HomeMy WebLinkAboutItem 11 Amendment to the Springfield Development Code Chapters 3, 5 and 6 Establishing New Annexation Procedures
AGENDA ITEM SUMMARY Meeting Date: December 3, 2007
Meeting Type: Regular Session
Department: Development Services
Staff Contact: Greg Mott
S P R I N G FIE L D Staff Phone No: 726-3774 ~
C I T Y C 0 U N C I L Estimated Time: 10 Minutes
ITEM TITLE: AMENDMENT TO THE SPRINGFIELD DEVELOPMENT CODE CHAPTERS
3,5 AND 6 ESTABLISHING NEW ANNEXATION PROCEDURES.
ACTION
REQUESTED:
Conduct a public hearing and adopt/not adopt the following Ordinance:
AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE
TABLE OF CONTENTS PAGE, SECTIONS 5.7-100 AND 5.23-100; CHAPTER 3
LAND USE DISTRICTS, SECTION 3.3-825; CHAPTER 5 THE DEVELOPMENT
REVIEW PROCESS AND APPLICATIONS, SECTION 5.1-140; TABLE 5.4-1;
SECTIONS 5.7-105 THROUGH 5.7-165; SECTION 5.12-120; SECTION 5,12-130;
ADDING SECTION 5.23-100 THROUGH 5.23-125; AND CHAPTER 6
DEFINITIONS, DELETING THE TERM ANNEXATION AGREEMENT;
ADOPTING A SEVERABILITY CLAUSE; AND DECLARING AN
EMERGENCY. (lo. No. LRP2007-00026)
And adopt/not adopt the following Resolution:
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SPRINGFIELD AMENDING THE ADOPTED MASTER SCHEDULE OF
MISCELLANEOUS FEES AND CHARGES, RATES, PERMITS, AND
LICENSES TO PROVIDE FOR THE ADDITION OF "ANNEXATION FEES
(MINOR BOUNDARY CHANGES)" AND "EXTRATERRITORIAL
WASTEWATER OR WATER LINE EXTENSIONS."
ISSUE
STATEMENT:
The 2007 Oregon Legislature abolished the Lane County Boundary Commission
effective January 1,2008. Pursuant to ORS 222 City Boundary Changes the City
Council assumes sole responsibility for all annexations, including extraterritorial
extension of services and territory withdrawals, effective January 1,2008.
ATTACHMENTS: A. Ordinance
B. Planning Commission Findings and Recommendation
C. Resolution adopting a revised fee schedule for annexations
DISCUSSION/
FINANCIAL
IMP ACT:
Based on new laws, the City Council is now the approval authority for annexations.
All statutory provisions necessary for this transition to occur are included in this
proposal. On November 20,2007, the Planning Commission conducted a public
hearing on these amendments; one person spoke in support. The Planning
Commission forwarded a recommendation of approval (Attachment B).
The fees in Attachment C, Exhibit B, page 2 show new charges based on City
processing cost recovery of 80%. No exceptions or waivers are included in this
proposal. If Council prefers to include a fee waiver or reduction for health hazard
annexations or other special circumstances, or special fee for expedited annexation
proposals, staff can return in January with some amendment options for Council
consideration.
ORDINANCE NO.
(General)
AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE TABLE OF CONTENTS
PAGE, SECTIONS 5.7-100 AND 5.23-100; CHAPTER 3 LAND USE DISTRICTS, SECTION 3.3-825;
CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS, SECTION 5.1-140;
Table 5.4-1; SECTIONS 5.7-105 THROUGH 5.7-165; SECTION 5.12-130; ADDING SECTIONS 5.23-
100 THROUGH 5.23-125; AND CHAPTER 6 DEFINITIONS, DELETING THE TERM ANNEXATION
AGREEMENT; ADOPTING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY.
THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
WHEREAS, the reformatted Springfield Development Code (SDC) was adopted by the
Springfield Common Council on September 17, 2007, and previous amendments thereto were
subsequently adopted by Ordinance; and
}
WHEREAS, by enactment of Senate Bill 417 by the 2007 Oregon legislature, the Lane County
Local Government Boundary Commission (LCLGBC) ceases to exist on July 1, 2008 and annexation to
the City becomes the jurisd iction of the City; and
WHEREAS, Senate Bill 417 amends most of ORS199 (Local Government Boundary
Commissions) and shifts the annexation laws now applicable to the City to ORS 222 (Boundary Changes;
Mergers and Consolidations); and,
WHEREAS, the sunset date for the LCLGBC and its staff is June 30, 2008, but the LCLGBC will
not process any applications submitted after December 31, 2007; and
and
WHEREAS, SDC Section 5,6-100 sets forth procedures for the amendment of this document;
WHEREAS, on November 20,2007, the Springfield Planning Commission held a work session
and conducted a public hearing on this SDC amendment application (Case Number LRP 2007-00027)
voting 7 to 0 to recommend approval of the proposed Ordinance to the Common Council based upon
findings in support of adoption of these SDC amendments as set forth in the Staff Report and the
Recommendation to the Council incorporated herein by reference; and
WHEREAS, on December 3,2007, the Springfield Common Council held a work session and
conducted a public hearing and is now ready to take action on this application based upon findings in
support of adoption of these SDC amendments as set forth in the aforementioned Staff Report to the
Council incorporated herein by reference and the evidence and testimony already in the record as well as
the evidence and testimony presented at this public hearing held in the matter of adopting this Ordinance
amending the SDC.
NOW THEREFORE, THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
SECTION 1: The Table of Contents Chapter 5 The Development Review Process and
Applications for Sections 5.7-100 and 5.23-100 are hereby amended as follows:
"5.7-100
5.7-105
5,7-110
5.7-113
5.7-115
5.7-120
5.7-125
5.7-130
ANNEXA TIONS
Purpose
Applicability
Definitions
Review
Development Issues Meeting
Annexation Initiation and Application Submittal
Notice
A TT ACHMENT A - 1
5.7-135
5.7-140
5.7-145
5.7-150
5.7-155
5.7-160
5,7-165
Recommendation to City Council
Criteria
City Council Decision
Zoning
Effective Date and Notice of Approved Annexation
Withdrawal from Special Service Districts
Appeals"
"5.23-100 EXTRATERRITORIAL EXTENSION OF WATER OR SEWER SERVICE
5.23-105
5.23-110
5.23-115
5.23-120
5.23-125
Purpose
Applicability
Review
Application Submittal
Criteria"
SECTION 2: CHAPTER 3 LAND USE DISTRICTS, Section 3.3-825 Additional Provisions,
Subsections A. and E. are hereby amended as follows:
"A. The City shall not extend water or sanitary sewer service outside the city limits, unless a
health hazard, as defined in ORS 222.840 et seq is determined to exist. Annexation of
the affected territory so served is required if the territory is within the urban growth
boundary and is contiguous to the city limits,
1. The City may extend water or sanitary sewer outside the city limits or urban
growth boundary to provide these services to properties within the city limits. As
provided in ORS 222.840 et s~q, the City and a majority of the electors of the
affected territory may agree to an alternative to annexation to mitigate the health
hazard, including extraterritorial extension of services without annexation.
2. Extraterritorial extension of water or sanitary sewer applications that are not
related to health hazards as specified in ORS 222.840 et seq shall be processed
as specified in Section 5.23-100,"
"E. Connection to the sanitary sewer system. Any property to be partitioned that is within the
distances specified in OAR 340-071-0160(4)(A) for connection to the City's sanitary
sewer system shall require annexation to the City prior to Partition Tentative Plan
submittal, unless the Director determines that a topographic or man-made feature makes
the connection physically impractical. In the event of such determination, the Partition
application may be approved without annexation,"
SECTION 3: CHAPTER 5 The Development Review Process and Applications, Section 5.1-
140 Type IV Review Procedure (Legislative), Subsection F. is hereby amended as follows:
"F. The City Council's decision is the City's final decision either on the date the decision is
made, or 30 days after the decision is made if there is no emergency clause in the
adopting Ordinance. Notwithstanding the effective date of an ordinance as specified
above, the effective date of annexations shall be as prescribed in ORS 222.040,
222.180, or 222.465. Notice of decision is mailed to the applicant, property owner, those
persons who submitted written or oral testimony, those who requested notice, and as
required by ORS 222 and Section 5.7-150. Where required, the notice of decision shall
also be mailed to the Department of Land Conservation and Development as specified in
OAR 660-18-0040,
ATTACHMENT A - 2
EXCEPTION: For Metro Plan amendments that require adoption by the City, Eugene
and/or Lane County, the City Council decision is final only upon concurrence of the Lane
County Commissioners and the City of Eugene City Council, as appropriate."
SECTION 4: CHAPTER 5 The Development Review Process and Applications, Table 5.4-1
Development Applications is hereby amended as follows:
"Table 5.4-1 Development Applications
Accessory Dwelling Unit
Amendment of Development Code Text
Amendment of Refinement Plan Text or Diagram
Annexation
Appeal of a Type II Director's Decision
Appeal of Type III Decision to City Council
Appeal of an Expedited Land Division
Conceptual Development Plan
Conceptual Development Plan Amendment
Demolition of Historic Landmark
Determination of Non-Conforming Use Status
Development Issues Meeting
Discretionary Use
Drinking Water Protection Overlay District
Development
Establishment of Historic Landmark Inventory
Expansion/Modification of a Non-Conforming
Use ,
Expedited Land Division
Extraterritorial Extension of Water or Sewer
Service
Type I
Type IV
Type IV
Type IV
Type III
Type IV
Type III
Type III
Type III
Type III
Type I
Type I
Type III
Type I
5.5-100
5.6-100
5.6-100
5,7-100
5.3-100
5.3-100
5.3-125
Applicable Section
Applicable Section
3,3-900
5,8-100
5.1-100
5.9-100
3,3-200
3.3-900
5.8-100
5.1-145
5.23-100"
Type III
Type II
Type II
Type IV
SECTION 5: CHAPTER 5 The Development Review Process and Applications, Section 5.7-
105 Purpose, is hereby amended as follows:
I "5.7-105 Purpose
A. Clearly define the process for the review of proposals to annex territory to the City;
B. Provide a process for the subsequent withdrawal of territory from special service districts;
and
C. Provide a process for City approval of annexations to certain special districts, including
but not limited to: the Lane County Metropolitan Wastewater District; and the Willamalane
Park and Recreation District."
SECTION 6: CHAPTER 5 The Development Review Process and Applications, Section 5.7-
110 Applicability, is hereby amended as follows:
I "5.7-110 Applicability
ATTACHMENT A - 3
A. These regulations apply to annexation applications as specified in Section 5.7-125 and
B. Other annexation proposals permitted by ORS 222 shall be processed as provided in
ORS 222."
SECTION 7: CHAPTER 5 The Development Review Process .and Applications, Section 5.7-
113 Definitions, is hereby added as follows:
I "5.7-113 Definitions
The following definitions are specific to this Section:
Affected City. A City, City-County or Cities, named in a petition, for which a boundary change is
proposed or a City, City-County or Cities, named in an ordinance or order, for which a boundary
change is ordered.
Affected County. Each county that contains any territory for which a boundary change is
proposed or ordered.
Affected District. Each special district named in a petition that contains or would contain
territory for which a boundary change is proposed or ordered. Affected district also means a
district or districts, named in a petition, for which a boundary change is proposed or ordered.
Affected Territory. Territory described in a petition. Affected territory also means an area within
the urban growth boundary of a City that is otherwise eligible for annexation to a City where there
exists an actual or alleged danger to public health as defined in ORS 222.
Annexation. The attachment or addition of territory to, or inclusion of territory in, an existing City
or district.
Annexation Agreement. A written agreement between the City and owners of land requesting
annexation that states the terms, conditions and obligations of the parties to mitigate fiscal and
service impacts to the City associated with the annexation and future development of the
property, The agreement may be used to ensure annexation consistent with the Metro Plan.
Annexation Contract. A contract between a City and a landowner relating to extraterritorial
provision of service and consent to eventual annexation of property of the landowner. The
contract shall be recorded and shall be binding on all successors with an interest in that property.
Boundary Change. An action by the City Council duly authorized by ORS 222 that results in the
adjustment of the city limits or the boundary of a public service district.
Cadastral Map. A map prepared by the Lane County Assessor's office showing bearings and
distances and the boundaries of parcels, lots and tracts of land.
Consent to Annex. Forms provided by the affected City that must be included with certain
annexation and extraterritorial extension applications which include the signature of the owner of
part or all of the affected territory, and electors, if any, as applicable.
Contiguous. Territory that abuts the city limits at any point along the property's exterior
boundary or separated from the city limits by a public right-of-way or a stream, bay, lake, or other
body of water.
Effective Date of Annexation. The effective date of the boundary changed as prescribed in
ORS 222.040, 222.180 or 222.465,
ATTACHMENT A - 4
Elector. An active registered voter at an address within the affected territory.
Extraterritorial Connection of Service. The connection of water or sanitary sewer service to
developed property located outside the city limits and within the urban growth boundary.
Extraterritorial Extension of a Facility. The extension of a water or sanitary sewer line outside
the city limits and within the urban growth boundary.
,
Extraterritorial Service/Facility Contract. A contract between the owner of property proposed
to be served and the City specifying and identifying service provisions, obligations of the City and
cost obligations of the owner of the affected territory. The decision to enter into such a contract
shall be initiated at the sole discretion of the City Council.
Filing. The submittal of materials to initiate a boundary change process.
Initiation Method. Any of the following' descriptions of participants and documentation
necessary for commel1cement of City ann'exation.process:
A. All of the owners of land in the territory proposed to be annexed, and not less than 50
percent of the electors,if any, residing in the territory proposed to be annexed, have
consented in writing to the annexation and file a statement of their consent to anne>.cation
with the City;
B. More than half of the owners of land in the territory proposed for annexation who also
own more than half of the land in the contiguous territory and of real property therein
representing more than half of the assessed value of all real property in the contiguous
territory consent in writing to the annexation and file a statement of their consent to
annexation with the City;
C. A majority of the electors registered in the territory proposed to be annexed and owners
of more than half of the land in that territory consent in writing to the annexation and file a
statement of their consent to annexation with the City;
D. The City Council may, without any vote or any consent by the owners, annex territory
within the urban growth boundary if it is found that a danger to public health exists within
that territory and that such condition can be removed or alleviated by sanitary, water or
other facilities ordinarily provided by incorporated cities; or
E. The City Council may, by resolution, initiate annexation of public right-of-way or other
public land contiguous to the city limits. .
Legal Description. As defined in ORS 308.225(2).
Notice. An ordinance, resolution, order, or other similar matter providing notice authorized or
required to be published, posted, or mailed.
Owner. The legal owner of record according to the latest available Lane County Tax assessment
roll or, where there is an existing recorded land contract that is in force, the purchaser thereunder.
If there is a multiple ownership in a parcel of land, each consenting owner is counted as a fraction
to the same extent as the interest of the other owners and the same fraction is applied to the
parcel's land mass and assessed value for purposes of the consent petition. If a corporation
owns land in the affected territQry, the corporation must be considered the individual owner of that
land.
A TT ACHMENT A - 5
Petition. Any document such as signature sheets, resolutio'ns, orders, or articles of
incorporation, required for initiating an annexation, withdrawal, or provision of extraterritorial
services. In the case of a petition initiated by property owners, the person signing on behalf of a
corporation or business must provide evidence,showing that person is authorized to sign legal
documents for the firm.
Proceeding. A proceeding to consider a boundary change.
Proposal. The set of documents required to initiate proceedings for a boundary change.
Special Service District. Any of the districts identified in ORS 198,
Urban Growth Boundary. A site-specific line, delineated on a map or by written description that
separates urban and urbanizable land from rural lands that is part of a comprehensive plan.
Withdrawal. The detachment, disconnection or exclusion of territory from an existing City or
district."
SECTION 8: CHAPTER 5 The Development Review Process and Applications, Section 5.7-
115 Review, is hereby amended as follows:
I "5.7-115 Review
Annexation applications are reviewed under Type IV procedure, without Planning Commission
consideration.
EXCEPTION: A single lot/parcel adjacent to the city limits and City services and not dividable by
Partition or Subdivision may be annexed by the City Council without a public hearing."
SECTION 9: CHAPTER 5 The Development Review Process and Applications, Section 5.7-
120 Development Issues Meeting, is hereby amended as follows:
I "5.7-120 Development Issues Meeting
The applicant shall schedule a Development Issues Meeting prior to filing an annexation application
where staff will inform the applicant of the annexation application submittal requirements and procedures
specified in this Section, unless waived by the Director."
SECTION 10: CHAPTER 5 The Development Review Process and Applications, Section
5.7-125 Annexation Initiation and Application Submittal, is hereby amended as follows:
I "5.7-125 Annexation Initiation and Application Submittal
A. An annexation application may be initiated by City Council resolution, or by written
consents from electors and/or property owners as provided below,
B. In addition to the provisions specified in Section 5.4-105, an annexation application shall
include the following:
1. A list of all owners, including partial holders of owner interest, within the affected
territory, indicating for each owner:
a. The affected tax lots, including the township, section and range numbers;
ATTACHMENT A - 6
b. The street or site addresses within the affected territory as shown in the
Lane County Regional Land Information Database system (RLlD);
C. A list of all eligible electors registered at an address within the affected
territory; and
d. Signed petitions, as may be required.
2. Written consents on City approved petition forms that are:
a. Completed and signed, in accordance with ORS 222.125, by;
i. All of the owners within the affected territory; and
ii. Not less than 50 percent of the eligible electors, if any, registered
within the affected territory; or
b. Completed and signed, in .accordance with ORS 222,170, by:
.....
i.
More than half the owners of land in the territory, who also own
more than half the land in the contiguous territory and of real
property therein representing more than half the assessed value
of all real property in the contiguous territory (ORS 222,170(1));
or
1
ii. A majority of the electors registered in the territory proposed to
be annexed ano a majority of the owners of more than half the
land (ORS 222.170(2).
iii. Publicly owned rights-of-way may be added to annexations
initiated by these two methods without any consents;
3. A City Council resolution to initiate a boundary change, including but not limited
to, publicly owned rights-of-way.
4. In lieu of a petition form described in Subsection 2 above, an owner's consent
may be indicated on a previously executed Consent to Annex form that has not
. yet expired as specified in ORS 222.173 or previously executed Annexation
Agreement consenting to the annexation of territory.
5. Verification of Property Owners form signed by the Lane County Department of
Assessment and Taxation,
6. A Certificate of Electors form signed by the Lane County ElectionsNoter
Registration Department.
7. An ORS 197.352 waiver form signed by each owner within affected the territory,
8. A waiver form signed by each C?wner within the affected territory as allowed by
ORS 222,173.
9. A legal description of the affected territory proposed for annexation consistent
with ORS 308.225 that will include contiguous or adjacent right-of-way to ensure
contiguity as required by ORS 222.111.
ATTACHMENT A-7
10. A Lane County Assessor's Cadastral Map to scale highiighting the affected
territory and its relationship to the city limits.
11. A list of the districts providing services to the affected territory.
12. A public/private utility plan describing how the proposed affected territory can be
served by a full/minimum level of key urban facilities and services.
13. A signed Annexation Agreement, if required by the Director, to resolve fiscal
impacts upon the City caused by the proposed annexation. The Annexation
Agreement shall address, at a minimum, connection to and extension of public
facilities and services. Connection to public facilities and services shall be at the
discretion of the City, unless otherwise required by ORS. Where public facilities
and services are available and can be extended, the applicant shall be required
to do so.
14. A written narrative addressing the proposal's consistency with the approval
criteria specified in Section 5,7-140.
15. A fee as established by Council Resolution."
SECTION 11: CHAPTER 5 The Development Review Process and Applications, Section
5.7-130 Notice, is hereby amended as follows:
I "5.7-130 Notice
Notice requirements for annexations shall be as specified below:
A. Mailed Notice. Notice of the annexation application shall be mailed at least 14 days prior
to the public hearing date to:
1. The applicant, property owner and electors in the affected territory;
2. Owners and occupants of properties located within 300 feet of the perimeter of
the affected territory;
3. The neighborhood group or community organization officially recognized by the
City that includes the affected territory;
4. . Affected special districts and all other pUblic utility providers; and
5 Lane County Land Management Division, Lane County Elections, and the Lane
County Board of Commissioners,
B. Newspaper Notice. Notice of the public hearing at which an annexation application will
be considered shall be published in a local newspaper with general circulation once each
week for two successive weeks prior to the hearing date; and
C. Posted Notice. Notice of the public hearing at which an annexation application will be
considered shall be posted in four public places in the City for two successive weeks prior
to the hearing date.
D. Notice Contents. Notice of the public hearing at which an annexation application will be
considered shall include:
ATTACHMENT A - 8
1. The Lane County Tax Assessor's map and tax lot numbers, street addresses or
other easily understood geographical references of the affected territory;
2. A statement that the Director's recommendation will be available seven days
prior to the public hearing; and
3. The date, time and place the City Council will hold a public hearing to consider
the annexation application."
SECTION 12: CHAPTER 5 The Development Review Process and Applications, Section
5.7-135 Fiscal Impact and Annexation Agreement, is hereby amended as follows:
I "5.7-135 Recommendation to City Council
The Director shall forward a written recommendation on the annexation application to the City Council
based on the approval criteria specified in Section 5.7-140,"
SECTION 13: CHAPTER 5 The Development Review Process and Applications, Section
5.7-140 Criteria, is hereby amended as follows:
I "5.7-140 Criteria
An annexation application may be approved only if the City Council finds that the proposal conforms to the
following criteria:
A. The affected territory proposed to be annexed is within the City's urban growth boundary,
and is;
1. Contiguous to the city limits; or
2. Separated from the City only by a public right-of-way or a stream, lake or other
body of water.
B. The proposed annexation is consistent with applicable policies in the Metro Plan and in
any applicable refinement plans or Plan Districts;
C. The proposed annexation will result in a boundary in which the minimum level of key
urban facilities and services, as defined in the Metro Plan, can be provided in an orderly,
efficient, and timely manner; and
D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation
Agreement or other mechanism approved by the City Council."
SECTION 14: CHAPTER 5 The Development Review Process and Applications, Section
5.7-145 Submittal ofthe Council's Resolution to the LCLGBC, is hereby amended as follows:
I "5.7-145 City Council Decision
City Council approval of annexation applications shall be by Ordinance."
SECTION 15: CHAPTER 5 The Development Review Process and Applications, Section
5.7-150 Zoning, is hereby amended as follows:
ATTACHMENT A - 9
I "5.7-150 Zoning
Currently, all unincorporated land within the City's urban growth boundary is zoned in compliance with the
zoning districts listed in this Code and is designated in compliance with the Metro Plan. Unincorporated
land within the urban growth boundary is distinguished from land within the city limits by the addition of
the Urban Fringe (UF-1 0) Overlay District established in Section 3.3-800. Upon approval of the
annexation by the City Council:
A. The UF-10 Overlay District designation shall cease to apply automatically; and
B. The current zoning shall apply, unless a zoning map amendment has been submitted and
approved by the City.
c. The Directorwill not deem an application complete for a zoning map amendment until the
annexation has been approved by the City Council and becomes effective, as that term is
described in Section 5.7.113."
SECTION 16: CHAPTER 5 The Development Review Process and Applications, Section
5.7-155 Notification of Utilities, is hereby amended as follows:
I "5.7-155 Effective Date and Notice of Approved Annexation
A. The effective date of an approved annexation shall be set in accordance with ORS
222.040, 222.180 or 222.465.
B. Notice of Approved Annexation,
1. Not later than 10 working days after the passage of an Ordinance approving an
annexation, the Director shall:
a. Send by certified mail a notice to public utilities (as defined in ORS
757.005), electric cooperatives and telecommunications carriers (as
defined in ORS 133,721) operating within the City; and
b. Mail a notice of the annexation to the Secretary of State, Department of
Revenue, Lane County Clerk, Lane County Assessor,. affected districts,
and owners and electors in the affected territory. The notice shall
include:
i. A copy of the Ordinance approving the annexation;
ii. A legal description and map of the annexed territory;
iii. The findings; and
iv. Each site address to be annexed as recorded on Lane County
assessment and taxation rolls or found in RLlD.
c. The notice to the Secretary of State will also include copies of the
petitions signed by electors and/or owners of the affected territory as
required in Section 5.7-125.
2. If the effective date of an annexation is more than one year after the City Council
passes the Ordinance approving it, the Director shall mail a notice of the
ATTACHMENT A -10
annexation to the Lane County Clerk not sooner than 120 days and not later than
90 days prior to the effective date of the an_nexation."
SECTION 17: CHAPTER 5 The Development Review Process and Applications, Section
5.7-160 Withdrawal from Special Service Districts, is hereby amended as follows:
I "5.7-160 Withdrawal from Special Service Districts
"A. Withdrawal from special districts may occur concurrently with the approved annexation
ordinance or after the effective date of the annexation of territory to the City. The Director
shall recommend to the City Council for consideration of the withdrawal of the annexed
territory from special districts as specified in ORS 222,
B. Withdrawal from special districts processed separate from the process annexing the
territory to the City requires a Public Hearing with notice as required in Section 5.7-130.
C. Criteria. In determining whether to withdraw the territory, the City Council shall determine
whether the withdrawal is in the best interest of the City.
D. Effective Date. The effective date of the withdrawal shall be as specified in ORS
222.465.
E. Notice of Withdrawal. Notice will be provided in the same manner as specified in Section
5.7-150,"
SECTION 18: CHAPTER 5 The Development Review Process and Applications, Section
5.7-165 is hereby added as follows:
I ;'5.7-165 Appeals
Appeals of the City Council decision shall be to the Land Use Board of Appeals, as specified in Section
5.1-140G."
SECTION 19: CHAPTER 5 The Development Review Process and Applications, Section
5.12-130, Tentative Plan Conditions, Subsection P. is hereby amended as follows:
"To the extent necessary to satisfy the approval criteria of Section 5,12-125, comply with all applicable
provisions of this Code and to mitigate identified negative impacts to surrounding properties, the Director
shall impose approval conditions. All conditions shall be satisfied prior to Plat approval. Approval
conditions may include, but are not limited to:
P. In the case of a Partition of property that is outside of the city limits but within the City's
urban growth boundary and no concurrent annexation application is submitted, Consent
to Annex forms shall be signed and recorded by the property owner prior to recording the
Partition Plat."
SECTION 20: CHAPTER 5 The Development Review Process and Applications, Sections
5.23-100 through 5.23-125 Extraterritorial Extension of Water and Sewer Service are hereby added
as follows:
"Section 5.23-100 Extraterritorial Extension
of Water and Sewer Service
I 5.23-105 Purpose
ATTACHMENT A -11
A. These regulations govern the approval of requests for the extension of water service or
sewer service outside of the city limits or extensions that go beyond the city limits and
urban growth boundary to reach property within the city limits. These regulations are
intended to accomplish the orderly development of land within the community, ensure the
adequate provision of public facilities and services, protect the public health and safety of
the community and enable development to occur consistent with applicable provisions of
the Metro Plan.
')
B. The City shall not extend water or sanitary sewer service outside the city limits, unless a
health hazard, as defined in ORS 222.840 et seq is determined to exist. Annexation of
the territory so served is required if the territory is within the urban growth boundary and
is contiguous to the city limits, An alternative to annexation, if agreed to by the City and
the owners of the affected property, may occur in the place of annexation. The City may
extend water or sanitary sewer outside the city limits or urban growth boundary to provide
these services to properties within the city limits.
C. Extraterritorial Service/Facility Contracts between a property owner and the City shall be
initiated at the sole discretion of the City Council. The provisions of this contract shall be
as directed by the City Council in response to the circumstances and conditions within
the affected territory which are causative of the request for extraterritorial service.
I 5.23-110 Applicability
These regulations apply to applications requesting the extension and/or connection of water service or
sewer service outside of the city limits and within the urban growth boundary.
I 5.23-115 Review
Extraterritorial extension of water or sewer service applications are reviewed under Type IV procedures.
I 5.23-120 Application Submittal
In addition to the provisions specified in Section 5.4-105, an extraterritorial extension of water or sewer
service application shall include the following:
A. A list of all tax lots proposed to be served, including street addresses and property owner
names;
B. A legal description of the .property to be served;
C. A signed Consent to Annex form for the property pro.posed to be served;
D. A map drawn to scale showing the proposed extension of sanitary and/or water lines to
include the proposed number of service connections and their sizes and locations; and
E. A written narrative addressing the proposal's consistency with the approval criteria in
Section 5.23-125. ' .
F. A fee as established by Council Resolution.
I 5.23-125 Criteria
ATTACHMENT A -12
The Director shall forward a written recommendation on the proposed application for extraterritorial
extension of sewer or water service to the City Council based on the approval criteria specified in A-G of
this SeCtion:
A. The property proposed for service is located within the City's urban growth boundary;
B. Annexation of the property proposed to be served is currently not possible due to the
inability to meet the criteria for annexation specified in Section 5.7-140;
C. The property proposed for service is not vacant;
D. The provision of service will not prolong uses which are nonconforming uses as specified
in Section 5.8-100;
E. In the case of an application for extension of water service, the property to be served is
connected with an approved means of sewage disposal;
F. The proposed extension is consistent with adopted resolutions, policies, plans and
ordinances concerning extraterritorial extensions; and
G. . Even if a proposed extension is inconsistent with the criteria above, the City may approve
an extraterritorial extension of water or sewer service:
1. Where a communicable disease hazard exists and the extension is the only
practical remedy as specified in ORS 222.840 et seq; or
2. To property within a dissolved water district within which the Springfield Utility
Board is providing service to some properties."
SECTION 21: CHAPTER 6 Definitions, the term "Annexation Agreement" is. hereby
deleted:
SECTION 22: Severability Clause. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and individual provision and such
holding shall not affect the validity of the remaining portions hereof.
SECTION 23: Declaration of Emergency. It is hereby found and declared that matters
pertaining to this amendment of the Springfield Development Code regarding Annexations to the
City affect the public health, safety and welfare of the City of Springfield and that this Ordinance
shall, therefore, take effect immediately upon its passage by the Council and approval by the Mayor.
ADOPTED by the Common Council of the City of Springfield by a vote of _ for and _ against,
this _ day of , 2007.
APPROVED by the Mayor of the City of Springfield, this _ day of
J 2007,
A TrEST:
Mayor
City Recorder
~;'lr;:~.nrr;f:hri; 7,
t\ '._ t., 1';;_ ~'.' 1_. ,~. I,"
"'-',~_.~._. ~.
~~(PJt[;
ATTACHMENT A -13
A~~~~~'A..\ L ~"^ ~
DATE: _Jl-::~-oJ
OFFICE OF Cir( f\TTORNEY
MEMORANDUM
City of Springfield
Date:
To:
From:
November 5, 2007
Springfield Planning Commission
Gregory Mott, Planning Division Manager
COMMISSION
BRIEFING
MEMORANDUM
Subject:
Annexation Transition Code Amendments
ISSUE:
By enactment of the 2007 legislature, the Lane County Local Government Boundary
Commission ceases to exist on July 1, 2008; annexation to cities becomes the jurisdiction
of the affected city while annexation to districts, district creation, and district dissolution or
district consolidation is the jurisdiction of Lane County. In acknowledgement of the
abruptness of this legislation and the limited opportunities to get on a Boundary
Commission agenda, applications to annex to cities submitted after January 1, 2008 shall
be processed solely by the cities. The attached amendments are intended to fulfill this
obligation and will, if adopted by Council on December 3,2007, become effective on
January 1, 2008.
BACKGROUND:
Senate Bill 417 abolishes the Lane County Local Government Boundary Commission
(Boundary Commission), extinguishes the assessment to cities that funds Boundary
Commission operations, and terminates the Boundary Commission staff, all effective June
30, 2008. This legislation also amends most of ORS 199 (statute conferring Boundary
Commission authority) and shifts the annexation laws now applicable to Springfield to ORS
222. The "sunset" date for the Boundary Commission and Boundary Commission staff is
June 30, 2008, but the Boundary Commission will not process any applications submitted
after December 31, 2007. The Boundary Commission will utilize this tinal 6-month period to
. process/complete all pending annexation applications and any others submitted between
now and December 31st. For example, the City is currently processing 9 annexation
applications submitted earlier this year but which have not gone before the Council for
action. Each of these applications will be presented to the Council this year in order to be
included in Boundary Commission business in the first half of next year. This will allow
these applications to be processed using the same law in effect at the time of their
submittal. Annexations submitted after January 1, 2008 will be processed under the new
law (ORS 222) and under the sole jurisdiction of the Springfield City Council.
DISCUSSION:
The consequences of these changes are significant to Springfield both in terms of
procedure and cost. Until enactment of SB 417, the City's role in the annexation process
was to determine if services could be extended (how and at whose cost), request Council
adoption of a resolution in support of the annexation, and deliver to the Boundary
Commission staff the documentation used by the Council for this recommendation. From
that point forward the Boundary Commission staff would validate all signatures; confirm the
presence or absence of electors residing on the property; confirm the accura.cy of the form
of annexation (double/triple majority; delayed effective date; extra-territorial extension of
services, expedited process); review, and if necessary, perfect the legal description;
prepare legal notices; prepare the staff report in response to legislative criteria of approval
and Metro Plan policies; and staff the Boundary Commission public hearings. Following a
Boundary Commission approval, Boundary Commission staff would provide all the
necessary notifications, including Lane County Assessment and Taxation; Lane County
Clerk; LCOG GIS; affected schools, utilities and other serVice providers; Secretary of State;
ATTACHMENT B-1
the Department 01 Revenue; and the affected city. All of this work, belo~ and after Council
action, becomes the sole responsibility of City staff, including Developm;ent Services, Public
Works, City Manager, Finance and the City Attorney. . I
The substance of annexation has changed along with the staffing respohsibilities. Under
the Boundary Commission rules (ORS 199) non-contiguous annexation~ were permitted -
ORS 222 does not allow non-contiguous annexations therefore such a~ annexation is not
permitted by the proposed Code amendments1. . i
The Boundary Commission laws required Boundary Commission appro~al if water or
sanitary sewer was extended out,side the city limits of the service provider, also known as
an extra-territorial extension. ORS 222 recognizes extra-territorial extehsion for purposes
of health hazard remediation or simply for service extension in the absence of a health
hazard. The former can be contingent upon annexation; the latter can 0ccur through a
contract and consent to eventual annexation. The proposed Code am~ndments include
both circumstances but the non-health hazard circumstance is a local option; the Council
does not have to allow this service provision circumstance. The Metro plan states that the
extension of any new urban service to unincorporated territory can only occur through
annexation, contractual annexation, and annexation to an existing district, or creation of a
new district. (Chapter II-C, page 6).2 The draft ordinance is consistent:with these Metro
Plan policies. i
ORS 199 allowed for an expedited procedure which is essentially an approval of an
annexation within 25 days of submittal and without a public hearing. Tne expedited
procedure is not included in the provisions of ORS 222 but this absenc~ does not preclude
the City from providing such a process; the draft ordinance recommends public hearings for
all annexation applications but does include an exception to the hearing process for
residences on an undividable lot where sanitary sewer is already avail~ble to the property.
This provision can be included or not at the Council's preference.
Under Boundary Commission law, annexations were approved by the Boundary
Commission and appeals of those decisions were heard by the Court of Appeals. Such an
arrangement meant the action of the Council and Boundary Commissiqn was not a land
use decision and therefore not subject to the 120 day decision standard or the Dolan v.
Tigard test for proportionality. As a result the annexation process took ~considerably longer
than 120 days and may have included conditions of approval difficult to obtain in the normal
land use decision environment. Annexations which are the jurisdiction of cities are land use
decisions, are appealed to LUBA and may be subject to 120 day time lines. The draft
ordinance does not speak to the 120 day timeline for processing but it ~oes preserve
annexation agreements as a condition of approval. :
The draft amendments to the Code were released for public review on INovember 13th,
seven days before the public hearing on the 20th. The Planning Comrriission will be asked
to conduct a public hearing on the proposed Code amendments; consider public testimony
as it applies to these amendments; consider the "local option" provisio~s (those not
required by ORS 222) and forward a recommendation to Council for thbir consideration
during their public hearing on December 3rd. As was noted in footnote 12, consistency with
the Metro Plan is relevant to those growth management policies that do not include
I
I Policy # [2, Chapler U-C, page 5 provides as follows: "When Ihe fullowiog crileria lare met, either Spriogfield or
Eugene may annex land which is not contiguous to its boundaries." This policy is now at odds with the
applicable statute Eugene and Springfield must observe when processing annexations.
I
2 The exigent nature of this legislation makes it imperative that the SDC amendment is in effect on 1/1/08; it is not
possible to amend the appropriate sections of the Metro Plan on such short noticcl and in any case, all three
elected bodies must adopt amendments to this section of the Metro Plan.
ATTACHMENT B-2
provisions of ORS 199. Where references to the Boundary Commission or annexation
I
methods exclusive to the Boundary Commission or ORS 199 exist in the Metro Plan, these
Code amendments have no effect in as much as the Oregon Legislatur~ has invalidated
those provisions. i
I
I
RECOMMENDED ACTION:
Conduct a public hearing on these proposed Code amendments, consider public testimony
and findings, and forward a recommendation(s) to the City Council. I
,
Attachments: 1. Staff Report and Findings in Support of Proposed Code Amendments
2. Planning Commission Final Recommendation
3. Proposed Code Amendments
i
I.
ATTACHMENT B-3
ATTACHMENT 1 i
SEC AMENDMENT I
I
STAFF REPORT, FINDINGS AND ORDER
APPLICANT
City of Springfield - Journal Number LRP 2007-00026
I
I . .
Amend Chapters 3 and 5 of the Springfield Development Cdde to repeal eXIstmg
provisions for annexation and replace with new annexation nrovisions in conformance with
Oregon Revised Statute 222. 1
PROPOSAL
BACKGROUND
The 2007 Oregon Legislature abolished the Lane County Lo~al Government Boundary
Commission and transferred all urban annexation responsibilities to the cities within Lane
I
County and all district annexation responsibilities to the Lane County Board of
Commissioners. The law requires cities and the county to assume these responsibilities on
January 2, 2008. These proposed amendments will vest the Springfield City Council with
the authority to initiate, accept, review and approve all anne~mtions to the City of
Springfield and all extraterritorial extension of water or sew~r service to areas outside the
city limits of Springfield. These amendments describe the method of annexation; the
submittal requirements; the criteria of approval; the require~ent for contracts, consents and
agreements; the requirement of a fee; and the notice obligati~ns for public hearings and
notice of approval. All of the provisions of these amendmeqts are either required by ORS
222, enabled by ORS 222, or a local option in the furtheranqe of compliance with ORS 222
and the Eugene-Springfield Metropolitan Area General Plan!.
I
I
SPRINGFIELD DEVELOPMENT CODE CRITERIA OF APPROVAL FOR SDC
AMENDMENTS (5.6-115): i
I
Amendments to the Springfield Development Code are based on .conformance with the following
criteria: I
I
I
(I) The Metro Plan; I
(2) Applicable State statutes; and i
(3) Applicable Statewide Planning Goals and Administrative Rules.
I .
The proposed amendments are intended to implement the provisi'ons of Senate Bill 417 enacted in
the 2007 Oregon Legislative Session. Senate Bill 417 abolishes the Lane County Local
Government Boundary Commission, extinguishes the assessment to cities that funds Boundary
Commission operations, terminates the Boundary Commission staff, and vests annexation authority
with the cities within Lane County and with Lane County. Citie~ are now subject to compliance
with the provisions of ORS 222. ORS 222 establishes the methdd of annexation; eligibility of
properties for annexation; circumstances for requiring annexatioh for extra-territorial extension of
ATTACHMENT B - 4
services; provision of notice for annexation proposals; provision df notice of annexation approvals;
provisions for withdrawal from special service districts; and provikions for elections when that
option is selected by a city. The proposed amendments include a purpose statement; an
applicability section; definitions; the review process; initiation and application submittal; notice;
criteria of approval; withdrawal procedures; appeals; and extra-teriritorial extensions.
I
I
Criteria (1) Conformance with the Metro Plan ,
i
The Metro Plan is the guiding policy document for land use decisions in the metro area. The
following excerpts from various sections of the Metro Plan are ap~licable to these proposed Code
1
amendments: I
I
1
Chapter II Fundamental Principles and Growthl Management Policy
I
A. Fundamental Principles
,
,
6. The Metro Plan is based on the premise that Eugene and Springfield, the two existing
cities are the logical providers of services accommodating urban levels of development within
the UGB. The proposed amendments require City Council approVal for annexation to allow
service delivery, or extraterritorial extension of water or sanitary ~ewer service.
B. Metropolitan Goals - Growth Management
1
2. Encourage orderly and efficient conversion of land from rural to urban uses in
response to urban needs, taking into account metropolitan and statewide goals. See Sections
5.7-105 Purpose; Section 5.7-140 Criteria.
B. Metropolitan Goals - Public Facilities and Services
1. Provide and maintain public facilities and services in an efficient and environmentally
responsible manner. See Section 5.7-140 Criteria; Section 5.23-100 Extraterritorial Extension of
Water or Sewer Service.' '
C.
Growth Management Goals, Findings, and Policies
I
I
1. The UGB and sequential development shall continue to be ~mplemented as an essential
means to achieve compact urban growth. The provision of all urban services shall be
concentrated inside the UGB. See 3.3-825; 5.7-140
8. Land within the UGB may be converted from urbanizable to urban only through annexation
to a city when it is found that:
a. A minimum level of key urban facilities and services can be provided to the area in an orderly
and efficient manner. I
2
ATTACHMENT B - 5
b. There will be a logical area and time within which to deliver ~rban services and facilities.
Conversion 0" urbanizable land to urban shall also be consistent with the Metro Plan. See same
'J , I
citations as Policy # 1 above. 1
I
1
10. Annexation to a city through normal processes shall contint,e to be the highest priority.
This ordinance establishes new annexation processes for City Council approvals, consistent with
ORS 222. .
21. When unincorporated territory within the UGB is providediwith any new urban service that
service shall be provided by the following method (in priority order).
i
a.
b.
Annexation to a city;
Contractual annexation agreements with a city;
See Section 5.7-140 Criteria
1
I
I
22. Cities shall not extend water or wastewater service outside city limits to serve a residence or
business without first obtaining a valid annexation petition, a consent to annex agreement, or
when a health hazard annexation is required. See Section 5.23-100 Extraterritorial Extension of
water or sewer service.
Chapter III Specific Elements
A. Residential Land Use and Housing Element
A.4 Use annexation, provision of adequate public facilities and services, rezoning,
redevelopment, and infill to meet the 20-year projected housing demand. These amendments
. vest annexation authority with the Springfield City Council and regulate the efficient delivery of
services through annexation and extraterritorial extension. i
A.8 Require development to pay the cost, as determined by the local jurisdiction, of
extending public services and infrastructure. The cities shall examine ways to provide
subsidies or incentives for providing infrastructure that supp~rt affordable housing and/or
higher density housing. See Section 5.7-125 Annexation Initiation and Application Submittal;
Section 5.7-140 Criteria. !
I
B. Economic Element
I
I
B.25 Pursue an aggressive annexation program and servicing of designated industrial lands in
order to have a sufficient supply of "development ready" land. IThese amendments vest
annexation authority with the Springfield City Council; See Section 5.7-140 Criteria.
I
i
B. 26 In order to provide locational choice and to attract new c9mpus industrial firms to the
metropolitan area, Eugene and Springfield shall place as a higlt priority service extension,
annexation, and proper zoning of all designated special light industrial sites. These amendments
vest annexation authority with the Springfield City Council; See 'Section 5.7-140; Section 5.23-
100. I
I
3
ATTACHMENT B - 6
G. Public Facilities and Services Element
The following policy references are directly applicable to these amendments: G.1, G.2 page
I
III-G-4; G.4, G.6, G.9 page III-G-5; G.11 page III-G-6; G-28 page III-G-13; G.35 page III-G-
14. These amendments address these policies by requiringSpringfJeld City Council approval of
all service extensions with the UGB. The Council decision on such matters is contingent upon
findings of consistency with Section 5.7-140 Criteria, subsection C.: The proposed annexation is
consistent with applicable policies in the Metro Plan and anv applicable refinement vlans or Plan
Districts.
Criteria (2) Conformance with Applicable State Statutes
i
ORS 222 establishes the jurisdiction of cities to regulate and approve annexation of territory and
the extraterritorial extension of services. Senate Bill 417 abolished the Lane County Local
Government Boundary Commission and transferred the annexati~n authority to all cities in Lane
County and to Lane County. These amendments comply with the: requirements of this legislative
act and the Oregon Revised Statute i
I
Criteria (3) Conformance with applicable State-wide Plannin~ Goals and Administrative
Rules
The City's comprehensive plan and development code are ackno~ledged by the State of Oregon to
be in compliance with all applicable statewide planning goals anc\ administrative rules.
This proposed amendment is consistent with the plan policies cited in previous pages and with
ORS, and so, by extension, conforms to applicable statewide plarining goals and administrati:ve
rules. However, the following findings are included in this recorq.
Goal J: Citizen Involvement
1
The proposed amendments are the subject of legislative public he:arings advertised in the Eugene
Register Guard on November 12,2007. The Planning Commiss;on conducted a public hearing on
November 20,2007. The City Council held a publicized work session on November 5, 2007 and a
work session and public hearing on December 3,2007. . !
Goal2: Land Use Planning
1
This goal states: "All land-use plans and implementation ordinarices shall be adopted by the
governing body after public hearing and shall be reviewed and, as needed, revised on a periodic
cycle to take into account changing public policies and circumstahces, in accord with a schedule
set fort in the plan. i
i
"Implementation Measures -- are the means used to carry out the 'plan. These are of two general
types: (I) management implementation measures such as ordina?ces, regulations or project plans,
and (2) site or area specific implementation measures such as permits and grants for construction,
construction of public facilities or provision of services."
These amendments establish the method for annexation to the City of Springfield; the requirement
I
of the application for annexation; notice of the proposed annexation and public hearing; the criteria
of approval for annexation; the process to provide extraterritorial! extension of water and. sanitary
I
4
ATTACHMENT B - 7
sewer; and notice ofthe approved annexation. These changesar~ consistent with existing policies
in the Metro Plan.
Goal3: Agricultural Lands
This goal does not apply within adopted, acknowledged urban gro,Wth boundaries~ The City of
Springfield does not have any agricultural zoning districts. These: amendments do not apply
outside the urban groWth boundary and, because of limitations on :commercial and industrial
development without full urban services, generally do not apply outside the city limits.
I
Goal4: Forest Lands I
I
This goal does not apply within adopted, acknowledged urban growth boundaries. The City of
Springfield does not have any forest zoning districts. These amendments do not apply outside the
urban growth boundary and, because of limitations on commercial and industrial development
without full urban services, generally do not apply outside the citY limits.
I
I
Goal5: Open Spaces, Scenic and Historic Areas, and Natural R~sources
These amendments do not repeal, replace or void existing Metro Plan policy or Development Code
regulations with respect to any identified natural resources. No changes to supporting ordinances
or policy documents adopted to comply with Goal 5 are affected by these amendments.
Goal 7: Areas Subject to Natural Disasters and Hazards
All sites within Springfield subject to these hazards (floodplain, ~rosion, landslides, earthquakes,
weak foundation soils) are inventoried through a variety of sourcbs. These amendments do not
remove or exempt compliance with all other Code standards that ~ay apply to the site upon
annexation.
Goal8: Recreational Needs
Willamalane Park and Recreation district provides for the recreational needs of Springfield through
its oWn park planning. Park needs and facilities are based on existing and projected populations.
These amendments have no influence on population projections because they do not change
permitted density within residential plan designations. These amendments do not influence the
,ability of the park district to acquire land for parks. These amendments will allow the orderly
provision of services to park land as needed. i .
I
Goal 9: Economic Development
This goal is intended to preserve and enhance economic developr;nent activities, including
preservation of sites for industrial and commercial use. These amendments will enable service
extension to be provided to these sites consistent with economic ~evelopment policies contained in
the Metro Plan.
GoallO: Housing
I
I
''to provide for the housing needs of citizens ofithe state."
This goal states:
5
ATTACHMENT B - 8
Consistent with Metro Plan policies AA and A.S, these amendmeAts will facilitate provision of
housing by allowing unserviced land to annex to the City and rec~ive necessary services to enable
urban density development I
I
Goal 11: Public Facilities and Services I
I
This goal states: "To plan and develop a timely, orderly and efficient arrangement of public
facilities and services to serve as a framework for urban and rural I development." Urban facilities
and services include the appropriate types and levels of police protection; sanitary facilities; storm
drainage facilities; planning, zoning and subdivision control; healh. services; recreation facilities
and services; energy and communication services; and communitSr governmental services. These
amendments will enable the timely, orderly and efficient provisioh of these services to land ready
for conversion from rural to urban use.
Goa112: Transportation
This goal states: "To provide and encourage a safe, convenient ~d economic transportation
system." These amendments have no direct relationship to this goal; however, urbanization
requires the comprehensive assessment of all services in a coordinated fashion, therefore
development cannot proceed in the absence of any service, including water, sewer and streets.
Goal 13: Energy Conservation
This goal states: "To conserve energy." The logical and orderl~ provision of urban services is
consistent with the intent of this goal.
I
1
Goa114: Urbanization I
I
This goal states: "To provide for an orderly and efficient transiti~m from rural to urban use."
These amendments vest the City Council with the authority to approve annexation and
extraterritorial extension of services consistent with the Growth Management Policies of the Metro
Plan cited above, ~
Goa115: Willamette River Greenway
This goal states: "To protect, conserve, enhance and maintain the natural, scenic, historical,
I
agricultural, economic and recreational qualities of lands along the Willamette River as the
Willamette River Greenway." These amendments do not exemp~ the applicant's obligation to
comply with the City's existing requirements for development approval within the Willamette
River Greenway. The Greenway provisions allow development ~fpermitted uses in the underlying
zone, provided that all other Greenway requirements are satisfied. The City's adopted,
acknowledged Greenway ordinance will not be changed by thesel amendments.
I
I
Goal 16: Estuarine Resources; Goal 17: Coastal Shorelands; Goal 18: Beaches and Dunes; and
I
Goa119: Ocean Resources I .
These goals do not apply within the boundary of the adopted, acknowledged Eugene-Springfield
Metropolitan Area General Plan.
6
ATTACHMENT B - 9
Chapter 660 of Oregon Administrative Rules establishes interpre~tion of a number of statewide
planning goals. These rules are generally designed to provide clarity or specific instruction
regarding the implementation of the goals. Annexation starts the 60nversion of rural land to urban
density development. That development cannot proceed without Water and sewer service, both of
which cannot be made available without compliance with the pro~osed annexation amendments.
I
OAR 660-011-0000 Purpose states: i
"The purpose of the [publicfacility plan} is to help assure that urban development in such
urban growth boundaries is guided and supported by types and levels of urban facilities and
services appropriate/or the needs and requirements of the urban areas to be serviced, and
that those facilities and services are provided in a timely, orderly and efficient .
arrangement" See Section 5.7-140.
I
OAR 660-011-0060 and 660-011-0065, Sewer Service to Rural L~ds, Water Service to Rural
Lands, respectively, are faithfully implemented by policies G.25-G.32 of the Metro Plan (pages ill-
G-12 and ill-G-13); a fmding of consistency with these policies has been established for these
amendments at page 3 of this findings document. ,
1
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1
OAR 660-018-002 requires the filing of proposed plan amendments or land use regulations with
the Department at least 45 days prior to the initial public hearing and to include the date of the fmal
hearing. The notice was sent to the Department on September 26~ 2007 and included the date of
November 20,2007 for the initial evidentiary hearing and the date of December 3,2007 as the date
for the final public hearing.
7
ATTACHMENT B -10
RECOMMENDATION TO CITY COUNCIL
FOR THE AMENDMENT OF THE
SPRINGFIELD DEVELOPMENT CODE
CHAPTERS 3 AND 5 TO REPEAL
PROVISIONS FOR ANNEXATION AND
REPLACE WITH LANGUAGE CONSISTENT
WITH OREGON REVISED STATUTE 222
BEFORE THE PLANNING COMMISSION
I
OF THE CITY OF SPRINGFIELD, OREGON
I
I
JO. No.ILRP 2007-00026
]
]
]
]
]
]
]
RECOMMENDATION TO THE CITY COUNCIL
PROPOSAL
The 2007 Oregon Legislature adopted Senate Bill 417 on May 10, 2;007; the Governor
signed the law on May 31, 2007; the law was published in Chapter 239 of the 2007 Laws
in June, 2007. These actions abolished the Lane County Local Gov~mment Boundary
Commission (Boundary Commission); extinguished the assessmentito cities and Lane
County providing the funds for the operation of the Boundary Commission; and
terminated the Boundary Commission staff. The effective date oftl1e law is January 1,
2008; therefore the City must adopt and implement new annexation laws by this same
January 1st date. Amendments to Chapters 3 and 5 of the Springfie~d Development Code
(SDC) will properly transfer the authority to approve annexations from the Boundary
Commission to the City Council.
1. On September 26,2007, the City of Springfield notified the; Department of Land
Conservation and Development of the following SDC amen,dments implementing
SB 417: I
Jo. No. LRP 2007-00026 City of Springfield, Applicant - Springfield
Development Code Amendments. '
2. Pursuant to Section 5.2-115 Notice of the SDC, timely and ~ufficient notice of
two separate public hearings was published on November 1~, 2007 in the
Register Guard. ;
I
I
3. The public hearings described above to consider these amendments were held by
the Planning Commission on November 20,2007 and by fu,e City Council on
December 3,2007. The Development Services Department staff notes and
recommendation together with the oral testimony and writtbn submittals of the
persons testifying at those hearings have been considered abd are part of the
record of this proceeding.
ATTACHMENT B -11
CONCLUSION
On the basis of this record, the proposed SDC amendments are consistent with the criteria
of Section 5.6-115 of the Springfield Development Code. This gendral fmding is
supported by the specific findings of fact and conclusion in Attacmrlent 1, Staff Report
and Findings. :
I
ORDER/RECOMMENDATION
It is ORDERED by the Springfield Planning Commission that approval of Jo. No. LRP
2007-00026, be GRANTED and a RECOMMENDATION for approval is forwarded to
the Springfield City Council.
Planning Commission Chairperson
ATTEST
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTACHMENT B -12
RESOLUTION
No.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD
AMENDING THE ADOPTED MASTER SCHEDULE OF MISCELL~OUS FEES AND
CHARGES, RATES, PERMITS, AND LICENSES TO PROVIDE FOR! THE ADDITIONOF
I
"ANNEXATION FEES (MINOR BOUNDARY CHANGES)" AND "EXTRATERRITORIAL
W ASTEW A TER OR WATER LINE EXTENSION."
WHEREAS,ORS 192.440 (3) authorizes a public body to establish fees reasonably calculated to
reimburse it for its actual costs in making such records available including dosts for summarizing
compiling, or tailoring such records, either in organization or media, to meet an individual's request; and
I
WHEREAS, the adopted Master Schedule maintains all rates, permit:fees, license fees, and other
fees and charges at their previous rates except for Annexation Fees (minor boundary changes) and
Extraterritorial Wastewater or Water Line Extension; and
WHEREAS, the opportunity for public comment at a public hearing ~as been provided prior to the
adoption ofthis Resolution.
,
NOW THEREFORE, be it resolved by the Common Councilofthe City of Springfield as follows:
,
I) Except as specifically amended by the addition of "Annexation Fees (minor boundary
changes)" and "Extraterritorial Wastewater or Water Line Extension," all other rates, permit fees, license
fees and other fees and charges for the City of Springfield Master Schedule of Miscellaneous Fees and
Charges, Rates, Permits and Licenses shall remain in full force and effect.
2) Future Resolutions of the Common Council may be adopted to amend, add, or delete any rate,
permit fee, license fee, or other fee or charge. '
3) In the event a particular rate, permit fee, license fee, or other fee Of charge should be held
invalid by operation of law or any court of competent jurisdiction or the enforcement of any fee
restrained by such court pending the final determination as to its validity, the remainder of the rates,
permit fees, license fees, fees and charges specified in the Master Schedule, :Exhibit A, shall not be
~ffected thereby and shall remain in full force and effect. ·
4) This Resolution shall take effect on the 02nd of January, 2008.
This Resolution adopted by the Common Council of the City of Springfield !this 3rd day of December
2007, by.a vote of _ for and _ against.
APPROVED by the Mayor of the City of Springfield this 3rd day of Decemper 2007.
Sidney W. Leiken, Mayor
Attest:
Amy Sowa, City Recorder
" -; .~'
;Xi r,{r[WVt~
Attachment C I
.' \. .) t=ORiJI l
....}o,c:..c.~ ~ ~~
, . - .~. _.J:'-C.U~.~
(,(T OF CiTY ATTORNEY
...:Type IOescriptigQil{!W.
,<""',' - _u.O .".,---_,-'--,., '__,_,'-_'_ ':"'.,,'_".,".""",
Ambulance and Emergency
Medical Services User Fees
Fire and Life Safety
City of Springfield I
Master Schedule of Miscellaneous Fees and Charges,
Rates, Permits, and Licenses I
I
I
Emertencv & Non-Emergency Transport Rates
Base Rate: $1,150.00
Mileage - $15.50 per patient mile - (pro-rated for multiple
patients transported in the same medic unit)
Regular - $1,150.00
Pre-Scheduled Non-Emergency Basic Life
Base Rate: $287.50 (25% of the regular base rate)
Mileage - $15.50 per patient mile
Sit-Up Patients - $575.00 (50% the regular base rate)
Mileage - $15.50 per patient mile
Aid Call- $57550% the regular base rate)
Waiting Time - $60.00 per Yz hour after first Yzhour
Extra Attendant - $75.00
Ambulance Stand-by - $120.00 per hour
Stand-by on Scene Coordinator - (per hour) - $60.00
Helicopter Calls: Actual Vendor Charge
Helicopter Calls in addtion to helicoper and pilot director
charges: Base Rate $900.00.. Mileage at $15,50 iftransport
paramedic crew to location of helicopter
Asphaltic Job Mix Testing
Fee
Public Works $350 for each Public Improvement Project using asphaltic
paving.
5% Tf1chnology Fee (surcharge)
will be applied when imposed
or collected.
Bike Path Maps
Citywide
5% Technology Fee (surcharge)
will be applied when imposed
or collected.
$4.95
Attachment C Exhibit A Page 1 of 12
Council Resolution 11/05/07
Council Resolution
5/21/2007
ORS 192.440 (3) authorizes the public body
to establish fees reasonably calculated to
- reimburse it for its actual costs in making
such records available including costs for
summarizing, compiling, or tailoring such
records, either in organization or media, to
meet the person's request.
c' ..;JVR~'j..'.'..D........e. ~~r.ip~ionJY' .4f'
_ ~ toT:';
Certified Copies
Citywide
Exceptions:
Municipal Courf
Police Reports
Collection Fees
Municipal Court
City of Springfield
Master Schedule of Miscellaneous Fees and Charges,
Rates, Permits, and Licenses I
None established
I
I
$5.00 per file, plus $5.00 notary fee I
1
$15.00 for first 4 pages and $ .50 each additional page, plus
$5.00 notary fee
25%, but not to exceed $250.00.
Fee to be assessed when payment is delinquent. Fee
assessment not dependent upon assignment to a collection
agency,
Attachment C Exhibit A Page 2 of 12
ORS 192.440 (3) authorizes the public body
to establish fees reasonably calculated to
reimburse it for its actual costs in making
such records available including costs for
summarizing, compiling, or tailoring such
records, either in organization or media, to
meet the person's request.
ORS 194.164 establishes the authority to
charge notary fees up to the maximum fees
provided in OAR 160-100-400.
Fees to be charged within the city are set by
Council Resolution.
ORS 137.118 (a) provides the authority to
charge and stipulates the maximum fee
allowed to be 25%, but not to exceed
$250.00.
HB3737A (Admin), (Chapter 801) OR
LAWS 1997 Section 99 permits a
municipal, justice, district circuit court to
recoup the cost of collection action made
necessary by the failure of judgment debtors
in criminal actions to pay timely deferred
payment agreements.
Council Resolution
City of Springfield
Master Schedule of Miscellaneous Fees and Charges,
Rates, Permits, and Licenses I
Municipal Court
Graduated Fee Schedule based on fine amount imposed or Council Resolution
forfeiture amount. Whenever the court forfeits money or
imposes a sentence of a fine, including a sentence imposed I
and thereafter suspended, excluding parking violations, a fee i
addition to such sentence shall be collected. The fee is not i
part of the penalty or in lieu of any part thereof. The amount: 0
I
the fee shall be as follows: I
I
(1) $5 for amounts: $5 to $14.99 I
(b) $15 for amounts: $15 to $49.99 i
(c) $18 for amounts: $50 to $99.99 I
(d) $25 for amounts: $100 to $249.99
(e) $30 for amounts: $250 to $499.99
(f) $66 for amounts: $500 or more
The court is not required to impose the fee if it finds that the I
1
defendant is indigent or that imposition of the assessment i
would constitute an undue hardship. Payment to the court shall
not be credited to the fee pursuant to ORS 137.295 until after
crediting to category 1 (compensatory fines), category 2 (victi
restitution) and category 3 (unitary assessment) have been .
credited in full. .
ORS 151.485 and ORS 161.665 provide the
authority to collect and pay. Council sets
the amounts to be paid by Resolution.
Court Appointed Attorney
Fee
Municipal Court
Municipal Court
Municipal Court
CPR Training
Fire and Life Safety
$50.00 - per case if fail to appear
$75.00 - per case if settled pre-trial
$150.00 - per case if goes to trial
$10.00 FireMed Members
$25.00 Non-FireMed Members
Council Resolution
Criminal History Report
Police
$5,00 first 4 pages and $ .75 each additional page
ORS 192.440 (3) authorizes the public body
to establish fees reasonably calculated to
reimburse it for its actual costs in making
such records available including costs for
summarizing, compiling or tailoring such
records, either in organization or media, to
meet the person's request.
Fees to be charged within the city are set by
Council Resolution.
Attachment C Exhibit A Page 3 of 12
City of Springfield
Master Schedule of Miscellaneous Fees and Charges,
Rates, Permits, and Licenses I
. I
,61"yg~'1 D~Sf~ip!ipQ:',
Deferred Prosecution
Diversion Fee (non-DUll)
Municipal Court
I . .
$50.00 to $250.00 determined by Judge and City Prosecutor on ORS 135.881 and ORS 161.665
a case by case basis. I
Distribution Fee
Municrpal Court 15% of fee
ORS 137.309 (7) (b)
DUll Diversion Administrative
Expense Fee
Municipal Court $100.00
ORS 813.240 (b) sets fee at $100.00 to be
treated as provided for disposition of fines,
costs, and forfeited bail under ORS 153.630
FireMed Membership
Fire and Life Safety $52.00 per year per household for regular membership
Council Resolution 06-12 Mar 20
$47.00 per year per household for Job Care membership
Fire Marshal's Office Fees
Fire and Life Safety
Annual Inspections: $0.
Adopted by Council Resolution 6/18/07.
Authority to set by Springfield Fire Code
1st Reinspection by Engine Company: $0.
2nd Reinspection Fee: $25.00
Referral to Fire Marshal's Office: $60. Ifreferral inspection
exceeds 1 hour, an additional $15. for every 15 minuates
portion (or part thereof) of reinspection time in excess of 1
hour.
Fire Protection and Life Safety System Permits
Adopted by Council Resolution 6/18/07.
Authority to set by Springfield Fire Code
3% of the total valuaiton ofthe work to be pefomed for the
system up to a system's contract value of$50,000.
Then: $3. for each additional valuation of$I,OOO. or portion I
thereof.
Minimun charge shall be no less than $120.
Additional staff time for work performed in excess of2 hourJ:
An. additional $15. for every 15 minute portion (or part there6f)
The above formula will be applied to calculate fees for permit Adopted by Council Resolution 6/18/07.
adopt4ed in the City of Springfield 2007 Fire Code: I Authority to set by Springfield Fire Code
I
I
105.7.1 Automatic fire extinguishing systems and
appurtneances
105.7. 1.1 Fire Supression Sprinkler systems
Attachment C Exhibit A Page 4 of 12
.il,!:Pel.D~~FriR~.i9n.;1i~..~i.
GIS Rates (Standard)
Public Works
City of Springfield I
Master Schedule of Miscellaneous Fees and Ch*ges,
Rates, Permits, and Licenses i
105.7. 1.2 Commercial kitchen hood supression systems
.105.7.2 Battery Systems
105.7.3 Compressed gases
105.7.3.1 Detection systems, liquid and gas leak
systems.
105,7.4 Fire alarm and detection systems and related
equipment.
105.7.5 Fire pumps and related equipment.
105,7.6 Flammable and combustible liquids.
105.7.7 Hazardous materials.
105.7.9 Private water mains and hydrant systems.
105.7.10 Private fire hydrants
105,7.11 Spraying or dipping.
105,7,12 Standpipe systems.
Fire Deoartament New Construction Square Footage Fee
Fee collected by DSD Building Safety Division at !
issuance of building permit as an additional fee through
the Tidemark program. !
a. Each residential square footage created requiring a i
building permit X $0.05; (Example: 1550 sq ft house X i
$.05 = $77,50) .
b. Each commercial square footage created requiring al
building permit X $0.10 ;
Digital Data Requests:
Planimetrics
$60.00 - Hourly Rate (1 hr minimum)
$90.00 - Up to 50 acres
$150.00 - Minimum Charge
I
I
I
$275.00* - Charge per mapsheet (approximately 138 acres) I
$1,280* - Charge per square mile (640 acres) I
* = plus time in excess of 1 hour at $60.00 per hour I
I
I
I
$2.00* - Charge per additional acre above 45 acres
Half Foot Orthoohotograohy
$60.00 - Hourly Rate (1 hr minimum)
$40.00 - One Image
Attachment C Exhibit A Page 5 of 12
Intergovernmental Agreement with Lane
Council of Governments per ORS 190.050
providing authorization to impose and
collect reasonable fees based on market
prices or competitive bids for geographic
data that have commercial value and are an
entire formula, pattern, compilation,
program, device, method, technique,
process, database or system developed with
a significant expenditure of public funds.
Typel...Desc~ipli~!1
5% Technology Fee
(surcharge) will be applied
when imposed or collected.'
Interlibrary Loans
Library
Large Format Copies *
Citywide
5% Technology Fee (surcharge)
will be applied when imposed
or collected.
Microfilm Copies
Development Services
Police
City of Springfield I
Master Schedule of Miscellaneous Fees and Charges,
Rates, Permits, and Licenses I
I
$100.00 - Minimum Charge
$40.00* - Charge per additional image
* = plus hourly rate at $60.00 per hour
Plot Requests
$45.00 - Standard City Maps (without Orthos)
$50.00 - Standard City Maps (with Orthos) I
I
$60.00 per hour - Custom Plot Request: Plot Compilation ~d
Plotting Charge 1
$6.00per linear foot - Custom Plot Request: Copy of a
Completed Plot
$3.00 per item
$3.00 per sheet
*Large Format = 11" X IT' or Larger
$ .75 per page
$15.00 per report
. Attachment C Exhibit A Page 6 of 12
i;i?iitlji~ri.~~f()..S~!i~Sfh~n~,~:il}~i){i'.. ...,
ORS 357.490 provides general powers to
the Library Board to formulate rules and
policies for the governance of the library
and such other activities as the governing
body may assign.
Fee set by recommendation of Library
Board, then Council Resolution.
ORS 192.440 (3) authorizes the public body
to establish fees reasonably calculated to
reimburse it for its actual costs in- making
such records available including costs for
summarizing, compiling, or tailoring such
records, either in organization or media, to
meet the person's request. 5/21/07
ORS 192.440 (3) authorizes the public body
to establish fees reasonably calculated to
reimburse it for its actual costs in making
such records available including costs for
summarizing, compiling or tailoring such
records, either in organization or media, to
meet the person's request.
Fees to be charged within the city are set by
Council Resolution.
Non-Resident Fee for Library
Card
Library
Non-Sufficient Funds Fee
Citywide
Operat!onal Permit Fee
Fire and Life Safety
I
City of Springfield I
Master Schedule of Miscellaneous Fees and Charges,
Rates, Permits, and Licenses I
$60.00 per year
ORS 357.490 provides general powers to
the Library Board to formulate rules and
policies for the governance of the library
and such other activities as the governing
body may assign.
$33.00 per six months
$18.00 per three months
$7.00 per one month
Fees recommended by Library Board, and
adopted by Council Resolution.
$25.00
ORS 30.701(5) provides the authority to a
reasonable fee representing the cost of
handling and collecting on the check. Total
fee for any single check may not exceed
$25.00. Council sets the amountto be
charged by the city by Resolution.
Amount set by Council Resolution.
Authority to charge set by Springfield Fire
Code. 6/18/07
Annual fee for the inspection $325.00 per permit
of occupancies requiring
Hazardous Materials Permits
Operational Permit Fee
Fire and Life Safety
Fee for the inspection of
occupancies requiring
hazardous materials permits.
other than annual permits.
Overdue Item Fee
Library
Library
Library
$325.00 per permit
Amount set by Council Resolution.
Authority to charge set by Springfield Fire
Code. 6/18/07
. I
Videos - $ .50 per day per item, maximum of $2.00 per item I
All other items - $ .10 per day per item, maximum of $2.00 pbr
item
ORS 357.490 provides general powers to
the Library Board to formulate rules and
policies for the governance ofthe library
and such other activities as the governing
body may assign.
Collection fee oflong overdue items - $5.00 per account
Fees recommended by Library Board, and
adopted by Council Resolution.
Attachment C Exhibit A Page 7 of 12
City of Springfield
Master Schedule of Miscellaneous Fees and Charges, .
Rates, Permits, and Licenses I
1
Payment Agreement Fee
Municipal Court
Photocopy Charge
Citywide
Exceptions:
Development Services
Fire and Life Safety
Fire and Life Safety
Library
Municipal Court
Municipal Court
Police Reports
Photographs
Police
ORS 1.202 authorizes fee for establishing
$25.00 for amounts up to $249.00 and/or first payment and administering account for judgment that
agreement. . I. includes monetary obligation; fee for
: 'udgment. (1) All circuit courts and
$50,00 for amounts $250.00 and above and/or for any payment II f h' d II
. .. I . appe ate courts 0 t IS state an a
agreement Issued more than once as a result of delinquent i . . d . . .
t. commiSSions, departments an diVISions of
ac Ion. .
the Judicial branch of state government,
shall add a fee of not less than $25.00 and
not more than $50.00 to any judgment that
includes a monetary obligation that the court
or judicial branch is charged with collecting.
I
No charge for first 5 pages or first half-hour of research time; $
.10 per page thereafter, plus actual cost of City staff time and!
materials required to complete the request. .:
$ .75 for first page, $ .50 per page thereafter.
$10.00 files up to 1 year
$15.00 files over 1 year
$ .10 per copy (coin operated machine)
$5.00 current file
$10.00 archived file
$10.00 first 4 pages and $ .50 each additional page
Actual cost with $5.00 minimum
Attachment C Exhibit A Page 8 of 12
ORS 192.440 (3) authorizes the public body
to establish fees reasonably calculated to
reimburse it for its actual costs in making
such records available including costs for
summarizing, compiling or tailoring such
records, either in organization or media, to
meet the person's request.
Administrative Rule #9 sets fee
Fee exceptions set by Council Resolution
ORS 192.440 (3) authorizes the public body
to establish fees reasonably calculated to
reimburse it for its actual costs in making
such records available including costs for
summarizing, compiling or tailoring such
records, either in organization or media, to
meet the person's request.
Fees to be charged within the city are set by
Council Resolution.
:>.;. ;1l\'VJ7yp,~/.~~~c.ri pt.i.O...............11
::.-;--':) .,: -~"'.' ;-- - ,-:-,.-:,:' " " " '::0':< '-'- ,~"'-",,~"J
Post Monumentation Deposit
for Subdivision and Partition
Public Works
I
I
City of Springfield i
Master Schedule of Miscellaneous Fees and Ch~rges,
Rates, Permits, and Licenses
$2,800 base deposit plus $ 120/Monument
5% Technology Fee (surcharge)
will be applied when imposed
or collected.
Printing Fee
Library
Probation Court Supervision
Fee
Municipal Court
Probation Violation Fee
Municipal Court
5/21/2007
ORS 92.065 (1)
j ORS 357.490 provides general powers to
. ,. : the Library Board to formulate rules and
PrIntmg from publIc computers - first page free, $ .10 per page .. .
th ft I polIcies for the governance of the lIbrary
erea er. .
: and such other activities as the governing
body may assign.
I
$5.00 per month fee for probation supervision and monitoring
of probation cases. Will not apply to DUll or Deferred
Prosecution Diversion. cases.
$25.00 to $50.00 fee for violation proceeding (appearance
show cause order) depending on complexity of proceeding.
Appearance orders: generally $25.00
Show Cause; one issue only or first proceedings: generally
$25.00
Show Cause; multiple issue or prior probation violation
proceeding: generally $50.00
I
I
I
I
Fee will apply on any DUll Diversion or Deferred Prosecution
Diversion cases. Fee may be waived at the discretion of the !
I
Judge. I
Attachment C Exhibit A Page 9 of 12
Fees recommended by Library Board, and
adopted by Council Resolution.
ORS 137.540(a) provides that the court may
sentence the defendant to probation, which
shall be subject to the following general
conditions unless specifically deleted by the
court. The probationer shall:
(a) Pay supervision fees, fines, restitution or
other fees ordered by the court.
ORS 137.540(a) provides that the court may
sentence the defendant to probation, which
shall be subject to the following general
conditions unless specifically deleted by the
court. The probationer shall:
(a) Pay supervision fees, fines, restitution or
other fees ordered by the court.
?J0;,~)g/;t!Xp~l'R~~c;riptiC?.~.
"-_,__.__.__:,,..,_,..,,'.,,/._.,... ,_ ___._,_"'._0__' _ .
Project Bid Books
Citywide
City of Springfield I
Master Schedule of Miscellaneous Fees and Charges,
Rates, Permits, and Licenses I
.."..~'.'......'
....
'.c
. ...:,..
.'5:,'
Minimum of$25.00, but may vary by project.
5% Technology Fee (surcharge)
will be applied when imposed
or collected.
Project Draft Plans
Citywide Minimum of$25.00, but may vary by project.
5% Technology Fee (surcharge)
will be applied when imposed
or collected.
Re-open Fee
Municipal Court $30.00 per case
Fee to re-open a case; to
include costs to retrieve case,
process documents for DMV to
recall abstracts or retrieve
Replacement Fee
Library
Security Releases
Municipal Court
Replacement oflost or damaged item -
List price of item
15% offee, but not less than $5.00 or more than $200.00.
Attachment C Exhibit A Page 10 of 12
...;. .:' I',..
., ,.
."
~;;-4'
/< ~
ORS 192.440 (3) authorizes the public body
to establish fees reasonably calculated to
reimburse it for its actual costs in making
such records available including costs for
summarizing, compiling, or tailoring such
records, either in organization or media, to
meet the person's request.
ORS 192.440 (3) authorizes the public body
to establish fees reasonably calculated to
reimburse it for its actual costs in making
such records available including costs for
summarizing, compiling, or tailoring such
records, either in organization or media, to
meet the person's request.
ORS 192.440 (3) authorizes the public body
to establish fees reasonably calculated to
reimburse it for its actual costs in making
such records available including costs for
summarizing, compiling or tailoring such
records, either in organization or media, to
meet the person's request.
Fees to be charged within the city are set by
Council Resolution.
ORS 357.490 provides general powers to
the Library Board to formulate rules and
policies for the governance of the library
and such other activities as the governing
body may assign.
Fees set by recommendation of Library
Board, then Council Resolution.
ORS 135.265 sets amount offee.
.D.,...,.,.,.""..,..e.',]cri.'.pti.g,.iji~;];,'.:
~,(>::'::"':': '~,' ':.', ','c __ '_u______,_' .-_ -_","",_f~!-.
Special Computer Reports
Municipal Court
Police
Standard Construction
Specification or Engineering
Design Standards and
Procedures Books
Citywide
5% Technology Fee (surcharge)
will be applied when imposed
or collected.
Suspension Fee
Municipal Court
Technology Fee
Public Works
Development Services
Vehicle Recovery Fee
(Impound)
Police
Fee charged to reclaim
vehicles towed relating to DUll:
Driving Under the Influence of
Intoxicants, DWS: Driving
While Suspended, or No DL:
Driving Without a License,
I
City of Springfield r
Master Schedule of Miscellaneous Fees and Charges,
Rates, Permits, and Licenses I
!
$30.00 per hour, with $20.00 minimum
$30.00 per hour, with $20.00 minimum
40.00 each
$15.00
5% of specific development-related charges and fees in the
Building Safety Code Fee Schedul~ the Master Schedule of,
Rates, Permits. Licenses and Other Fees and Charges in the I
Municipal Code, and the Master Schedule of Miscellaneous
Fees and Charges, Rates and Licenses.
The Technology Fee is applied to the specific charges and fees
identified in the above-named fee schedules when collected ~r
imposed. .
$110.00 per vehicle
Attachment C Exhibit A Page 11 of 12
ORS 192.440 (3) authorizes the public body
to establish fees reasonably calculated to
reimburse it for its actual costs in making
such records available including costs for
summarizing, compiling or tailoring such
records, either in organization or media, to
meet the person's request.
Fees to be charged within the city are set by
Council Resolution.
ORS 192.440 (3) authorizes the public body
to establish fees reasonably calculated to
reimburse it for its actual costs in making
such records available including costs for
summarizing, compiling or tailoring such
records, either in organization or media, to
meet the person's request.
ORS 809.267 sets amount offee.
Council Resolution
ORS 809.720 gives authority to establish fee
for recovery of cost of providing service.
I
I
City of Springfield I
Master Schedule of Miscellaneous Fees and Charges,
- I
Rates, Permits, and Licenses I
I
VideolTelephone/Radio Tape
Copy
Police $25.00 per hour, with $25.00 minimum
ORS 192.440 (3) authorizes the public body
to establish fees reasonably calculated to
reimburse it for its actual costs in making
such records available including costs for
summarizing, compiling or tailoring such
records, either in organization or media, to
meet the person's request.
Fees to be charged within the city are set by
Council Resolution.
Warrant Fee
Municipal Court
$50.00
Criminal Code 161.665
,
I
I.
I
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I
Attachment C Exhibit A Page 12 of 12
City of Springfield
Development Code Application Fees
URBAN GROWTH TYPE
BOUNDARY
DESIGN REVIEW CASE TYPES
* Accessory Dwelling Unit $705 $705 Type I
* Demolition of Historic Landmark $3,371 $5,086 Type III
*. Discretionary Use $3,717 $5,606 Type III
* DWP Overlay District Development $990 $990 Type I
* Establishment of Historic Landmark Inventory $1,866 $1,866 Type III
* Final Site Plan Review/Development Agreement (1) See Footnote (1) See Footnote (1) Type I.
* Final Site Plan Equivalent $3,651 $3,651 Type I
* lID Hillside Development Overlay District $888/acre $888/acre Type II
* Historic Commission Review Under Type I $58 $152 Type I
* Historic Commission Review Under Type II $171 $453 Type II
* HS Hospital Support Overlay District $2,834+568/acr~ N/A Type II
* Temporary Use - Emergency Medical Hardship (SDC 36,135) $268 I $268 Type II
* Temporary Use - Manufactured Dwelling (SDC 36.130) $360 $360 Type I
* Minimum Development Standards $705 N/A Type I
* Minor Variance (Up to 30%) $2,362 $2,362 Type II
* Determination of Non-Conforming Use Status $104 $155 Type I
* Non-Conforming Use - ExpansionIModification $3,717 $5,606 Type II
Pre-Submittal Meeting $336 $505 N/A
* Site Plan Review
* a. <10,000 square feet ofimpervious surface $4,099 $4,099
Type II
* b. 10,000 - 100,000 square feet of impervious surface $4,099 ;:~64/100? $4,099 +$264/1000 sq
I Type II
* c. >100,000 square feet of impervious surface $4,099 +$~08/100,0 $4,099 +$308/1000 sq
sq Type II
* Site Plan Review Modification - Major $3,956 $3,956 Type II
* Site Plan Review Modification- Minor $1,205 $1,818 Type I
* Solar Access Guarantee $759 $917 Type II
* Tree Felling Permit Base Fee (2) (3) $956 $956 Type II
* Department of Motor Vehicles Licensing - New $683 $820 Permit
* Department of Motor Vehicles Licensing - Renewal $273 $330 Permit
* Final Site Plan Inspection for Occupancy/LUC/Change of Use $273 $273 Permit
* Land Use Compatibility Statement! Letter $273 $295 Permit
* Plan Review - Minor $116 $277 Permit
* Plan Review - Major $205 $277 Permit
Attachment C Exhibit B Page 1 of 5
City of Springfield
Development Code Application Fees
URBAN GROWTH
BOUNDARY
TYPE
LONG RANGE PLANNING CASE TYPES
*
Amendment of Development Code Text
$7,189
$10,846
Type IV
*
Annexation (minor boundary changes)
N/A
Consisting of: Less Type IV
than 1 acre -$2,080.; 1
acre of more but less
than 5 acres - $2,660.;
5 acres or more but
less than 10 acres -
$3,550; 10 acres or
more but less than 25
acres - $4,480.; 25
acres or more but less
than 50 acres - $5,560;
50 acres or more but
less than 100 acres-
$6,400.; 100 acres or
more - $8,820.
*
Annexation Comprehensive Planning Fee per acre N/A $1,902 Type IV
*
Conceptual Development Plan $13,276 $20,026 Type III
*
Conceptual Development Plan Amendment $5,143 $7,758 Type III
* $2,080 (public &
Extraterritorial Wastewater or Water Line Extension N/A private) Type IV
*
Master Plan Amendment Type I $2,554 $3,830 Type I
*
Master Plan Amendment Type II $5,143 $7,758 Type II
1
* I
Master Plan Amendment Type III $9,391 I $13,729 Type III
I
I
* I
Master Plan Approval $18,266 +$616/acre $27,498 +$616/acre Type III
I
* I
Metro Plan Amendment Type I (acre fee for diagram amendment) $21,119 +$6 I 6/acre $31,859 + $616/acre Type IV
Attachment C Exhibit B Page 2 of 5
City of Springfield
Development Code Application Fees
URBAN GROWTH TYPE
BOUNDARY
* i
Metro Plan Amendment Type II (acre fee for diagram, amendment) $10,242 +$6 1 6/acre $13,137 +$6 1 6/acre Type IV
I
* I
Refinement Plan Amendment (acre fee for diagram amendment) $10,242 +$6 1 6/acre $15,450 +$616/acre Type IV
*
Vacation Public Easements $1,205 $1,818 Type II
*
Vacation ROW, Subdivision Plat and other public property $4,604 $6,946 Type IV
*
Street Name Change $4,604 N/A N/A
SHORELINE CASE TYPES
* Floodplain Development Base Fee (3) (4) $1,073 $1,619 Type I
* Willamette Greenway Overlay District Development:
I
* Greenway Setback Line already established $2,804 I Type III
* I
Greenway Setback Line not already established $5,604 +$568/acre $8,016 +$568/acre Type III
I
SUBDIVISION CASE TYPES
* LDR Subdivision Tentative Plan
* I
a. <2 acres $5,357 + $230/lot N/A Type II
* I
b, 2 acres to 5 acres $7,583 +$379/lot N/A Type II
I
* I
c. 5 acres to 10 acres $10,031 + $602110t N/A Type II
I
* I
d. 10 acres to 20 acres $10,582 +$614110t N/A Type II
I
* ,
e. Greater than 20 acres $11,133 +$669/lot N/A Type II
1
* I
Manufactured Dwelling Park $9,580 I $14,452 Type II
* Manufactured Dwelling Park-Space Line Adjustment $364 I $965 Type I
I
I
* Non- LDR Subdivision Tentative Plan I $9,458 +$568/acre
$9,458 + $568/acre Type II
* Partition Plat (8) $2,599 $2,599 Type I
* Partition Replat Plat (5)(8) $1,781 $1,781 Type I
* Partition Replat Tentative Plan (5)(8) $3,026 $7,989 Type II
* Partition Tentative Plan (8) $4,729 $8,656 Type II
* Property Line Adjustment $604 $912 Type I
* Serial Property Line Adjustments $1,210 $1,823 Type II
* i
Non-LDR Subdivision Plat $3,790 + $616110t $3,790 +$616110t Type I
1
Attachment C Exhibit B Page 3 of 5
City of Springfield
Development Code Application Fees
URBAN GROWTH TYPE
BOUNDARY
* I
Subdivision Plat LDR $740 + $462/1ot $740 + $462/1ot Type I
I
* I
Subdivision Replat Plat (5) $1,781 I $1,781 Type I
* Subdivision Replat Tentative Plan (5) $4,918 $5,951 Type II
* Expedited Land Division (6) Type II
ZONING CASE TYPES
Appeal of Type II Director's Decision (7) $259 $259 Type III
Appeal of Expedited Land Division (7) $311 $311 Type III
Appeal of Type III Decision to City Council $2,254 $3,400 Type IV
Development Issues Meeting $506 $506 N/A
*
Formal Interpretation $1,717 $2,232 Type II
*
Formal Interpretation involving Policy $4,604 $6,946 Type IV
Pre-Application Report $3,450 $3,450 N/A
*
Major Variance $6,164 $9,298 Type III
*
Zoning Map Amendment (8) $5,027 $9,858 Type III
POINT OF SALE
Time Extension for Certain Improvements $312 $1,013 N/A
Postage and Notification Fees:
Type II $155 $155 N/A
Type III $207 $207 N/A
Type IV $259 $259 N/A
Attachment C Exhibit B Page 4 of 5
City of Springfield
Development Code Application Fees
(1) Final site plan and development agreement fee is 10% of the paid site plan fee. I
I
(2) Tree Felling Fees - Tree Felling - Less than five (5) trees no charge or application required; 6-10 trees, base fee ~(see fee schedule) + $50 per tree; > 10 trees,
Base Fee (see fee schedule) + $500 per acre. Filbert Orchards pay base fee only. i..
Any Tree Felling processed after land use activity is conducted without required City approvals shall be charged an additional fee of $200 per tree in addition to
the regular application fee. The City establishes these fees based on the average cost of providing programmatic s~rvice for activities conducted without penn its.
1
(3) An Floodplain pennit processed after land use activity is conducted without required City approvals shall be c~arged an additional fee of $500 per acre in
addition to the regular application fee. The City establishes these fees based on the average cost of providing prog~ammatic service for activities conducted
without pennits.
(4) Floodplain - Subdivision $200 per lot and partitions and site plans $400 per acre in addition to the base fee. Fot development areas >5 acres a $13,650 deposi
~~~ I
1
(5) A reconfiguration of lots or a decrease in the number of lots in a platted partition or subdivision shall be charged the tentative replat/replat plat fee for either
subdivision or partition as appropriate. An increase in the number of lots in a platted partition or subdivision shall,be charged either the partition tentative
plan/partition plat or subdivision tentative/subdivision plat. I
(6) The fee for a Expedited Land Division (ELD) shall be twice the fee calculated for a regular land division plus ~ appeal fee established in ORS 197.380 to
defray costs in event the decision is appealed. If the decision is not appealed, the appeal fee for ELD shall be refunded. A separate postage fee is required for an
ELD. .
(7) This fee is established by ORS 227.175. Council-acknowledged Neighborhood Associations shall not be charg~d a fee for an appeal.
!
(8) The Development Services Department will process citizens-initiated zoning map amendments, for properties where the zoning and plan designation are in
conflict, three times a year beginning in January. There will be no application fee for applicants who choose to util!ize this program, however a Type III
notification fee will be required for each application
~'({j;~{:.:i: '
TechnolollV Fee: All applications will be assessed a 5% technology fee with the exception of Pre-Submittal Meetipg, Development Issues Meeting, Pre-
Application Report, Appeal of Type II Director's Decision, Appeal of Expedited Land Division, and all Point of Sale fees (Time Extension and
PostagelNotification Fees) as indicated on this schedule. Technology Fee will be applied when the identfied appli~ations fees are imposed or collected.
Note for all local aIJIJeals: If an appellant prevails at the hearing or subsequent hearing. The filing fee for the initjal fee shall be refunded. This applies to local
appeals only. The appellant prevails if the hearings body sustains one or more of the applicants allegations and amends, remands or reverses the land use
~~~Q I
Hearin!! Official fee: Any applications except an appeal being processed before the Hearings Official shall pay an :additional fee of$5,000. Any amount not
expended by the Hearings Official snail be returned to the appl icant. Charges in excess of this additional fee shall ~e assessed to the applicant.
I .
Low Income Fee Reduction: Any application fee related to the development oflow income housing or facilities niay be reduced pursuant to the criteria of
Section 1.070(4) of the Springfield Development Code.' I
ExIJedited Processinll Fee: Any request to prioritize and expedite the review of a particular application submittal out of order in which applications are received
shall be approved at the discretion of the Director and shall be charged a non-refundable fee $11,000 or 3 times thejapPlication fee, whichever is greater; where
the development area is greater than 10 acres an additrional fee of $550 per acre will be charged. .
Fee Waiver: The Director may reduce or waive the fee for Temporary Use - Emergency Medical Hardship upon verification oflow income status of the owner
occupant.
Resolution #04-29; July 1, 2004; Fee Increase
Resolution #05-03; January 18,2005; Fee Increase Effective January 19, 2005
Resolution #05-36; June 6, 2005; Fee Increase Effective July 1, 2005
Resolution #06-12; March 20,2006, Effective April 20, 2006
Resolution #06-30; June 19, 2006, Effective August 1, 2006
Resolution #
Attachment C Exhibit B Page 5 of 5