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Division 3.4, Environmental, Natural, and Cultural Standards Section 3.4.3
be designed so that precipitation runoff flowing from the site is treated in accordance
with the criteria set forth in the Storm Drainage Design Criteria and Construction
Standards. Treatment measures may include, but shall not be limited to:
minimization of impervious surfaces
runoff spreaders
infiltration devicesextended detention
constructed wetlands
sand filters
water quality inlets
3.4.4 Noise and Vibration
The proposed land uses and activities shall be conducted so that any noise generated on
the property will not exceed the maximum noise levels as specified in the city's Noise
Control Ordinance (Chapter 20, Article 2 of the City Code), and so that any vibration
created by the use of the property will be imperceptible without instruments at any point
along the property line. Noise generated by emergency vehicles and airplanes shall be
exempted from the requirements of this provision.
3.4.5 Hazardous Materials
(A) Purpose. The purpose of this Section is to protect the community and J
neighborhood from potential harm caused directly or indirectly by
hazardous materials. The proper location, construction and processing of
hazardous materials facilities are important to controlling community
risk. If the type and magnitude of hazardous materials emergencies can
be predicted, the potential impact on adjacent land uses, emergency
providers and the environment can be minimized.
(B) General Standard If any use on the development site may entail the use
or storage of hazardous materials (including hazardous wastes) on -site,
the project shall be designed to comply with all safety, fire and building
codes for the use and storage of the hazardous materials involved.
Adequate precautions shall be taken to protect against negative off -site
impacts of a hazardous materials release, using the best available
technology.
Article 3, Page 68
Supp. 1
Division 3.4, Environmental, Natural, and Cultural Standards Section 3.4.1(L)
(L) Standards for Protection During Construction.
(1) Designation. LODs and natural area buffer zones as approved by
the Director shall be shown on the final plan for development.
LODs and natural area buffer zones shall be designated in the
field prior to commencement of excavation, grading or
construction with fencing or other methods approved by the
Director.
(2) Barrier Fencing. Construction barrier fencing shall be provided
at the limits of development during construction. For the
protection of trees and clumps of trees to be preserved within a
natural area buffer zone that is to be disturbed, tree protection
specifications as described in subsection 3.2.1(G)(1) and (3)
through (7) shall be followed.
(M) Proof of Compliance.
(1) If a proposed development will disturb an existing wetland, the
developer shall provide to the city a written statement from the
U.S. Army Corps of Engineers that the development plan fully
complies with all applicable federal wetland regulations as
established in the federal Clean Water Act.
(2) The developer shall also provide to the city written statements
from such other governmental agencies having jurisdiction, and
which have been identified in writing by the Director, that the
development plan fully complies with all applicable state
(including county) and federal environmental regulations. Such
written statements shall be provided to the Director prior to the
scheduling of the hearing for the project development plan.
3.4.2 Air Quality
The project shall conform to all applicable local, state and federal air quality regulations
and standards, including, but not limited to those regulating odor, dust, fumes or gases
which are noxious, toxic or corrosive, and suspended solid or liquid particles.
3.4.3 Water Quality
The development shall comply with all applicable local, state and federal water quality
standards, including, but not limited to, those regulating erosion and sedimentation,
storm drainage and runoff control, solid wastes, and hazardous substances. Projects shall
Article 3, Page 67
Supp. l
Division 3.4, Environmental, Natural, and Cultural Standards Section 3.4.](1)
Stormwater Utility for design and construction and shall, to the maximum
extent feasible, utilize nonstructural control techniques, including but not
limited to:
(1) limitation of land disturbance and grading;
(2) maintenance of vegetated buffers and natural vegetation;
(3) minimization of impervious surfaces;
(4) use of terraces, contoured landscapes, runoff spreaders, grass or
rock -lined waterways;
(5) use of infiltration devices;
(6) use of recharge basins, seepage pits, dry wells, seepage beds or
ditches, porous pavement or Dutch drains.
(J) Water Rights. To the extent that a development plan proposes the
creation of water features such lakes, ponds, streams or wetlands, the plan
must include clear and convincing evidence that such water features will
be supplied with sufficient water whether by natural means or by the
provision of sufficient appropriative water rights. No development plan
shall be approved which would have the effect of injuring or diminishing
any legally established water supply for any natural area.
(K) Access to Natural Areas. In the event that the development plan contains
or abuts a publicly owned natural area, the development plan shall
include such easements and rights -of -way as are necessary to allow
reasonable access for the public to such natural area, unless such access
is deemed by the Director to be unnecessary and undesirable for the
proper public utilization of the natural area. Any such access requirement
or dedication shall be credited (based upon a fair market value analysis)
against any open space dedication or fee -in -lieu thereof required by the
city. If the development site contains any privately owned natural area,
any access provided to such area, whether for private or public use, shall
be designed and managed in such manner as to minimize the disturbance
of existing wildlife using such area.
Article 3, Page 66
Supp. I
Division 3.4, Environmental, Natural, and Cultural Standards
Section 3.4.1(F)
(2) Streambank Stabilization. When the Stormwater Master Plans
and the Storm Drainage Design Criteria and Construction
Standards of the city require streambank stabilization, native
vegetation shall be utilized for such purpose, and engineered
stabilization techniques such as exposed rip rap shall be avoided,
to the maximum extent feasible. The use of native vegetation
shall be the principal means of streambank stabilization, and the
use of rip -rap for streambank stabilization shall be restricted to
locations where the use of vegetation techniques is not reasonably
feasible.
(G) Ridgeline Protection.
(1) Ridgeline Setback. So that structures blend more naturally into
the landscape, rather than being a prominent focal point, no
development shall intrude into any ridgeline protection area
identified and designated by the Director during the development
review process in conjunction with the establishment of the LOD
and the natural area's buffer zone. For the purposes of this
subsection, a designated ridgeline protection area shall include the
crest of any hill or slope so designated, plus the land located
within one hundred (100) horizontal feet (plan view) on either
side of the crest of the hill or slope.
(2) Building Height and Profile. Multi -level buildings shall follow
the general slope of the site in order to keep the building height
and profile in scale with surrounding natural features.
(H) Design and Aesthetics. Projects in the vicinity of large natural areas
and/or natural area corridors, including, but not limited to, the Poudre
River Corridor and the Spring Creek Corridor, shall be designed to
complement the visual context of the natural area. Techniques such as
architectural design, site design, the use of native landscaping and choice
of colors and building materials shall be utilized in such manner that
scenic views across or through the site are protected, and manmade
facilities are screened from off -site observers and blend with the natural
visual character of the area.
(I) Stormwater Drainage/Erosion Control. All stormwater drainage and
erosion control plans shall meet the standards adopted by the city
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Article 3, Page 65
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Division 3.4, Environmental, Natural, and Cultural Standards
Section 3.4.1(F)
natural area or in the adjacent natural area buffer zone which is of )
importance to the use or survival of any such species shall not be
disturbed or diminished and, to the maximum extent feasible,
such habitat shall be enhanced.
(4) Connections. If the development site contains existing natural
areas that connect to other off -site natural areas, to the maximum
extent feasible the development plan shall preserve such natural
area connections. If natural areas lie adjacent to (meaning in the
region immediately round about) the development site, but such
natural areas are not presently connected across the development
site, then the development plan shall, to the extent reasonably
feasible, provide such connection. Such connections shall be
designed and constructed to allow for the continuance of existing
wildlife movement between natural areas and to enhance the
opportunity for the establishment of new connections between
natural areas for the movement of wildlife.
(5) Wildlife Conflicts. If wildlife that may create conflicts for the
future occupants of the development (including, but not limited
to, prairie dogs, beaver, deer and rattlesnakes) are known to exist
in areas adjacent to or on the development site, then the
development plan must, to the extent reasonably feasible, include
provisions such as barriers, protection mechanisms for
landscaping and other site features to minimize conflicts that
might otherwise exist between such wildlife and the developed
portion of the site.
(F) Lakes/Riparian Area Protection.
(1) Lakes, Reservoirs and Ponds. If the development site contains a
lake, reservoir or pond, the development plan shall include such
enhancements and restoration as are necessary to provide
reasonable wildlife habitat and improve aesthetic quality in areas
of shoreline transition and areas subject to wave erosion. The
development plan shall also include a design that requires
uniform and ecologically and aesthetically compatible treatment
among the lots or tracts surrounding a lake, reservoir or pond with
regard to the establishment of erosion control protection and
shoreline landscaping on or adjacent to such lots or tracts. Water
bodies and features such as reflecting pools and lagoons
constructed as new landscaping features of a development project
shall be exempt from the standards contained in this
subparagraph. _
Article 3, Page 64
Supp. I
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Division 3.4, Environmental, Natural, and Cultural Standards
Section 3.4.1(D)
(c) The Director may allow disturbance or construction
activity within the natural area buffer zone for the
following limited purposes:
1. mitigation of development activities;
2. restoration of previously disturbed or degraded
areas;
3. emergency public safety activities and utility
installations when such activities and installations
cannot reasonably be contained within the LOD or
other nearby areas of development;
4. construction of a trail or pedestrian walkway that
will provide public access for educational or
recreational purposes when such trail or walkway
cannot reasonably be contained within the LOD or
other nearby areas of development.
(E) Protection of Wildlife Habitat and Ecological Character.
(1) Construction Timing. Construction shall be organized and timed
to minimize disturbance of Sensitive or Specially Valued Species
occupying or using on -site and adjacent natural areas.
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(2) Prairie Dog Removal. Before the commencement of construction
on the development site, any prairie dogs inhabiting portions of
the site within the limits of development shall be relocated or
humanely eradicated by the developer by city approved methods
as set forth in Chapter 4 of the City Code, and when applicable,
as reviewed and approved by the Colorado Division of Wildlife.
(3) Sensitive or Specially Valued Species. If the development site
contains or is within five hundred (500) feet of a natural area, and
the ecological characterization report required pursuant to
subsection (C)(3) above shows the existence in such natural area
of a plant or wildlife species identified by the city as a Sensitive
or Specially Valued Species, or by state or federal agencies as
"threatened" or "endangered," then the development plan shall
include provisions to ensure that any habitat contained in any
such
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Article 3, Page 63
Division 3.4, Environmental, Natural, and Cultural Standards
Ig
Section 3.4.1(D)
3. emergency public safety activities and utility )
installations when such activities and installations
cannot reasonably be contained within the LOD or
other nearby developed areas;
4. construction of a trail or pedestrian walkway that
will provide public access for educational or
recreational purposes when such trails or
walkways cannot reasonably be contained within
the LOD or other nearby developed areas;
5. the enhancement of the habitat values and/or other
natural resource values of a natural area.
(2) Natural Area Buffer Zone.
(a) No disturbance shall occur within any natural area's buffer
zone and no person shall engage in any activity that will
disturb, remove, fill, dredge, clear, destroy or alter any
area, including vegetation within natural areas including
without limitation lakes, ponds, stream corridors and
wetlands, except as provided in subsection (c) below.
(b) If the development causes any disturbance within the
natural area buffer zone, whether by approval of the
Director or otherwise, the applicant shall undertake
restoration and mitigation measures within the natural
area buffer zone such as regrading and/or the replanting
of native vegetation. The applicant shall undertake
mitigation measures to restore any damaged or lost
natural resource either on or off site at the discretion of
the Director. Any such mitigation or restoration shall be
roughly equivalent to the loss suffered by the community
because of the disturbance, and shall be based on such
mitigation and restoration plans and reports as have been
requested, reviewed and approved by the Director. Unless
otherwise authorized by the Director, if existing
vegetation (whether native or non-native) is destroyed or
disturbed, such vegetation shall be replaced with native
vegetation and landscaping.
Article 3, Page 62
Supp. 1
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Division 3.4, Environmental, Natural, and Cultural Standards
Section 3.4.1(C)
(d) the pattern, species and location of any significant native
trees and other native site vegetation;
(e) the bank, shoreline and high water mark of any perennial
stream or body of water on the site;
(f) areas inhabited by or frequently utilized by Sensitive and
Specially Valued Species;
(g) special Habitat Features;
(h) wildlife movement corridors; and
(i) the general ecological functions provided by the site and
its features.
(D) Development Standards and Guidelines.
(1)r(a)
mits of Development. qv '; O1
No construction tivity, including, without limitation,
grading, excava 'on or stockpiling of fill material shall be
permitted vAtiim the limits of development, whether to
provide for a building site, on -site utilities or services, or
for any roads or driveways prior to the approval by the
Stormwater Utility of the erosion and sedimentation
control plan for the development.
(b) To the maximum extent feasible, no development, grading
or vegetation removal or alteration shall occur as a part of
the development project or associated construction
activity outside the LOD except as provided in subsection
(c) below.
(c) The Director may allow disturbance or construction
activity outside the LOD for the following limited
purposes:
mitigation of development activities;
2. restoration of previously disturbed or degraded
areas;
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Article 3, Page 61
Division 3.4, Environmental, Natural, and Cultural Standards
Section 3.4.1(C)
included on the Natural Areas Inventory map; key areas
for rare, migrant or resident butterflies as identified in the
NAPP; areas of high terrestrial or aquatic insect diversity
as identified in the NAPP; remnant native prairie habitat;
mixed foothill shrubland; foothill ponderosa pine forest;
plains cottonwood riparian woodlands; and any wetland
greater than one -quarter ('/) acre in size.
(g) the character of the proposed development in terms of use,
density, traffic generation, quality of runoff water, noise,
lighting and similar potential development impacts.
(h) site topography, including but not limited to such
characteristics as steepness of slopes, existing drainage
features, rock outcroppings, river and stream terraces,
valley walls, ridgelines and scenic topographic features.
(3) Ecological Characterization. If the development site contains or
is within five hundred (500) feet of a natural area, or if it is
determined by the Director, upon information or from inspection,
that the site likely includes areas with wildlife, plant life and/or
other natural characteristics in need of protection, and if the city
does not then possess the information required by this subsection
to establish the LOD or the natural area buffer zone or to apply
review standards set forth below, then the developer shall provide
to the city a report prepared by a professional qualified in the
areas of ecology, wildlife biology or other relevant discipline that
describes, without limitation, the following:
(a) the wildlife use of the natural area showing the species of
wildlife using the area, the times or seasons that the area
is used by those species and the "value" (meaning
feeding, watering, cover, nesting, roosting, perching) that
the area provides for such wildlife species;
(b) the boundary of wetlands in the area, as determined in
establishing the LOD, and a description of the ecological
functions and characteristics provided by those wetlands;
(c) any prominent views from or across the site;
Article 3, Page 60
SupP. I
Division 3.4, Environmental, Natural, and Cultural Standards
Section 3.4.1(C)
(2) Establishment of Natural Area Buffer Zones. The natural area
buffer zone shall range from one hundred (100) feet to three
hundred 300 feet from any identified natural area. No
rna
opment shall occur in the natural area buffer zone except for
rposes and under the circumstances set forth in this Section;
ded however, that when justified by ecological data and/or
s, or when there exists the potential for a substantial adverse
t to Sensitive or Specially Valued Species, or when strict
cation of this subsection will impose an exceptional and
e hardship upon the property owner or developer, the
tor may increase or decrease the buffer zone requirement as
nably appropriate under such circumstances. In establishing
atural area buffer zone(s), which may be multiple and
ntiguous on a site, the Director shall consider and apply the
ing criteria:
the foreseeable impacts of development on the wildlife
usage or ecological character or function of the natural
area.
(b) the ecological and wildlife use characterization of the
natural area.
(c) the existence of wildlife movement corridors.
(d) the extent of floodplains and floodways.
(e) the type, amount and extent of existing vegetation on the
site.
(f) the existence of special habitat features such as key raptor
habitat features, including nest sites, night roosts and key
feeding areas as identified by the Colorado Division of
Wildlife or in the Fort Collins Natural Areas Policy Plan
(NAPP); key production areas, wintering areas and
migratory feeding areas for waterfowl; key use areas for
wading birds and shorebirds; key use areas for migrant
songbirds; key nesting areas for grassland birds; fox and
coyote dens; mule deer winter concentration areas as
identified by the Colorado Division of Wildlife or NAPP;
prairie dog colonies over fifty (50) acres in size as
Article 3, Page 59
Supp. I
Division 3.4, Environmental, Natural, and Cultural Standards Section 3.4.1(C)
(c) Yetablisaccount:
1. visual impacts, including but not limited to
ridgeline protection areas and protection of scenic
views.
2. erosion prevention and control, including but not
limited to protection of natural drainage channels
and compliance with an approved stormwater
drainage management plan.
3. preservation of significant native trees and other
native site vegetation, including protection of
natural area buffers zones.
4. conservation of water, including but not limited to
preservation of existing native vegetation,
reduction in amounts of irrigated areas and similar
considerations.
5. stream corridor and wetland protection and
buffering.
6. site topography, including but not limited to such
characteristics as steepness of slopes, existing
drainage features, rock outcroppings, river and
stream terraces, valley walls, ridgelines and scenic
topographic features.
7. floodplains and floodways.
8. wildlife movement corridors.
9. natural area buffer zones as delineated below.
10. the practical needs of approved construction
activity in terms of ingress and egress to the
developed project and necessary staging and
operational areas.
Article 3, Page 58
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Supp. 1
Division 3.4, Environmental, Natural, and Cultural Standards
Section 3.4.1(C)
shall be contained. In establishing the LOD, which may be
multiple and noncontiguous on a site, the Director shall consider
and apply the following criteria:
(a) If any portion of the development site is identified as a
natural area or feature on the city's Natural Areas
Inventory Map, the ecological and wildlife use
characterization of such identified areas shall be taken
into account and protected through the establishment of
the LOD. (The boundary of any natural area shown on
the Natural Areas Inventory Map is only approximate.
T he actual boundary of any natural area to be shown on a
project development plan shall be proposed by the
applicant, and established by the Director through site
evaluations and reconnaissance, and shall be based on the
ecological characterization of the natural
_conjunction with the map. j The Director may also require
to be shown as natural areas on the project development
plan, any areas not currently included on the Natural
Areas Inventory Map, but possessing such characteristics
(e.g., wetlands, riparian areas or foothills forest) as would
have supported their inclusion on the Natural Areas
Inventory Map, if such areas are discovered during site
evaluation and/or reconnaissance associated with the
development review process.
(b) In establishing the boundaries of a wetland, the applicant
and the Director shall use soil samples, ecological
characterization and hydrological evidence, to the extent
that such are in existence, and/or are requested of and
provided by the applicant. The Director may also utilize
the standards and guidelines and/or the professional
recommendations of the U.S. Army Corps of Engineers,
the U.S. Fish and Wildlife Service and/or the Colorado
Division of Wildlife in establishing such boundaries. In
no instance shall the boundary of a wetland be defined as
less inclusive than that which would be included in the
wetland according to the standards and guidelines in use
by the U. S. Army Corps of Engineers at the time of
development review.
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Article 3. Page 57
Supp. 1
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Division 3.4, Environmental, Natural, and Cultural Standards
Section 3.4.1
DIVISION 3.4 ENVIRONMENTAL, NATURAL AREA, RECREATIONAL AND CULTURAL
RESOURCE PROTECTION STANDARDS
Sections:
3.4.1
Natural Areas and Features
3.4.2
Air Quality
3.4.3
Water Quality
3.4.4
Noise and Vibration
3.4.5
Hazardous Materials
3.4.6
Glare or Heat
3.4.7
Historic and Cultural Resources
3.4.8
Parks and Trails
3.4.1 Natural Areas and Features
(A) Purpose. The purpose of this Section is to ensure that when property is
developed consistent with its zoning designation, the way in which the
proposed physical elements of the development plan are designed and
arranged on the site will protect the natural areas and features both on the
site and in the vicinity of the site.
(13) General Standard. To the maximum extent feasible, the development
plan shall be designed and arranged to ensure that no disturbance shall
occur to any natural area as a result of the development, and that impacts
and disturbance to natural areas and the plants and wildlife inhabiting
those areas shall be minimized through the use of natural area buffer
zones. If any development generates a disturbance to a natural area or to
a natural feature located in a natural area, the development project shall
restore to the community such lost natural resource either on or off the
site. Any such restoration or replacement shall be roughly equivalent to
the loss suffered by the community because of the disturbance. j
(C) Establishment of Limits of Development and Natural Area Buffer
Zone& For every development subject to this Division, the applicant
shall propose, and the Director shall establish on the project development
plan, a "limits of development" ("LOD") line(s) and a natural area buffer
zone(s) according to the criteria set forth below.
(1) Establishment of Limits of Development. The LOD shall indicate
the specific area(s) of a site within which the developed project
may be constructed and within which the development activity
Article 3, Page 56
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Supp. I
F.
Commu. f Planning and Environmental,
Natural Resources Department
City of Fort Collins
MEMORANDUM
DATE: March 3, 1998
TO: Mike Ludwig, Planner
FROM: Rob Wilkinson, Senior Environmental Planner A4"
RE: City Code sections to the wetland question on South Mason
vices
.�}• tecYded Paper
Attached is a copy of the relevant section of Article 3, Division 3.4.1 of the Fort Collins Land Use
Code. I have outlined potentially applicable sections in red and placed a star in the margin by
sections most applicable.
Since not allowing disturbance or the filling of the wetland would perhaps overly restrict the use
of your property, I am directing you to the consideration of the following sections related to the
mitigation of wetland disturbance: 3.4.1 B, C (1) (a, b), C (2) (a-h), E (1, 3), M (1, 2). The City
of Fort Collins will entertain and consider any proposals to modify the existing wetlands if such
disturbance is shown by the developer to be acceptable to the U.S. Army Corps of Engineers, and
if such disturbance is offset by off site mitigation as set forth in Article 3, section 3.4.1 (B)
General Standard) of the Fort Collins Land Use Code.
281 N. College Ave. a P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6600 a FAX (970) 224-6177