined edge, establish community separators, direct growth, and preserve rural character.” Requests for easements or rights-of-way that affect natural areas or other conserved lands must be considered within this context. Accordingly, the general policy is to avoid, to the maximum extent feasible, granting easements or rights-of-way for activities that will adversely affect the 2 use of the land for meeting the community’s goals for natural area protection or community shaping. Where easements or rights-of-way are authorized by ordinance of the City Council, the general policy is to minimize the impact on the natural area or the community, to the maximum extent feasible, by limiting the size and visibility of the area affected, managing construction or other human activities with respect to their timing, duration, and frequency of occurrence, and restoring affected areas to a condition that is equal to or better than the condition at the time the easement is granted. Because the natural areas and other conserved lands owned by the City are in many instances within an urban context, it is recognized that easements and rights-of-way may be necessary to allow for the orderly development of the community in accordance with the adopted Plan Fort Collins (2011). Individual easement requests will be evaluated in accordance with both the general policy and with the specific policies listed in following sections. In addition, many properties owned by the City were subject to easements and rights-of-way granted by prior owners at the time the City acquired them. The City will take advantage of any opportunities to establish terms and conditions or specific project plans consistent with the terms of this Policy in connection with any such prior In connection with any work anticipated to take place within an existing easement, the City will establish a mutually agreed plan for notification and consultation regarding the work. The City will negotiate with the easement holder to establish a process for advance coordination, scheduling and planning for avoidance of impacts and mitigation, if necessary. SPECIFIC TYPES OF FACILITIES: Public Streets. New public highways, roads, or streets will not be allowed within City-owned natural areas or conserved lands, except for those specifically identified in the adopted City Master Street Plan or comparable Master Transportation Plan adopted by the appropriate governing body in cases where the natural area or conserved land is located outside of the city limits of Fort Collins. Widening or other street improvement projects on existing streets within natural areas or conserved lands will be allowed, consistent with the City Master Street Plan or comparable adopted Master Transportation Plan. The City will work to influence the alignment and design of any highway, road, or street improvement so as to avoid or minimize the effect on the natural area or conserved land. Private Streets or Other Private Access. Requests by private parties for private streets or access easements to cross natural areas or conserved lands in order to gain access to a private parcel of land will not be considered unless crossing the City’s property is the only feasible means of providing access to a legal parcel of land, or unless determined to be beneficial for the Natural Areas Program in the specific circumstances. Overhead Electric Power, Telephone, or Cable Lines. New overhead cable lines will not be allowed within any City-owned natural area or conserved land, unless determined to be beneficial for the Natural Areas Program in the specific circumstances. Replacement of existing overhead cables with underground cables will be encouraged unless the installation of 3 underground lines will result in adverse impact to the natural area that is inconsistent with these policies. Use of the latest technology reasonably available will also be encouraged. Any change in above ground features (number of poles, pole height, number of wires, etc) within easements granted by the City or granted prior to City ownership of the land (to the extent there is an opportunity to negotiate or impose new conditions) will require review and approval by the City. Aboveground Structures. New buildings or other structures, including without limitation, towers, transmitters, receiving stations, tanks, substations, or billboards, other than those of the City, will not be allowed on City-owned natural areas or conserved lands. The City will seek and take advantage of opportunities to require or negotiate for the undergrounding, avoidance or removal of above-ground structures associated with existing infrastructure. Underground Utility Cables or Pipelines. Consistent with standard practice within Fort Collins, underground utility cables (e.g., electric, telephone, fiber optic, etc.) and pipelines (e.g., gas, water, sewer) will be located within the street and utility right-of-way adjacent to the natural area or conserved land. In instances where the existing right-of-way does not conform to the planned future street right-of-way as depicted on the applicable adopted Master Transportation Plan, cable or pipeline easements will be located parallel to the existing roadway and within the area encompassed by the future street and utility right-of-way. Some larger utility transmission cables or pipelines are not typically placed beneath streets due to reliability or safety concerns. In instances where the cable or pipeline cannot safely be placed within the road right-of-way, it will be located as close as practicable, and parallel to the road right-of-way. Above-ground features associated with buried utility cables and pipelines will not be allowed on City property unless required by applicable technical standards for public safety and utility marking or other applicable legal or regulatory requirements. The location, color and height of any such above-ground features must be approved by the City. The City will seek and take advantage of opportunities to require or negotiate for the undergrounding, avoidance or removal of above-ground structures associated with existing infrastructure. Drainage Facilities for Private Development. Drainage facilities that serve new development (such as detention, retention, or water quality ponds) shall be located on private land within the development and not on City-owned natural areas or conserved land. Easements for conveyance facilities will be considered on a case-by-case basis when the City-owned land is located between the private parcel and the historic receiving channel or stream. The design of the new flow conveyance must utilize existing drainages to the maximum extent feasible and must blend into the surrounding terrain; must not impact the existing geomorphic character of the drainage; and must enhance the natural habitat features and character of the site. Requests will not be granted for easements by private entities to construct flood control or drainage structures on natural areas or conserved lands to create developable land by removing it from the floodplain, unless determined to be beneficial for the Natural Areas Program in the 4 specific circumstances. Requests will be considered on a case by case basis for construction of flood control measures to address existing flood hazards that threaten public health or safety; in these cases, use of the natural area or conserved land must be the only reasonable alternative to address the flood hazard and the structure or measure must be designed to minimize the impact to the natural area. Public Flood Control and Drainage Facilities. The City’s Natural Areas, Storm Drainage, and Water Quality programs have a strong record of collaboration in the joint acquisition of land and in the design of projects that meet multiple community needs. To the maximum extent feasible, planning for storm drainage, water quality and natural areas and land conservation acquisitions shall continue to be coordinated so that lands needed for all of these uses are purchased jointly. Innovative approaches shall continue to be used so that flood control and water quality facilities are designed, constructed, and managed to maintain or enhance natural area protection values while meeting flood control, stream stability, and water quality needs. Easements or rights-of- way for flood control structures or facilities will be considered on natural area or conserved land when the facility is part of the implementation of an adopted basin-wide master plan (e.g., Canal Importation Master Drainageway Plan, Poudre River Master Drainageway Plan). Oil and Gas and Minerals Exploration. In connection with the exploration of oil and gas and minerals resources, access, pipeline, and other types of easements may be requested. Such requests, will not be considered unless crossing the City’s land is the only feasible means of providing access to the location on which the oil and gas or minerals exploration will occur, or unless determined to be beneficial for the Natural Areas Program in the specific circumstances. Any easement for this type of activity will incorporate, to the extent applicable, the most current Best Management Practices requirements developed for use in connection with oil and gas exploration activities. Conservation Easements. The owners of private property protected by a conservation easement held by the City’s Natural Areas program may receive requests for easements across their property for roads, utilities and other uses. Notice to the City of the easement request is generally required in the applicable conservation easement, and property owners should notify the Natural Areas Program of any such requests. Staff will consult with the property owner to evaluate such requests on a case-by-case basis, taking into account the terms of the conservation easement, the conservation values of the property, and this Policy, to the extent permissible. In order to complete the appropriate review of any such requested easement, the City will obtain information regarding the nature, scope, design, location, timetable and other material aspects of the proposed activity, and evaluate the proposed activity to determine if it is permissible under, and consistent with, the applicable conservation easement and the conservation values of the property. The City’s Natural Area Program owns lands protected with conservation easements held by other entities. Once the City receives a request for an easement across these properties, the City will notify the owner of the conservation easement. Staff will then work with the conservation easement owner to evaluate such requests on a case-by-case basis, taking into account the terms of the conservation easement, the conservation values of the property, and this Policy, to the extent permissible. 5 ALTERNATIVES ANALYSIS: In general, a right of way or easement across a City-owned natural area or conserved land will only be approved if it is the only reasonable alternative, considering environmental impacts, impacts to the recreation uses of the natural area by the community, financial costs, engineering feasibility, public health and safety and other appropriate factors. Applications for easements or rights-of-way must identify and evaluate the environmental impact, engineering feasibility, and the cost of alternatives that do not affect the city-owned natural area or conserved land. Depending on the type of proposal, alternatives will need to consider both alternative locations for the facility as well as alternative designs. The number of potential alternatives to be considered will depend on the location and nature of the proposal, but must be sufficient to allow City staff, the Land Conservation and Stewardship Board, and City Council to evaluate the cost and environmental impact of the available alternatives for meeting the intent of the proposal. Applicants should expect to provide information on the available alternatives at a level of detail to allow independent review of the conclusions by City staff or outside consultants retained by the City to assess the easement request. LAND USE CONSISTENCY: Applicants for rights of way and easements must demonstrate that any development to be served by the proposal is consistent with the Plan Fort Collins, the City’s Comprehensive Plan. Where the purpose of the easement is to provide utility services to areas outside the land use jurisdiction of the City, the applicant must demonstrate consistency with the adopted comprehensive plan of the governing jurisdiction, and with any applicable growth management policies of the City. Applications for easements that facilitate development or growth that is contrary to the policies of the City will not be approved. MASTER PLAN CONSISTENCY: As a condition of approval, the applicant must demonstrate that the requested easement or right- of-way is consistent with the adopted utility master plan or service plan for the area where the easement is requested. The applicant must demonstrate that the proposed project is located and designed appropriately to meet the future needs of the service area based on the adopted land use plans and/or zoning in the area served. This requirement is intended to encourage thorough planning, coordination among property owners, and to avoid multiple requests for easements or premature expansion or modification of the facility before the end of its normal service life. COORDINATION WITH OTHER ENTITIES: Generally, the City will not grant exclusive easements. As a condition of approval, the applicant must contact other utility service providers in the project vicinity to determine if they have current or future plans for additional facilities in the area. To the extent feasible, the planning, design, and construction of facilities shall be coordinated among utility providers to conserve easement corridors and to avoid repeated construction activities that may affect the natural area or conserved land. Applicants must provide copies of written requests for utility coordination and the responses received from other service providers. COMPLIANCE WITH EXISTING EASEMENTS: Applicants must demonstrate compliance with the requirements of prior easements on land subject to this Policy or other City property. Requests for new or additional easements will not 6 be considered if the applicant has not met the requirements of existing easement agreements and has failed to make diligent efforts to correct the situation after notification by the City. RESOURCE PROTECTION STANDARDS: As a condition of approval of any easement or right-of-way, the City will impose appropriate measures to assure adequate resource protection for the natural area or conserved land. These measures will be determined based on the characteristics of the proposal and the affected land, but may include, without limitation: field investigations to determine the presence of sensitive plants and wildlife; siting requirements to minimize the effect on natural resources; seasonal timing restrictions to avoid impacts to wildlife or sensitive habitat during critical periods of the year; access restrictions to control times and locations of access to the easement; construction management measures to ensure that activities are restricted to designated areas, to control erosion, to limit noise, or other impacts; restoration requirements to ensure the timely regrading and revegetation of disturbed areas to a condition consistent with the future management of the area; mitigation measures to replace resource values lost to the community as a result of the project; and requirements to minimize the impact to the natural area of ongoing operation and maintenance of the facility. The City Manager or his or her designee shall develop and maintain a general list of resource protection standards that are applicable to natural areas and conserved lands. This list, which is now maintained by the Natural Areas Program, may be modified from time to time based on the experience gained in managing easements, developing knowledge about the resource values of the City’s natural areas and conserved lands, and improved knowledge related to best management practices needed to protect the natural values of the City’s properties and to reflect specific circumstances or concerns in connection with a particular easement or project. COMPENSATION AND MITIGATION: As a condition of approval of any easement or right of way, the City will require cash compensation for the value of the permanent and temporary easements and for the administrative costs of processing and managing the easement, except where there is offsetting value and benefit to the Natural Areas Program. In addition, the City will require compensation for the loss of ecological service values, recreation values, and other intrinsic values of the property. Compensation for the value of the land and for damages will be based on fair market value as determined by accepted appraisal techniques. Compensation for loss in ecological services and recreation use will be based on values reported in appropriate professional and technical publications. Compensation for losses in ecological services and recreation use may be negotiated to be paid in cash or through the completion of appropriate mitigation measures. Additional fees assessed for other costs associated with processing the easement request and approval process, overseeing construction activities, and managing the easement following construction will be based on the estimated actual costs of the service provided. In general, compensation and fees will be administered so as to result in a net benefit to the Natural Areas Program. PUBLIC INFORMATION AND REVIEW PROCESS: In addition to the formal advisory board and City Council review procedures described below, the applicant requesting an easement on City-owned natural area or conserved land will be required to arrange for a public meeting at which information regarding the proposed easement 7 and related project will be provided, and at which questions regarding the easement and related project will be taken. The applicant shall be responsible for ensuring that responses are provided to questions asked at the meeting to the extent practicable, and that questions and responses and any input received at the meeting are documented and provided to City staff. The applicant shall be responsible for providing timely and meaningful notice to the general public in advance of any such public meeting. ADVISORY BOARD AND COUNCIL REVIEW: Granting an easement or right-of-way conveys a property right, and must be approved by the City Council by ordinance. The Land Conservation and Stewardship Board will also review the easement proposal and make a recommendation in its advisory role to the City Council. City staff will be responsible for working with the applicant on the application process, reviewing and evaluating the application, and making a recommendation to both the Land Conservation and Stewardship Board and the City Council. If an easement is granted by the City Council, staff will be responsible for overseeing and managing the easement and ensuring that the conditions of the grant are met. APPLICATION REQUIREMENTS AND REVIEW PROCESS: In addition to this Policy, the City Manager or his designee will establish procedures for reviewing applications for easements and rights–of-way that affect City-owned natural areas and conserved lands. These procedures shall establish the fees, necessary steps and information requirements for the timely consideration of requests for easements or rights-of-way. The City Manager or his or her designee will ensure that easement requests are presented to City Council for decision in a timely manner. TOTAL $4,431 The $4,431 would be assessed in addition to the $48,531 that was originally charged for a total of $52,962.