HomeMy WebLinkAboutAIS PLANNER 12/3/2007
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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 CO 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:
ISSUE
STATEMENT:
ATTACHMENTS:
DISCUSSION/
FINANCIAL
IMPACT:
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. (Jo. 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
W ASTEW ATER OR WATER LINE EXTENSIONS."
The 2007 Oregon Legislature abolished the Lane County Boundary Commission
effective January I, 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.
A. Ordinance
B. Planning Commission Findings and Recommendation
C. Resolution adopting a revised fee schedule for annexations
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
prop?sals, ,staff can return in January with some amendment optit)at"'o~Ce'IVed
consideratIOn. . t:: nt::
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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-' J;C,lJ9NS 5.7-105 THROUGH 5.7-165; SECTION 5.12-130;~W~,G:S.EC;~~~})
.23~ ; AND CHAPTER 6 DEFINITIONS, DELETING T~ERM ANN
MENT; 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 ORS 199 (Local Govemment 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
WHEREAS, SDC Section 5,6-100 sets forth procedures for the amendment of this document;
and
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 C~pter 5 The Development Review Process and
Applications for Sections 5.7-100 an~"foo;Jre 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
ANNEXATIONS
Purpose
Applicability
Definitions
Review
Development Issues Meeting
Annexation Initiation and Application Submittal
Notice
Date Received
DEe 0 3 2007
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ATTACHMENT A-1
I.
5,7-135 Recommendation to City Council
5,7-140 Criteria
5.7-145 City Council Decision
5,7-150 Zoning
5.7-155 Effective Date and Notice of Approved Annexation
5.7-160 Withdrawal from Special Service Districts
5.7-165 Appeals'
J[23-40o--EXTRATERRITORIAL EXTENSION OF WATER OR SEWER SERVICE
it
5,23-105 Purpose
5,23-110 Applicability
5,23-115 Review
5.23-120 Application Submittal
~3-125 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
rl health hazard, as defined in ORS 222.840 et seq is determined to exist. Annexation of
ve/\) . :;::)the affected territory so served is required if the territory is within the urban growth
r:"\ r / 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 seq, 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,
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:
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. Date Received
DEe 0 3 2001
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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
[:
_ . -~ ii:?YTj~PP/iCition - _~-
Accessory Dwelling Unit
Amendment of Development Code Tex1
Amendment of Refinement Plan Tex1 or Diagram
Annexation
Appeal of a Type II Director's Decision
Appeal ofType 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
ate' 'al Ex1enslon of ater or ew
~',..
Sa c
- z - oeclSion ..--
_ _Type
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
._";"'APiJ,/icaDle, SDCl
_Sections
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
I'l
~.
~
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
Date Received
Ut.L u 3 200:1
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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 ch'ange 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
fi:'Annenlilln A!lreemeiit. 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 ex1raterritorial ex1ension 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 ex1erior
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~r1aeQeived
ORS 222,040, 222.180 or 222.465,
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A TTACHMENT A - 4
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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.
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Filing. The submittal of materials to initiate a boundary change process.
Initiation Method. Any of the following descriptions of participants and documentation
necessary for commencement of City annexation 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 annexation
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;
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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;
tOe 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 territory, the corporation must be considered the individual owner of that
land,
ATTACHMENT A - 5
Date Rece\ved
DEe 0 3 200'1
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Petition. Any document such as signature sheets, resolutions, 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, Se,ction 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 "5.7-120pevelopment./ssUes'MeetlnlJl
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~nnentiOilli'iili.5lion.anQ;,A;PllbcatiQi'CSijbmTttal....,
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;
Date Received
DEe 0 3 200'1
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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
ii. A majority of the electors registered in the territory proposed to
be annexed and 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 owner 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. Date Received
DEe 0 3 2001
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A TTACHMENT A - 7
10. A Lane County Assessor's Cadastral Map to scale highlighting 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 fulVminimum level of key urban facilities and services.
13. tA:sl~ned Annexation Agre,ement, I re ulre I so seal
t;1t. fJon. I use ~ ~proposecj.aQnexatio~ 'he'A'nnexat'
,Efernent-i;haU.adaress,.at.a.miAimuffitoCQnnectiort'llr.ltltl e enSlo oR)l.E!ic
JacilitiaSlalro"SelVlllElS_neCllOii::t~Cllltlesm tceS'snall'be"lit'the
diSc~olUlt.the.,Gity.rol:l!lleS5.other:wise.[eqUired.by.ORs.,.wher~UbJic.facj,!j,ILes
ana It91ces are avaliab~~~n'lil!1!Xfeii1l'ecI:1he appliCant s a I be reqUired
(toodo.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:
Date Received
ATTACHMENT A - 8
DEe 0 3 2001
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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 Recp"11'Jendation 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. ap-p-licable;-fi~imp~crs;[e>lI'l&Gi!x':/laVlrllE:!\lJ:roitir;ateg-thro'tfglT'lllrAl1nexlion
eement"onith-er mechanism aoorove~..lhe.Ci~ouRci~
SECTION 14: CHAPTER 5 The Development Review Process and Applications, Section
5.7-145 Submittal of the 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:
Date Received
DEe 0 3 2001
ATTACHMENT A - 9
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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-10) 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 Director will 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:
r "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 ~~ tReceived
DEe 0 3 Z001
ATTACHMENT A -10
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annexation to the Lane County Clerk not sooner than 120 days and not later than
90 days prior to the effective date of the annexation.'
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 ro e owner prior to recording the
P.artitie
"I
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
~ived
DEe 0 3 2001
Planner: BJ
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ATTACHMENT A -11
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These regulations govem 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.
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 altemative 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.
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.
~10 Applicability .
These regulations apply to applications requesting the extension and/or connection of water service or
"JAer service outside of the city limits and within the urban growth boundary.
?~-115 Review
...~territOrial extension of water or sewer service applications are reviewed under Type IV procedures,
~3-120 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 proposed 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.
..,...t.23-125 Criteria
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Date Received
DEe 0 3 lOal
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ATTACHMENT A -12
The Director shall forward a written recommendation on the proposed application for extraterritorial
gtension of sewer or water service to the City Council based on the approval criteria specified in A-G of
,u,is Section:
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The property proposed for service is located within the City's urban growth boundary;
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;
The property proposed for service is not vacant;
The provision of service will not prolong uses which are nonconforming uses as specified
in Section 5.8-100;
In the case of an application for ex1ension of water service, the property to be served is
connected with an approved means of sewage disposal;
The proposed ex1ension is consistent with adopted resolutions, policies, plans and
ordinances conceming ex1raterritorial ex1ensions; and
~Even if a proposed ex1ension is inconsistent with the criteria above, the City may approve
n ex1raterritorial ex1ension of water or sewer service: '
'1
1A..S:- . 1. Where a communicable disease hazard exists and the ex1ension is the only
- , practical remedy as specified in ORS 222.840 et seq; or
'I. ~ ~ To property within a dissolved water district within which the Springfield Utility
~ - ;lcoard is providing service to some properties.'
SECTION CHAPTER 6 Definitions, the term "Annexation Agreement" is hereby
deleted:
SECTIO-' ~~severabllity Clause. If any section, subsection, sentence, clause, phrase or
portion of this O~~e 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 a~,)he validity of the remaining portions hereof.
SECTIOr(zIr 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 _ agains~
this _ day of . 2007.
Mayor
Dc:te<f{eceived
DI::.C 0 3 201Y]
Planner: BJ
ATTEST:
APPROVED by the Mayor of the City of Springfield, this _ day of
City Recorder
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ATTACHMENT A -13
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DATE: Jl-:)""1 ...(Jl_
OFFICE OF Glf'( ATTORNEY
MEMORANDUM
City ot'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 dissoluiion 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 aboli~hes 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 Commissi.on 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 final 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 Ciiy 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 accuracy of the form
of annexation (doubleltriple 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 rep9rt 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 t1~~tA Rece'v d
necessary notifications, including Lane County Assessment and Taxation; Lane l:1ohHtr ,I e
Clerk; LCOG GIS; affected schools, utilities and otherserilice providers; Secretary of BWeO 3 20D~n
ATTACHMENT B-1
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the Department of Revenue; and the aftectecl city. All of this work, before and after Council
action, becomes the sole responsibility of City staff, including Development Services, Public
Works, City Manager, Finance and the City Attorney. .
The substance of annexation has changed along with the staffing responsibilities. Under
the Boundary Commission rules (ORS 199) non-contiguous annexations were permitted-
ORS 222 does not allow non-contiguous annexations therefore such,an annexation is not
permitted by the proposed C?de amendments 1. '
The Boundary Commission laws required Boundary Commission approval if water or
sanitary sewer was extended outside the city limits of the service provider, also known as
an extra-territorial extension. ORS 222 recognizes extra-territorial extension fo'r 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 occur through a
contract and consent to eventual annexation. ' The proposed Code amendments 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 unincorpora~ed 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. ' , ' . '
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, The expedited X
procedure' is not included in the provisions of ORS 222 but this absence does not preclude
the G,ity from providing such a process; the draft ordin'ance 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 available 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 Commission was nota 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 maybe subject to 120 day time lines. The draft
ordinance does not speak to the 120 day timeline for processing but it does preserve
annexation agreements as a condition of approval. '
The draft amendments to the Code were released for public review on November 13th,
seven days before the public hearing on the 20th. The Planning Commission 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" provisions (those not
required byORS 222) and forward a recommendation to Council for their consideration
during their public hearing on December 3"'. As was noted in footnote 2, consistency with
the Metro Plan is relevant to those growth management policies that do not include
1 Policy #12, Chapter II-C, page 5 provides as follnws: "When the following'criteria are met, either Springfield nr
Eugene may annex land which is not contiguous to. its bnundaries." This policy is nnw at ndds with the
applicable statute Eugene and Springfield must observe when processing annexations. R' ed
2 The exigent nature nfthis legislatinn makes it imperative that the SDC amendment is in effect g~t~; It I~QeIV
possible to amend the appropriate sections of the Metro. Plan no. such short notice and in any case, ftt~ff 3 200"-'
elected bndies must adopt amendments to this section nf the Metro. Plan. . . ,:!. J
'Planner: BJ
ATTACHMENT B-2
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provisions of ORS 199. Where references to the Boundary Commission or annexation
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 Legislature has invalidated
those provisions. .
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.
Attachments: 1. Staff Report and Findings in Support of Proposed Code Amendments
c 2. Planning Commission FinalRecommendation
3. Proposed Code Amendments
(
Date Received
DEe 0 3 ZO~]I
Planner: BJ
ATTACHMENT B-3
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ATTACHMENT 1 '
SEC AMENDMENT
STAFF REPORT, FINDINGS AND ORDER
APPLICANT
City of Springfield - Journal Number LRP 2007-00026
PR.OPOSAL
Amend Chapters 3 and 5 of the Springfield Development Code to repeal existing
provisions for annexation and replace with new annexation provisions in. comormance with
Oregon Revised Statute 222.
BACKGROUND
The 2007 Oregon Legislature abolished the Lane County Local Government Boundary
Conlmission arid transferred all urban annexation responsibilities to the cities within Lane
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 annexations to the City of
Springfield and all extraterritorial extension of water or sewer service to areas outside the
city limits of Springfield. These amendments describe the method of annexation; the
submittal requirements; the criteria of approval; the reqUirement for contracts, consents and ,
agreements; the requirement of a fee; and the notice obligations for public hearings and
notice of approval. All of the provisions of these amendments are either required by ORS
222, enabled by ORS 222, or a local option in the furtherance of compliance with ORS 222
and the Eugene-Springfield Metropolitan Area General Plan.
SPRINGFIELD DEVELOPMENT CODE CRITERIA OF APPROVAL FOR SDC
AMENDMENTS (5.6-115):
Amendments to the Springfield Development Code are based on conformance with the following
criteria: .
(I) The Metro Plan;
(2) Applicable Stilte statutes;.and
(3) Applicable Statewide Planning Goals and 'Administrative Rule~.
The proposed amendments are intended to implement1the provisions of Senate Bill 417 enacted in
the 2007 Oregon Legislative Session. Senate Bill 417 ~bolishes the Lane County Local
Government Boundary Commission, extinguishes the assessment to cities that funds Boundary
Commission operations, terminates the Boundary Commission staff, aild vests annexation authority
with the cities within Lane County and with L~e County. Cities areno\fl\u~~ ttf9..~}i..an~e d
with the provisions of ORS 222. ORS 222 establishes the method of ann~e~~N e
properties for annexation; circUmstances for requiring annexation for extra-territorial extension of
" .' , ' ' U I: l 0 3 200'lJ'
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ATTACHMENT B - 4
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services; provision of notice for annexation proposals; provision of notice 'of annexation approvals;
provisions for withdrawal from special service districts; and provisions for elections when that
option is selected by a city. The proposed amendments include a purpose statement; ail .
, applicability section; defmitions; the review process; initiation and application submittal; notice;
criteria of approval; withdrawal proc~dures; appeals; and extra-terri.torial extensions.
Criteria (I) Conformance with the Metro Plan
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 applicable to these proposed Code
amendments:
Chapter IT Fundamental Principles and Growth Management Policy
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. Th~ proposed amendments require City Council approval for annexation to allow
service delivery, or extraterritorial extension of water or sanitary sewer service.
B. Metropolitan Goals - Growth Management
2. '. Encourage orderly and ~fficient 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 environmlfnta/ly
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
1. The UGB and sequential development shall continue to be implemented as an essential
means to achieve compact urban growth. The provision' of all urban services shall be
concentrated inside the UGB. See ~3c825; 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.
Date Received
U E C 0 3 2001 ]
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ATTACHMENT B - 5
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b. There will be a logical area and time within which to deliver urban services and facilities.
Conversion of urbanizable land to u,:ban shall also be consistent with the Metro Pian. See same
citations as Policy # 1 above.
IO. 'Annexation to a city through ,normal processes shall continue 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 provided with any new urban service that
service shall be provided by the following method (in priority order).
, a. Annexation to a city;
b. Contractual. annexation agreements with a city;
See Section 5.7-140 Criteria,
22. Cities shal/not extend water or wastewater service outside city limits to serve a residence or
business.withoutfirst 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 ill Specific Elements
A. Residential Land Use and Housing Element
A.4 Use annexation, provision of adequate publicfaci/ities 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. '
A.8 Require development to pay the cost,'as determined by the local jurisdiction, of
, ,
extending public services and infrastructure. The cities shaIl examine ways to provide
subsidies or incentives for providing infrastructure that support affordable housing and/or
higher density housing. See Section 5.7-125 Annexation Initiation and Application Submittal;
Section 5,7"140 Criteria.
B. Economi~ Element
.B.25 Pursue an aggressive annexation program and servicing of designated industrial lands in
order to have a sufficient supply of "development'ready" land. These amendments vest
annexation authority with the Springfield City Council; See Section 5~7-140 Criteria.
B. 26 In order to provide locational choice and to attract new campus industrial firms to the
metropolitan area, Eugene and Springfield shall place as a high 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.
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ATTACHMENT B - 6
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G. Public Facilities and Services El,ement '
The following policy references are directly applicable to these amendments: G.l, G.2 page
lll-G-4; G.4, G.6, G.9 page lll-G-5; ,.G.ll page IIl-G-6; G-28 page Ill-G-B; G.35 page llI-G-
14. These amendments address these policies by requiring Springfield City Council approval of
all service extensions with the UGR The Council deci~ion on such matteis is contingent upon
[mdings of consistency with Section 5.7-140 Criteria, subsection C.: The,vrovosed annexation is
consistent with avvlicable volicies in the Metro Plan and anv avvlicable refinement vlans or Plan
Districts.,
Criteria (2) Conformance with Applicable State Statutes
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 annexation 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
Criteria (3) Conformance with applicable State-wide Planning Goals and Administrative
, '
Rules
The City's comprehensive plan and development code are acknowledged by the State of Oregon to
be in compliance with all applicable statewide planning goals and administrative rules.
This proposed amendment is consistent with the plan policies cited in pre~ious pages and with
ORS, and so, by extension, conforms to applicable statewide planning goals and administrative
rules. , However, the following [mdings are included in .this record. '
Goal I : Citizen Involvement
The proposed amendments .are the subject of legislative pu~lic hearings advertised in the Eugene
Register Guard on November 12,2007. The Planning Commission 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.
. Goal 2:. Land Use Planning
This goal states: "Alllaild-use plans and implementation ordinances 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 circumstances, in accord with a schedule
set fort in the plan. .
"Implementation Measures - are the means used to carry out the plan. These are of two general
types: (I) management implementation measures such as ordinances, 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."
, Theseaffiendments establish the method for annexation to the City of Springfield; the requirement
of the application for annexation; notice of the proposed annexation and P~i: pe~:..the c~teria
of approval for annexation;' the process to provide extraterritorial extensioUaf&'MeeeR1ed
4
DEe 03 200]
Planner: BJ
ATTACHMENT B -7
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sewer; and notice of the approved annexation.
in the ~etro Plan.
These changes are consistent with existing policies
, )
Goal 3: Agricultural Lands
This goal does not apply within adopted, acknowledged urban growth 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.
Goal4: Forest Lands
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, gen~rally,do not apply outside the city limits. ': .
Goal5: Open Spaces, Scenic and Historic Areas, and Natural Resources"
:~
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"
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 t9 supporting ordinances
or policy documents a:dopted to comply with Goal 5 are affected by these amendments.
Goal 7: Areas Subject to Natural Disasters andHazards
. All sites within Springfield subject to these hazards (floodplain, erosion, landslides, earthquakes,
weak foundation soils) are inventoried through a variety of sources. These amendments do not
remove or exempt compliance with all other Code standards that may apply to the site upon
annexation.
Goal8: Recreational Needs
WiIlamalane 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 amendment~ 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.
Goal9: Economic Development
This goal is intended to preserve and enhance economic development 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 development policies' contained in
the Metro Plan. ' ' .
Goal 10: Housing .
Th. I :'( 'd fi th h'. d' f . . . fth Date Received
IS goa states: 0 proVI e or e ousmg nee S ,0 91tlzens 0 estate.,
ul:.e 0 3 206.'11
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ATTACHMENT B - 8
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Consistent with Metro Plan policies A.4 and A.S, these amendments will {acilitate provision of
housing by allowing unserviced land to almex to the City and receive nece,ssary services to enable
urban density development "
Goal 11 : Public Facilities and Services
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 development." Urban facilities
and services include the appropriate types and levels of police protection; sanitary facilities; storm
drainage facilities; planning, zoning and subdivision control; health services; recreation facilities
and services; energy and communication services; and conimunity govemInental services. These
amendments will enable the timely, orderly and efficient provision of these services to land ready
for conversion from rural to urban use. ' .
Goal12: Transportation
, ,
This goal states: "To provide. and'encourage a safe,.convenient and econolnic:transportation
system." These amendments have no direct relationship to this goal; however, urbanization
requires the comprehensive assessment of all services in a coordinated fas~ion, therefore
development cannot proceed in the absence of any service, including wat~f' sewer and streets.
Goal13: Energy Conservation
This goal states: "To conserve energy." The logical and orderly provision of urban services is
consistent with the intent of this goal.
Goal14: Urbanization
This goal states: "To provide for an orderly and efficient transition from rural to urban use."
These amendments vest the City Council willi the authority to approve anriexation and '
extraterritorial extension of services consistent with the Growth Management Policies C?f the Metro
Plan cited above '
Goa115: Willamette River Greenway
This goal states: "To 'protect, conserve, enhance and maintain the natural,; scenic, historical,
agricultural, economic and rec'reationai qualities of lands along the WiIlamette River as the
WiIlamette River Greenway." These amendments do'not exempt the applicant's obligation to
comply with the City's existing re.quirements for development approval within the Willamette
River Greenway. The Greenway provisions allow development ofpermi~ed uses in the underlying
zone, provided that all other Greenway requirements are satisfied. The Ci~'s adopted,
acknowledged Greenway ordinance will not be changed by these amendments.
'Goa116: Estuarine Resources; Goa117:, Coastal Shorelands; Goal 18: Beaches and Dunes; and
Goa119: Ocean Resources
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Chapter 660 of Oregon Administrative Rules establishes in;~'I'.~;ation 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 conversion 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 proposed anhexation amendments.
OAR 660-011-0000 .Purpose states:
"The purpose of the {public facility planJ 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 for the needs and requirements of the urban areas to be serviced, and
that those facilities and services are provided in a timely, orderly a,!d efficient
arrangement" See Section 5.7-140.
OAR 660-011-0060 and 660-011-0065, Sewer Service to Rural Lands, W~ter Service to Rural
Lands, respectively, are faithfully implemented by policies G.25-G.32 of the Metro Plan (pages III-
G-12 and III-G-13); a fmding of consistency with these, policies has been ~stabjished for these
amendments at page 3 of this findings document. '
,
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 arid inciuded 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
Date Received
Ul::l 03 200~7J
Planner: BJ
ATTACHMENT B -10
BEFORE THE PLANNING COMMISSION
OF THE CITY OF SPRINGFIELD, OREGON
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 ]
RECOMMENDATION TO THE CITY COUNCIL
10. NO. LRP 2007-00026'
. ;1
PROPOSAL
"
The 2007 Oregon Legislature adopted Senate Bill 417 on May 10, 2007; the Governor
,signed the law on May 31, 2007; theJaw was published in Chapter 239 of the 2007 Laws
in June;2007. These actions abolished the Lane County Local Government Boundary
, '
Commission (Boundary Commission); extinguished the assessment to cities and Lane
County providing the funds for the operation of the Boimdary Commission; and
terminated the Boundary Commission staff. The effective date of the law is January I,
2008; therefore the City must adopt and implement new annexation laws bYlthis same
January 1st date. Amendments to Chapters 3 and 5 of the Springfield 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 qfSpringfield notified the Department of Land
Conservation'and Development of the following SDC amendments implementiilg
SB417:
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 sufficient notice of
two separate public hearings was published on November 12, 2007 in the
Register Guard.
3. The public hearings described above to consider these amendments were held by
the Planning Commission on November 20, 2007 and by the City'Council on
December 3, 2007. The Development Services Department staff notes and
recommendation together with the oral testimony and written submittals of the
persons testifying at those hearings have been considered and are pllljt.pf the
record of this proceeding. ".... , uate Received
UtL 0 3 20Q'L
Planner: BJ
ATTACHMENT B -11 J
CONCLUSION
OiI the basis of this record, the proposed SDC amendments are consistent \\jth the criteria
of Section 5.6-115 of the Springfield Development Code. This general fmding is
supported by the specific fmdings of fact and conclusion in Attachment 1, Staff Report
and Findings.
ORDERlRECOMMENDATION
Itis ORDERED by the Springfield Planning Commission that approval of 10. 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:
... Dafe Received
Ute 0 3 200-!;
Planner: BJ
ATTACHMENT B -12
,""-",
RESOLUTION
No.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIEJ:ll
AMENDING THE ADOPTED MASTER SCHEDULE OF MISCELLANEOUS FEES AND
CHARGES, RATES, PERMITS, AND LICENSES TO PROVIDE FOR THE ADDITIONOF
"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 costs for summarizing
compiling, or tailoring such records, either in organization or media, to meet an individual's request; and
WHEREAS, the adopted Master Schedule maintains all rates, permit fees, license fees, and other
fees and charges at theirprevious rates except for Annexation Fees (minor boundary changes) and
Extraterritorial Wastewater or Water Line Extension; and
WHEREAS, the opporttinity for public comment at a public hearing has been provided prior to the
, adoption ofthis Resolution.
NOW THEREFORE, be it resolved by the Common Council of the 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 Extensiof)," all other rates"permit fees, license
fees and other fees and charges for ti!e 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 or 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 ofthe rates,
permit fees, license fees, fees and charges specified in the Master Schedule, Exhibit A, shall not be
affected thereby and shall remain in full force and effect. I
4) This Resolution shall take effect on the"02"' 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 December 2007, :
Sidney W. Leiken, Mayor
Date Received
DEl 0 3 2007J
I_J
Attest:
Planner: BJ
Amy Sowa, City Recorder,
.7, r?PRG1~JEa;
Attachment C I
,,\, ',~ ~Ghi!j l
0~C,(>"" J ~t'\-1
, "=-_-.!lti~ 11)'
. ,;:T '~:F r,!T! P;TTORNEY
\i~rYp~~'~LP~,~!~:ti,;R~~g:ijtlx~f
Ambulance and Emergency
Medical Services User Fees
Fire and Life Safety
City of Springfield
Master Schedule of Miscellaneous Fees and Charges,
Rates, Permits, and Licenses
1 ;mertencv 1& Non-Emeroenc~ Transnort Rates
Base Rate: $1,150.00
Mileage - $15.50 per patient mile - (pro-rated for multiple
patients transp,orted in the same medic unit)
Regular" $1,150,00
Pre-Scheduled Non-Ememencv Ba."iic Life
,w 'u&:lI'?"tli'~'ty' "'t"'8 't~/'~h""" ".<"""N'"
'hfBtl;~JU1~~u O_fl ,- o>e',iC ange,;!~-~:<>;:}l,!
MXti("""" 2r~:i!;;q::(1ii",,~'<f;;i1-,?-,,"'4;~~I'\'"CI';,~,,_~,:;~..,'io!;';:!f~X~;\'
Council Resolution 11/05/07
"
<
Base Rate: $287,50 (25% of the regular base rate)
Mileage - $15.50 per patient mile
Sit-Un Patients" $575,00 (50% the regular base rate)
Mileage - $15:50 per patient mile
Aid Call - $575 50% the regular base rate)
Waiti~g Time - $60.00 per Y, hour after first Y, hour
Extra Attendant - $75,00
Ambulance Stand-by. - $120.00 per hour
Stand-by on Scene Coordinator _ (per hour) - $60.00
Helicooter Calls: Aciual Vendor Charge
HeIiconter Calls in addtion to helicooer and oHat director
charges: Base Rate $900.00 .. Mileage at $15,50 if transport by
paramedic crew to, location of helicopter . ~
Asphaltic Job Mix Testing
Fee
Public Works $350 for each Public 1mp(ovement Project using asphaltic
paving.
5% Technology 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
Cou~cil. Resolution
5/21/200,'
ORS 192.440 (3) authorizes the public body
to establish fees reaSonably calculated to
reimbuise 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 th~ person's request.
:'
uate Fieceiveu
. f-
Ul:l 0 3 20011
, . Li
Flanner: BJ
,
"
City of Springfield
Master Schedule of Miscellaneous Fees and Charges, '
Rates'- PermitS, and Licenses
Certified Copies
Citywide
None established
Exceptions:
MUnicipal Court
Police Reports
$5,00 per file, plus $5.0.0 notary fee
$15.00 for first 4 pages and $ .50 each additional page,~lus
$5.00 notary fee
Collection Fees
Municipal Court '
25%, but not to exceed $250.00,
Fee to be l\Ssessed when payment is delinquent. Fee
assessment not dependent upon assignment toa 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;1 either in orgaIfization or media, to
ineetth~ person's request.
ORS 19~,164 establishes the authority to
charge notary fees up to the maximum fees
provided in OAR 160-100-400,
I
Fees ici 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
paymen~ agreeme~ts.
,;
Council:Resol~tion
,
Date Received
Utl 0 3 2001
Planner: BJ
City of Springfield ,
Master Schedule of Miscellaneous Fees and Charges,
Rates, Permits, and Licenses
Conviction Fee
Municipal Court
Court Appointed Attorney
Fee
Municipal Court
Municipal Court
Municipal Court
CPR Training
Fire and Life Safety
Criminal History Report
Police
Graduated Fee Schedule' based on fine amount imposed or
forfeiture amount. Whenever the court forfeits money or
imposes a sentence of a fine, including a sentence imposed
and thereafter suspended, excluding parking violations, a fee i,
addition to such sentence shall be collected. The lee is not
part 01 the penalty or in lieu of, any part thereof, The amount 01
the lee shall be as lollows: .
(1) $5 for amounts: $5 to $14.99
(b) $15 for amounts: $15 to $49,99
(c) $18 for amounts: $50 to $99,99
(d) $25 for amounts: $100 to $249.99
(e) $30 for amounts: $250 to $499.99 ,
rn $66 for amounts: $500 or more
Council,Resolution
.Ii
The court is not required to impose the fee il it finds that the
defendant is indigent or that imposition of the assessment
would constitute an undue hardship. Payment to the'court shall
not be credited to the lee pursuant to ORS 137.295 until after
crediting to category 1 (compensatory fines), category 2 (victlrr
restitution) and category 3 (unitary assessment) have,been
credited in full,
$50.00 - per case iffail to appear
$75.00 - per case if settled pre-trial'
$150.00 - per case if goes to trial
, ORS 151.485 and ORS 161.665 provide the
authoritY to collect and paY: Council sets
the amo~nts to be paid by Resolution.
$10,00 FireMed Members
$25.00 Non-FireMed Members
Council' Resolution
$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 CExhibit A Page 3 of 12
Date Received
UI:.C 03 20oj)
rH
[',I ':'4 n ~I"l" f~, r' .h:>:.,)
\", _:#~~ [;:. c..... JJ
Deferred Prosecution
Diversion Fee (non-DUll)
Municipal Court
--,
,~- '
City of Springfield
Master Schedule'of Miscellaneous Fees and Charges,
. Rates, Permits, and Licenses
~"","\liAutlioHty':fo Set:!Ch',,"ri "'",'!:j:"N:Sj'
~")N'iif!,~~\ilif(~Ot"4,.,;;,;it'j?-9\;,,,,t:'~"fMS1.fti:fBI:;m~,,~~'iJ,;i1;;~';'';;;
$50.00 to $250,00 detennined by Judge and City Prosecutor on ORS 135.881 and ORS 161:665
a case by case basis.
Distribution Fee'
Municipal Court 15% offee
DUll Diversion Administrative
Expense Fee
Municipal Court $100.00
FireMed Membership
Fire and Life Safety $52,00 per year per household for regular membership
Fire Marshal's Office Fees
Fire and Life Safety
$47.00 per year per household for Job Care membership
Annual Insnections: $0.
1st Reinspection by Engine Company: $0:
2nd Reinspection Fee: $25.00'
Referral to 'Fire Marshal's O~ce: $60, Ifreferral inspection
exceeds I hour, an additionai$15. for every 15 minuates
portion (or part thereof) of reinspection time in excess of 1
hour.
Fire Protection and Life Safety System Permits
3% of the total valuaiton of the work to be pefomed for the
system up to a system's contract value of $50,000,
Then:, $3. for each additional valuationof$I,OOO. or portion
thereof.
Miniinun charge shall he no less than $120.
Additional stafItime for work performed in excess of2 hours:
An' additional $15. for every 15 minute portion (or part thereof)
ORS 137.309 (7) (b)
ORS 813,240 (b) sets fee at $100.00 to he
treated 'as provided for disposition of tines,
co~ts, ahdforfeited bail under ORS 153,630
Council Resolution 06-12 Mar 20.
Adopted by Council Resolution 6/18/07,
Authority to set by Springfield Fire Code
Adopted by Council Resolution 6/18/07.
Authority to set by Springfield Fire Code
"
The above fonnula will be annlied to calculate fees for nermits Adopted by Council Resolution 6/18/07.
adont4ed in the City of Snnnj,field 7007 Fire Code: Authority to set by Springfield Fire Code
105.7.1 Automatic fire extinguishing systems and
appurtneances
105.7. 1.1 Fire Supression Sprinkler systems,
,AttachmentC Exhibit A Page 4 of 12
Date Received
lJEl 0 3 200,lj
Planner: BJ
, ::~^~~<<~:t;~'J_~Rs!W;Ji~~flB~J_gjj~~~;J~l
GIS Rates (Standard)
Public Works
City (If Springfield.
Master Schedule of Miscellaneous Fees and Charges,
Rates, Permits, and Licenses
105.7.1.2 Cornmercial 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 ~nd related
equipment.
105.7.5 Fire pumps and re!ated equipment.
105,7,6 Flammable and cO,mbustibleliquids,
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 Denartarhent New ConstTuction Sauare Footarre 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
building permit X $0,05; (Example: 1550 sq ft house X
$.05 = $77.50)
b. Each commercial square footage created requiring a
building permit X $0.10
Digital Data Requests:
Planimetrics
$60.00 - Hourly Rate (I hr minimum)
$90.00 - Up to 50 acres
$150,00 - Minimum Charge
$2.00' - Charge per additional acre above 45 acres'
$275.00' - Charge per mapsheet (approximately 138 acres)'
$1,280' - Charge,per square mile (640 acres)
. ~ plus time in excess of I hour at $60.00 per hour
Half Foot OrthoohotolITaoh~
$60,00 - Hourly Rate (I hr minimum)
$40,00 - One Image
Attachment C Exhibit A Page ~ of 12
:-lIti^~~ ,>~utli'onnftQiSet1flGh'ilne1#11~~'1jtt~\t
~ ;'i" ~Y.'="'=""'>iii"~! '''*'''''''''''''''"'''--'':f.'''~'0<-.g_''i',-1l.'^'l-''~N':
--.. _. . 'M _"~__""'_~"''"''~''''''''''_;''''"'''''''<W''''''''_''''_'''.''_'> ~""""
Intergovernmental Agreement with Lane
Council of Governments per ORS 190,050
providijig authorization to impose and
collect feasonable fees based on market
pri~es or competitive bids for geographic
data that have commercial value and are an
entire fonnula,'pattem, compilation,
prograrg., device, methqd, technique,
process; database or system developed with
a s~'gni~cant expenditure of public funds.
Date Received
DEe 03 2001"l
e.r'
Wlanner: BJ
. !(t\K~~~~-~~1t~J~,e!~_~-tt~ti;eQXf~:i~;{."
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
Master Schedule of Miscellaneous Fees and Charges,
Rates, Permits, and Licenses
$100,00 - Minimum Charge
$40.00' - Charge per additional image
o = plus hourly rate at $60,00 per hour
Plot Reauests
$45.00 - Standard City Maps (without Orthos)
$50.00 - Standard City Maps (with Orthos)
$60.00 per hour - Custom Plot Request: Plot Compilation and
Plotting Charge
$6.00 per linear foot - Custom Plot Request' Copy of a
Completed Plot
$3.00 per item
$3.00 per sheet
*Large Format =.1111 x 1711 or Larger
$ .75 per page
$15.00 per report
Attachment C Exhibit A Page 6 of 12
~}'r0~;\:t?~~f~udi(rn~'io;Se(11ehange~,~~~.wff;i; "
0?"-~_'it-\,,,.~f(':\,:;,~,'tiiV,,,h;:~?'SS~;lf'.W+-:-;:"!ilr-r;rj'lf:""",~*,~~W/!If
ORS 357.490 provides general powers to
the Library Board to fonnulate rules and
policies for the govemance 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 rec"ords available including costs for
summarizing, compiling or tailoring such
records,_either in organization or media, to
meet t~e person' s reque~t.
Fees to be charged within the city are set by
cou'Bat&tAeceived
UEe 0 320Qi;
P,lanner: BJ
I -,:i4:\h~~,Jffi-~'.'e!rDes-c-ri~tionr-ii'~~~n
ty1(~>&~~"YP,"'^/-~'",'x_"''0,R~,.t~"_~if#!f,-S'_'"
J'*L;::>'__";....'m'._">"'.,..~0",">...._A ',. ,..,"'""-.__.,,,...._....,':'"',,'
Non-Resident Fee for Library
Card
Library
Non-Sufficient Funds Fee
'Citywide
Operational Permit Fee
Fire and Life Safety
Annual fee for the inspection
of occupancies requiring
Hazardous Materials Permits
Operational Permit Fee
Fire and Life Safety
City of Springfield
Master Schedule of Miscellaneous Fees and Charges,
Rates, Permits, and Licenses.
$60.00 per year
$33.00 per six months
$18.00 per three months
$7.00 per one month
$25,00
$325.00 per permit
Fee for the inspection of $325,00 per permit
occupancies requiring
hazardous materials permits'
other than annual permits,
Overdue Item Fee
Library
,
Library
Library
Videos '. $ .50 per day per item, maximum of $2.00 per item
All other items. $ .10 per day per item, maximum ot'$2.00 per
item
Collection fee oflong overdue items '- $5,00 per account
,
Attachment C. Exhibit A Page 7 of 12
;"ii.'t' iiX:A"th'-~'~Y'iS Y').(:::1i "--p;;~Iij""
'~~~tfJt~~~-~~;X;~iY-;~_\t0~:~~_r~~;:~
ORS 357.490 provides general powers to
the Library Board to formulate rules and
policies for the governance of the library
and such other activi~ies as the governing
body may assign,
Fees recommended by Library Board, and
adopted by Council Resolution.
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
$25,00, Council sets the arnounl'to be
charged by the city by Resolution,
Amount set by Council Resolution,
Authority to charge set by Springfield Fire
Code. 6/18/07
Amount set by Council Resolution.
Authority to charge set by Springfield Fite
Code, 6/18/07
ORS 357.490 provides general powers to
the Library Board to formulate rules and
policiesJor the governance of the library
and such other activities as the governing
body may assign. '
.,
Fees recommended by Library Board, ';'d
adopted by Council Resolution,
Date; nGceiveEI- '
DEe 0 3 2001'
'--.!
Planner: BJ
~}'~;n;r:'lYp.emDes"cription~~i;~~
"~':-/Fo,JE-"*, ,t."\"'3id1ti!Jli'1IF'$,~;'i",.;>i<1t';~",,N~:'+)
Payment Agreement Fee
Municipal Co~rt
Photocopy Charge
Citywide
Exceptions:
Development SeNices
Fire and Life Safety
Fire and Life Safety
Library
Municipai Court
Municipal Court
Police Reports
Photographs
Police
City of Springfield
Master Schedule of Miscellaneous Fees and Charges,
Rates, Permits, and Licenses
~~W<;;;'k'.;\utliority;tii:Sef'/L€naDge~~~;'f'"
",-~~~",<,'1~',J74r~,"Cj+~,^~~,,'_-~~~,~,,:i_,+,i?;,>:,~-,>_..
ORS 1.202 authorizes fee for establishing
$25.00.for amounts up to $249,00 and/or first payment and adrp.inistering account for judgment that
agreement. . " ~nc1ud~s monetary ~bli~ation; fee for
" , Judgment. (I) All ClrCUlt courts and
$50.00 for amounts $250.00.and above and/or for any payment '
. ',appellate courts of this state and all
agreement Issued more than once as a result of delinquent
n' commissions, departments and divisions of
ac on. . , .
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 brancb is charged with collecting.
No charge for first 5 pages o~, firsthalf-hour of research time, $
.10 per page thereafter, plus actual cost of City stafftilIle 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 tees 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 th~ person's reques~.
"
Fees to be charged within the city are sel by
Councif Resolution.
Date Received
lJEC 0 3 2001)
Planner: BJ
~~~'~~~t:~~~)).ij.~:!i1{,~~,~t'~!J?~~~~;,l~~~\l
Post Monumentation Deposit
for Subdivision and Partition
Public Works
~-
City of Springfield
Master Schedule of Miscelianeous Fees and Charges,
Rates, Permits, and Licenses
,
5/21/2007
, $2,800 base deposit plus $120lMonument
5% Tech_n%gy Fee (surcharge)
, will be applied when imposed
or collected.
Printing Fee
Library Printing from public computers - first page free, $ .10 per page
thereafter.
Probation Court Supervision
Fee
Municipal Court
Probation Violation Fee
Municipal Court
$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 and
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
Fee will apply on any DUll Diversion or Deferred Prosecution
Diversion cases. Fee may be wai~ed at the discretion of the
Judge. ' '
I
Attachment C'Exhibit A Page 9 of 12,
ORS 92,065 (I)
ORS 357.490 provides general powers to
the Library Board to formulate rol~s and
policies for the govemance of the library
and such other activities as the governing
body may assign,
Fees recommended by Library Board, and .
adopted by Council Resolution.
ORS 13,7.540(a) provides that the court may
sentence the defendant to probation, which
shall be,subject to the following generj,j
conditiofls unless specifically deleted by the
court. The probationer shall:
,
i
I
(a) Pay supervision fees, fines, restitution or
other fe~s 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 ~upervision fees, fines, restitution or
other fees ordered by the court.
. Date Received
: UEl 0 3 20011
. i --
Planner: BJ
,-
City of Springfield
Master Schedule of Miscellaneous Fees and Charges,
Rates, Permits, and Licenses
W~~~~~W~I~p.~:~;R~~~c~:~~R!j,.~!1j'T:]:t;:~1H~
Project Bid Books
Citywide Minimum of$25.00, but may vary by project.
~,A~~,~jt<lj:(utiloritYi,to' Sef/~Ch:in'ge1~t1~~;; :~:
",. Ji'" ,',d! ,"t~ 'f._;i", ,~,) '3\'_^"c:'HF. ,";g~,. '<~ ~,,,,^,-};;;'~._,_,\\;i'f,", ,I,,,d_ /~
5% Technology Fee (surcharge)
will be applied when imposed
or collected,
Project Draft Plans
Citywide Minimum of$25.00, but may vary by project.
ORS 192.440 (3) authorizes the public body
to establish fees reasonably ca1culat~d to
reimburse it for its actual costs in making
such records available including costs for
summa#zing, compiling, or tailoring such
records; either in orgmization or media, to.
meet the person's request.
5% Technology Fee (surcharge)
will be applied when imposed
or collected.
Re-open Fee
Municipal, Court $30.00 per case
ORS 192.440 (3) authorizes the public body
to establish fees reasonably calculated to
reimburse it for its actual costs in making
I '
such records available including costs for
summarizing. compiling, or tailoring such
records; either in organization or media, to
meet th'~ person I s request.
Fee to re-open a case; to
include costs to retrieve case,
process documents for DMV to
recall abstracts or retrieve'
ORS 192.440 (3) authorizes the public body
to establish fees reasonably calculated to
reimburse it for its actual costs in making
such records avaiJableincluding costs for
summarizing, compiling or tailoring such
~ecords'; either in organization or media, to
meet the personls request.
"
I
"
Fees to'be charged within the city are set by
Councq Resolution.
Replacement Fee
Library
Replacement of lost or damaged item -
ORS 357.490 provides general powers to
the Lib~ary Board to formulate rules an~
policies' for the governance of the librat)'
and such other activities as the governing
body m:ay assign.
List price of item
Fees set by recommendation of Library
Board, then Council Resolution,
"
Security Releases
Municipal Court
15% of fee, but not less than $5.00 or more ~an $200.00.
ORS 135.265 sets amount offee.
Date Received
DEe 0 3 200Ft':
1.,"-'
f?lanner: BJ
Attachment C,ExhibitA Page 10 of 12
'~1f;~if~~"!Y:_R~~;e~!?:t!ijt~~~~~~
Special Computer Reports
Municipal Court
Police
Standard Construction
Specification or Engineering
Design Standards and
Procedures Books
Citywiqe
5% Technology Fee (surcharge)
will be applied when imposed
or collected.
Suspension Fee
, Municipai 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,
,-
City of Springfield
Master Schedule of Miscellaneous Fees and Charges,
Rates, Permits, and Licenses
$30.00 per hour, with $20.00 'minimum
$30,00 per hour, with $20.00 minimum
40.00 each
$15.00
5% or specific development-related charges and rees in the
Buildin. Safety Code Fee Schedule, the Master Schedule of
Rates. Permits. Licenses and Other Fees and Char~es in the
Municinal Code_ and the Master Schedule of Miscellaneous
Fees and Charl?es. Rates and Licenses..
The Technology Fee is applied to the specific charges and rees
identified in the above-named ree schedules when collected or
imposed.
$110.00 per vehicle
Attachment CExhibit A Page 11 of 12
c ,
T\:'il:~i'i. 'iAiitliori!Y:-ti)"Se((Ch"iiiige'~\!'~J."
~!6!$i."J.~'tf'~1!f$~"K,;~~.A"""!'{.';{\~W7~1'\\iA~,,'i~iil~""';-',
ORS 192.440 (3) authorizes the public body
to establish fees reasonably calculated to
reimburse it for its actual costs in making
such records available including costs for
summarizing, compiling or tailoring such
records, either in organization or media, to
meet the person's request.
Fees to be charged within the city are set by
Council Resolution.
ORS 192.440 (3) authorizes the public body
to establish fees reasonably calculated to
reimburse it for its actual costs in making
such records available. including costs for
summarizing, compiling or tailoring such
records., either in organization or media, to
meet th~ person' s request.
ORS 809.267 sets amount of fee,
,
Council Resolution
ORS 809,120 gives authority to establish fee
for reco~ery of cost of providing service.
Date Received
DEe 0 3 2001:
. __J
P'lanner: BJ
\i;~~~~1,lYRijUpDe's'cliPti,o~~~~&
ft;;{"'it,;;(iij)+.';~~,,...iX,);!~'if;If:i\~;l ",;,'''~$':bX:" -~ht"
VideofTelephone/Radio Tape
Copy'
Police
Warrant Fee
Municipal Court
,'-
City of Springfield
Master Schedule of Miscellaneous Fees and Charges,
Rates, Permits, and Licenses
c
$25.00 per hour, with $25.00 minimum
$50,00
Attachment CExhibitA Page 12 of 12
*!'K'f$J~~~A:utllon~~'-io'tSei1):Chaife~f~~i_\1~
~~14>?Le$i\".<2:;?L0.S"mr'~i0.f,&""i>>~~f~,,~,,~~~f.-',i'ii
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 th,e person's request.
Fees to'be charged within the city are set by
Council Resolution.
Criminal Code 161.665 .
Date Received
Ut.l 0 3 200:5-: '
Planner: BJ
City of Springfield
Development Code Application Fees
URBAN GROWTH TYPE
BOUNDARY
DESIGN REVIEW CASE TYPES
* Accessory Dwelling Unit $705 $705 Type!
( * Demolition of Historic Landmark $3,371 $5,086 Type ill
*' Discretionary Use $3,717 $5,606 Type ill
* DWP Overlay District Development $990 $990 Type I
* Establishment of Historic Landmark Inventory $1,866 $1,866 Type III
* Final Site Plan ReviewlDevelopment Agreement (1) See Footnole (lj, 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 IT
* Historic Commission Review Under Type 1 $58 :$152 Type!
* Historic Commission Review Under Type II $171 $453 Type n
"
* HS Hospital Support Overlay District $2,834+568/acre N/A. Type II
* Temporary Use - Emergency Medical Hardship (SDC 36; 135) $268 $268 Type II
i
* Temporary Use - Manufactured Dwelling (SDC 36.130) $360 $360 Type I
* Minimum Development Standards $705 N/A Type!
* Minor Variance (Up t.o 30%) $2,362 $2,362 Type II
* Determination ofNon~Confonning Use Status $104 $155 Type! ~
* Non-Confonning Use ~ Expansion/Modification $3,717 $5,606 Type IT
PreMSubmittal Meeting $336 $505 N/A
* Site Plan Review
* a. <10,000 square feet of impervious surface $4,099 $4,099 Type D
* b, 10,000 -100,000 square feet of impervious surface $4,099 +$~6411000 $4,099 +$264/1000 sq 1
sq Type IT
* c. > 100,000 square feet of impervious surface $4,099 +$~0811000 $4,099 +$308/1000 sq 1
sq Type n
* Site Plan Review Modification..,... Major $3,956 $3;956 Type n
,
* Site Plan Review Modification- Minor $1,205 $1,818 Type I,
* Solar Access Guarantee $759 $917 Type IT
* Tree Felling Permit Base Fee (2) (3) $956 ,$956 . TypeD
* Department of Motor VehicleS Licensing - New' S683 $820 Pennit
* Department of Motor Vehicles Licensing - Renewal $273 $330 Permit
* Final Site Plan Inspection for Occupancy/LUC/Change of Use $273 $273 Pennit
* Land Use Compatibility Statement! Lett~r $273 $295 Pennit
* Plan Review. Minor $116 $277 Pennit
* . Plan Review- Major $205 $277 Pennit
Date Received
, DEL 03 20lf.il
Attachment C Exhibit B Page 1 of 5
Planner: BJ
'--
City of Springfield
Development Code Application Fees
URBAN GROWTH
BOUNnARY
LONG RANGE PLANNING CASE TYPES
*
Amendm'ent of Development Code Text
$10,846
$7,189
*
Annexation (minor boundary changes)
Consisting of: Less
than 1 acre -$2,080.; 1
acre of more but less
than 5 acres - 52,660.;
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 SO acres - S5,560;
SO acres'or more but
less than 100 acres -
56,400.; 100 acres or
more ~ S~,820.
N/A
TYPE
Type IV
Type IV
,
*
Annexation Comprehensive Planning Fee per ac~e N/A $1,902 Type IV
*
Conceptual Development Plan $13,276 $20,026 Type ill
*
Conceptual Development Plan Amendment $5,143 $7,758 Type III
* " N(A/ $2,080 (public &
Extraterritorial Wastewater or Water Line Extension private) ;: Type IV
*
MasterPlan Amendment Type I $2,554 $3,830 Type I
*
Master Plan Amendment Type II' $5,1~3 $7,758 Type II
* 1
Master Plan Amendment Type ill $9,391 $,I3,729 Type III
*
Master Plan Appr~val $18,266 +$616/acre $27,498 +$616/acre Type III
*
Metro Plan Amendment Type I(acre fee for diagram amendment). $21,119 +$616/acre $31,859 + $616/acre Type IV
Date Rece ved
.UI:.C 0 3 200'):.
'.J
Planner: SJ
Attachment <;; Exhibit B Page 2 of 5
City of Springfield
Development Code Application Fees
URBAN GROWTH TYPE
BOUNDARY
*
Metro Plan Amendment Type Il(acre fee for diagram amendment) $10,242 +$616/ac,e $13,137 +$616/ac,e Type IV
*
Refmement Plan Amendment (acre fee for diagram amendment) $10,242 +$616/ac,e $15,450 +$616/acre TypelV
*
Vacation Puplic Easements $1,205 $1,818 Type II
*
Vacation ROW, Subdivision Plat and other public p.roperty $4,604 $6,946 Type IV
*
Street Name Change $4,604 N/A N/A
SHORELINE CASETYPES
* Floodplain Development Base Fee (3) (4) $1,073 $1,619 Type I
* Willamette Greenway Overlay District Development:
* Gr~enw~y Setback Line,already established $7,804 Type ill
* Greenway Setback Line not already established $5,604 +$568/ac,e $8,016 +$568/acre Type III
SUBDIVISION CASE TYPES
* LDR Subdivision Tentative Plan
* a. <2 acres $5,357 + $2301l0t N/A Type II
* b; 2 acres to 5 acres $7,583 +$379/10t N/A Type 1I
* c. 5 acres to 10 acres $10,031 + $6021101 N/A TypelI
* d. 10 acres to 20 acres $10,582 +$6141101 N/A TypelI
* e. Greater than 20 acres $11,133 +$6691101 N/A TypelI
* Manufactured Dwelling Park $9,580 $14,452 Type II
* Manufactured Dwelling Park-Space Line Adjustment $364 $965 Type I
* Non- LDR Subdivision Tentative Plan $9,458 + $568/ac,e $9,458+$568/ac,e Type II
* Partition Plat (8) $2,599 $2,599 Type I
* Partition Replat PIal (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 TypelI
* Property.Line Adjustment $604 $912 Type!
* Serial Property Line Adjustments $1,210 $1,823 TypeD
* Non-LDR Subdivision Plat $3,790 + $6161101 ~1F4e( :eived
GEe 0 3 200~i
, L.:'
Attachment C Exhibit B Page 3 of 5 Planner: BJ
City of Springfield.
Development Code Application Fees
/
.I
City of Springfield
Development Code Application Fees
(1) Final site plan and development agreement fee is 10% of the paid site pian fee.
(2) Tree Felling Fees - TieeFelling - 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.
Any Tree Felling processed after land use activity is conducted without required City approvals shall be charged an additi~na1 f~ of$200 per tree in addition to
the regular application fee. The City establishes these fees based on the av~rage cost of providing programmatic service for activities. conducted without permits.
(3) An Floodplain permit processed after land use activity is conduCted without required City approvals shall be charged 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 programmatic service for activities conducted
without permits.
(4) Floodplain - Subdivision $200 per lot and partitions and site plans $400 per acre in addition to the base fee. For development areas >5 acres a $13,650 deposi
is~~. .
(5) A reconfiguration of lots or a decrease in the number oflots in a platted partition or subdivision shall be charged'the tentativ~ replatlreplat 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 paiti~on tentative
plan/partition plat or subdivision tentative/subdivision plat, .
(6) Thefee for a Expedited Land Division (ELD) shall be twice the fee calculated for a regular land division plus an appeal fee established m ORS 197.380 to
defray costs in event the decision is appealed. If the deci'sion 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 As~ociation~ shall not be charged 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 \vill be no application fee for applicants who choose to utilize this program, however a Type III
notification fee will be required for each application
?~".
T~ehnnlnr!1l Fu.' All applications will be assessed Ii SG/o technology fee with the exception ofPre-SubmiItal Meeting, Development Issues Meeting, Pre-
Application Report, Appeal of Type II Director's Decision, Appeal of Expedited Land Division, and all Pomt of Sale fees (Time Extension and
PostageINotification Fees) as indicated on this schedule. Technology Fee will be applied when the identfied appli~ations fees are imposed or collected.
Not" fnr alllneal anneals.' If an appellant prevails at the hearing or subsequent hearing. The filing fee for the initial 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
decision. ' 'I
Hearinf! Omcial 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 shall. be returned to the applicant. Charges in excess of this additional fee shall be assessed to the applicant.
Lnw Income F"l" Reductinn: Any application fee related to the development oflow income housing or facilities may be reduced pursuant to the criteria of
Section 1.070(4) of the Springfield Development Code.
F..xnemt"d Prnee.....ino Fpl".' 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 the application fee, whichever is greater, where
the development ~ is greater!han 10 acres an additrional fee of$550 per. acre will be charged.
Fel!. Walvl!.l':" The Director may r~uce or waive the fee for Temporary Use - Emergency Medi~ Hardship upon verification of/ow income status of me 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
Date Received
DEe 0 3 200~i
Planner: BJ
~