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HomeMy WebLinkAboutOrdinance 5584 07/01/1991• • • CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 5584 AN ORDINANCE AMENDING CITY CODE SECTIONS 2 -5 -11, 2 -6 -4, 2 -6 -8, 2 -7 -1, 2 -10 -4, 3 -4 -2, 5 '-2 -3;., AND 10 -5 -17 PERTAINING TO PUBLIC WORKS SERVICES, FEES AND PERMITS IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON AND DECLARING AN EMERGENCY. THE SPRINGFIELD CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1: Section 2 -5 -11 of the Springfield Code is hereby amended as follows: 2 -5 -11 Work On or Under Surface -The Public Right -of -Way Encroachment Permit. (1) The Director of Public Works shall issue a Public Right -of -Way Encroachment Permit if: (a) After the normal review process, heXsH is satisfied that the proposed temporary storage of articles and /or work to`be done in the public right -of -way is feasible and proper, and (b) that the application has been made in accordance with this Article. (2) The Public Right -of -Way Encroachment Permit required in 2 -5 -6 shall be on the form prescribed by the Director of Public Works. (3) At the time of issuance of the Public Right -of -Way Encroachment Permit, the applicant shall: (a) Deposit with the City of Springfield such security as determined by the Director of Public Works as provided for in 2- 5 -6(1) unless a blanket surety bond is already in effect; (b) Pay the fee for the temporary storage of articles in the public right -of -way during construction as provided for in 5- 2- 3(2)(d), if applicable; (c) Pay the new street maintenance surcharge as proyided for (a) In case of emergency, the normal review process will be waived by the Director of Public Works. When so waived, the applicant will be able to perform the work at once, however, the applicant shall still obtain a Public Right -of -Way Encroachment Permit as required in this Article. (b) The normal review process does not apply to the installation of tees or the connection to existing sanitary and storm sewer lines requiring excavation of the public right -of -way 2- 5- 5(2)(b). (c) A franchise holder, under its agreement with the City, or a utility making a payment to the City in lieu of taxes will not be required to pay the permit fee aT $20.00 for'' fe Public Right of Way nd. achment Permit. Page 1 NOTE: New matter, is shaded and deletions are indicated by strikeouts. 11 • • Ordinance No. 5584 Page 2 Section 2: Section 2 -6 -4 of the Springfield Code is hereby amended as follows: • • Ordinance No. 5584 Page 3 Section 3: Section 2 -6 -8 of the Springfield Code is hereby amended as follows: W.W. tnererore, aut City, provided followina mann )rizing ine permittee to pai said permits authorize such A permit shall be issued rtment. and a fee based::: use tiY...oum:gu, co i i ectea s on curbs within the ...................... (a) Numbers used for such painting or stenciling shall be standard four -inch numbers similar to a sample which shall be on file in the office of the building Devlopmeni;5elYTctS department. (b) Actual painting or stenciling of house numbers shall consist of a solid background with white letters stenciled on the face of the curb. (c) Only standard traffic paint or its equivalent shall be used for such painting as is authorized by this article. (d) The building i3e elopm�nt; SetViCi=s department or an authorized official thereof may require thaf poor workmanship or illegible lettering be redone without charge to the householder. Ordinance NO. 5584 Page 4 Section 4: Section 2 -7 -1 of the Springfield Code is hereby amended as follows: 2 -7 -1 Construction -- Permits. (1) Before any sidewalk in a public right of way is started, a permit shall be obtained from the Building Official. At the time the permit is 4J> n�. ra•. nn rrrn.vrt yay.w rcc�z� pc. I n.cu. -.vvc .v. .c .n, .vi either new construction or repair. These requirements do not apply, however, when such work is done under contract with the Citv or covered by a subdivision C� 0 • E • 1J Ordinance NO. 5584 Page 5 Section 5: Section 2 -10 -4 of the Springfield Code is hereby amended as follows: (2) Any person desiring to connect a private sanitary sewer line to a City sanitary sewer line from property against which no assessment has been levied shall first apply to the Department of Public Works for a permit to do so. The permit shall set forth at what point the City sewer line is to be tapped, the distance that the connecting sewer line will run, the location, the size of pipe, the type of construction and such other facts as the City Engineer may reasonably require on a form to be furnished for this purpose. Upon making an application as herein provided, such person shall pay to the City an amount based upon the City's established rate per benefitted property. This rate is Eur en based n the: sewer consCruet�on<eflst per square foot of benefitted property PgWJ l_)< Any rate adjustment shall be determined by the previous year's sewer construction costs and projected inflation to the next construction season. The depth of the benefitted property shall not exceed 150' from the street or 150' from the sanitary sewer line if the sewer line is not within the street right -of- way, except by special authorization by the Director of Public Works or his /her duly authorized agent and based upon reasonable judgement, such as 1) the location of the building in relation to the referenced 150' line; 2) the possibility of future development for the building sites beyond the 150' depth. Except as provided by 1) and 2) immediately preceding, a reduced charge will be charged for that area beyond the 150' line. The sum so paid may be deposited against any future sanitary sewer assessment which may be made against said property. In the event the sum paid exceeds the assessment any excess will be refunded to the property owner. (3) In the event that a City sewer line is in close proximity but not contiguous to an industrial, commercial or multiple housing development desiring connection, a line of adequate length, size and depth (as approved by the City Engineer) shall be installed at the owner's expense to serve such property. The charge as outlined in (1), (2) and 3); above shall then be imposed but the owner shall have credited upon such connection charge, that cost for excess length, size or depth required by the City Engineer. (4) In the event that one or more single family residential property owners desire to extend a sewer to serve their property, the method and connection charge, if any, shall be as determined by the Director of Public Works or hisJher duly authorized agent, consistent with current policies. 1D i Ordinance NO. 5584 Page 6 (5) Payment of the charges provided in the second paragraph of this section shall be in lieu of any assessments to property owners paying the same under that paragraph for any future sewer which might serve the property. (6) Prior to connecting to the ,public sanitary sewer system and in addition to the charges described in (1) - {5), above, the.. property owner_,shall a {d} The fees herein required shall be imposed against all new construction not existing structures), including mobile and modular homes. (1) Provided however, no such fee shall be imposed where a new structure replaces a formerly existing structure of like use within two years of the date the former structure was removed or demolished. The date the former structure was removed or demolished shall be the date when the permit for such removal or demolition was issued. Replacement shall be allowed without charge to the extent of the previous use and /or structure. In the event the structure is of a larger size as to either occupancy or square footage, as appropriate, according to the type and kind of occupancy, a fee shall be charged for such increase in accordance with subsection (b) of this section. {>}j {e} The fee herein required by Section 2a shall be imposed against all structures within territory annexed ` "t 61 e City "after September 1, 1971. The reference to structures in this subsection shall not relieve the owner from paying the charge required for each living unit contained in any structure. C Ordinance NO. 5584 Page 7 • (c} {f} The fees herein imposed shall be paid to the City by the person seeking a building permit and /or sewer connection (tap) permit and no such permit shall be granted or issued except upon payment of the required fees. (7) Prior to connecting to the .,. public storm sewer system and in addition to the charges described in (1) - (5j° above, the property owner shall oav a storm sewer connection charoe or hookuu fee uali • • • • C1 Ordinance No. 5584 Page 8 Section 6: Section 3 -4 -2 of the Springfield Code is hereby amended as follows: Ordinance NO. 5584 Page 9 • Section 7: Section 5 -2 -3 of the Springfield Code is hereby amended as follows: 5 -2 -3 Obstructions in the Public Right -of -Way. (1) Except as provided in Subsection (2) of this Section, it shall be unlawful for any person to obstruct any highway, street, alley, sidewalk, gutter or drainage way or any other public way in the City by leaving any article, hereby defined as merchandise, boxes, construction materials, household goods, or any other thing which may prevent free passage over any public right - of -way. (2) Any person desiring to use the public right -of -way for the temporary storage of articles during construction shall apply for a Public Right - of -Way Encroachment Permit in accordance with Springfield Code 2 5 -6 through 2-5- 16. The rates and c'haraes erein iiro.vQ are for incurred cosis kaased upon the. FJ C� J to be used for he 4mporary storage of articles and the amount of time the articles may be stored shall be approved by the Director of Public Works. However, the storage area shall not exceed on fourth of the pavement or travel portion of the public right -of -way (i.e. from curb to curb). (a) The following articles may be temporarily stored in the public right -of -way only upon obtaining a Public Right - of -Way Encroachment Permit and payment of a fee a $-:84 i) buiioing construction materials. 2) Rock, sand, excavated material, asphalt mix, etc., the loading or moving of which may cause damage to the pavement or curb. 3) No temporary storage of articles shall be allowed on a sidewalk or behind a sidewalk. 4) Any temporary storage of articles shall not alter drainage in the gutter. Ordinance NO. 5584 Page 10 • Section 8: Section 10 -5 -17 of the Springfield Code is hereby amended as follows: 10 -5 -17 Plan Checking Fee. For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater. Before accepting a set of plans and specifications for checking, the Director of Public Works shall collect a plan- checking fee. Where not covered by the approved improvement plans for the development, separate permits and fees may apply to retaining walls or major drainage structures in accordance with the State Building code. there shall be no separate charge for standard terrace drains and similar facilities. The amount of the plan checking fee for grading olans shall be based on th'e auerage actuat €costs as set f rti3 by Msotut on of The plan- checking fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between such fee paid for the original permit and the fee shown for the entire project. The fee for grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. Section 9: It is hereby found and determined that these matters affect the public health, safety and welfare and that an emergency therefore exists and therefore this ordinance shall take effect immediately upon its passage by the Council and approval by the Mayor. Adopted by the Common Council of the City of Springfield this 1st day of July, 1991 by a vote of 5 for and 0 against. Approved by the Mayor of the City of Springfield, Oregon this 1st day of July, 1991. Mayor ATTEST: City Ordinance NO. 5584 VIEWED & APPROVED Page 11 OF R DATE: 1P OFFICE OF CITY ATTORNEY CITY OF SPRINGFIELD .40