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HomeMy WebLinkAboutItem 1: Ordinance Concerning Public Improvements - Chapter 7 Revisions ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Concerning Public Improvements; Amending Sections 7.010, 7.085, 7.095, 7.100, 7.130, 7.140 7.145, 7.175, 7.190, 7.205, 7.210, 7.220, 7.290, 7.297, 7.302, 7.305, 7.307, 7.360, 7.370, 7.385, 7.405, 7.407, 7.410, 7.415, 7.425, 7.445, 7.720, 7.725, and 7.735 of the Eugene Code, 1971; Adding Sections 7.090, 7.143, 7.350 and 7.365 to that Code; Repealing Section 7.400 of that Code; and Providing an Effective Date Meeting Date: July 16, 2007 Agenda Item Number: 1 Department: Public Works Staff Contact: Peggy Keppler www.eugene-or.gov Contact Telephone Number: 682-2869 ISSUE STATEMENT The purpose of this public hearing is to solicit testimony on the proposed code amendments to Chapter 7 Public Improvements (see Attachment A: Draft Ordinance). BACKGROUND A City Council work session was held June 27, 2007. The council requested staff to: 1) explain why the definition of driveway only pertained to private property; 2) discuss options for extending the warranty period; 3) clarify length of driveway approaches; and, 4) validate the requirements for homeowners to build access ramps. EC 7.010 Driveway Definition: The use of the term “private property” in the definition of driveway was intended to mean any property not located in the public way. The definition was not intended to differentiate between property owned by a private party and property owned by a public entity. To clarify that the definition of driveway pertains to all real property, whether owned by a private or public entity, the proposed ordinance now reads: “…An area on real property where automobiles and other vehicles are operated and allowed to stand.” EC 7.145 Warranty Period: The council raised the issue of one-year warranty periods for construction. Staff reviewed options for extending the warranty period and recommended that the council modify the definition of warranty period and establish a minimum one-year warranty period in EC 7.145 when the council takes action on the ordinance on August 13, 2007. Eugene’s stringent standards for construction materials and equipment along with its requirements for testing and inspection have effectively protected the city from needing to correct construction defects and failures. The City’s amendments to the “Oregon Standard Specifications for Construction” are currently consistent with the minimum one- year warranty period and provide warranty period extensions as needed for specific project needs. This is consistent with other jurisdictions in Oregon. The proposed code language will be presented to the council at the public hearing. L:\CMO\2007 Council Agendas\M070716\S0707161.doc EC 7.415 Driveway Approaches: Confusion over why 7.415 would need to address the length of the driveway approaches was discussed. As indicated at the council work session, the use of the term driveway approach(es) in 7.415 is inaccurate. All of the driveway approach references in 7.415 relate to 7.410 and should be called “curb cut(s)” instead. The proposed ordinance now reads: “All [driveway curb cutscity manager or manager’s designee approaches] deemed by the [council] to exceed a curb reasonable length shall be reconstructed by the owners of the property served by such [approaches] cuts to conform to the provisions of this Code on or before three months after notice is given. Should curb the change not be made within the above mentioned time, the street adjacent to the [approaches] cuts shall be appropriately marked for parking by the city engineer, so as to conform to the provisions of curb cuts this Code regulating the length and number of [approaches] . In reconstructing and remodeling curb cuts the [driveway approaches] to conform to the provisions of this chapter, curbs shall be replaced in accordance with the specifications given by the city engineer.” EC 7.365 Access Ramps: The council raised the issue of whether requiring a property owner remodeling his/her home to construct an ADA access ramp would make a home remodel project cost- prohibitive. The requirement that a property owner build an ADA access ramp is only applicable when the property owner is required to construct a sidewalk along the frontage of their property. Pursuant to EC 7.385, although sidewalk construction is required concurrent with the issuance of a building permit for the construction of new structures and additions to structures, subsection (b) exempts the requirement for sidewalk construction when the building permit is for additions or alterations to single- family and duplex units. Accordingly, someone seeking to remodel a single-family home or duplex would not be required to construct a sidewalk and, therefore, would not be required to build an access ramp. The requirement to construct sidewalks (and access ramps), as that requirement relates to single- family homes, only applies to the construction of new single-family and duplex units. RELATED CITY POLICIES This item relates to the 2007 City Council value: A government that works openly, collaboratively, and fairly with the community to achieve measurable and positive outcomes. COUNCIL OPTIONS Not applicable, this is a public hearing only. CITY MANAGER’S RECOMMENDATION The City Manager recommends that the Mayor and City Council convene the public hearing. Action on the ordinance is scheduled for the August 13, 2007, City Council meeting. SUGGESTED MOTION Not applicable, this is a public hearing only. ATTACHMENTS A. Draft Ordinance on Public Improvements L:\CMO\2007 Council Agendas\M070716\S0707161.doc FOR MORE INFORMATION Staff Contact: Peggy Keppler Telephone: 682-2869 Staff E-Mail: peggy.a.keppler@ci.eugene.or.us L:\CMO\2007 Council Agendas\M070716\S0707161.doc ATTACHMENT A ORDINANCE NO. _________ AN ORDINANCE CONCERNING PUBLIC IMPROVEMENTS; AMENDING SECTIONS 7.010, 7.085, 7.095, 7.100, 7.130, 7.140 7.145, 7.175, 7.190, 7.205, 7.210, 7.220, 7.290, 7.297, 7.302, 7.305, 7.307, 7.360, 7.370, 7.385, 7.405, 7.407, 7.410, 7.415, 7.425, 7.445, 7.720, 7.725, AND 7.735 OF THE EUGENE CODE, 1971; ADDING SECTIONS 7.090, 7.143, 7.350 AND 7.365 TO THAT CODE; REPEALING SECTION 7.400 OF THAT CODE; AND PROVIDING AN EFFECTIVE DATE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 7.010 of the Eugene Code, 1971, is amended to provide: 7.010Definitions . For purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section: Access ramps. The sloped area and landing immediately adjacent to the public way that allows access to the public way by individuals with disabilities under the American with Disabilities Act (“ADA”). Bancroft Bonding Act . ORS 223.205 and 223.210 to 223.295 or any succeeding statutory provisions or amendments thereto. [Block length . The distance along a street between the centerline of two intersecting through streets, including "T" intersections but excluding cul-de- sacs.] [Building drain . That part of the lowest horizontal piping of a drainage system which receives the discharge from soil waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the interface of the building wall.] Building official . The person designated by the city manager [with the responsibility for administration and enforcement of the state building codes] to carry out the duties of the city’s building official under this code, or the building official’s designee. [Building sewer . The extension from the building drain to the public sewer or other places of disposal.] Capital improvement(s) . Public facilities or assets used for any of the following: (a) Water supply, treatment and distribution; Ordinance - 1 ATTACHMENT A (b) Wastewater[ sewers], including collection, [and] transmission, treatment and disposal; (c) Stormwater [sewers], including pollution reduction, drainage and flood control; (d) Transportation, including but not limited to streets, sidewalks, bike paths, traffic signals and control devices, street lights, street trees, public transportation, vehicle parking, and bridges; or (e) Parks and recreation, [may] includ[e]ing but [is] not limited to, mini- neighborhood parks, neighborhood parks, community parks, and other recreational facilities. [City sewer . The sewerage system of the city of Eugene.] Curb cut. The curb opening for the apron and lying between the end slopes of the driveway approach. Department . The public works department or such other department of the ciy t designated by the city manager. Development . Only as used in sections 7.700 to 7.740: means conducting a building or mining operation, or making a physical change in the use or appearance of a structure or land, which increases the need for additional capital improvements. Development permit. Only as used in sections 7.700 to 7.740, a permit approved and/or issued by the public works department for the purpose of development within public ways. [Domestic sewage . Wastewater sewage derived principally from dwellings, business buildings and institutions.] Driveway. An area on real property where automobiles and other vehicles are operated or allowed to stand. Duplex . A building [under single ownership which is] designed or used [exclusively for the occupancy of two] as dwellings for 2 families living independently of each other and having separate housekeeping facilities for each family that are connected either by common walls or common ceiling/floor connection. A building is not a duplex if one of the dwellings is a secondary dwelling. Dwelling unit . A facility designed for permanent or semi-permanent occupancy by a single family and provided with minimum kitchen, sleeping and wastewater facilities. Flood control design storm. A theoretical storm for evaluating the Ordinance - 2 ATTACHMENT A capacity of the storm drainage system and designing improvements for the required level of protection, in accordance with the Design Standards for Stormwater Facilities in Public Improvement Projects. Franchisee . Any person using the public way under authority of a special ordinance granting that person the privilege of using the public way for a fee and upon conditions. [Garbage . Solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.] [Heritage tree . Any tree of exceptional value to our community based on its size (relative to species), history, location, or species, or any combination of these criteria. The specific methodology for classifying a tree as a heritage tree shall be established by administrative rule of the city manager adopted pursuant to section 2.019 of this code.] Improvement fee . A fee for costs associated with capital improvements to be constructed after the date the fee is adopted pursuant to section 7.705. [This term shall have the same meaning as the term “improvement fee” as used in ORS 223.197 through 223.314.] Local improvement . Any project or service or part thereof undertaken by the city where all or part of the costs are borne by local assessments levied against parcels of real property which provides a special benefit only to specific parcels or rectifies a problem caused by specific parcel(s). Such local improvements may include, but are not limited to, a street, sidewalk, street light, underground utility, wastewater or storm sewerage facility, water utility facility, off-street motor vehicle parking facility, flood control facility, park, playground or neighborhood recreation facility. [Natural outlet . An outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.] Owner . [The fee owner of land including the contract purchaser of such land.] An individual, association, partnership or corporation having legal or equitable title to land other than legal title held only for purposes of security. For the purposes of notice, the owner may be determined using the latest Lane County assessment roll. [Properly shredded garbage . Waste from the preparation, cooking, and dispensing of foods that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle any greater than one-half inch in any dimension.] Public improvement . Any improvement which upon construction and Ordinance - 3 ATTACHMENT A acceptance by the city shall become the city's asset and responsibility to maintain, repair or replace. Public improvement includes but is not limited to a local improvement or other structure or facility constructed upon or under a public way or private property. [Public sewer . A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.] Public way . Any street, road, alley, right-of-way, pedestrian or bicycle easement, storm drainage easement, wastewater or sanitary sewer easement or other utility easement for public use which is controlled by the city, county or state. Qualified public improvements . A capital improvement that is: (a) Required as a condition of development approval; (b) Identified in the plan adopted pursuant to subsection 7.715(2); and either (c) Not located on or contiguous to property that is the subject of development approval (See subsection 7.730(1) for definition of “contiguous.”); or (d) Located in whole or in part on or contiguous to property that is the subject of development approval and required to be built larger or with greater capacity than is necessary for the particular development project to which the improvement fee is related. (See subsection 7.730(1) for definition of “contiguous.”) Reimbursement fee . A fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted pursuant to section 7.705, for which the city determines that capacity exists. [This term shall have the same meaning as the term “reimbursement fee” as used in ORS 223.197 through 223.314.] Sanitary sewer . A sewer which carries [sewage] wastewater, into which stormwater is not intentionally admitted. [Sewage . A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments together with ground, surface and storm waters as may be present.] Sewer . A pipe or a conduit for carrying wastewater or stormwater. [Sewer user . The owner, occupant, or other person authorized to request services or responsible for the payment therefor of a facility which discharges directly or indirectly to the city sanitary sewerage system, or has a wastewater sewer available as provided in section 6.471 of this code.] Ordinance - 4 ATTACHMENT A Sidewalk . The improved part of a street right-of-way between the curb lines or the lateral lines of a roadway and the adjacent property lines that is intended for pedestrian use. [Single dwelling unit . A facility designed for permanent or semi-permanent occupancy by a single family and provided with minimum kitchen, sleeping and wastewater facilities.] Stormwater . [Stormwater] Water runoff[, snow melt runoff, and surface runoff and drainage] that originates as precipitation on a particular site, basin, or watershed. [Stormwater sewer . A sewer or open channel which carries stormwater into which wastewater is not intentionally admitted.] Stormwater management facility. Any structure or configuration of the ground that is used or, by its location, becomes a place where stormwater flows or is accumulated, including but not limited to, pipes, sewers, curbs, gutters, manholes, catch basins, ponds, open drainage ways, runoff control facilities, wetlands, and their accessories. Street light. Fixed lighting of the public right of way for both vehicles and pedestrians. Street tree . A living, standing [woody plant typically having a single] tree with a trunk diameter or, for trees with multiple trunks, a cumulative trunk diameter, of at least at least 1-1/2 inches [in diameter] at a point six inches above mean ground level at the base of the trunk, and that is located within the public street right-of-way, or shown on an approved street tree plan. [Surface water . Water other than storm water flowing on or over the surface ground.] Systems development charge . A reimbursement fee, an improvement fee or a combination thereof imposed or collected at any of the times specified in section 7.720. It shall also include that portion of a wastewater sewer or storm sewer connection charge that is greater than the amount necessary to reimburse the city for its average cost of inspecting and installing connections with wastewater sewer facilities and stormwater sewer facilities. [Undeveloped subdivision plat . A recorded subdivision plat, or portion thereof, under common ownership and which does not have public improvements, public utilities, cable television facilities, roadways, water service, wastewater sewage disposal service, or other improvements described in ORS 92.225.] Ordinance - 5 ATTACHMENT A Warranty period. The one year period following construction and acceptance for public maintenance of a privately engineered and constructed public improvement. Wastewater . Water-carried human, animal or industrial waste together with such stormwater as may be present. Wastewater sewer . A sewer which carries wastewater, into which stormwater is not intentionally admitted. [Water course . A channel in which a flow of water occurs either continuously or intermittently.] Water quality design storm. A theoretical storm for estimating the amount of stormwater runoff to be treated. Facilities designed to store and treat a volume of stormwater shall be sized in accordance with the Design Standards for Stormwater Facilities in Public Improvement Projects. Section 2. Subsections (2) and (3) of Section 7.085 of the Eugene Code, 1971, are amended to provide: 7.085 Standard Specifications and Design Standards . (2) All public improvements and city maintained stormwater facilities shall be consistent with sound engineering principles and constructed in accordance with design standards and standard specifications and plans adopted by the city, including but not limited to the Public Improvement Design Standards Manual. (3) All engineering and inspections on public improvements and private stormwater facilities to be accepted by the city for maintenance shall be done by the city unless otherwise specified by this code. Section 3. A new Section 7.090 is added to the Eugene Code, 1971, to provide: 7.090 Temporary Work. (1) Temporary traffic control plans shall be submitted and approved by the public works department before development permits are issued for work within a public way. (2) Construction activities shall not impede safe and accessible pedestrian and bicycle movement. Where construction activities block public sidewalks, an alternate route that meets ADA Ordinance - 6 ATTACHMENT A requirements for accessibility and includes access ramps and other accessible features shall be provided. (3) Temporary events and facilities such as street fairs, parades, and vending carts must meet accessibility criteria. (4) Temporary road signage shall not encroach on the accessible passage or headroom. Section 4. Subsection (3) of Section 7.095 of the Eugene Code, 1971, is amended to provide: 7.095 Closing Street During Construction . (3) When a street is closed, no person shall remove, break down, ride or drive over any barrier erected as provided in this code or travel over the street with a vehicle, bicycle, animal, or on foot on a part of the street where work is being performed. Section 5. Section 7.100 of the Eugene Code, 1971, is amended to provide: 7.100 Traffic Control Devices, Signing, Etc. for Construction and Maintenance on Streets . The document entitled [Short Term] Oregon Temporary Traffic Control Handbook (Oregon Department of Transportation, [1998] May, 2006 edition) is adopted and shall be in effect until the city engineer adopts a replacement. The city engineer may require additional traffic control devices as deemed appropriate to protect the public. The city engineer is authorized to adopt a different document addressing the same subjects if the engineer finds that a different document is more up-to-date, consistent with state standards or otherwise provides better standards for temporary traffic control. Section 6. Section 7.130 of the Eugene Code, 1971, is amended to provide: 7.130 Construction of Public Improvements - Engineering and Inspection Fees . (1) The city engineer shall charge a fee set pursuant to section 2.020 of this code to cover the costs, including overhead, of engineering, inspection and review services performed by the city on all private or public improvements not engineered by the city. [If the fees have not been paid at the time the services are rendered, the city engineer or finance officer shall bill the recipient of the services monthly or at less frequent intervals if the city determines the amount of the billing does not justify more frequent billing. A person subject to such fees may Ordinance - 7 ATTACHMENT A object to the basis for the fees or the amount of the fees to the city manager by filing a written appeal within 10 days of the date of the invoice. Except for the time to appeal, the appeal shall follow the procedures described in section 2.021 of this code. The city engineer or finance officer and the appellant may resolve the appeal informally at any time.] (2) Prior to establishing the warranty period for a privately engineered and constructed public improvement project, the city manager shall establish a refundable fee set pursuant to section 2.020 of this code to cover the construction costs of unfinished public improvements shown on the approved plans, including but not limited to access ramps and street lights. The fee shall be released following the construction of the public improvements. (3) If the fees have not been paid at the time the services are rendered, the city engineer or finance officer shall bill the recipient of the services monthly or at less frequent intervals if the city determines the amount of the billing does not justify more frequent billing. (4) A person subject to such fees may object to the basis for the fees or the amount of the fees to the city manager by filing a written appeal within 10 days of the date of the invoice. Except for the time to appeal, the appeal shall follow the procedures described in section 2.021 of this code. The city engineer or finance officer and the appellant may resolve the appeal informally at any time. (2) 5 If there is no objection to the fees, they shall be due and payable in full within 20 days of the date of the invoice. If an appeal is filed, the fees are due and payable 10 days after the hearings official issues the final decision on the appeal. If not paid when due, the amount due shall accrue interest from the date of billing at the rate established under section 2.022 of this code. (3) 6 If the fees are not paid on or before the date they are due and payable, the city engineer may do any or all of the following: (a) Without further notice, issue a stop work order on the public improvement, which order may remain in force until the fees are paid or the recipient of services provides a bond or other reasonable security to assure payment of the fees; (b) Establish a lien against the benefitted property, with interest to accrue as provided in this section. Such lien shall neither be deferred under section 7.200 nor paid in installments except as authorized under section 2.582; (c) Collect the sum due to the city by any other means authorized by law or by a combination of such means and by one or more of the remedies listed in this subsection. (d) Decline to provide engineering, inspection and review service to the same owner or applicant for another improvement project. Ordinance - 8 ATTACHMENT A Section 7. Section 7.140 of the Eugene Code, 1971, is amended to provide: 7.140 Construction of Public Improvements – Permit Required and Preparation of Plans by [Petitioner's] Engineer an . (1) Prior to the construction of any privately engineered public improvement a person must obtain a permit from the city engineer. Permits shall be issued in accordance with the Public Improvement Design Standards Manual. (2) A [petitioner] person may, at [petitioner's] the person’s expense, employ a licensed engineer to prepare the plans for a public improvement. The original plan based on drafting and design standards set by the city engineer shall be delivered to the city engineer for review and approval before construction may begin. No prints or transparencies shall be accepted and the plans submitted shall be retained by the city. (3) The cost of public improvements constructed under this section are not eligible for financing as local improvement assessments under sections 7.175 to 7.200. (4) If a privately engineered public improvement receives any direct or indirect city funding the project must comply with applicable public contracting requirements. Section 8. Section 7.143 is added to the Eugene Code, 1971, to provide: 7.143 Public Improvement Construction – Wastewater Sewer Systems and Stormwater Management Facilities. (1) Unless physical constraints prevent construction or unless adjoining properties are outside the service basin, all public improvements to unimproved public ways not already containing a wastewater sewer system must include a wastewater sewer system constructed in accordance with section 7.085 of this code. (2) All public improvements to public ways must include stormwater management facilities that are constructed in accordance with the Design Standards for Stormwater Facilities in Public Improvement Projects. Capacity of the stormwater management facilities shall be sized in accordance with the flood control design storm. The pollution reduction facilities must treat all stormwater runoff from all new or replaced impervious surface exceeding 1000 square feet, or an equivalent on-site area, that will result from the water quality design storm. Section 9. Section 7.145 of the Eugene Code, 1971, is amended to provide: Ordinance - 9 ATTACHMENT A 7.145 Construction of Public Improvements – [Bond] Performance and Warranty. (1) Except for sidewalk projects required under sections 7.152 to 7.156 and for work authorized under sections 7.290 to 7.308, before commencing construction of any public improvement a person shall file with the city engineer a good and sufficient bond in an amount equal to the estimated cost of the improvement, guaranteeing to the city that the improvement shall in all ways comply with the plans and specifications approved by the city engineer and that the improvement will be installed using first-class material and in a first-class, professional manner under the direction of the city engineer, and that the improvement will be free from defects or need of repair for a period of one year from the completion of the improvement and that guarantees payment of any fees charged under section 7.130. (2) In lieu of a bond, a financial guarantee as approved by the city engineer in an amount equal to 125% of the estimated cost of the improvement may be used to secure the construction permit and finance the construction a privately engineered public improvement. Twenty-five percent of the construction cost, or $25,000.00, whichever is more, shall be secured by the city prior to establishing the warranty period and retained in place throughout the one year warranty period. Section 10. Subsections (1), (5) and (6) of Section 7.175 of the Eugene Code, 1971, are amended to provide: 7.175 Local Improvements - Apportionment of Assessments . (1) Whatever share of the total actual project costs of the local improvement is to be borne by the city and by sources of funds other than assessments shall be deducted from the total project costs before they are apportioned and assessed under this section. The city shall pay the costs of the following, provided funds are available and the project has appropriate priority: (a) Components of the local improvement that will not be assessed pursuant to subsections (2) through (12) of this section 7.175; (b) Street improvements and sidewalks within the intersection of public ways other than intersections of new streets within the boundaries of a new development; (c) A portion of the street and alley improvements for [residentially zoned property upon which a] a lot or parcel upon which one single family dwelling or duplex exists which is owned and occupied by low-moderate income person(s) and which property is adjacent to a street or alley which is unimproved or improved Ordinance - 10 ATTACHMENT A with substandard improvements at the time the local improvement district is formed if the street or alley improvement is initiated by the council or by property owner petition. (d) Features of storm sewers constructed as part of a street improvement project within existing developed areas which are in addition to those necessary to properly drain the surface of the street being improved and to provide water quality treatment to the runoff from the street surface; (e) Other costs attributable to special conditions or to policies adopted prior to or at the time the council adopts the resolution forming the local improvement district. (5) Arterial and collector streets. (a) Calculation of assessments for improvements to an arterial or collector street shall be as provided in this subsection 7.175(5). As used in this subsection, “major arterial,” “minor arterial,” “major collector,” and “neighborhood collector” mean streets or travel corridors designated by one of those terms in the city’s or county’s adopted comprehensive transportation plan, in an adopted arterial/collector street plan, or if not so designated, which the city engineer determines to function in the capacity of one of the four classifications. In addition to the components listed in subsection 7.175(3)(a), assessable components of an arterial or collector street improvement may include a portion of the street trees planted as part of the improvement project. The assessable thickness of street structure for an arterial or collector street shall be the thickness determined by the city engineer to be the equivalent of the thickness appropriate for predominantly local [residential] street use. (b) In addition to assessment for curb, gutter, sidewalks and driveway aprons, parcels assessed for improvements to an arterial or collector street shall be assessed for a portion of the pavement and the associated pavement drainage system (catch basins, connecting pipes and other drainage facilities). Parcels within a low-density residential zone shall be assessed according to the functional classification of the street, as follows: 1. Major arterial - no paving or drainage. 2. Minor arterial - 3-1/2 feet of pavement width and associated drainage system for the portion of pavement to be assessed. 3. Major collector - 7 feet of pavement width and associated drainage system for the portion of pavement to be assessed. 4. Neighborhood collector - 10 feet of pavement width and associated drainage system for the portion of pavement to be assessed. (c) With the exception of within a low-density residential zone, d [D]eveloped and partially developed parcels within [commercial or Ordinance - 11 ATTACHMENT A industrial] all zon[ing]es shall be assessed for the full frontage abutting the street improvement and for 10 feet of the pavement. (d) Developed and partially developed parcels with non- conforming uses within a residential zone shall be assessed for the full frontage abutting the street improvement and for 10 feet of pavement. (de) Concerning a parcel or portion thereof for which paragraphs (e) or (g), of subsection 7.175(3) require no assessment, a person who receives a permit to develop such a parcel, whether before or after the improvement has been constructed, shall pay an equivalent assessment based upon the abutting front footage of the parcel that was not previously assessed, to be calculated, reviewed, and paid as provided in section 7.407 of this code before any of the following occurs: 1. A permit is issued authorizing construction of a new driveway access to the arterial or collector street; 2. A permit is issued authorizing connection of a new street that connects the parcel to the arterial or collector street; 3. Any partition, subdivision or development of the parcel regulated by chapter 9 of this code is approved; or 4. Construction of a new structure capable of human occupancy. (6) Alley improvement assessments. Alley improvement assessments shall be apportioned as follows: (a) The front footage of a parcel along the alley shall be ascertained and that footage shall be weighted, on the basis of existing use of the parcel under the zoning of the city, by multiplying the footage by the factor indicated for that use in the following table: Use Factor Single family dwelling or duplex 1.0 Other residential 3.0 Commercial or General Office, 10.0 Industrial 10.0 * Other 1.0 – 10.0 * According to the most intensive use of the parcel most comparable to the use listed above as determined by the city engineer. (b) The area of each such parcel that is within 160 feet of the alley, as measured at right angles from the front footage of the parcel, shall be ascertained and that area shall be weighted on the basis of permissible use of the parcel under the zoning of the city, by multiplying the area by the factor indicated for that use in the table set forth in (6)(a) of this subsection. (c) One-half of the general costs and overhead to be assessed shall be apportioned on the basis of the weighted front footage and one-half on the basis of the weighted areas. Ordinance - 12 ATTACHMENT A (d) Assessments for alley improvements shall be calculated on a block-by-block basis and shall include all the costs of the alley improvement, including, but not limited to: 1. Drainage infrastructure such as [C]catch basins, stormwater quality devices, and the pipings [from catch basins] to connect the drainage infrastructure to storm sewers for properties specially benefited by the basins; and 2. Intersections of alleys, and [intersections] driveway approaches of alleys at their intersections with streets. Section 11. Subsection (2) of Section 7.190 of the Eugene Code, 1971, is amended to provide: 7.190 Local Improvements - Assessments – Levy and Notice Thereof . (2) Unless otherwise specified by this code or by assessment ordinance, reference in this code to making assessment or lien payments in installments shall mean paying the obligation in up to 119 monthly installments or twenty (20) semi-annual installments including principal and interest at the rate set under section 2.022 of this code. Section 12. Subsections (2) and (3) of Section 7.205 of the Eugene Code, 1971, are amended to provide: 7.205 Local Improvements - Interest on Assessment Payments Deferred, Modified, or Extended . (2) Extended or modified assessment payments authorized under subsection 7.195(2)(b) shall be due monthly or semi-annually for a term of years not to exceed twice the number of years remaining on the assessment bonding agreement as of the date that the application for extension of payments is submitted. The amount and date of monthly or semi-annual payments to be made shall be as specified in the contract of extension or modification. Each such payment shall include interest accrued to the time of the payment on the unpaid balance of the assessment. During the first 10 years of the extension, interest shall accrue at the rate then authorized by section 2.022 of this code. During any period of the extension after the 10 years, interest shall accrue at three percent (3%) per annum less than the rate of interest charged at the beginning of the extension period. (3) Deferrals under subsection 7.195(3) shall accrue simple interest at the annual rate of five percent (5%), or, if the city [pays] borrows money Ordinance - 13 ATTACHMENT A from the state, [for money the city borrows] the rate charged by the state to fund the Sewer Assessment Deferral Loan Program. Such interest shall accrue from the date the assessment is levied until the deferral ends and shall be paid at the end of the deferral. When the deferral ends payment of the amounts deferred shall be made as provided in section 7.220. Section 13. Subsection (j) is added to 7.210 of the Eugene Code, 1971, to provide: 7.210 Local Improvements - Termination of Deferral, Extension, or Modification of Assessment Payments . A deferral, extension, or modification of assessment payments shall end if: (j) The parcel for which the deferral has been granted shall not have more than two (2) years of property taxes outstanding. Section 14. Subsection (3) of Section 7.220 of the Eugene Code, 1971, is amended to provide: 7.220 Local Improvements - Deferral, Extension, or Modification of Assessment Payments - Liens . (3) When an owner eligible for deferral under subsection 7.195(3) fails [for two consecutive years] after one year to be eligible for the deferral previously granted, only the portion of the deferral for which the owner is no longer eligible plus accrued interest thereon shall be paid as provided in subsection 7.190(2). If the owner fails to make the payments as provided in subsection 7.190(2), the finance officer may collect the entire amount of the city's lien against the owner's property as provided in subsection 7.225(2). Section 15. Subsections (1) and (3) of Section 7.290 of the Eugene Code, 1971, are amended to provide: 7.290 Construction and Use of Public Way - Permit Required; Standard Specifications . (1) As used in this section, "work affecting the public way" includes, but is not limited to: installation, [or] construction, maintenance, or removal of any structure, pipe, pole, conduit, culvert, facility, including a Ordinance - 14 ATTACHMENT A communications facility, as defined by section 3.005 of this code, or other wire line utilities in, [or] on, or over a public way; construction, reconstruction, grading, oiling, repair, opening or excavation of a public way for any purpose; but does not include the construction of public improvements performed under a contract executed by the city manager or work performed by city employees under the city manager's direction. (3) Work affecting a public way shall be performed in accordance with this code, the standard specifications and design standards adopted pursuant to section 7.085, administrative rules issued by the city manager pursuant to section 2.019 of this code, sound engineering and design practices and such other reasonable conditions required by the city engineer to protect the public health, safety and welfare, including proof that the contractor performing the work is licensed and bonded for the work being performed. Section 16. Subsection (2) of Section 7.297 of the Eugene Code, 1971, is amended to provide: 7.297 Permit - Insurance Requirement; Safety . (2) A permittee shall preserve and protect from injury other permittees' facilities in the public way, the public using the public way and any adjoining property, and take other necessary measures to protect life and property including but not limited to buildings, walls, fences, trees, [or] utilities, or facilities that may be subject to damage from the permitted excavation. A permittee shall be responsible for all damage to public or private property or facilities resulting from its failure to properly protect people and property and to carry out the work. Section 17. Subsection (6)(h) of Section 7.302 of the Eugene Code, 1971, is amended to provide: 7.302 Public Way Construction and Use - Location of Facilities . (6) The administrative rules issued by the city manager hereunder shall include, but not be limited to: (h) Procedures that ensure facility operators and providers belong to the [local utility notification service] Oregon Utility Notification Center (OUNC) and can document their ability to provide locating service for their facilities; Ordinance - 15 ATTACHMENT A Section 18. Section 7.305 of the Eugene Code, 1971, is amended to provide: 7.305 Public Way Construction and Use - Municipal Utilities [and] , Franchisee Opening Permits and Inspection , and Licensee. (1) If the applicant for a permit required by section 7.290 is a municipal utility, [or a] franchisee, or licensee, the city engineer's stamp of approval on the [municipal utility's or franchisee's] applicant’s drawings for the proposed work shall constitute issuance of a permit. The work performed under such a permit shall comply with the requirements of subsection 7.290(3). The [municipal utility's, or the franchisee's] permittee’s drawings shall designate in the permit, with accurate dimensions shown, the part of the public way to be used and the [municipal utility, or franchisee] permittee shall strictly conform to the designation so made, unless re-approval is given by the city engineer. (2) The [municipal utility's or franchisee's] permittee’s approved drawings must be at the work site for which the permit is issued before work begins and remain there during the performance of the work. After completion of the work, the [municipal utility or franchisee] permittee shall furnish the city engineer as-built plans showing the location and depths of all installations. (3) The [municipal utility's and the franchisee's] permittee’s work under the permit is subject to inspection during and after completion of the work. Regarding the relocation of the public way, a city inspector may require changes in construction technique or workmanship if hazardous conditions are present and may halt construction if it does not conform to the approved drawings or permit conditions. That a city inspector directed a change in construction techniques or workmanship shall not relieve the permittee of its obligations under section 7.290 to 7.308. (4) In an emergency, a [municipal utility or franchisee] permittee may open a public way to repair or install an underground utility system, provided, before commencing work the [municipal utility or franchisee] permittee enters each excavation on the communication system of the [Lane Utilities Coordinating Council] Oregon Utility Notification Center, and provided the [municipal utility or franchisee] permittee obtains the permit required by subsection 7.305(1) promptly thereafter. (5) A [municipal utility and a franchisee] permittee shall pay the established permit fees. The permit fees shall be paid monthly, before the 15th day of the month following inspection. Section 19. Subsection (1) of Section 7.307 of the Eugene Code, 1971, is amended to provide: Ordinance - 16 ATTACHMENT A 7.307 Public Way Construction and Use - Repair . (1) Except where waived by the city engineer, the permittee shall temporarily patch with asphalt material any backfilled trench in any vehicle, bicycle, or pedestrian travel [traffic] lane the same day of trench backfill, until the final pavement repair is placed. Temporary trench repair shall be maintained sufficiently to prevent settlement or irregular surface. Temporary trench repairs in pedestrian areas shall not impede the safe and accessible travel for individuals with disabilities under the American with Disabilities Act. Within 60 days of completion of the work and at permittee's expense the permanent pavement repair of the public way to city standards shall be done by a qualified contractor or by the permittee if the city engineer has determined the permittee has the resources and trained personnel. If the permittee fails to make the permanent pavement repair within the time specified, the city may make the repair and charge the cost thereof to the permittee without prior notification. Section 20. A heading and new Section 7.350 is added to the Eugene Code, 1971, to provide: PUBLIC EASEMENT REQUIREMENTS 7.350 Easements - Standards. Public utility easements shall be provided for all city-maintained facilities. Property owners served, or to be served by a utility within a public utility easement shall have access to the public utility easement to construct, install, maintain, and repair private utility services. Section 21. Section 7.360 of the Eugene Code, 1971, is amended to provide: 7.360 Sidewalks - Standards . All sidewalks shall be built in accordance with city specifications and built to grades and alignments [established] approved by the city engineer. Section 22. A new section 7.365 is added to the Eugene Code, 1971, to provide: 7.365 Americans with Disability Act (ADA) Ramp Standards. Sidewalk construction shall provide an accessible pedestrian circulation system that includes access ramps for street crossings compliant with Title II of the Americans with Disability Act and in accordance with city Ordinance - 17 ATTACHMENT A specifications established by the city engineer. (a) Applications for privately engineered public improvements shall include the design and construction of ADA access ramps within and adjacent to the development site. (b) The developer shall either complete the construction of the ADA access ramps prior to placing the project on warranty or enter into an agreement with the city and deposit funds with the city engineer to cover the cost of construction and inspection, plus contingency, of the ramps within the time limit established by the city engineer. If the ramps are not constructed during the warranty period, the city engineer may draw on these funds to complete the work. (c) Property owners of corner lots and lots perpendicular to and facing t-intersections shall construct ADA access ramps as part of their sidewalk construction. Section 23. Section 7.370 of the Eugene Code, 1971, is amended to provide: 7.370 Sidewalks - Owners to Fill Ground Between Curb and Sidewalk . It shall be the duty of all property owners to fill and maintain with earth, soil, brick, gravel, clay, loam, cinders, mulching material or Portland cement concrete, but not asphaltic concrete, the space between the curb and sidewalk in front of their property and to the curb line of the street at the intersections to a level and grade with the curb and sidewalk unless an approved stormwater facility is constructed between the curb and sidewalk. Subject to sections 4.832 and 4.833 of this code, and sections 7.635 to 7.650, a ground cover or tree may be used[ provided it is approved in writing by the city manager or the manager's designee]. Section 24. Subsections (1) and (2) of Section 7.385 of the Eugene Code, 1971 are amended to provide: 7.385 Building Construction - Sidewalk and Driveway Approach Permit Required . (1) Concurrent with the issuance of a building permit for the construction of a [dwelling or business] structure or an addition to a [dwelling or business] structure, the owner, builder or contractor to whom the building permit is issued shall obtain a sidewalk and driveway approach construction permit for the construction of a sidewalk within the dedicated right-of-way for the full frontage in which a sidewalk in good repair does not exist and for the construction of driveway approaches at approved curb cuts. The sidewalk construction shall be completed within the building construction period or within one year after the Ordinance - 18 ATTACHMENT A sidewalk and driveway approach construction permit is issued, whichever is the lesser. (2) Sidewalk construction shall be exempted from the requirements of this section for building permits for: (a) [Construction of single-family dwelling units and duplexes within existing developed areas in which sidewalks do not exist along 50% of the block face of the proposed construction. (b)] Construction adjacent to streets that have not been improved to city street standards. (cb) Additions or alterations of single-family dwelling units and duplexes. (dc) All other structures, additions or alterations in which sidewalk construction costs would exceed 10% of the value of the proposed construction. Section 25. Section 7.400 of the Eugene Code, 1971, is repealed. [7.400 Driveways - Definitions . For the purposes of sections 7.400 to 7.440, the following terms shall mean: Apron . That portion of the driveway approach extending from the gutter flow line to the sidewalk section and lying between the end slopes of the driveway approach. When the sidewalk is located at the curb line, the apron is a part of the sidewalk section. Curb Cut . The curb opening for the apron and lying between the end slopes of the driveway approach. Curb return . The curved portion of a street curb at street intersections or the curved portion of a curb in the end slopes of a driveway approach. Driveway . An area on private property where automobiles and other vehicles are operated or allowed to stand. Driveway approach . An area, construction or improvement between the roadway of a public street and private property intended to provide access for vehicles from the roadway of a public street to a definite area of the private property, such as a parking area, a driveway, or a door at least seven feet wide, intended and used for the ingress and egress of vehicles. The component parts of the driveway approach are termed the apron, the end slopes or curb return and the sidewalk section. End slopes . Those portions of the driveway approach which provide a transition from the normal curb and sidewalk elevations to the grade of the apron, either by means of a sloping surface or by means of a curb return Ordinance - 19 ATTACHMENT A together with the area between the projected tangents of the curb return. Frontage . That boundary of private property abutting the city street line. Sidewalk section . That portion of the driveway approach lying between the back edge of the sidewalk and the apron plus the end slopes measured at the front edge of the sidewalk. Single ownership . (a) A parcel of land under one ownership. (b) A parcel of land under 15-year lease or longer, operated under separate management. (c) A group of separately owned parcels operated under group management. (d) Adjacent parcels under one ownership.] Section 26. Subsection (4) of Section 7.405 of the Eugene Code, 1971, is amended to provide: 7.405 Driveways - Prohibited Locations, Special Requirements and Revocation . (4) If a parcel has frontage on [both a local residential street and an arterial or collector street] two or more streets of different street classifications, where practical, the driveway shall access only the [local residential] street with the lowest classification. Section 27. Subsection (4) of Section 7.407 of the Eugene Code, 1971, is deleted, and Subsections (5) and (6) are renumbered (4) and (5) respectively, and the new Subsection (5) is amended to provide: 7.407 Equivalent Street Assessment . [(4) A person who receives a permit for a parcel to take access from a street in addition to the street from which the parcel takes primary access shall pay an access fee in an amount to be determined by the city engineer.] (5) 4 In lieu of paying the equivalent assessment at the time of issuance of the curb cut permit or upon the occurrence of one of the events described in section 7.175(5)(d) 1-4, except where the development involves creation of a subdivision, the person obligated to pay the Ordinance - 20 ATTACHMENT A equivalent assessment may execute and deliver to the finance officer an agreement to pay the equivalent assessment in installments. The finance officer may accept an agreement to pay only if it is consistent with the limits established under subsection 7.160(2) and (3). Equivalent assessments paid as provided in this subsection shall be charged interest on the unpaid principal balance as provided in section 2.022 of this code and are hereby declared a lien against the real property and shall be docketed in the lien docket of the city and may be foreclosed in the same manner as other assessment liens. (6) 5 The equivalent assessment [and access fee] required by this section shall be used for street purposes and shall be in addition to all other fees and assessments required by this code. Section 28. Subsections (1) and (3) of Section 7.410 of the Eugene Code, 1971, are amended to provide: 7.410 Driveways - Curb Cut . (1) [The length of d]Driveway curb cuts shall not exceed the following dimensions: (a) Unless there is an access agreement between properties, [Each] properties under single ownership shall be entitled to one curb cut per lot or parcel up to a width of 20[-foot driveway curb cut] feet, if that is consistent with the requirements of section 7.405 and requirements for vision clearance and maximum driveway width allowed in chapter 9 of this code. (b) Multiple curb cuts may be approved provided the applicant provides a Traffic Impact Analysis or alternative traffic safety study to substantiate compelling evidence of the safety and operational benefits. (bc) Where a shared driveway curb cut or curb cuts in excess of 20 feet are requested[ for a single ownership], the maximum combined lengths per single ownership which the city manager or the manager's designee may approve are as follows: Number of Frontage Curb Cuts Total Length of Curb Cuts 40 ft. or less 1 20 feet Over 40 ft. to 100 ft. 2 20 ft. + 50% of frontage over 40 ft. Over 100 ft. to 200 ft. 3 50 ft. + 30% of frontage over 100 ft. Over 200 ft. to 300 ft. 4 80 ft. + 20% of frontage over 200 ft. Over 300 ft. to 500 ft. 5 100 ft. + 10% of frontage Ordinance - 21 ATTACHMENT A over 300 ft. Over 500 ft. 6 120 ft. + 5% of frontage over 500 ft. (cd) The [driveway apron] curb cut width for single family dwelling or duplex shall be no less than 12 feet. (de) The [driveway apron] curb cut width for multi-family, commercial and industrial developments shall be no less than 20 feet. (3) The maximum length of a single curb cut, including a shared curb cut, shall not exceed 35 feet unless authorized by the city manager or the manager's designee as provided in section 7.445. Section 29. Section 7.415 of the Eugene Code, 1971, is amended to provide: 7.415 Driveways - Existing Driveways . All [driveway approaches] curb cuts deemed by the [council] city manager or manager’s designee to exceed a reasonable length shall be reconstructed by the owners of the property served by such [approaches] curb cuts to conform to the provisions of this Code on or before three months after notice is given. Should the change not be made within the above mentioned time, the street adjacent to the [approaches] curb cuts shall be appropriately marked for parking by the city engineer, so as to conform to the provisions of this Code regulating the length and number of [approaches] curb cuts. In reconstructing and remodeling the [driveway approaches] curb cuts to conform to the provisions of this chapter, curbs shall be replaced in accordance with the specifications given by the city engineer. Section 30. Section 7.425 of the Eugene Code, 1971, is amended to provide: 7.425 Driveways - Near Alleys . Driveway access connections [approaches] located within five feet of [the] an existing [curb return at an] alley access connection [intersection] may be merged with the alley [intersection] pavement[,]. [thus requiring the removal of the existing curb return.] The total curb cut apron length plus the alley width[, measured at the curb line of the apron to the opposite alley line,] shall not exceed [40] 35 feet. A public access easement shall be recorded and submitted to the city upon issuance of a permit to construct the driveway. Section 31. Subsection (1) of Section 7.445 of the Eugene Code, 1971, is amended to provide: Ordinance - 22 ATTACHMENT A 7.445 Construction in Public Right-of-Way . (1) The city manager is authorized to issue a permit for an oversized curb cut or a revocable permit for construction or location of a retaining wall, steps, terracing, plantings, planters, walkways, projecting building features, and other appurtenances to be installed within a public street right-of-way at the property owner's risk and subject to the following conditions and requirements. (a) Adequate plans and specifications for the proposed installation are submitted to the city engineer. (b) Conditions approved by the city engineer shall be attached to and made a part of the application and plans. (c) That the structures comply with the applicable codes or ordinances of the city with regard to structural safety, sanitation, setback, and fire safety requirements. (d) That the requests be evaluated by the city engineer in regard to any adverse effect on adjoining properties. (e) That there be no interference with the use of the public street for roadway, walkway, existing or proposed utilities and other authorized uses. (f) That said permit shall be revocable by the city on demand except in the case of oversize curb cuts. (g) All plantings shall be first approved by the city manager or designee. (h) The form of permit shall be approved by the city attorney. (i) A fee for the permit shall be charged to the applicant as set by the city manager under section 2.020 of this code[ based on the same valuations of the work to be performed in the public right-of-way as specified for building permits under applicable ordinances]. (j) The applicant shall agree to the foregoing conditions for the approval of said permit. Section 32. Subsections (1) and (2) of Section 7.720 of the Eugene Code, 1971, is amended to provide: 7.720 SDC - Collection of Charge . (1) After adoption of the applicable methodology, a systems development charge is payable upon issuance of: (a) A building permit; (b) A development permit for development not requiring the issuance of a building permit; or (c) A permit to connect to the water, wastewater sewer or stormwater [sewer systems] management facilities or in anticipation of the issuance of such a permit at the time of levying a local Ordinance - 23 ATTACHMENT A improvement district assessment for wastewater sewer or stormwater [sewer] management facility. (2) If development is commenced without an appropriate permit or connection is made to the water system, wastewater sewer system or stormwater [sewer system] management facility without an appropriate permit, the systems development charge is immediately payable upon the earliest date that a permit was required. Section 33. Subsection (a) of Section 7.725 of the Eugene Code, 1971, is amended to provide: 7.725 SDC - Exemptions . The following are exempt from the systems development charge imposed in section 7.705: (a) Except for the systems development charge attributable to the wastewater sewer system and the stormwater [sewer system] management facilities, all development which existed or for which the city had received a completed building permit application on or before June 30, 1991 or for which a building permit was issued before that date. Section 34. Subsection (2) of Section 7.735 of the Eugene Code, 1971, is amended to provide: 7.735 SDC - Appeal Procedures . (2) A person aggrieved by a decision required or permitted to be made by the city manager or the manager's designee under sections 7.700 to 7.730 or a person challenging the propriety of an expenditure of systems development charge revenues may appeal the decision or the expenditure by filing with the [city manager's office] public works staff at the city’s permit center a written request for consideration by the hearings officer and by paying the fee for an appeal established under section 2.020 of this code. Such appeal shall describe with particularity the decision or the expenditure from which the person appeals and shall comply with subsection (4) of this section. Section 35. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended, or repealed herein. Ordinance - 24 ATTACHMENT A Section 36. Sections 37, 38 and 39 of the Eugene Charter of 2002 require that procedures for making, altering, vacating or abandoning a public improvement, and the procedures for levying, collecting and enforcing the payment of special assessments for public improvements be regulated by general ordinance; that any ordinance amending those procedures not take effect for a period of six months after the date of adoption, and then only if the ordinance is approved by an affirmative vote of six councilors. Pursuant to those Charter provisions, the amendments to Sections 7.175, 7.190, 7.205, 7.210, 7.220, and 7.407 of the Eugene Code, 1971, as provided in this Ordinance, shall become effective six months from the date of its passage by an affirmative vote of two- thirds of the members of the City Council. However, the amendments to those sections shall not apply to an improvement authorized by the City Council prior to the effective date of this Ordinance. Passed by the City Council this Approved by the Mayor this ____ day of ____________, 2007 ____ day of ______________, 2007 ___________________________ _____________________________ City Recorder Mayor Ordinance - 25