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HomeMy WebLinkAboutResolution 03-40 07/28/2003 RESOLUTION NO. 03-40 . A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ADOPTING GUIDELINES AND CONDITIONS FOR THE ISSUANCE OF LAND AND DRAINAGE ALTERATION PERMITS PRIOR TO PRELIMINARY APPROVAL OF A SITE PLAN OR TENTATIVE APPROV AL OF A PARTITION OR SUBDIVISION. WHEREAS the Springfield City Council adopted the Springfield Development Code to regulate the development of land inside the city limits; and WHEREAS the Springfield City Council may instruct the staff implementation of the Code by Formal Interpretation or by adoption of a Resolution, Ordinance or other instruments which provide guidelines for citizens and staff in the consideration of Springfield Development Code requirements; and WHEREAS different and unique circumstances may be present in each application, but which may not be described accurately in the Code; and WHEREAS the opportunity for problem-solving is not always specified or implied in the provisions of the Springfield Development Code without a Formal Interpretation; and . . WHEREAS the Springfield City Council is desirous of an efficient, timely and pragmatic development process that is responsive to development proposals while protecting the health, safety and general welfare of the citizens; and WHEREAS site preparation, including land and drainage alteration, is often influenced by seasonal or climatic variables; and WHEREAS a Land and Drainage Alteration Permit (LDAP) currently may be issued in the absence of any proposal to develop property; and WHEREAS Articles 31, 34 and 35 of the Springfield Development Code currently allow the Development Services Director the discretion to authorize a LDAP "prior to approval" of the Preliminary Site Plan, Partition Tentative Plan or Subdivision Tentative Plan, but such discretion has no instruction or guidelines. NOW THEREFORE BE IT RESOLVED, that the Common Council of the City of Springfield hereby declares its intention to provide guidance to the Development Services Director to specify the conditions and circumstances under which the Development Services Director may authorize the issuance of a LDAP prior to approval of a concurrent development application consistent with the intent of Sections 31.020, 34.010 and 35.010 ofthe Springfield Development Code. Such conditions and circumstances shall include the following: . . I. The proposed land and drainage alteration must not result in the need to extend public storm systems to the site; or to alter, reconstruct or redirect any existing public open water storm water facility. . 2. The proposed land and drainage alteration shall not create an attractive nuisance. The applicant shall erect barricades or fencing, if necessary, to discourage trespass. 3. The Applicant shall defend, indemnify and hold City hannless from any impacts resulting from the land and drainage alteration. The Applicant shall provide a bond, insurance, financial instrument or other security in a fonn acceptable to the City to secure this requirement. 4. The proposed land and drainage alteration shall not pennit or authorize the placement or construction of public or private utilities or facilities, unless, in the opinion of the Director, such utilities or facilities are necessary to ensure that the proposed land and drainage alteration is adequately protective of public health, safety, and general welfare. In this event, the applicant shall obtain from the City the additional pennits necessary to construct such utilities or facilities. 5. All work conducted within existing and/or proposed public right-of-way shall be limited to the minimum necessary, in the opinion of the City Engineer, to ensure that the proposed land and drainage alteration is adequately protective of public health, safety, and general welfare. . 6. If the proposed land and drainage alteration includes the demolition of existing impervious surface (concrete, asphalt, etc.) such material shall be legally disposed of off- site not later than one month after its demolition unless the use of this material for on-site fill has been approved by the City Engineer as part of the LDAP; 7. The ~pplicant shall defend, indemnify and hold hannless the City regarding any future approval of a site plan, partition or subdivision that may cause or require any work completed in compliance with the LDAP to be altered to confonn to the final development approval; or which may be of no use to the final development approval. 8. The applicant for the LDAP shall provide a bond, financial instrument or other security, in a fonn acceptable to the City, equal to 110% of the cost to restore the site to pre-alteration condition in the event the applicant fails to receive site plan approval or otherwise abandons the site. Such restoration does not include replacement of impervious surface unless, in the opinion of the City Engineer, such replacement is necessary to protect the health, safety and general welfare; 9. The applicant shall provide a fee for notification of adjoining property owners of the proposed land and drainage alteration prior to approval of a site plan, partition or subdivision; 10. Approval of any pennit will be made subject to appropriate conditions or reservation as may be required to insure the protection of public health, safety, or general welfare, including but limited to Section 8.308 (11-12) of the Springfield Municipal Code; . . . . 11. Approval of any pennit issued pursuant to these conditions and circumstances shall explicitly state that said approval is not an assurance or guarantee that the City will approve the applicant's development proposal as shown in the LDAP application, and that the applicant is proceeding with the work at their own risk and expense. 12. Notwithstanding the foregoing, all other approvals necessary to proceed with the proposed land and drainage alteration, including such overlay district requirements for floodplain, hillside, historic district, the Willamette Greenway, tree felling or any regulated wetland, or any pennits necessary from any other agency having jurisdiction over all or a portion of the work, shall be secured by the applicant prior to issuance of the LDAP by the Director. ADOPTED by the Common Council and approved by the Mayor o{the City of Springfield, Oregon, this 28th day of July, 2003 with a vote of 6 for and 0 against. '- ~~~t<- ATTEST ....- REVIEWED 11 APPROVED A~ 'TO FOR ~~ ~ \~ DATE: .., 2 \ '2 O~~_ OFFICE OF CITY ATTORNEV