HomeMy WebLinkAboutOrdinance No. 172, 2025 (As Amended for Second Reading)-1-
ORDINANCE NO. 172, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE 5, SECTION 10 OF THE LAND USE CODE OF THE CITY OF
FORT COLLINS FOR THE PURPOSE OF ESTABLISHING A THREE-YEAR
ESTABLISHMENT PERIOD FOR STREET TREES
A. The Council adopted Rooted in Community, the Fort Collins Urban Forest
Strategic Plan (“Plan”), in March of 2025. This Plan identifies seven future growth
strategies to support and maximize the community benefits that arise from fostering a
healthy, urban tree canopy. The Plan also addresses the current state of the urban forest,
emphasizes why trees are an important component of our community’s infrastructure, and
identifies key opportunities to continue improving the urban tree canopy.
B. In the City’s current Land Use Code and Plan, the requirements for the
establishment of street trees are unclear regarding when the City assumes responsibility
for maintenance and care. Setting a three-year establishment period creates more
predictability and gives clear parameters for both the City and developer regarding when
the applicant developer is done replacing trees before the City takes over maintenance
and care for street trees.
C. The Plan sets forth other recommendations to assist in ensuring the long-
term survivability of street trees which are in practice and have been successful.
Examples of these recommendations include planting street trees in phases and planting
trees during the shoulder seasons to avoid planting in the hottest and coldest timeframes
of the year.
D. This Ordinance further supports tree establishment and survivability
amending Division 5.10 of the City’s Land Use Code regarding Landscaping and Tree
Protection to incorporate specific placement and planting requirements for street trees.
E. During a Work Session on August 26, 2025, Council provided input
regarding this proposed update to the City’s Land Use Code. On October 16, 2025, City
staff sought a recommendation from the Planning & Zoning Commission to update the
Land Use Code for the purpose of requiring a commercial tree removal permit.
F. The City Council has determined that it is in the best interest of the health,
safety and welfare of the City and its residents that Article 5, Section 10 of the Land Use
Code be updated, as set forth in this Ordinance.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 5.10.1(D) and 5.10.1(I) of the Land Use Code is hereby
amended to read as follows:
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5.10.1 LANDSCAPING AND TREE PROTECTION
. . .
(D) Landscape Planning and Design. Any landscape plan required must meet
at least the standards in this Subsection.
. . .
. . .
(e) Street Trees. Planting of street trees shall occur in the adjoining
street right-of-way. Except as described in Subsection (D)(1)(e) b.
below, the street tree plantings in connection with the development
shall occur as described in Subsections (D)(1)(e) a. through e. below:
(I) Placement:
a. Between curb and sidewalk. Canopy shade trees shall
be planted at twenty-foot to thirty-foot spacing
(averaged along the entire front and sides of the block
face) in the center of all such parkway areas. If two (2)
or more consecutive residential lots along a street each
measure between forty (40) and sixty (60) feet in street
frontage width, one (1) tree per lot may be substituted
for the twenty-foot to thirty-foot spacing requirement.
b. Behind attached sidewalk. Canopy shade trees shall be
established in an area ranging from three (3) to seven
(7) feet behind the sidewalk at the spacing intervals as
required in Subsection (D)(1)(e)(I) above.
c. Attached sidewalk greater than 10 feet. Canopy shade
trees shall be established in planting cutout areas of at
least thirty-two (32) square feet at twenty-foot to thirty-
foot spacing, except in the Downtown District where
tree cutouts shall mimic or exceed existing design or
character to adjacent Street Frontage Types as
provided in Section 2.4.1.
d. Overhead utility lines. Ornamental trees shall be
planted in substitution for the required canopy shade
trees where overhead lines, fixtures, and underground
utilities may prevent normal growth and maturity.
(II) Planting:
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a. Street tree permits. Street tree permits must be
obtained by the City before any planting in the right-of-
way is conducted per Municipal Code Article 3, Section
27-31. Upon permit approval and approval of other
landscape element initial installation, financial
guarantee held per subsection (I), may be partially or
fully released.
b. Planted in phasesPhased planting. In any multi-phase
development plan, all street trees plantings per phase
must be grouped so that the trees are planted at once
or over large continuous areas of the development
rather than on a lot by lot over time to the maximum
extent feasible; and such planting may only occur after
the irrigation is functioning and right-of-way turfgrass,
if present, is established. The City Forester, through
conversations in partnership with the landscape
contractor and applicant developer, makes the final
decision as to what timing is groupings are feasible.
c. Timing. Street trees must only be planted during
shoulder seasons, March through June, and
September through November, to avoid the hottest and
coldest periods of the year.
d. Three-year establishment period. The establishment
period of three full growing seasons (March through
November) begins once all street trees in a phased
planting as specified in (D)(e)(II)(b) development plan
phase have been permitted and planting has been
approved by City of Fort Collins Forestry Division and
Zoning Department, and the following applies:
(I) The applicant developer is responsible for
replacing dead, dying or damaged street trees
as identified by the City during semi-annual
spring and fall inspections. Any tree identified
pursuant to a semi-annual inspection shall be
replaced within the year of the inspection.
(II) At the end of the three-year establishment
period, any remaining dead, dying or damaged
street trees identified at final inspection shall
either be replaced by the applicant developer or
the applicant developer shall submit payment in
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lieu to the City of Fort Collins Forestry Division
to plant any remaining street trees identified at
final inspection. The fair market value payment
in lieu fee per tree is determined by the City
Forester and may be adjusted annually based
on market rates.
(III) After the establishment period, the Forestry
Division will plant any remaining street trees
with the provided payment in lieu and assume
maintenance responsibility of the street trees.
(f) Utilities and Traffic. Landscape, utility and traffic plans shall be
coordinated. Minimum dimension requirements for the most common
tree/utility and traffic control device separations are shown below.
Exceptions to these requirements may occur, as approved by the
Director, where utilities or traffic control devices are not located in
their standard designated locations. Tree/utility and traffic control
device separations shall not be used as a means of avoiding the
planting of required street trees. Required separations are:
. . .
(VI) Street trees must be placed at least four (4) feet away from
the edges of driveways and alleys.
(VII) Street trees on local streets planted within the standard
abutting utility easement may conflict with utilities. Additional
conduit may be required to protect underground electric lines.
. . .
(I) Landscape and Irrigation Installation and Escrow. All landscaping and
irrigation shall be installed according to sound horticultural practices in a
manner designed to encourage quick establishment and healthy
growth. Except as provided herein, no certificate of occupancy is authorized
to be issued for any building on any portion of a property required by this
Section to have a landscape plan, unless all landscaping has been installed
and maintained according to an approved landscape plan for the property,
all irrigation has been installed and maintained according to an approved
irrigation plan for the property, and:
(1) If such landscaping and irrigation installations have not been
completed, a certificate of occupancy may be issued upon the receipt
by the City of surety in the form of an acceptable bond, cash deposit,
or equivalent conditioned on and guaranteeing the installation of the
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entire landscaping shown on the approved landscaping plan and the
irrigation system shown on the approved irrigation plan or the
installation pursuant to an approved phasing plan.
(a) The surety must be in the amount of one hundred twenty-five
percent (125%) of the estimated cost of the landscaping
installation, irrigation installation, or both as applicable,
determined by an executed contract to install the landscaping,
irrigation, or both, or by adequate appraisals of the cost.
(b) Any surety provided pursuant to this requirement shall be
released upon an inspection by the City verifying installation is
completed or certification issued by a landscape contractor not
involved in the installation that the required landscaping program and
irrigation system have been completed and maintained until the time
the verification by the City or certification accepted by the City in
accordance with the landscape plan. The surety may be released in
full or in portions covering completed installation.
(2) For a non-potable system intended to be turned over to the Parks
Department, the amount of the surety may be reduced after
installation is completed, to twenty-five percent (25%) of the actual
cost of such system, and the system must be warrantied and
maintained for five (5) years. If the non-potable system fails, a
potable tap shall be supplied at no cost to the City.
. . .
Introduced, considered favorably on first reading on October 21, 2025, and
approved on second reading for final passage on December 16, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 26, 2025
Approving Attorney: Stefanie Boster
Exhibit: None