Document Woodburn_doc_2511000b3f

Revised October 2025 TABLE OF CONTENTS CITY OF WOODBURN ORDINANCE COMPILATION 1. GOVERNMENT AND ADMINISTRATION Nomination Procedures Civil Infractions City Council Bylaws Jurisdiction Over Public Rights-of-Way Library Board Recreation & Park Board Ward Boundaries Management of Public Right-of-Way Relating to Telecommunications Emergency Management Ordinance Public Contracting Rules Municipal Judges Pro-Tem Master Fee Schedule Murals Ordinance 2. LOCAL IMPROVEMENTS Public Right-of-Way Construction Permit Fees Sidewalk Construction and Repair Public Improvement Procedure Street and Park Trees 3. UTILITIES Water Regulation and Rates Sewer and Water Regulations System Development Charges for Water and Sewer Traffic Impact Fees and System Development Charges for Storm Water Drainage Methodology for Park and Recreation System Development Charges Municipal Sewer and Water Service to Properties located outside City Boundaries Process for the Forced Conversion of Electric and Communication Facilities Transportation System Development Charges ---PAGE BREAK--- Revised October 2025 4. SANITATION Sewage Disposal Sewer Connection Fees Industrial Waste Cost Recovery Waste Discharge Regulations Sewer Capacity Fees Wastewater Discharge Fees (Sewer Charges) Sewer Use Ordinance Cross Connection Control and Backflow Prevention Regulating the Detection and Elimination of Illicit Discharge in the City’s Storm Water System 5. OFFENSES Solicitation Municipal Violations Gambling Park Regulations Juvenile Curfew Chronic Nuisance Property Inventory Search by Woodburn Police Department Noise Regulation Nuisances Library Rules of Conduct Graffiti Nuisance Property Animal Control Parking on Unimproved Areas 30TUSmoking and use of Inhalant Delivery Systems in Woodburn ParksU30T Prohibiting Camping in Public Rights-of-Way Removal of Camping Sites on Public Property Enhanced Penalty for Intentional Violation of Tree Permit Requirements 6. TRAFFIC ENFORCEMENT OF VEHICLE PARKING Truck Routes Golf Carts Traffic Police Training Assessment in Traffic Violation Cases Taxicabs 7. BUSINESS Public Dances Alarms ---PAGE BREAK--- Revised October 2025 Film Permit Process Business Registration Permitting of Newsracks Local Incentives for Businesses within Enterprise Zone Medical Marijuana Permit Process 8. BUILDING House Numbering Moving of Buildings Technical and Environmental Services Charge Building Nuisances Flood Plain Management Specialty Codes, Building Official Duties Habitable Rental Housing 9. WOODBURN DEVELOPMENT ORDINANCE (WDO) Organization and Structure Land Use Zoning and Specified Use Standards Development Guidelines and Standards Administration and Procedures Applications Requirements 10. FRANCHISES AND TAXES Pacific Northwest Bell Telephone Co. (Pay Phone) Cable Television Rate Schedule Gas Tax Hotel/Motel Tax Portland General Electric Company Franchise Privilege Tax (PGE) Cable Television Basic Service Rates and Charges Privilege Tax (NW Natural Gas) Pacific NW Bell Telephone Co. Franchise Cable TV Franchise Transfer to NW Television Transfer Cable TV Franchise to Willamette Broadband Woodburn Ambulance Service Franchise Northwest Natural Gas Company Franchise 30T30TU nited Disposal Garbage FranchiseU30T30T Networks, Inc. Wave Broadband Cable Television Franchise Zayo Group Franchise Management of Utility Services and Access and Use of the City's Row Comcast Cable Television Franchise Agreement ---PAGE BREAK--- ORDINANCE NO. 1867 PAGE 1 ORDINANCE NO. 1867 AN ORDINANCE ESTABLISHING NOMINATION PROCEDURES FOR THE OFFICES OF MAYOR AND CITY COUNCILOR AND DECLARING AN EMERGENCY. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Eligibility. Any person who is eligible pursuant to Section 12 of the Woodburn City Charter may be nominated for an elective City position. Section 2. Nomination Procedure. Nomination shall be by petition specifying the position sought and signed by the requisite number of electors as that term is defined by Section 2 of the Oregon Constitution. Such petition shall be signed by not fewer than twenty (20) electors. No elector shall sign more than one such petition for the same office. If an elector signs more than one petition for the same office the signature of the elector shall be valid only on the first petition filed. The signatures of a nomination petition need not all be appended to one paper. However, an affidavit of the circulator of the petition shall be attached to each separate paper of the petition indicating the number of signers of the paper and stating that each signature appended thereto was made in his presence and is the genuine signature of the person whose name it purports to be. The signer's place of residence, identified by its street and number or other sufficient description shall accompany each signature. Section 3. Filing. All nomination papers shall be assembled and filed with the City Recorder as one instrument not earlier than 250 nor later than 70 days before the election. Section 4. Duty of the City Recorder. The City Recorder shall make a record of the exact time at which each petition is filed and shall take and preserve the name and address of the person who filed the petition. Each petition shall be accompanied by the acceptance of the nominee which shall be endorsed upon the petition and signed by the nominee. If the petition is not signed by the required number of qualified electors, or does not contain the endorsed acceptance of the nominee, the Recorder shall notify the nominee and the person who filed the petition within five days after the filing. If the petition is insufficient in any other particular, the Recorder shall return it immediately to the person who filed it, certifying in writing wherein the petition was insufficient. Such deficient petition may be amended and filed again as a new petition, or a different petition for the same candidate may be filed within the regular time for filing nomination petitions. Upon determination that the petition is in all respects sufficient, the Recorder shall cause the nominee's name to be printed on the ballots. The nomination petition for a successful candidate at an election shall [be] preserved in the office of the Recorder until the term of office for which the candidate is elected expires. ---PAGE BREAK--- ORDINANCE NO. 1867 PAGE 2 Section 5. [Emergency clause.] Passed by the Council April 23,1984, and approved by the Mayor April 24, 1984. ---PAGE BREAK--- ORDINANCE NO. 1998 PAGE 1 ORDINANCE NO. 1998 AN ORDINANCE ESTABLISHING A STREAMLINED CIVIL INFRACTION PROCEDURE TO ENFORCE CITY ORDINANCE VIOLATIONS; PROVIDING A SCHEDULE OF FORFEITURES FOR THE VIOLATION OF SAID ORDINANCES; REPEALING ORDINANCE 1610; AND DECLARING AN EMERGENCY. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. For the purpose of this ordinance the following mean: Civil Infraction - Commission of an act or omission to act in a manner prescribed by this ordinance or other city ordinance constituting breach or infringement of a section of a city ordinance or of this ordinance constitutes a civil infraction and shall be handled in accordance with the procedures established by this ordinance. Civil infraction does not include violations of other city ordinances where a criminal penalty is provided. When an infraction is of a continuing nature, except where specifically provided otherwise, a separate infraction will be deemed to occur on each calendar day the infraction continues to exist, and a separate citation may be filed for each such infraction. Enforcement Officer - The City Administrator or any designee appointed by the Administrator to enforce this ordinance. Forfeiture; Forfeiture Schedule - The only penalty to be imposed for an infraction is a monetary penalty called a forfeiture. The forfeiture to be assessed for a specific infraction will be determined pursuant to specific provisions within the ordinance defining the infraction, or the forfeiture schedule found in Section 5 of this ordinance. The procedure prescribed by this ordinance shall be exclusive procedure for imposing a forfeiture; however, this section shall not be read to prohibit in any way any alternative remedies set out in ordinances or state statute or state law which are intended to abate or alleviate ordinance violations, nor shall the city be prohibited from recovering, in a manner prescribed by law, any expense incurred by it in abating or removing ordinance violations pursuant to any ordinance. Person - Any natural person or persons, firm, partnership, association or corporation. Responsible Party - The person responsible for curing or remedying an infraction and includes: The owner of the property or the owner's manager or agent or other person in control of the property on behalf of the owner; The person occupying the property including bailee, leasee, tenant or other person having possession; ---PAGE BREAK--- ORDINANCE NO. 1998 PAGE 2 The person who is alleged to have committed or authorized the commission of the infraction. Section 2. Infraction Procedure. Issuance of uniform citation and complaint; When a violation of a city ordinance occurs a uniform infraction citation and complaint signed by the enforcement officer may be filed with the municipal court charging the responsible party with the civil infraction and setting a date for the responsible party to appear before the municipal court to answer said complaint. The enforcement officer shall prescribe the form of the uniform infraction citation and complaint, but it shall consist of at least three pages. Additional pages may be inserted for administrative purposes by those charged with the enforcement of the ordinances. The required pages are: the complaint; the city department record; and the summons. Each of the three pages shall contain the following information: the name of the court and the court's file number; the name of the person cited; the infraction with which the person is charged; the date, time and place the infraction occurred, or if the infraction is of a continuing nature, the date, time and place the infraction was observed by the enforcement officer, or the citizen signing the complaint; the date on which the citation was issued; the scheduled forfeiture for the alleged infraction; the time and place at which the person cited is to appear in court to answer the complaint. The complaint shall contain a form of certification that the person signing the complaint states that the person has reasonable ground to believe, and does believe that the person cited committed the infraction. The summons shall also contain notice to the person cited that a civil complaint will be filed in the municipal court of the city. Summons. Service of the uniform citation and complaint may be made by personal service upon the responsible party or by any other method provided for in this section. Service may be made outside the City and outside the State of Oregon. Service of the uniform citation and complaint may be made in accordance with any method of service permitted in the Oregon Rules of Civil Procedure, including but not limited to service by mail under ORCP 7D(2)(d). (Section 2 amended by Ordinance 2478 passed June 13, 2011 and effective June 13, 2011) ---PAGE BREAK--- ORDINANCE NO. 1998 PAGE 3 Answer A person who receives a summons and complaint alleging an infraction shall answer such complaint by personally appearing to answer at the time and place specified therein; except an answer may be made by mail or personal delivery if received by the city within ten days of the date of the receipt of the summons as provided in subsection 2 and 3 below. If the person alleged to have committed an infraction admits the infraction, the person may complete the appropriate answer on the back of each summons and forward the summons to the municipal court. Cash, check or money order in the amount of the forfeiture for the infraction alleged as shown on the back of the summons shall be submitted with the answer. Upon receipt of the forfeiture, an appropriate order shall be entered in the municipal court records. If the person alleged to have committed the infraction denies part or all of the infraction, the person may request a hearing by completing the appropriate answer on the back of the summons and forwarding the summons, together with security for court fees. Upon receipt, the answer shall be entered and a hearing date established by the municipal court. The municipal court shall notify the person alleged to have committed the infraction by return mail of the date of the hearing. The security deposit may be waived in whole or in part at the discretion of the municipal court for good cause shown and upon written application of the person alleged to have committed the infraction setting forth the reason for requesting the waiver and certifying that the person alleged to have committed the infraction will attend the hearing when scheduled. Hearing. Every hearing to determine whether an infraction has been committed shall be held before the municipal court without a jury. The defendant may be represented by legal counsel, but legal counsel shall not be provided at public expense. The defendant shall have the right to present evidence and witnesses in the defendant's favor, to cross-examine witnesses who testify against the defendant and to submit rebuttal evidence. If the defendant alleged to have committed the infraction desires that witnesses be ordered to appear by subpoena, the defendant must so request in writing from the court. The complainant shall have the burden of proving the alleged ordinance infraction by a preponderance of the evidence. ---PAGE BREAK--- ORDINANCE NO. 1998 PAGE 4 After due consideration of the evidence and arguments presented at the hearing, the court shall determine whether the infraction as alleged in the complaint was committed. When the infraction has not been proven, an order dismissing the complaint shall be entered in the municipal court records. A copy of the order shall be delivered to the person named in the order personally or by mail. When the court finds that the infraction was committed, and upon written request by a party to the hearing, the order shall include a brief statement of the necessary findings of fact to establish the infraction alleged. Upon a finding that an infraction has occurred, the court shall assess a forfeiture pursuant to the schedule established in accordance with this ordinance, plus court costs and witness fees. The municipal court judge is authorized to set reasonable court costs including security for court fees by court order. Any written documents, correspondence or physical evidence associated with the matter shall be retained by the municipal court until disposed of by order of the municipal court The determination of the municipal court shall be final. Review of the court's determination shall be to the circuit court by writ of review pursuant to ORS Chapter 34. Section 3. Enforcement. If a cited person fails to answer the summons or appear at a scheduled hearing as provided herein, a default judgment shall be entered for the schedule forfeiture applicable to the charged infraction. In addition, when a person fails to appear for a hearing, the security posted, or an amount equal to the security waived, shall be ordered forfeited. Nothing in this subsection shall be construed to limit in any way the contempt powers of the municipal judge granted by the charter of state law, and the judge may exercise those powers as the judge considers necessary and advisable in conjunction with any matter arising under the procedures set forth in this ordinance. Any forfeiture assessed is to be paid no later than ten days after the receipt of the final order declaring that forfeiture. Such period may be extended upon order of the municipal judge. Delinquent forfeitures and those brought to default judgment which were assessed for infractions may in addition to any other method be collected or enforced pursuant to ORS 30.310 or 30.315. Section 4. Lien Filing and Docketing. When a judgment is given in municipal court in favor of the city for the sum of $10.00 or more, exclusive costs or disbursements, the enforcement officer may, at any time thereafter while the judgment is enforceable, file with the City Recorder a ---PAGE BREAK--- ORDINANCE NO. 1998 PAGE 5 certified transcript of all those entries made in the docket of the municipal court with respect to the action in which the judgment was entered. Thereupon, the City Recorder shall enter the judgment of the municipal court on the city lien docket. From the time of the entry of the municipal court judgment in the city lien docket, the judgement shall be a lien upon the real property of the person against whom judgment was entered in the municipal court. Except as provided in subsection D, entry of the municipal court judgment in the city lien docket shall not thereby extend the lien of the judgment more than ten years from the original entry of the judgment in the municipal court. Whenever a judgment of the municipal court which has been entered pursuant to this section is renewed by the municipal court the lien established by subsection C of this section is automatically extended ten years from the date of the renewal order. The City Recorder may file the transcript of the judgment with the county clerk for entry in the judgment docket of the circuit court. Section 5. Schedule of Forfeitures. Schedule of Forfeitures. Infractions as classified for the purpose of determining forfeitures in the following categories: Class 1 civil infractions. Class 2 civil infractions. Class 3 civil infractions. Class 4 civil infractions. Class 5 civil infractions. As assessment of a forfeiture for an infraction shall be an assessment to pay an amount not exceeding: $750.00 for a class 1 civil infraction. $500.00 for a class 2 civil infraction. $250.00 for a class 3 civil infraction. $125.00 for a class 4 civil infraction. $100.00 for a class 5 civil infraction. Infraction of specific Woodburn ordinances are classified as follows: ---PAGE BREAK--- ORDINANCE NO. 1998 PAGE 6 Ordinance No. Class 583 4 1638 Section 21/Vicious Dogs 2 Remainder of Ordinance 5 4 Where an ordinance of the City of Woodburn provides that an ordinance violation may be processed in accordance with the Civil Infraction Ordinance, but does not classify the civil infraction, this unclassified civil infraction shall constitute a Class I civil infraction under this ordinance. Ordinances enacted after the effective date of this ordinance which require a forfeiture provision for their enforcement shall incorporate the infraction procedure set out herein and classify violations thereof in accordance with Section 5 of Ordinance 1998. [Section 5 as amended by Ordinance No. 2362, passed May 24, 2004.] ---PAGE BREAK--- ORDINANCE NO. 1998 PAGE 7 Section 6. Severability. The provisions of this ordinance are severable. If a portion of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 7. Non-Exclusive Remedy. The procedures and remedies contained in this ordinance shall not be read to prohibit in any way any alternative remedies set out in ordinances or state statutes intended to alleviate ordinance violations. Section 8. Repeal and Saving Clause. Ordinance 1610, as amended, is hereby repealed. After the effective date of this ordinance, any reference to Ordinance 1610 contained in the ordinances or resolutions of the City of Woodburn shall be construed by any court to be a reference to the provisions of this ordinance. Notwithstanding subsection A of this section, Ordinance 1610 shall remain valid and in force for the purpose of allowing the prosecution and punishment of a person who violated Ordinance 1610 prior to the effective date of this ordinance. Section 9. [Emergency clause.] Passed by the Council May 23, 1988, and approved by the Mayor May 23, 1988. ---PAGE BREAK--- ORDINANCE NO. 2182 PAGE 1 ORDINANCE NO. 2182 AN ORDINANCE ADOPTING BYLAWS GOVERNING PROCEEDINGS OF THE CITY COUNCIL, REPEALING ORDINANCE NO. 1971, AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Purpose. The purpose of this ordinance is to prescribe rules to govern all meetings and proceedings of the Council, consistent with all provisions contained in the Woodburn City Charter and Oregon state law. The intent of this ordinance is to supplement the Woodburn City Charter to allow implementation of any substantive charter requirements. In this respect, provisions of the Woodburn City Charter and Oregon state law override and supersede any conflicting provisions of this ordinance. if any section or subsection of this ordinance is determined by a court to be invalid or unenforceable, then such section or subsection shall be severed from this ordinance and the remainder of this ordinance shall remain in full force and effect. Section 2. Ordinances and Resolutions. A. Proposed Ordinances and Resolutions (Council Bills) may be introduced by any member of the Council. B. An Ordinance shall receive two readings prior to final passage. C. Readings of an Ordinance may be by title only unless a Councilor requests that the Ordinance be read in full. D. A Resolution shall receive one reading prior to final passage and this reading shall be by title only unless a Councilor requests a full reading. E. Procedure. A Councilor presents a proposed Ordinance or Resolution (Council Bill). (No motion is necessary since no vote is required for introduction of a bill, e.g. "Mr./Madam Mayor, I introduce Council Bill The Mayor asks that the Council Bill be read in full/or by title only if there is no objection from the Council. The Council Bill is read as requested. If the Council Bill is a proposed Resolution, the Mayor asks if there is any discussion. After discussion and motions, if any, the Mayor shall call for a vote on the Resolution. Upon the request of any Councilor, the ayes and nays shall be taken and entered in the record. ---PAGE BREAK--- ORDINANCE NO. 2182 PAGE 2 If the Council Bill is a proposed Ordinance, the Mayor asks that the Council Bill be read a second time by title only if there are no objections from a Councilor. The Council Bill (proposed Ordinance) is read as requested. The Mayor then asks if there is any discussion on the Council Bill (proposed Ordinance). After discussion and motions, if any, the Mayor shall call for a vote and the ayes and nays shall be taken and entered in the record. F. A Resolution shall be declared passed by affirmative vote of a majority of the Councilors present at the meeting. G. An Ordinance may be enacted in a single meeting by unanimous consent of the Councilors present. If not approved by unanimous consent of the Councilors present, the Ordinance shall be read and voted upon on a different day at another meeting, and enacted if a majority of the Councilors present at that meeting vote affirmatively. H. All Resolutions and Ordinances passed or enacted by the Council are subject to veto of the Mayor as provided in Chapter V, Section 20, of the Woodburn City Charter. I. Except in extreme emergencies, copies of Council Bills shall be provided the Mayor and members of the Council at least 48 hours prior to any session at which they could be introduced. Section 3. Meetings. A. A majority of the incumbent members of the Council constitutes a quorum. B. The Council shall hold a regular meeting at least once each month in the city at a time and place it designates. C. The Council may hold a special meeting at the call of the Mayor or at the request of three Councilors in accordance with Chapter IV, Section 13 of the Woodburn City Charter. Section 4. City Officers. A. Mayor The Mayor shall preside over all Council meetings at which he/she is present in accordance with the Woodburn City Charter. Consistent with the Woodburn City Charter all appointments by the mayor are subject to Council confirmation. The Mayor shall make a good faith effort to confer with the Council about who he/she will appoint to a committee so that any comments, objections, etc. Of individual councilors may be considered by the Mayor prior to the appointment. Both ---PAGE BREAK--- ORDINANCE NO. 2182 PAGE 3 the Mayor and Council shall make every possible effort to avoid embarrassment to appointees. In the event that the Council does not confirm any appointment made by the Mayor and submitted to the Council for consideration, the Mayor shall within 10 days make a new appointment and submit it to the Council. B. The Council President shall be elected by the Council and shall serve in accordance with the Woodburn City Charter. Section 5. Agenda. A. Matters to be considered by the Council shall be placed on an agenda to be prepared by the Mayor and the City Administrator. Any Councilor desiring to have a matter considered by the Council shall advise the Mayor or City Administrator to place it on the agenda. B. In addition to the written agenda, any Councilor may bring items to the attention of the Council during a meeting, in accordance with the provisions of this ordinance, the Woodburn City Charter and state law. C. At the discretion of the presiding officer and in accordance with state law, any visitor may speak on any matter of city business. The presiding officer may establish time limits on such comments by visitors to insure that all persons desiring to be heard shall have the opportunity to speak. Section 6. Public Hearings. A. Consistent with the provisions of state law, the following procedure shall be used at all public hearings: Public hearing opened Declarations: The presiding officer will ask if any member of the Council has a conflict of interest in the matter. The presiding officer will ask if any member of the Council has had any EX-PARTE contact he wishes to disclose. The presiding officer will ask if anyone from the audience wishes to challenge any member of the council from acting on the matter. Staff report Testimony by applicant Testimony by proponents Testimony by opponents ---PAGE BREAK--- ORDINANCE NO. 2182 PAGE 4 Rebuttal by applicant Hearing is closed COUNCIL Discussion (10) Final decision (or motion to direct staff to draft ordinance for CONSIDERATION at next Council meeting if land use decision is involved) B. Any questions by the Mayor and Council addressed to individuals giving public testimony must be asked to these individuals prior to the close of the public hearing. Section 7. Roberts Rules of Order. A. Roberts Rules of Order, Newly Revised, shall be used as the guideline for conduct of Council meetings, except in those cases where specific provisions contrary to Robert Rules are provided herein. B. The Chair will not condone any inappropriate conduct in a meeting. Meetings will be conducted in an orderly and dignified manner. C. If in the chair's judgment any person is not in accordance with these rules, that person will be asked to leave. Section 8. Miscellaneous Rules of Procedure. A. In all matters to be heard by the Council, the City Administrator or member of his staff shall be given the first opportunity to speak thereon. Proponents of the matter before the Council shall be afforded the next opportunity to speak thereon. Opponents of the matter before the Council shall be afforded the opportunity to speak thereon after proponents have completed their presentations. Councilors have the privilege of asking questions at any time. After all presentations are complete, the Council may discuss the matter and take action as desired. B. Official "public hearings" shall be conducted as prescribed by law and/or current regulations governing said hearings. All persons attending official "public hearings" will be given reasonable time to present their arguments, but such persons are requested to avoid repetitious and irrelevant statements. ---PAGE BREAK--- ORDINANCE NO. 2182 PAGE 5 C. Visitors desiring to speak will formally address the chair, and visitors will identify themselves by their name, address, and whether they represent a person, group or organization. D. If at all possible, all regular and special Council meetings shall be tape recorded. Council members, staff and visitors shall use the microphones provided for that purpose. The visitors microphone shall not be removed from its stand without permission of the presiding officer. Section 9. Suspension of the Rules. In accordance with the Woodburn City Charter, the rules contained in this Ordinance may be suspended by the concurrence of a majority of the Council present at a Council meeting. Section 10. Repeal of Ordinance 1971. Ordinance 1971 is hereby repealed Passed by the Council October 28, 1996, approved by the Mayor October 29, 1996. ---PAGE BREAK--- ORDINANCE NO. 2225 PAGE 1 ORDINANCE NO. 2225 AN ORDINANCE ASSERTING JURISDICTION AND EXERCISING AUTHORITY OVER PUBLIC RIGHTS-OF-WAY; REQUIRING PERMISSION TO USE SAID RIGHTS-OF-WAY; REGULATING THE USE OF SAID RIGHTS-OF-WAY; REPEALING ORDINANCE NO. 2185 AND DECLARING AN EMERGENCY. [Whereas clauses.] Section 1. Definitions. For the purpose of this ordinance, the following mean: City: The City of Woodburn, Oregon. Person: Individual, corporation, association, firm, partnership, joint stock company, and similar entities. Public rights-of-way: Include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including subsurface and air space over these areas. Within the city: Territory over which the city now has or acquires jurisdiction for the exercise of its powers. Section 2. Jurisdiction. The city of Woodburn has jurisdiction and exercises regulatory control over all public rights-of-way within the city under the authority of the city charter and state law. Section 3. Scope of Regulatory Control. The city has jurisdiction and exercises regulatory control over each public right-of-way whether the city has a fee, easement, or other legal interest in the right-of-way. The city has jurisdiction and regulatory control over each right-of-way whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means. Section 4. City Permission Requirement. No person may occupy or encroach on a public right-of-way without the permission of the city. The city grants permission to use rights-of-way by franchises, licenses and permits. Section 5. Obstructions Prohibited. No person shall obstruct, cause to be obstructed, assist in obstructing or interfere with a public right-of-way by depositing or storing personal property or other material on the right-of-way or by any other manner obstructing or interfering with the right-of-way without first obtaining city permission. This section shall not apply to the delivery of merchandise, equipment, or services provided the delivery is accomplished with a reasonable time. Section 6. Deposit of Materials Prohibited. No person shall deposit garbage, earth, debris, or rubbish of any kind on a public right-of-way without first obtaining city permission. ---PAGE BREAK--- ORDINANCE NO. 2225 PAGE 2 Section 7. Obligations of the City. The exercise of jurisdiction and regulatory control over a public right-of-way by the city is not official acceptance of the right-of- way, and does not obligate the city to maintain or repair any part of the right-of-way. Section 8. Penalty. Violation of this ordinance constitutes a class 2 civil infraction and may be dealt with according to the procedures established by Ordinance 1998. Section 9. Non-Exclusive Remedy. The penalty described in this ordinance shall not be the exclusive remedy of the city for the violation of the ordinance. The procedures and remedies contained in this ordinance shall not be read to prohibit in any way any alternative remedies set out in ordinances or state statutes intended to alleviate ordinance violations. Section 10. Repeal. Ordinance No. 2185 is hereby repealed. Section 11. Severability. Invalidity of a section or part of a section of this ordinance shall not affect the validity of the remaining sections or part of sections. Section 12. [Emergency clause.] Passed by the Council and approved by the Mayor August 10, 1998. ---PAGE BREAK--- ORDINANCE NO. 2265 PAGE 1 ORDINANCE NO. 2265 AN ORDINANCE CREATING A LIBRARY BOARD, DEFINING ITS DUTIES AND RESPONSIBILITIES, AND REPEALING ORDINANCE NO. 1797 AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Purpose. The Woodburn Public Library Board is hereby created to advise and make recommendations to the Community Services Director and the Mayor and City Council, on all matters related to the management of the library and rules and regulations governing the use of the library. [Section 1 as amended by Ordinance 2412, passed November 13, 2006.] Section 2. Board Membership. The Board shall consist of seven members, appointed by the Mayor with the approval of the City Council, and shall be responsible to the Mayor and City Council. Six members shall be appointed from resident voters of the City or of the urban growth boundary. The seventh member shall be a high school student residing within the City of Woodburn or within five miles of the City’s Urban Growth Boundary. Members shall possess a background and interest in library science and programs, library management and operations, or literacy. Members shall serve without pay. Terms of office, excepting that of the student member, shall be four years from the date of appointment and staggered so three positions will expire every two years. The term of office for the student member shall commence on the date of appointment and shall extend to the final day of the student member’s Senior year of high school. All other appointments shall be made annually, in December, or upon the expiration or other termination of the member’s term of office. Each member of the Committee serves at the pleasure of the Mayor and City Council and may be removed prior to expiration of their terms without cause or hearing. Members may be removed by the Mayor pursuant to City resolution. In addition to the appointed members, the Mayor or the Mayor’s representative and the Director will serve as ex-officio members. [Section 2 as amended by Ordinance 2627, passed April 22, 2024.] Section 3. Meetings. The Board shall meet at such times as the Board may determine are appropriate and necessary. All Board meetings shall be conducted in accordance with the bylaws of the organization, the provisions of this ordinance and with law. [Section 3 as amended by Ordinance 2627, passed April 22, 2024.] Section 4. Officers. The Library Board shall, at its first meeting, elect a chairman and such other officers as the Board may deem appropriate. Officers shall have such duties and authority as the Board shall establish, consistent with its bylaws, other provisions of this ordinance and with law. ---PAGE BREAK--- ORDINANCE NO. 2265 PAGE 2 Section 5. Board Responsibilities. The Library Board shall have the responsibility for advising and making recommendations to the Community Services Director and to the Mayor and Council, on all matters pertaining to the planning, acquisition, development and management of the library. [Section 5 as amended by Ordinance 2412, passed November 13, 2006.] Section 6. Budget. The Library Board shall participate in the preparation of the annual budget and shall recommend to the Budget Officer a budget for the expenditure of all funds produced by tax or other means for the development, promotion and management of the library in the City of Woodburn. Section 7. Rules and Regulations. The Library Board shall recommend to the Mayor and City Council reasonable rules and regulations governing the use of and proper conduct in the library in the City of Woodburn. Section 8. Supervision of Director. The City Administrator shall have the responsibility for the hiring, termination, discipline and any other personnel actions affecting the Community Services Director. The Board shall act in an advisory capacity in the selection, discipline, or termination of the Director. [Section 8 as amended by Ordinance 2412, passed November 13, 2006.] Section 9. Internal Administrative Policies and Procedures. The City Administrator shall be the fiscal and internal administrative agent for the library and the department shall operate in conformance with City administrative procedures including those pertaining to the following: Personnel, including recruitment, selection, classification and pay for department staff; Personnel matters, including discipline and grievances; Receipt, disbursement and accounting for monies; Maintenance of general books, cost accounting records, and other financial documents; Purchasing; Budget administration; and Operation and maintenance of equipment and buildings. Section 10. Assistance to the Board. The Director shall assist the Board in the performance of its duties, and shall prepare reports as requested by the Board. ---PAGE BREAK--- ORDINANCE NO. 2265 PAGE 3 Section 11. Annual Reports. The Library Board shall make a full and complete annual report to the City Council and make such other reports as may be required by the Mayor and Council. The Community Services Director shall be responsible for the preparation of the report with Board input. [Section 11 as amended by Ordinance 2412, passed November 13, 2006.] Section 12. Repeal. Ordinance No. 1797 is hereby repealed. Section 13. [Emergency clause.] Passed by the Council June 12, 2000 and approved by the Mayor June 13, 2000. ---PAGE BREAK--- ORDINANCE NO. 2270 PAGE 1 ORDINANCE NO. 2270 AN ORDINANCE CREATING A RECREATION AND PARK BOARD, DEFINING ITS DUTIES AND RESPONSIBILITIES, REPEALING ORDINANCE 1796 AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Purpose. The Woodburn Recreation and Park Board is hereby created to advise and make recommendations to the Community Services Director, and when appropriate, the Mayor and City Council, on all matters related to the development and management of parks, recreation facilities and a program of leisure and recreational services in the City of Woodburn, and to formulate and adopt rules and regulations governing the use of those facilities. [Section 1 as amended by Ordinance 2412, passed November 13, 2006.] Section 2. Board Membership. The Board shall consist of seven members, appointed by the Mayor with the approval of the City Council, and shall be responsible to the Mayor and City Council. Six members shall be appointed from resident voters of the City or of the Urban Growth Boundary. The seventh member shall be a high school student residing within the City of Woodburn or within five miles of the City’s Urban Growth Boundary. Members shall possess a background and interest in recreation management, leisure services, parks management, or parks and recreation operations. Members shall serve without pay. Terms of office, excepting that of the student member, shall be four years from the date of appointment and staggered so three positions will expire every two years. The term of office for the student member shall commence on the date of appointment and shall extend to the final day of the student member’s Senior year of high school. All other appointments shall be made annually, in December, or upon the expiration or other termination of the member’s term of office. Each member of the Committee serves at the pleasure of the Mayor and City Council and may be removed prior to expiration of their terms without cause or hearing. Members may be removed by the Mayor pursuant to City resolution. In addition to the appointed members, the Mayor or the Mayor’s representative and the Director will serve as ex-officio members. [Section 2 as amended by Ordinance 2628, passed April 22, 2024.] Section 3. Meetings. The Board shall meet at such times as the Board may determine are appropriate and necessary. All Board meetings shall be conducted in accordance with the bylaws of the organization and the provisions of this ordinance and shall comply with all state and federal laws. [Section 2 as amended by Ordinance 2628, passed April 22, 2024.] Section 4. Officers. The Recreation and Park Board shall, at its first annual meeting, elect a chairman, secretary and such other officers as the Board may deem appropriate. Officers shall have such duties and authority as the Board shall establish, consistent with its bylaws, other provisions of this ordinance and with law. ---PAGE BREAK--- ORDINANCE NO. 2270 PAGE 5 Section 5. Board Responsibilities. The Recreation and Park Board shall have the responsibility for advising and making recommendations to the Community Services Director, and when appropriate, to the Mayor and Council, on all matters pertaining to the planning, acquisition, development and management of leisure services operated or owned by the City near or adjacent thereto. [Section 5 as amended by Ordinance 2412, passed November 13, 2006.] Section 6. Budget. The Recreation and Park Board shall participate in the preparation of the annual budget and shall recommend to the budget officer a budget for the expenditure of all funds produced by tax or other means for the development, promotion and management of parks, recreation facilities and leisure services in the City of Woodburn. Section 7. Rules and Regulations. The Recreation and Park Board shall recommend to the Mayor and City Council reasonable rules and regulations governing the use and proper conduct of parks, recreation facilities and leisure services in the City of Woodburn. Section 8. Supervision of Director. The City Administrator shall have the responsibility for the hiring, termination, discipline and any other personnel actions affecting the Community Services Director. The Board shall act in an advisory capacity in the selection, discipline, or termination of the Director. [Section 8 as amended by Ordinance 2412, passed November 13, 2006.] Section 9. Internal Administrative Policies and Procedures. The City Administrator shall be the fiscal and internal administrative agent for the Recreation and Park Department and the department shall operate in conformance with city administrative procedures including those pertaining to the following: Personnel, including recruitment, selection, classification and pay for department staff; Personnel matters, including discipline and grievances; Receipt, disbursement, and accounting for monies; Maintenance of general books, cost accounting records, and other financial documents; Purchasing; Budget administration; and Operation and maintenance of equipment and buildings. Section 10. Assistance to the Board. The Director shall assist the Board in the performance of its duties, and shall prepare reports as requested by the Board. Section 11. Annual Reports. The Recreation and Park Board shall make a full and complete report to the City Council and make such other reports as may be required by the Mayor and Council. The Community Services Director shall be responsible for the preparation of the report with Board input. [Section 11 as amended by Ordinance 2412, passed November 13, 2006.] Section 12. Repeal. Ordinance No. 1796 is hereby repealed. Section 13. [Emergency clause.] Passed by the Council June 26, 2000 and approved by the Mayor June 28, 2000. ---PAGE BREAK--- ORDINANCE NO. 2593 PAGE 1 ORDINANCE NO. 2593 AN ORDINANCE RELATING TO REAPPORTIONMENT OF WARD BOUNDARIES, REPEALING ORDINANCE 2483, AND DECLARING AN EMERGENCY [Whereas clauses.] The City of Woodburn Ordains as Follows: Section 1. That the City of Woodburn is hereby divided into six wards, which shall be designated as Wards I, II, III, IV, V, and VI. Section 2. That the boundaries of the six wards created by section 1 above shall be as indicated on a map known as “Ward Map of 2021”, a copy of which is attached hereto as Exhibit and, by this reference, incorporated herein. Section 3. That two copies of said ward map are on file in the office of the City Recorder, and said map of boundaries indicated thereon are hereby adopted until such time as they shall be amended or abolished by ordinance or Charter. Section 4. That Ordinance 2483 is repealed. Section 5. That a copy of this ordinance and the attached Ward Map of 2021 be sent to the Elections Department of Marion County, Oregon. Section 6. [Emergency clause.] Passed by the Council and approved by the Mayor November 8, 2021 ---PAGE BREAK--- ORDINANCE NO. 2593 PAGE 2 ---PAGE BREAK--- ORDINANCE NO. 2284 PAGE 1 ORDINANCE NO. 2284 AN ORDINANCE RELATING TO TELECOMMUNICATIONS WITHIN THE CITY; PROVIDING FOR THE MANAGEMENT OF PUBLIC RIGHTS OF WAY; AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Purpose. The purpose and intent of this Ordinance are to: Comply with the 1996 Telecommunications Act as it applies to local governments, telecommunications carriers and the services those carriers offer; Promote competition on a competitively neutral basis in the provision of telecommunications services; Encourage the provision of advanced and competitive telecommunications services on the widest possible basis to the City's businesses and residents; Permit and manage reasonable access to the City's public rights-of-way for telecommunications purposes on a competitively neutral basis and conserve the limited physical capacity of those public rights of way held in trust by the City; Assure that the City's current and ongoing costs of granting and regulating private access to and the use of the public rights of way are fully compensated by the persons seeking such access and causing such costs; Secure fair and reasonable compensation to the City and its residents for permitting private use of the public right of way; Assure that all telecommunications carriers providing facilities or services within the City, or passing through the City, register and comply with the ordinances, rules and regulations of the City; Assure that the City can continue to fairly and responsibly protect the public health, safety and welfare of its citizens; Enable the City to discharge its public trust consistent with the rapidly evolving federal and state regulatory policies, industry competition and technological development. Section 2. Definitions. As used in this Ordinance, the following definitions apply. Words not defined shall be given the meaning set forth in the Communications Policy Act of 1934, as amended, the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996. If not defined there, the words shall be given their common and ordinary meaning. "Aboveground Facilities" See Overhead Facilities. "Affiliated Interest" has the same meaning as ORS 759.010. ---PAGE BREAK--- ORDINANCE NO. 2284 PAGE 2 "Cable Act" means the Cable Communications Policy Act of 1984, 47 U.S.C. § 521, et seq., as now and hereafter amended. "Cable service" is defined consistent with federal laws and means the one- way transmission to subscribers of video programming, or other programming service; and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. "City" means the City of Woodburn, an Oregon municipal corporation, and individuals authorized to act on the City's behalf. “City Administrator” means the City Administrator of the City of Woodburn. “City Engineer” means the City Engineer of the City of Woodburn. "City property" includes all real property owned by the City, other than public rights of way and utility easements as defined in this ordinance, and all property held in a proprietary capacity by the City that are not subject to right of way franchising under this Ordinance. "Control" or "controlling interest" means actual working control in whatever manner exercised. (10) "Conduit" means any structure or portion of a structure containing one or more ducts, conduits, manholes, handholes, bolts, or other facilities used for telegraph, telephone, cable television, electrical, or communications conductors, or cable right of way, owned or controlled, in whole or in part, by one or more public utilities. (11) "Construction" means an activity in the public rights of way resulting in physical change, including excavation or placement of structures, but excluding routine maintenance or repair of existing facilities. (12) "Days" means calendar days unless otherwise specified. (13) "Duct" means a single enclosed raceway for conductors or cable. (14) "Emergency" has the meaning provided for in ORS 401.025. (15) "Federal Communications Commission" or "FCC" means the federal administrative agency, or its lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. ---PAGE BREAK--- ORDINANCE NO. 2284 PAGE 3 (16) "Franchise" means an agreement between the City and a grantee which grants a privilege to use public right of way and utility easements within the City for a dedicated purpose and for specific compensation. (17) "Grantee" means the person to which a franchise is granted by the City. (18) "Oregon Public Utilities Commission" or "OPUC" means the statutorily- created state agency in the State of Oregon responsible for licensing, regulation and administration of certain telecommunications carriers as set forth in Oregon Law, or its lawful successor. (19) "Overhead" or "Aboveground Facilities" means utility poles, utility facilities and telecommunications facilities on or above the surface of the ground, including the underground supports and foundations for such facilities. (20) "Person" means an individual, corporation, company, association, joint stock company or association, firm, partnership, or limited liability company. (21) "Private telecommunications network" means a system, including the construction, maintenance or operation of the system, for the provision of a service or portion of a service that is owned or operated exclusively by a person for his or her use and not for resale, directly or indirectly. "Private telecommunications network" includes services provided by the State of Oregon pursuant to ORS 190.240 and 283.140. (22) "Public rights of way" means a strip of land reserved for public uses such as roadways and sewer and water lines and includes, but is not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements, and all other public ways or areas, including the subsurface under and air space over these areas. This definition applies only to the extent of the City's right, title, interest or authority to grant a franchise to occupy and use such areas for telecommunications facilities. “Public rights of way” also includes utility easements as defined below. (23) "Telecommunications Act" means the Communications Policy Act of 1934, as amended by subsequent enactments including the Telecommunications Act of 1996 (47 U.S.C. 151 et seq.) and as hereafter amended. (24) Telecommunications carrier means a provider of telecommunications services and includes every person that directly or indirectly owns, controls, operates or manages telecommunications facilities within the City. (25) "Telecommunications facilities" means the plant and equipment, other than customer premises equipment, used by a telecommunications carrier. ---PAGE BREAK--- ORDINANCE NO. 2284 PAGE 4 (26) “Telecommunications Service” means any service provided for the purpose of the transmission of information, including, but not limited to voice, video or data, without regard to the transmission medium or protocol employed, and whether or not the transmission medium is owned by the provider itself. Telecommunication service includes all forms of telephone services and voice, video, data or information transport, but does not include: cable service; open video system service, as defined in 47 C.F.R. 76; private communications system services provided without using the public rights of way; over-the-air radio or television broadcasting to the public-at-large from facilities licensed by the Federal Communications Commission or any successor thereto; direct-to-home satellite service within the meaning of Section 602 of the Telecommunications Act; and commercial mobile radio services as defined in 47 C.F.R. 20.” (27) "Telecommunications system" see “Telecommunications facilities” above. (28) "Telecommunications utility" has the same meaning as ORS 759.005(1). (29) "Underground facilities" means utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for "Overhead facilities." (30) "Usable space" means all the space on a pole, except the portion below ground level, the 20 feet of safety clearance space above ground level, and the safety clearance space between communications and power circuits. There is a rebuttable presumption that six feet of a pole is buried below ground level. (31) "Utility easement" means an easement granted to or owned by the City and acquired, established, dedicated or devoted for public utility purposes. (32) "Utility facilities" means the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cable, wires, plant and equipment located under, on, or above the surface of the ground within the public right of way of the City and used or to be used for the purpose of providing utility or telecommunications services. (Section 2 amended by Ordinance 2482 passed October 10, 2011 and effective October 10, 2011) Section 3. Jurisdiction and Management of the Public Rights of Way The City has jurisdiction and exercises regulatory management over all public rights of way within the City under authority of the City charter and state law. Public rights of way include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including the subsurface under and air space over these areas. The City has jurisdiction and exercises regulatory management over each public right of way whether the City has a fee, easement, or other legal interest in the right of way. The City has jurisdiction and regulatory management of each right of way ---PAGE BREAK--- ORDINANCE NO. 2284 PAGE 5 whether the legal interest in the right of way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means. No person may occupy or encroach on a public right of way without the permission of the City. The City grants permission to use rights of way by franchises and permits. The exercise of jurisdiction and regulatory management of a public right of way by the City is not official acceptance of the right of way, and does not obligate the City to maintain or repair any part of the right of way. The City retains the right and privilege to cut or move any telecommunications facilities located within the public rights of way of the City, as the City may determine to be necessary, appropriate or useful in response to a public health or safety emergency. Section 4. Regulatory Fees and Compensation Not a Tax. The fees and costs provided for in this Ordinance, and any compensation charged and paid for use of the public rights of way provided for in this Ordinance, are separate from, and in addition to all federal, state, local, and City charges as may be levied, imposed, or due from a telecommunications carrier, its customers or subscribers, or on account of the lease, sale, delivery, or transmission of telecommunications services. The City has determined that any fee provided for by this Ordinance is not subject to the property tax limitations of Article XI, Sections11 and 11b of the Oregon Constitution. These fees are not imposed on property or property owners, and these fees are not new or increased fees. The fees and costs provided for in this Ordinance are subject to applicable federal and state laws. Section 5. Purpose of Registration. The purpose of registration is: To assure that all telecommunications carriers who have facilities or provide services within the City comply with the ordinances, rules and regulations of the City. To provide the City with accurate and current information concerning the telecommunications carriers who offer to provide telecommunications services within the City, or that own or operate telecommunications facilities within the City. To assist the City in the enforcement of this Ordinance and the collection of any city franchise fees or charges that may be due the City. Section 6. Registration Required. Except as provided in Section 7 of this ordinance, all telecommunications carriers having telecommunications facilities within the corporate limits of the City, and all telecommunications carriers that offer or provide telecommunications service to customer premises within the City, shall register with the City. The appropriate application ---PAGE BREAK--- ORDINANCE NO. 2284 PAGE 6 and license from the Oregon Public Utility Commission (PUC) or the Federal Communications Commission (FCC) qualify as necessary registration information. Applicants also have the option of providing the following information: The identity and legal status of the registrant, including the name, address, and telephone number of the duly authorized officer, agent, or employee responsible for the accuracy of the registration information. The name, address, and telephone number for the duly authorized officer, agent, or employee to be contacted in case of an emergency. A description of the registrant's existing or proposed telecommunications facilities within the City, a description of the telecommunications facilities that the registrant intends to construct, and a description of the telecommunications service that the registrant intends to offer or provide to persons, firms, businesses, or institutions within the City. Information sufficient to determine whether the transmission, origination or receipt of the telecommunications services provided, or to be provided, by the registrant constitutes an occupation or privilege subject to any business license requirements. A copy of the business license or the license number must be provided. Each application for registration as a telecommunications carrier shall be accompanied by a nonrefundable registration fee in an amount to be determined by resolution of the City Council Section 7. Exceptions to Registration. The following telecommunications carriers are excepted from registration: Telecommunications facilities that are owned and operated exclusively for its own use by the State or a political subdivision of this State. A private telecommunications network, provided that such network does not occupy any public rights of way of the City. Section 8. Construction Standards. No person shall commence or continue with the construction, installation or operation of telecommunications facilities within a public right of way except as provided in this Ordinance, and with all other applicable codes, ordinances, rules, and regulations. Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state and local codes, rules and regulations including the National Electrical Code and the National Electrical Safety Code. Section 9. Construction Permits. No person shall construct or install any telecommunications facilities within a public right of way without first obtaining a construction permit, and paying the construction permit fee established in this ---PAGE BREAK--- ORDINANCE NO. 2284 PAGE 7 Ordinance. No permit shall be issued for the construction or installation of telecommunications facilities within a public right of way unless: The telecommunications carrier has first filed a registration statement with the City pursuant to this Ordinance; and if applicable, The telecommunications carrier has first applied for and received a franchise pursuant to this Ordinance. Section 10. Permit Applications. Applications for permits to construct telecommunications facilities shall be submitted upon forms to be provided by the City and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate: That the facilities will be constructed in accordance with all applicable codes, rules and regulations. That the facilities will be constructed in accordance with the franchise agreement. The location and route of all facilities to be installed aboveground or on existing utility poles. The location and route of all new facilities on or in the public rights of way to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route that are within the public rights of way. Applicant’s existing facilities shall be differentiated on the plans from new construction. The location of all of applicant’s existing underground utilities, conduits, ducts, pipes, mains and installations which are within the public rights of way along the underground route proposed by the applicant. A cross section shall be provided showing new or existing facilities in relation to the street, curb, sidewalk or right of way. The construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public rights of way, and description of any improvements that applicant proposes to temporarily or permanently remove or relocate. Details of work area restoration including but limited to paving, compaction, landscaping. All permit applications shall be accompanied by the verification of a registered professional engineer, or other qualified and duly authorized representative of the applicant, that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations. ---PAGE BREAK--- ORDINANCE NO. 2284 PAGE 8 All permit applications shall be accompanied by a written construction schedule, which shall include a deadline for completion of construction. The construction schedule is subject to approval by the City Engineer. City will review application and may make requests for elevation and horizontal location to eliminate planned existing conflicts with other underground lines. Section 11. Construction Permit Fee. Unless otherwise provided in a franchise agreement, prior to issuance of a construction permit, the applicant shall pay a permit fee in an amount to be determined by resolution of the City Council. Such fees shall be designed to defray the costs of city administration of the requirements of this ordinance. Section 12. Issuance of Permit. If satisfied that the applications, plans and documents submitted comply with all requirements of this Ordinance and the franchise agreement, the City Engineer shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as they may deem necessary or appropriate. Section 13. Notice of Construction. Except in the case of an emergency, the permittee shall notify the Engineering and Building Department not less than two working days in advance of any excavation or construction in the public rights of way. Section 14. Compliance with Permit. All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The Engineering and Building Department and its representatives shall be provided access to the work site and such further information as they may require to ensure compliance with such requirements. Section 15. Noncomplying Work. Subject to the notice requirements in Section 13, all work that does not comply with the permit, the approved or corrected plans and specifications for the work, or the requirements of this Ordinance, shall be removed at the sole expense of the permittee. The City is authorized to stop work in order to assure compliance with this Ordinance. Section 16. Completion of Construction. The permittee shall comply with any time lines and special construction activity conditions placed on the construction permit and complete all construction activities so as to minimize disruption of the city rights of way and other public and private property. All construction work within city rights of way, including restoration, must be completed within 120 days of the date of issuance of the construction permit unless an extension or an alternate schedule has been approved by the City Engineer. Section 17. As-Built Drawings. If requested by the City for a necessary public purpose, as determined by the City, the permittee shall furnish the City with up to two complete sets of plans drawn to scale and certified to the City as accurately depicting the location of all telecommunications facilities constructed pursuant to the permit. These plans shall be submitted to the City Engineer or designee within 60 days after ---PAGE BREAK--- ORDINANCE NO. 2284 PAGE 9 completion of construction, in a format mutually acceptable to the permittee and the City. Section 18. Restoration of Public Rights of Way and City Property. When a permittee, or any person acting on its behalf, does any work in or affecting a public right of way or City property, it shall, at its own expense, remove any obstructions and restore the ways or property to good order and condition unless otherwise directed by the City and as determined by the City Engineer or designee. If weather or other conditions do not permit the complete restoration required by this Section, the permittee shall temporarily restore the affected rights of way or property at the permittee’s sole expense. The permittee shall undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. Any corresponding modification to the construction schedule may be subject to approval by the City. If the permittee fails to restore rights of way or property to good order and condition, the City shall give the permittee written notice and provide the permittee a reasonable period of time not exceeding 30 days to restore the rights of way or property. If, after said notice, the permittee fails to restore the rights of way or property to as good a condition as existed before the work was undertaken, the City shall cause such restoration to be made at the expense of the permittee. A permittee or other person acting in its behalf shall use suitable barricades, flags, flagging attendants, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such rights of way or property. Section 19. Performance and Completion Bond. Unless otherwise provided in a franchise agreement, a performance bond or other form of surety acceptable to the City equal to at least 100% of the estimated cost of constructing permittee's telecommunications facilities within the public rights of way of the City, shall be provided before construction is commenced. The surety shall remain in force until 60 days after substantial completion of the work, as determined in writing by the City Engineer, including restoration of public rights of way and other property affected by the construction. The surety shall guarantee, to the satisfaction of the City: Timely completion of construction; Construction in compliance with applicable plans, permits, technical codes and standards; Proper location of the facilities as specified by the City; ---PAGE BREAK--- ORDINANCE NO. 2284 PAGE 10 Restoration of the public rights of way and other property affected by the construction; and Timely payment and satisfaction of all claims, demands or liens for labor, material, or services provided in connection with the work. Maintenance for one year of trench areas, pavement, landscaping, and areas disrupted by the construction. Section 20. Location of Facilities. All facilities located within the public right of way shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specified in a franchise agreement: Whenever all existing electric utilities, cable facilities or telecommunications facilities are located underground within a public right of way of the City, a grantee with permission to occupy the same public right of way must also locate its telecommunications facilities underground. Whenever all new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public right of way of the City, a grantee that currently occupies the same public right of way shall relocate its facilities underground concurrently with the other affected utilities to minimize disruption of the public right of way, absent extraordinary circumstances or undue hardship as determined by the City and consistent with applicable state and federal law. Section 21. Interference with Public Rights of Way. No grantee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public rights of way by the City, by the general public or by other persons authorized to use or be present in or upon the public rights of way. All use of public rights of way shall be consistent with City codes, ordinances and regulations. Section 22. Relocation or Removal of Facilities. Except in the case of an emergency, within 90 days following written notice from the City, a grantee shall, at no expense to Grantor, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public rights of way whenever the City has determined that such removal, relocation, change or alteration is reasonably necessary for: The construction, repair, maintenance or installation of any city or other public improvement in or upon the public rights of way. The operations of the City or other governmental entity in or upon the public rights of way. The public interest. Section 23. Removal of Unauthorized Facilities. Within 30 days following written notice from the City, any grantee, telecommunications carrier, or other person that owns, ---PAGE BREAK--- ORDINANCE NO. 2284 PAGE 11 controls or maintains an unauthorized telecommunications system, facility, or related appurtenances within the public rights of way of the City shall, at its own expense, remove such facilities and appurtenances from the public rights of way of the City. Both parties are required to participate in good faith negotiations on such issues. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: One year after the expiration or termination of the grantee's telecommunications franchise. Upon abandonment of a facility within the public rights of way of the City. A facility will be considered abandoned when it is deactivated, out of service, or not used for its intended and authorized purpose for a period of 90 days or longer. A facility will not be considered abandoned if it is temporarily out of service during performance of repairs or if the facility is being replaced. The City shall make a reasonable attempt to contact the telecommunications carrier before concluding that a facility is abandoned. A facility may be abandoned in place and not removed if there is no apparent risk to the public safety, health, or welfare. If the system or facility was constructed or installed without the appropriate prior authority at the time of installation. If the system or facility was constructed or installed at a location not permitted by the grantee's telecommunications franchise or other legally sufficient permit. Section 24. Coordination of Construction Activities. All grantees are required to make a good faith effort to cooperate with the City. By January 1 of each year, grantees shall provide the City with a schedule of their known proposed construction activities in, around or that may affect the public rights of way. If requested by the City, each grantee shall meet with the City annually or as determined by the City, to schedule and coordinate construction in the public rights of way. At that time, City will provide available information on plans for local, state, and/or federal construction projects. All construction locations, activities and schedules shall be coordinated, as ordered by the City Engineer or designee, to minimize public inconvenience, disruption or damages. Section 25. Telecommunications Franchise. A telecommunications franchise shall be required of any telecommunications carrier who desires to occupy public rights of way of the City. Section 26. Application. Any person that desires a telecommunications franchise must register as a telecommunications carrier and shall file an application with the City which includes the following information: The identity of the applicant. ---PAGE BREAK--- ORDINANCE NO. 2284 PAGE 12 A description of the telecommunications services that are to be offered or provided by the applicant over its telecommunications facilities. Engineering plans, specifications, and a network map in a form customarily used by the applicant of the facilities located or to be located within the public rights of way in the City, including the location and route requested for applicant's proposed telecommunications facilities. The area or areas of the City the applicant desires to serve and a preliminary construction schedule for build-out to the entire franchise area. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services proposed. 6) An accurate map showing the location of any existing telecommunications facilities in the City that applicant intends to use or lease. Section 27. Application and Review Fee. Subject to applicable state law, applicant shall reimburse the City for such reasonable costs as the City incurs in entering into the franchise agreement. An application and review fee of $2,000 shall be deposited with the City as part of the application filed pursuant to Section 26 above. Expenses exceeding the deposit will be billed to the applicant or the unused portion of the deposit will be returned to the applicant following the determination granting or denying the franchise. Section 28. Determination by the City. The City Council shall issue a written determination granting or denying the application in whole or in part. If the application is denied, the written determination shall include the reasons for denial. Section 29. Rights Granted. No franchise granted pursuant to this Ordinance shall convey any right, title or interest in the public rights of way, but shall be deemed a grant to use and occupy the public rights of way for the limited purposes and term, and upon the conditions stated in the franchise agreement. Section 30. Term of Grant. Unless otherwise specified in a franchise agreement, a telecommunications franchise shall be for a term of five years. Section 31. Franchise Territory. Unless otherwise specified in a franchise agreement, a telecommunications franchise shall be limited to a specific geographic area of the City to be served by the franchise grantee, and the public rights of way necessary to serve such areas, and may include the entire city. Section 32. Franchise Fee. Each franchise granted by the City is subject to the City's right, which is expressly reserved, to fix a fair and reasonable compensation to be paid for the privileges granted. Nothing in this Ordinance shall prohibit the City and a ---PAGE BREAK--- ORDINANCE NO. 2284 PAGE 13 grantee from agreeing to the compensation to be paid. The compensation shall be subject to the specific payment terms and conditions contained in the franchise agreement and applicable state and federal laws. Section 33. Amendment of Grant. Conditions for amending a franchise: A new application and grant shall be required of any telecommunications carrier that desires to extend or locate its telecommunications facilities in public rights of way of the City that are not included in a franchise previously granted under this Ordinance. If ordered by the City to locate or relocate its telecommunications facilities in public rights of way not included in a previously granted franchise, the City shall grant an amendment without further application. A new application and grant shall be required of any telecommunications carrier that desires to provide a service which was not included in a franchise previously granted under this Ordinance. Section 34. Renewal Applications. A grantee that desires to renew its franchise under this Ordinance shall file an application with the City for renewal of its franchise, not less than 180 days before expiration of the current agreement, which shall include the following information: The information required under Section 26 of this Ordinance. Any information required pursuant to the franchise agreement between the City and the grantee. Section 35. Renewal Determinations. Within 90 days after receiving a complete renewal application under Section 34, the City shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for non-renewal. The financial and technical ability of the applicant. The legal ability of the applicant. The continuing capacity of the public rights of way to accommodate the applicant's existing and proposed facilities. The applicant's compliance with the requirements of this Ordinance and the franchise agreement. Applicable federal, state and local telecommunications laws, rules and policies. Such other factors as may demonstrate that the continued grant to use the public rights of way will serve the community interest. ---PAGE BREAK--- ORDINANCE NO. 2284 PAGE 14 Section 36. Obligation to Cure As a Condition of Renewal. No franchise shall be renewed until all ongoing violations or defaults in the grantee’s performance of the agreement, or of this Ordinance, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the City Council. Section 37. Assignments or Transfers of System or Franchise. Ownership or control of a majority interest in a telecommunications system or franchise may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the grantee, by operation of law or otherwise, without the prior consent of the City, which consent shall not be unreasonably withheld or delayed, and then only on such reasonable conditions as may be prescribed in such consent. Grantee and the proposed assignee or transferee of the franchise or system shall agree, in writing, to assume and abide by all of the provisions of the franchise. No transfer shall be approved unless the assignee or transferee has the legal, technical, financial and other requisite qualifications to own, hold and operate the telecommunications system pursuant to this Ordinance. Unless otherwise provided in a franchise agreement, the grantee shall reimburse the City for all direct and indirect fees, costs, and expenses reasonably incurred by the City in considering a request to transfer or assign a telecommunications franchise. A transfer or assignment of a telecommunications franchise, system or integral part of a system without prior approval of the City Council under this Section or under a franchise agreement shall be void and is cause for revocation of the franchise. Section 38. Revocation or Termination of Franchise. A franchise to use or occupy public rights of way of the City may be revoked for the following reasons: Construction or operation in the City or in the public rights of way of the City without a construction permit. Construction or operation at an unauthorized location. Failure to comply with Section 37 of this Ordinance with respect to sale, transfer or assignment of a telecommunications system or franchise. Misrepresentation by or on behalf of a grantee in any application to the City. Abandonment of telecommunications facilities in the public rights of way. As used in this ordinance, “abandonment” refers to facilities remaining in the right of way following the expiration of the franchise, or not otherwise used to provide services, for a period of one year. Failure to relocate or remove facilities as required in this Ordinance. ---PAGE BREAK--- ORDINANCE NO. 2284 PAGE 15 Failure to pay taxes, compensation, fees or costs when and as due the City under this ordinance. Insolvency or bankruptcy of the grantee. Violation of material provisions of this Ordinance. (10) Violation of the material terms of a franchise agreement. Section 39. Notice and Duty to Cure. If the City believes that grounds exist for revocation of a franchise, the City shall give the grantee written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the grantee a reasonable period of time, not exceeding 30 days, to furnish evidence that: Corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance; Rebuts the alleged violation or noncompliance; and/or It would be in the public interest to impose some penalty or sanction less than revocation. Section 40. Public Hearing. If a grantee fails to provide evidence reasonably satisfactory to the City as provided in Section 39, the City Administrator may refer the apparent violation or non-compliance to the City Council. The City Council shall provide the grantee with notice and a reasonable opportunity to be heard concerning the matter. Section 41. Standards for Revocation or Lesser Sanctions. If persuaded that the grantee has violated or failed to comply with material provisions of this Ordinance, or of a franchise agreement, the City Council shall determine whether to revoke the franchise, or to establish some lesser sanction and cure, considering the nature, circumstances, extent, and gravity of the violation as reflected by one or more of the following factors. Whether: The misconduct was egregious. Substantial harm resulted. The violation was intentional. There is a history of prior violations of the same or other requirements. There is a history of overall compliance. The violation was voluntarily disclosed, admitted or cured. ---PAGE BREAK--- ORDINANCE NO. 2284 PAGE 16 Section 42. Other City Costs. All grantees shall, within 30 days after written demand, reimburse the City for all reasonable direct and indirect costs and expenses incurred by the City in connection with any modification, amendment, renewal or transfer of the franchise or any franchise agreement consistent with applicable state and federal laws. Section 43. Facilities. Upon request, each grantee shall provide the City with an accurate map or maps certifying the location of all telecommunications facilities within the public rights of way. Grantees shall provide updated maps to the City semi-annually. Section 44. Damage to Grantee's Facilities. Unless directly and proximately caused by negligent, careless, wrongful, willful, intentional or malicious acts by the City, and consistent with Oregon law, the City shall not be liable for any damage to or loss of any telecommunications facility within the public rights of way of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public rights of way by or on behalf of the City, or for any consequential losses resulting directly or indirectly from such acts. Section 45. Duty to Provide Information. Except in emergencies, within 60 days of a written request from the City, each grantee shall furnish the City with the following: Information sufficient to demonstrate that grantee has complied with all requirements of this Ordinance. All books, records, maps, and other documents, maintained by the grantee with respect to its facilities within the public rights of way shall be made available for inspection by the City at reasonable times and intervals. Section 46. Service to the City. If the City contracts for the use of telecommunication facilities, telecommunication services, installation, or maintenance from the grantee, the grantee shall charge the City the grantee’s most favorable rate offered at the time of the request charged to similar users within Oregon for a similar volume of service, subject to any of grantee’s tariffs or price lists on file with the OPUC. With the City’s permission, the grantee may deduct the applicable charges from fee payments. Other terms and conditions of such services may be specified in a separate agreement between the City and grantee. Section 47. Compensation for City Property. If any right is granted, by lease, franchise or other manner, to use and occupy city property for the installation of telecommunications facilities, the compensation to be paid for such right and use shall be fixed by the City. Section 48. Cable Franchise. Telecommunication carriers providing cable service shall be subject to the requirements for cable franchises. Section 49. Leased Capacity. A grantee has the right, without prior City approval, to offer or provide capacity or bandwidth to its customers; however, the ---PAGE BREAK--- ORDINANCE NO. 2284 PAGE 17 grantee shall notify the City that such lease or agreement has been granted to a customer or lessee. Section 50. Grantee Insurance. Unless otherwise provided in a franchise agreement, each grantee shall, as a condition of the grant, secure and maintain the following liability insurance policies insuring both the grantee and the City, and its elected and appointed officers, officials, agents and employees as coinsured: Comprehensive general liability insurance with limits not less than $3,000,000 for bodily injury or death to each person; $3,000,000 for property damage resulting from any one accident; and, $3,000,000 for all other types of liability. Automobile liability for owned, non-owned and hired vehicles with a limit of $1,000,000 for each person and $3,000,000 for each accident. Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000. Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $3,000,000. The grantee shall maintain liability insurance policies required by this Section throughout the term of the telecommunications franchise, and such other period of time during which the grantee is operating without a franchise, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement: "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 90 days after receipt by the City, by registered mail, of a written notice addressed to the Woodburn City Attorney of such intent to cancel or not to renew." Within 60 days after receipt by the City of said notice, and in no event later than 30 days prior to cancellation, the grantee shall obtain and furnish evidence to the City that the grantee meets the requirements of this Section. As an alternative to the insurance requirements listed above, a grantee may provide evidence of self-insurance subject to review and acceptance by the City. Grantees shall either provide insurance coverage as described above for their contractors and subcontractors or require that the contractors and subcontractors provide evidence of such insurance coverage before beginning work in the public rights of way ---PAGE BREAK--- ORDINANCE NO. 2284 PAGE 18 Section 51. General Indemnification. To the extent permitted by law, each franchise agreement shall include grantee's express undertaking to defend, indemnify and hold the City and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this Ordinance or by a franchise agreement made or entered into pursuant to this Ordinance. Section 52. Performance Surety. Before a franchise granted pursuant to this Ordinance is effective, and as necessary thereafter, the grantee shall provide a performance bond, in form and substance acceptable to the City, as security for the full and complete performance of a franchise granted under this Ordinance, including any costs, expenses, damages or loss the City pays or incurs because of any failure attributable to the grantee to comply with the codes, ordinances, rules, regulations or permits of the City. This obligation is in addition to the performance surety required by Section 19 of this Ordinance for construction of facilities. Section 53. Governing Law. A franchise granted under this Ordinance is subject to the Constitution and laws of the United States, the State of Oregon and the ordinances and Charter of the City. Section 54. Written Agreement. No franchise shall be granted under this ordinance unless the agreement is in writing. ---PAGE BREAK--- ORDINANCE NO. 2284 PAGE 19 Section 55. Nonexclusive Grant. No franchise granted under this Ordinance shall confer any exclusive right, privilege, license or franchise to occupy or use the public rights of way of the City for delivery of telecommunications services or any other purposes. Section 56. Severability and Preemption. If any article, section, subsection, sentence, clause, phrase, term, provision, condition, covenant or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, or superseded by state or federal legislation, rules, regulations or decision, the remainder of the Ordinance shall not be affected but shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions. Each remaining section, subsection, sentence, clause, phrase, provision, condition, covenant and portion of this Ordinance shall be valid and enforceable to the fullest extent permitted by law. If federal or state laws, rules or regulations preempt a provision or limit the enforceability of a provision of this Ordinance, then the provision shall be read to be preempted only to the extent required by law. If such federal or state law, rule, or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision that had been preempted is no longer preempted, such provision shall return to full force and effect, and shall be binding, without the requirement of further action on the part of the City. Section 57. Penalty. In addition to, and not in lieu of any other enforcement mechanisms, a violation of any provision of this Ordinance constitutes a Class I Civil Infraction which shall be processed according to the procedures contained in the Woodburn Civil Infraction Ordinance. Each violation of this Ordinance constitutes a separate Civil Infraction, and each day that a violation of this Ordinance is committed or permitted to continue shall constitute a separate Civil Infraction. Section 58. Other Remedies. Nothing in this Ordinance shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforcement of this Ordinance. Section 59. Captions. The captions to sections throughout this Ordinance are intended solely to facilitate reading and reference to the sections. Such captions shall not affect the meaning or interpretation of this Ordinance and constitute no part of the law. Section 60. Compliance with Laws. A grantee under this Ordinance shall comply with all federal and state laws and regulations, including regulations of its administrative agencies, as well as all ordinances, resolutions, rules and regulations of the City adopted or established during the entire term of a franchise granted under this Ordinance, that are relevant and relate to the construction, maintenance and operation of a telecommunications system. Section 61. Consent. Wherever the consent of either the City or of the grantee is specifically required by this Ordinance or in a franchise granted, such consent will not be unreasonably withheld. ---PAGE BREAK--- ORDINANCE NO. 2284 PAGE 20 Section 62. Application to Existing Ordinance and Agreements. To the extent that this Ordinance is not in conflict with and can be implemented with existing ordinance and franchise agreements, this Ordinance shall apply to all existing ordinance and franchise agreements for use of the public right of way for telecommunications. Section 63. Confidentiality. The City shall preserve the confidentiality of information as requested by a grantee, to the extent permitted by the Oregon Public Records Law. Section 64. [Emergency clause.] Passed by the Council April 12, 2001, and approved by the Mayor April 13, 2001. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION ORDINANCE NO. 2315 PAGE 1 ORDINANCE NO. 2315 AN ORDINANCE ADOPTING PROCEDURES TO PREPARE FOR AND CARRY OUT ACTIVITIES TO PREVENT, MINIMIZE, RESPOND TO OR RECOVER FROM EMERGENCIES; PROVIDING A PROCESS FOR THE DECLARATION OF A STATE OF EMERGENCY; GRANTING THE AUTHORITY TO ORDER MANDATORY EVACUATIONS; PRESCRIBING A PENALTY; AND DECLARING AN EMERGENCY. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Title. This ordinance shall be known as the Emergency Management Ordinance of the City of Woodburn. Section 2. Purpose. The purpose of this ordinance is to provide procedures to minimize injuries to persons and property and to prepare for, respond to, and recover from any emergency within the incorporated area of the City of Woodburn. This ordinance is implemented by the City of Woodburn Emergency Management Plan. The authority to enact this ordinance is granted by the Woodburn Charter and ORS Chapter 401. Section 3. Definition of Emergency. “Emergency” is defined pursuant to ORS 401.025(4) as “any man-made or natural event or circumstance causing or threatening loss of life, injury to person or property, human suffering or financial loss, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material as defined in ORS 466.605, contamination, utility or transportation emergencies, disease, blight, infestation, crisis influx of migrants unmanageable by the county, civil disturbance, riot, sabotage and war.” Section 4. Emergency Management Agency. Pursuant to ORS 401.305, an “Emergency Management Agency” for the City of Woodburn is hereby established as specified in the City of Woodburn Emergency Management Plan which is incorporated herein by reference. The functions of the Emergency Management Agency include, but are not limited to, program development, fiscal management, coordination with government and nongovernmental agencies and organizations, public information, personnel training and development and implementation of exercises to test the system. Section 5. Emergency Management Plan. The procedures to prepare for and carry out any activity to prevent, minimize, respond to or recover from emergencies within the City of Woodburn are set out in the City of Woodburn Emergency Management Plan which is incorporated herein by reference. Section 6. Emergency Program Manager. The City Administrator shall appoint an Emergency Program Manager who shall be responsible for the organization, administration, and operation of the agency and coordination of emergency activities ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION ORDINANCE NO. 2315 PAGE 2 with county, state, and other governments and private organizations, subject to the direction and control of the City Council and City Administrator. Section 7. Declaration of State of Emergency. The authority to declare a state of emergency is delegated to the City Administrator. If the City Administrator is unable to act due to absence or incapacity, the Emergency Program Manager is delegated authority. If in the judgment of the Incident Commander, time does not permit access to the others authorized, the Incident Commander may declare a state of emergency. The City Council shall convene as soon as practical to ratify the state of emergency declaration. The declaration must include a description of the situation, existing conditions, and must delineate the geographic boundaries involved. Section 8. Conditions Required to Declare a State of Emergency. A state of emergency may be declared whenever an event or circumstance exists within the City of Woodburn that meets the definition of an emergency and requires a response under the City of Woodburn Emergency Management Plan. Section 9. Authority to Order Mandatory Evacuations. After a state of emergency has been declared, the City Administrator or Incident Commander may order mandatory evacuations of residents and other individuals pursuant to the City of Woodburn Emergency Management Plan if necessary for public safety or the efficient conduct of activities that minimize or mitigate the effects of the emergency. Section 10. Penalty. A. Any person, firm, corporation, association or entity who violates any emergency measure taken under the authority of this ordinance shall be subject, upon conviction, to a fine of not more than $500 per offense. B. Each day of violation shall be deemed a separate offense for purposes of imposition of penalty. C. The penalty provisions contained in this ordinance are in addition to and not in lieu of any other procedures and remedies provided to the city by law, including equitable relief and damages. Section 11. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 12. [Emergency clause.] Passed by the Council May 13, 2002 and approved by the Mayor May 14, 2002. THE FULL TEXT OF THE EMERGENCY MANAGEMENT PLAN IS ON FILE FOR REFERENCE IN THE OFFICE OF THE CITY RECORDER. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION ORDINANCE NO. 2381 PAGE 1 ORDINANCE NO. 2381 AN ORDINANCE ADOPTING RULES FOR PUBLIC CONTRACTING; ESTABLISHING CERTAIN CONTRACT CLASS EXEMPTIONS; PROVIDING PROCEDURES FOR PERSONAL SERVICE CONTRACTS; AND DECLARING AN EMERGENCY. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. A. "Formal competitive selection procedures" means procedures for public contracting as required by ORS 279B.050(1) (competitive sealed bids or competitive sealed proposals for goods and services), or ORS 279C.335(1) (competitive bids for public improvements) or, for personal service contracts, the same formal procedures required for the selection of goods and services pursuant to ORS 279B.060 (competitive sealed proposals). B. "Formal competitive selection process" means the process of using formal competitive selection procedures for the procurement of goods and services or for public improvements contracts. C. "Personal service contracts" include contracts for services that require specialized technical, artistic, creative, professional or communication skills or talent, unique and specialized knowledge, or the exercise of discretionary judgment skills, and for which the service depends on attributes that are unique to the service provider, other than contracts for an architect, engineer, land surveyor or provider of related services as defined in ORS 279C.100. Section 2. Local Contract Review Board. The City Council of the City of Woodburn is designated as the Local Contract Review Board under the Oregon Public Contracting Code. The Local Contract Review Board may delegate its powers and responsibilities consistent with the Oregon Public Contracting Code, the Model Rules, and the Woodburn City Charter and ordinances. Section 3. Contracting Agency. The City Administrator or his/her designee is designated as the City's "Contracting Agency" for purposes of contracting powers and duties assigned to the City of Woodburn as a "Contracting Agency." Section 4. Model Rules. Except as modified herein, or by subsequent ordinance or resolution, the Model Rules, Divisions 46, 47, 48 and 49, adopted by the Attorney General under ORS 279A, 279B, and 279C, as they now exist, and as they may be amended in the future, are hereby adopted as the City's public contracting rules. Words and phrases used by these rules that are defined in ORS subchapters 279A, 279B, and 279C and in the Model Rules, have the same meaning as defined in ORS subchapters 279A, 279B, and 279C and the Model Rules. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION ORDINANCE NO. 2381 PAGE 2 Section 5. Public Contracting Authority. Administrative staff and departments have contracting authority and responsibilities as follows: A. The City Administrator is authorized to: 1. Enter into city contracts not to exceed $75,000 without additional authorization of the Local Contract Review Board. Contracts exceeding $75,000 for public improvements, identified in a Capital Improvement Plan, that have been approved by the City Council through the budgetary process, shall be deemed to be approved by the Local Contract Review Board. 2. Recommend that the Local Contract Review Board approve or disapprove contract awards in excess of $75,000, or to change orders or amendments to contracts of more than $75,000. 3. Adopt forms, computer software, procedures, and administrative policies for all City purchases consistent with the Woodburn City Charter and ordinances. B. All contracting by departments shall conform to approved City purchasing procedures adopted by the City Administrator or the Local Contract Review Board. C. Each department shall plan purchase requirements sufficiently in advance so that orders can be placed in economical quantities. D. The City Administrator shall process requisition forms and negotiate purchases on the most favorable terms in accordance with adopted ordinances, state laws (including the Oregon Public Contracting Code), policies and procedures. Section 6. Formal Competitive Selection Procedures-Exemptions. All public contracts shall be based upon formal competitive selection requirements of ORS 279B.050(1) or ORS 279C.335(1), except as expressly provided in this subsection, or by subsequent ordinance or resolution. The following classes of public contracts are hereby exempted from the formal competitive selection requirements of ORS 279B.050(1) and ORS 279C.335(1): A. Any contract exempted by the State of Oregon Public Contracting Code or Model Rules; B. Any contract expressly exempted from formal competitive selection procedures adopted by ordinance or resolution of the Local Contract Review Board pursuant to ORS 279B.085; C. Purchases through federal programs pursuant to ORS 279A.180; ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION ORDINANCE NO. 2381 PAGE 3 D. In the event of an emergency involving an immediate hazard to the public health, safety, or welfare, the City Administrator, Finance Director, Public Works Director, or Chief of Police may secure necessary goods and/or services without a formal competitive selection process, provided that the Local Contract Review Board, at a regularly scheduled meeting within 30 days of the procurement, is furnished with a full report of the circumstances and costs of the materials and/or services secured; E. Contracts for goods or services, or a class of goods or services, which are available from only one source. To the extent reasonably practical, the City Administrator shall negotiate with the sole source to obtain contract terms advantageous to the City. Sole source contracts for goods or services, or classes of goods or services, which are available from only one source which exceed $5,000, but do not exceed $75,000, must be approved by the City Administrator. Sole source contracts for goods or services, or classes of goods or services, which are available from only one source which exceed $75,000 must be approved by the Local Contract Review Board. The determination of a sole source must be based on written findings that may include: 1. That the efficient utilization of existing goods requires the acquisition of compatible goods or services; 2. That the goods or services required for the exchange of software or data with other public or private agencies are available from only one source; 3. That the goods or services are for use in a pilot or experimental project; 4. Other findings that support the conclusion that the goods or services are available from only one source; or 5. Sole source contracts for goods or services, or classes of goods or services, which are available from only one source which exceed $5,000, but do not exceed $75,000, must be approved by the City Administrator. Sole source contracts for goods or services, or classes of goods or services, which are available from only one source which exceed $75,000 must be approved by the Local Contract Review Board; F. Contracts for products, services or supplies if the value of the contract does not exceed $5,000. Any procurement of goods or services not exceeding $5,000 per item may be awarded in any manner deemed practical or convenient by the City Administrator, including by direct selection or award. A contract awarded under this section may be amended to exceed $5,000 only upon approval of the City Administrator and in no case may exceed $6,000. A procurement may not be artificially divided or fragmented so as to constitute a small procurement under this selection; G. Contracts for the purchase of copyrighted materials where there is only one supplier available within a reasonable purchase area for such goods; H. Contracts for the purchase of advertising, including that intended for the purpose of giving public or legal notice; ---PAGE BREAK--- ORDINANCE NO. 2381 PAGE 4 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION I. Contracts for the procurement of banking services; J. Contracts for the purchase of services, equipment or supplies for maintenance, repair or conversion of existing equipment if required for efficient utilization of such equipment; K. Contracts for the purpose of investment of public funds or the borrowing of funds; L. Contracts for the purchase of goods or services where the rate or price for the goods or services being purchased is established by federal, state or local regulating authority; M. Contracts not to exceed $75,000 for the purchase of goods, materials, supplies and services. For contracts for the purchase of goods, materials, supplies and services that are more than $5,000, but that do not exceed $75,000, a minimum of three competitive written quotes shall be obtained. The City Administrator shall keep a written record of the source and amount of quotes received. If three quotes are not available, a lesser number will suffice, provided that a written record is made of the effort to obtain the quotes; N. Contracts not to exceed $75,000 for public improvements, including contracts for services of architects, engineers, land surveyors and related services, (other than contracts for a highway, bridge or other transportation projects), if the following conditions are met: 1. The contract is for a single project and is not a component of or related to any other project; 2. When the amount of the public improvement contract (other than contracts for a highway, bridge or other transportation projects) is more than $5,000, but does not exceed $75,000, a minimum of three competitive written quotes shall be obtained. The City Administrator shall keep a written record of the source and amount of quotes received. If three quotes are not available, a lesser number will suffice, provided that a written record is made of the effort to obtain the quotes; 3. The City Administrator shall award the contract to the prospective contractor whose quote will best serve the interests of the City, taking into account price and other applicable factors, such as experience, specific expertise, availability, project understanding, contractor capacity and contractor responsibility. If the contract is not awarded on basis of lowest price, the City Administrator shall make a written finding of the basis for the award; O. Contracts for a highway, bridge or other transportation projects more than $5,000, but not to exceed $50,000, if the following conditions are complied with: 1. The contract is for a single project and is not a component of or related to any other project; ---PAGE BREAK--- ORDINANCE NO. 2381 PAGE 5 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION 2. When the amount of the contract for a highway, bridge or other transportation projects is more than $5,000, but does not exceed $50,000, a minimum of three competitive written quotes shall be obtained. The City Administrator shall keep a written record of the source and amount of quotes received. If three quotes are not available, a lesser number will suffice, provided that a written record is made of the effort to obtain the quotes; 3. The City Administrator shall award the contract to the prospective contractor whose quote will best serve the interests of the City, taking into account price and other applicable factors, such as experience, specific expertise, availability, project understanding, contractor capacity and contractor responsibility. If the contract is not awarded on basis of lowest price, the City Administrator shall make a written finding of the basis for the award. Section 7. Notice of Public Contracts. Notice of public improvement contracts or contracts for the purchase of goods or services may be published electronically where the City Administrator finds that such publication is likely to be cost effective as provided in ORS 279C.360. Section 8. Disposal of Surplus and Abandoned Property. The City Administrator shall have the authority to dispose of surplus property and abandoned personal property not owned by the City by any means determined to be in the best interests of the City, including but not limited to, transfer to other departments, government agencies, non- profit organizations, sale, trade, auction, or destruction; provided however, that disposal of personal property having residual value of more than $10,000 shall be subject to authorization by the Local Contract Review Board. Section 9. Personal Service Contracts. Personal service contracts shall be used to retain the services of independent contractors (other than contracts for an architect, engineer, land surveyor or provider of related services as defined in ORS 279C.100). Nothing in this section shall apply to the employment of regular city employees. Section 10. Procedures for Personal Services Contracts. Personal service contracts are subject to the rules established by this section: A. Unless otherwise approved by the City Administrator, all personal service contracts shall require the contractor to defend, indemnify, and hold harmless the City, its officers, agents and employees against and from any and all claims or demands for damages of any kind arising out of or connected in any way with the contractor's performance thereunder and shall include a waiver of contractor's right to ORS 30.285 and ORS 30.287 indemnification and defense. ---PAGE BREAK--- ORDINANCE NO. 2381 PAGE 6 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION B. Unless otherwise approved by the City Administrator, personal service contracts shall contain a provision requiring the person or entity providing the service to obtain and maintain liability insurance coverage in at least the amount of the City's tort liability limits, naming the City as an additional named insured, during the life of the contract. C. All personal service contracts shall contain all contract provisions mandated by state law. These provisions may be incorporated in the personal service contract by reference unless otherwise provided by law. D. The formal competitive selection procedures described in this section may be waived by the City Administrator when an emergency exists that could not have been reasonably foreseen and requires prompt execution of a contract to remedy the situation that there is not sufficient time to permit utilization of the formal competitive selection procedures. E. Personal service contract proposals may be modified or withdrawn at any time prior to the conclusion of discussions with an offeror. F. For personal service contracts that are anticipated to cost $5,000 or less, such contracts must be memorialized by a formal purchase order. G. For personal service contracts that are anticipated to exceed $5,000, but not exceed $75,000, at least three competitive written quotes from prospective contractors who shall appear to have at least minimum qualifications for the proposed assignment, shall be solicited. Each solicited contractor shall be notified in reasonable detail of the proposed assignment. Any or all interested prospective contractors may be interviewed for the assignment by an appropriate City employee or by an interview committee. H. For personal service contracts that are anticipated to cost in excess of $75,000, the department head for the department that needs the services shall make the following determinations: 1. That the services to be acquired are personal services; 2. That a reasonable inquiry has been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel nor resources to perform the services required under the proposed contract; and 3. That the department has developed, and fully plans to implement, a written plan for utilizing such services, which will be included in the contractual statement of work. ---PAGE BREAK--- ORDINANCE NO. 2381 PAGE 7 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION I. All personal service contracts exceeding $75,000 shall be based upon formal competitive selection procedures, except as expressly provided in this subsection, or by subsequent ordinance or resolution. For personal service contracts that are anticipated to cost in excess of $75,000 per year, the department head for the department that needs the services shall follow the formal competitive selection procedures for formal competitive sealed proposals as found in the Model Rules, OAR [PHONE REDACTED]. Section 11. Personal Services Contracts – Exemptions from Formal Competitive Selection Procedures. Contracts for personal services are exempt from formal competitive selection procedures if any of the following conditions exist: A. The contract amount is anticipated to be $75,000 or less. B. Contract amendments, which in the aggregate change the original contract price or alters the work to be performed, may be made with the contractor if such change or alternation is less than twenty-percent (25%) of the initial contract, and are subject to the following conditions: 1. The original contract imposes binding obligation on the parties covering the terms and conditions regarding changes in the work; or 2. The amended contract does not substantially alter the scope or nature of the project. C. The City Administrator finds that there is only one person or entity within a reasonable area that can provide services of the type and quality required. D. The contract for services is subject to selection procedures established by the State or Federal government. E. The contract is for non-routine or non-repetitive type legal services provided by attorneys outside of the City Attorney’s Office. Section 12. Personal Services Contracts-Screening Criteria. The following criteria shall be considered in the evaluation and selection of a personal service contractor for personal service contracts: A. Specialized experience in the type of work to be performed. B. Capacity and capability to perform the work, including any specialized services within the time limitations for the work. C. Educational and professional record, including past record of performance on contracts with governmental agencies and private parties with respect to cost control, quality of work, ability to meet schedules, and contract administration, where applicable. ---PAGE BREAK--- ORDINANCE NO. 2381 PAGE 8 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION D. Availability to perform the assignment and familiarity with the area in which the specific work is located, including knowledge of designing or techniques peculiar to it, where applicable. E. Cost of the services. F. Any other factors relevant to the particular contract. Section 13. Personal Services Contracts-Selection Process. The following rules shall be followed in selecting a contractor for personal services: A. Personal service contracts less than $5,000 may be awarded in any manner deemed practical including by direct selection or award by the City Administrator (or any person with purchasing authority). A personal service contact awarded under this section may be amended to exceed $5,000 only upon approval of the City Administrator any in no case may exceed $6,000. A personal service contract may not be artificially divided or fragmented. B. For personal service contracts that exceed $5,000, but do not exceed $75,000, the department head for the department that needs the services shall award the contract to the offeror whose quote or proposal will best serve the interests of the City, taking into account the relevant criteria found in this ordinance. The Department Head shall make written findings justifying the basis for the award. C For personal service contracts that will cost $75,000 or more, the City Administrator shall award the contract based upon the formal competitive selection processes found in the Model Rules. The City Administrator shall make written findings justifying the basis of the award. D. The City official conducting the selection of a personal service contact shall negotiate a contract with the best qualified offeror for the required services at a compensation determined in writing to be fair and reasonable. Section 14. [Emergency clause.] Passed by the Council February 28, 2005 and approved by the Mayor March 2, 2005. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION ORDINANCE NO. 2428 PAGE 1 ORDINANCE NO. 2428 AN ORDINANCE DELEGATING TO THE MUNICIPAL JUDGE THE AUTHORITY TO APPOINT MUNICIPAL JUDGES PRO TEM SUBJECT TO THE PROCESS PROVIDED IN THIS ORDINANCE. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Consistent with the Charter and pursuant to this Ordinance, one or more Municipal Judges pro tem may be appointed to serve when the Municipal Judge is ill, disqualified or otherwise unavailable. Municipal Judges pro tem, when acting in that capacity, shall have all the duties and powers of the Municipal Judge. Section 2. Municipal Judges pro tem shall be members in good standing of the Oregon State Bar. Section 3. Municipal Judges pro tem may be appointed by the Municipal Judge, subject to the authority vested in the Council under the Charter to hire and terminate judges of the Municipal Court and the discretion of the Council to amend or repeal the procedures provided in this Ordinance. The Municipal Judge may terminate any appointment to the position of Municipal Judge pro tem, with or without cause. The Municipal Judge shall within 30 days advise the Council of all appointments, resignations and terminations of Municipal Judges pro tem. The Council retains its authority to disapprove or terminate the appointment on a Municipal Judge pro tem, with or without cause, but until the Council so acts, a Municipal Judge pro tem shall have the power to serve after taking the oath of office prescribed in Section 28 of the Charter. Section 4. Assignment of a Municipal Judge pro tem to serve in particular matters or cases shall be made by the Municipal Judge. If the Municipal Judge does not make an assignment, it may be made administratively by the clerk of the Municipal Court in accordance with directions or procedures previously established by the Municipal Judge. Section 5. The City Council may by resolution establish the rate of any compensation to be paid to Municipal Judges pro tem for services performed in that capacity. Section 6. Any action, decision or judgment made or taken by a Municipal Judge pro tem prior to the effective date of this Ordinance is in all respects ratified and confirmed, and shall remain effective and binding, whether or not the Municipal Judge pro tem was appointed in accordance with the standards set forth in this Ordinance. Passed by the Council January 14, 2008 and approved by the Mayor January 16, 2008. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION ORDINANCE NO. 2433 ORDINANCE NO. 2433 AN ORDINANCE REPEALING ORDINANCE 2368 (THE 2004-05 MASTER FEE SCHEDULE); ADOPTING THE 2007-08 REVISED SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES; PROVIDING FOR THE ANNUAL REVIEW OF SAID FEE SCHEDULE; AND SETTING AN EFFECTIVE DATE. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Repeal. The 2004-05 Master Fee Schedule adopted on August 9, 2004 as Ordinance 2368 is hereby repealed. All fees and charges which are inconsistent with this Ordinance are hereby repealed. Section 2. Fee Schedule Adoption. The City hereby adopts the 2007-08 Master Fee Schedule affixed hereto as Attachment listing applicable fees and charges which shall be charged and collected for those services enumerated. Section 3. Separate Fee For Additional Process. All fees set by this Ordinance are for each identified process; additional fees shall be required for each additional process or service that is requested or required. Where fees are indicated on a per unit of measurement basis, the fee is for each identified unit or portion thereof within the indicated ranges of such units. Section 4. Review. It is the intention of the City Council to review the fees and charges adopted by this Ordinance on an annual basis based on the City’s next annual budget and all the City’s costs reasonably borne as established at the time and, if warranted, to revise such fees and charges based thereon. Passed by the Council March 10, 2008, and approved by the Mayor March 26, 2008. ---PAGE BREAK--- ORDINANCE NO. 2433 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION City of Woodburn, Oregon: Planning Division Fee Schedule Land Use Application Type or Planning Service Fee Note Pre-Application Conference or Meeting (PRE) $710 Annexation (ANX): WDO 5.04.01 Annexation - more than 1.00 acre $5,135 Annexation - less than or equal to 1.00 acre $2,657 Appeal, Land Use: Appeal to City Council (Type III) $140 + ½ of original application fee but maximum total $2,797. Appeal to City Council (Type II) $250 Comprehensive Plan Amendment: WDO 5.04.02 -more than 1.00 acre $4,869 -less than or equal to 1.00 acre $4,670 Conditional Use (CU) $5,584 Design Review (DR): Type I $710 Type II or higher: Up to 3,000 square feet (sq ft) total $6,335 Type II or higher: More than 3,000 and fewer than 30,000 total sq ft $9,832 Type II or higher: 30,000 or more total sq ft $20,140 Grading Permit (GRAD) $710 Interpretation [of the WDO], formal $2,735 Manufactured Dwelling Park: Preliminary Approval $4,880 Final Plan Approval $1,684 Middle Housing Land Division (MHLD − Preliminary Approval $3,854 − Final Plat Approval $1,927 Modification of Conditions (MOC) $140 plus ½ of original application fee. Partition (PAR): Preliminary Approval (PAR) $3,854 Final Plat Approval (FPAR) $1,927 Phasing Plan (PP) $2,222 Planned Unit Development (PUD): WDO 3.09 Conceptual Development Plan / Preliminary $4,641 plus $57 per lot. Design Final Plan / Detailed Development Plan $1,425 Final Plat Approval $4,020 Property Line Adjustment (PLA); Lot Consolidation - More than 1.00 acre $2,098 - Less than or equal to 1.00 acre $710 Residential Architectural Standards Substitution $559 Riparian Corridor Wetland Overlay District $694 Sign Permit (SIGN): WDO 3.10 -Permanent: freestanding $539 Each sign for which a sign permit is required requires fee payment ---PAGE BREAK--- ORDINANCE NO. 2433 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION -Permanent: other than freestanding (includes wall) $119 Each sign for which a sign permit is required requires fee payment -Temporary Free Specific Conditional Use – Historically or Architecturally Significant Building $1,787 "Street Adjustment" (SA): Type II $4,185 Type III or higher $4,724 Subdivision (SUB): Preliminary Approval (SUB) $5,869 plus $57 per lot. Final Plat Approval (FSUB) $4,020 Telecommunication Facility, Specific Conditional Use $3,403 Special Event Permit (SPEV) $171 Variance (VAR): WDO 5.03.12 -consolidated with another land use application $3,285 - 1st request $4,864 Each additional request $710 Zone Map Amendment / Zone Change (ZC) (re- zoning) $4,781 Zoning Adjustment (ZA) $3,647 Land Use Application Type or Planning Service, cont. Fee Note Addressing Assignment, Street - Base Fee $228.00 A. For a residential, commercial, or industrial complex of buildings Base fee + $4 per building B. For multiple lots and/or tracts Base fee + $4 per lot and tract Bond or performance guarantee release or status letter $52 Civil engineering plan(s) (CEP) review, Due upon CEP application to the Public Works Dept. Does not abrogate any fees that the Public Works Department requires through its fee schedule. - 1st submittal $363 -2nd and successive submittal $259 Drafting of development agreement, intergovernmental agreement (IGA), or memorandum of understanding (MOU) $2,590 Exception to when all public improvements are due/delay or deferral of frontage/street improvements $4,695 Applicable if developer obtains Public Works Department approval of exception (delay/deferral) through WDO 3.01.02E(1) & Fee serves as exception disincentive. ---PAGE BREAK--- ORDINANCE NO. 2433 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION Expedited Land Use Review: - Partition (other than middle housing) $6,548 - Subdivision (other than middle housing) $9,386 - Middle Housing Land Division (MHLD) $9,386 Expedited review (for land use review, not building permit review) $93/ hour Fence permit Free Home occupation review Free Land Use Compatibility Statement (LUCS) or other jurisdictional permit sign-off $355 Extension of a development decision $710 Site inspection - 1st & 2nd inspection Free -3rd and successive inspection $259 Transportation impact analysis (TIA) review $932 Zoning verification letter $104 Planning service 1.5 hours or more (by appointment) $93/ hour Applied per Director discretion. Planning front counter, email, and phone inquiry service Free Printing and copying: Mimics the Public Works fee schedule printing and copying items. -Letter / 8½ by 11 inches black and white or grayscale 5¢ per page. (Min. 200 pages to charge.) -Letter / 8½ by 11 inches color 75¢ per page. (Min. 14 pages to charge.) -Ledger / 11 by 17 inches Twice the applicable letter rate per sheet. (B&W: min. 100 sheets to charge; color: min. 7 sheets to charge) -Plan size / 24 by 36 inches, or any large map $25 per sheet. Land Use Application Type or Planning Service, cont. Fee Note Significant Tree fees: WDO 3.06.07D.2 & 6 and 5.01.11 Significant Tree Removal Permit (TREE) Tier 1: $228 application fee + $155 mitigation deposit Tier 2: $435 or $539 application fee + $155 mitigation deposit Tier 3: $642 or $850 application fee + $259 or $518 mitigation deposit Tier 4: $850, $1,471, or $155/inch of DBH application fee + $518 or $984 mitigation deposit Diameter at breast height (DBH) Annexation (ANX) context: WDO 3.06.07J Removal of tree approved for removal, per Per Note. Equal to highest removal fee among those for ---PAGE BREAK--- ORDINANCE NO. 2433 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION tree T4. (As amended by Ordinance 2622 passed February 26, 2024) (As amended by Ordinance 2609 passed April 24, 2023) Community Services Aquatic Center Regulation, Product or Service Fee Notes (Add'l Fees, General Admission –infant (0-2 years) $0.00 –youth (3-17) $4.50 –adult (18-59) $5.50 –honored citizens (60+) $4.50 –family $18.00 includes up to 2 adults & 3 kids Group Admissions (10+ people) –admission with party room rental $3.00 10 or more people –admission when booked in advance (each) $3.50 10 or more people Regulation, Product or Service Fee Notes (Add'l Fees, Equipment, Etc.) Public Records Requests Records Production – General Fulfillment • $40 for Clerical Fulfillment Time • $75 for Managerial Fulfillment Time (e.g. Senior IT, HR) Charged to the nearest 1/4 hour Records Production – Legal Review and/or Redaction Time Fee equivalent to the salary (hourly wage plus benefits) of each employee involved for processing the request Charged to the nearest 1/4 hour Records Production – Police Department Fulfillment Fee equivalent to the salary (hourly wage plus benefits) of each employee involved for processing the request Charged to the nearest 1/4 hour Photocopies $0.25 per page General Service Documents 8.5 x 11, 8.5 x 14, 11 x 17; Oversized Documents charged at actual cost Media Actual cost of media item(s) provided Includes providing CDs, USB drives, or other electronic media as part of fulfilling the request Postage Actual cost based on current postage rates (As amended by Ordinance 2640 passed September 8, 2025) ---PAGE BREAK--- ORDINANCE NO. 2433 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION –admission not booked in advance (each) $4.00 10 or more people Punch Cards (20 visits) –youth (3-17) $75.00 Punch cards Expire after one year –adult (18-59) $95.00 –honored citizens (60+) $75.00 3-Month Pass –youth (3-17) $92.00 –adult (18-59) $125.00 –honored citizens (60+) $92.00 –family $229.00 includes up to 2 adults & 3 kids Reoccurring Pass (electronic funds transfer) –youth (3-17) $34.00 –adult (18-59) $45.00 –honored citizens (60+) $34.00 –family $80.00 Group Memberships (generally corporate) –10+ individuals $25.00 per month per member –25+ individuals $23.00 per month per member –50+ individuals $21.00 per month per member Rentals –lane rental (per hour) $20.00 –high school swim team rental (per lane hour) $7.00 per lane hour –high school swim team rental-out of city (per lane hour) $8.50 per lane hour –private after hours (per hour) $150.00 up to $25 people ($1.00 each add’l) –party room (per hour) $35.00 Lessons, Training, Swim Instruction –group swimming lessons $45.00 10 30-minute lessons –private swimming lessons $160.00 10 30-minute lessons –semi-private swimming lessons $80.00 10 lessons with 2-3 students ---PAGE BREAK--- ORDINANCE NO. 2433 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION –lifeguard training $0.00 –swim instructor training $0.00 –jr. lifeguard training $40.00 –aquatics day camp $35.00 Other –locker rental (day use) $1.00 locker rental $15.00 locker rental (members) $10.00 (As amended by Ordinance 2609 passed April 24, 2023) Community Services--Parks Regulation, Product or Service Cost of Service Athletic Field Rentals Private Field Prep Soccer, Softball, Baseball $40 per game Athletic Field Lighting $15 per hour Centennial Park Ball Field $25 per hour Centennial Park Youth Soccer Field $25 per hour Centennial Park Adult Soccer Field $25 per hour Legion Park Soccer Field – Turf $50 per hour Settlemier Park Ball Field $25 per hour Sport Courts (basketball, pickleball, $10 per hour Park and Athletic Field Rentals Commercial Field Prep Soccer, Softball, Baseball $60 per game Athletic Field Lighting $20 per hour Centennial Park Ball Field $37.50 per hour Centennial Park Youth Soccer Field $37.50 per hour Centennial Park Adult Soccer Field $37.50 per hour Legion Park Soccer Field – Turf $75.00 per hour Settlemier Park Ball Field $37.50 per hour Sport Courts (basketball, pickleball, futsol, etc.) $15.00 per hour Park/Facility Rentals – Private (impact fee applies when usage exceeds shelter maximum capacity) Any Entire Park $450 per day ---PAGE BREAK--- ORDINANCE NO. 2433 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION Centennial Park Picnic $30 fee is per hour – 2 hour minimum (impact rate is $35) Legion Park Picnic $36 fee is per hour – 2 hour minimum (impact rate is $43) Settlemier Park Picnic – North $27.50 fee is per hour – 2 hour minimum (impact rate is $33) Settlemier Park Picnic – South $27.50 fee is per hour – 2 hour minimum (impact rate is $33) Senior Estates Park Picnic $27.50 fee is per hour – 2 hour minimum (impact rate is $33) Hazel Smith Plaza $27.50 fee is per hour – 2 hour minimum (impact rate is $33) Dahlia Plaza $22.00 fee is per hour – 2 hour minimum (impact rate is $27) Downtown Plaza Gazebo $27.50 fee is per hour – 2 hour minimum (impact rate is $33) Woodburn Museum $35 fee is per hour – 2 hour minimum Bungalow Theater $50 fee is per hour – 2 hour minimum Museum/Theater $75 fee is per hour – 4 hour minimum Special Event Permit $1500 per day Special Event Permit Add’l Days $800 per add’l day Park/Facility Rentals Commercial Any Entire Park $720 per day Centennial Park Picnic $45 fee is per hour – 2 hour minimum (impact rate is $54) Legion Park Picnic $54 fee is per hour – 2 hour minimum (impact rate is $65) Settlemier Park Picnic – North $42 fee is per hour – 2 hour minimum (impact rate is $50) Settlemier Park Picnic – South $42 fee is per hour – 2 hour minimum (impact rate is $50) Senior Estates Park Picnic $42 fee is per hour – 2 hour minimum (impact rate is $50) Hazel Smith Plaza $42 fee is per hour – 2 hour minimum (impact rate is $50) Dahlia Plaza $33 fee is per hour – 2 hour minimum (impact rate is $43) Downtown Plaza Gazebo $42 fee is per hour – 2 hour minimum (impact rate is $50) Woodburn Museum $52.50 fee is per hour – 2 hour minimum Bungalow Theater $75 fee is per hour – 2 hour minimum Museum/Theater $112.50 fee is per hour – 4 hour minimum Special Event Permit $2250 per day ---PAGE BREAK--- ORDINANCE NO. 2433 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION Special Event Permit Add’l Days $1200 per add’l day (As amended by Ordinance 2609 passed April 24, 2023) Recreation Programs Adult Basketball $600 per team. $50 early registration discount Adult Soccer $450 per team. $50 early registration discount Adult Drop-In Sports Class $5 Adult Trips n/a varies, depending on distance of trip, this fee only covers transportation costs. Individuals are responsible for After School Club $100 per term dependent upon agreement w/WSD Senior Trips n/a varies, depending on distance of trip, this fee only covers transportation costs. Individuals are responsible for Teen Programs n/a depended on grant funding Youth Basketball $60 $10 early registration discount Youth Soccer $60 $10 early registration discount Youth T-Ball $60 $10 early registration discount Pee Wee sports $45 $10 early registration discount Summer Day Camp –per week $75 –all 9 weeks $575 Walt's Run –Individual $15 Sponsor support $500 sponsorship –Family (5 people max) $50 Sponsor support $500 sponsorship Regulation, Product or Service Fee Notes (Add'l Fees, Equipment, Etc.) Community Services--Library Fee for Interlibrary Loans Postage As required Fines for Overdue Library Materials $0.25 per day $.25/day, max of $5.00 per item Key Ring Cards None Replacement Library Cards $1.00 per card after first replacement Lost Books and Materials list price Non-Resident Borrowing Card --Inside $60 Per year --Outside $75 Per year Printing $0.10 per impression Color Printing $1.00 per impression Conference Room $14 per hour during business hours (for groups charging admission) Room Use Monitor Fee $40 per hour for room use after business hours in addition to room use fee (only for groups charging admission) ---PAGE BREAK--- ORDINANCE NO. 2433 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION Copy Fees (documents including fax & e-mail) $0.05 fee charged per page side (plus a research fee of $41/ hour, charged to the nearest 1/4 hour only for complex duplicative requests requiring over 1/4 hour research). additional charges may be added for postage and handling, if necessary. Copy Fees (tapes) $3 fee charged per tape (plus a research fee of $41/ hour, charged to the nearest 1/4 hour only for complex duplicative requests requiring over 1/4 hour research). additional charges may be added for postage and handling, if necessary. Copy of the Budget $0 budget provided for free to public Liquor License --new (all types) $100 plus noticing costs in the event of a denial --change in ownership/location/privilege $75 plus noticing costs in the event of a denial --renewal (all types) $35 plus noticing costs in the event of a denial --temporary/special event liquor license $35 plus noticing costs in the event of a Lien Filing $34 Lien Search Fees $28 NSF Check (Avoidance) $10 payment to avoid water shut- off (in addition to check fee) NSF Check (1st and 2nd) $35 NSF Check (3rd) $40 Public Dance Permit $143 Solicitors' License --new $102 --renewal $45 Use of Carnegie Room $16 per hour, during business hours, only for groups charging admission Use of Multi-Purpose room $20 per hour, during business hours, only for groups charging admission Regulation, Product or Service Fee Notes (Add'l Fees, Equipment, Etc.) Finance ---PAGE BREAK--- ORDINANCE NO. 2433 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION Sound Amplification Permit $33 Regulation, Product or Service Fee Notes (Add'l Fees, Equipment, Police Archived Records Retrieval $19 Computer Records Scan $19 Fingerprinting (for SD) $29 fee charged per person Investigation for private parties $87 Nuisance Abatement –first hour $159 –each add'l hour or fraction Contract or Administrative Fee 10% of the total actual Fee shall be a minimum of $75 and shall not exceed $1,000. Processing Compact Disk Prints $58 Processing Photo Prints $14 Tow Uninsured Vehicle $150 Police/Traffic Accident Report $23 Vegetation Abatement –first hour $120 –each add'l hour or fraction thereof $58 Regulation, Product or Service Fee Notes (Add'l Fees, Equipment, Etc.) Public Works Construction Permit for Work in the ROW –under $5,000 5% of Imp. But not less than $100 –$5,000 - $25,000 $250 + 4% over 5K –$25,000 - $100,000 $1,000 + 3% over 25K –over $100,000 $3,000 + 2% over 100K Weep Holes--First $300.0 For First Weep Hole Weep Holes--Each Additional $50.00 Ea. Additional Sewer Tap $202 Water Service Installation Charges and Meter Deposits line and 5/8" meter $368 - Meter Deposit $75 line and meter $547 - Meter Deposit $90 –1-1/2" line and meter $1,134 - Meter Deposit $125 line and meter $1,134 - Meter Deposit $150 line and meter Cost based on actual labor and material cost + 15% ---PAGE BREAK--- ORDINANCE NO. 2433 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION - Meter Deposit $170 4 Inch Line and Meter Cost based on actual labor and material cost + 15% - Meter Deposit $275 6 Inch Line and Meter Cost based on actual labor and material cost + 15% - Meter Deposit $540 8 Inch Line and Meter Cost based on actual labor and material cost + 15% - Meter Deposit $600 Utility Late Fees Delinquent balance-first notice $10 Delinquent balance-second notic $10 Restore disconncected service $25 Turn off/onn $35 for reasons other than non-payment (excludes emergency such as waterline or equipment breakage) Curb Cuts $134 fee for two cuts Approaches $2 fee charged per foot Regulation, Product or Service F Notes (Add'l Fees, Equipment, Etc.) Public Works--continued T & E $1 fee charged per $1,000 valuation on building permit Charge for Leak Adjustment Service $49 deducted from total credit of leak adjustment [Ordinance 1866] Charge for Lock Removal/Meter n/a charges are based on actual cost of replacement locks/meters ctu or damaged by users, and labor cost for staff to replace items B&W Copies--24" x 36" (full sheet) $12 B & W Copies--18" x 24" (half sheet) $12 24" x 36" (Aerials, Ward Maps, 1"=800' City Maps, Plotted) $25 Water Service Related Charges Deposit Application for 5/8" lines $75 Other Deposit Amount $90 –1-1/2" $125 $150 $170 $275 $540 $600 ---PAGE BREAK--- ORDINANCE NO. 2433 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION Bulk Water Rate $30 Meter Error (when customer requests the city to test the meter serving individual's premises [Ordinance 1866] –5/8"-3/4" $35 Regulation, Product Fee Notes (Add'l Fees, Equipment, Etc.) Public Works--continued Meter Error--continued $71 –1-1/2" $71 $106 $106 $142 $177 $213 Outside City Surcharge for Water n/a Hardship Relief [Ordinance 1965] n/a Hydrant Relocation n/a Street Vacation Request $572 City of Woodburn, Building Division Commercial, Industrial, Public, and Multi-Family Permit and Plan Review Fees (All Permits Except One- and Two-Family Building and Mechanical Permits) Effective August 11, 2011 Service Fee Notes (Additional Fees, Units, etc.) Building and Mechanical Permit Valuations (includes fire suppression and fire alarm permits): $1.00 to $2000.00 $97.50 minimum permit fee. $2001.00 to $25,000.00 $97.50 for the first $2,000, plus $11.10 for each additional $1,000.00 or fraction thereof, to and including $25,000. $25,001.00 to $50,000.00 $352.50 for the first $25,000, plus $9.30 for each additional $1,000.00 or fraction thereof, to and including $50,000. $50,001.00 to $100,000.00 $585.00 for the first $50,000, plus $6.00 for each additional $1,000.00 or fraction thereof, to and including $100,000. $100,001.00 and up $885.00 for the first $100,000, plus $5.50 for each additional $1,000.00 or fraction thereof. Note 1: The mechanical valuation includes the cost of all equipment and installation costs. ---PAGE BREAK--- ORDINANCE NO. 2433 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION Note 2: The building valuation shall be the greater of the ICC Building Valuation Data Table current as of April 1 of each year or the valuation as provided by the applicant. Building and Mechanical Plan Review Fees (includes fire suppression and fire alarm permits): Plan Review (Building and Mechanical) 100% of permit fee. Plan Review (Fire- and Life-Safety) 65% of building permit fee. Additional Plan Review (required by changes, additions, or revisions to approved plans) $100 minimum one hour, charged per hour. Additional Plan Review (prior to permit approval, charged after the second plan review) $100 minimum one hour, charged per hour. (The fees listed above do not include the State of Oregon permit fee surcharge or the statewide code development, training, and monitoring fee for manufactured dwellings or the school district construction excise tax.) City of Woodburn, Building Division One- and Two-Family Building Permit and Plan Review Fees Effective August 11, 2011 Service Fee Notes (Additional Fees, Units, etc.) One- and Two-Family Dwelling Building Permit Valuations: $1.00 to $2000.00 $67.00 minimum permit fee. $2001.00 to $25,000.00 $67.00 for the first $2,000, plus $7.62 for each additional $1,000.00 or fraction thereof, to and including $25,000. $25,001.00 to $50,000.00 $242.00 for the first $25,000, plus $6.40 for each additional $1,000.00 or fraction thereof, to and including $50,000. $50,001.00 to $100,000.00 $402.00 for the first $50,000, plus $4.12 for each additional $1,000.00 or fraction thereof, to and including $100,000. $100,001.00 and up $608.00 for the first $100,000, plus $3.55 for each additional $1,000.00 or fraction thereof. Note 1: The building valuation for new construction and additions shall be based on the ICC Building Valuation Data Table current as of April 1 of each year. One- and Two-Family Dwelling Carport, Covered Porch, Patio, and Deck: The square footage of a carport, covered porch, patio, or deck shall be calculated separately at fifty (50) percent of the value of a private garage from the most current ICC Building Valuation Data table. One- and Two-Family Dwelling Addition, Alteration, and Repairs: Permit fees shall be calculated based on the fair market value as determined by the building official and then applying the valuation to the permit fee table. ---PAGE BREAK--- ORDINANCE NO. 2433 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION One- and Two-Family Dwelling Building Plan Review Fees: Plan Review (One- and Two-Family Dwelling) 85% of building permit fee. Additional Plan Review (required by changes, additions, or revisions to approved plans) $100 minimum one hour, charged per hour. Additional Plan Review (prior to permit approval, charged after the second plan review) $100 minimum one hour, charged per hour. (The fees listed above do not include the State of Oregon permit fee surcharge or the statewide code development, training, and monitoring fee for manufactured dwellings or the school district construction excise tax.) City of Woodburn Building Division One- and Two-Family Dwelling Mechanical Fees (Includes Manufactured Homes) Effective August 11, 2011 Fee Item (per appliance/equipment) Heating & Cooling (includes relocation) Gas Connections (unlimited number of connections) $25.00 Furnace including ductwork & vent (forced air) $25.00 Air Conditioner, Heat Pump, or Evaporative Cooler $25.00 Unit Heater (suspended, recessed wall, floor mounted) $25.00 Air Handling Unit $25.00 Fireplace / Insert / Stove / Log Lighter / Decorative Fireplace $25.00 Boiler (Gas Connection and Venting Only) $25.00 Venting (includes relocation) Range Hood $25.00 Bath Fan $25.00 Clothes Dryer Exhaust $25.00 Exhaust Fan $25.00 Water Heater Venting $25.00 Miscellaneous (includes relocation) Barbecue $25.00 ---PAGE BREAK--- ORDINANCE NO. 2433 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION Other Equipment or Appliance not Listed above $25.00 Minimum Permit Fee $90.00 (The fees listed above do not include the State of Oregon permit fee surcharge or the statewide code development, training, and monitoring fee for manufactured dwellings or the school district construction excise tax.) Specialty Program Fees: Deferred Submittals (Plan Review) 100% of permit fee calculated using the value of the deferred portion of the project, with a minimum fee of $300.00. This fee is in addition to the building or mechanical permit fee. A separate fee is assessed for each deferred submittal of the project. Phased Permits (Plan Review) 20% of building permit fee calculated using the value of the entire project, plus $300.00 up to a maximum fee of $1,500.00. This fee is in addition to the permit fee. A separate fee is assessed for each phase of the project. Master Plan Review Fee 100% of building permit fee for first plan and 45% of building permit fee for each separate review of same construction plan. Administrative Fee for Processing State of Oregon Master Plans or Plans Reviewed by a Third Party Plans Examiner 10% of building permit fee with a minimum fee of $200.00 Expedited Plan Review $150.00 charged per hour, in addition to the calculated plan review fee. Inspection Fees: Inspections Outside Normal Hours $150 charged per hour (minimum 2 hours). Re-Inspections (for which no fee specifically indicated) $100 charged per hour (minimum 1 hour). Inspections (for which no fee specifically indicated) $100 charged per hour (minimum 1 hour). Other Fees: Investigation Fee 150% of permit fee, fee is in addition to the permit fee with a minimum fee of $300.00. Temporary Certificate of Occupancy $300.00 Issued for 30 days, $100 for each 30 day reissue. Change of Occupancy $100.00 charged per hour, minimum fee of two hours. Stand Alone Residential Sprinkler System Fees: Square Footage Fee 0 to 2,000 square feet $450.00 ---PAGE BREAK--- ORDINANCE NO. 2433 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION 2,001 to 3,600 square feet $600.00 3,601 to 7,200 square feet $750.00 7,200 square feet and above $900.00 ---PAGE BREAK--- ORDINANCE NO. 2433 WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION Manufactured Dwelling and Cabana Installation Permits: A single fee is charged for the set-up of manufactured homes. This single fee includes the concrete slab, runners, or foundations when they comply with the prescriptive requirements of the Oregon Manufactured Dwelling standard, electrical feeder and plumbing connections, and all cross-over connections. Decks, other accessory structures, and foundations that do not comply with the prescriptive requirements of the Oregon Manufactured Dwelling and Park Specialty Code, utility connections beyond 30 lineal feet, new electrical services or additional branch circuits, new plumbing, and other such items that fall under the building code require separate permits. Installation Permit $370.00 Earthquake- and wind-resistant bracing systems $130.00 Reinspections $130.00 Camp and Park Permits: The fees for each permit issued for the construction, addition, or alteration of a manufactured dwelling park, recreational vehicle park, or organizational camp developed shall be calculated using the valuation of the work and the most recently adopted commercial building permit valuation table. Plan Review 100% of permit fee. Excavation and Grading Permits: The fee for an excavation and grading permit shall be calculated using the valuation of the work and the most recently adopted commercial building permit valuation table. Plan Review 100% of permit fee. Demolition Permits: Residential Structure $300.00 Commercial Strucure $600.00 (As amended by Ordinance 2599) Residential Roof-Top Solar System Fees: Fee Prescriptive system $300.00 Flat fee, includes one inspection. Engineered system Building Permit Fee is based on the valuation using the residential building permit valuation table. Building Permit Fee 100% of permit fee calculated using the valuation of the project, with a minimum fee of $300.00. Plan Review Fee 100% of permit fee for plan review. (The fees listed above do not include the State of Oregon permit fee surcharge or the statewide code development, training, and monitoring fee for manufactured dwellings or the school district construction excise tax.) ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION ORDINANCE NO. 2555 PAGE 1 ORDINANCE NO. 2555 AN ORDINANCE ESTABLISHING A PUBLIC ARTS AND MURAL PROGRAM; CREATING THE WOODBURN PUBLIC ARTS AND MURAL COMMITTEE; PROVIDING FOR A PROCESS FOR THE CITY’S CONSIDERATION OF PUBLIC ART AND MURALS; AND REPEALING ORDINANCE 2491 [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. For purposes of this ordinance, the following mean: Deaccession: Relinquishing title to a work of Public Art or withdrawing a piece of Public Art from the City's control. Public Art: All forms of original works of art accessible to the public and/or public employees that can be experienced free of charge, including: Paintings of all media, including both portable and permanently fixed works, such as murals; Sculpture which may be in the round, bas-relief, high-relief, mobile, fountain, kinetic, electronic and others, in any material or combination of materials; Other visual media including, but not limited to, prints, drawings, stained glass, calligraphy, glass works, mosaics, photography, film, clay, fiber/textiles, wood, metals, plastics or other materials or combination of materials, or crafts or artifacts; and Works of a wide range of materials, disciplines and media which are of specific duration, including performance events, and which are documented for public accessibility after the life of the piece has ended. Public Mural: A work of art, such as a painting, applied to and made integral with or attached to a wall or building surface that is visible to, and accessible to the public and/or public employees. Section 2. Creation of Woodburn Public Arts and Mural Committee. The Woodburn Public Arts and Mural Committee (“the Committee”) is hereby created by the Woodburn City Council and is delegated power and authority pursuant to this Ordinance. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION ORDINANCE NO. 2555 PAGE 2 Section 3. Composition of Woodburn Public Arts and Mural Committee. A. The Woodburn Public Arts and Mural Committee shall consist of seven to nine members appointed by the Mayor to a full or unexpired term, and confirmed by the City Council. Any vacancy in the Committee shall be filled by appointment by the Mayor with the consent of the City Council for the unexpired portion of the term. B. The Woodburn Public Arts and Mural Committee shall consist of two City Council/Urban Renewal Agency members, two representative members from the local art community, and one member from the City Planning Commission. Additional committee members may include representatives from the Chamber Board, Woodburn Downtown Association, Downtown Advisory Review Subcommittee (DARS), the Woodburn Tourism Advisory Committee, a member of a local-area educational institution (e.g. Woodburn School District), and at-large community member(s) who have experience, training or expertise in the visual arts, art history, art criticism, or art education. C. All members of the Committee shall be legal residents of the City of Woodburn, except those members representing the arts community, who may or may not reside within the Woodburn City limits. Section 4. Terms of Office. A. The terms of office of each Committee member shall be three years, or until a successor is qualified and appointed. The terms of Committee members shall be staggered so that the term of office of not more than four members will expire in the same year. The terms of office shall expire at midnight on December 31. B. Members of the Committee shall receive no compensation for their services. Section 5. Organization of the Committee. A. The Committee shall elect a Chair and a Vice Chair. B. The Economic Development Director shall serve as Secretary to the Committee. The Secretary, supported by other city staff, shall provide notice of public meetings and public hearings, and keep minutes of all proceedings of the Committee in accordance with state law and city ordinances. C. Five members of the Committee shall constitute a quorum. D. The regular meeting place of the Committee shall be at Woodburn City Hall. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION ORDINANCE NO. 2555 PAGE 3 E. Meetings of the Committee shall be convened by the Chair of the Committee or by the Economic Development Director. Section 6. Functions and Duties of the Committee. The Woodburn Public Arts and Mural Committee is delegated the authority pursuant to this Ordinance to select, acquire, receive, document and register Public Art and Public Murals on behalf of the City of Woodburn. The Committee shall also be responsible for creating opportunities for the placement of art in public locations by developing and promoting a City-wide Public Art Master Plan. The Committee shall not be responsible for, and shall not regulate the placement or approval of signs, structures, or other design media that fall outside the scope or definition of public art or public murals. Section 7. Approval by Woodburn Public Arts and Mural Committee. No person shall commence creation of or installation of any Public Art or Public Mural without first obtaining approval from the Woodburn Public Arts and Mural Committee and agreeing to convey (e.g. license, donate, etc.) the art or mural to the City of Woodburn as provided in this Ordinance. Public Art or Public Murals that are created or exist without approval from the Woodburn Public Arts and Mural Committee or are inconsistent with the conditions of approval from the Woodburn Public Arts and Mural Committee are not considered Public Art or a Public Mural and are therefore subject to the regulations contained in the Woodburn Development Ordinance and other applicable ordinances. Section 8. Public Arts and Mural Selection Criteria. The Woodburn Public Arts and Mural Committee shall consider and apply the following selection criteria in selecting and acquiring Public Art and Public Murals: 1. Strength of artist's concept for, and originality of, proposed public art or mural; 2. Demonstrated craftsmanship and experience of the artist; 3. Demonstrated quality and enduring value of the public art or mural; 4. Whether the artwork factors in historical, geographical, and/or cultural features of the community; 5. Site Selection Considerations: a. Appropriateness of scale of the public art or mural to the property/location on which the proposed art or mural will be installed; b. Appropriateness of the scale of the public art or mural to the ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION ORDINANCE NO. 2555 PAGE 4 surrounding neighborhood; c. Architectural, geographical, socio-cultural and/or historical relevance of the Public Art or Public Mural to the site; d. Whether the proposed public art or mural will be located on or within visual sightlines of a single family dwelling, duplex, or multi-family dwelling; as used in this subsection, single family dwellings, duplexes, or multi-family dwellings does not include mixed-use buildings which contain a single family dwelling, duplex, or multi-family dwellings; e. Whether the proposed public art or mural will be located in a manner that makes it readily visible to the public; 6. General support/advocacy for the public art or mural from the property owner, surrounding neighborhood, adjacent businesses, and arts community; 7. Ability to complete the proposed public art or mural; 8. Whether the proposed public art or mural will contain electrical components, which generally will not be approved unless specially used in the design and/or placement of the art, including flashing or sequential lighting any automated method that causes movement or periodic changes in the appearance, image, or message of the public art or mural; and 9. The responsibility for maintenance of the public art or mural, including any extraordinary operations or maintenance costs associated with the public art or mural. Section 9. Public Arts and Mural Selection Process. A. Types of Acquisitions. The Woodburn Public Arts and Mural Committee shall have authority to approve the selection and acquisition of Public Art and Public Murals that fall under one of the following categories: 1. City Acquisition of a Public Mural to be placed on City-owned or third- party property regardless of funding source. 2. City acquisition of Public Art to be placed on City-owned property that is funded through a gift or donation. 3. City acquisition of Public Art to be placed on City-owned or third-party property that is funded through the City's Urban Renewal Agency. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION ORDINANCE NO. 2555 PAGE 5 B. Decision-Making Procedure. The Committee shall hold a public hearing on the proposed Public Art or Public Mural. After the conclusion of the public hearing, the Committee shall deliberate and make a final decision on the proposal based upon the selection criteria outlined in Section 8. The final decision by the Committee shall be in written form and shall contain findings and conclusions explaining how the public art or mural selection criteria were applied to the application. C. Call-Up Review by the City Council. For all Public Art or Public Mural proposals being considered under this ordinance, the City Council may, by majority vote, initiate a review of the Committee's final decision on the art or mural application. The Procedure for this call-up includes: 1. A summary of all final decisions by the Committee involving an application for Public Art or a Public Mural shall be forwarded to the City Council as an information item by the Economic Development Director at the time notice of a Final Decision is provided by this ordinance. 2. Review under this Section shall be initiated before the adjournment of the first regular City Council meeting following the date the City Council receives notification of the decision. 3. The City Recorder will set a hearing date for the City Council review. 4. The notice, hearing, and decision procedure for a City Council review shall follow the provisions of this ordinance provided for the initial hearing by the Committee. Section 10. Notice of Public Hearing. When the Committee or City Council holds a public hearing on a proposal for Public Art or Public Mural, written notice of a public hearing shall be published once in a newspaper of general circulation and shall be posted on the property where the Public Art or Public Mural will be placed. Public notice shall be given no later than thirty (30) days before the public hearing. The notice shall explain the purpose of the hearing, and state that the public art and mural application is available for inspection at the office of the Economic Development Director. Section 11. Public Hearing. At a public hearing held on a proposal for Public Art or Public Mural, any interested person shall be afforded the opportunity to speak or to present written evidence to the Committee or City Council. Section 12. Notice of Final Decision. The Committee and City Council shall provide notice of its final decision to the applicant and all persons who presented testimony or submitted written evidence at a public hearing. Section 13. Public Art and Mural Application. An application for conveyance of proposed Public Art or a Public Mural to the City will be submitted on a form ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION ORDINANCE NO. 2555 PAGE 6 prepared by the Economic Development Director. The application will include: 1. General information regarding the public art or mural, such as, the location, materials, size/dimensions, written description of the public art or mural, and an explanation of how the public art or mural meets the selection criteria specified in this ordinance; 2. A legal instrument of conveyance, setting forth an adequate description of the objects involved (artist, title, medium, dimensions, date, the precise condition of transfer, and maintenance instructions); and 3. A description of the overall funding source(s) contributing to the conveyance of the public art or mural. Where Pubic Art or a Public Mural is proposed to be installed on third-party property, an Easement Agreement shall be submitted that includes: a legal description of the property upon which the public art or mural will be installed, a sketch of the public art or mural as it will be placed on the property, proof of ownership of the property (i.e. a copy of the deed), and proof of identity of the person who has the authority to sign the easement. Section 14. Public Arts and Mural Application Fee. The application fee for proposed public art or mural is initially set by the City Council at $100. This fee may be adjusted by the City Council as appropriate as part of the Master Fee Schedule. This fee may also be refunded at the discretion of the Economic Development Director where an application is withdrawn or the project fails to be approved by the Committee. Section 15. Easement & Automatic Renewal. The approval and acceptance of each Public Art or Public Mural installation upon third-party property shall be contingent upon the conveyance of an easement to the City from the owner of the property upon which the public art or mural will be located. The easement shall be for a period of seven years and shall automatically renew and continue for successive seven year terms unless either party terminates it within thirty days after the expiration of any seven-year term. Section 16. Termination of Easement by Property Owner. The easement may be terminated by the Property Owner at any time with the City’s written consent upon the Property Owner’s showing of any of the following: that the property is to be sold and the buyer requires removal of the easement as a condition of the purchase and sale; or (ii) that the property is to be refinanced and the lender requires removal of the easement as a condition of the refinancing; or (iii) that the property is to be substantially remodeled or altered in a way that precludes continued maintenance of the public art or mural; or (iv) that circumstances have materially changed and the continued existence of the easement or maintenance of the public art or mural substantially impedes the Property Owner’s reasonable use and enjoyment of the property. The City shall not unreasonably withhold consent to termination upon the Property Owner’s satisfactory demonstration of any of the foregoing conditions of ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION ORDINANCE NO. 2555 PAGE 7 termination. Section 17. Termination of Easement by City. The City may terminate the easement at any time at its sole discretion upon thirty-days written notice should the Property Owner fail to substantially perform its obligations under a Public Arts and Mural Easement Agreement. Section 18. Deaccession. A. General Policy. While the intent of the acquisition of Public Art or Public Murals is to acquire the work for a permanent lifespan, circumstances may arise in which the City decides to relocate or withdraw a piece of artwork from public display. It should be the policy of the City not to remove or relocate a piece of artwork prior to the work having been in place for at least seven years. The City reserves the right to deaccession works of Public Art where it determines it is in the best interests of the public and deaccession provides a means of improving the overall quality of the City’s Public Art collection. At the beginning of the process, the City will make reasonable effort to notify any living artist whose work is being considered for deaccession. B. Criteria for Deaccession. Public Art or a Public Mural may be considered for deaccession if one or more of the following conditions apply: 1. The public art or mural presents a threat to public safety; 2. The condition or security or the public art or mural cannot be guaranteed; 3. The City cannot properly care for, maintain, or store the artwork; 4. The public art or mural requires excessive maintenance beyond what was budgeted for when the application was approved; 5. The public art or mural has serious faults in design or workmanship; 6. The public art or mural is in such a deteriorated state that restoration would prove unfeasible; 7. The site of the public art or mural is no longer appropriate or accessible to the public, is unsafe, or is due to be demolished; 8. Sustained and overwhelming public objection to the public art or mural has been received; 9. Evidence is presented that the public art or mural was acquired illegally; or 10. A written request from the artist has been received to remove the public ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION GOVERNMENT AND ADMINISTRATION ORDINANCE NO. 2555 PAGE 8 art or mural from public display. C. Process for Deaccession. The Committee shall hold a public hearing to determine if one or more of the criteria for deaccession has been met. The Committee reserves the option of hiring a consultant to advise on whether the Public Art or Public Mural meets the deaccession criteria. The procedure and notice requirements for the deaccession hearing shall follow the same process for proposals under Sections 9 - 12. A final decision by the Committee for deaccession of a piece of Public Art or a Public Mural shall be in written form and shall contain findings which include: 1. A detailed report on the condition of the public art or mural; 2. An estimate or appraised value of the art or mural, if any; 3. Justification for deaccession, according to the criteria set out above; 4. A suggested method of deaccession (e.g. sale, transfer, return, auction); 5. Documentation of notification to the original artist, if living, or any related correspondence; and 6. Alternatives to deaccession and costs of doing so. Section 19. Judicial Review of Final Decisions. The final decision of the Committee or City Council under this Ordinance is not a land use decision and is reviewable exclusively by Writ of Review filed in the Marion County Circuit Court as provided in ORS 34.010 to ORS 34.102. Section 20. Repeal of Prior Ordinance. Ordinance 2491 is repealed in its entirety. Section 21. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections and subsections. Section 22. Savings. The repeal of any ordinance by this Ordinance shall not preclude any action against any person who violated the ordinance prior to the effective date of this Ordinance. Passed by the Council February 26, 2018 and approved by the Mayor February 28, 2018. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION LOCAL IMPROVEMENTS ORDINANCE NO.1795 PAGE 1 ORDINANCE NO. 1795 AN ORDINANCE PROVIDING FOR CONSTRUCTION PERMIT FEES FOR WORK IN PUBLIC RIGHT- OF-WAY; AND PROVIDING FOR DISPOSITION OF PROCEEDS. THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN: Section 1. Permits. All street, water, sewer and storm drain service connections, installations, and alterations and franchisee installations and alterations, other than those activities exempted by Section 7 of this ordinance, in the City of Woodburn right-of-way shall require a permit from the City. The application shall be filed with the Public Works Department and at the time of issuance of the permit a fee shall be paid as outlined in Section 3 of this ordinance. No permit fee is required for those exempted by Section 4 or by Section 7 of this ordinance. Section 2. Engineering Plan. Each type of construction project, such as water or sewer, will constitute a separate project. An engineering plan shall be required and reviewed by the City on all major construction projects before a permit can be issued. There shall be no charge for the engineering plan review and approval. Section 3. Fees. The construction permit charge in the City of Woodburn shall be as follows: Cost Fee Under $5,000 5% of cost but not less than $10 $ 5,000 - $25,000 $ 250 + 4% over $ 5,000 $25,000 - $100,000 $1,000 + 3% over $ 25,000 Over $100,000 $3,000 + 2% over $100,000 Section 4. Franchisee Exemption. Franchisees will not be required to pay a permit fee, however, a percentage of the franchise fee shall be diverted to Public Works to cover the cost of permit, plan review and general inspection process. Section 5. Public Works Technical Fund. Starting in the fiscal year 1983-84, and thereafter each succeeding year, the City Recorder shall transfer an amount equal to 4 percent of the franchise fee from telephone, electric, natural gas, and cable television to the Public Works Technical Fund, at the time of receipt. [Section 5 as amended by Ordinance No. 1805, passed January 10, 1983.] Section 6. Construction Permit Fees Fund All payments received by the City under the provisions of Section 3 of this ordinance shall be deposited in, and credited to, the Construction Permit Fees Fund of the City of Woodburn, and used by the Public Works Department for engineering inspection and related activities. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION LOCAL IMPROVEMENTS ORDINANCE NO.2 PAGE 1 Section 7. Exemptions. The City may not require a construction permit fee on: Construction activity performed by City crews. Certain construction activities not involving underground main extensions by a franchisee. Wheelchair ramp construction. Construction activities outside improved portions of street and/or activities covered by other City fees. Section 8. Materials and Methods. Only City approved materials and methods will be used on a project during excavation and fill in the public right-of-way. Section 9. Inspections. A minimum of 24 hours notice shall be provided to the City to inspect an approved construction project. Section 10. Interpretation and Enforcement. Interpretation and enforcement of this ordinance shall be the responsibility of the City Engineer. Section 11. Civil Infraction Assessment. A violation of any provision of this ordinance constitutes a class 1 civil infraction and shall be dealt with according to the procedures established by Ordinance 1998. [Section 11 as amended by Ordinance 2008, passed October 24, 1988.] Passed by the Council November 4, 1982, and approved by the Mayor November 9, 1982. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION LOCAL IMPROVEMENTS ORDINANCE NO. 1917 PAGE 1 ORDINANCE NO. 1917 AN ORDINANCE REGULATING THE CONSTRUCTION, ALTERATION AND REPAIR OF SIDEWALKS. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. Unless the context requires otherwise, the following mean: Person. A natural person, firm, corporation or other legal entity. Sidewalks. The part of the street right-of-way or an easement which contains a walking structure between the curb lines on the pavement or gravel edge of a roadway and the adjacent property lines, including the driveway approach. Major construction. Work that requires new construction or alteration and repair of more than 50% of the existing or future sidewalk area. Minor construction. Work that requires alteration or repair of less than 50% of the existing sidewalk area. Section 2. Duty to Repair Sidewalks. The owner of land adjoining a city street shall maintain in good repair the adjacent sidewalk whenever it becomes damaged or deteriorated in any way. Section 3. Liability for Sidewalk Injuries. The owner of real property responsible for maintaining the adjacent sidewalk shall be liable to any person injured because of failure of the owner to maintain the sidewalk in good condition. If the City is required to pay damages for an injury to persons or property caused by the failure of a person to perform the duty which this ordinance imposes, the person shall reimburse the City for the amount of damages thus paid and the attorney fees and costs of defending against the claim of damages. The City may maintain an action in a court of competent jurisdiction to enforce the provisions of this section. Section 4. Standards and Specifications. Sidewalks shall be constructed, altered and repaired in accordance with City standards and specifications. Section 5. Submission of Plans. No person shall construct, alter or repair a sidewalk within the City without first making application for a permit and submitting the plans for the proposed work. The application shall be made to the City Engineer's office, and all applicable standards and specifications established under Section 4 shall be met by the plans, and thereafter the City Engineer or designee may issue a permit for the proposed work. There will be no charge for the permit. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION LOCAL IMPROVEMENTS ORDINANCE NO. 1917 PAGE 2 Section 6. Supervision of Work. The property owner or agent thereof, may perform construction, alteration or repair of sidewalks after obtaining a permit from the City Engineer's office. The City Engineer or designee may inspect any materials and construction details as in the Engineer's judgment may be necessary to insure compliance with the applicable standards and specifications. Section 7. Notice to Repair or Make Alterations. When major construction is involved the Council shall, by motion, direct the City Engineer to issue a notice. When minor construction is involved and the repair or alteration is brought to the City Engineer's attention, the Engineer may issue a notice directly. The notice shall require the owner of the property adjacent to the sidewalk to complete the work within 60 days after service of notice. The notice shall also state that if the work is not completed by the owner within the 60-day time period, the City may complete it and assess the cost against the property adjacent to the sidewalk. The City Engineer shall cause a copy of the notice to be served upon the owner of the property adjacent to the sidewalk, or the notice may be served by registered or certified mail, return receipt requested. If after diligent search the owner is not discovered, the City Engineer shall cause a copy of the notice to be posted in a conspicuous place on the property, and such posting shall have the same effect as service of notice by mail or by personal service upon the owner of the property. The person serving the notice shall file with the Recorder a statement stating the time, place and manner of service of notice. Section 8. City May Alter or Repair Sidewalk. If the sidewalk alteration or repair is not completed within 60 days after service of the notice, the City may complete it. Upon completion of the project, the City Engineer shall submit a report to the Council. The report shall contain an itemized statement of the cost of the work. Section 9. Assessment for Sidewalk Work Done by City. Upon receipt of the report, the Council, by ordinance, shall assess the cost of the work against the property adjacent to the sidewalk. The assessment shall be a lien against the property and may be collected in the same manner as is provided for the collection of street improvement assessments. Section 10. Sidewalk Construction Requested by the Property Owner. If a property owner petitions the Council for an order to build a sidewalk on the part of the street abutting his or her property, agrees to pay cash or to make application to pay the cost in installations as provided by the Bancroft Bonding Act (ORS 223.205 to 223.295), waives the right of service and publication of notice of construction, and consents to the assessment of the property upon which the sidewalk abuts, the Council ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION LOCAL IMPROVEMENTS ORDINANCE NO. 1917 PAGE 3 may order the construction of the requested sidewalk, if in its judgment the sidewalk should be built. Section 11. Penalty. A violation of any section of this ordinance constitutes a class 1 civil infraction and shall be handled according to the procedures established by ordinance relating to civil infractions. Section 12. Severability. Each portion of this ordinance constitutes a class 1 civil infraction and shall be handled according to the procedures established by ordinance relating to civil infractions. Section 13. Repeal. Ordinance No. 778 (enacted February 3, 1942) is repealed. Passed by the Council July 8, 1985 and approved by the Mayor July 9, 1985. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION LOCAL IMPROVEMENTS ORDINANCE NO. 2105 PAGE 1 ORDINANCE 2105 AN ORDINANCE PROVIDING PROCEDURES FOR LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS; REPEALING ORDINANCE 1879, AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Initiating Improvements. When the Council considers it necessary to require that improvements to a street, sewer, water facility, sidewalk, parking, curbing, drain or other public improvement defined in ORS 223.387 be paid for in whole or in part by special assessment according to benefits conferred, the Council shall declare by resolution that it intends to make the improvement and direct the City Engineer to make a survey of the improvement and a written report. When owners of two-thirds of the property that will benefit specially by improvements defined in subsection request by written petition that the Council initiate an improvement, the Council shall declare by resolution that it intends to make the improvement and direct the City Engineer to make a survey of the improvement and a written report. Section 2. Engineer's Report. The Engineer's report may contain, but is not limited to, the following: A map or plat showing the general nature, location and extent of the proposed improvement and the land to be assessed for payment of the cost. Plans, preliminary sketches and estimates of work to be done. If the proposed project is to be carried out in cooperation with another governmental agency, the Engineer may adopt plans, specifications and estimates of that agency. An estimate of probable cost of the improvement, including legal, administrative and engineering cost. An estimate of unit cost of the improvement to the benefited properties, per square foot, per front foot, or another unit of cost. A recommendation concerning the method of assessment to be used to arrive at a fair apportionment of the whole or a portion of the cost of the improvement to the benefited properties. A description of each lot, parcel of land, or portion of land to be benefited, with names of the record owners and, when readily available, names of contract purchasers, as shown on books and records of the Marion County Tax Department. To describe each lot or parcel or land under provisions of this section, it shall be sufficient to use the tax account number assigned to the property by the tax department or shown on books and records of the Marion County Clerk. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION LOCAL IMPROVEMENTS ORDINANCE NO. 2105 PAGE 2 A recommendation regarding the rate of interest, but it shall be as the governing body may determine based on a certain percent per annum, to be paid on assessments bonded under the Bancroft Bonding Act and ORS Chapter 223. Section 3. Action on Engineer's Report. After reviewing the Engineer's report, the Council may approve the report, modify the report and approve it as modified, require the Engineer to supply additional or different information for the improvement, or abandon the improvement. Section 4. Resolution and Notice of Hearing. After the Council has approved the Engineer's report as submitted or modified, the Council shall declare by resolution that it intends to make the improvement and direct the Recorder to give notice of the Council's intention by two publications, one week apart, in a newspaper of general circulation in the city. The notice shall contain the following: That the Council will hold a public hearing on the proposed improvement on a specified date, which shall be not less than 10 days after the first publication of notice, at which objections and remonstrances to the improvement will be heard by the Council; and that action on any proposed public improvement, except a sidewalk or except an improvement unanimously declared by the Council to be needed at once because of an emergency, shall be suspended for six months upon written remonstrance thereto by the owners of a majority of the land to be specially assessed therefor. A description of the property to be benefited by the improvement, owners of the property as shown on the books and records of the Marion County Tax Department, as the Engineer's estimate of total cost of the improvement to be paid by special assessment to benefited properties. For purposes of this subsection it shall be sufficient to describe the property to be benefited by a metes and bounds description or by the tax account number assigned to the property and used by the Marion County Tax Department or the subdivision lot and block number or the book and page designations shown on books and records of the Marion County Clerk. Section 5. Manner of Doing Work. The Council may at its discretion provide that the construction work may be done in whole or in part by the City, by contract, by another governmental agency, or by a combination of the above. Section 6. Ordinance of Approval or Abandonment of Improvement. The Council may by ordinance at the time of the hearing or within 90 days thereafter, order the improvement carried out in accordance with the resolution, modify the proposed improvement, or, if the project was initiated by Council motion and not by petition of property owners, abandon the improvement. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION LOCAL IMPROVEMENTS ORDINANCE NO. 2105 PAGE 3 Section 7. Call for Bids. The City may advertise for bids for construction of all or any part of the improvement project on the basis of the Council-approved report and before the passage of the resolution, or after the passage of the resolution and before the public hearing on the proposed improvement, or at any time after the public hearing; provided however, that no contract shall be let until after the public hearing has been held to hear remonstrances and oral objection to the proposed improvement. Section 8. Method of Assessment and Alternative Methods of Financing. The Council, in adopting a method of assessing the cost of the improvement, may: Use any just and reasonable method to determine the extent of any improvement district consistent with the benefits derived. Use any just and reasonable method of apportioning the sum to be assessed among the benefited properties. Authorize payment by the City of all or part of the cost of an improvement when in the opinion of the Council the topographical or physical conditions, unusual or excessive public travel, or other character of the work involved warrants only partial payment or no payment of the cost by the benefited property. Nothing contained in this section shall preclude the Council from using other means of financing improvements, including federal and state grant-in-aid, sewer charges or fees, revenue bonds, general obligation bonds, or other legal means of finance. If other means of financing are used, the Council may levy special assessments according to benefits derived to cover any remaining part of the cost. Section 9. Final Assessment Ordinance. If the Council caused the public improvement to be made and the actual cost has been determined, upon completion of the project the Council shall determine whether the benefited property shall bear all or a portion of the cost. The Recorder or other person designated by the Council shall prepare the final assessment for each lot within the assessment district and file the assessments in the Recorders office. Notice of the proposed assessment shall be published and mailed or personally delivered to the owner of each lot proposed to be assessed at the address shown on the Marion County Tax Assessor's rolls. The notice shall state the amount of final assessment on the property and fix a date by which time any objections shall be filed with the Recorder and the date and time set for the public hearing at which the Council will hear objections. An objection shall state the grounds for the objection. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION LOCAL IMPROVEMENTS ORDINANCE NO. 2105 PAGE 4 At the hearing the Council shall consider the objections and may adopt, correct, modify or revise the assessment against each lot in the district according to special peculiar benefits accruing to it from the improvement. Section 10. Notice of Assessment. Within 10 days after the ordinance levying assessments has been passed, the Recorder shall send a notice of assessment to the owner of the assessed property by registered or certified mail and public notice of the assessment twice in a newspaper of general circulation in the city. The first publication of notice shall be not later than 20 days after the date of assessment ordinance. The notice of assessment shall include the name of the property owner, a description of the assessed property, the amount of the assessment, and the date of the assessment ordinance and shall state that interest will begin to run on the assessment and the property will be subject to foreclosure unless the owner either makes application to pay the assessment in installments within 10 days after the date of the first publication of notice or pays the assessment in full within 30 days after the date of the assessment ordinance. Section 11. Lien Record and Foreclosure Proceedings. After passage of the assessment ordinance, the Recorder shall enter into the docket of liens a statement of the amount assessed on each lot, parcel of land or portion of land, description of the improvement, names of property owners, and the date of the assessment ordinance. Upon entry in the lien docket, the amounts shall become liens and charges on the lots, parcels of land or portions of land that have been assessed for improvement. Assessment liens of the City shall be superior and prior to all other liens or encumbrances on property insofar as state law permits. The City may enter a bid on property being offered at a foreclosure sale. The City bid shall be prior to all bids except those made by persons who would be entitled under state law to redeem the property. Section 12. Errors in Assessment Calculations. Claimed errors in the calculation of assessments shall be called to the attention of the Recorder, who shall determine whether there has been an error. If there has been an error, the Recorder shall recommend to the Council an amendment to the assessment ordinance to correct the error. On enactment of the amendment, the Recorder shall make the necessary correction in the docket of liens and send a correct notice of assessment by registered or certified mail. Section 13. Supplemental Assessments. If a supplemental assessment is required pursuant to Section 18 of this ordinance, the Council may declare the insufficiency by motion and prepare a proposed supplemental assessment. The ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION LOCAL IMPROVEMENTS ORDINANCE NO. 2105 PAGE 5 Council shall set a time for hearing objections to the supplemental assessment and direct the City Recorder to publish one notice in a newspaper of general circulation in the city. After the hearing, the Council shall make a just and equitable supplemental assessment by ordinance, which shall be entered in the docket of liens as provided by Section 11. Notice of the supplemental assessment shall be published and mailed, and collection of the assessment shall be made in accordance with Sections 10 and 11. Section 14. Rebates. If a rebate is required pursuant to Section 18 of this ordinance, the Council shall ascertain and declare the excess by ordinance. When declared, the excess amounts must be entered on the lien docket as a credit on the appropriate assessment. If an assessment has been paid, the person who paid it or that person's legal representative shall be entitled to payment of the rebate credit. Section 15. Remedies. Subject to curative provisions of Section 17 and rights of the city to reassess as provided in Section 18, proceedings for writs of review and equitable relief may be filed not earlier than 30 days nor later than 60 days after filing written objection as provided by Section 9. A property owner who has filed a written objection with the Recorder before the public hearing may have the right to apply for a writ of review based on the Council's exercising its functions erroneously or arbitrarily or exceeding its jurisdiction to the injury of a substantial right of the owner, if the facts supporting the claim have been specifically set forth in the written objections. A property owner who has filed a written objection with the Recorder before the public hearing may begin an action for equitable relief based on a total lack of jurisdiction on the part of the city. If notice of the improvement was not sent to the owner and if the owner did not have actual knowledge of the proposed improvement before the hearing, the owner may file a written objection alleging lack of jurisdiction with the Recorder within 30 days after receiving notice or knowledge of the improvement. A provision of this section shall not be construed to lengthen the period of redemption or to affect the running of a statute of limitation. A proceeding on a writ of review or for equitable relief shall be abated if proceedings are begun and diligently pursued by the Council to remedy or cure alleged errors or defects. Section 16. Abandonment of Proceedings. The Council may abandon proceedings for improvements made under Section 1 to 15 at any time before final completion of the improvements. If liens have been placed on property under this procedure, they shall be canceled, and payments made on assessments shall be refunded to the person who paid them or to that person's legal representatives. ---PAGE BREAK--- ORDINANCE NO. 2105 PAGE 6 Section 17. Curative Provisions. An improvement assessment shall not be rendered invalid by reason of: Failure of the Engineer's report to contain all information required by Section 2. Failure to have all information required in the improvement resolution, assessment ordinance, lien docket, or notices required to be published and mailed. Failure to list the name or mail notice to an owner of property as required by this ordinance. Any other error, mistake, delay, omission, irregularity or other act, jurisdictional or otherwise, in the proceedings or steps specified, unless it appears that the assessment is unfair or unjust in its effect on the person complaining. The Council shall have authority to remedy and correct all matters by suitable action and proceedings. Section 18. Reassessment. When an assessment, supplemental assessment, or reassessment for an improvement made by the city has been set aside, annulled, declared void, or its enforcement restrained by a court of this state or by a federal court having jurisdiction, or when the Council doubts the validity of the assessment, supplemental assessment, rebate, or any part of it, the Council may make a reassessment in the manner provided by state law. Section 19. Severability. Each portion of this ordinance shall be deemed severable from any other portion. The unconstitutionality or invalidity of any portion of this ordinance shall not invalidate the remainder of this ordinance. Section 20. Repeal. Ordinance No. 1879 is hereby repealed. Section 21. [Emergency clause.] Passed by the Council March 22, 1993, approved by the Mayor March 23, 1993. ---PAGE BREAK--- ORDINANCE NO. 2424 PAGE 1 ORDINANCE NO. 2424 AN ORDINANCE UPDATING AND REVISING THE PROCEDURES RELATED TO TREES WITHIN THE CITY OF WOODBURN; REPEALING ORDINANCE 1908; AND SETTING AN EFFECTIVE DATE. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. A. “Certified Arborist” means a person who has met the criteria for certification from the International Society of Arboriculture or American Society of Consulting Arborists, and maintains his or her accreditation. B. “Park tree” means a tree, shrub, bush, or other woody vegetation in public parks or areas to which the public has free access. C. “Person” means an individual or legal entity. D. “Private infrastructure” means a driveway apron or paved or concrete private walkway located within the City right-of-way. E. “Private tree” means a tree, shrub, bush, or other woody vegetation located on private property other than a dedicated right-of-way or public easement, or public parks and grounds. F. “Public infrastructure” means public water and sewer lines, electric lines, gas lines, telephone or cable television lines, curbs, and sidewalks located within the public right-of-way, and other public improvements. G. “Public Works Director” means the Woodburn Public Works Director or designee. H. “Real Property Owner” means the person holding legal title to the real property or properties upon which a street tree is located. I. “Remove” or “Removal” means to cut down a tree, or remove 50% or more of the crown, trunk, or root system of a tree; or to damage a tree so as to cause the tree to decline and/or die. Remove or removal includes topping. Remove or removal includes but is not limited to damage inflicted upon a root system by application of toxic substances, operation of equipment and vehicles, storage of materials, change of natural grade due to unapproved excavation or filling, or unapproved alteration of natural physical conditions. It does not include normal trimming or pruning. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION LOCAL IMPROVEMENTS ORDINANCE NO. 2424 PAGE 2 J. “Street tree” means a tree, shrub, or other woody vegetation on land, the trunk of which is located wholly or partially within the right-of-way along either side of a street, avenue or other way or within a dedicated side of a street, avenue or other way. K. “Topping” means the severe cutting back of a tree’s limbs to stubs three inches or larger in diameter within the tree’s crown to such a degree so as to remove the natural canopy and disfigure the tree. Section 2. Permit to Remove Trees Required. A. No person shall remove a street tree without obtaining a permit from the Public Works Director. Permits to remove street trees will be granted only if one of the following conditions exist: The tree is dangerous and may be made safe only by its removal. The tree is dead or dying, and its condition cannot be reversed. The tree is diseased and presents a potential threat to other trees within the City, unless it is removed. The tree is causing damage, which cannot be corrected through normal tree maintenance, to public infrastructure as defined by this Ordinance. The tree is causing damage, which cannot be corrected through normal tree maintenance, to private infrastructure as defined by this Ordinance. B. Any application for a permit to remove a street tree shall be supported by a report prepared by an Arborist as defined by this Ordinance and paid for by the applicant for the permit. C. Street Tree Removal Applications and Street Tree Permits shall be prepared by the Public Works Director in a form approved by the City Attorney. D. Street tree removal permits shall remain valid for a period of 180 days from the date of issuance. Permits that have lapsed are void. Trees removed after a tree removal permit has expired shall be considered a violation of this Ordinance. E. Misrepresentation of any fact necessary for the City’s determination for granting a tree removal permit shall invalidate the permit. The City may at any time, including after a removal has occurred, independently verify facts related to a tree removal request and, if found to be false, or misleading, may invalidate the permit and process the removal as a violation. Such misrepresentation may be related to matters including, without limitation, tree size, location, health or hazard condition, justification for issuance of permit, or owner’s authorized signature. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION LOCAL IMPROVEMENTS ORDINANCE NO. 2424 PAGE 3 Section 3. Requirement for Certified Arborist. Pruning, treating, or removing street or park trees shall be performed by or under the direct supervision of a Certified Arborist. Before a permit is granted by the Public Works Director, the arborist shall provide proof of current City business license and evidence of possession of liability insurance in the minimum amounts provided by ORS 30.270. Permits shall not be required of a City employee doing work on behalf of the City. Permits shall not be required of franchisees or other public service companies doing work in pursuit of their public service endeavors, provided that all such work is completed in conformance with any applicable franchise requirements and by or under the direct supervision of a Certified Arborist. Section 4. City Cost Sharing for Street Tree Removal. Subject to the availability of funds in the City’s budget, the Public Works Director is authorized to expend City funds to share in the cost of removal of street trees according to the following formula: COST OF REMOVAL OWNER SHARE CITY SHARE First $200 100% 0% Above $200 50% 50% The maximum City subsidy for one property shall not exceed $500, except in cases where the street tree removal is done exclusively for the protection of public infrastructure where the Public Works Director is authorized to have the City pay the entire cost. No subsidy shall be provided for trees removed at a Real Property Owner’s request in order to protect private infrastructure. Additional guidelines for cost sharing of tree removal may be established, and amended from time to time as needed, by resolution of the City Council. Section 5. Tree Replacement. The City may require the replacement by the Real Property Owner, at the Real Property Owner’s expense, of a new tree after permission has been granted by the Public Works Director for the removal of an existing street tree. Replacement trees must have a minimum caliper of 2 inches at 4-foot height, be of a species that reaches the same height at maturity as surrounding street trees, and may not be a prohibited species under the Woodburn Development Ordinance. Section 6. Woodburn Street Tree Planting Regulations. All street trees shall be planted in conformance with the Woodburn Street Tree Planting Regulations which shall be adopted, enforced, and administered by the Public Works Director consistent with the terms of this Ordinance. Copies of the Woodburn Street Tree Planting Regulations shall be on file in the City Recorder’s office, Public Works Department, Community Development, and the Woodburn Public Library. Section 7. Street Tree Species to be Planted. No person shall plant a street tree of any species that is prohibited by the Woodburn Development Ordinance without the written permission of the Public Works Director. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION LOCAL IMPROVEMENTS ORDINANCE NO. 2424 PAGE 4 Section 8. Tree Maintenance by City. The City shall have the right to plant, prune, maintain, and remove trees located within the public right-of-way as may be necessary to protect public safety or to preserve or enhance the appearance of public property. The City may remove, or order to be removed at the expense of the Real Property Owner, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electrical power lines, telephone or cable television lines, natural gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect, or other pest. Section 9. Street Tree Maintenance by Owner. A. In consideration of the value and benefits derived from the beauty and enjoyment of a street tree, the Real Property Owner shall have the responsibility, control, and shall bear the cost of maintenance and care of the street tree, and shall regularly inspect and remove defective conditions as necessary. B. The Real Property Owner shall prune the branches of a street tree so that the branches do not obstruct the light from a street light or obstruct the view of any street intersection. The Real Property Owner shall maintain a clear space of 15 feet above the surface of the street and 10 feet above the surface of any sidewalk. The Real Property Owner shall remove all dead, diseased, or dangerous, or broken or decayed limbs which constitute a danger to the safety of the public. C. The Real Property Owner shall be liable for injury, damage, or loss to persons or property caused by the Real Property Owner’s failure to comply with subsection A or B of this section. D. The City of Woodburn shall not be liable for injury, damage, or loss to person or property caused in whole or part by the defective or dangerous condition of any tree located in or upon a right-of-way. The Real Property Owner shall defend and hold harmless the City from all claims for loss and damage arising from the Real Property Owner’s failure to comply with subsection A or B of this section. Section 10. Mutilation and Topping of Trees. A. Mutilation. Unless specifically authorized in writing by the Public Works Director, no person shall intentionally damage, cut, carve, transplant, or remove any park tree or street tree; attach or place any rope or wire (other than one used to support the tree itself), sign, poster, handbill, or other thing to it; allow any gaseous liquid or solid substance which is harmful to such trees to come in contact with it; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any such tree. B. Tree Topping. No person shall top any park tree or street tree, except as authorized by the Public Works Director. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION LOCAL IMPROVEMENTS ORDINANCE NO. 2424 PAGE 5 Section 11. Removal of Stumps. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. The costs of removing stumps shall be borne by the Real Property Owner. Section 12. Summary Powers for Removal of Dangerous or Nuisance Trees. A. The City may prune a private tree when it interferes with the spread of light along the street from a street light, or interferes with the visibility of any traffic control device or sign. B. The City may require or initiate removal of all or part of any dead, dangerous or diseased park, private or street tree when the tree constitutes a hazard to life, property, or harbors insects or disease which constitutes a potential threat to other trees within the City. C. The City may remove or trim a tree described in this section or may require the property owner to remove or trim any such tree on private property, or in a dedicated right-of-way or utility easement abutting upon the owner’s property. Failure of the property owner to remove or trim the tree within 30 days after receiving notice by the City Administrator is a violation of this Ordinance, and the Public Works Department may then remove or trim and tree and assess the costs as a lien against the property. Section 13. Nuisance Abatement. All street trees that the Public Works Director requires to be removed pursuant to this Ordinance, constitute nuisances and are subject to the abatement and lien procedure contained in Ordinance 2338, the City of Woodburn Nuisance Ordinance. Section 14. Enforcement. A. Civil Infraction. In addition to, and not in lieu of any other enforcement mechanisms, a violation of any provision of this Ordinance constitutes a Class I Civil Infraction which shall be processed according to the procedures contained in the Woodburn Civil Infraction Ordinance. B. Civil Proceeding Initiated by City Attorney. The City Attorney, after obtaining authorization from the City Council, may initiate a civil proceeding on behalf of the city to enforce the provisions of this Ordinance. This civil proceeding may include, but is not limited to, injunction, mandamus, abatement, or other appropriate proceedings to prevent, temporarily or permanently enjoin or abate any violations of this Ordinance. Section 15. Separate Offenses. Each day during which a violation of this Ordinance continues shall constitute a separate offense for which a separate penalty may be imposed. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION LOCAL IMPROVEMENTS ORDINANCE NO. 2424 PAGE 6 Section 16. Appeal. If the Public Works Director refuses to issue any permit under this Ordinance, or requires the removal of a tree, the Public Works Director shall provide written notification to the applicant who may appeal to the City Council in writing within ten calendar days after the date of the written notification from the Public Works Director. The City Council shall proceed to hear and determine the appeal, based upon information submitted by the permit applicant and the Public Works Director. Any review of the City Council’s final decision shall be to the Marion County Circuit Court pursuant to ORS Chapter 34. Section 17. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections and subsections. Section 18. Repeal. Ordinance 1908 is hereby repealed. Section 19. Saving Clause. Notwithstanding the repeal of Ordinance1908, Ordinance 1908 shall remain in force for the purpose of authorizing the prosecution of a person who violated Ordinance 1908 prior to the effective date of this Ordinance. Section 20. Effective Date. This Ordinance shall take effect on November 1, 2007. Passed by the Council September 10, 2007 and approved by the Mayor September 12, 2007. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 1866 PAGE 1 ORDINANCE NO. 1866 AN ORDINANCE ESTABLISHING REGULATIONS AND RATES FOR THE CITY WATER SYSTEM; AND REPEALING ORDINANCE NO. 1378, 1595, 1596, 1622 AND 1804. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. Customer. The owner of property which is served by the City water system. A person, corporation, association or agency which rents or leases premises shall be considered an agent of the property owner. Mains. Distribution pipe lines that are part of the City water system. Premises. The integral property or area, including improvements thereon, to which water service is or will be provided. Service Connection. The pipe, valves and other equipment by means of which the City conducts water from its mains to and through the meter to the property line, but not including piping from the property line to the premises served. Service Provided Section 2. Regular Service. The City shall furnish and install a service connection of such size and location as a customer requests, provided that the request is reasonable. The service will be installed from the main to a point between the curb line and the property line of the premises if the main is in the street, or to a point in a City right-of-way or easement. The customer shall, at his own risk and expense, furnish, install and keep in good and safe condition equipment that may be required for receiving, controlling, applying and utilizing water. The City shall not be responsible for loss or damage caused by the improper installation of the equipment, or the negligence, want of proper care or wrongful act of the customer in installing, maintaining, using, operating or interfering with the equipment. The City shall not be responsible for damage to property caused by a spigot, faucet, valve or other equipment that is open when the water is turned on at the meter. A customer making any material change in the size, character or extent of the equipment or operation utilizing water service, or whose change in operations results in a large increase in the use of water, shall immediately give the City written notice of the nature of the change and, if requested, amend his application. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2 PAGE 1 The service connection, whether located on public or private property, is the property of the City; and the City reserves the right to repair, maintain and replace it. Section 3. Temporary Service. Charges for water furnished through a temporary service connection shall be the established rates for other customers. The applicant for temporary service will be required: To pay to the City, in advance at the option of the City, the estimated cost of installing and removing the facilities to furnish the service. To deposit an amount sufficient to cover bills for water during the entire period temporary service may be used, or to establish credit approved by the City. To deposit with the City an amount equal to the value of equipment loaned by the City. This deposit shall be refundable, less cost of any necessary repairs as provided in Subsection The customer shall use all possible care to prevent damage to the meter or other equipment loaned by the City which are involved in furnishing the temporary service from the time they are installed until they are removed, or until 48 hours notice in writing has been given to the City that the contractor or other person is through with the meter and other equipment. If the meter or other equipment is damaged, the cost of making repairs shall be paid by the customer. Temporary service connections shall be disconnected and terminated within six months after installation unless an extension of time is granted in writing by the City. Meters Section 4. Meters. Meters shall be furnished and owned by the City. No rent or other charges shall be paid by the City for a meter or other equipment located on the customer's premises. Meters may be sealed by the City at the time of installation, and no seal shall be altered or broken except by one of its authorized agents. If a change in size of a meter and service is required, the installation shall be accomplished on the basis of a new connection. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 3 PAGE 1 Section 5. Meter Error. A customer may request the City to test the meter serving his premises. The customer shall deposit an amount to cover the reasonable cost of the test. This deposit will be returned if the meter is found to register more than 2 per cent fast. The deposit required of a customer requesting a meter test shall be as follows: 5/8 inch - 3/4 inch $ 20.00 1 inch 30.00 1-1/2 inch 65.00 2 inch 100.00 3 inch 130.00 4 inch 150.00 6 inch 165.00 8 inch 175.00 Fees, Charges and Rates Section 6. Applications. All water service connections, installations and alterations in the City shall be initiated by written application of each water customer. Each application shall be filed with the City and shall be accompanied by full payment of a water service installation charge and a water systems capacity fee in the amounts required by this ordinance. The Council may establish by motion a policy of connecting to an undersized main and recovery of associated costs. Yearly increases may be added to the established costs. Section 7. Water Service Installation Charges. The water service installation charges in the City shall be as follows: For installation of a 3/4-inch service line and a 5/8-inch water meter: $150.00. For installation of a 1-inch service line, including meter: $300.00 For installation of 1-1/2-inch and larger service lines and meters, the charge shall be actual cost of labor and materials furnished by the City, plus 15 per cent of said cost for administrative and overhead expense. Each [applicant] shall deposit the amount estimated by the water division with the application, and the final amount may be adjusted after installation is completed. All payments received by the City under the provisions of this section shall be deposited in, and credited to, the water fund of the City. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 4 PAGE 1 Section 8. Water System Capacity Fee. The water system capacity fee of the City shall be as follows: For single-family dwellings, trailers, manufactured dwelling units: $750.00. For apartments and other multiple-family dwellings: $750.00 for the first unit and $375.00 for each unit in excess of one. (ii) For motel, hotel and R.V. park units: $750.00 for the first unit and $210.00 for each unit in excess of one. All other structures and facilities shall be charged according to options below: Requiring meter sizes up to 1½ inches: $750.000 plus $30.00 for each 1,000 square feet of area, or portion thereof, in excess of 2,000 square feet. (ii) Requiring meter sizes above 1½ inches: Size of Meter System Capacity Fee 2" $ 1,200.00 3" 2,625.00 4" 4,500.00 6" 9,750.00 Above 6" Council approval necessary (iii) The demand increase by a larger size meter will require an amount equal to the new size fee less the old size fee. No system capacity fee shall be charged to the services used for fire protection only, if the regular system capacity fee has been charged to serve the premises. All existing structures constructed prior to May 1977, and remaining on the same site to which the City was unable to provide a connection shall be charged greater of one-half the rate outlined above, or $375.00. All payments received by the City under the provisions of this section shall be deposited in, and credited to, the Capital Improvement Water Fund. [Section 8 amended by Ordinance No. 1973, passed April 13, 1987.] Section 9. Water Rates. The rates and charges for the supply and use of water from the water system and mains of the City of Woodburn shall be as follows: ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 5 PAGE 1 Metered Services: Service Size (Inches) Quantity Allowed (Cubic Feet) Minimum Charge ( Dollars) 5/8" - 3/4" 400 $4.50 1" 800 6.80 1-1/2" 1,800 12.20 2" 3,200 19.95 3" 7,500 41.55 4" 15,000 83.10 6" 32,000 171.70 8" 57,000 299.10 These minimum charges are based on the size of service line, from main to meter, and entitle the user to the quantity shown per month. Water Consumed above minimum quantity allowed per month - $0.52 per 100 cubic feet. (c-i) Single Residential: As per subsections and above. (c-ii) Multiple Residential: $4.50 per unit per month in establishing the minimum for each service. Quantity allowed shall be the number of units times 400 cubic feet, or the above established quantity allowed for size of service, whichever is greater. Unless water service to premises is disconnected entirely, the minimum charge will apply to all units whether occupied or not. However, an adjustment may be made for the unoccupied units of a newly constructed multiple structure for a period of 6 months from the date of first occupancy. The owner is responsible for providing written information and facilitating City's inspection. (c-iii) Commercial and Industrial. Rate shall be based on the size of the service line and quantity used as established in [subsections] and of this [section]. (c-iv) Flat Rate. Residential accounts shall be $8.05 per month. All flat rate accounts having water meters shall be billed as regular metered accounts starting January 1, 1988. [Section 9 (c-iv) amended by Ordinance No. 1975, passed April 13, 1987.] Fire Sprinkler Connections. $3.00 per diameter inch of service line per month. Bulk Rate. For first 500 cubic feet, the minimum charge shall be $20.00, including one time turn-on and turn-off of meter and valve device each day at one location. These charges will be doubled for the services necessitated on the week-ends, holidays and after 4:00 p.m. on regular work days. Public Works Department may make estimates for small flows. Summer bulk rate sale shall be limited by the Public Works Department, allowed generally in the early mornings. Public right-of- way construction and other public use may be exempted from the bulk rate charge. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 6 PAGE 1 Minimum Charge at Start/Closing. The bills shall be prorated according to the usage, however, the minimum charge shall accrue to the end of the billing period for the services turned off during a billing cycle for nonpayment. Outside City Limits. A factor of 1.5 shall be applied to all rates and charges for services outside the City. The monies collected pursuant to the provisions of this section shall be used to pay the costs of operation, maintenance and expansion of the water supply and distribution systems, and related facilities and services, including administrative and engineering costs. Section 10. Prior Agreements. All prior Council approved service agreements between the City and a customer will remain in force for the term of the agreement. However, the requirements of this ordinance and other applicable ordinances, including the rate increase provisions, must be met. [Section 10 added by Ordinance No. 1933, passed December 11, 1985.] [Sections 11 through 33 renumbered by Ordinance No. 1933, passed December 11, 1985.] Section 11. Leak Adjustments. In case of leakage, an adjustment for one billing or a two month period [shall] be made if the leak has been repaired and the request for leak adjustment has been made within 6 months. Such adjustments shall not exceed 100% of the estimated excess flow attributable to the leak. A charge of $10.00 will be made for leak adjustment service after the current flat rate services have been metered. Section 12. Rate and Fee Increases. Unless otherwise modified by the City Council, all rates and charges detailed in Section 9(a) and 9(d) shall be automatically increased by approximately five and one-half percent effective with the billings for service beginning December 1, 1985, and again by said percentage beginning December 1, 1986. Thereafter, rate adjustments will be established by Council action at a frequency and amount determined to be fiscally responsible to support service obligations. [Section 12 amended by Ordinance No. 1933, passed December 11, 1985.] Discontinuance of Service Section 13. Unsafe Apparatus. The City may refuse to furnish water and may discontinue service to a premises where an apparatus, appliance or other equipment using water is dangerous, unsafe or is being used in violation of laws, ordinances or legal regulations. The City does not assume liability for inspecting apparatus on the customer's property. The City does reserve the right of inspection, however, if there is reason to believe that unsafe or illegal apparatus is in use. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 7 PAGE 1 Section 14. Service Detrimental to Others. The City may refuse to furnish water and may discontinue service to premises where excessive demand by one customer will result in inadequate service to others. Section 15. Fraud and Abuse. The City shall have the right to refuse or to discontinue water service to a premises to protect itself against fraud or abuse. Section 16. Noncompliance. The City may discontinue water service to a customer for noncompliance with a City regulation if the customer fails to comply with the regulation within five days after receiving written notice of the City's intention to discontinue service. If such noncompliance affects matters of health or safety or other conditions that warrant such action, the City may discontinue water service immediately. Section 17. Water Waste. Where wasteful or negligent water use seriously affects the general service, the City may discontinue the service if such conditions are not corrected within five days after the customer is given written notice. Knowingly allowing water to leak and not repairing it will constitute water waste. Section 18. Abandoned and Nonrevenue-producing Services. When a service connection to a premises has been abandoned or not used for a period of one year or longer, the City may remove it or the City may start charging the minimum fee. New service shall be placed only upon the customer's applying and paying for a new service connection and water system capacity fee. Section 19. Materials Used. Sizes of meters, pipes and other materials to be used in water connection and installation shall be determined by the City. General Section 20. Pools and Tanks. When an abnormally large quantity of water is desired for filling a swimming pool, log pond or for other purposes, arrangements shall be made with the City prior to taking such water. Permission to take water in unusual quantities shall be given only if it can be safely delivered and if other customers will not be inconvenienced. Section 21. Damage to City Property. The customer shall be liable for damage to a meter or other equipment or property owned by the City which is caused by an act of the customer, his tenants or agents. The damage shall include the breaking or destruction of seals by the customer on or near a meter and damage to a meter that may result from hot water or steam from a boiler or heater on the customer's premises. The City shall be reimbursed by the customer for such damage on presentation of a bill. Section 22. Water Source Development. No water source development will be made within the City limits without prior approval from the City Engineer. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 8 PAGE 1 Section 23. Cross Connections. Health regulations. Unprotected cross connections between the public water supply and any unapproved source of water are prohibited. Definition. A cross connection is defined as an interconnection between the utility water supply and any unapproved water supply, or a connection between a water distribution pipe and any fixture installed in such a manner that unsafe water, waste or sewage may be drawn into the utility water system. Cross connections may be divided into two classifications as follows: Connections in which pure and impure water are separated by gate valves, check valves, or both. Connections which permit pollution to enter when the pressure in the utility water system falls below atmospheric pressure, thus creating a vacuum. This process of water pollution is known as back siphonage. Use of private water and City water. Customers desiring to use both a utility water supply and a supply of water other than that furnished by the utility may obtain water at meter rates upon the following conditions and not otherwise. Under no circumstances shall a physical connection, direct or indirect, exist or be made in any manner, even temporarily, between the utility water supply and that of a private water supply. Where such a connection is found to exist, or where provision is made to connect the two systems by means of a spacer or otherwise, the utility water supply shall be shut off from the premises without notice. In case of such discontinuance, service shall not be re-established until satisfactory proof is furnished that the cross connection has been completely and permanently severed. Section 24. Access to Premises. The City or its duly authorized agents shall at all reasonable times have the right to enter or leave the customer's premises for any cross connection inspection with the service of water to the premises. The requirements of State Health Department and other appropriate agencies will provide guidelines to the City to its enforcement responsibility. Water Conservation Section 25. Declaration of Emergency. When the Mayor is informed that the City water supply has become, or is about to become, depleted to such an extent as to cause a serious water shortage in the City, the Mayor shall have the authority to declare an emergency water shortage and to direct that the provisions of Section [26] through [30] of this ordinance be enforced. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 9 PAGE 1 Section 26. Notice of Declaration of Emergency. When a declaration of emergency is pronounced by the Mayor, the City Administrator or his designate shall make the declaration public in a manner reasonably calculated to provide actual notice to the public. This provision shall not be construed as requiring personal delivery or service of notice or notice by mail. Section 27. Prohibited Uses of Water. When a declaration of emergency is pronounced and notice has been given in accordance with Section [25] and [26] above, the use and withdrawal of water by any person for the following purposes shall be prohibited: Sprinkling, watering or irrigating shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers or any other vegetation. Washing automobiles, trucks, trailers, trailerhouses, railroad cars or any other type of mobile equipment. Washing sidewalks, driveways, filling station aprons, porches and other surfaces. Washing the outside of dwellings; washing the inside or outside of office buildings. Washing and cleaning any business or industrial equipment and machinery. Operating any ornamental fountain or other structure making a similar use of water. Swimming and wading pools not employing a filter and recirculating system. Permitting the escape of water through defective plumbing. Section 28. Exemptions. At the discretion of the Mayor, one or more of the above uses may be exempted from the provisions of this section. The exemption shall be made public as provided in Section [26] of this ordinance. Section 29. Exception to Maintain Sanitation. The City Administrator shall have the authority to permit a reasonable use of water necessary to maintain adequate health and sanitation standards. Section 30. Enforcement. Department of Public Works will be responsible for the interpretation and administration of this ordinance. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 1866 PAGE 10 Section 31. Civil Infraction Assessment. A violation of any provision of this ordinance constitutes a class 2 civil infraction and shall be dealt with according to the procedures established by Ordinance 1998. [Section 30 amended by Ordinance No. 2008, passed October 24, 1988.] Section 32. Severability. The sections and subsections of this ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections and subsections. Section 33. Repeal. Ordinance No. 1378, enacted October 8, 1973; Ordinance No. 1595, enacted March 21, 1978; Ordinance No. 1596, enacted March 21, 1978; Ordinance No. 1622, enacted June 27, 1978; and Ordinance No. 1804, enacted January 10, 1983, are repealed. Passed by the Council April 23, 1984, and approved by the Mayor April 24, 1984. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 1965 PAGE 1 ORDINANCE NO. 1965 AN ORDINANCE PROVIDING RULES, REGULATIONS, AND ENFORCEMENT FOR THE USE AND SUPPLY OF CITY SANITARY SEWER SERVICE AND WATER SERVICE, REPEALING ORDINANCE NO. 1931, AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Deposit Application. Application for City sanitary sewer and water services, other than connection and meter installation service, shall be by written application on forms provided at the Recorder's Office. Each application for the use of sanitary sewer and water service must specifically designate the property to be served and the owner thereof and must be accompanied by a deposit in the sum of not less than $40.00 or an amount equal to estimated 3 months bill at the discretion of the City. However, any resident of Woodburn (a person who has established credit with the City of Woodburn by having water and/or sewer service in his/her own name) will by allowed to move from one location within the City limits without having to pay a deposit if that resident has lived in Woodburn for at least three years, has had City of Woodburn water and/or sewer service in his/her own name, and has not been delinquent in paying for water and/or sewer service within the past three years. Section 2. Deposit Refund. A refund of the water and sewer service deposit will occur when a customer shows a satisfactory credit performance for three years. If it becomes necessary to make one or more visits to enforce collection and/or shut-off for non-payment during the three year period, the City shall retain the deposit. The deposit will be held for an additional three years from the date of the last visit to the customer's premise for collection for non- payment of a bill. (Definition of visit - hand delivery of notice of shut-off to the customer's premise. Definition of satisfactory credit - no water shut-off notices hand delivered and /or temporary shut-off service for non-payment during a three-year period). A refund of the deposit will occur upon the applicant's requesting discontinuance of service provided that all outstanding bills are paid in full. The deposit may be applied to the final bill. If an account is shut-off for non-payment, the deposit shall be held as security until the outstanding balance is paid. The deposit will only be applied to the outstanding balance when the account is closed and no further water or sewer service is required by the customer. The remaining balance of the deposit not used to pay the outstanding bill will be refunded to the customer. Upon refund of the cash deposit to the applicant for satisfactory credit performance or upon termination of service, the deposit shall be refunded together with interest thereon at the rate of one-half percent below the average annual interest rate received by the City. However, no interest shall be allowed or paid by the City of Woodburn on deposits which have been deposited with the City for less than 30 ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 1965 PAGE 2 days. All cash deposits so paid to the City of Woodburn by water users shall be credited by the Finance Department into a special account to be known as "Water Deposit Trust Account". Section 3. Disconnect Procedure. All Charges for sanitary sewer and water service furnished or rendered by the City of Woodburn shall be chargeable to the premises or property where sanitary sewer and water service is supplied and, in addition, all persons signing an application for the use of sanitary sewer and water service shall be personally liable for all charges accrued against the property designated within the application. The City reserves the right to cut off and disconnect sanitary sewer and water service to the premises without further notice when charges for sanitary sewer and water service have not been paid within 30 days after the due date, and the expense thereof shall be borne by the property to which such service has been supplied. The City shall provide 3 to 5 days notice by a door hanger or by mail prior to water service disconnect. Fees charged for delinquency, disconnection and restoration of sanitary sewer services and water services shall be in accordance with the Master Fee Schedule. After the City water service has been disconnected for non-payment, it shall not be restored until the past due amount and all fees have been paid in full. [Section 3(B) as amended by Ordinance No. 2432 passed March 10, 2008 and effective May 1, 2008.] The charges for turn-off and/or turn-on for reasons other than non-payment of water bill shall be $10.00. No charge shall be made for water turn-on service for a new customer with a deposit or an established three-year credit, and for the turn-on and/or turn-off services necessitated by an emergency such as waterline or equipment breakage. A renter or owner shall not be allowed to have City utility services at a new location unless the current billings have been satisfied. The non-delinquent bills after deposit deduction remains with the property. The disconnect notice shall be sent to the renter as well as the property owner at the time of termination of service for non-payment of bill. It is the property owner's responsibility to inform the City of its ownership. If the City fails to provide notice to the property owner, who has informed the City of its ownership and is on the City's current records, then the said property will not be liable for City's utility charges exceeding 15 working days beyond delinquency. Also, this provision will apply if the City fails to turn- off the water to the premises. Any charges exceeding 15 working days beyond delinquency must be collected from the renter or user of utility services, and failing to do so, the revenues shall be considered uncollectible and deleted from the City resources. The City may charge 1% interest per month on delinquent accounts. If a property served by City utilities is purchased by a bona fide purchaser with no knowledge of unpaid charges for prior utility service to the same property, the ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 1965 PAGE 3 purchaser of the property shall not be responsible for any of the charges that the former owner fails to pay. [Section 3F added by Ordinance 2371, passed September 13, 2004.] Section 4. Lien Procedure. Any and all sanitary sewer and water service bills not paid within 45 days after the due date shall be recorded by the City Recorder in the docket of City liens. When so docketed, said sum shall be a lien or charge against the estate and interest of the respective owners and the parties interested in such land which shall have been supplied with sanitary sewer and water service. Said persons shall make payment within 10 days from the time of entering the same in the docket of City liens and, if not so paid, the same shall be deemed delinquent and thereupon shall be collected in the manner provided for the collection of delinquent assessments. In addition to the City's property lien process, the City may use State statutes to collect the sewer bills. Section 5. Notice. Notice to the City of the desire of any person to have the water turned off or at any premises shall be given to the Recorder at least 24 hours before the water is to be so turned on or off. In no event shall any person, other than the duly authorized employees of the City, turn on the supply of City water after the same has been shut off by the City on account of discontinuance of service for any reason whatsoever. Section 6. Permit. No person supplied with sanitary sewer and water service shall be permitted to supply or furnish such services in any way to other persons or premises without a permit from the City Council. Section 7. Repairs. The City reserves the right to shut off water from the mains, without notice, for repairs or other necessary purposes. For normal, routine repairs, the City shall take reasonable precaution to notify occupants of affected premises of the intention to shut off the water supply. In no event shall the City, its officers, employees or agents be responsible for any damage resulting from shutting off the City water supply. Water for steam boilers for power purposes shall not be furnished by direct pressure from the City water main. Owners of steam boilers shall maintain tanks for holding an ample reserve of water. Section 8. Alterations. No person, other than an agent of the City, shall tap the City sanitary sewer or water mains, or make alterations in any conduit, pipe, or other fixture connected therewith, between the main and the property line. Section 9. Access. The City shall have free access to all parts of the building or premises which are served by City sanitary sewer and water service for the purpose of inspecting the pipes and fixtures. Section 10. Rates. The City Council of the City of Woodburn shall from time to time establish, by ordinance, all rates, surcharges, and connection fees for the use of the City of ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 1965 PAGE 4 Woodburn sanitary sewer and water service. The Public Works Director shall conduct an annual review of rates contained in this ordinance. Outside City Limits. A factor of 1.5 shall be applied to all rates and charges for service outside the City. Hardship Relief. Hardship cases may apply for and be granted a charge reduction of 40% to the bill. Hardship may be established by submitting proof of $6,000 or less yearly income. To remain eligible for reduction, the water consumption must not exceed the average, and the City may at its option install a meter for this monitoring. Section 11. Civil Infraction Assessment. A violation of any provision of this ordinance constitutes a class 3 civil infraction and shall be dealt with in according to the procedures established by Ordinance 1998. [Section 11 as amended by Ordinance No. 2008, passed October 28, 1988.] Section 12. Severability. The sections and subsections of this ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections and subsections. Section 13. Repeal. Ordinance No. 1931 is hereby specifically repealed. Section 14. [Emergency clause.] Passed by the Council February 9, 1987, and approved by the Mayor February 11, 1987. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2070 PAGE 1 ORDINANCE NO. 2070 AN ORDINANCE ESTABLISHING SYSTEM DEVELOPMENT CHARGES FOR WATER AND SEWER. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. "Applicant" shall mean the owner or other person who applies for a building permit, development permit, or connection to the City's water or sewer system. "Building" shall mean any structure, either temporary or permanent, built for the support, shelter or enclosure of persons, chattels or property of any kind. This term shall include tents, trailers, mobile homes or any vehicles serving in any way the function of a building. This term shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a building permit. "Building permit" shall mean an official document or certificate authorizing the construction or siting of any building. For purposes of this ordinance, the term "building permit" shall also include any construction or installation permits which may be required for those structures or buildings, such as a mobile home, that do not require a building permit in order to be occupied. "Capital improvements" shall mean public facilities or assets used for any of the following: 1) Water supply, treatment, storage, and transmission/conveyance; 2) Sewer collection/conveyance, treatment, and disposal; or [Section 1(D) as amended by Ordinance 2251 passed November 22, 1999, and effective January 1, 2000.] "Citizen or other interested person" shall mean any person who is a legal resident of the City of Woodburn as evidenced by registration as a voter in the City, or by other proof of residency; or a person who owns, occupies, or otherwise has an interest in real property which is located within the city limits or is otherwise subject to the imposition of system development charges, as outlined in Section of this ordinance. "Development" shall mean a building or other land construction, or making a physical change in the use of a structure or land, in a manner which increases the usage of any capital improvements or which will contribute to the need for additional or enlarged capital improvements. "Development permit" shall mean an official document or certificate, other than a building permit, authorizing development. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2070 PAGE 2 "Dwelling unit" shall mean a building or a portion of a building designed for residential occupancy, consisting of one or more rooms which are arranged, designed or used as living quarters for one family only. "Encumbered" shall mean monies committed by contract or purchase order in a manner that obligates the City to expend the encumbered amount upon delivery of goods, the rendering of services, or the conveyance of real property provided by a vendor, supplier, contractor or owner. "Improvement fee" shall mean a fee for costs associated with capital improvements to be constructed after the effective date of this ordinance. "Owner" shall mean the person holding legal title to the real property upon which development is to occur. "Person" shall mean an individual, a corporation, a partnership, an incorporated association, or any other similar entity. "Qualified public improvement" shall mean a capital improvement that is: 1) Required as a condition of development approval; 2) Identified in the adopted capital improvement plan (CIP); and either a) not located on or contiguous to property that is the subject of development approval; or b) 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. [Section 1 as amended by Ordinance 2251 passed November 22, 1999, and effective January 1, 2000.] "Reimbursement fee" shall mean a fee for costs associated with capital improvements already constructed or under construction on the effective date of this ordinance. "System development charge" shall mean a reimbursement fee, an improvement fee, or a combination thereof assessed or collected at the time of increased usage of a capital improvement or issuance of a development permit, building permit or connection to the capital improvement. System development ---PAGE BREAK--- ORDINANCE NO. 2070 PAGE 3 WOODBURN ORDINANCE COMPILATION UTILITIES charges are separate from and in addition to any applicable tax, assessment, fee in lieu of assessment, or other fee or charge provided by law or imposed as a condition of development. System development charges do not include connection or hook-up fees that reimburse the City for the average cost of inspecting and installing connections to water and sewer capital improvements. "System development charge study" shall mean the study adopted pursuant to Section as amended and supplemental pursuant to Section Section 2. Rules of Construction. For the purposes of administration and enforcement of this ordinance, unless otherwise stated in this ordinance, the following rules of construction shall apply: In case of any difference of meaning implication between the text of this ordinance and any caption, illustration, summary table, or illustrative table, the text shall control. The word "shall" is always mandatory and not discretionary; the word "may" is permissive. Words used in the present tense shall include the future; words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary; and use of the masculine gender shall include the feminine gender. The phrase "used for" includes "arranged for", "designed for", "maintained for", or "occupied for". Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or" or "either"...or", the conjunction shall be interpreted as follows: "And" indicates that all the connected terms, conditions, provisions or events shall apply. "Or" indicates that the connected items, conditions, or provisions or events may apply singly or in any combination. "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. The word "includes" shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like find or character. Section 3. Imposition of System Development Charges. System development charges are hereby imposed, subject to the following conditions. ---PAGE BREAK--- ORDINANCE NO. 2070 PAGE 4 WOODBURN ORDINANCE COMPILATION UTILITIES Development Subject to Charges. System Development Charges are imposed on all development within the city for capital improvements for water and sewer. System Development Charges are imposed on any development outside the city boundary for water and sewer capital improvements, if such development connects to or otherwise uses the city's water or sewer systems. The System Development Charges shall be paid in addition to all other fees, charges and assessments due for development, and are intended to provide funds only for capital improvements necessitated by new development. (Section 3 as amended by Ordinance 2251 passed November 22, 1999, and effective January 1, 2000.) Rates of Charges: 1) The City hereby adopts and incorporates by reference the study entitled “System Development Charges for Woodburn, Oregon”, dated July 29, 1991, particularly the assumptions, conclusions and findings in such study as to the determination of anticipated costs of capital improvements required to accommodate growth and the rates for system development charges to reimburse the City for such capital improvements. 1A) Notwithstanding subsection above, for the purpose of setting new Water System Development Charges, the City adopts the May 7, 2018 Methodology Report for Water System Development Charges prepared by the Galardi Rothstein Group, which is incorporated herein by this reference. 2) System development charges shall be imposed and calculated for the alteration, expansion or replacement of a building or dwelling unit if such alteration, expansion or replacement results in an increase in the use of capital improvements compared to the present use of the development. The amount of the system development charge to be paid shall be the difference between the rate for the proposed development and the rate that would be imposed for the development prior to the alteration, expansion or replacement. 3) The City shall, based upon the studies referred to above, adopt by resolution the amounts of system development charges. These resolutions may contain language applying a specific cost index in compliance with ORS 223.304 8(b). (Section 3 as amended by Ordinance 2560 passed July 9, 2018, and effective September 17, 2018.) Payment of Charges. Except as otherwise provided in this ordinance, applicants for building permits, development permits, or connection to City water or sewer systems shall pay the applicable system development charges prior to the issuance of the permit or connection by the City unless charges are financed pursuant to a City approved installment or deferral program. (Section 3(C) as amended by Ordinance 2457 passed June 22, 2009) Alternative Rate Calculation. Applicants may submit alternative rates for system development charges, subject to the following conditions: In the event an applicant believes that the impact on City capital ---PAGE BREAK--- ORDINANCE NO. 2070 PAGE 5 WOODBURN ORDINANCE COMPILATION UTILITIES improvements resulting from his development is less than the fee established in Section such applicant may submit a calculation of an alternative system development charge to the City Council. The alternative system development charges rate calculations shall be based on data, information and assumptions contained in this ordinance and the adopted system development charges study or an independent source, provided that the independent source is a local study supported by a data base adequate for the conclusions contained in such study performed pursuant to a generally accepted methodology and based upon generally accepted standard sources of information relating to facilities planning, cost analysis and demographics. If the City Council determines that the data, information and assumptions utilized by the applicant to calculate the alternative system development charges rates comply with the requirements of this Section by using a generally accepted methodology, the alternative system development charges rates shall be paid in lieu of the rates set forth in Section If the City Council determines that the data, information and assumptions utilized by the applicant to calculate the alternative system development charges rates do not comply with the requirements of this Section or were not calculated by a generally accepted methodology, then the City Council shall provide to the applicant (by certified mail, return receipt requested) written notification of the rejection of the alternative system development charges rates and the reason therefor. Any applicant who has submitted a proposed alternative system development charges rate pursuant to this Section and desires the immediate issuance of a building permit, development permit, or connection shall pay the applicable system development charges rates pursuant to Section Said payment shall be deemed paid under "protest" and shall not be construed as a waiver of any right of review. Any difference between the amount paid and the amount due, as determined by the Council, shall be refunded to the applicant. Exemptions. The following development shall be exempt from payment of the system development charges: Alterations, expansion or replacement of an existing dwelling unit where not additional dwelling units are created and no change in use has occurred. The construction of accessory buildings or structures which will not create additional dwelling units and which do not create additional demands on the City's capital improvements. The issuance of a permit for a mobile home installation on the property which applicable system development charges have previously been made for such installation as documented by receipts issued by the City for such prior payment. Development with vested rights, determined as follows: ---PAGE BREAK--- ORDINANCE NO. 2070 PAGE 6 WOODBURN ORDINANCE COMPILATION UTILITIES Any owner of land which was the subject of a building permit or development permit issued prior to the effective date of this ordinance may petition the City for a vested rights determination which would exempt the landowner from the provisions of this ordinance. Such petition shall be evaluated in writing by the City Attorney and a decision made by the City Council based on the following criteria: The existence of a valid, unexpired permit issued by the City authorizing the specific development for which a determination is sought; (ii) Substantial expenditures or obligations made or incurred in reliance upon the authorizing governmental act; (iii) Other factors that demonstrate it is highly inequitable to deny the owner the opportunity to complete the previously approved development under the conditions of approval by requiring the owner to comply with the requirement of this ordinance. For the purposes of this paragraph, the following factors shall be considered in determining whether it is inequitable to deny the owner the opportunity to complete the previously approved development: (aa) Whether the injury suffered by the owner outweighs the public cost of allowing the development to go forward without payment of the system development charges required by this ordinance; and (bb) Whether the expenses or obligations for the development were made or incurred prior to the effective date of this Ordinance. Credits for Development Contributions of Qualified Public Improvements. The City shall grant a credit against the system development charges imposed pursuant to Section and for the donation of land as permitted by Ordinance 1807, or for the construction of any qualified public improvements. Such land donation and construction shall be subject to the approval of the City. The amount of developer contribution credit to be applied shall be determined according to the following standards of valuation: The value of donated lands shall be based upon a written appraisal of fair market value by a qualified and professional appraiser based upon comparable sales of similar property between unrelated parties in a bargaining transaction; and The cost of anticipated construction of qualified public improvements shall be based upon cost estimates certified by a professional architect or engineer. Prior to issuance of a building permit, development permit, or connection, the applicant shall submit to the City Administrator a proposed plan and estimate of cost for contributions of qualified public improvements. The proposed plan and estimate shall include: ---PAGE BREAK--- ORDINANCE NO. 2070 PAGE 7 WOODBURN ORDINANCE COMPILATION UTILITIES A designation of the development for which the proposed plan is being submitted; A legal description of any land proposed to be donated pursuant to Chapter 39 of the Woodburn Zoning Ordinance, Ordinance 1807, and a written appraisal prepared in conformity with subsection of this Section. A list of the contemplated capital improvements contained within the plan; An estimate of proposed construction costs certified by a professional architect or engineer; and A proposed time schedule for completion of the proposed The City Administrator shall determine if the proposed qualified public improvement is: Required as a condition of development approval; Identified in the adopted capital improvement plan (CIP); and either i) Not located on or contiguous to property that is the subject of development approval; or ii) 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. (Section 3 as amended by Ordinance 2251 passed November 22, 1999, and effective January 1, 2000.) Any applicant who submits a proposed plan pursuant to this Section and desires the immediate issuance of a building permit, development permit, or connection, shall pay the applicable system development charges. Said payment shall be deemed paid under "protest" and shall not be construed as a waiver of any review rights. Any difference between the amount paid the amount due, as determined by the City Administrator, shall be refunded to the applicant. In no event shall a refund by City under this subsection exceed the amount originally paid by the applicant. In the event the amount of developer contribution determined to be applicable by the City Administrator pursuant to an approved plan of contribution exceeds the total amount of system development charges due by the applicant, the City may execute with the applicant an agreement for future reimbursement of the excess of such contribution credit from future receipts by the City of other system development charges. Such agreement of reimbursement shall be subject to City ---PAGE BREAK--- ORDINANCE NO. 2070 PAGE 8 WOODBURN ORDINANCE COMPILATION UTILITIES Council Approval and not be for a period in excess of five years from the date of completion of the approved plan of contribution and shall provide for a forfeiture of any remaining reimbursement balance at the end of such five year period. Appeals and Review Hearings. An applicant who is required to pay system development charges shall have the right to request a hearing to review the denial by the City Administrator of any of the following: A proposed credit for contribution of qualified public improvements pursuant to Section Such hearing shall be requested by the applicant within fifteen (15) days of the date of first receipt of the denial by the City Administrator. Failure to request a hearing within the time provided shall be deemed a waiver of such right. The request for hearing shall be filed with the City Administrator and shall contain the following: The name and address of the applicant; The legal description of the property in question; If issued, the date the building permit, development permit, or connection was issued; A brief description of the nature of the development being undertaken pursuant to the building permit, development permit, or connection; If paid, the date the system development charges were paid; and A statement of the reasons why the applicant is requesting the hearing. Upon receipt of such request, the City Administrator shall schedule a hearing before the City Council at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the applicant written notice of the time and place of the hearing. Such hearing shall be held within forty-five (45) days of the date the request for hearing was filed. Such hearing shall be before the City Council and shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedures and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. ---PAGE BREAK--- ORDINANCE NO. 2070 PAGE 9 WOODBURN ORDINANCE COMPILATION UTILITIES Any applicant who requests a hearing pursuant to this Section and desires the immediate issuance of a building permit, development permit, or connection shall pay prior to or at the time the request for hearing is filed the applicable system development charges pursuant to Section Said payment shall be deemed paid under "protest" and shall not be construed as a waiver of any review rights. An applicant may request a hearing under this Section without paying the applicable system development charges, but no building permit, development permit, or connection shall be issued until such system development charges are paid in the amount initially calculated or the amount approved upon completion of the review provided in this Section. Review of Study and Rates. This ordinance and the system development charges study shall be reviewed at least once every four years. The review shall consider new estimates of population and other socioeconomic data, changes in the cost of construction and land acquisition, and adjustments to the assumptions, conclusions or findings set forth in the study adopted by Section The purpose of this review is to evaluate and revise, if necessary, the rates of the system development charges to assure that they do not exceed the reasonably anticipated costs of the City's capital improvements. In the event the review of the ordinance or the study alters or changes the assumptions, conclusions and findings of the study, or alters or changes the assumptions, conclusions and findings of the study, or alters or changes the amount of system development charges, the study adopted by reference in Section shall be amended and updated to reflect the assumptions, conclusions and findings of such reviews and Section shall be amended to adopt by reference such updated studies. Section 4. Receipt and Expenditure of System Development Charges. Trust Accounts. The city hereby establishes a separate trust account for each type of System Development Charge to be designated as the "Water SDC Account" and the "Sewer SDC Account,” which shall be maintained separate and apart from all other accounts of the city. All System Development Charge payments shall be deposited into the appropriate trust account immediately upon receipt. (Section 4 as amended by Ordinance 2251 passed November 22, 1999, and effective January 1, 2000.) Use of System Development Charges. The monies deposited into the trust accounts shall be used solely for the purpose of providing capital improvements necessitated by development, including, but not limited to: Design and construction plan preparation; Permitting and fees; ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2070 PAGE 10 Land and materials acquisition, including any costs of acquisition or condemnation; Construction of improvements and structures; Design and construction of new drainage facilities required by the construction of capital improvements and structures; Relocating utilities required by the construction of improvements and structures; Landscaping; Construction management and inspection; Surveying, soils and material testing; (10) Acquisition of capital equipment; (11) Repayment of monies transferred or borrowed from any budgetary fund of the City which were used to fund any of the capital improvements as herein provided; (12) Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the City to fund capital improvements; (13) Direct costs of complying with the provisions of ORS 223.297 to 223.314, including the costs of developing system development charges methodologies and providing an annual accounting of system development charges expenditures. Prohibited Uses of System Development Charges. Funds on deposit in system development charge trust accounts shall not be used for: Any expenditure that would be classified as a routine maintenance or repair expense; or Costs associated with the construction of administrative office facilities that are more than an incidental part of other capital improvements. Capital Improvements Authorized to be Financed by System Development Charges. Any capital improvement being funded wholly or in part with system development charges revenue shall be included in the City's capital improvement program. The capital improvement program shall: List the specific capital improvement projects that may be funded with system development charges revenue; ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2070 PAGE 11 Provide the cost of each capital improvement project, and an estimate of the amounts of each revenue source, including system development charges, that will be used to fund each project; Provide the estimated timing of each capital improvement project; and Be updated at least once every four years. Investment of Trust Account Revenue. Any funds on deposit in system development charges trust accounts which are not immediately necessary for expenditure shall be invested by the City. All income derived from such investments shall be deposited in the system development trust accounts and used as provided herein. Refunds of System Development Charges. System development charges shall be refunded in accordance with the following requirements: An applicant or owner shall be eligible to apply for a refund if: a) The building permit, development permit or connection has expired and the development authorized by such permit is not complete; or b) The system development charges have not been expended or encumbered prior to the end of the fiscal year immediately following the ninth anniversary of the date upon which such charges were paid. For the purposes of this section, system development charges were paid. For the purposes of this section, system development charges collected shall be deemed to be expended or encumbered on the basis of the first system development charges in shall be the first system development charges out. The application for refund shall be filed with the City Administrator and contain the following: a) The name and address of the applicant; b) The location of the property which was the subject of the system development charges; c) A notarized sworn statement that the petitioner is the then current owner of the property on behalf of which the system development charges were paid, including proof of ownership, such as a certified copy of the latest recorded deed; d) The date the system development charges were paid; e) A copy of the receipt of payment for the system development charges; and, if appropriate; f) The date the building permit, development permit, or connection was issued and the date of expiration. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2070 PAGE 12 The application shall be filed within ninety (90) days of the expiration of the building permit, development permit, or connection, or within ninety (90) days of the end of the fiscal year following the ninth anniversary of the date upon which the system development charges were paid. Failure to timely apply for a refund of the system development charges shall waive any right to a refund. Within thirty (30) days from the date of receipt of a petition for refund, the City Administrator will advise the petitioner of the status of the request for refund, and if such request is valid, the system development charges shall be returned to the petitioner. A building permit, development permit, or connection which is subsequently issued for a development on the same property which was the subject of a refund shall pay the systems development charges as required by Section Annual Accounting Reports. The City shall prepare an annual report accounting for system development charges, including the total amount of system development charges revenue collected in each trust account, and the capital improvement projects that were funded. Challenge of Expenditures. Any citizen or other interested person (as defined in Section may challenge an expenditure of system development charges revenues. Such challenge shall be submitted, in writing, to the City Administrator for review within two years following the subject expenditure, and shall include the following information: a) The name and address of the citizen or other interested person challenging the expenditure; b) The amount of the expenditure, the project, payee or purpose, and the approximate date on which it was made; and c) The reason why the expenditure is being challenged. If the City Administrator determines that the expenditure was not made in accordance with the provisions of this ordinance and other relevant laws, a reimbursement of system development charges trust account revenues from other revenue sources shall be made within one year following the determination that the expenditures were not appropriate. The City Administrator shall make written notification of the results of the expenditure review to the citizen or other interested person who requested the review within ten (10) days of completion of the review. Section 5. Severability. If any clause, section or provision of this ordinance shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said ordinance shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. ---PAGE BREAK--- ORDINANCE NO. 2070 PAGE 13 WOODBURN ORDINANCE COMPILATION UTILITIES Passed by the Council September 9, 1991 and approved by the Mayor September 10, 1991. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2111 PAGE 1 ORDINANCE NO. 2111 AN ORDINANCE ESTABLISHING A METHODOLOGY FOR TRAFFIC IMPACT FEES (TIF) AND STORMWATER DRAINAGE SYSTEM DEVELOPMENT CHARGES; AND REPEALING ORDINANCE NO. 1842. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. The following definitions apply: "Applicant" shall mean the owner or other person who applies for a building permit or development permit. "Bancroft Bond" shall mean a bond issued by the city to finance a capital improvement in accordance with ORS 223.205 - 223.295. "Building" shall mean any structure, either temporary or permanent, built for the support, shelter or enclosure of persons, chattels or property of any kind. This term shall include tents, trailers, mobile homes or any vehicles serving in any way the function of a building. This term shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a building permit. "Building Permit" shall mean an official document or certificate authorizing the construction or siting of any building. For purposes of this ordinance, the term "Building Permit" shall also include any construction or installation permits which may be required for those structures or buildings, such as a mobile home, that do not require a building permit in order to be occupied. "Capital Improvements" shall mean public facilities or assets used for stormwater drainage. (Section 1 as amended by Ordinance 2249 passed November 22, 1999, effective January 1, 2000.) "Citizen or Other Interested Person" shall mean any person who is a legal resident of the City of Woodburn as evidenced by registration as a voter in the city, or by other proof of residency; or a person who owns, occupies, or otherwise has an interest in real property which is located within the city limits or is otherwise subject to the imposition of system development charges, as outlined in Section 3 of this ordinance. "City" shall mean the City of Woodburn, Oregon. "Credit" shall mean the amount of money by which the TIF or Stormwater Drainage SDC for a specific development may be reduced because of construction of eligible capital facilities as outlined in this ordinance. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2111 PAGE 2 "Development" shall mean a building or other land construction, or making a change in the use of a structure or land, in a manner which increases the usage of any capital improvements or which will contribute to the need for additional or enlarged capital improvements. "Development Permit" shall mean an official document or certificate, other than a building permit, authorizing development. "Dwelling Unit" shall mean a building or a portion of a building designed for residential occupancy, consisting of one or more rooms which are arranged, designed or used as living quarters for one family only. "Encumbered" shall mean monies committed by contract or purchase order in a manner that obligates the city to expend the encumbered amount upon delivery of goods, the rendering of services, or the conveyance of real property provided by a vendor, supplier, contractor or Owner. "Improvement Fee" shall mean a fee for costs associated with capital improvements to be constructed after the effective date of this ordinance. Notwithstanding anything in this ordinance to the contrary, it is an incurred charge or cost based upon the use of or the availability for use of the systems and capital improvements required to provide services and facilities necessary to meet the routine obligations of the use and ownership of property, and to provide for the public health and safety upon development. "Off-site" shall mean not located on or contiguous to property that is the subject of development approval. "On-site" shall mean located on or contiguous to property that is the subject of developmental approval. "Owner" shall mean the person holding legal title to the real property upon which development is to occur. "Person" shall mean an individual, a corporation, a partnership, an incorporated association, or any other similar entity. "Prime Rate of Interest" shall mean the base rate on corporate loans posted by at least 75% of the nation's 30 largest banks as posted in the Wall Street Journal. "Qualified Public Improvement" shall mean a capital improvement that is: 1) Required as a condition of residential development approval; 2) Identified in the adopted capital improvement plan (CIP); and either ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2111 PAGE 3 a) not located on or contiguous to property that is the subject of development approval; or b) 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 (Section 1 as amended by Ordinance 2249 passed November 22, 1999, effective January 1,2000.) "Right-of-Way" shall mean that portion of land that is dedicated for public use. "System Development Charge" shall mean an improvement fee assessed or collected at the time of increased usage of a capital improvement or issuance of a development permit or building permit. System development charges are separate from and in addition to any applicable tax, assessment, fee in lieu of assessment, or other fee or charge provided by law or imposed as a condition of development. This subsection was repealed by Ordinance 2249 passed November 22, 1999. "Traffic Impact Fee and Stormwater Drainage System Development Charge Methodology Report" shall mean the report adopted pursuant to Section as amended and supplemented pursuant to Section Section 2. Rules of Construction. For the purposes of administration and enforcement of this ordinance, unless otherwise stated in this ordinance, the following rules of construction shall apply: In case of any difference of meaning or implication between the text of this ordinance and any caption, illustration, summary table, or illustrative table, the text shall control. The word "shall" is always mandatory and not discretionary; the word "may" is permissive. Words used in the present tense shall include the future; words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary; and use of the masculine gender shall include the feminine gender. The phrase "used for" includes "arranged for", "designed for", "maintained for", or "occupied for". ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2111 PAGE 4 Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or" or "either...or", the conjunction shall be interpreted as follows: 1) "And" indicates that all the connected terms, conditions, provisions or events shall apply. 2) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. 3) "Either"...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. The word "includes" shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character. Section 3. Imposition of System Development Charges. System development charges are hereby imposed, subject to the following conditions: Development Subject to Charges. System development charges are imposed on all new development within the city for capital improvements for transportation and stormwater drainage. The system development charges shall be paid in addition to all other fees, charges and assessments due for development, and are intended to provide funds only for capital improvements necessitated by new development. Rates of Charges. 1) The city hereby adopts and incorporates by reference the report entitled "City of Woodburn Traffic Impact Fee and Stormwater Drainage System Development Charges Methodology Report", dated June 30, 1993, particularly the assumptions, conclusions and findings in such study as to the determination of anticipated costs of capital improvements required to accommodate growth and the rates for system development charges to reimburse the city for such capital improvements. 2) System development charges shall be imposed and calculated for the change in use, alternation, expansion or replacement of a building or dwelling unit if such change in use, alternation, expansion or replacement results in an increase in the use of capital improvements compared to the present use of the development. The amount of the system development charges to be paid shall be the difference between the rate for the proposed development and the rate that would be imposed for the development prior to the change in use, alternation, expansion or replacement. 3) The city shall, based upon the report referred to in subsection above, adopt by resolution the amounts of system development charges. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2111 PAGE 5 4) An additional systems development charge may be assessed by the city if the demand placed on the city's capital facilities exceeds the amount initially estimated at the time systems development charges are paid. The additional charge shall be for the increased demand or for the demand abovethe underestimate, and it shall be based upon the fee that is in effect at the time the additional demand impact is determined, and not upon the fee structure that may have been in effect at the time the initial systems development charge was paid. This provision does not apply to single family or other residential units unless additional rental units are created. Payment of Charges. Applicants for building permits or development permits shall pay the applicable system development charges prior to the issuance of the permits by the city unless charges are financed pursuant to a City approved installment or deferral program. (Section 3 as amended by Ordinance 2249 passed November 22,1999, effective January 1, 2000 and Ordinance 2457 passed June 22, 2009, effective June 24, 2009.) Alternative Rate Calculation. Applicants may submit alternative rates for system development charges, subject to the following conditions: 1) In the event an applicant believes that the impact on city capital improvements resulting from a development is less than the fee established in Section the applicant may submit alternative system development charge rate calculations, accompanied by the alternative rate review fee established by resolution for this purpose, to the City Administrator. The city may hire a consultant to review the alternative system development charge rate calculations, and may pay the consulting fees from system development charges revenues. 2) The alternative system development charge rate calculations shall be based on data, information and assumptions contained in this ordinance and the adopted system development charges study or an independent source, provided that the independent source is a local study supported by a data base adequate for the conclusions contained in such study performed pursuant to a generally accepted methodology and based upon generally accepted standard sources of information relating to facilities planning, cost analysis and demographics. 3) If the city council determines that the data, information and assumptions utilized by the applicant to calculate the alternative system development charges rates comply with the requirements of this section by using a generally accepted methodology, the alternative system development charges rates shall be paid in lieu of the rates set forth in Section 4) If the city council determines that the data, information and assumptions utilized by the applicant to calculate the alternative system development charges rates do not comply with the requirements of this section or were not calculated by a generally accepted methodology, then the city council shall provide to the applicant (by certified mail, return receipt requested) written notification of the rejection of the alternative system development charges rates and the reason therefor. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2111 PAGE 6 5) Any applicant who has submitted a proposed alternative system development charges rate pursuant to this section and desires the immediate issuance of a building permit or development permit shall pay the applicable system development charges rates pursuant to Section Said payment shall be deemed paid under "protest" and shall not be construed as a waiver of any right of review. Any difference between the amount paid and the amount due, as determined by the city council, shall be refunded to the applicant. Exemptions. The following development shall be exempt from payment of the system development charges: 1) Alternations, expansion or replacement of an existing dwelling unit where no additional dwelling units are created. 2) The construction of accessory buildings or structures which will not create additional dwelling units and which do not create additional demands on the city's capital improvements. 3) The issuance of a permit for a mobile home on which applicable system development charges have previously been made as documented by receipts issued by the city for such prior payment. 4) Development with vested right, determined as follows: a) Any owner of land which was the subject of a building permit or development permit issued prior to the effective date of this ordinance may petition the city for a vested rights determination which would exempt the landowner from the provision of this ordinance. Such petition shall be evaluated by the City Attorney and a decision made by the city council based on the following criteria: i) The existence of a valid, unexpired permit issued by the city authorizing the specific development for which a determination is sought; ii) Substantial expenditures or obligations made or incurred in reliance upon the authorizing governmental act; iii) Other factors that demonstrate it is highly inequitable to deny the owner the opportunity to complete the previously approved development under the conditions of approval by requiring the owner to comply with the requirements of this ordinance. For the purposes of this paragraph, the following factors shall be considered in determining whether it is inequitable to deny the owner the opportunity to complete the previously approved development: aa) Whether the injury suffered by the owner outweighs the public cost of allowing the development to go forward without payment of the system development charges required by this ordinance; and ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2111 PAGE 7 bb) Whether the expenses or obligations for the development were made or incurred prior to the effective date of this ordinance. Credits for Developer Contributions of Qualified Public Improvements. The city shall grant a credit, not to exceed 100% of the applicable TIF or SDC, against the system development charges imposed pursuant to Section and for the donation of land as permitted by Ordinance 1807, or for the construction of any qualified public improvements. Such land donation and construction shall be subject to the approval of the city. 1) The amount of developer contribution credit to be applied shall be determined according to the following standards of valuation: a) The value of donated lands shall be based upon a written appraisal of fair market value by a qualified and professional appraiser based upon comparable sales of similar property between unrelated parties in a bargaining transaction; and b) The cost of anticipated construction of qualified public improvements shall be based upon cost estimates certified by a professional architect or engineer. 2) Prior to issuance of a building permit or development permit, the applicant shall submit to the City Administrator a proposed plan and estimate of cost for contributions of qualified public improvements. The proposed plan and estimate shall include: a) a designation of the development for which the proposed plan is being submitted. b) a legal description of any land proposed to be donated pursuant to Chapter 39 of the Woodburn Zoning Ordinance, Ordinance 1807, and a written appraisal prepared in conformity with subsection of this section; c) a list of the contemplated capital improvements contained within the plan; d) an estimate of proposed construction costs certified by a professional architect or engineer; and e) a proposed time schedule for completion of the proposed plan. 3) The City Administrator shall determine if the proposed qualified public improvement is: a) Required as a condition of development approval; ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2111 PAGE 8 b) Identified in the adopted capital improvement plan (CIP); and either i) Not located on or contiguous to property that is the subject of development approval; or ii) Located in whole or in part on or contiguous to property that is the subject of development approval and required to be built large or with greater capacity than is necessary for the particular development project to which the improvement fee is related. c) Not located on or contiguous to property that is the subject of residential development approval. 4) The decision of the City Administrator as to whether to accept the proposed plan of contribution and the value of such contribution shall be in writing and issued within fifteen (15) working days of the review. A copy shall be provided to the applicant. 5) A proposed improvement which does not meet all three of the criteria included in Section 3(F)(3) above shall not be considered a qualified public improvement and the city is not required under ORS 223.297 - 223.314 to provide a credit for such an improvement. However, the city shall grant a credit, in an amount not to exceed fifty percent (50%) of the total amount of the applicable SDC, for certain other contributions of capital facilities under the following conditions: a) The capital facilities being contributed must exceed the local stormwater drainage capacity (for SDC) required for the specific type of development residential, industrial, etc.); and b) Only the value of the contribution which exceeds the local stormwater drainage capacity (for SDC) required for the specific type of development residential, industrial, etc.) shall be considered when calculating the credit; and c) Donations for on-site right-of-way are not eligible for the credit. (Section 3(F)(5) as amended by Ordinance 2259 passed November 22, 1999, effective January 1,2000.) 6) Any applicant who submits a proposed plan pursuant to this section and desires the immediate issuance of a building permit or development permit, shall pay the applicable system development charges. Said payment shall be deemed paid under "protest" and shall not be construed as a waiver of any review rights. Any difference between the amount paid and the amount due, as determined by the City Administrator, shall be refunded to the applicant. In no event shall a refund by city under this subsection exceed the amount originally paid by the applicant. Appeals and Review Hearings. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2111 PAGE 9 1) An applicant who is required to pay system development charges shall have the right to request a hearing to review the denial by the City Administrator of a proposed credit for contribution of qualified public improvements pursuant to Section (Section 3 as amended by Ordinance 2249 passed November 22, 1999, effective January 1, 2000.) 2) Such hearing shall be requested by the applicant within fifteen (15) days of the date of first receipt of the denial by the City Administrator. Failure to request a hearing within the time provided shall be deemed a waiver of such right. 3) The request for hearing shall be filed with the City Administrator and shall contain the following: a) The name and address of the applicant; b) The legal description of the property in question; c) If issued, the date the building permit or development permit was issued; d) A brief description of the nature of the development being undertaken pursuant to the building permit or development permit; e) If paid, the date the system development charges were paid; and f) A statement of the reasons why the applicant is requesting the hearing. 4) Upon receipt of such request, the City Administrator shall schedule a hearing before the city council at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the applicant written notice of the time and place of the hearing. Such hearing shall be held within forty-five (45) days of the date the request for hearing was filed. 5) Such hearing shall be before the city council and shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedures and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2111 PAGE 10 6) Any applicant who requests a hearing pursuant to this section and desires the immediate issuance of a building permit or development permit shall pay prior to or at the time the request for hearing is filed the applicable system development charges pursuant to Section Said payment shall be deemed paid under "protest" and shall not construed as a waiver of any review rights. 7) An applicant may request a hearing under this section without paying the applicable system development charges, but no building permit or development permit shall be issued until such system development charges are paid in the amount initially calculated or the amount approved upon completion of the review provided in this section. Review of Study and Rates. This ordinance and the Traffic Impact Fee and Stormwater Drainage System Development Charge Methodology Report shall be reviewed at least once every five years. The review shall consider new estimates of population and other socioeconomic data, changes in the cost of construction and land acquisition, and adjustments to the assumptions, conclusions or findings set forth in the report adopted by Section The purpose of this review is to evaluate and revise, if necessary, the rates of the system development charges to assure that they do not exceed the reasonably anticipated costs of the city's capital improvements. In the event the review of the ordinance or the report alters or changes the assumptions, conclusions and findings of the report, or alters or changes the amount of system development charges, the report adopted by reference in Section shall be amended and updated to reflect the assumptions, conclusions and findings of such reviews and Section shall be amended to adopt by reference such updated reports. Section 4. Receipt and Expenditure of System Development Charges. Trust Accounts. The City hereby establishes a separate trust account for each type of system development charge to be designated as the "Stormwater SDC", which shall be maintained separate and apart from all other accounts of the city. All system development charge payments shall be deposited into the appropriate trust account immediately upon receipt. (Section 4(A) as amended by Ordinance 2249 passed November 22, 1999, effective January 1, 2000.) Use of System Development Charges. The monies deposited into the trust accounts shall be used solely for the purpose of providing capital improvements necessitated by development, including, but not limited to: 1) design and construction plan preparation; 2) permitting and fees; 3) land and materials acquisition, including any costs of acquisition or condemnation; 4) construction of improvements and structures; ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2111 PAGE 11 5) design and construction of new drainage facilities required by the construction of capital improvements and structures; 6) relocating utilities required by the construction of improvements and structures; 7) landscaping; 8) construction management and inspection; 9) surveying, soils and material testing; 10) acquisition of capital equipment; 11) repayment of monies transferred or borrowed from any budgetary fund of the city which were used to fund any of the capital improvements as herein provided; 12) payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the city to fund capital improvements; 13) direct costs of complying with the provisions of ORS 223.297 to 223.314, including the costs of developing system development charges methodologies and providing an annual accounting of system development charges expenditures. 14) consulting costs for the review of alternative rates as provided for in Section of this ordinance. Prohibited Uses of System Development Charges. Funds on deposit in system development charge trust accounts shall not be used for: 1) any expenditure that would be classified as a routine maintenance or repair expense; or 2) costs associated with the construction of administrative office facilities that are more than an incidental part of other capital improvements. Capital Improvements Authorized to be Financed by System Development Charges. Any capital improvement being funded wholly or in part with system development charges revenue shall be included in the city's capital improvement program. The capital improvement program shall: 1) list the specific capital improvement projects that may be funded with system development charges revenues; 2) provide the cost of each capital improvement project, and an estimate of the amounts of each revenue source, including system development charges, that will be used to fund each project; ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2111 PAGE 12 3) provide the estimated timing of each capital improvement project; and 4) be updated at least once every five years. Investment of Trust Account Revenue. Any funds on deposit in system development charges trust accounts which are not immediately necessary for expenditure shall be invested by the city. All income derived from such investments shall be deposited in the system development charges trust accounts and used as provided herein. Refunds of System Development Charges. System development charges shall be refunded in accordance with the following requirements: 1) An applicant or owner shall be eligible to apply for a full or partial refund if: a) The building permit or development permit has expired and the development authorized by such permit is not complete; b) An error was made in calculating the amount of the system development charges resulting in overpayment, and the error is discovered within three months of the date the SDC was paid. The amount of the refund will be limited to the amount collected in excess of the appropriate SDC. c) The system development charges have not been expended or encumbered prior to the end of the fiscal year immediately following the ninth anniversary of the date upon which such charges were paid. For the purposes of this section, system development charges collected shall be deemed to be expended or encumbered on the basis of the first system development charges in shall be the first system development charges out. 2) The application for refund shall be filed with the City Administrator and contain the following: a) The name and address of the applicant; b) The location of the property which was the subject of the system development charges; c) A notarized sworn statement that the petitioner is the then current owner of the property on behalf of which the system development charges were paid, including proof of ownership, such as a certified copy of the latest recorded deed; d) The date the system development charges were paid; e) A copy of the receipt of payment for the system development charges; and, if appropriate, ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2111 PAGE 13 f) The date the building permit or development permit was issued and the date of expiration. 3) The application shall be filed within ninety (90) days of the expiration of the building permit or development permit or within ninety (90) days of the end of the fiscal year following the ninth anniversary of the date upon which the system development charges were paid. Failure to timely apply for a refund of the system development charges shall waive any right to a refund. 4) Within thirty (30) days from the date of receipt of a petition for refund, the City Administrator will advise the petitioner of the status of the request for refund, and if such request is valid, the system development charges shall be returned to the petitioner. 5) Refunds will not be granted based on a change in use of the property which results in a reduced impact on the city's capital facilities. 6) A building permit or development permit which is subsequently issued for a development on the same property which was the subject of a refund shall pay the systems development charges as required by Section Annual Accounting Reports. The city shall prepare an annual report accounting for system development charges, including the total amount of system development charges revenue collected in each trust account, and the capital improvement projects that were funded. Challenge of Expenditures. Any citizen or other interested person may challenge an expenditure of system development charges revenues. 1) Such challenge shall be submitted, in writing, to the City Administrator for review within two years following the subject expenditure, and shall include the following information: a) The name and address of the citizen or other interested person challenging the expenditure; b) The amount of the expenditure, the project, payee or purpose, and the approximate date on which it was made; and c) The reason why the expenditure is being challenged. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2111 PAGE 14 2) If the City Administrator determines that the expenditure was not made in accordance with the provisions of this ordinance and other relevant laws, a reimbursement of system development charges trust account revenues from other revenue sources shall be made within one year following the determination that the expenditures were not appropriate. 3) The City Administrator shall make written notification of the results of the expenditure review to the citizen or other interested person who requested the review with ten (10) days of completion of the review. Section 5. Severability. If any clause, section, or provision of this ordinance shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said ordinance shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporate herein. Section 6. Repeal. Ordinance No. 1842 shall be repealed at 11:59 p.m. on December 31, 1993. Passed by the Council September 13, 1993 and approved by the Mayor September 16, 1993. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2250 PAGE 1 ORDINANCE NO. 2250 AN ORDINANCE ESTABLISHING A METHODOLOGY FOR PARKS AND RECREATION SYSTEM DEVELOPMENT CHARGES; AND SETTING AN EFFECTIVE DATE. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. The following definitions apply: "Applicant" shall mean the owner or other person who applies for a building permit or development permit. "Bancroft Bond" shall mean a bond issued by the city to finance a capital improvement in accordance with ORS 223.205 - 223.295. "Building" shall mean any structure, either temporary or permanent, built for the support, shelter or enclosure of persons, chattels or property of any kind. This term shall include tents, trailers, mobile homes or any vehicles serving in any way the function of a building. This term shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a building permit. "Building Permit" shall mean an official document or certificate authorizing the construction or siting of any building. For purposes of this ordinance, the term "Building Permit" shall also include any construction or installation permits which may be required for those structures or buildings, such as a mobile home, that do not require a building permit in order to be occupied. "Capital Improvements" shall mean public facilities or assets used for Parks and Recreation. "Citizen or Other Interested Person" shall mean any person who is a legal resident of the City of Woodburn as evidenced by registration as a voter in the city, or by other proof of residency; or a person who owns, occupies, or otherwise has an interest in real property which is located within the city limits or is otherwise subject to the imposition of system development charges, as outlined in Section 3 of this ordinance. "City" shall mean the City of Woodburn, Oregon. "Credit" shall mean the amount of money by which the SDC for a specific development may be reduced because of construction of eligible capital facilities as outlined in this ordinance. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2250 PAGE 2 "Development" shall mean a building or other land construction, or making a change in the use of a structure or land, in a manner which increases the usage of any capital improvements or which will contribute to the need for additional or enlarged capital improvements. "Development Permit" shall mean an official document or certificate, other than a building permit, authorizing development. "Dwelling Unit" shall mean a building or a portion of a building designed for residential occupancy, consisting of one or more rooms which are arranged, designed or used as living quarters for one family only. "Encumbered" shall mean monies committed by contract or purchase order in a manner that obligates the city to expend the encumbered amount upon delivery of goods, the rendering of services, or the conveyance of real property provided by a vendor, supplier, contractor or Owner. "Improvement Fee" shall mean a fee for costs associated with capital improvements to be constructed after the effective date of this ordinance. Notwithstanding anything in this ordinance to the contrary, it is an incurred charge or cost based upon the use of or the availability for use of the systems and capital improvements required to provide services and facilities necessary to meet the routine obligations of the use and ownership of property, and to provide for the public health and safety upon development. "Off-site" shall mean not located on or contiguous to property that is the subject of development approval. "On-site" shall mean located on or contiguous to property that is the subject of developmental approval. "Owner" shall mean the person holding legal title to the real property upon which development is to occur. "Person" shall mean an individual, a corporation, a partnership, an incorporated association, or any other similar entity. "Prime Rate of Interest" shall mean the base rate on corporate loans posted by at least 75% of the nation's 30 largest banks as posted in the Wall Street Journal. "Qualified Public Improvement" shall mean a capital improvement that is: 1) Required as a condition of development approval; 2) Identified in the adopted capital improvement plan (CIP);and either ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2250 PAGE 3 3) a) Not located on or contiguous to property that is the subject of development approval; or a) 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 "Reimbursement fee" shall mean a fee for costs associated with capital improvements already constructed or under construction on the effective date of this ordinance. "Right-of-Way" shall mean that portion of land that is dedicated for public use. “System Development Charges” shall mean an improvement fee or reimbursement fee assessed or collected at the time of increased usage of a capital improvement or issuance of a development permit or building permit. System Development Charges are separate from and in addition to any applicable tax, assessment, fee in lieu of assessment, or other fee or charge provided by law or imposed as a condition of development. (Section 1 as amended by Ordinance 2536 passed September 12, 2016.) Section 2. Rules of Construction. For the purposes of administration and enforcement of this ordinance, unless otherwise stated in this ordinance, the following rules of construction shall apply: In case of any difference of meaning or implication between the text of this ordinance and any caption, illustration, summary table, or illustrative table, the text shall control. The word "shall" is always mandatory and not discretionary; the word "may" is permissive. Words used in the present tense shall include the future; words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary; and use of the masculine gender shall include the feminine gender. The phrase "used for" includes "arranged for", "designed for", "maintained for", or "occupied for". Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or" or "either...or", the conjunction shall be interpreted as follows: 1) "And" indicates that all the connected terms, conditions, provisions or events shall apply. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2250 PAGE 4 2) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. 3) "Either"...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. The word "includes" shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character. Section 3. Imposition of System Development Charges. System development charges are hereby imposed, subject to the following conditions: Development Subject to Charges. System development charges are imposed on all new development within the city for capital improvements for transportation . The system development charges shall be paid in addition to all other fees, charges and assessments due for development, and are intended to provide funds only for capital improvements necessitated by new development. Rates of Charges. The City hereby adopts and incorporates by reference the report entitled "Methodology Report - Parks and Recreation System Development Charges” dated March 2025, particularly the assumptions, conclusions and findings in such study as to the determination of anticipated costs of capital improvements required to accommodate growth and the rates for system. (Section 3 as amended by Ordinance 2638 passed August 11, 2025, effective September 15, 2025.) System Development Charges are imposed on all new development in the City for capital improvements for parks and recreation. The System Development Charges shall be paid in addition to all other fees, charges and assessments due for development, and are intended to provide funds only for capital improvements necessitated by new development. The City shall, based upon the report referred to in subsection above, adopt by resolution the amounts of System Development Charges. Additional System Development Charges may be assessed by the City if the demand placed on the City's capital facilities exceeds the amount initially estimated at the time System Development Charges are paid. The additional charge shall be for the increased demand or for the demand above the underestimate, and it shall be based upon the fee that is in effect at the time the additional demand impact is determined, and not upon the fee structure that may have been in effect at the time the initial System Development Charges were paid. This provision does not apply to single family or other residential units unless additional rental units are created. Notwithstanding any other provision, the System Development Charge rates adopted pursuant to this ordinance may on January 1st of each year, after the first year that the ordinance is effective, be adjusted by the City Council to account for changes in the cost of constructing facilities. The adjustment factor shall equal the change in ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2250 PAGE 5 construction costs according to the Engineering News Record (ENR) Northwest (Seattle, Washington) Construction Cost Index. The System Development Charge Adjustment Factor shall be used to adjust the System Development Charge rates, unless they are otherwise adjusted by action of the City Council based on adoption of an updated methodology or capital improvements plan (master plan). (Section 3 as amended by Ordinance 2536 passed September 12, 2016.) Payment of Charges. Applicants for building permits or development permits shall pay the applicable system development charges prior to the issuance of the permits by the city unless charges are financed pursuant to a City approved installment or deferral program. (Section 3 as amended by Ordinance 2457 passed June 22, 2009, effective June 24, 2009.) Alternative Rate Calculation. Applicants may submit alternative rates for system development charges, subject to the following conditions: 1) In the event an applicant believes that the impact on city capital improvements resulting from a development is less than the fee established in Section the applicant may submit alternative system development charge rate calculations, accompanied by the alternative rate review fee established by resolution for this purpose, to the City Administrator. The city may hire a consultant to review the alternative system development charge rate calculations, and may pay the consulting fees from system development charges revenues. 2) The alternative system development charge rate calculations shall be based on data, information and assumptions contained in this ordinance and the adopted system development charges study or an independent source, provided that the independent source is a local study supported by a data base adequate for the conclusions contained in such study performed pursuant to a generally accepted methodology and based upon generally accepted standard sources of information relating to facilities planning, cost analysis and demographics. 3) If the city council determines that the data, information and assumptions utilized by the applicant to calculate the alternative system development charges rates comply with the requirements of this section by using a generally accepted methodology, the alternative system development charges rates shall be paid in lieu of the rates set forth in Section 4) If the city council determines that the data, information and assumptions utilized by the applicant to calculate the alternative system development charges rates do not comply with the requirements of this section or were not calculated by a generally accepted methodology, then the city council shall provide to the applicant (by certified mail, return receipt requested) written notification of the rejection of the alternative system development charges rates and the reason therefor. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2250 PAGE 6 5) Any applicant who has submitted a proposed alternative system development charges rate pursuant to this section and desires the immediate issuance of a building permit or development permit shall pay the applicable system development charges rates pursuant to Section Said payment shall be deemed paid under "protest" and shall not be construed as a waiver of any right of review. Any difference between the amount paid and the amount due, as determined by the city council, shall be refunded to the applicant. E) Exemptions. The following development shall be exempt from payment of the system development charges: 1) Alternations, expansion or replacement of an existing dwelling unit where no additional dwelling units are created. 2) The construction of accessory buildings or structures which will not create additional dwelling units and which do not create additional demands on the city's capital improvements. 3) The issuance of a permit for a mobile home on which applicable system development charges have previously been made as documented by receipts issued by the city for such prior payment. Credits for Developer Contributions of Qualified Public Improvements. The city shall grant a credit, not to exceed 100% of the applicable Parks and Recreation SDC, against the system development charges imposed pursuant to Section and for the donation of land as permitted by Ordinance 1807, or for the construction of any qualified public improvements. Such land donation and construction shall be subject to the approval of the city. 1) The amount of developer contribution credit to be applied shall be determined according to the following standards of valuation: a) The value of donated lands shall be based upon a written appraisal of fair market value by a qualified and professional appraiser based upon comparable sales of similar property between unrelated parties in a bargaining transaction; and b) The cost of anticipated construction of qualified public improvements shall be based upon cost estimates certified by a professional architect or engineer. 2) Prior to issuance of a building permit or development permit, the applicant shall submit to the City Administrator a proposed plan and estimate of cost for contributions of qualified public improvements. The proposed plan and estimate shall include: a) a designation of the development for which the proposed plan is being submitted. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2250 PAGE 7 b) a legal description of any land proposed to be donated pursuant to Chapter 39 of the Woodburn Zoning Ordinance, Ordinance 1807, and a written appraisal prepared in conformity with subsection of this section; c) a list of the contemplated capital improvements contained within the plan; d) an estimate of proposed construction costs certified by a professional architect or engineer; and e) a proposed time schedule for completion of the proposed plan. 3) The City Administrator shall determine if the proposed qualified public improvement is: a) Required as a condition of development approval; b) Identified in the adopted capital improvement plan (CIP);and either c) i) Not located on or contiguous to property that is the subject of development approval; or ii) 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 4) The decision of the City Administrator as to whether to accept the proposed plan of contribution and the value of such contribution shall be in writing and issued within fifteen (15) working days of the review. A copy shall be provided to the applicant. 5) A proposed improvement which does not meet all three of the criteria included in Section 3(F)(3) above shall not be considered a qualified public improvement and the city is not required ORS 223.297 - 223.314 to provide a credit for such an improvement. However, the city shall grant a credit, in an amount not to exceed fifty percent (50%) of the total amount of the applicable Parks and Recreation SDC, for certain other contributions of capital facilities under the following conditions: a) The capital facilities being contributed must exceed the city standard required for the specific type of development residential, industrial, etc.); and b) Only the value of the contribution which exceeds the city standard required for the specific type of development residential, industrial, etc.) shall be considered when calculating the credit; and ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2250 PAGE 8 6) Any applicant who submits a proposed plan pursuant to this section and desires the immediate issuance of a building permit or development permit, shall pay the applicable system development charges. Said payment shall be deemed paid under "protest" and shall not be construed as a waiver of any review rights. Any difference between the amount paid and the amount due, as determined by the City Administrator, shall be refunded to the applicant. In no event shall a refund by city under this subsection exceed the amount originally paid by the applicant. Appeals and Review Hearings. 1) An applicant who is required to pay system development charges shall have the right to request a hearing to review the denial by the City Administrator of a proposed credit for contribution of qualified public improvements pursuant to Section 2) Such hearing shall be requested by the applicant within fifteen (15) days of the date of first receipt of the denial by the City Administrator. Failure to request a hearing within the time provided shall be deemed a waiver of such right. 3) The request for hearing shall be filed with the City Administrator and shall contain the following: a) The name and address of the applicant; b) The legal description of the property in question; c) If issued, the date the building permit or development permit was issued; d) A brief description of the nature of the development being undertaken pursuant to the building permit or development permit; e) If paid, the date the system development charges were paid; and f) A statement of the reasons why the applicant is requesting the hearing. 4) Upon receipt of such request, the City Administrator shall schedule a hearing before the city council at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the applicant written notice of the time and place of the hearing. Such hearing shall be held within forty-five (45) days of the date the request for hearing was filed. 5) Such hearing shall be before the city council and shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedures and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2250 PAGE 9 6) Any applicant who requests a hearing pursuant to this section and desires the immediate issuance of a building permit or development permit shall pay prior to or at the time the request for hearing is filed the applicable system development charges pursuant to Section Said payment shall be deemed paid under "protest" and shall not construed as a waiver of any review rights. 7) An applicant may request a hearing under this section without paying the applicable system development charges, but no building permit or development permit shall be issued until such system development charges are paid in the amount initially calculated or the amount approved upon completion of the review provided in this section. Review of Study and Rates. This ordinance and the Parks and Recreation System Development Charges Executive Summary, Methodology, and Rate Study shall be reviewed at least once every five years. The review shall consider new estimates of population and other socioeconomic data, changes in the cost of construction and land acquisition, and adjustments to the assumptions, conclusions or findings set forth in the report adopted by Section The purpose of this review is to evaluate and revise, if necessary, the rates of the system development charges to assure that they do not exceed the reasonably anticipated costs of the city's capital improvements. In the event the review of the ordinance or the report alters or changes the assumptions, conclusions and findings of the report, or alters or changes the amount of system development charges, the report adopted by reference in Section shall be amended and updated to reflect the assumptions, conclusions and findings of such reviews and Section shall be amended to adopt by reference such updated reports. Section 4. Receipt and Expenditure of System Development Charges. Trust Accounts. The City hereby establishes a separate trust account for each type of system development charge to be designated as the “Parks and Recreation SDC” which shall be maintained separate and apart from all other accounts of the city. All system development charge payments shall be deposited into the appropriate trust account immediately upon receipt. Use of System Development Charges. The monies deposited into the trust accounts shall be used solely for the purpose of providing capital improvements necessitated by development, including, but not limited to: 1) design and construction plan preparation; 2) permitting and fees; 3) land and materials acquisition, including any costs of acquisition or condemnation; 4) construction of improvements and structures; 5) design and construction of new drainage facilities required by the construction of capital improvements and structures; ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2250 PAGE 10 6) relocating utilities required by the construction of improvements and structures; 7) landscaping; 8) construction management and inspection; 9) surveying, soils and material testing; 10) acquisition of capital equipment; 11) repayment of monies transferred or borrowed from any budgetary fund of the city which were used to fund any of the capital improvements as herein provided; 12) payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the city to fund capital improvements; 13) direct costs of complying with the provisions of ORS 223.297 to 223.314, including the costs of developing system development charges methodologies and providing an annual accounting of system development charges expenditures. 14) consulting costs for the review of alternative rates as provided for in Section of this ordinance. Prohibited Uses of System Development Charges. Funds on deposit in system development charge trust accounts shall not be used for: 1) any expenditure that would be classified as a routine maintenance or repair expense; or 2) costs associated with the construction of administrative office facilities that are more than an incidental part of other capital improvements. Capital Improvements Authorized to be Financed by System Development Charges. Any capital improvement being funded wholly or in part with system development charges revenue shall be included in the city's capital improvement program. The capital improvement program shall: 1) list the specific capital improvement projects that may be funded with system development charges revenues; 2) provide the cost of each capital improvement project, and an estimate of the amounts of each revenue source, including system development charges, that will be used to fund each project; 3) provide the estimated timing of each capital improvement project; and ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2250 PAGE 11 4) be updated at least once every five years. Investment of Trust Account Revenue. Any funds on deposit in system development charges trust accounts which are not immediately necessary for expenditure shall be invested by the city. All income derived from such investments shall be deposited in the system development charges trust accounts and used as provided herein. Refunds of System Development Charges. System development charges shall be refunded in accordance with the following requirements: 1) An applicant or owner shall be eligible to apply for a full or partial refund if: a) The building permit or development permit has expired and the development authorized by such permit is not complete; b) An error was made in calculating the amount of the system development charges resulting in overpayment, and the error is discovered within three months of the date the SDC was paid. The amount of the refund will be limited to the amount collected in excess of the appropriate SDC. c) The system development charges have not been expended or encumbered prior to the end of the fiscal year immediately following the ninth anniversary of the date upon which such charges were paid. For the purposes of this section, system development charges collected shall be deemed to be expended or encumbered on the basis of the first system development charges in shall be the first system development charges out. 2) The application for refund shall be filed with the City Administrator and contain the following: a) The name and address of the applicant; b) The location of the property which was the subject of the system development charges; c) A notarized sworn statement that the petitioner is the then current owner of the property on behalf of which the system development charges were paid, including proof of ownership, such as a certified copy of the latest recorded deed; d) The date the system development charges were paid; e) A copy of the receipt of payment for the system development charges; and, if appropriate, f) The date the building permit or development permit was issued and the date of expiration. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2250 PAGE 12 3) The application shall be filed within ninety (90) days of the expiration of the building permit or development permit or within ninety (90) days of the end of the fiscal year following the ninth anniversary of the date upon which the system development charges were paid. Failure to timely apply for a refund of the system development charges shall waive any right to a refund. 4) Within thirty (30) days from the date of receipt of a petition for refund, the City Administrator will advise the petitioner of the status of the request for refund, and if such request is valid, the system development charges shall be returned to the petitioner. 5) Refunds will not be granted based on a change in use of the property which results in a reduced impact on the city's capital facilities. 6) A building permit or development permit which is subsequently issued for a development on the same property which was the subject of a refund shall pay the systems development charges as required by Section Annual Accounting Reports. The city shall prepare an annual report accounting for system development charges, including the total amount of system development charges revenue collected in each trust account, and the capital improvement projects that were funded. Challenge of Expenditures. Any citizen or other interested person may challenge an expenditure of system development charges revenues. 1) Such challenge shall be submitted, in writing, to the City Administrator for review within two years following the subject expenditure, and shall include the following information: a) The name and address of the citizen or other interested person challenging the expenditure; b) The amount of the expenditure, the project, payee or purpose, and the approximate date on which it was made; and c) The reason why the expenditure is being challenged. 2) If the City Administrator determines that the expenditure was not made in accordance with the provisions of this ordinance and other relevant laws, a reimbursement of system development charges trust account revenues from other revenue sources shall be made within one year following the determination that the expenditures were not appropriate. 3) The City Administrator shall make written notification of the results of the expenditure review to the citizen or other interested person who requested the review with ten (10) days of completion of the review. ---PAGE BREAK--- ORDINANCE NO. 2250 PAGE 13 WOODBURN ORDINANCE COMPILATION UTILITIES Section 5. Severability. If any clause, section, or provision of this ordinance shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said ordinance shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporate herein. Section 6. Effective Date. This ordinance shall be legally effective on September 15, 2025. (Amended by ordinance 2638) Passed by the Council and approved by the Mayor November 23, 1999. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2405 PAGE 1 ORDINANCE NO. 2405 AN ORDINANCE ESTABLISHING POLICY FOR THE PROVISION OF MUNICIPAL SEWER AND WATER SERVICE TO PROPERTIES LOCATED OUTSIDE CITY BOUNDARIES. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Municipal water and/or sewer service will not be provided to properties located outside City boundaries except as provided in this Ordinance. Section 2. Property outside City boundaries that is not currently provided water and/or sewer service by the City may obtain a connection to municipal water and/or sewer service only if the property is first annexed into the City. Section 3. Property outside City boundaries that is currently provided water and/or sewer service by the City shall continue to receive such service unless any of the following events occur: A. Municipal water and/or sewer use on the property ceases for a continuous period of at least six months; or B. A change in use; or C. A change in operations resulting in a material increase in the use of water and/or sewer service; or D. A change in ownership or title to the property Section 4. Municipal water and/or sewer service will not be discontinued until notice and an opportunity for a hearing have been given to the occupant and to the owner of record of the involved property. The notice shall be personally served or mailed by certified mail and shall state that thirty (30) days after the date of which the notice is given, service to the property will be discontinued. The notice shall also state that, before such date, a hearing may be requested on the matter, in which case service will not be discontinued until after the hearing is held. If a hearing is requested, a hearing date shall be set and all interested parties shall have the opportunity to address the City Council on the discontinuance of municipal water and/or sewer service. The City Council will then decide whether service shall be discontinued. Section 5. Notwithstanding Section 2 above and consistent with state law, the City has the power and authority to provide municipal water and /or sewer service to property outside the corporate City boundaries in instances where an emergency is declared by the City Council and it makes a policy determination in a specific instance that it is in the interests of the City to provide these services. (As amended by Ordinance 2459, July 30, 2009) Passed by the Council July 10, 2006 and approved by the Mayor July 12, 2006. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2416 PAGE 1 ORDINANCE NO. 2416 AN ORDINANCE PROVIDING A PROCESS FOR THE FORCED CONVERSION OF ELECTRIC AND COMMUNICATION FACILITIES UNDER THE AUTHORITY DELEGATED BY THE STATE OF OREGON [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. Whenever in this Ordinance the words or phrases defined in this Ordinance are used, they shall have the respective meanings assigned to them in the following definitions: A. “Commission” means the Public Utility Commission of the State of Oregon. B. “Underground utility district” or “district” means that area in the City within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of this Ordinance. C. “Person” means and includes individuals, firms, corporations, and partnerships, and their agents and employees. D. “Poles, overhead wires, and associated overhead structures” mean poles, towers, supports, wires, conductors, guys, stubs, platforms, cross arms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located aboveground within a district and used or useful in supplying electric, communication, or similar or associated service. E. “Utility” or “utilities” mean all energy utilities and large telecommunications utilities as defined by OAR [PHONE REDACTED]. Section 2. Public Hearing. The City Council may from time to time call public hearings to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires, and associated overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The City Administrator shall notify all affected property owners, as shown on the last equalized assessment roll, and the involved utilities, by mail of the date, time, and place of such hearings at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2416 PAGE 2 Section 3. Designation of Underground Utility Districts by Resolution. If, after any such public hearing, the City Council finds that the public necessity, health, safety, or welfare requires such removal and such underground installation within a designated area, the City Council may, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the date by which such removal and underground installation shall be accomplished and within which affected property owners shall be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials, and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. The decision of the City Council as set forth in the resolution shall be final and conclusive. Section 4. Unlawful Acts. Whenever the City Council creates an underground utility district and orders the removal of poles, overhead wires, and associated overhead structures therein as provided in this Ordinance, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ, or operate poles, overhead wires, and associated overhead structures in the district after the date when such overhead facilities are required to be removed by such resolution, except as such overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in this Ordinance. Section 5. Emergency or Unusual Circumstances. Notwithstanding the provisions of this Ordinance, overhead facilities may be installed and maintained for a period, not to exceed 10 days, without authority of the City Administrator, in order to provide utilities in the event of an emergency or unusual circumstances. The City Administrator may, under such emergency or unusual circumstances, extend or grant special permission, on such terms as the City Administrator may deem appropriate, without discrimination as to any person or utility, to erect, construct, install, maintain, use, or operate poles, overhead wires, and associated overhead structures on a temporary or permanent basis. Any such decisions by the City Administrator shall be subject to appeal to the City Council by filing a written notice of appeal with the office of the City Administrator within 10 days after the City Administrator's decision is mailed. Section 6. Exceptions. The provisions of this Ordinance and any resolution adopted pursuant to the provisions of this Ordinance shall, unless otherwise provided in such resolution, not apply to the following types of facilities: A. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Administrator; B. Poles or fixtures and other appurtenances used exclusively for street lighting; ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2416 PAGE 3 C. Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, where such wires originate in an area from which poles, overhead wires, and associated overhead structures are not prohibited; D. Poles, overhead wires, and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 35,000 volts; E. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street; F. Antennae, associated equipment, and supporting structures used by a utility for furnishing communication services; G. Equipment appurtenant to underground facilities, such as pad mounted switches, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts; and H. Temporary poles, overhead wires, and associated overhead structures used or to be used in conjunction with construction projects. Section 7. Notices to Property Owners and Utilities. Within 10 days after the effective date of a resolution adopted pursuant to this Ordinance, the City Administrator shall notify all affected utilities and all persons owning real property within the district created by such resolution of the adoption thereof. The City Administrator shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission. Notification by the City Administrator shall be made by mailing a copy of the resolution adopted pursuant to this Ordinance to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. Section 8. Responsibility of Utility Companies. If utility poles, overhead wires, and associated overhead structures must be removed and replaced with underground facilities and equipment in order to continue utility service within a district created by any resolution adopted pursuant to this Ordinance, the supplying utility shall, at its cost, perform such conversion in accordance with its applicable rules, regulations, and tariffs on file with the Commission. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2416 PAGE 4 Section 9. Responsibility of Property Owners. A. Every person owning, operating, leasing, occupying, or renting a building or structures within a district shall perform construction and provide that portion of the service connection on their property between the facilities referred to in this Ordinance and the termination facility on or within such building or structure being served, all in accordance with the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission. B. In the event any person owning, operating, leasing, occupying, or renting such property does not comply with the provisions of this Ordinance within the time provided for in the resolution enacted pursuant to this Ordinance, the City Administrator shall post written notice on the property being served and thirty days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to such property. A decision by the City Administrator to order the disconnection and removal of overhead service shall be subject to appeal to the City Council by filing a written notice of appeal with the office of the City Administrator within ten days of the posting of such written notice. Section 10. Responsibility of City. The City shall remove, at its own expense, all City- owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to this Ordinance. Section 11. Penalties. A. Abatement. Any use or structure established, operated, erected, moved, altered, enlarged, painted, or maintained contrary to this Ordinance is unlawful and a public nuisance, and may be abated. B. Civil Proceeding Initiated by City Attorney. The City Attorney, after obtaining authorization from the City Council, may initiate a civil proceeding on behalf of the City to enforce the provisions of this Ordinance. This civil proceeding may include, but is not limited to, injunction, mandamus, abatement, or other appropriate proceedings. C. Civil Infraction. In addition to, and not in lieu of any other enforcement mechanisms, a violation of any provision of this Ordinance constitutes a Class 1 Civil Infraction which shall be processed according to the procedures contained in the Woodburn Civil Infraction ordinance. D. Separate Infractions. Each violation of this Ordinance constitutes a separate Civil Infraction, and each day that a violation of this Ordinance is committed or permitted to continue shall constitute a separate Civil Infraction. E. Remedies – Cumulative. The remedies provided for in this Section are cumulative and not mutually exclusive. Section 12. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2416 PAGE 5 validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases be declared invalid. Passed by the Council July 10, 2006 and approved by the Mayor March 12, 2007. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2438 PAGE ORDINANCE NO. 2438 AN ORDINANCE IMPOSING TRANSPORTATION SYSTEM DEVELOPMENT CHARGES BASED UPON AN ESTABLISHED METHODOLOGY; PROVIDING PROCESSES FOR ALTERNATIVE CALCULATIONS; AND REQUIRING THAT FUNDS BE ACCOUNTED FOR AND USED PURSUANT TO STATE LAW; AND REPEALING ORDINANCE 2248 [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. General Findings. The City Council makes the following General Findings regarding Transportation SDCs. A. Development within the City contributes to the need for capacity increases for roads, multi-modal transportation and related transportation improvements. B. Development should pay its fair share for the cost of these improvements and additions to transportation facilities necessary to accommodate the capacity needs created by growth. C. ORS 223.297 et. seq. grants to the City the authority to impose Transportation SDCs to equitably spread the costs of essential capacity increasing Capital Improvements. D. Transportation SDCs are incurred upon application to develop property for a specific use or at a specific density and are collected by the City when a building permit is issued. The decision regarding uses, densities, and/or intensities causes direct and proportional changes in the amount of the incurred charge. E. Transportation SDCs are separate from other fees provided by law or imposed as a condition of development. F. Transportation SDCs are fees for service because they contemplate a development's receipt of transportation services based upon the nature of that development. G. Transportation SDCs are imposed by this Ordinance not as a tax on property or on a property owner as a direct consequence of ownership of property within the meaning of Article XI, Section 11b of the Oregon Constitution or legislation implementing that section. Section 2. Findings for Interchange Management Area portion of SDCs. The City Council makes the following Findings regarding the Interchange Management Area ("IMA") portion of SDCs: A. The City maintains a Transportation SDC structure that includes a citywide SDC and an overlay SDC for developments located in the IMA overlay area. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2438 PAGE B. The area-specific SDC for the IMA overlay was established in 2008 under the authority of ORS 223.297 – 223.314 for purposes of accounting for the costs and benefits associated with the Woodburn Interchange and Transit Facility Project. C. The City Council finds that developing properties within the IMA boundary create a greater impact on the Woodburn interchange than similarly zoned developing properties located in the City but outside of the IMA boundary. D. The City Council finds that developing properties within the IMA boundary receive greater benefit by an improved Woodburn interchange than similarly zoned developing properties located in the City but outside of the IMA boundary. [Section 2 as amended by Ordinance 2601, passed April 25, 2022.] Section 3 Definitions. The following definitions apply: A. APPLICANT. A person seeking to obtain a Building Permit or to develop property within the City. B. BUILDING. Any structure, either temporary or permanent, built for the support, shelter or enclosure of persons, chattels or property of any kind. This term shall include tents, trailers, mobile homes or any vehicles serving in any way the function of a building. This term shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a Building Permit. C. BUILDING PERMIT. A permit issued by the Building Department for the construction, alteration, repair or placement of any Building under the state building code. D. CAPITAL IMPROVEMENT PLAN. A plan prepared by the City pursuant to ORS 223.309. E. CAPITAL IMPROVEMENTS. Public facilities or assets used for transportation. F. CITY. The City of Woodburn, Oregon. G. CREDIT. The amount of money by which the charge for a specific development may be reduced because of construction of eligible capital facilities as outlined in this Ordinance. H. DEVELOPMENT. Any man-made change to improved or unimproved real estate which has the effect of generating additional weekday or weekend trips. I. DIRECTOR. The Woodburn Public Works Director or designee. J. DWELLING UNIT. A Building or a portion of a Building designed for residential occupancy, consisting of one or more rooms which are arranged, designed or used as living quarters for one family only. K. IMPROVEMENT FEE. A fee for costs associated with Capital Improvements to be constructed after the date the fee is adopted pursuant to this Ordinance. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2438 PAGE L. INTERESTED PERSON. Any person who is a legal resident of the City of Woodburn as evidenced by registration as a voter in the City, or by other proof of residency; or a person who owns, occupies, or otherwise has an interest in real property which is located within the city limits or is otherwise subject to the imposition of charges under this Ordinance. M. OWNER. The owner or owners of record title or the purchaser or purchasers under a recorded land sale agreement. N. PERSON. Any natural person, firm, partnership, association or corporation. O. QUALIFIED PUBLIC IMPROVEMENT. A Capital Improvement that is: 1. Required as a condition of development approval; 2. Identified in the Capital Improvement Plan and is either: a. Not located on or contiguous to property that is the subject of development approval; or b. 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. P. REIMBURSEMENT FEE. A fee for costs associated with Capital Improvements already constructed or under construction when the fee is adopted pursuant to this Ordinance for which the City determines that capacity exists. Q. TRANSPORTATION SYSTEM DEVELOPMENT CHARGE ("Transportation SDC") or SYSTEM DEVELOPMENT CHARGE A reimbursement fee, an improvement fee or a combination thereof assessed or collected at the time of increased usage of a capital improvement or issuance of a development permit, building permit or connection to the capital improvement. System Development Charges are separate from and in addition to any applicable tax, assessment, fee in lieu of assessment, or other fee or charge provided by law or imposed as a condition of development." [Section 3 as amended by Ordinance 2601, passed April 25, 2022.] Section 4. Imposition of Transportation System Development Charges. A. Unless otherwise exempted by this Ordinance or state law, a Transportation SDC is hereby imposed on all Development within the City. B. Unless otherwise exempted by this Ordinance or State law, an IMA SDC is hereby imposed on all Development within the City located within the IMA boundary. The IMA boundary is depicted on Exhibit B, which is attached to this Ordinance and incorporated. [Section 4 as amended by Ordinance 2601, passed April 25, 2022.] ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2438 PAGE Section 5. Methodology. A. The methodology used to calculate Transportation System Development Charges and the IMA System Development Charge is set forth in the "Transportation System Development Charge Study" (the "Methodology") dated April 2022, which is attached hereto as Exhibit and incorporated herein by reference. [Section 5 as amended by Ordinance 2601, passed April 25, 2022.] Section 6. System Development Charge Rate Schedule. A. A Rate Schedule for City-Wide Transportation System Development Charges, including the IMA System Development Charge, shall be adopted by resolution based on the Methodology attached as Exhibit B. The Rate Schedule may on January 1st of each year, after the first year that the resolution adopting it is effective, be adjusted by the Director to account for changes in the costs of acquiring and constructing facilities. The adjustment factor shall be based on the change in construction costs according to the Engineering News Record (ENR) Northwest (Seattle, Washington) Construction Cost Index. [Section 6 as amended by Ordinance 2601, passed April 25, 2022.] Section 7. Collection. A. System Development Charges are due and payable at the time that the City issues the Building Permit unless charges are financed pursuant to a City approved installment or deferral program. (Section 7 as amended by Ordinance 2457 passed June 22, 2009.) Section 8. Exemptions. A. The following development is exempt from System Development Charges: 1. Remodeling or replacement of any single family structure, including mobile homes. 2. Multifamily structure remodeling or replacement if no additional Dwelling Units are added. 3. Remodeling or replacement of office, business and commercial, industrial or institutional structures if such remodeling or replacement does not result in additional peak hour trips. Section 9. Credits for Qualified Public Improvements. A. The City shall grant a credit, not to exceed 100% of the applicable System Development Charges for the construction of any Qualified Public Improvements. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2438 PAGE B. Prior to issuance of a Building Permit, the Applicant shall submit to the Director a proposed plan and estimate of cost for contributions of Qualified Public Improvements. The proposed plan and estimate shall include: 1. A designation of the Development for which the proposed plan is being submitted. 2. A list of the contemplated Capital Improvements contained within the plan; 3. An estimate of proposed construction costs certified by a professional architect or engineer; and 4. A proposed time schedule for completion of the proposed plan. C. The Director shall determine if the proposed Qualified Public Improvement is: 1. Required as a condition of development approval; 2. Identified in the Capital Improvement Plan and is either: a. Not located on or contiguous to property that is the subject of development approval; or b. 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 D. The decision of the Director as to whether to accept the proposed plan of contribution and the value of such contribution shall be in writing and issued by the Director within 30 days after the Applicant submits the proposed plan. E. Any Applicant who submits a proposed plan pursuant to this Section and desires the immediate issuance of a Building Permit, shall pay the applicable System Development Charges. Said payment shall be deemed paid under “protest” and shall not be construed as a waiver of any review rights. Any difference between the amount paid and the amount due, as determined by the Director, shall be refunded to the Applicant. In no event shall a refund by City under this subsection exceed the amount originally paid by the Applicant. Section 10. Alternative Calculation for SDC Rate, Credit or Exemption. A. Pursuant to this Ordinance, an Applicant may request an alternative SDC calculation, alternative SDC credit determination or alternative SDC exemption, but only under the following circumstances: ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2438 PAGE 1. The Applicant believes the number of vehicle trips resulting from the development is, or will be, less than the number of trips established in the Methodology, and for that reason the Applicant's SDC should be lower than that calculated by the City. 2. The Applicant believes the City improperly excluded from consideration a Qualified Public Improvement that would qualify for credit, or the City accepted for credit a Qualified Public Improvement, but undervalued that improvement and therefore undervalued the credit. 3. The Applicant believes the City improperly rejected a request for an exemption for which the Applicant believes it is eligible. 4. In the event an Applicant submits a request to the City for an alternative SDC calculation, alternative SDC credit determination, or alternative SDC exemption, it must submit its request accompanied by the Alternative Calculation Fee established by resolution for this purposes. The City may hire a consultant to review the Applicant's request and may pay the consulting fees from SDC revenue. [Section10 as amended by Ordinance 2601, passed April 25, 2022.] B. Alternative SDC Rate Request: 1. If an Applicant believes the number of trips resulting from the Development is less than the number of trips established in the Methodology, the Applicant must request an alternative SDC rate calculation, under this Section, within 90 days after Building Permit issuance for the Development. The City shall not consider such a request filed after 90 days after Building Permit issuance for the Development. Upon the timely request for an alternative SDC rate calculation, the Director shall review the Applicant's calculations and supporting evidence and make a determination within 30 days of submittal as to whether the Applicant's request satisfies the requirements of this Section. 2. In support of the Alternative SDC rate request, the Applicant must provide complete and detailed documentation, including verifiable trip generation data, analyzed and certified to by a Professional Traffic Engineer. The Applicant's supporting documentation must rely upon generally accepted sampling methods, sources of information, cost analysis, traffic and growth projections and techniques of analysis as a means of supporting the proposed alternative SDC rate. The proposed Alternative SDC Rate calculation shall include an explanation by a registered engineer explaining with particularity why the rate established in the City methodology does not accurately reflect the Development's impact on the City's Capital Improvements 3. The Director shall apply the Alternative SDC Rate if, in the Director's opinion, the following are found: a. The evidence and assumptions underlying the Alternative SDC Rate are reasonable, correct and credible and were gathered and analyzed by a suitable, competent professional in compliance with generally accepted engineering principles and methodologies and consistent with this Section, and b. The calculation of the proposed Alternative SDC rate was by ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2438 PAGE a generally accepted methodology, and c. The proposed alternative SDC rate better or more realistically reflects the actual traffic impact of the Development than the rate set forth in the Methodology. 4. If, in the Director's opinion, all of the above criteria are not met, the Director shall provide to the Applicant by certified mail, return receipt requested, a written decision explaining the basis for rejecting the proposed alternative SDC rate. C. Alternative SDC Credit Request: 1. If an Applicant has requested an SDC Credit and that request has either been denied by the City or approved but at a lower value than desired, the Applicant may request an Alternative SDC Credit calculation, under this Section. Any request for an Alternative SDC Credit calculation must be filed with the Director in writing within 10 calendar days of the written decision on the initial credit request. The City shall not consider such a request filed after 10 calendar days of the written decision on the initial credit request. Upon the timely request for an Alternative SDC Credit calculation, the Director shall review the Applicant's calculations and supporting evidence and make a determination within 30 days of submittal as to whether the Applicant's request satisfies the requirements of this Section. 2. In support of the Alternative SDC credit request, the Applicant must provide complete and detailed documentation, including appraisals, cost analysis or other estimates of value, analyzed and certified to by an appropriate professional, for the improvements for which the Applicant is seeking credit. The Applicant's supporting documentation must rely upon generally accepted sources of information, cost analysis and techniques of analysis as a means of supporting the proposed Alternative SDC credit. 3. The Director shall grant the Alternative SDC Credit if, in the Director's opinion, the following are found: a. The improvement(s) for which the SDC Credit is sought are Qualified Public Improvement(s), and b. The evidence and assumptions underlying the Applicant's Alternative SDC Credit request are reasonable, correct and credible and were gathered and analyzed by an appropriate, competent professional in compliance with generally accepted principles and methodologies, and c. The proposed alternative SDC Credit is based on realistic, credible valuation or benefit analysis. 4. If, in the Director's opinion, any one or more of the above criteria is not met, the Director shall deny the request and provide to the Applicant by certified mail, return receipt requested, a written decision explaining the basis for rejecting the Alternative SDC Credit proposal. D. Alternative SDC Exemption Request: ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2438 PAGE 10 1. If an Applicant has requested a full or partial exemption under this Ordinance, and that request has been denied, the Applicant may request an Alternative SDC Exemption under this Section. Any request for an Alternative SDC Exemption calculation must be filed with the Director in writing within 10 calendar days of the written decision on the initial credit request. The City shall not consider such a request filed after 10 calendar days of the written decision on the initial credit request. Upon the timely request for an Alternative SDC Exemption, the Director shall review the Applicant's request and supporting evidence and make a determination within 30 days of submittal as to whether the Applicant's request satisfies the requirements under this Ordinance for exemptions. 2. In support of the Alternative SDC Exemption request, the Applicant must provide complete and detailed documentation demonstrating that the Applicant is entitled to one of the exemptions described in this Ordinance. 3. The Director shall grant the exemption if, in the Director's opinion, the Applicant has demonstrated with credible, relevant evidence that it meets the pertinent criteria. 4. If, in the Director's opinion, any one or more of the above criteria is not met, the Director shall deny the request and provide to the Applicant by certified mail, return receipt requested, a written decision explaining the basis for rejecting the Alternative SDC Exemption proposal. Section 11. Review of Methodology and Rates. A. This Ordinance and the Methodology shall be reviewed at least once every five years. The purpose of this review is to evaluate and revise, if necessary, the rates of the System Development Charges to assure that they do not exceed the reasonably anticipated costs of the City's Capital Improvements. Section 12. Authorized Expenditure of System Development Charges. A. Reimbursement fees may be spent only on capital improvements associated with the systems for which the fees are assessed including expenditures relating to repayment of indebtedness. B. Improvement fees may be spent only on capacity increasing capital improvements, including expenditures relating to repayment of debt for such improvements. An increase in system capacity may be established if a capital improvement increases the level of performance or service provided by existing facilities or provides new facilities. The portion of the improvements funded by improvement fees must be related to the need for increased capacity to provide service for future users. C. System development charges may not be expended for costs associated with the construction of administrative office facilities that are more than an incidental part of other capital improvements or for the expenses of the operation or maintenance of the facilities constructed with system development charge revenues. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2438 PAGE 10 D. Any capital improvement being funded wholly or in part with system development charge revenues must be included in the Capital Improvement Plan. E. System Development Charge revenues may be expended on the costs of complying with the provisions of ORS 223.297-223.314, including the costs of developing system development charge methodologies and providing an annual accounting of system development charge expenditures. Section 13. Deposit of System Development Charge Revenues; Annual Accounting. A. System development charge revenues must be deposited in accounts designated for such moneys. The City shall provide an annual accounting, to be completed by January 1 of each year, for system development charges showing the total amount of system development charge revenues collected for each system and the projects that were funded in the previous fiscal year. B. The annual accounting shall include: 1. A list of the amount spent on each project funded, in whole or in part, with system development charge revenues; and 2. The amount of revenue collected by the local government from system development charges and attributed to the costs of complying with the provisions of ORS 223.297-223.314, as described in ORS 223.307. Section 14. Challenge of Expenditures. In accordance with ORS 223.302, any interested person may challenge an expenditure of SDC revenues. A. Such challenge shall be submitted, in writing, to the Director for review within two years following the subject expenditure, and shall include the following information: 1. The name and address of the interested person challenging the expenditure; 2. The amount of the expenditure, the project, payee or purpose, and the approximate date on which it was made; and 3. The reason why the expenditure is being challenged. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION UTILITIES ORDINANCE NO. 2438 PAGE 11 B. If the Director determines that the expenditure was not made in accordance with the provisions of this Ordinance and other relevant laws, a reimbursement of System Development Charges trust account revenues from other revenue sources shall be made within one year following the determination that the expenditures were not appropriate. C. The Director shall make written notification of the results of the expenditure review to the interested person who requested the review with ten (10) days of completion of the review. Section 15. Institution of Legal Proceedings. The City Attorney, acting in the name of the City, may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this Ordinance as an additional remedy. Section 16. Exclusive Review in Marion County Circuit Court. All determinations made under this Ordinance shall be final and subject only to Writ of Review in the Marion County Circuit Court pursuant to ORS Chapter 34. Section 17. Effect on Monies Previously Collected. The provisions of this Ordinance do not apply to System Development Charges collected prior to its effective date. SDCs previously collected shall be governed by the law in effect at the time of collection. Section 18. Severability. If any clause, section, or provision of this Ordinance shall be declared unconstitutional or invalid for any reason or cause, the remaining portion shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporate herein. Section 19. Repeal. Ordinance 2248 is hereby repealed. Passed by the Council April 28, 2008 and approved by the Mayor April 30, 2008. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1084 PAGE 1 ORDINANCE NO 1084 AN ORDINANCE RELATING TO DISPOSAL OF SEWAGE, WASTE, AND FILTH; THE DRAINING OF ROOF WATER AND CRAWL SPACE; REQUIRING SEWER CONNECTIONS; DECLARING CERTAIN DEPOSITORIES OF WASTE AND FILTH TO BE NUISANCES; PROVIDING FOR ABATEMENT THEREOF AND PROVIDING FOR THE ASSESSMENT AND COLLECTION OF THE COST OF ABATING SUCH NUISANCES; REPEALING ORDINANCES NO. 776, 963, AND 971; AND PRESCRIBING PENALTIES. THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN: Section 1. That no privy vault or cesspool will be permitted within the city of Woodburn and the owner, owners, renters, or occupants of property upon which is located a privy vault or cesspool shall cease to deposit or cause to be deposited or permit to be deposited therein sewage. waste, or other drainage matter. Section 2. That the owner or owners of property within the corporate limits of the city of Woodburn, which property is used by human beings for residential, educational, religious, business, industrial, or other purposes and is within 100 feet of a city sewer declared by the common council of the city of Woodburn to be a sanitary sewer adequate for the disposal of raw sewage, will cause the property to be connected to said sewer at the expense of the owner or owners of said property and that all raw sewage, wastes, and drainage matter shall be deposited directly into the city sewer, except as otherwise provided herein. Section 3. That no person shall cause or permit any of the following to flow into, or to be disposed of in, the sanitary sewer system of the city of Woodburn. Temporary or permanent drainage of excavations. Drainage from roofs, storm sewers, or storm drains. Greases, oils, or sludge from service stations, garages, repair shops, machine shops, cleaning establishments, or other industries or establishments. Explosives, volatile or inflammable liquids and gases. Acids, alkalis, or other corrosive liquids or substances of sufficient strength to damage sewers, manholes, pumping stations, or treatment plant equipment. Paints or waste products from paint manufacture. Cannery or industrial wastes other than as specified in Subsection (17) of this section. Any substance which will form deposits or obstructions in the sewer system, or which, when mixed with sewage, will precipitate materials causing deposits in sewer lines. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1084 PAGE 2 Ashes, cinders, sand, earth, coal, rubbish or metals of any kind. (10) Live steam, exhaust steam or water having a temperature above 140o (11) Cull fruits or vegetables, or pits or seeds from peaches, apricots, cherries, prunes, pumpkins, squash, or nuts of any kind, unless properly processed through a properly constructed and installed garbage disposal unit. (12) Stable or barn manure. (13) Effluent from septic tanks or dry wells. (14) Offal from slaughter houses. (15) Dead animals, or fowl or fish. (16) Sulphate or sulphite liquor. (17) Effluent waste water from food processing plants, unless it has been passed through a 20-mesh screen prior to entry into the sewer system. Section 4. Grease, oil and sand traps and settling basins shall be provided by property owners in connection with sewer inlets when, in the opinion of the city engineer, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, flammable wastes, sand or other harmful ingredients, except that such traps and settling basins shall not be required for private living quarters or dwelling units. All such traps and settling basins shall be of a type and capacity approved by the city engineer and shall be so located as to be readily and easily accessible for cleaning and inspection. Grease and oil traps shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight. Where installed, all grease, oil and sand traps and settling basins shall be maintained by the owner, at his expense, in continuously efficient operation. [Section 4 added by Ordinance No. 1347, passed February 26, 1973.] Section 5. That all construction, reconstruction, remodeling and repair commenced after the effective date of this ordinance shall comply with the following: All crawl spaces provided in connection with buildings or building types shall be leveled and graded to a drain inlet, from where positive drainage shall be secured at all times. The drain inlet shall be protected by a gravel bed or a catch basin with corrosion-resistant screening 4 mesh per inch, applied over tile end. Drain lines from this area to the storm sewer, gutter, ditch or other permanent adequate outfall shall consist of cast iron, vitrified clay, concrete, cement, asbestos or bituminized fibre, sealed joint type of adequate size but not less than four inched in diameter, laid with a slope of not less than ¼ inch per foot. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1084 PAGE 3 All downspouts shall be connected to underground drain lines extended to the storm sewer, street gutter, ditch or other permanent adequate outfall. Drain lines shall be of cast iron, vitrified clay, concrete, cements asbestos or bituminized fibre, sealed joint pipe of adequate size, but not less than three inches in diameter, laid with a slope of not less than ¼ inch per foot. All pipe shall be laid on a good firm foundation with ends abutting and true to a line and grade. Backfilling in trenches shall be carefully deposited and solidly tamped to avoid settlement. When sheet metal downspouts are connected to underground drain lines, such drain lines shall extend above the finish grade and the joint between downspout and drain line shall be sealed. Drain lines from downspouts may be interconnected or connected to the drain line from the crawl space. The point of connection between downspout drain line and crawl space drain line shall be at least 10 feet from the dwelling and at least six inches below the drain inlet in the crawl space. Connection of drain lines shall be made with proper fittings. The outfall of drain lines on the lot or in easements established for drainage purposes shall terminate in a gravel bed or trench. In all cases where gutters and downspouts are installed, a sealed drainage line from each downspout to a dry well located at least 10 feet from the building shall be the minimum requirement. Section 6. Civil Infraction Assessment. A violation of any provision of this ordinance constitutes a class 1 civil infraction and shall be dealt with according to the procedures established by Ordinance 1998. [Section 6 as amended by Ordinance 2008, passed October 24, 1988.] Section 7. In addition to the penalty provisions of this ordinance, the procedures of Ordinance No. 1616 may be followed to abate and to secure the cost of the abatement of a public nuisance under this ordinance. [Section 7 as amended by Ordinance No. 1612, passed June 5, 1978.] Section 8. That if any person shall be aggrieved by the notice of the marshal, he may take an appeal to the city council within 24 hours notice from the receipt of such notice, and, upon 24 hours notice, a hearing will be held and a decision rendered forthwith thereon. Section 9. That if any clause, sentence, section or portion of this ordinance shall for any reason be adjudged invalid by a court of competent jurisdiction, such adjudication shall not affect, impair or invalidate any other provisions of this ordinance, but shall be confined in its operation to the controversy directly involved in such adjudication. ---PAGE BREAK--- ORDINANCE NO. 1084 PAGE 4 WOODBURN ORDINANCE COMPILATION SANITATION Section 10. That Ordinances No. 776. 963 and 971 be, and they thereby are, repealed and that Ordinances No. 942 and 956 are not revived by the repealing of Ordinance No. 963. [Sections No. 4 - 10 renumbered by Ordinance No. 1347, passed February 26, 1973.] Passed by the council and approved by the mayor December 3, 1963. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1678 PAGE 1 ORDINANCE NO. 1678 AN ORDINANCE PROVIDING FOR SANITARY SEWER CONNECTION FEES IN THE CITY OF WOODBURN, REPEALING ORDINANCE NO. 1354; AND DECLARING AN EMERGENCY. The people of the City of Woodburn do ordain: Section 1. Sewer Connection Required. That the owner of any residence, building, structure dwelling or other thing discharging sewage within the City of Woodburn shall initiate connection of such residence, building, structure, dwelling or thing to the sanitary sewer system of the City of Woodburn by written application to the City. Section 2. Connection Fees. That upon submission of such application, each applicant shall pay to the City of Woodburn, in addition to the regular surcharge and actual construction costs of connection, a connection fee (capacity fee) in the amount specified herein as follows: For single-family dwellings, manufactured dwelling units, the amount specified in Schedule A hereunder. For apartments and other multiple-family dwellings, the amount specified in Schedule A for first unit and Schedule B for each additional unit in excess of one. For motel, hotel, and R.V. park units, the amount specified in Schedule A for the first unit and Schedule D. for each additional unit in excess of one. Laundry facilities will be charged at Schedule C for each machine in addition to the above. All others, except those provided for under Section 3 of this ordinance, the amount specified in Schedule A, plus the amount specified in Schedule C, for each toilet facility in excess of two toilet facilities shall be paid. Each laundry machine shall be considered as one toilet facility and charged as specified in Schedule C. Schedules: Schedule A Schedule B Schedule C Schedule D $1,000.00 $ 750.00 $ 500.00 $ 410.00 All existing structures constructed prior to May 1977, and remaining on the same site to which City was unable to provide a connection shall be charged at one- half the rate outlined above. All existing structures constructed prior to May 1977, and remaining on the same site to which City was unable to provide a connection shall be charged at one- half the rate outlined above. [Section 2 as amended by Ordinance 1972, passed April 13, 1987.] ---PAGE BREAK--- ORDINANCE NO. 1678 PAGE 2 WOODBURN ORDINANCE COMPILATION SANITATION Section 3. Excessive Demand on Sewer System. That the provisions of Section 2 herein shall not apply to a particular residence, building, structure or thing when it is determined by the City that such residence, building, structure or thing is of a nature that by its ordinary usage it may place a demand exceeding 1,000 gallons of sewage flow per day, 800 milligrams per litre suspended solids sewage concentration, or 800 milligrams per litre BOD sewage concentration the connection fee shall be determined according to the following formula: C = $1.46F + $1.69BOD +$1.49SS Where: C = connection F = gallons of average sewage flow per day for peak month. SS = suspended solids concentration in milligrams per litre, average value for peak month. BOD = biochemical oxygen demand in milligrams per litre, average value for peak month. In no case shall the fee charged be less than $1,000. When it is determined by the City that a residence, building, structure or thing is of a nature that by its ordinary usage it may place an unusually heavy demand on the municipal sanitary sewer system through the discharge of pollutants other than flow, BOD, or suspended solids, the City shall determine a fee based upon the excessive pollutant or pollutants discharged, and said fee shall be payable as in Section 2 herein. Section 4. Disposition of Funds. That all money collected pursuant to the provisions of this ordinance shall be deposited in and credited to a fund to be used for the purpose of paying the costs of expanding the capacity of municipal sewage collection and treatment system, its maintenance facilities and engineering costs. The first priority for expenditure of these funds will be for retirement of capital improvement bonds' principal and interest. Section 5. Repeal. That Ordinance No. 1354 is hereby repealed and Ordinances 1140 and 1239 are not revived. Section 6. [Emergency clause.] Passed by the Council August 13, 1979, and approved by the Mayor August 14, 1979. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1692 PAGE 1 ORDINANCE NO. 1692 AN ORDINANCE PROVIDING FOR AN INDUSTRIAL COST RECOVERY SYSTEM FOR FEDERAL CONSTRUCTION GRANTS FOR SEWERAGE AND SEWAGE TREATMENT WORKS, RATES AND CHARGES FOR SAME; THE ADMINISTRATION THEREOF; REPEALING ORDINANCE NO. 1690; AND DECLARING AN EMERGENCY. THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN: Section 1. Industrial Cost Recovery System Established. An industrial cost recovery system is hereby established to recover from industrial sewer users those portions of construction grants provided under Public Law 92-500, present or future, which are allocable to such users. Section 2. Applicability of Provisions. Industrial cost recovery provisions shall apply only to any nongovernmental, non-residential user of publicly owned treatment works which discharges more than the equivalent of 25,000 gallons per day of sanitary wastes and which is identified in the "Standard Industrial Classification Manual," 1972, Office of Management and Budget, as amended and supplemented, under one of the following divisions: Division A. Agricultural, Forestry and Fishing. Division B. Mining. Division D. Manufacturing. Division E. Transportation, Communications, Electric, Gas and Sanitary Services. Division I. Services. Section 3. Recovery Period. The industrial cost recovery period shall be equal to 30 years, or the design useful life of the treatment works, whichever is the lesser. Section 4. User's Share of Cost. An industrial user's share shall include only that portion of grant assistance allocable to its use or to capacity firmly committed for its use. Section 5. Letters of Intent. Any significant industrial users responsible for more than 10 percent of design flow, or of design pollutant loading of the treatment works shall be required to sign letters of intent stating that the user will pay that portion of the grant amount allocable to the treatment of its wastes. Section 6. Criteria for Share Determination. An industrial user's share shall be based on those factors significantly influencing the cost of the treatment works, such as volume or rate of flow, strength or concentration of waste loading, or any other load factor including those unique to such user. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1692 PAGE 2 Section 7. Schedule of Payments. Each user shall be required to pay his industrial cost recovery payments at regular intervals, not exceeding six months apart, with first payment to be made within six months after the user first begins use of the treatment works, or has been determined to be subject to the industrial cost recovery program. Section 8. Collection and Disbursement of Funds. Allocation of users' shares and the collection and disbursement or distribution of industrial cost recovery funds shall be in accordance with the rules and regulations of the Environmental Protection Agency, or successor, as administrator of the construction grants program. Section 9. Measurement and Sampling. To evaluate and monitor effluent loadings, the city may require the installation by users of measurement and sampling equipment at the user's expense, for which user shall provide reasonable access to the City Engineer, or his designate, during hours of operation for the purpose of inspecting and monitoring such measurement and sampling. Section 10. Administration of System. The City Engineer shall be charged with administration of the industrial cost recovery system, including allocation of recovery charges. Section 11. Delinquency Liens. Any industrial cost recovery charges remaining unpaid for 60 days after the due date shall be entered on the City Lien Docket and shall be recovered as any other city lien, as provided in the City Charter. Section 12. Severability. If any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgement shall not affect, impair, or invalidate any of the remainder of this ordinance. Section 13. Repeal. That Ordinance No. 1690 of the City of Woodburn is hereby repealed. Section 14. [Emergency clause.] Passed by the Council December 17, 1979, and approved by the Mayor December 18, 1979. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1790 PAGE 1 ORDINANCE NO. 1790 AN ORDINANCE REGULATING THE DISCHARGE OF WASTES TO THE SANITARY AND STORM SEWER SYSTEMS OF THE CITY, LIMITING SUCH DISCHARGES ONLY TO THOSE OF ACCEPTABLE TYPES, CHARACTERISTICS, OR CONCENTRATIONS, ESTABLISHING A SYSTEM OF WASTE DISCHARGE PERMITS, PROVIDING FOR ENFORCEMENT. THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN: Section 1. Declaration of Policy. It is the policy of the City of Woodburn to provide adequate sewerage facilities for the transportation, treatment and disposal of wastes from within the City and to operate the sewerage systems in a manner which protects public health and the environment. In carrying out this policy, the objectives of this ordinance are: Preclude pollutants from entering the sewerage systems which will interfere with normal operations or contaminate the resulting sludge or effluent; Preclude the introduction of pollutants into the sewerage systems which may not be adequately treated and may pass through into the environment; To enhance the opportunity for recycling and reclamation of wastewater and sludge. It is the intent of the City to provide needed sewerage services to industry while meeting the outlined objectives. This ordinance provides the structure under which the service will be provided for industrial waste so that the systems are protected and can continue to provide efficiently for the waste treatment and disposal [needs] of the City. Section 2. Definitions. Biochemical Oxygen Demand (BOD). The words "biochemical oxygen demand," or abbreviation thereof as "BOD," shall mean the quantity of oxygen required in the biochemical oxidation of organic matter. Branch Sewer. The words "branch sewer" shall mean a conduit extending from the plumbing or drainage system of a building or buildings to and connecting with a public or private sanitary or storm sewer, within a street right-of-way. Categorical Pretreatment Standards. National pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a public sewer system by specific industrial dischargers. City Engineer. The term "City Engineer" shall mean the City Engineer of the City of Woodburn, Oregon, or his duly authorized deputy or agent. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1790 PAGE 2 City or City of Woodburn. The words "City" or "City of Woodburn" shall mean the municipality of Woodburn, Oregon, a municipal corporation of the State of Oregon, acting through its Common Council or any board, committee, body, official or person to whom the Council shall have lawfully delegated the power to act for, or on behalf of, the City. Unless a particular board, committee, body, official or person is specifically designated in these rules and regulations, wherever action by City is explicitly required or implied herein, it shall be understood to mean action by the City Engineer of Woodburn, Oregon or his duly authorized deputy or agent. Combined Sewer. The words "combined sewer" or "combined sewer system" shall mean a conduit or system of conduits in which both wastewater and stormwater are transported. Compatible Pollutant. The words "compatible pollutant" shall mean wastes having biochemical oxygen demand, suspended solids and pH within tolerable limits, fecal coliform bacteria, and such additional pollutants which the City treatment works are designed to treat. Industrial Discharger/User. Any discharger who discharges other than household wastes directly or indirectly into the City sewer system. Industrial Waste. The words "industrial waste" shall mean any liquid, solid, or gaseous substance, or combination thereof, resulting from any process of industry, manufacturing, commercial food processing, business, agriculture, trade or research, including but not limited to the development, recovering or processing of natural resources and leachate from landfills or other disposal sites, or any other discharge other than domestic sanitary waste. Industrial Waste Discharge Permit. A permit to discharge industrial wastes into the City sewer system issued under the authority of this ordinance and which prescribes certain discharge requirements and limitations. Interference. The inhibition or disruption of the City sewer system collection system, treatment processes or operations. pH. The symbol "pH" shall mean the reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in moles per liter of solution,. Neutral water, for example, has a pH of 7 and a hydrogen ion concentration of 10-7. Person. The word "person" shall mean any individual, company, enterprise, partnership, corporation, association, society, or group, and the singular term shall include the plural. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the City sewerage systems. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1790 PAGE 3 Restaurant. Any establishment or premises, other than a single-family residential unit, equipped or used for the preparation or serving of food, whether operated on a intermittent or sustained basis. Sewerage System. The entire sewage collection and treatment systems, exclusive of branch sewers. This includes all conduits, pumps, treatment equipment and any other components involved in the transportation, collection, treatment and disposal of sanitary and industrial wastewater and sludge. This includes both sanitary and storm water systems. Slugload. Any substance released in a discharge at a rate and/or concentration which causes interference to City sewerage or disposal systems. Suspended Solids. The words "suspended solids" shall mean total suspended matter that is in suspension in water or wastewater and that is removable by laboratory filtering. Toxic Pollutants. Those substances listed by the City Engineer as toxic pollutants. The list is based upon the priority pollutant list prepared by the U.S. Environmental Protection Agency and any additional information available which indicates toxicity or hazard level of particular substances. Upset. An exceptional incident in which a discharge unintentionally and temporarily is in a state of non-compliance with the discharge requirements set forth in this ordinance due to factors beyond the reasonable control of the discharger, and excluding non-compliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof. Wastewater. Industrial waste, or sewage or any other waste including that which may be combined with any ground water, surface water or storm water, that may be discharged to the City sewerage systems. Section 3. General Discharge Prohibitions. Use of restricted sewers. It shall be unlawful to discharge, permit the discharge, or allow a connection which will result in the discharge of sanitary sewage or industrial waste into a public sewer under City control which has been designated by the City Engineer to be used solely for storm drainage. It shall be unlawful for any person to discharge or permit the discharge or cause or allow a connection which will result in the discharge of storm drainage or uncontaminated water from refrigeration or cooling processes or steam condensate, into a public sewer under City control designated by the City Engineer to be used solely for sanitary sewage. Prohibited Discharges. It shall be unlawful to discharge, cause or allow to discharge directly or indirectly into the City sewage systems any of the following: ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1790 PAGE 4 Waters or wastes containing substances in such concentrations that they inhibit or interfere with the operation or performance of any sewage treatment process, are not amenable to treatment or reduction by the sewage treatment process employed, or are only partially amenable to treatment such that the sewage treatment plant effluent cannot meet the requirements of any other agency having jurisdiction over its discharge to the receiving waters or that prevents the use or disposal of sewage treatment plant sludge in accordance with applicable State and Federal regulations. Any liquids, solids, or gases, which by reason of their nature or quantity, are, or may be sufficient, either alone or by interaction, to cause fire or explosion or to be injurious in any other way to the operation of the sewer system. Prohibited materials include, but are not limited to, gasoline, benzene, naphtha, alcohols, fuel oil, mineral oil and other flammable or explosive substances. Any solid or viscous substances capable of obstructing sewage which will or may cause obstruction to the flow of sewage or interference with the operation of the sewerage works or treatment facilities. These substances include, but are not limited to, ashes, cinders, sand, mud, straw, insoluble shavings, metal, glass, rags, feathers, tar, creosote, plastics, wood, animal paunch contents, offal, blood, bones, meat trimmings and wastes, fish or fowl heads, entrails, trimmings and wastes, lard, tallow, baking dough, chemical residues, paint residues, cannery waste bulk solids, hair and fleshings, or plastic or paper dishes, cups, or food or beverage containers, whether whole or ground. Any noxious or malodorous liquids, gases, solids, or other substances when either singly, or by interaction with other wastes, are capable of creating a public nuisance or hazard to life or health, or preventing entry into any sewer, manhole, or pump station. Any water or waste containing a toxic or poisonous substance in sufficient quantity, either singly or by interaction with other substances, to injure or interfere with any sewage treatment process; to constitute a hazard to humans or animals; or to create any hazard in, or adversely affect the receiving waters; or result in unacceptable concentrations of these substances being discharged in combined sewer overflows or sewage treatment plant effluents. Any wastes, waste waters or substances having a pH less than 6.0 or more than 10.0, or having any other corrosive property capable of causing damage or hazard to piping, structures, equipment, or personnel of the sewerage systems. This includes, but is not limited to, battery or plating acids and waste, copper sulfate, chromium salts and compounds, or salt brine. [Section 3(b)(6) amended by Ordinance 2074, passed January 13, 1992.] Any liquid or vapor having a temperature higher than 150` F or containing heat in amounts which will inhibit biological activity, resulting in septage in sewers, or interference at treatment plants. In no case shall there be heat in such quantities that the temperature of sewage inflow at any lift station exceeds 104` F. Any material from a cesspool or septic tank, except such material received at a City treatment plant under City permit. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1790 PAGE 5 Any water or waste which contains in excess of one hundred milligrams per litre, or a lesser amount as fixed by the City Engineer, for a particular establishment, of fat waste, oil or grease, whether or not emulsified, ether-soluble or n- hexane soluble matter, or any substance which may solidify or become discernibly viscous at temperatures above 32N F. (10) Any domestic garbage that has not been properly comminuted to 1/8-inch, or less, in any dimension. (11) Any slugload, which means any pollutant, including oxygen- demanding pollutants (BOD, etc.), released in a single discharge episode of such volume or strength as to cause interference to the sewerage systems. (12) Any substances with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. (13) Any wastewater which may cause a hazard to human health, or may create a public nuisance. (14) Any unusual concentrations of inert suspended solids which may interfere with the operation of the sewerage systems, such as, but not limited to, fuller's earth, lime slurries, or lime residue. (15) Any unusual concentrations of dissolved solids which may interfere with the operation of the sewerage systems, such as, but not limited to, sodium chloride, calcium chloride, and sodium sulfate. (16) Any radioactive material, except in compliance with the current "Oregon Regulations for the Control of Radiation" (OAR 333-22-150). (17) Any food-processing wastes retained on a 20-mesh screen. If material retained on a 20-mesh screen is being discharged, the industrial sewage rate for suspended solids may be estimated on the basis of concentrated dip-samples of such effluent, but this shall not bar correction of the discharge condition under the provisions of Section 11. (18) Any grease or fat from any restaurant. Such establishments shall install, within 60 days from the date of notice, adequate grease-traps from all sinks and dish washers. Such grease traps shall be of such capacity as to require cleaning not more than twice a week. Each such establishment shall maintain a log, signed by the servicing employee, of all service and cleaning, available to City personnel inspecting. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1790 PAGE 6 (19) Any oil, grease, distillate, gasoline, or any other petroleum product which may be discharged to any sanitary or drainage system. Such systems shall be protected by adequate, approved, oil separators, or alternative disposal. All establishments selling motor oil shall provide facilities for draining and disposal of waste oil, or provide sufficient supervision of parking areas that no waste oil be discharged to sanitary or storm sewerage systems. Such establishments shall obtain industrial pollution permits, citing their provisions for preventing pollution. One discharge of waste oil shall be sufficient cause for injunctive relief for cessation of such offerage of motor oil for sale. Section 4. Discharge Limitations It shall be unlawful for a discharger who has an effective Industrial Waste Discharge Permit pursuant to Section to discharge wastes to the sewer system in excess of the limitations established in the permit. The City Engineer shall establish Industrial Waste Discharge Permit limitations to the extent necessary to enable the City to comply with current National Pollutant Discharge Elimination System categorical and general standards and waste discharge requirements as promulgated by the U.S. Environmental Protection Agency and the Oregon State Department of Environmental Quality; to protect the public health and safety; to protect the receiving water quality; to protect the sewerage system; and to comply with all other applicable Federal and State laws. It shall be unlawful to discharge into the sewerage systems concentrations of the following materials in excess of the specified limits, unless the discharger has in effect an Industrial Waste Discharge Permit from the State of Oregon which establishes a different limitation for a specific pollutant. Pollutant Concentration Limit Arsenic 1.0 mg/l Cadmium 1.0 mg/l Chromium (Total) 5.0 mg/l Copper 2.0 mg/l Cyanid 1.0 mg/l Iron 10.0 mg/l Lead 2.0 mg/l Nickel 3.0 mg/l Phenols or Cresols 1.0 mg/l Zinc 4.0 mg/l It shall be unlawful for a discharger to increase the use or addition of potable or process water as a partial or complete substitute for adequate treatment to achieve compliance with the standards and limitations set forth in this Chapter or in an Industrial Waste Discharge Permit issued pursuant hereto. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1790 PAGE 7 Section 5. Pretreatment Facilities. If treatment facilities, operation changes or process modifications at an industrial discharger's facility are needed to comply with any requirements under this section, or are necessary to meet any applicable State or Federal requirements, the City Engineer may require that such facilities be constructed or modifications or changes be made within the shortest reasonable time, taking into consideration construction time, impact of the untreated waste on the City sewerage systems, economic impact on the facility, impact of the waste on the marketability of the City treatment plant sludge, and any other appropriate factors. Any requirement in Section 5 may be incorporated as part of an Industrial Waste Discharge Permit issued under Section 7 and made a condition of issuance of such permit or may be incorporated in a contractual agreement between the City and the affected facility and made a condition of the acceptance of the waste from that facility. Plans, specifications and other information relating to construction or installation of preliminary treatment facilities or optional disposal required by the City Engineer under this Chapter shall be submitted to the City Engineer and the Oregon Department of Environmental Quality. No construction or installation thereof shall commence until written approval of plans and specifications by the City Engineer and the Oregon Department of Environmental Quality is obtained. No person, by virtue of such approval, shall be relieved of compliance with other laws of the City and of the State relating to construction and to permits. Every facility for the preliminary treatment or handling of industrial wastes shall be constructed in accordance with the approved plans and specifications, and shall be installed and maintained at the expense of the occupant of the property discharging the industrial wastes. Any person constructing a preliminary treatment facility, as required by the City Engineer, shall also install and maintain at his own expense sampling manhole(s) for checking and investigating the discharge from the preliminary treatment facility to the public sewer. The sampling manhole(s) shall be placed in a location designated by the City Engineer and in accordance with specifications approved by the City Engineer. Section 6. Reporting Requirements. Initial Compliance Report. Within ninety (90) days after receiving notification that an Industrial Waste Discharge Permit is required, the discharger subject to this Chapter shall submit a report to the City Engineer which indicates the nature and concentration of all prohibited or regulated substances contained in its discharge and the average and maximum daily flow in gallons. The report shall also state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operations and maintenance and/or pretreatment is necessary to bring the discharger into compliance with the applicable standards and requirements. This statement shall be signed by an authorized representative of the discharger and certified to by a qualified professional. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1790 PAGE 8 Such reports shall be completed in compliance with the current General Pretreatment Regulations for Existing and New Sources of Pollution. If the information required in Section 6 has already been provided to the City Engineer and that information is still accurate, the discharger shall reference the submitted information and is not required to submit it again. Periodic Compliance Reports. Any discharger that is required to have an Industrial Waste Discharge Permit pursuant to Section 7 shall submit to the City Engineer during the months of June and December, unless required on other dates and/or more frequently by the City Engineer, a report indicating the nature of the effluent over the previous six month period. The report shall include, but is not limited to, the concentration (and mass if limited in the permit) of the limited pollutants and a record of all daily flow measurements which exceeded the average daily flow reported in Section 6. The frequency of the monitoring shall be determined by the City Engineer and specified in the Industrial Waste Discharge Permit. If there is an applicable effective Federal Categorical Pretreatment Standard, the frequency shall be not less than that prescribed in the standard. Flows shall be reported on the basis of actual measurement, provided, however, where cost or feasibility considerations justify, the City Engineer may accept reports of average and maximum flows estimated by verifiable techniques. The City Engineer may require reporting by dischargers that are not required to have an Industrial Waste Discharge Permit if information and/or data is needed to establish a sewer rate charge, determine the treatability of the effluent or determine any other factor which is related to the operation and maintenance of the sewerage systems. Confidential Information. Information and data furnished to the City Engineer with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the City Engineer that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger. When requested by a discharger furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public but shall, upon written request, be made available to governmental agencies for uses related to this ordinance, National Pollutant Discharge Elimination System, State waste disposal requirements and/or the Pretreatment Program; provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City Engineer ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1790 PAGE 9 as confidential, shall not be transmitted to any governmental agency, nor to the general public, by the City Engineer until and unless a ten-day notification be given to the discharger. Section 7. Industrial Waste Discharge Permits. Requirement for a Permit. Except as provided in this section any waste discharger shall have an Industrial Waste Discharge Permit prior to discharging into the City sewer system, if: The discharge is subject to promulgated National Categorical Pretreatment Standards; or, The discharge is significant in the opinion of the City Engineer. Significant discharges include, but are not limited to, the following: Discharges containing compatible pollutants in concentrations or quantities that are subject to extra strength charges; or, (ii) Discharges containing incompatible pollutants in concentrations or quantities which may interfere with the operation of the sewerage systems or increase the costs of operation; or, (iii) Discharges which have a maximum instantaneous flow which exceeds ten percent of the capacity of the available lateral or appropriate trunk sewer. The discharger is required to provide and maintain any form of pre-treatment or any separation process, including grease traps or oil separators. Existing Discharges. Discharges that were in existence prior to the date that an Industrial Waste Discharge Permit was required shall be notified in writing by the City Engineer that such a permit is required. Such existing dischargers shall be allowed to continue discharging into the City sewer system without an Industrial Waste Discharge Permit until a permit issued or denied provided that the discharger files a completed application for an Industrial Waste Discharge Permit within 90 days of the receipt of such notice. Discharges allowed under Section 7 shall meet all other applicable requirements of this code. Application for an Industrial Waste Discharge Permit. Application for an Industrial Waste Discharge Permit shall be made to the City Engineer on forms provided by the Department of Public Works. The ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1790 PAGE 10 application shall not be considered as complete until all information identified on the form is provided, unless specific exemptions are granted by the City Engineer. Completed applications shall be made within 90 days of the date requested by the City Engineer or, for new discharges, at least 90 days prior to the date the discharge is to begin. Issuance of Industrial Waste Discharge Permits. Industrial Waste Discharge Permits shall be issued or denied by the City Engineer within 90 days after a completed application is filed. Industrial Waste Discharge Permits shall contain conditions which meet the requirements of this code as well as those of applicable State and Federal laws and regulations. If pretreatment facilities are needed to meet the discharge criteria of the discharge permit, the permit shall require the installation of such facilities. Whenever a discharge permit requires installation or modification of monitoring or metering equipment, or of treatment facilities, or of process changes necessary to meet discharge standards, or for spill control requirements, a compliance schedule shall be included which establishes the dates for completion of the changes and all appropriate interim dates. Interim dates shall be no more than 90 days apart. Discharge permits shall expire no later than 5 years after the effective date of the permit. The City Engineer may deny the issuance of any discharge permit if the discharge may result in violation of any City, State, or Federal law or regulation, may overload or cause damage to any portion of the City sewerage systems, or may create any imminent, latent, or potential hazard to personnel, the public, or the environment. Modification of Permits. An Industrial Waste Discharge Permit may be modified for good and valid cause at the written request of the permittee and at the discretion of the City Engineer. Permittee modification requests shall be submitted to the City Engineer and shall contain a detailed description of all proposed changes in the discharge. The City Engineer may require any additional information needed to adequately evaluate the modification or assess its impact. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1790 PAGE 11 The City Engineer may deny a request for modification if the change may result in a violation of City, State or Federal laws or regulations, may overload or cause damage to any portion of the City sewerage systems, or may create any imminent or potential hazard to health, or the environment. If a permit modification be made at the direction of the City Engineer, the permittee shall be notified in writing of the proposed modification at least 30 days prior to its effective date and shall be informed of the reasons of the change. Change in a Permitted Discharge. Any modification to the permittee's discharge permit must be issued by the City Engineer before any significant change is made in the volume or level of pollutants in an existing permitted discharge to the City sewerage system. Changes in the discharge involving the introduction of a waste stream not previously included in the Industrial Waste Discharge Permit or involving the addition of new pollutants shall be considered as a new discharge, requiring application under Section 7. Permit Fees. Permit fees and renewal fees, shall be as established by the Common Council, by motion, upon recommendation of the City Engineer. All monies received for Waste Discharge Permit Fees shall be expended only for the administration, monitoring or enforcement of the provisions of this ordinance. Section 8. Inspection and Sampling. Inspection. Authorized City representatives may inspect the monitoring facilities of any industrial waste discharger to determine compliance with the requirements of this ordinance. The discharger shall allow the City or its authorized representatives to enter upon the premises of the discharger at all reasonable hours, for the purpose of inspection, sampling, or records examination. The City shall also have the right to set up on the discharger's property any such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. The right-of-entry shall include access to all portions of the premises that contain facilities for sampling, measuring, treating, transporting or otherwise handling wastes, and for storing records, reports or documents relating to the treatment, sampling, or discharge of the wastes. The City Engineer, or his authorized deputy, shall have the power to make such inspections, without warrant, during any time of operation of the facility. Conditions of Entry. The authorized City representative shall present appropriate credentials at the time of entry; ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1790 PAGE 12 The purpose of the entry shall be for inspection, observation, measurement, sampling or testing in accordance with the provisions of this ordinance; The entry shall be made at reasonable times during any operating or business hours unless an emergency situation exists as determined by the City Engineer. All valid safety, security and sanitary requirements of the facility to be inspected shall be complied with by the City representative(s) entering the premises. Sampling. Samples of wastewater being discharged into the sewerage systems shall be representative of the discharge and shall be taken after treatment, if any, and before dilution by other water. The sampling method shall be one approved by the City Engineer and done in accordance with good engineering practice. Samples that are taken by City personnel for the purpose of determining compliance with the requirements of this ordinance may be split with the discharger (or a duplicate sample provided in the instance of fats, oils and greases), if requested before or at the time of sampling. All sample analyses shall be performed in accordance with the procedures set forth in 40 CFR, Part 136 and any amendments thereto or with any other test procedures approved by the Administrator of the Environmental Protection Agency. If there are no approved test procedures for a particular pollutant, then analyses shall be performed using other validated procedures approved by the City Engineer. Sampling Manhole. The City Engineer may require a discharger to install and maintain, at the discharger's expense, suitable manhole(s) in the discharger's branch sewer(s) to allow observation, sampling and measurement of all industrial wastes being discharged into the City sewer system. They shall be constructed in accordance with plans approved by the City Engineer and shall be designed so that flow measuring and sampling equipment may be conveniently used or installed. Access to the manhole shall be available to City representatives at all times. It shall be located in a street right-of- way or on an easement with ready access from a street, not behind any fence or gate, except for which the City shall be provided a key or keys. Section 9. Spill Prevention and Control. Notification. Any person becoming aware of spills or uncontrolled discharges of prohibited or restricted substances, directly or indirectly, into the City sewerage systems, shall immediately report such discharge by telephone to the City Engineer. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1790 PAGE 13 Posted Notice. A notice informing employees of the notification requirement and containing a telephone number for the individual to contact in the event of such a discharge shall be posted in a conspicuous place, visible to all employees that may reasonably be expected to observe such a discharge. Preventive Measures. Direct or indirect connections or entry points which could allow spills or uncontrolled discharges of prohibited or restricted substances to enter the City sewer system shall be eliminated, labeled, or controlled, so as to prevent the entry of wastes in violation of this ordinance. The City Engineer may require the industrial user to install or modify equipment or make other changes necessary to prevent such discharges as a condition of issuance of an Industrial Waste Discharge Permit or as a condition of continued discharge into the City sewer system. A schedule of compliance shall be established by the City Engineer which requires completion of the required actions within the shortest reasonable period of time. Violation of the schedule without an extension of time by the City Engineer shall be a violation of this ordinance. Spill Prevention and Control Plans. Industrial users that handle, store or use prohibited or restricted substances on their sites shall prepare a spill prevention plan within 90 days of notice by the City Engineer directed at preventing the entrance of those substances, directly or indirectly, into the City sewerage systems. The plan, as approved by the City Engineer, shall be posted and available for inspection at the facility during normal business hours and shall include, but not be limited to, the following elements: A description of the potential points of entry into the City sewerage systems; (ii) A description of the measures to be taken to prevent entry at the described points before a spill occurs; (iii) Measures to be taken to contain a spill of prohibited or restricted materials; (iv) A description of employee training in the prevention and control of spills. A valid SPCC plan required under the Federal Clean Water Act may be acceptable in lieu of developing a new spill control plan, provided the plan adequately addresses the elements required. If any user has a spill or uncontrolled discharge of prohibited or restricted substances into the City sewer, the City Engineer may require the user's spill prevention and control plan to be resubmitted, may require revisions to be made in the plan, and may require any such user, even residential, to fully comply with the requirements of this ordinance. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1790 PAGE 14 Section 10. Acceptance of Extra-Strength Industrial Waste. The City Engineer may agree to accept industrial wastewater which exceeds the limitations set forth in Section 4, provided that: Limitations established in compliance with promulgated Federal Pretreatment Standards under the Clean Water Act or under Section 3 of this ordinance are not exceeded; and, Adequate treatment capacity exists at the waste treatment plant for effectively treating the additional waste strength; and, The commercial or industrial discharger requests the City Engineer to accept the industrial wastes on the basis of payment to the City of extra-strength charges as determined by him; and, The wastewater is being discharged to a sanitary or combined sewer; and, The discharger shall affirm responsibility for all other provisions of this ordinance; and, All other sewage rates shall be in accordance with the Woodburn sewer rate ordinance; and, All additional charges for extra-strength discharges shall be as determined by the City Engineer. Section 11. Enforcement. Violations. A violation shall have occurred when any requirement of this ordinance has not been met; when a written demand of the City Engineer, made under the authority of this ordinance, is not met within the specified time; when a condition of a permit, or contract, issued under the authority of this ordinance is not met within the specified time; when effluent limitations are exceeded, regardless of intent or accident; or when false information has been provided by the discharger. Each day a violation occurs shall be considered as a separate violation. Notice of Violation. Upon determination by the City Engineer that a violation has occurred, or is occurring, the City Engineer may issue a written Notice of Violation to the discharger which shall outline the violation and the potential liability. The Notice may further request correction of the violation within a specified time and/or require written confirmation of the correction or of efforts being made to correct the violation, by a specified date. The Notice shall be personally delivered to the discharger's premises or be sent certified or registered mail, return receipt requested. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1790 PAGE 15 Judicial Action. The City Engineer may initiate appropriate civil or criminal action through the City Attorney in a Court of competent jurisdiction to enjoin a violation and obtain corrective measures and any other appropriate relief. Termination or Suspension of a Discharge. The City Engineer may terminate a discharge into the City sewer system or suspend such discharge for a specified length of time or terminate water and sewer services to the premises, if: The discharge presents or may present an imminent and substantial endangerment to the health or welfare of persons or the environment, or causes interference with the operation of the City sewer system; or, (ii) The permit to discharge into the City sewer system was obtained by misrepresentation of any material fact or by lack of full disclosure; or, (iii) Directed by a Court of competent jurisdiction. Notice of termination or suspension shall be provided to the discharger prior to terminating or suspending the discharge. In situations that are not emergencies, the notice shall be in writing, shall contain the reasons for the termination or suspension, the effective date, and the name, address and telephone number of a City contact, shall be signed by the City Engineer, and shall be received at the business address of the discharger no less than thirty days prior to the date specified for termination or suspension. (ii) In situations that are determined to be emergencies by the City Engineer, the initial notice may be verbal or written and shall contain the information required above. If verbal notice is given, it shall be delivered to the owner or operator of the discharging facility and shall be followed within 2 working days by a written notice that is mailed or delivered to the business address of the discharger. The effective date of the termination or suspension in emergency situations may be immediately after verbal or written notice has been given as required in this paragraph. (iii) For the purposes of this section, an emergency situation is defined as a situation in which action must be taken as rapidly as possible in order to prevent or reduce a present or potential danger or hazard to health, safety, sewerage systems, treatment processes, or receiving streams. Cost Recovery. The City Engineer may recover all reasonable costs of repairing damages to the City sewerage systems, extra treatment required, restoration of inhibited or disrupted treatment processes, and of paying fines or penalties which result from a discharge not in compliance with the requirements of EPA or DEQ, the Waste Discharge Permit, or of this ordinance. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1790 PAGE 16 Claim for the costs shall be by letter to the discharger; sent certified or registered mail, return receipt requested, which shall state the specific violation(s), the damages and penalties sustained by the City, the costs of those damages and penalties, and all other costs the City Engineer has determined as attributable to the discharge and, therefore, billed to the discharger. The costs are due and payable by the discharger upon receipt of the letter. If not paid within 30 calendar days, water and sewer services to the premises may be physically disconnected and the amount due and the cost of disconnection shall be assessed against the property on the docket of City liens. Operating Upsets. Any discharger who experiences an upset in operations which places the discharger in a temporary state of non-compliance with this ordinance or an Industrial Wastewater Discharge Permit issued pursuant to Section 7 shall inform the City Engineer of the upset within 2 hours of the first awareness of it. Where such information is given orally, a written follow-up report shall be filed by the discharger with the City Engineer within five days. The report shall specify: Description of the upset, the cause thereof and the upset's impact on the discharger's compliance status. Duration of non-compliance, including exact dates and times of non-compliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur. All steps taken or to be taken to reduce, eliminate or prevent recurrence of such an upset or other conditions of non-compliance. Section 12. Records Retention. All dischargers subject to this ordinance shall retain and preserve for no less than three years, all records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or in behalf of a discharger in connection with its discharge. All records which pertain to matters which are the subject of any enforcement or litigation activities brought by the City Engineer pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. Section 13. Conflict. All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this ordinance are hereby repealed to the extent of such inconsistency or conflict. Section 14. Severability. If any provision, paragraph, word, section or chapter of this ordinance is invalidated by any Court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and chapters shall not be affected and shall continue in full force and effect. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 1790 PAGE 17 Section 15. Penalties. Violation of any provision of this ordinance constitutes a class 1 infraction and shall be dealt with according to the procedures established by Ordinance No. 1610. Each day a violation of this ordinance continues shall be considered a separate violation. [Section 15 as amended by Ordinance 2008, passed October 24, 1988.] Passed by the Council September 13, 1982, and approved by the Mayor September 14, 1982. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2058 PAGE 1 ORDINANCE NO. 2058 AN ORDINANCE ALLOWING A SEWER CAPACITY FEE PAYMENT PLAN FOR CERTAIN PROPERTIES UTILIZING SUBSURFACE SEWAGE DISPOSAL SYSTEMS AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. The following definitions apply: "City Engineer" shall mean the City Engineer of the City of Woodburn. "Finance Director" shall mean the Finance Director of the City of Woodburn. "Local Government Investment Pool" shall have the meaning given that term in ORS 294.805 to 294.895. "Owner" shall mean any person, firm, corporation, or other entity having legal title to real property subject to the applicable sewer capacity fee and possessing legal authority to authorize the docketing of a lien against said property. "Sewer Capacity Fee" shall mean a non-refundable fee charged by the city to allow an owner to use a portion of the city's sewerage capacity, also known as a sanitary sewer connection fee or systems development charge. "Subsurface Sewage Disposal System" shall have the meaning given that term in ORS 454.605. Section 2. General Provisions The owner of real property utilizing a subsurface sewage disposal system incorporating twenty (20) or more dwelling units has the option of paying sewer capacity fees utilizing a four-year payment plan. The first installment of said fees described above is due and payable at the time of connection, with the remaining installments payable on the basis determined by the City according to the payment plan. This installment payment plan of sewer capacity fees is exercised at the option of the owner. Written application for such option must be filed by the owner, and approved by the city prior to connection. The owner is responsible to insure that all scheduled payments are made when due. The owner is not relieved of this obligation even though the city may allow the due date to pass without receiving payment. The city may declare the remaining balance due and payable in full when the owner fails to make scheduled payments on ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2058 PAGE 2 time. At the city's option, failure to make scheduled payments may result in disconnection. If the installment payment option is utilized, the balance owed to the city, including interest thereon, may be paid in advance by the owner at any time without penalty. Section 3. Administration. The City Engineer shall be responsible for implementation of this ordinance by allowing the connections to the city sewerage system and by making other technical and payment plan decisions. The Finance Director shall be responsible to program the servicing plan so that bills are sent to owners. The City Engineer shall provide documents needed by the Finance Director for serving of the payment plan. Section 4. Interest Rate. Interest shall be fixed at the date of inception of the plan at the rate quoted by the local government investment pool (per annum) plus 1½% rounded to the nearest one-tenth of one percent. Section 5. Severability. If any section, clause, or phrase of this ordinance is determined by any court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity of the remainder of this ordinance which shall continue to be in full force and effect. Section 6. [Emergency clause.] Passed by the Council April 8, 1991, approved by the Mayor April 9, 1991. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2157 PAGE 1 ORDINANCE NO. 2157 AN ORDINANCE APPROVING PLACEMENT OF CHARGES ON WASTEWATER DISCHARGE UTILIZING WATER USE MONITORING OR OTHER ESTIMATING METHODS FOR THE OPERATION AND MAINTENANCE OF MUNICIPAL SEWERAGE SYSTEMS, PROVIDING FOR SUCH CHARGES AND THE COLLECTION THEREOF, REPEALING ORDINANCE NO. 2059, AND SETTING AN EFFECTIVE DATE. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. General Provisions. That a charge, as provided in this ordinance, will be added to each municipal water bill or statement issued by the City of Woodburn. Such charges will apply to all periods of water use and service received from the City, and such charges will be collected from water users in the same manner and under the same provisions of law as other charges for water use and services. Such charges will be levied against each water account, excepting those accounts providing only fire or irrigation service, and other services which do not utilize the city sewerage system for their wastewater treatment and disposal. A like charge may be made to all premises within the city limits which are supplied with water from sources other than the city water system. A separate charge will be collected from all premises outside the City which discharge to the city sewerage system. The premises connected to a water system other than the city system may be required to provide metering devices for the waste discharge calculations. An additional charge will be collected for “recreational vehicle waste water discharge” stations. All city municipal service buildings will continue to be exempted from the charges outlined in this ordinance unless modified by council action. Interpretation and administration of this ordinance and its provisions will be the responsibility of the City Engineer. This ordinance also deals with permitted industrial/commercial loading-related service charges. However, the city-issued waste discharge permits that reflect EPA and DEQ requirements and other capacity connection fee requirements related to loadings, are not covered by this ordinance. (Section 1 as amended by Ordinance 2286 passed May 14, 2001) Section 2. Abbreviations & Definitions: BOD = Biochemical oxygen demand SBOD = Soluble BOD cu. ft. = cubic feet gal. = gallon(s) TSS = Total suspended solids POTW = Public Owned Treatment Works EPA = Environmental Protection Agency DEQ = Department of Environmental Quality Single Family Unit: A stick built or manufactured house, designed for permanent occupation by a single family which ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2157 PAGE includes kitchen and bathroom facilities, on its own lot, with or without accessory structures. Multi family Unit: 1) Any dwelling unit designed for separate, permanent occupation by more than one family and which each separate unit includes kitchen and bathroom facilities. 2) Any recreation room with bathroom, sink, and cooking facilities. Section 3. Treatment Capability and Acceptance of Sewage: The City, at its discretion, may refuse to accept sewage loadings from industrial/commercial users or septage haulers, if such loading is beyond permitted loading or if such loading, in the opinion of the City, reasonably places the treatment process at risk or may cause violation of the City’s permit. Section 4. Industrial User Billing: Industrial users may be required to install metering and sampling devices to monitor flow, BOD, suspended solids and any other necessary constituents. The industry may be required to combine all effluent lines to a single point for such metering/sampling and to monitor their effluent discharge. The City may bill on an estimated basis if the user fails to perform the required monitoring and sampling. Any or all of the following criteria may be used to determine if an industry is to be billed as an industrial user: A. The user is permitted to discharge more than 0.8 percent of the designed average dry weather hydraulic, organic or solid handling load to the City’s POTW. B. The user has a non-domestic flow of 25,000 gallons or more per average work day. C. The user is determined by the POTW Superintendent to have a significant impact upon POTW operations. D. The user comes under the national categorical pretreatment standards promulgated by the EPA. E. The City has issued the user an industrial discharge permit. Section 5. Sewerage Charge: The sewerage charges required by Section 1 of this ordinance will be according to the following schedule: A. All sewer charges for residential, commercial and industrial customers will be based on a minimum plus volume of sewage discharged method. In addition, industrial customers will also be charged for BOD and TSS. B. Residential minimum plus volume method will be the average consumption of water for the three winter months of January, February, and March, and it will be considered as the amount of sewage discharged from each dwelling unit. The winter month average will be determined by the water meter readings taken or other needed estimating methods by Public Works for unusual cases. General estimating and billing methods are outlined below: ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2157 PAGE 1. In the first year of the minimum plus volume method implementation, the January, February, March bills will be based on the actual consumption for each month. Starting in April, each of the following twelve (12) months will be billed based on the average of the three winter months (January, February, March). Every year a new average will be calculated using the immediately preceding winter month’s consumption. 2. Residential structures that are served by the city sewerage system, but not connected to city water, will be billed at the city wide residential average consumption rate of 700 cu. ft. per unit. 3. If the winter average exceeds three other consecutive months' average, then at the request of the property owner, the city may replace the winter average with the average of three other consecutive months for the remaining future annual billing cycle. There shall be no extra charge for the adjustment. Also, Public Works shall make adjustments to wastewater charges for properties disrupted by natural disaster that affects the flow of wastewater to the city system. a. Replacement of residential winter average with average of other three consecutive months and adjustment of charges: i. If the winter average exceeds three other consecutive months' average, then at the request of the property owner, the city may replace the winter average with the average of three other consecutive months for the remaining future annual billing cycle. ii. The wastewater charges to an account when three-month average is implemented to replace winter average shall be adjusted as outlined below: Amount of credit shall be limited to the summation of actual revenue received in three months under consideration less summation of calculated revenue in the same three- month period that is used to develop lower billing average. b. Adjustment to wastewater charges for properties disrupted by a natural disaster affecting wastewater flow: i. Public Works will evaluate the disruption to wastewater flow because of a natural disaster and make adjustment accordingly. During the period while a structure is being rehabilitated and there is no wastewater flow, there shall be no wastewater charge based on the winter average, otherwise an estimate that reflects the use of least flow will be used. 4. If there is no occupancy of buildings during the winter months, then the average of two prior months, (e.g. September and October), or 700 cu. ft., whichever is less, may be used for billing purposes, until and unless a representative average of the winter months is developed or estimated. 5. For new structures or new customers, the city-wide residential average of 700 cubic feet per unit per month may be used until an actual average can be calculated using three full months following occupancy. If the calculated average is below 700 cu. ft., then the calculated average will be used for billing, and a credit shall ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2157 PAGE be given deducting the summation of the three-month average from the actual revenue received during that period. If the calculated average is above 700 cu. ft., then the city- wide residential average of 700 cul ft. will be used for billing purposes until the next winter average is calculated. For new structures, the sewer charges begin when the certificate of occupancy is issued, or three months after the installation of the water meter unless the owner notifies the city that the building is not occupied. 6. All sewer structures located within 300 feet of an adequate city sewer main, and experiencing septic system failure, must connect to the city sewer system. No new subsurface wastewater treatment and disposal (septic tank system) shall be allowed within the city limits. 7. There will be no additional charge for consumption analysis and adjustments other than that for leak adjustments as outlined in Section 9. 8. When a dwelling unit has been occupied for not less than 10 days and/or the water consumption for the month is below 100 cu. ft., then partial month daily water consumption method may be used to project consumption for that month under consideration for averaging purposes. (Section 5.B. amended by Ordinance 2577 passed December 9, 2019) C. Commercial bills will be based on the actual water use for that month. Commercial structures that are connected to city water and are located within 100 feet of an adequate sewer line but not connected to the sewer, will be charged the minimum usage of 600 cu. ft. per unit. D. Industrial bills will be based on the actual consumption for that month plus the loading charges (BOD and TSS). E. RATES: Customer Class Minimum Charge Minimum Volume Volume Charge/ Above Minimum 1. RESIDENTIAL a. Single Family, Churches PER UNIT $20.20 500 cu. ft. $3.59/100 cu.ft. b. Multi Family, Apartments, Mobile Home in a Park, Condos, Motel, Hotel PER UNIT $20.20 500 cu. ft. $3.59/100 cu.ft. c. Residential unit not on City metered water system, PER UNIT $27.38 - - - - - - - - - - - - (NOTE: Above is based on estimate discharge of 700 cu. ft./mo. City may require metering if higher discharge is estimated by the City Engineer) 2. COMMERCIAL Businesses, Schools, R.V. Parks, Care Centers, etc. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2157 PAGE PER METER $25.54 600 cu. ft. $5.49/100 cf. Above Minimum a) Volume Charge 3. INDUSTRIAL $54.62  1,000 cu. ft. $2.27/100 cu.ft. (includes first 25 lbs. BOD and 9 lbs. TSS) b) BOD Charge: $0.85/lb. c) TSS Charge: $0.25/lb. 4. ABANDONED OR NON REVENUE PRODUCING SERVICE: Abandonment procedures may be started by the City, if a building is unoccupied for a period of 18 months, with proper notification to the property owner, as outlined in Resolution No. 1100, and/or minimum billing may be started for the building under consideration. 5. WASTEWATER DISCHARGE STATION - RV, etc. (in addition to standard charge) a. Residential type sewage discharge station at commercial establishments, PER MONTH i. For multiple RV dump stations $25.54 Minimum/connection ii. For individual RV units in Park $2.75 Minimum/connection 6. SEPTAGE - per truck load per 50 cu. ft. a. Residential, PER GALLON $0.0625 $28.00/min. b. Commercial, PER GALLON $0.0825 $28.00/min. Effective July 1, 2005 the septage rate will be: a. Residential, PER GALLON $0.070 $30.00/min. b. Commercial, PER GALLON $0.095 $30.00/min. Septage rates above apply only to the service area identified in the Pudding River Service Provider Study, March 1995. Other areas will be charged $0.085 PER GALLON for residential or commercial septage. [Section 5.E.6 as amended by Ordinance 2367, passed July 26, 2004.] 7. Individual Recreational Vehicles discharging at Wastewater Treatment Plant Per vehicle NO CHARGE 8. Mixed Residential/Commercial Accounts This category uses the residential or commercial rates outlined under subsections to above. The criteria for using a mixed residential/commercial method are outlined below: a) If no monitoring device is available, then the City may reasonably estimate charges based on the available facts, such as number of employees, product, or other criteria. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2157 PAGE b) If one City monitoring device serves more than one category of user, then the charges will be as follows: 1) If separation of service is not practical (as determined by the City Engineer), then the service charge will be at the residential rate for the first 700 cubic feet of water, for each residential unit. The remaining will be at the commercial rate. 2) If service monitoring separation is practical but not utilized, then the charge for the entire service will be at the commercial rate. The customer may request the City for a separate monitoring device for each category of service by paying the established meter installation fee. Section 6. Capital Cost Recovery Agreements. The City, at its discretion, may enter into agreements with industrial dischargers for the purpose of recovering the City’s incurred or anticipated costs used to modify POTW that benefit the industry. This cost, after Council’s approval, may be divided into a number of payments, and added to the invoice, rather than one lump sum payment. The cost recovery agreements may reflect the construction costs, interest, engineering and administration costs for POTW modifications needed to accommodate industrial growth. Section 7. Large Septage Load Charge: The intent of this charge is to discourage users from discharging large loads (lbs./day) of permitted waste to the city system during the dry weather season (June, July, August, September, October) that could reduce reliability of the city sewerage system. Prior to the construction of the new treatment plant, if septage waste is accepted at the present treatment system during the dry weather season, and if such loads will not place the treatment process at risk, the septage hauler rate may be multiplied by a factor of two If the load will place risk to treatment process, then the City may choose not to accept such a load. Section 8. Unauthorized Connection and Service: A. Unauthorized Connection: A 25 percent (25%) administrative charge may be added to the service connection or capacity fee if a property is connected to the system without first obtaining the proper permit and paying the required fees. This 25 percent (25%) may be added to the regular fee in effect at the time the unauthorized connection is discovered by the City. The added surcharge may be excused if the property owner volunteers the information and comes forward to pay the required connection fee. B. Unauthorized Service: An administrative charge of 25 percent (25%) may be added to the City utility service charge if a property receives City service and the customer does not inform the City to start the billing. The charge calculated will be limited to a twelve (12) month period. The City may make a reasonable estimate of the amount due. C. This section will not be construed to limit the City’s right to pursue any and all available legal remedies in regards to unauthorized connections or service. Section 9. Customer Billing Adjustments. If the City, in the preceding twelve ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2157 PAGE (12) months, has overcharged a customer for the sewer service, and it is brought to the attention of the City Engineer, then he will make an adjustment using available records of the past year. The adjustment will be limited to a period of four months falling within the past year. A similar adjustment for undercharge maybe made but it will be limited to a period of two months. In the case of water leakage, an adjustment for a one or two month period will be made if the leak has been repaired and the request for leak adjustment has been made within six months. Such adjustments will not exceed 100% of the estimated excess flow attributable to the leak. A charge of $10.00 will be added for any sewer charge adjustment due to water leaks. Section 10. Installation of Monitoring Clean Out: If the City wants to install a clean out on the service line near the house or business for infiltration monitoring and reduction, it may do so if a ten (10) day notice prior to construction activity has been provided to the property owner. The City may not charge for the installation of the clean out or for monitoring and infiltration reduction although it may be located on the private property. Section 11. Increase in Rates and Charges. Future rate adjustments will be established by Council action at a frequency and in an amount determined to be fiscally responsible for supporting service obligations, ensure POTW compliance with EPA/DEQ regulations, and to protect the environment and public health. Section 12. Service Agreements. All prior Council-approved service agreements between the City and a customer will remain in force for the term of the agreement. However, the requirements of this ordinance and other applicable ordinances, including the rate increase provisions, must be met. Section 13. Use of Monies Collected. That the monies collected pursuant to the provisions of this ordinance will be used to pay the costs of construction, operation, maintenance and expansion of sanitary and storm sewers, sewage treatment plants, pumping stations, and related facilities and services, including necessary administrative and engineering costs. Section 14. Administration. Interpretation and administration of this ordinance and its provisions will be the responsibility of the City Engineer. Section 15. Severability Clause. If any clause, sentence, paragraph, section or portion of this ordinance for any reason may be adjudged invalid by a court of competent jurisdiction, such judgment will not affect, impair, or invalidate any of the remainder of this ordinance. Section 16. Repeal. Ordinance No. 2059 is hereby repealed. Section 17. Effective Date. This ordinance is effective on November 1, 1995. Passed by the Council September 11, 1995, and approved by the Mayor September 12, 1995. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 1 ORDINANCE NO. 2556 AN ORDINANCE REGULATING THE DISCHARGE OF WASTES TO THE SANITARY SYSTEMS OF THE CITY; LIMITING SUCH DISCHARGES ONLY TO THOSE OF ACCEPTABLE TYPES, CHARACTERISTICS, OR CONCENTRATIONS; ESTABLISHING A SYSTEM OF WASTE DISCHARGE PERMITS; PROVIDING FOR ENFORCEMENT AND REPEALING ORDINANCE 2176 (Amended by Ordinance 2620) Table of Contents SECTION 1 - GENERAL PROVISIONS 5 1.1 Purpose and Policy 5 1.2 Administration 6 1.3 Definitions 6 1.4 Abbreviations 16 SECTION 2 - GENERAL SEWER USE REQUIREMENTS 17 2.1 Prohibited Discharge Standards 17 2.2 Federal Categorical Pretreatment Standards 19 2.3 State Requirements 20 2.4 "Local Limits" Specific Pollutant Limitations 20 2.5 City's Right to Revision 21 2.6 Special Agreement 21 2.7 Dilution 21 2.8 Deadline for Compliance with Categorical Standards 21 2.9 Inflow and Infiltration 22 SECTION 3 - PRETREATMENT OF WASTEWATER 22 3.1 Pretreatment Facilities 22 3.2 Additional Pretreatment Measures 23 3.3 Spill Prevention and Slug Control Plans 23 3.4 Tenant Responsibility 25 3.5 Separation of Domestic and Industrial Waste Streams 25 3.6 Hauled Wastewater 25 ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 2 3.7 Vandalism 26 3.8 Grease Interceptors 26 SECTION 4 - WASTEWATER PERMIT ELIGIBILITY 27 4.1 Wastewater Survey 27 4.2 Wastewater Permit Requirement 27 4.3 Permitting Existing Connections 27 4.4 Permitting New 28 4.5 Permitting Extra-Jurisdictional Industrial Users 28 4.6 Wastewater Permit Application Contents 28 4.7 Application Signatories and Certification 30 4.8 Wastewater Permit Decision 31 SECTION 5 - WASTEWATER PERMIT ISSUANCE PROCESS 31 5.1 Wastewater Permit Duration 31 5.2 Wastewater Permit Contents 32 5.3 Wastewater Permit Appeals 34 5.4 Wastewater Permit Modifications 34 5.5 Wastewater Permit Transfer 35 5.6 Wastewater Permit Revocation 36 5.7 Wastewater Discharge Permit Reissuance 36 5.8 Regulation of Wastewater Received from other Jurisdictions 37 SECTION 6 - REPORTING REQUIREMENTS 37 6.1 Baseline Monitoring Reports 37 6.2 Compliance Schedule Progress Reports 39 6.3 Reports on Compliance with Categorical Pretreatment Standard Deadline 40 6.4 Periodic Compliance Reports 40 6.5 Report of Changed Conditions 42 6.6 Reports of Potential Problems 43 6.7 Reports from Unpermitted Users 43 6.8 Sample Collection 43 6.9 Analytical Requirements 45 6.10 Monitoring Charges 45 ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 3 6.11 Timing 45 6.12 Record Keeping 45 6.13 Reporting of Additional Monitoring 45 6.14 Notification of Significant Production Change 46 6.15 Notification of the Discharge of Hazardous Waste 46 SECTION 7 - COMPLIANCE 47 7.1 Inspection and Sampling 47 7.2 Search Warrants 48 SECTION 8 - CONFIDENTIAL INFORMATION 48 SECTION 9 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE 49 SECTION 10 - ADMINISTRATIVE ENFORCEMENT REMEDIES 50 10.1 Industrial User Violation Process 50 10.2 Violation 51 10.3 Violation of Permit Parameters 51 10.4 Additional Violation Parameters 51 10.5 Industrial User Notice to City of Violation 52 10.6 Consent Order 52 10.7 Show Cause Hearing 52 10.8 Compliance Orders 53 10.9 Cease and Desist Orders 53 10.10 Administrative Fines 53 10.11 Emergency Suspensions 54 10.12 Termination of 55 SECTION 11 - JUDICIAL ENFORCEMENT REMEDIES 56 11.1 Injunctive Relief 56 11.2 Civil Penalties 56 11.3 Criminal 56 11.4 Remedies Nonexclusive 57 SECTION 12 - SUPPLEMENTAL ENFORCEMENT ACTIONS 57 ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 4 12.1 Performance Bonds 57 12.2 Liability Insurance 58 12.3 Water Supply Severance 58 12.4 Public Nuisance 58 12.5 Contractor Listing 58 SECTION 13 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS 58 13.1 Affirmative Defenses 58 13.2 Upset 58 13.3 General/Specific Prohibitions 60 13.4 Bypass 60 SECTION 14 - MISCELLANEOUS PROVISIONS 61 14.1 Pretreatment Charges and Fees 61 14.2 Severability 62 14.3 Conflicts with other Ordinances 62 SECTION 15 - EFFECTIVE DATE 62 ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 5 SECTION 1 - GENERAL PROVISIONS 1.1 Purpose and Policy This ordinance sets forth uniform requirements for direct and indirect discharges of pollutants into the wastewater collection, and treatment system for the City of Woodburn and enables the City to comply with all applicable State and Federal laws including the Clean Water Act (Act 33 U.S.C. 1251 et seg.), the General Pretreatment Regulations (40 CFR Part 403) and Oregon Administrative Rules (OAR) 340 Chapter 45. This ordinance provides for the regulation of direct and indirect discharges to the municipal wastewater collection and treatment system through the issuance of permits to certain non-domestic users and through enforcement of general requirements for other users, authorizes monitoring and enforcement activities, establishes administrative review procedures, requires user reporting, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. This ordinance shall apply to the City and to persons outside the City who, by contract or agreement with the City, are included as users of the municipal wastewater system. The objectives of this ordinance are: To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system; To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system; To ensure that the quality of the wastewater treatment plant biosolids is maintained at a level which allows its beneficial use; To protect both municipal personnel who may come into contact with sewage, biosolids and effluent in the course of their employment as well as protecting the general public; To preserve the hydraulic capacity of the municipal wastewater system; To improve the opportunity to recycle and reclaim wastewater and biosolids from the system; To provide for equitable distribution of the cost of operation, maintenance and improvements of the municipal wastewater system; ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 6 and To ensure the City complies with its NPDES permit conditions, biosolids use and disposal requirements and any other Federal or State laws which the municipal wastewater system is subject. (Section 1.1 Amended by Ordinance 2620) 1.2 Administration Except as otherwise provided herein, the Wastewater Section Superintendent/Supervisor shall administer, implement and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the Wastewater Superintendent/Supervisor may be delegated by the City Public Works Director to other City personnel. 1.3 Definitions Unless the context specifically indicates otherwise, the following terms and phrases, as used in this ordinance shall have the meanings hereinafter designated; Act or "the Act". The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, (33 U.S.C.1251 et seq). Approval Authority. The Oregon Department of Environmental Quality (DEQ). Authorized Representative of the Industrial User. A. If the user is a corporation: 1. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or 2. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 7 assigned or delegated to the manager in accordance with corporate procedures. B. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively. C. If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. D. The individuals described in paragraphs a through e, above, may designate a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the organization, and the written authorization is submitted to the City. Best Management Practices or BMPs Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 2.1 A and B [40 CFR 403.5(a)(1) and BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Biochemical Oxygen Demand (BOD) The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20Po P Celsius expressed in terms of weight and concentration (milligrams per liter mg/L). Building Sewer. A sewer conveying wastewater from the premises of a user to the POTW. Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge limits promulgated by the USEPA in accordance with Section 307 and of the Act (33 U.S.C. 1317) which applies to a specific category of industrial users and which appears in 40 CFR Chapter I, Subchapter N, Parts 405-471, incorporated herein by reference. City. City of Woodburn, Oregon, a municipal corporation of the State of Oregon, acting through its City Council or any board, committee, body, official, or person to whom the Council shall have lawfully delegated the power to act for or on behalf of the City. City Public Works Director. The Public Works Director of the City of ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 8 Woodburn, Oregon, or his duly authorized agent(s). (10) Color. The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) optical density. (11) Composite Sample. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on either an increment of flow or time. (12) Control Authority. The City of Woodburn, Wastewater Superintendent/Supervisor. (13) Continuing Violation. Each day a violation occurs may be considered as a separate violation. (14) Cooling Water. The water discharged from any use such as air conditioning, cooling or refrigeration, to which the only pollutant added is heat. (15) Daily Maximum. The arithmetic average of all effluent samples for a pollutant collected during a calendar day. (16) Daily Maximum Limit. The maximum allowable discharge limit of a pollutant during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. (17) Department of Environmental Quality or DEQ. The Oregon Department of Environmental Quality or where appropriate, the term may also be used as a designation for the Director of the Department or other duly authorized official of the Department. (18) Domestic User (Residential User). Any person who contributes, causes, or allows the contribution of wastewater into the City POTW that is of a similar volume and/or chemical make-up to that of a residential dwelling unit. Discharges from a residential dwelling unit typically include up to 100 gallons per capita per day, 0.2 pounds of BOD per capita per day, and 0.17 pounds of TSS per capita per day. (19) Discharge. The discharge or the introduction of pollutants into the municipal wastewater system from any non-domestic source regulated under Section 307 or of the Act. (20) Environmental Protection Agency or U.S. EPA. The U.S. Environmental ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 9 Protection Agency or, where appropriate, the term may also be used as a designation for the Administrator, or the Regional Water Management Division Director, or other duly authorized official of said agency. (21) Existing Source. Any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards under section 307 and (33 U.S.C. 1317) of the Act which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. (22) Existing User. Any non-categorical user which was discharging wastewater prior to the effective date of this Ordinance. (23) Grab Sample. A sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes. (24) Holding Tank Waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. (25) Indirect Discharge or Discharge. The introduction of pollutants into the POTW from any nondomestic source. (26) Industrial User. Any person engaged in an industry, especially manufacturing, that is a source of discharge. (27) Industrial Waste Coordinator. The person designated by the City to carry out certain duties and responsibilities associated with the pretreatment program. This person is the duly authorized representative of the Superintendent/Supervisor in accordance with Section 1.3 (65) of this ordinance. (28) Industrial Wastewater. A non-domestic wastewater originating from a nonresidential source. (29) Infiltration. Any water other than wastewater which enters the sewage treatment system (including service connections) from the ground, typically from broken pipes, or defective joints in pipes and manhole walls. (30) Inflow. Any water from storm water runoff which directly enters the sewage system during or immediately after rainfall. Typical points of entry include, but are not limited to, connections with roof and area drains, storm drain connections, holes in manhole covers in flooded streets, cooling water discharges, catch basins, and drainage from springs and swampy areas. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 10 (31) Instantaneous Limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. (32) Interference. A discharge which, alone or in conjunction with a discharge or discharges from other sources: A. Inhibits or disrupts the municipal wastewater system, its treatment processes or operations, or its sludge processes, use or disposal; and/or B. Is a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): 1. Section 405 of the Clean Water Act (CWA); 2. The Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA); 3. State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA); 4. The Clean Air Act; 5. The Toxic Substances Control Act; 6. The Marine Protection Research and Sanctuaries Act. (33) Local Limits / Specific Pollutant Limitations. Enforceable local requirements developed by POTWs to address federal standards as well as state and local regulations. (34) Maximum Allowable Discharge Limit. The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event. (35) Medical Waste. Isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 11 (36) Average. The sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month. (37) Average Limit. The highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month. (38) Municipal Wastewater System or System. A "treatment works" as defined in Section 212 of the Act, (33 U.S.C. 1292) which is owned by the State or municipality. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which convey wastewater to a treatment plant. The term also means the municipal entity having the responsibility for the operation and maintenance of the system. (39) National Pretreatment Standard. National pretreatment standard is defined in 40 CFR 304.3(l) as any regulation containing pollutant discharge limits promulgated by EPA under Section 307 and of the Clean Water Act applicable to industrial users, including the general and specific prohibitions found in 40 CFR 403.5 and (40) New Source. A. Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under Section 307 of the Act which will be applicable to such source if such Standards are thereafter promulgated in accordance with that section, provided that: 1. The building, structure, facility or installation is constructed at a site at which no other source is located; or 2. The building, structure, facility or installation completely replaces the process or production equipment that causes the discharge of pollutants at an existing source; or 3. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site in determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 12 B. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraphs 1, 2, 3 of this section but otherwise alters, replaces, or adds to existing process or production equipment. C. Construction of a new source as defined under this paragraph has commenced if the owner or operator has: 1. Begun, or caused to begin as part of a continuous on-site construction program; Any placement, assembly, or installation of facilities or equipment; or Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new sources facilities or equipment; or 2. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contacts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. (41) Noncontact Cooling Water. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product. (42) Non-domestic Pollutants. Any substances other than human excrement and household gray water (shower, dish washing operations, etc.). Non-domestic pollutants include the characteristics of the wastewater pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, odor). (43) Pass Through. A discharge which exits the treatment plant effluent into waters of the U.S. in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit (including an increase in the magnitude or duration of a violation). ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 13 (44) Permittee. A person or user issued a wastewater discharge permit. (45) Person. Any individual, partnership, CO-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This includes all Federal, state, or local governmental entities. (46) pH. The logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter of solution. (47) Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and agricultural wastes, anything that contaminates. (48) Pretreatment or Treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of introducing such pollutants into the municipal wastewater system. This reduction or alteration may be obtained by physical, chemical or biological processes, by process changes or by other means. (49) Pretreatment Requirement. Any substantive or procedural requirements related to pretreatment, other than national pretreatment standards, imposed on an industrial user. (50) Pretreatment Standards or Standards. Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits. (51) Prohibited Discharge Standard or Prohibited Discharges. Absolute prohibitions against the discharge of certain types or characteristics of wastewater as established by EPA, DEQ and/or the Superintendent/Supervisor. (52) Publicly Owned Treatment Works or POTW. A treatment works, as defined by section 212 of the Act (33 U.S.C. section 1292), which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant. (53) Receiving Stream or Waters of the State. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 14 public or private, which are contained within, flow through, or border upon the State of Oregon or any portion thereof. (54) Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. (55) Sewage, Domestic. Human excrement and gray water (household toilets, showers, dishwashing operations, etc.). (56) Sewer. Any pipe, conduit ditch, or other conveyance device used to collect and transport sewage from the generating source. (57) Shall, May. “Shall” is mandatory, “May” is permissive. (58) Significant Industrial User. A. Except as provided in paragraph B of this section the term Significant Industrial User means: 1. All industrial users subject to categorical pretreatment standards under 40 CFR § 403.6 and 40 CFR § chapter I, subchapter N; and 2. Any other industrial user that: discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blow down wastewater); contributes a process waste stream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the Control Authority as defined in 40 CFR § 403.3(f) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement in accordance with 40 CFR § 403.8(f)(6). B. Upon a finding that an industrial user meeting the criteria in paragraph A. 2. of this section has no reasonable potential for adversely affecting the municipal waste water system's operation or for violating any pretreatment standard or requirement, the Control Authority (as defined in 40 CFR § 403.3 may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR § 403.8(f)(6), determine that such industrial user is not a significant industrial user. (59) Slug Load. Any pollutant (including BOD) released in a non-routine, episodic, or non-customary batch discharge at a flow rate and/or ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 15 concentration which has the potential to cause Interference or Pass Through or in any way violate the specific discharge prohibitions in Section 2 of this Ordinance. (60) Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget. (61) State. State of Oregon (62) Storm Water. Any flow during, following or resulting from any form of natural precipitation, including snow melt. (63) Suspended Solids or Total Suspended Solids (TSS). The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering. (64) Superintendent or Supervisor. (Wastewater Superintendent or Supervisor). The person designated by the City to supervise the operation of the municipal wastewater treatment system and who is charged with certain duties and responsibilities by this article or his duly authorized representative. (65) Toxic Pollutant. One of the pollutants or combination of those pollutants listed as toxic in regulations promulgated by the Environmental Protection Agency under the provision of Section 307 (33 U.S.C. 1317) of the Act. (66) Treatment Plant. That portion of the municipal wastewater system designed to provide treatment of sewage and industrial waste. (67) Treatment Plant Effluent. Any discharge of pollutants from the municipal wastewater system into waters of the state. (68) User. Any person who contributes, or causes or allows the contribution of sewage or industrial wastewater into the municipal wastewater system, including persons who contribute such wastes from mobile sources. (69) Violation. Shall have occurred when any requirement of this ordinance has not been met; or when a written request of the Superintendent/Supervisor, made under the authority of this ordinance, is not met within the specified time; or when a condition of a permit or contract issued under the authority of this ordinance is not met within the specified time; or when permitted effluent limitations are exceeded, regardless of intent or accident; or when false information has been provided by the discharger. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 16 (70) Wastewater. The liquid and water-carried industrial wastes, or sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which is contributed to the municipal wastewater system. (71) Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste. (72) Wastewater Discharge Permit (Industrial Wastewater Discharge Permit). An authorization or equivalent control document issued by the City to users discharging wastewater to the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this Ordinance. This ordinance is gender neutral and the masculine gender shall include the feminine and vice versa. Shall is mandatory; may is permissive or discretionary. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use. 1.4 Abbreviations The following abbreviations shall have the designated meanings: - BOD Biochemical Oxygen Demand - BMP Best Management Practice - BMR Baseline Monitoring Report - CFR Code of Federal Regulations - CIU Categorical Industrial User - COD Chemical Oxygen Demand - DEQ Oregon Department of Environmental Quality - EPA U.S. Environmental Protection Agency - GPD Gallons Per Day - IU Industrial User - IWA Industrial Waste Acceptance - L Liter - LEL Lower Explosive Limit - mg Milligrams - mg/L Milligrams per liter - NPDES National Pollutant Discharge Elimination System - NDCIU Non-Discharging Categorical Industrial User - O&M Operation and Maintenance - POTW Publicly Owned Treatment Works - RCRA Resource Conservation and Recovery Act - SIC Standard Industrial Classification - SIU Significant Industrial User - SNC Significant Noncompliance ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 17 - SP/SCP Spill Prevention/Slug Control Plan - SWDA Solid Waste Disposal Act (42 U.S.C. 6901) - TSS Total Suspended Solids - USC United States Code SECTION 2 - GENERAL SEWER USE REQUIREMENTS 2.1 Prohibited Discharge Standards A. General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes Pass Through or Interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical Pretreatment Standards or any other National, State, or local Pretreatment Standards or Requirements. B. Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater: Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the municipal wastewater system. Included in this prohibition are waste streams with a closed cup flash point of less than 140Po P F (60Po P C) using the test methods prescribed in 40 CFR 261.21. Any wastewater from a grab sample having a pH less than 5.5 su (standard units) or more than 10.0 su, or which may otherwise cause corrosive structural damage to the system, city personnel or equipment. IUs using continuous pH monitoring devices are prohibited from discharge when: a. The total time pH values are outside the range of 5.5 su to 10.0 su exceeds 7 hours and 26 minutes in any calendar month. In no case shall the pH fall below 5.0 su, or become equal to 12.5 su or above (greater than or equal to 12.5 su). b. No individual excursion from pH range of 5.5 su to 10.0 su shall exceed 60 minutes for any single duration. In no case shall the pH fall below 5.0 su, or become equal to 12.5 su or above (greater than or equal to 12.5 su). Solid or viscous substances in amounts which will cause interference with the flow in a sewer but in no case solids greater than one-half inch (1/2) in any dimension. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 18 Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause Interference with the POTW; Any wastewater having temperature greater than 150Po P F (65Po P or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104Po P F (40Po P Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause Interference or Pass Through; Any pollutants which result in the presence of toxic gases, vapor or fumes within the system in a quantity that may cause worker health and safety problems. Any hauled pollutants, except at discharge points designated by the City in accordance with Section 3.6 of this Ordinance. Any noxious or malodorous liquids, gases, or solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair. (10) Any wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plants effluent thereby violating the City's NPDES permit. (11) Any wastewater containing any radioactive waste or isotopes except as specifically approved by the Supervisor in compliance with applicable State and Federal regulations. (12) Storm water, surface water, groundwater, artisan well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, cooling water and unpolluted industrial wastewater, unless specifically authorized by the Superintendent/Supervisor. (13) Any sludge, screening, or other residues from the pretreatment of industrial wastes. (14) Any medical waste, except as specifically authorized by the Superintendent/Supervisor in a wastewater permit. (15) Any wastewater causing the treatment plant effluent to demonstrate toxicity to test species during a bio-monitoring evaluation. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 19 (16) Any waste containing detergents, surface active agents, or other substances which may cause excessive foaming in the municipal wastewater system. (17) Fats, oils, or grease of animal or vegetable origin in concentrations greater than 100 mg/L. (18) Any substance which may cause the treatment plant effluent or any other residues, sludge, or scum, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the system cause the City to be in noncompliance with sludge use or disposal regulations or permits issued under Section 405 of the Act; the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or other State requirements applicable to the sludge use and disposal practices being used by the City. (19) Any material containing ammonia, ammonia salts, or other chelating agents which will produce metallic complexes that interfere with the municipal wastewater system. (20) Any material identified as hazardous waste according to 40 CFR Part 261 except as specifically authorized by the Wastewater Superintendent/Supervisor. (21) Recognizable portions of the human body or animal anatomy. (22) The use of emulsifiers, enzymes, bacterial additives, biological products, digestive agents, or other chemical agents to dissolve fats, oils and greases (FOG) is specifically prohibited. Waste prohibited by this section shall not be processed or stored in such a manner that these wastes could be discharged to the municipal wastewater system. 2.2 Federal Categorical Pretreatment Standards Users subject to categorical pretreatment standards are required to comply with applicable standards set out in 40 CFR Chapter 1, Subchapter N, Parts 405-471 and incorporated herein. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Wastewater Superintendent/Supervisor may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c). When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the Wastewater ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 20 Superintendent/Supervisor may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual Industrial users. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Wastewater Superintendent/Supervisor shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e). A user may obtain a variance from categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard. A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. 2.3 State Requirements Users are required to comply with applicable State pretreatment standards and requirements set out in OAR Chapter 340 and incorporated herein. 2.4 "Local Limits" Specific Pollutant Limitations No person (user) shall discharge wastewater containing restricted substances into the municipal wastewater system in excess of limitations specified in its Wastewater Discharge Permit or published by the Wastewater Superintendent/Supervisor. The more stringent of either the categorical standards or the specific pollutant limitations "Local Limits" for a given pollutant will be placed in the permit. The Wastewater Superintendent/Supervisor shall publish and revise from time to time standards for specific restricted substances "Local Limits". These standards will be adopted or rejected through resolution by the City Council. These standards shall be developed in accordance with 40 CFR Section 403.5 and shall implement the objectives of this ordinance. Standards published in accordance with this section will be deemed Pretreatment Standards for the purposes of Section 307 of the Act. At the discretion of the Wastewater Superintendent, mass or permit specific limitations may be imposed in addition to or in place of the concentration based limitations referenced above. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 21 2.5 City's Right to Revision The City reserves the right to establish, by ordinance or in wastewater permits, more stringent limitations or requirements for discharge to the municipal wastewater system if deemed necessary to comply with the objectives presented in Section 1.1 of this Ordinance or the general and specific prohibitions in Section 2.1 of this Ordinance. 2.6 Special Agreement The City reserves the right to enter into special agreements with users setting out special terms under which the industrial user may discharge to the system. In no case will a special agreement waive compliance with a pretreatment standard. However, the industrial user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. Industrial users may also request a variance from the categorical pretreatment standard from US EPA. Such a request shall be approved only if the user can prove that factors relating to its discharge are fundamentally different from the factors considered by US EPA when establishing that pretreatment standard. An industrial user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR 403.13. 2.7 Dilution No user shall ever increase the use of process water, or in any way attempt to dilute, a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard, or any other pollutant- specific limitation developed by the City. 2.8 Deadline for Compliance with Categorical Standards Compliance by existing sources with categorical pretreatment standards shall be within three years of the date the standard is effective unless a shorter compliance time is specified in the appropriate subpart of 40 CFR Chapter I Subchapter N. New sources shall install and have in operating condition, and shall start-up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time (not to exceed 90 days), new sources must meet all applicable pretreatment standards. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 22 2.9 Inflow and Infiltration All property owners and responsible users identified by the City as contributors to excessive or improper infiltration or inflow into the treatment works shall be advised of their infiltration or inflow problems. All such properties shall be provided a 180-day grace period in which to correct the identified infiltration and inflow problems, said 180-day grace period to extend from the date of notification. By the end of the 180-day grace period, each property owner shall notify the City that corrective actions have been taken or are in progress, and describe the actions being taken. A property owner failing to notify the City of corrective actions prior to the end of the 180-day grace period shall be subject to termination of service without further notice, and water service shall be immediately discontinued and shut off until the violations shall have been corrected in accordance to federal, state, and City regulations. If any excessive infiltration or inflow into the treatment works shall continue beyond the 180-day grace period, it is hereby declared that such continuing infiltration or inflow is a public nuisance. The City Public Works Director shall have the right to abate such a public nuisance, to enter upon any private property within the City for such a purpose, and to assess the cost of such abatement as a lien against the property upon which such infiltration and inflow occurs. An administration fee of $350.00 dollars or 5% of the cost, whichever is greater, shall be assessed by the City Public Works Director in addition to all cost of abatement. The assessment of all cost shall be levied by the filing of a statement of such costs together with the description of the property or properties to be assessed and the name of the owner(s) thereof with the City Recorder. SECTION 3 - PRETREATMENT OF WASTEWATER 3.1 Pretreatment Facilities Industrial users shall provide necessary wastewater treatment as required to comply with this Ordinance and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in Section 2 above, within the time limitations specified by the Superintendent/Supervisor. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the City under the provisions of this Ordinance. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 23 3.2 Additional Pretreatment Measures Whenever deemed necessary, the Superintendent/Supervisor may require industrial users to restrict the industrial user's discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the municipal wastewater system and determine the industrial user's compliance with the requirements of this Ordinance. Each person discharging, into the municipal wastewater system greater than 100,000 gallons per day or greater than five percent of the average daily flow in the system, whichever is lesser, may be required by the Superintendent/Supervisor to install and maintain, on his property and at his expense, a suitable storable and flow control facility to ensure equalization of flow over a twenty-four (24) hour period. The facility shall have a capacity for at least fifty percent (50%) of the daily discharge volume and shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the Superintendent/Supervisor. A wastewater permit may be issued solely for flow equalization. Grease, oil and sand interceptors shall be provided, when, in the opinion of the Superintendent/Supervisor, they are necessary for the proper handling of wastewater containing excessive amounts of grease, flammable substances, sand, or other harmful substances; except that such interceptors shall not be required for residential users. All interceptor units shall be of type and capacity approved by the Superintendent/Supervisor and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the owner, at his expense. Industrial users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. 3.3 Spill Prevention and Slug Control Plans The Superintendent/Supervisor may require any user to develop and implement a Spill Prevention/Slug Control Plan (SP/SCP). Where deemed necessary by the City, facilities to prevent accidental spills or slug discharges of pollutants shall be provided and maintained at the user’s expense. A spill prevention/slug control plan (SP/SCP) showing facilities and operating procedures providing this protection shall be submitted to the City for review and approval before implementation. The City shall determine which user is required to develop a plan and require said plan to be submitted within 90 ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 24 days after notification by the City. Each user shall implement its SP/SCP as submitted or as modified after such plan has been reviewed and approved by the City. Review and approval of such plans and operating procedures by the City shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this Ordinance. The plan shall be posted and available for inspection at the facility during normal business hours. Any user required to develop and implement a spill prevention/slug control plan shall submit a plan which addresses, at a minimum, the following: A. Description of discharge practices, including non-routine batch discharges; B. Description of stored chemicals; C. Procedures for immediately notifying the POTW of any spill or slug discharge. Such notification must also be given for any discharge which would violate any standards in Section 2.1 through 2.4 of this Ordinance, including any discharge that would violate a prohibition under 40 CFR 403.5(b), or as required by Section 6.6 of this Ordinance; and D. Procedures to prevent adverse impact from any spill or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and or measures and equipment for emergency response. Users shall notify the City Wastewater Treatment Plant immediately after the occurrence of a spill or slug discharge of substances regulated by this Ordinance. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any affected user shall be liable for any expense, loss, or damage to the POTW, in addition to the amount of any fines imposed on the City on account thereof under State or Federal law. Within five days following a spill or slug discharge, the user shall submit to the City a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property nor shall such notification relieve the user of any fines, civil ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 25 penalties, or other liability which may be imposed by this Ordinance or other applicable law. Signs shall be permanently posted in conspicuous places on the user’s premises advising employees whom to call in the event of a spill or slug discharge. Employers shall instruct all employees who may cause or discover such discharge with respect to emergency notification procedures. Preventive Measures: If any user has a spill or uncontrolled discharge of prohibited or restricted substances into the City sewer system, the Superintendent/Supervisor may require the user's spill prevention and slug control plan to be resubmitted, with revisions, in order to fully comply with the requirements of this Ordinance. The Wastewater Superintendent/Supervisor may also require the industrial user to install, modify equipment and/or make other changes necessary to prevent such discharge as a condition of issuance of an Industrial Wastewater Discharge Permit or as a condition of continued discharge into the City sewer system. The Superintendent/Supervisor may establish a schedule of compliance for construction completion. The Superintendent/Supervisor may require connections or entry points which could allow spills or uncontrolled discharges of prohibited or restricted substances to enter the City sewer system to be eliminated, labeled, or controlled, so as to prevent the entry of wastes in violation of this Ordinance. 3.4 Tenant Responsibility Any person who shall occupy an industrial user's premises as a tenant under any rental or lease agreement shall be jointly and severally responsible for compliance with the provisions of this Ordinance in the same manner as the Owner. 3.5 Separation of Domestic and Industrial Waste Streams All domestic waste streams (from rest rooms, showers, drinking fountains, etc.) unless specifically included as part of a categorical pretreatment standard, shall be kept separate from all industrial wastewaters until the industrial wastewaters have passed through a required pretreatment system and the industrial user's monitoring facility. When directed to do so by the Superintendent/Supervisor, industrial users must separate existing domestic waste streams. 3.6 Hauled Wastewater Septic tank waste (septage) will be accepted into the municipal ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 26 wastewater system at a designated receiving structure within the POTW area, and at such times as are established by the Superintendent/Supervisor, provided such wastes do not contain toxic or hazardous pollutants, and provided such discharge does not violate any other requirements established by the City. Permits for individual vehicles to use such facilities shall be issued by the Superintendent/Supervisor. All waste haulers, regardless of the origin of the hauled wastes, shall be considered "industrial users" for the purposes of this ordinance and required to apply for a waste hauler permit. The discharge of domestic septage wastes from commercial or industrial sites requires prior approval of the Superintendent/Supervisor. The Superintendent/Supervisor shall have authority to prohibit the disposal of such wastes, if such disposal would interfere with the treatment plant operation. Fees for the discharge of septage will be established as part of the user fee system as authorized in Section 14. 3.7 Vandalism No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the municipal wastewater system. Any person found in violation of this requirement shall be subject to the sanctions set out in Section 10. 3.8 Grease Interceptors The City may inspect grease interceptors traps, oil/water separators) to ensure proper installation and maintenance. Users may be required to reimburse the City for cleaning and additional maintenance of public sewer mains due to discharge of grease caused by noncompliance with these rules and regulations. In the event the City, during routine line maintenance, discovers an accumulation of grease in a public line sufficient to restrict the normal flow of waste, upstream IUs shall be inspected. When the City determines which user was responsible for the grease or oil discharge, the user may be required to cease discharge of the prohibited waste, install an interceptor, maintain the interceptor, and may be charged for the cost of cleaning the line. Other Interceptors: Dischargers who operate automatic and coin- operated laundries, car washes, filling stations, commercial garages or similar businesses having any type of washing facilities (including pressure washing and steam cleaning) or any other dischargers ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 27 producing grit, sand, oils, lint, or other materials which have the potential of causing partial or complete obstruction of the building side sewer or other areas in the POTW shall, upon order of the Superintendent/Supervisor, install approved interceptors, oil/water separators, or tanks in accordance with specifications adopted by the City of Woodburn such that excessive amounts of oil, sand and inert solids are effectively prevented from entering the POTW. Installation and Maintenance: All grease interceptors, oil/water separators, settling tanks and grit traps shall be properly installed, maintained and operated by the discharger at his own expense. The installation shall be kept in continuous operation at all times, and shall be maintained to provide efficient operation. Cleaning must be performed by a service contractor qualified to perform such cleaning, or in a manner approved by the Superintendent/Supervisor. All material removed shall be disposed of in accordance with all state and federal regulations. SECTION 4 - WASTEWATER PERMIT ELIGIBILITY 4.1 Wastewater Survey When requested by the City of Woodburn all industrial users must submit information on the nature and characteristics of their wastewater by completing a Nonresidential Wastewater Discharge Survey form prior to commencing their discharge. The Superintendent/Supervisor is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be considered a violation of this ordinance and subjects the industrial user to the sanctions set out in Section 10. 4.2 Wastewater Permit Requirement It shall be unlawful for significant industrial users to discharge wastewater into the City's sanitary sewer system without first obtaining a wastewater permit from the Superintendent/Supervisor. Any violation of the terms and conditions of wastewater permit shall be deemed a violation of this Ordinance and subjects the industrial user to the sanctions set out in Section 10. Obtaining a wastewater permit does not relieve a permittee of its obligation to obtain other permits required by Federal, State or local law. The Superintendent/Supervisor may require other non-domestic users, including liquid waste haulers, to obtain wastewater permits as necessary to carry out the purposes of this chapter. 4.3 Permitting Existing Connections Any significant industrial user, without a current industrial waste discharge permit, which discharges industrial waste into the municipal wastewater ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 28 system prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to the City for a wastewater permit in accordance with Section 4.6, and shall not cause or allow discharges to the system to continue after one hundred eighty (180) days of the effective date of this Ordinance except in accordance with a permit issued by the Superintendent/Supervisor. 4.4 Permitting New Connections Any significant industrial user proposing to begin or recommence discharging industrial wastes into the municipal wastewater system must obtain a wastewater permit prior to beginning or recommencing such discharge. An application for this permit must be filed at least ninety (90) days prior to the anticipated start up date. 4.5 Permitting Extra-Jurisdictional Industrial Users Any existing significant industrial user located beyond the City limits shall submit a permit application, in accordance with Section 4.6 below, within ninety (90) days of the effective date of this Ordinance. New significant industrial users located beyond the City limits shall submit such applications to the Superintendent/Supervisor ninety (90) days prior to any proposed discharge into the municipal system. Upon review of such application, the Superintendent/Supervisor may enter into a contract with the industrial user which requires the industrial user to subject itself to and abide by this Chapter, including all permitting, compliance monitoring, reporting, and enforcement provisions herein. Alternately, the Superintendent/Supervisor may enter into an agreement with the neighboring jurisdiction in which the significant industrial user is located to provide for the implementation and enforcement of pretreatment program requirements against said user. 4.6 Wastewater Permit Application Contents In order to be considered for a wastewater permit, all industrial users required to have a permit must submit the following information on an application form approved by the Superintendent/Supervisor. Name, mailing address, and location (if different from mailing address); Environmental control permits held by or for the facility; Standard Industrial Classification (SIC) and/or North American Industrial Classification System (NAICS) codes for pretreatment the industry as a whole and any processes for which categorical pretreatment standards have been promulgated. Description of activities, facilities, and plant processes on the premises, ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 29 including a list of all raw materials and chemicals used at the facility which are or could accidentally or intentionally be discharged to the municipal system; Number and type of employees, and hours of operation, and proposed or actual hours of operation of pretreatment system. Each product by type, amount, process or processes and rate of production; Type and amount of raw materials process (average and maximum per day); The site plans, floor plans and mechanical and plumbing plans and details to show all sewers, floor drains, and appurtenances by size, location and elevation, and all points of discharge; Time and duration of the discharge; (10) Measured average daily and maximum daily flow, in gallons per day, to the municipal system from regulated process streams and other streams as necessary to use the combined wastestream formula in 40 CFR 403.6(e); (11) Daily maximum, daily average, and average wastewater flow rates, including daily, and seasonable variations, if any; (12) Wastewater constituents and characteristics, including any pollutants in the discharge which are limited by Federal, State, and local standards, pretreatment standards applicable to each regulated process; and nature and concentration (or mass if pretreatment standard requires) of regulated pollutant in each regulated process (daily maximum and average concentration or mass when required by a pretreatment standard). Sampling and analysis shall be undertaken in accordance with 40 CFR Part 136, and certified that sampling is representative of normal work cycles and expected pollutant discharges. (13) A statement reviewed by an authorized representative of the user and certified to by a qualified professional indicating whether or not the pretreatment standards are being met on a consistent basis, and if not, what additional pretreatment is necessary. (14) If additional pretreatment and/or O&M will be required to meet the standards, then the industrial user shall indicate the shortest time schedule necessary to accomplish installation or adoption of such additional treatment and/or O&M. The completion date in this schedule shall not be longer than the compliance date established for ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 30 the applicable pretreatment standard. The following conditions apply to this schedule; A. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, beginning operation, and conducting routine operation). No increment referred to above shall exceed nine months nor shall the total compliance period exceed thirty-six (36) months. B. No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent/Supervisor including, at a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the Superintendent/Supervisor. (15) Any other information as may be deemed by the Superintendent/Supervisor to be necessary to evaluate the permit application. (16) A new source discharger may provide estimates as to the character and volume of pollutants described in 4.6 (10)(11)(12). Incomplete or inaccurate applications shall not be processed and shall be returned to the industrial user for revision. 4.7 Application Signatories and Certification All permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user. "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 31 complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." If the designation of an Authorized Representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this Section must be submitted to the Superintendent/Supervisor prior to or together with any reports to be signed by an Authorized Representative. 4.8 Wastewater Permit Decision The Superintendent/Supervisor will evaluate the data furnished by the industrial user and may require additional information. Within sixty (60) days of receipt of a complete permit application, the Superintendent/Supervisor will determine whether or not to issue a wastewater permit. If no determination is made within this time period, the application will be deemed denied. If any waters or wastes are discharged, or area proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 2, and which in the judgment of the Superintendent/Supervisor, may have a deleterious effect upon the municipal treatment system, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent/Supervisor may take any of the following actions: Reject the wastes; Require pretreatment to an acceptable condition for discharge to the public sewers; Require control over the quantities and rates of discharge, and/or; Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges. SECTION 5 - WASTEWATER PERMIT ISSUANCE PROCESS 5.1 Wastewater Permit Duration Permits shall be issued for a specific time period, not to exceed five years. A permit may be issued for a period less than five years, at the discretion of the Superintendent/Supervisor. Each permit shall indicate a specific date upon which it will expire. 5.2 Wastewater Permit Contents ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 32 Wastewater permit shall include such conditions as are reasonably deemed necessary by the Superintendent/Supervisor to prevent Pass Through or Interference and to implement the objectives of this Ordinance. Wastewater Permits shall contain the following conditions: A. A statement that indicates permit duration, which in no event shall exceed 5 years. B. A statement that the permit is nontransferable without prior notification to and approval from the City and provisions for furnishing the new owner or operator with a copy of the existing permit. C. Effluent limits including Best Management Practices, based on applicable Pretreatment standards in Federal, State and local law. D. Self monitoring, sampling, reporting, notification and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State and local law. E. Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable federal deadlines. F. Requirements to control Slug Discharge, if determined by the Superintendent/Supervisor to be necessary. G. Requirements for immediate reporting of any instance of noncompliance and for automatic re-sampling and reporting within thirty (30) days where self-monitoring indicates a violation(s). H. Requirements for prior notification and approval by the Superintendent/Supervisor of any new introduction of wastewater pollutants or of any change in the volume or character of the wastewater prior to introduction in the system. I. Requirements for immediate notification of excessive, accidental, or slug discharges, or any discharge which could cause any problems to the system. Permits also may contain, but need not be limited to, the following: ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 33 A. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulations and equalization. B. Limits on the instantaneous, daily and average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties. C. Requirements for the installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works. D. Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges. E. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the municipal wastewater system. F. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the system. G. Requirements for installation and maintenance of inspection and sampling facilities and equipment. H. Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules. I. Compliance schedules for meeting pretreatment standards and requirements. J. Requirements for submission of periodic self-monitoring or special notification reports. K. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified in Section 6.12 and affording the Superintendent/Supervisor, or his representatives, access thereto. L. Requirements for the prior notification and approval by the Superintendent/Supervisor of any change in the manufacturing and/or pretreatment process used by the permittee. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 34 M. A statement that compliance with permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the permit. N. Other conditions as deemed appropriate by the Superintendent/Supervisor to ensure compliance with this ordinance, and State and Federal laws, rules, and regulations; the term of the permit. 5.3 Wastewater Permit Appeals Any person including the industrial user may petition the Superintendent/Supervisor to reconsider the terms of the permit within ten (10) days of the issuance of the final permit. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal. In its petition, the appealing party must indicate the permit provisions objected to, the reasons for this objection, and the alternative conditions, if any, it seeks to place in the permit. The effectiveness of the permit shall not be stayed pending the appeal. If the Superintendent/Supervisor fails to act within fifteen (15) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purpose of judicial review. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by petitioning for a Writ of Review in the Marion County Circuit Court, pursuant to ORS Chapter 34, within sixty (60) days of the final administrative decision. 5.4 Wastewater Permit Modifications The Superintendent/Supervisor may modify the permit for good cause including, but not limited to, the following: To incorporate any new or revised federal, state, or local pretreatment standards or requirements. To address significant alterations or additions to the industrial user's operation, processes, or wastewater volume or character since the time of permit issuance. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 35 A change in the municipal wastewater system that requires either a temporary or permanent reduction or elimination of the authorized discharge. Information indicating that the permitted discharge poses a threat to the City's municipal wastewater system, City personnel, or the receiving waters. Violation of any terms or conditions of the wastewater permit. Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting. Revisions of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13. To correct typographical or other errors in the permit. To reflect a transfer of the facility ownership and/or operation to a new owner/operator. The filing of a request by the permittee for a permit modification does not stay any permit condition. 5.5 Wastewater Permit Transfer Permits may be reassigned or transferred to a new owner and/or operator with prior approval of the Superintendent/Supervisor if the permittee gives at least thirty (30) days advance notice to the Superintendent/Supervisor. The notice must include provision for furnishing the new owner or operator with a copy of the existing permit and a written certification by the new owner which: States that the new owner has no immediate intent to change the facility's operations and processes. Identifies the specific date on which the transfer is to occur. Acknowledges full responsibility for complying with the existing permit. Failure to provide advance notice of a transfer renders the wastewater permit terminated. 5.6 Wastewater Permit Revocation The Superintendent/Supervisor may revoke a wastewater discharge permit ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 36 for good cause, including, but not limited to, the following reasons: Failure to notify the City of significant changes to the wastewater prior to the changed discharge; Falsifying self-monitoring reports; Tampering with monitoring equipment; Refusing to allow the City timely access to the facility premises and records; Failure to meet effluent limitations; Failure to pay administrative penalties; Failure to pay sewer charges; Failure to meet compliance schedules; Failure to complete a wastewater survey; (10) Failure to provide advance notice of the transfer of a permitted facility; (11) Violations of any pretreatment standard or requirement or any terms of the permit or the ordinance; (12) Failure to provide prior notification to the Superintendent/Supervisor of changed conditions pursuant to Section 6.5 of this Ordinance; (13) Misrepresentation of, or failure to fully disclose all relevant facts in the wastewater discharge permit application; (14) Failure to complete a wastewater discharge permit application; Wastewater discharge permits shall be voidable upon cessation of operations, or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater permit to that user. 5.7 Wastewater Permit Reissuance A user who is required to have a wastewater discharge permit shall apply for a wastewater discharge permit application, in accordance with Section 4.6 of this Ordinance, a minimum of ninety (90) days prior to the expiration of the user’s existing wastewater discharge permit. A user whose existing wastewater discharge permit has expired and who has submitted its re- application in the time period specified herein shall be deemed to have an effective wastewater discharge permit until the City issues or denies the new ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 37 wastewater discharge permit. A user whose existing wastewater discharge permit has expired and who failed to submit its re-application in the time period specified herein will be deemed to be discharging without a wastewater discharge permit. 5.8 Regulation of Wastewater Received from other Jurisdictions If another municipality, or user located within another jurisdiction, contributes wastewater to the municipal wastewater system, the Superintendent/Supervisor shall enter into an intermunicipal or interjurisdictional agreement with the contributing municipality or jurisdiction, or enter into a contract with the user(s), in accordance with requirements specified in the City's pretreatment procedures. All interjurisdictional agreements made with users outside the City’s jurisdiction will be considered a major modification to the City NPDES permit and will require approval from the Department of Environmental Quality. SECTION 6 - REPORTING REQUIREMENTS 6.1 Baseline Monitoring Reports Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the municipal system shall be required to submit to the City a report which contains the information listed in paragraph 6.1(1), below. At least ninety (90) days prior to commencement of their discharge, new sources, including existing users which have changed their operation or processes so as to become new sources, shall be required to submit to the City a report which contains the information listed in paragraph 6.1(1). A new source shall also be required to report the method it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged. The information required by this section includes: Identifying Information The user shall submit the name and address of the facility including the name of the operator and owners; Permits The user shall submit a list of any environmental control permits held by or for the facility; Description of Operation The user shall submit a brief description of the nature, average rate of production, and standard ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 38 industrial classifications of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the system from the regulated processes; Flow Measurement The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the system from regulated process streams and other streams as necessary to allow use of the combined wastestream formula set out in 40 CFR 403.6 Measurement of Pollutant The industrial user shall identify the categorical pretreatment standards applicable to each regulated process. (ii) In addition, the industrial user shall submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by federal, state or City standards or the Superintendent/Supervisor) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long term average concentrations (or mass, where required by federal, state or City standards or the Superintendent/Supervisor) shall be reported. The sample shall be representative of daily operations and shall be performed in accordance with procedures set out in 40 CFR Part 136. (iii) Samples should be taken immediately from pretreatment facilities if such exist or immediately from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula, in order to evaluate compliance with Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6 This adjusted limit along with supported data shall be submitted to the Control Authority. (iv) Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto. The Control Authority may allow the submission of a Baseline Monitoring Report, which utilizes only historical ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 39 data so long as the data provides information sufficient to determine the need for industrial pretreatment measures. (vi) The baseline report shall indicate the time, date and place, of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharge to the POTW. Special Certification A statement, reviewed by an authorized representative of the industrial user and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operations and maintenance (O&M) and/or additional pretreatment is required in order to meet the pretreatment standards and requirements; and Compliance Schedule If additional pretreatment and/or O&M will be required to meet the pretreatment standards; the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 4.6 (14) of this Ordinance. Signature and Certification All baseline-monitoring reports must be signed and certified in accordance with Section 4.7. 6.2 Compliance Schedule Progress Reports The following conditions shall apply to the compliance schedule required by Section 6.1 of this ordinance: The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, commencing and completing construction, and beginning and conducting routine operation). No increment referred to above shall exceed nine months. The user shall submit a progress report to the Superintendent/Supervisor no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 40 delay, and, if appropriate, the steps being taken by the user to return to the established schedule. In no event shall more than nine months lapse between such progress reports to the Superintendent/Supervisor. 6.3 Reports on Compliance with Categorical Pretreatment Standard Deadline Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater into the municipal (POTW) wastewater system, any user subject to such pretreatment standards and requirements shall submit to the Superintendent/Supervisor a report containing the information described in section 6.1 D-F of this Ordinance. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 4.7. 6.4 Periodic Compliance Reports Any user that is required to have an industrial waste discharge permit and performs self-monitoring shall submit to the City semi-annually on the fifteenth day of June and December, unless required on other dates or more frequently by the City, a report indicating the nature and concentration of pollutants in the discharge which are limited by Pretreatment Standards. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Superintendent/Supervisor or the Pretreatment Standard necessary to determine the compliance of the user. The frequency of monitoring shall be as prescribed within the industrial waste discharge permit. At a minimum, users shall sample their discharge at least twice per year. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge according to 40 CFR 403.12 The report shall include a record of the concentration (and mass if specified in the wastewater discharge permit) of the pollutants listed in the wastewater discharge permit that were measured and a record of all flow measurements (average and maximum) taken at the designated sampling locations and shall also include any additional ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 41 information required by this Ordinance or the wastewater discharge permit. Production data shall be reported if required by the wastewater discharge permit. Both daily maximum and average concentration (or mass, where required) shall be reported. If a user sampled and analyzed more frequently than what was required by the City or by this Ordinance, using methodologies in 40 CFR Part 136, it must submit all results of sampling and analysis of the discharge during the reporting period. Any user subject to equivalent mass or concentration limits established by the City or by unit production limits specified in the applicable categorical standards shall report production data as outlined in Section 6.3. If the City calculated limits to factor out dilution flows or non-regulated flows, the user will be responsible for providing flows from the regulated process flows, dilution flows and non-regulated flows. Flows shall be reported on the basis of actual measurements, provided, however, that the City may accept reports of average and minimum flows estimated by verifiable techniques if the City determines that an actual measurement is not feasible. Discharges sampled shall be representative of the user’s daily operations and samples shall be taken in accordance with the requirements specified in Section 6. The City may require reporting by users that are not required to have an industrial wastewater discharge permit if information or data is needed to establish a sewer charge, determine the treatability of the effluent, or determine any other factor which is related to the operation and maintenance of the sewer system. The City may require self-monitoring by the industrial user or, if requested by the user, may agree to perform the periodic compliance monitoring needed to prepare the periodic compliance report required under this section. If the City agrees to perform such periodic compliance monitoring, it may charge the user for such monitoring, based upon the costs incurred by the City for the sampling and analyses. Any such charges shall be added to the normal sewer charge and shall be payable as part of the sewer bill. The City is under no obligation to perform periodic compliance monitoring for a user. All wastewater samples must be representative of industrial user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge. A. In the event an industrial user's monitoring results indicate a ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 42 violation has occurred, the industrial user shall immediately (within 24 hours of becoming aware of the violation) notify the Superintendent/Supervisor and shall resample its discharge. The industrial user shall report the results of the repeated sampling within thirty (30) days of discovering the first violation. B. The reports shall indicate the time, date, persons, location of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of the normal work cycles and expected pollutant discharges to the city sewer system. All sampling and analysis protocol shall be in accordance with 40 CFR Part 136 and amendments thereto. (10) Reporting requirements for industrial users not subject to categorical pretreatment standards will be according to the requirements established in 40 CFR 403.12 and Section 6.4 of this ordinance. (11) All periodic compliance reports must be signed and certified in accordance with Section 4.7 of this Ordinance. 6.5 Report of Changed Conditions Each industrial user shall notify the Superintendent/Supervisor of any planned significant changes to the industrial user's operations or system which might alter the nature, quality or volume of its wastewater at least 30 days before the change. Notification of any changes in the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR 403.12 must also be reported. The Superintendent/Supervisor may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater permit application under Section 4.6, if necessary. The Superintendent/Supervisor may issue a wastewater permit under Section 4.8 or modify an existing wastewater permit under Section 5.4. No industrial user shall implement the planned changed condition(s) until and unless the Superintendent/Supervisor has responded to the industrial user's notice. For purposes of this requirement, flow or loading increases of twenty (20%) or greater and the discharge of any previously unreported pollutant shall be deemed significant. 6.6 Reports of Potential Problems In the case of an accidental or other discharge which may cause ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 43 potential problems for the municipal wastewater system, it is the responsibility of the user to immediately telephone and notify the City POTW Superintendent/Supervisor of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. Within five days following an accidental discharge, the user shall, unless waived by the Superintendent/Supervisor, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the system, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this ordinance. Significant industrial users are required to notify the Superintendent/Supervisor immediately of any changes at its facility affecting the potential for a Slug Discharge. Failure to notify the City of potential problem discharges shall be deemed a separate violation of this ordinance. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph above. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure. 6.7 Reports from Unpermitted Users All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater permit shall provide appropriate reports to the City as the Superintendent/Supervisor may require. 6.8 Sample Collection Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period. Except as indicated in Section 2 and 3 below, the industrial user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Superintendent/Supervisor. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 44 protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with Instantaneous Limits. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. For sampling required in support of baseline monitoring and 90-day compliance reports required in Section 6.1 and 6.3 [40 CFR 403.12(b) and a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, Superintendent/Supervisor may authorize a lower minimum. For the reports required by paragraphs Section 6.4 (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable Pretreatment Standards and Requirements. Samples that are taken by City personnel for the purposes of determining compliance with the requirements of this Ordinance may be split with the industrial user if requested (or a duplicate sample provided in the instance of fat, oil and grease) if requested before or at the time of sampling. The Superintendent/Supervisor may require an industrial user to install and maintain, at the industrial user's expense, a suitable manhole in the industrial user's branch sewer or other suitable monitoring access to allow observation, sampling and measurement of all industrial wastes being discharged into the City sewer system. It shall be constructed in accordance with plans approved by the Superintendent/Supervisor and shall be designed so that flow measuring and sampling equipment may be conveniently installed. Access to the manhole or monitoring access shall be available to City personnel at all times. 6.9 Analytical Requirements All sample analyses shall be performed in accordance with the procedures set forth in 40 CFR, Part 136 and any amendments thereto or with any other ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 45 test procedures approved by the Administrator of The Environmental Protection Agency. If there are no approved test procedures for a particular pollutant, then analyses shall be performed using other validated procedures approved by the Superintendent/Supervisor and, if the discharge is subject to a Categorical Pretreatment Standard, by the EPA Administrator. 6.10 Monitoring Charges The City may recover the City's expenses incurred in collecting and analyzing samples of the industrial user's discharge by adding the City's expenses to the industrial user's sewer charges. 6.11 Timing Written reports shall be deemed to have been transmitted at the time of deposit, postage prepaid, into a mail facility service by the United States Postal Service. 6.12 Record Keeping Industrial users shall retain, and make available for inspection, and copying, all records and information required to be retained under 40 CFR 403.12(o). These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning compliance with this ordinance, or where the industrial user as been specifically notified of a longer retention period by the Superintendent/Supervisor, DEQ or EPA. 6.13 Reporting of Additional Monitoring If an industrial user subject to the reporting requirements of 40 CFR 403.12(e) or which requires submission of periodic compliance reports, monitors any pollutant more frequently than required by the City, using the procedures prescribed in 40 CFR Part 136, the results of this monitoring shall be included in the report, as required by 40 CFR 403.12(g)(6). 6.14 Notification of Significant Production Change An industrial user operating under a waste discharge permit incorporating equivalent mass or concentration limits calculated from a production based standard shall notify the Superintendent/Supervisor within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the Superintendent/Supervisor of such anticipated change shall be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 46 6.15 Notification of the Discharge of Hazardous Waste Any user who commences the discharge of hazardous waste shall notify the City, the EPA Regional Waste Management Division Director, of any discharge into the municipal wastewater system of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the municipal wastewater system, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 6.5 of this Ordinance. The notification requirement in this Section does not apply to pollutants already reported by industrial users subject to categorical pretreatment standards under the self-monitoring requirements of Sections 6.1, 6.3, and 6.4 of this Ordinance. Industrial users are exempt from the requirements of this paragraph above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous waste, unless the wastes are acute hazardous waste as specified in 40 CFR 261.30 and 261.33 Discharge of more than fifteen (15) kilograms of non-acute hazardous waste in a calendar month, or of any quantity of acute hazardous waste as specified in 40 CFR 261.30 and 261.33 requires a one - time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification. In the case of any new regulations under Section 3001 of the RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Director, the EPA Regional Waste Management Division Director, and DEQ Solid and Hazardous Waste Division Director, of the discharge of such substance within ninety (90) days of the effective date of such regulations. In the case of any notification made under this Section, the user shall certify that it has a program in place to reduce the volume and toxicity ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 47 of hazardous wastes generated to the degree it has determined to be economically practical. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this Ordinance, a permit issued hereunder, or any applicable Federal or State law. SECTION 7 - COMPLIANCE 7.1 Inspection and Sampling Authorized City personnel may inspect and monitor any industrial user of City water and/or sewer services to determine compliance with the requirements of this Ordinance. The industrial user shall allow the City or its authorized representatives to enter upon the premises for the purpose of inspection, sampling, records examination, record copying, and photographic documentation. The City shall also have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. The right of entry includes, but is not limited to, access to those portions of the premises that contain facilities for sampling, measuring, treating, transporting or otherwise handling waste, and storing records, reports or documents relating to the treatment, sampling or discharge of waste. Where a user has security measures in force which require proper identification and clearance before entry into their premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the City, State, and US EPA will be permitted to enter, without delay, for the purposes of performing their official duties. The entry may be made at reasonable times during normal operating or business hours unless an emergency situation exists as determined by the Superintendent/Supervisor; The City may require the industrial user to install monitoring equipment, as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at the industrial user's expense. All devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy. Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be removed by the industrial user at the written or oral request of the Superintendent/Supervisor and shall not be replaced. The costs of clearing such access shall be borne by the industrial user. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 48 Unreasonable delays in allowing City personnel access to the industrial user's premises shall be a violation of this Ordinance. The City may use Digital Photography during an inspection. 7.2 Search Warrants If the Superintendent/Supervisor has been refused access to a building, structure or property or any part thereof, and if the Superintendent/Supervisor has probable cause to believe that there may be a violation to this Ordinance, or that there is a need to inspect as part of a routine inspection program of the city designed to protect the overall public health, safety and welfare of the community, the Superintendent/Supervisor shall contact the City Attorney who may then apply for an administrative search warrant from a court of competent jurisdiction. SECTION 8 - CONFIDENTIAL INFORMATION Information and data on an industrial user obtained from reports, questionnaires, permit applications, permits, and monitoring programs, and from City inspections and sampling activities shall be available to the pubic without restriction unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable State laws. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction. When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the pubic but shall be made available immediately upon request to governmental agencies for uses related to this ordinance, the National Pollutant Discharge Elimination System (NPDES) program, and in enforcement proceedings involving the person furnishing the report. SECTION 9 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE The City shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous twelve (12) months, were in Significant Noncompliance with applicable Pretreatment Standards and Requirements. The ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 49 term Significant Noncompliance shall be applicable to all significant industrial users (or any other industrial user that violates paragraphs or of this Section) and shall mean: Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including Instantaneous Limits as defined in Section 2; Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement including Instantaneous Limits, as defined by Section 2 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH); Any other violation of a Pretreatment Standard or Requirement as defined by Section 2 (Daily Maximum, long-term average, Instantaneous Limit, or narrative standard) that the Superintendent/Supervisor determines has caused, alone or in combination with other discharges, Interference or Pass Through, including endangering the health of POTW personnel or the general public; Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Superintendent/Supervisor exercise of its emergency authority to halt or prevent such a discharge; Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; Failure to provide within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical Pretreatment Standard deadlines, periodic self monitoring reports, and reports on compliance with compliance schedules; Failure to accurately report noncompliance; or Any other violation(s), which may include a violation of Best Management Practices, which the Wastewater Superintendent/Supervisor determines will adversely affect the operation or implementation of the local pretreatment program. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 50 SECTION 10 - ADMINISTRATIVE ENFORCEMENT REMEDIES This Section authorizes the development and implementation of an Enforcement Response Plan, Industrial Sampling/Inspection Procedures Manual, and any modifications or revisions thereof. Administration of fines for noncompliance shall be contained in the City's Enforcement Response Procedure. These procedures shall also establish a general guideline for establishment of a fine schedule. The Superintendent/Supervisor is hereby authorized to adopt rules, procedures and forms to implement the provisions of this chapter. Any user that fails to comply with the requirements of this Ordinance and any rules adopted hereunder or provisions of its industrial waste discharge permit may be subject to enforcement actions as prescribed below in addition to those developed by the Superintendent/Supervisor. 10.1 Industrial User Violation Process Whenever the Superintendent/Supervisor determines that a violation of this Ordinance, any permit issued hereunder, or any order issued by the City pursuant to this Ordinance, has occurred or is taking place, it may initiate enforcement action as provided in this Section. In addition, any enforcement action or remedy provided in state or federal law may be employed. If the Superintendent/Supervisor believes a violation has occurred or is occurring, a representative of the City shall make a reasonable effort to notify the user of the violation. All violations including the first violation shall receive a written Notice of Violation, and may also incur a monetary penalty. All written Notices of Violations shall describe the violation and any potential penalty (monetary or additional pretreatment). The written notice may further require that a response to the violation be submitted to the City within a ten (10) day time period. If a written Notice of Violation requires submittal of a response, the response shall include an explanation of the cause of the violation, a plan for its satisfactory correction and prevention of future such violations, and specific corrective or preventive actions. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the Superintendent/Supervisor to initiate emergency action or other enforcement action without first issuing a Notice of Violation. 10.2 Violation A violation of limitations established under this Ordinance, any applicable federal, state or pretreatment standards, or specific requirements of a discharge permit shall constitute a violation of this Ordinance and shall be cause for enforcement action by the City, including but not limited to levying of administrative penalties as ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 51 described in Section 10 regardless of the intent of the user. Each day of a continuing violation shall constitute a separate offense for purposes of computing the applicable penalty. Whenever the Superintendent/Supervisor finds that any industrial user has violated or is violating this ordinance, a wastewater permit or order issued hereunder, or any other pretreatment requirement, the Superintendent/Supervisor shall cause to be served upon said industrial user a written Notice of Violation. The Notice of Violation shall be delivered to the user's premises or be sent by certified mail to the address of the permit holder on record with the City. 10.3 Violation of Permit Parameters For the maximum daily allowable concentration, if the concentration of any single sample (whether grab or a sample within a series) exceed the limitations, a violation will have occurred. For the average allowable concentration, if the average of all sample(s) (grab or composite) taken exceeds the limitation, a violation will have occurred. One sample collected may constitute a average violation. 10.4 Additional Violation Parameters A violation of this Ordinance shall also be deemed to occur: For noncompliance with any special reporting requirements established by permit, written request of the City, or as specified by general federal Pretreatment Standards (40 CFR 403.12); Pollutants prohibited by this Ordinance are discharged into the City sewer system; Failure to apply for and obtain a permit prior to discharge of industrial wastewater into the system. 10.5 Industrial User Notice to City of Violation If sampling performed by an industrial user indicates a violation, the industrial user shall notify the Superintendent/Supervisor within 24 hours of becoming aware of the violation. The user shall also resample and report the results within 30 days of becoming aware of violation pursuant to 40 CFR 403.12(g)(2). Resampling must continue until it is evident that the discharge is within compliance. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 52 10.6 Consent Order The Superintendent/Supervisor may enter into Consent Orders, assurance of voluntary compliance, or other similar documents establishing an agreement with an industrial user not in compliance with any permit parameter or provision of this ordinance. Such order will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the Order. Consent Orders shall have the same force and effect as administrative orders and upon issuance, such orders shall be judicially enforceable. Use of a Consent Order shall not be a bar against, or prerequisite for, taking any other action against the user. 10.7 Show Cause Hearing The Superintendent/Supervisor may order any user which causes or contributes to violation(s) of this ordinance, wastewater permits or order issued hereunder or any other pretreatment requirement, to appear before the Superintendent/Supervisor and show cause why a proposed enforcement action should not be taken. Notice shall be served on the industrial user specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and an order that the industrial user show cause why this proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the industrial user. Whether or not the industrial user appears at the hearing, the Superintendent/Supervisor may pursue enforcement action following the hearing date. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. 10.8 Compliance Orders When the Superintendent/Supervisor finds that an industrial user has violated or continues to violate the ordinance, permits or orders issued hereunder, or any other pretreatment requirement, an order may be issued to the user directing that, following a specific time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including additional self- monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. In addition to such Compliance Orders, the Superintendent/Supervisor may require additional self-monitoring for at least ninety (90) days after consistent ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 53 compliance has been achieved, after which time the self-monitoring conditions in the discharge permit shall control. Issuance of a Compliance Order shall not be a bar against, or prerequisite for, taking any other action against the user. 10.9 Cease and Desist Orders When the Superintendent/Supervisor finds that an industrial user has violated or continues to violate this ordinance, any permit or order issued hereunder, or any other pretreatment requirement, the Superintendent/Supervisor may issue an order to the industrial user directing it to cease and desist all such violations and directing the user to: Immediately comply with all requirements. Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. 10.10 Administrative Fines When the Superintendent/Supervisor finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other Pretreatment Standard or requirement, the Superintendent/Supervisor may fine such user in an amount not to exceed two thousand five hundred dollars ($2,500.00). Such fines shall be assessed on a per violation, per day basis. In the case of or long term average discharge limits, fines shall be assessed for each day during the period of violation. Unpaid charges, fines and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of twenty percent (20%) of the unpaid balance, and interest shall accrue thereafter at a rate of seven percent per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties. Industrial users desiring to dispute such fines must file a written request for the Superintendent/Supervisor to reconsider the fine along with full payment of the fine amount within fifteen (15) days of being notified of the fine. Where a request has merit, the Superintendent/Supervisor may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the industrial user. The Superintendent/Supervisor may add the cost of preparing administrative enforcement actions, such as notices and orders, to the fine. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 54 10.11 Emergency Suspensions The Superintendent/Supervisor may immediately suspend an industrial user's discharge and the industrial user's wastewater discharge permit, after informal notice to the industrial user, whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Superintendent/Supervisor may also immediately suspend an industrial user's discharge and the industrial user's wastewater discharge permit, after notice and opportunity to respond, that threatens to interfere with the operation of the municipal wastewater treatment system, or which presents or may present an endangerment to the environment. Any industrial user notified of a suspension of its wastewater permit shall immediately stop or eliminate its contribution. In the event of an industrial user's failure to immediately comply voluntarily with the suspension order, the Superintendent/Supervisor shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the system, its receiving stream, or endangerment to any individuals. The Superintendent/Supervisor shall allow the industrial user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent/Supervisor that the period of endangerment has passed, unless the termination proceedings set forth in Section 10.12 are initiated against the user. An industrial user which is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Superintendent/Supervisor prior to the date of any show cause or termination hearing under Section 10.7 and 10.12. 10.12 Termination of Permit In addition to those provisions in Section 5.6 of this Ordinance, any industrial user which violates the following conditions of this Ordinance, wastewater permit, or orders issued hereunder is subject to permit termination: Violation of permit conditions; Failure to accurately report the wastewater constituents and characteristics of its discharge; Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge; ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 55 Refusal of reasonable access to the industrial user's premises for the purpose of inspection, monitoring or sampling; Slug loads causing interference, pass through, or damage to human health, the environment, or the municipal wastewater system; When the facility serviced by the sanitary sewer system is occupied prior to a Certificate of Occupancy being issued; When the facility served by the sanitary sewer system does not comply with the provisions of the City’s “Construction Standards for Public Works Facilities”; When the facility served by the sanitary sewer system does not comply with a condition of approval issued by the City Council, Planning Commission, or Site and Design Review Committee; When the facility served by the sanitary sewer system is improperly connected to a City utility system or is connected without obtaining the required approvals or without paying the required fees and charges; (10) When a user fails to immediately comply with an Administrative Order requiring the immediate halting or elimination of discharge. Non-complying industrial users shall be notified of the proposed termination of their wastewater permit and be offered an opportunity to show cause under Section 10.7 of this ordinance why the proposed action should not be taken. SECTION 11 - JUDICIAL ENFORCEMENT REMEDIES 11.1 Injunctive Relief Whenever an industrial user has violated, threatens to violate, or continues to violate the provisions of this ordinance, permits or orders issued hereunder, or any other pretreatment requirements, the Superintendent/Supervisor may petition the courts for the issuance of a temporary or permanent injunction, as may be appropriate, which restrains or compels the specific performance of the wastewater permit, order, or other requirement imposed by this ordinance on activities of the industrial user. Such other action as may be appropriate for legal and/or equitable relief may also be sought by the City. The Municipal Court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law. 11.2 Civil Penalties Any industrial user which has violated or continues to violate this Ordinance, any order or permit hereunder, or any other pretreatment requirement shall ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 56 be liable to the City for a maximum civil penalty of two thousand five hundred dollars ($2,500) per violation per day. In the case of a or other long term average discharge limit, penalties shall accrue for each calendar day during the period of this violation. The Municipal Court may award reasonable attorney fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City. In determining the amount of civil penalty, the Municipal Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, corrective actions by the industrial user, economic benefit to the user of noncompliance, the compliance history of the user, and any other factors as justice requires. Where appropriate, the City may accept mitigation projects in lieu of the payment of civil penalties where the project provides a valuable service to the City and the industrial user's expense in undertaking the project is at least one hundred and fifty percent (150%) of the civil penalty. 11.3 Criminal Prosecution Any industrial user who willfully or negligently violates any provisions of the ordinance, any orders or permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500) per violation per day or imprisonment for not more than one year, or both. Any industrial user who knowingly makes any false statement, representations or certification in any application, record, report, plan or other documentation filed or required to be maintained pursuant to the ordinance or wastewater permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punished by a fine of not more than two thousand five hundred dollars ($2,500) per violation per day or imprisonment for not more than one year, or both. In the event of a second conviction, the industrial user shall be punishable by a fine not to exceed five thousand dollars ($5,000) per violation per day or imprisonment for not more than three years, or both. 11.4 Remedies Nonexclusive ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 57 A City Enforcement Response Plan will be developed by the Superintendent/Supervisor, in accordance with 40 CFR section 403.8 and submitted to the City Public Works Director for approval. The Superintendent/Supervisor will implement the plan after receiving approval from the City Attorney. The remedies provided for in this ordinance are not exclusive. The Superintendent/Supervisor may take any, all, or any combination of these actions against a noncompliant industrial user. Enforcement of pretreatment violations will be in accordance with the City of Woodburn’s Enforcement Response Plan, however, the Superintendent/Supervisor may take other action against any industrial user when the circumstances warrant. Further, the Superintendent/Supervisor is empowered to take more than one enforcement action against any noncompliant industrial user. SECTION 12 - SUPPLEMENTAL ENFORCEMENT ACTIONS 12.1 Performance Bonds The Superintendent/Supervisor may decline to reissue a permit to any industrial user which has failed to comply with the provisions of this ordinance, any orders, or a previous permit issued hereunder unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Superintendent/Supervisor to be necessary to achieve consistent compliance. 12.2 Liability Insurance The Superintendent/Supervisor may decline to reissue a permit to any industrial user which has failed to comply with the provisions of this Ordinance, any orders, or a previous permit issued hereunder, unless the industrial user first submits proof that it has obtained financial assurance sufficient to restore or repair damage to the municipal wastewater system caused by its discharge. 12.3 Water Supply Severance When an industrial user has violated the provisions of this Ordinance, orders, or permits issued hereunder, water service to the industrial user may be severed by the City and service will only recommence, at the industrial user's expense, after it has satisfactorily demonstrated its ability to comply. 12.4 Public Nuisance Any violation of the prohibitions or effluent limitations of this Ordinance, permits, or orders issued hereunder is hereby declared a public nuisance and shall be corrected or abated as directed by the City Public Works Director or ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 58 his designee. Any person(s) creating a public nuisance shall be subject to the provisions of the City Ordinance # 2338 governing such nuisance, including reimbursing the City for any costs incurred in removing, abating or remedying said nuisance. 12.5 Contractor Listing Subject to other applicable law, industrial users which have not achieved consistent compliance with applicable Pretreatment Standards and requirements are not eligible to receive contract awards for the sale of goods or services to the City. SECTION 13 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS 13.1 Affirmative Defenses A user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions, specific prohibitions and this Ordinance, where the user can demonstrate the requirements established in 40 CFR 403.5 13.2 Upset For the purpose of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. An upset shall be an affirmative defense to an enforcement action brought for noncompliance with categorical Pretreatment Standards and requirement if the following conditions are met: A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: A. The industrial user can identify the cause of the upset; B. The facility was operating in a prudent and workman-like manner at the time of the upset and was in compliance with applicable O&M procedures; and C. The industrial user submits the following information to the ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 59 Superintendent/Supervisor within 24 hours of becoming aware of the upset. If this report is given orally, the user must also submit a written report containing such information within five days unless waived by the Superintendent/Supervisor: i) A description of the discharge and its causes of noncompliance; ii) The period of noncompliance including exact dates and time or, if not corrected, the anticipated time the noncompliance is expected to continue; iii) Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance. In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have burden of proof. Industrial users will have the opportunity for judicial determination on any claim of upset only in an enforcement action for noncompliance with categorical pretreatment standards. Industrial users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. 13.3 General/Specific Prohibitions An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in Section 2.1 first paragraph of this Ordinance or the specific prohibitions in Sections 2.1 (5-11), (13-20) of this ordinance if it can prove that it did not know or have reasons to know that its discharge, alone or in conjunction with discharges from other sources would cause pass through or cause interference and that either: a local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to and during the pass through or interference, or no local limit exists, but the discharge did not change substantially in nature or constituents from the industrial user's prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, in compliance with applicable sludge use or disposal requirements. 13.4 Bypass For the purposes of this section, ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 60 A. "Bypass" means the intentional diversion of waste streams from any portion of a user's treatment facility. B. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. A user may allow any bypass to occur which does not cause Pretreatment Standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs A, B and C of this section. A. If a user knows in advance of the need for a bypass, it shall submit prior notice to the Superintendent/Supervisor, at least ten (10) days before the date of the bypass, if possible. B. A user shall submit oral notice to the Superintendent/Supervisor of an unanticipated bypass that exceeds applicable Pretreatment Standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Superintendent/Supervisor may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours. C. Bypass is prohibited, and the Superintendent/Supervisor may take an enforcement action against a user for bypass, unless i) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; ii) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated waste, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 61 equipment downtime or preventive maintenance; and iii) The user submitted notices required under section 13.2 paragraph C. D. The Superintendent/Supervisor may approve an anticipated bypass, after considering its adverse effects, if the Superintendent/Supervisor determines that it will meet the three conditions listed in section 13.4 paragraph C of this section. SECTION 14 - MISCELLANEOUS PROVISIONS 14.1 Pretreatment Charges and Fees The City may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the City's Pretreatment Program which may include: Fees for permit applications including the cost of processing such applications; Fees for monitoring, inspection and surveillance procedures including the cost of reviewing monitoring reports submitted by industrial users; Fees for reviewing and responding to accidental discharge procedures and construction; Fees for filing appeals; Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this Ordinance and are separate from all other fees, fines and penalties chargeable by the City. 14.2 Severability If any provision of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. 14.3 Conflicts with other Ordinances To the extent that an inconsistency exists between the terms of this ordinance and another existing ordinance, this ordinance shall be deemed to preempt the other ordinance and the terms of this Ordinance shall control. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2556 PAGE 62 SECTION 15 – Repeal of Prior Ordinance Ordinance 2176 is repealed and replaced by this Ordinance. Passed by the Council March 26, 2018 and approved by the Mayor March 27, 2018. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2242 PAGE 1 ORDINANCE NO. 2242 AN ORDINANCE PROVIDING FOR CROSS CONNECTION CONTROL AND BACKFLOW PREVENTION PROCEDURES; COMPLYING WITH OREGON ADMINISTRATIVE RULES 333-61- 0070; AND DECLARING AN EMERGENCY. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Title. This ordinance shall be known as the "City of Woodburn Cross Connection Control and Backflow Prevention Ordinance". Section 2. Policy and Purpose. As required by the Oregon Health Division, pursuant to Oregon Administrative Rules [SSN REDACTED], and in order to prevent any possibility of backflow contaminating the water system, it shall be the policy of the City of Woodburn to require the installation of backflow prevention devices, and inspections of those devices, as set forth in this ordinance. The City of Woodburn shall also administratively implement a local cross connection program as further specified in the Oregon Administrative Rules and the City of Woodburn Cross Connection Implementation Manual. Section 3. Definitions. The words and phrases used in this ordinance shall have the meaning provided in Oregon Administrative Rules [PHONE REDACTED]. Section 4. Records and Reports. The City shall maintain current records of backflow assemblies installed, inspections completed, and backflow assembly test results, and shall report such data as may be required by State law. Section 5. Discontinuance of Service for Violations of Policy. A. After proper notice to the customer as required by this ordinance, and until the violation has been corrected, the City shall discontinue water service to any premises under any of the following circumstances: For failure to install an approved backflow prevention device; For failure to conduct an annual test on the backflow device; When the City has reasonable cause to believe that an existing or potential cross connection is located on the user's premises, until an appropriate backflow prevention assembly is installed or until the cause of the hazard is eliminated. For any other violation of this ordinance. B. This section shall not in any way be construed to impair the City's ability to immediately discontinue water service in the event of imminent threat to the City's water system or other emergency situations. Section 6. Backflow Prevention; When Required. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2242 PAGE 2 A. Backflow prevention assemblies shall be installed at the service connection to premises where an approved airgap does not exist and: There is an auxiliary water supply which is, or can be, connected to the potable water piping; or There is piping for conveying liquids other than potable water, and where that piping is under pressure and is installed in proximity to potable water piping; or There is intricate plumbing which makes it impractical to ascertain whether or not cross connections exist; or There is backsiphonage potential; or Cross connections or potential cross connections exist. Section 7. Approved Devices and Installation Thereof; Required Methods of Backflow Prevention. A. New Assemblies. All backflow prevention assemblies required under this ordinance shall be of a type and model approved by the Oregon Health Division, and shall be installed in accordance with Oregon Administrative Rules [SSN REDACTED] Sections through as now existing or later amended. Suitable pressure-relief devices to prevent damage from thermal expansion shall be required in conjunction with the installation of all new backflow prevention assemblies. B. Existing Assemblies. Backflow prevention assemblies installed before the adoption of this ordinance and which were approved by the Oregon Health Division at the time they were installed, but are not on the current list of approved assemblies, shall be permitted to remain in service provided they are properly maintained, are commensurate with the degree of hazard, are tested at least annually, and perform satisfactorily. When assemblies of this type are moved, or require more than minimum maintenance or are on services that are modified, changed size or remodeled, they shall be replaced by assemblies which are on the Oregon Health Division list of approved assemblies. C. Required Backflow Prevention Methods. The method of backflow prevention required under this ordinance shall at a minimum be commensurate with the degree of hazard which exists, and not less than the following: When the substance which could backflow could be hazardous to health, an approved air gap of at least twice the inside diameter, but not less than one inch, of the incoming supply line measured vertically above the top rim of the vessel shall be installed, or an approved reduced pressure backflow (RPBA) assembly shall be installed. When the substance which could backflow is objectionable but does not pose an unreasonable risk to health, an approved double check valve ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2242 PAGE 3 assembly (DCVA) shall be installed. An approved double check valve assembly shall be the minimum protection for fire sprinkler systems using piping material that is not approved for potable water use and /or which does not provide for periodic flow through during each 24 hour period. An approved pressure vacuum breaker assembly (PVBA) or an atmospheric vacuum breaker (AVB) shall be installed where the substance which could backflow is objectionable but does not pose an unreasonable risk to health and where there is no possibility of backpressure in the piping. A shutoff valve may be installed on the line of a pressure vacuum breaker but shall not be installed of an atmospheric vacuum breaker. Section 8. Testing Required. A. When Required. The water user or the owner of the premises where one or more reduced pressure assembly (RPBA), double check valve assembly (DCVA), or pressure vacuum breaker (PVBA) have been installed shall have the assemblies tested by a certified tester at least once per year. Assemblies installed at facilities which pose an extreme health risk and assemblies which repeatedly fail shall be tested on a more frequent basis as determined by the City. Backflow assemblies which have been moved or which have been installed shall be tested before use. B. Malfunctioning Assemblies. Backflow prevention assemblies found not to be functioning properly shall be repaired by the owner or water user, and failure to do so may result in the denial or discontinuance of service as provided in this ordinance. C. Test Procedures and Reports. Tests performed by certified testers shall be in conformance with procedures adopted under OAR [PHONE REDACTED] (10), as now existing or later amended. Reports on the tests shall be prepared by the certified tester and copies shall be provided to the City and to the water user or owner of the premises. Section 9. Administrative Subsidy Program. Consistent with the terms of this ordinance and subject to the City budget, the City Engineer may authorize administrative subsidies for the installation of required backflow prevention devices after a finding that such installation will protect the City water system and will benefit the public interest. Section 10. Severability. The provisions of this ordinance are severable. If a portion of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION SANITATION ORDINANCE NO. 2242 PAGE 4 Section 11. [Emergency clause.] Passed by the Council and approved by the Mayor August 24, 1999. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2545 PAGE 5 ORDINANCE NO. 2545 AN ORDINANCE PROHIBITING DOOR-TO-DOOR SOLICITATION AT RESIDENCES WITH POSTED “NO SOLICITING” SIGNS; REGULATING HOURS; PROVIDING FOR PROCEDURES AND PENALTIES; REPEALING ORDINANCE 1187; AND DECLARING AN EMERGENCY [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definition. For the purposes of this Ordinance, the terms "solicit" and "solicitation" shall mean the entry onto real property used for residential purposes by a person for the purpose of communicating with an occupant of the property, whether the communication is verbal, visual or in writing. Section 2. Solicitation Times. It is unlawful for any person to solicit before 9:00 a.m. or after 9:00 p.m. without the invitation of the occupant. (As amended by Ordinance 2557) Section 3. (Section 3 repealed by Ordinance 2557) Section 4. Effect of Posting “No Solicitation” Sign. (As amended by Ordinance 2557) A. If an occupant of real property chooses to not invite solicitors onto their property the occupant may post a "No Solicitation" sign pursuant to this section. The effect of posting a sign stating "No Solicitation," or similar words to that effect, is to express the refusal of the occupant to grant consent to any person to enter their real property to solicit. B. Signs posted pursuant to this section shall be posted on or near the boundaries of the property at the normal points of entry. Section 5. Civil Penalty – Civil Infraction. (As amended by Ordinance 2557) A. A first violation of Section 2 of this Ordinance constitutes a Class 5 Civil Infraction. B. A second violation of Section 2 of this Ordinance by the same person within a twelve (12) month period constitutes a Class 3 Civil Infraction. C. Civil violations of Section 2 of this Ordinance are filed in the Woodburn Municipal Court as Civil infractions and shall be processed according to the procedures contained in the Woodburn Civil Infraction Ordinance. Section 5A. Criminal Penalty- Criminal Trespass. A person who enters or remains unlawfully on property posted with a “No Solicitation,” “No Trespassing,” or similar sign is subject to prosecution for Criminal Trespass under Oregon state statute by the Marion County District Attorney’s Office in Marion County Circuit Court. (As amended by Ordinance 2557) ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2545 PAGE 6 Section 6. Repeal of Prior Ordinance. Ordinance 1187 is repealed in its entirety. Section 7. Compatibility. Nothing in this Ordinance shall relieve any person or entity who solicits and conducts business in the City from compliance with Ordinance 2399, the Business Registration Ordinance. Section 8. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections and subsections. Section 9. Savings. The repeal of any ordinance by this Ordinance shall not preclude any action against any person who violated the ordinance prior to the effective date of this Ordinance. Section 10. [Emergency Clause] Passed by the Council and approved by the Mayor March 13, 2017. Amended by Ordinance 2557 passed April 9, 2018. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 1900 PAGE 1 ORDINANCE NO. 1900 AN ORDINANCE DESCRIBING CERTAIN MUNICIPAL VIOLATIONS, PROVIDING PENALTIES, REPEALING ORDINANCE NO. 1887, AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Drinking in Public Places. No person shall drink or consume alcoholic liquor in or on a street, alley, mall, parking lot, or structure, motor vehicle, public grounds or other public place unless the place has been licensed for that purpose by the Oregon Liquor Control Commission. Section 2. Public Indecency. No person shall, while in or in view of a public place, perform an act of urination or defecation, except in toilets provided for that purpose. [Section 2 amended by Ordinance No. 1938, passed February 10, 1986.] Section 3. (Section 3 repealed by Ordinance 2312) Section 4. Children Confined in Vehicles. No person who has under his control or guidance a child under 10 years of age shall lock or confine, or leave the child unattended, or permit the child to be locked or confined or left unattended in a vehicle for a period of time longer than 15 consecutive minutes. A peace officer, finding a child confined in violation of subsection shall have the authority to enter the vehicle and remove said child using such force as is reasonably necessary to effect an entrance to the vehicle. Section 5. Discharge of Weapons. Except at firing ranges approved by the Chief of Police, no person other than a peace officer shall fire or discharge a gun, including spring or air-activated pellet guns, air guns or BB guns, firearm or other weapon which propels a projectile by use of gun powder or other explosive, jet or rocket propulsion. “Firearm” means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder and which is readily capable of use as a weapon. Notwithstanding subsection 1 of this section, the City Council may approve or deny applications for the ceremonial discharge of a firearm or firearms when blank ammunition is used. Applications for the ceremonial discharge of firearms shall be make to the Chief of Police according to an administrative procedure established by the Police Department. The denial of an application may be appealed to the City Council. (Section 5 as amended by Ordinance No. 2274, passed November 13, 2000.] ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 1900 PAGE 1 Section 6. Obstructing a Peace Officer. No person shall, by use of violence, force, physical interference, or obstacle, intentionally obstruct, impair, or hinder the enforcement of the law by a peace officer acting within the scope of the officer's official authority. [Section 6 added by Ordinance No. 1909, passed February 25, 1985.] (Sections 7 to 14 reserved for expansion) Section 15. Penalties. A person who violates any section of this ordinance commits a violation punishable by a fine of not more than $250.00. Section 16. Severability. Each portion of this ordinance shall be deemed severable from any other portion. The unconstitutionality or validity of any portion of this ordinance shall not invalidate the remainder of the ordinance. Section 17. Repeal and Saving Clause. Ordinance No. 1887 is hereby repealed. Notwithstanding subsection of this section, Ordinance No. 1887 shall remain valid and in force for the purpose of authorizing the arrest, prosecution, conviction and punishment of a person who violated Ordinance No. 1887 prior to the effective date of this ordinance. Section 18. [Emergency clause.] Passed by the Council October 8, 1984, and approved by the Mayor October 9, 1984. Amended by Ordinance 2312 passed April 8, 2002. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2474 PAGE 1 ORDINANCE NO. 2474 AN ORDINANCE UPDATING THE STATUTORY REFERENCES CONTAINED IN THE CITY OF WOODBURN’S EXISTING LOCAL SOCIAL GAME DETERMINATION MADE PURSUANT TO STATE LAW; REPEALING ORDINANCE 1996; AND DECLARING AN EMERGENCY THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Gambling Prohibited. Except as provided in this Ordinance, gambling is prohibited in the City of Woodburn pursuant to the provisions of the Oregon Criminal Code. Section 2. Social Game Permitted in Private Home. Pursuant to ORS 167.121, a “social game” as defined in ORS 167.117 (21) is permitted in the City of Woodburn. Section 3. Social Game Prohibited in Private Business, Private Club or Place of Public Accommodation. . Pursuant to ORS 167.121, a “social game” as defined in ORS 167.117 (21) is prohibited in the City of Woodburn. Section 4. Severability. Each portion of this ordinance shall be deemed severable from any other portion. The unconstitutionality or invalidity of any portion of this ordinance shall not invalidate the remainder of this ordinance. Section 5. Ordinance 1996 is hereby repealed. Section 6. [Emergency Clause.] Passed by the Council January 24, 2011, and approved by the Mayor January 26, 2011. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2626 PAGE ORDINANCE NO. 2626 AN ORDINANCE ESTABLISHING THE RULES OF CONDUCT FOR THE USE OF PARKS AND RECREATION FACILITIES; PROVIDING FOR ENFORCEMENT PROCEDURES, AND REPEALING ORDINANCE NO. 2060 THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Policy. The City of Woodburn may develop, construct, improve, operate and maintain park and recreation facilities in a manner which will best afford the public with necessary conveniences and accommodations. In order to protect the health, safety and well-being of the public, and ensure the greatest use and benefits from such areas, it is necessary to make regulations and provisions the City Council deems necessary. Section 2. Definitions. Board. The Woodburn Recreation and Parks Board. Council. The Woodburn City Council. Director. The person hired by the City of Woodburn who is in charge of the Community Services Department of the City of Woodburn or their designee. Park Area. A City Park, wayside area, community rest areas, scenic or historical areas, public park open spaces and greenbelt areas. Recreation Facility. Any City owned or operated facility the primary purpose of which is to provide recreational opportunities to the community. Park Employee. Any employee of the City of Woodburn Community Services Department. Person. A natural person, firm, partnership, association, or corporation. Section 3. Authority. In addition to other measures provided for by law, any peace officer, as defined by ORS 133.005(3) as amended, any City of Woodburn Community Services Officer, or any City of Woodburn Park Employee, may exclude any person under the procedures set out under Section 12 of this ordinance, who they have reasonable cause to believe has violated any provision of this Ordinance, any City ordinance, any state or federal law, or any rule or regulation duly made and issued by the Community Services Director or the City Council, from any City ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2626 PAGE park or Recreation Facility. Pursuant to Section 11 of this ordinance, any peace officer, as defined by ORS 133.005(3) as amended, or any City of Woodburn Community Services Officer, may issue a civil infraction citation for a violation of this ordinance. Section 4. General Rules and Regulations. The general rules and regulations for City of Woodburn Parks and Recreation Facilities shall be as follows: No person shall build a fire in any park area unless said fire is confined to: Park camp stoves and fireplaces. Portions of parks designated as permitting fires. Portable stoves in established picnic areas and designated where fires are permitted. No fire shall be left unattended, and every fire shall be extinguished before its user leaves the park area. Notwithstanding Section 4 Subsection above, no person shall build a fire when an official burn ban has been issued by Marion County or when a red flag warning is in effect for Marion County. During such times, the use of portable stoves and propane barbeques is permitted provided that they are used in designated picnic areas and are attended at all times. No person in a park area shall hunt, pursue, trap, kill, injure or molest any birds or animals or disturb their habitat. No person shall pick, cut, mutilate or remove from any park area flowers, shrubs, foliage, trees, plant life, barkdust, or products of any type without the written permission of the Director. No person shall erect signs, markers, or inscriptions of any type within a park area without permission from the Director. No person in a park area shall sell, peddle or offer for sale any food liquids, edibles for human consumptions, or any goods, wares, service or merchandise within the park area except under permit by the Director, and then only subject to such laws and regulations as may now or hereafter exist. No person shall drive, lead or keep a horse or other farm animal in any park area, except on such roads, trails or other areas designated for that purpose. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2626 PAGE No horse or such animal shall be hitched to any tree or shrub in such manner that may cause damage to such tree or shrub. The only exception to this rule would be during a parade line-up or a special event, and only after obtaining written permission from The Director. This prohibition exempts duly authorized peace officers and Community Services Officers carrying out the course of their duties. No person shall wash any clothing, materials, or other substances, or clean any fish in a park area or in a lake, stream or river, in a park area. No person shall use park sinks, other than those provided in public restrooms, for personal hygiene. Faucets, drinking fountains, hose outlets and hydrants shall not be used for this purpose. No person shall clog picnic shelter sinks in a park area with food, debris, grease or any other substances. No person shall camp in a park area except by written approval of the Director. The Director may restrict to designated zone areas certain activities, including but not limited to, swimming, picnicking, group picnicking, boating, water skiing, fishing, camping, group camping, hiking and horseback riding. No person shall enter or remain in a park area anytime between one half hour after sunset to one half hour prior to sunrise. This Section shall not apply to: Persons attending an event for which a permit has been issued. Participants or spectators of athletic events in park areas lighted for these events. Persons attending events sponsored by the City. Persons using approved lighted athletic facilities, during lighted hours. This does not include use of facilities lit by security lighting outside of daylight hours. No person shall have in their possession, any alcoholic beverages or intoxicating liquor, or consume such liquor while in a park area except that the use of alcoholic beverages may be permitted in Centennial Park in compliance with a Special Event Park Use Permit where the city has issued the permit and the premises have been licensed for the service of alcoholic beverages by the Oregon Liquor Control Commission. Nothing in this ordinance shall in any manner restrict the authority of the City of Woodburn to enforce all State statutes and City Ordinances relating to ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2626 PAGE the use and control of alcoholic beverages. The Council, City Administrator or The Director shall have the authority to close a park area or a portion of a park area to the public at any time and without notice for any reasonable and necessary circumstance including, but not limited to, construction and maintenance in the park area and for the existence of a hazardous condition. Section 5. Fees. Fees may be charged for certain services and privileges, and for the use of designated areas, buildings or facilities. No person shall enter or use such areas, buildings, services, or facilities, or to be granted those privileges unless the appropriate fee or fees have been paid. Section 6: Reservations and Special Events. Outdoor Facilities Rental Application. Groups seeking to reserve park sites shall submit an Outdoor Facilities Rental Application to the City of Woodburn Community Services Department at least two weeks before the proposed reservation. The Outdoor Facilities Rental Application is required in the following circumstances: i. To guarantee use of a particular site. ii. If the proposed use requires setting up any mobile equipment (barbeque grills, chairs, tables, canopies, sporting equipment.) iii. If the proposed use involves any commercial activity. iv. If the total number of attendees will exceed twenty-five (25) individuals. If a conflict exists between two parties wherein one party has applied for and received a permit for use of a site and the other party has not, the party which has applied for and received the permit shall have priority over the other party for use of the site for the date and time indicated on the permit. Groups holding an approved Outdoor Facilities Rental Application shall abide by the rules and guidelines outlined on the application. Failure to abide by the rules and guidelines may result in penalties or exclusion as outlined in Sections 11 – 14 of this ordinance. Permits required for organized activities. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2626 PAGE Groups seeking to use park sites or facilities for organized activities, including but not limited to organized sporting activities, shall submit a Field Use Rental Request Form to the City Community Services Department within two weeks of the proposed activity. The Field Use Rental Request Form is required in the following circumstances: i. For any activity where the total number of attendees will exceed twenty-five (25) individuals. ii. For all organized sporting activities including but not limited to league activities, activities sponsored by nonprofit organizations, sporting camps, practices, tournaments, or any similar activities. If a conflict exists between two parties wherein one party has applied for and received a permit for use of a site and the other party has not, the party which has applied for and received the permit shall have priority over the other party for use of the site for the date and time indicated on the permit. Groups holding an approved Field Use Rental Request shall abide by all the rules and guidelines outlined in the agreement. Failure to abide by the rules and guidelines may result in penalties or exclusion as outlined in Section 11 – 14 of this ordinance. Special Event Permits. The purpose of a Special Event Permit is to facilitate the process of administering large events that offer a valuable public purpose such as the promotion of tourism and / or economic development, or the provision of recreational, informational, or enriching activities that benefit the greater Woodburn community. Such permits shall be required for events that will attract more than 1,000 visitors or require exclusive use of a City Park and shall be issued only for events in Legion Park, Settlemier Park, Downtown Plaza and Centennial park. Groups seeking to sponsor an event requiring a Special Event Permit shall submit a Special Event Permit Application to the City Community Services Department. Groups holding an approved Special Event Permit shall abide by the Special Event Policies established by the Community Services Department and Adopted by City Council on May 11, 2009. Failure to abide by the Special Event Policies will result in suspension or cancellation of the Permit. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2626 PAGE Section 7. Rules of Conduct. The Community Services Department may adopt administrative rules for the conduct of persons participating in City Programs in Park Areas and Recreation Facilities. All persons participating in City Programs shall be registered. The Rules of Conduct shall be administered by the Director, or a park employee. Section 8. Animals. Persons owning, keeping or harboring a dog within a park area are responsible for the dog's behavior and shall comply with the following regulations: A dog shall be on a leash not more than feet in length, or confined in a vehicle at all times, except dogs in off-leash dog areas designated by the Director. Any dog found by the Municipal Judge to be a dangerous dog pursuant to Ordinance 2434 (the Animal Control Ordinance) shall not be permitted. A dog may not deposit solid waste matter on any park property unless the person owning, keeping, or harboring the dog immediately removes the solid waste. The Director or a park employee may require a person in charge of any animal to undertake any measure, including the removal of an animal from the park area to prevent interference by the animal with the safety, comfort or wellbeing of park area visitors or resources. No farm animal, including, but not limited to, horses, cattle, sheep and goats is allowed in a park area except by permission of the Director, or as provided for in Section 4(F) of this Ordinance. Section 9. Glass Beverage Containers. Except by written authorization from the Director or designated park employee, no person shall possess a beverage container made of glass in any park area. Section 10. Additional Prohibited Activities. In addition to any other prohibitions in this ordinance, no person in a park area shall: Set up or use a public address system without the written permission of the Director. Operate or use any noise producing device such that it is plainly audible 100 feet or more from such device or violates Woodburn Ordinance ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2626 PAGE No. 2312 (regulating noise). Exceptions to this prohibition may be granted by written permission from the Director. Use a metal detector without the written permission of the Director. Play sports or engage in other recreational activities in areas designated by the Director as unavailable for those activities. Overcrowd persons or vehicles so that necessary access to emergency vehicles is unavailable. Vehicles improperly parked will be towed at owners expense. Operate any remote-controlled electric or internal combustion powered vehicle, watercraft or aircraft, in, on or over any City Park or facility, except in such places the Director may designate for such use or with special permission from the Director. Operate a motorized vehicle or any remote-controlled electric or internal combustion powered vehicle in areas signed as off limits to the general public or areas designated for official use. Operate a Class 3 e-bike. Class 1 and Class 2 e-bikes may be operated in the same manner as a regular bicycle but shall only be allowed on paved paths. Section 11. Penalty. Any violation of this ordinance constitutes a class 4 civil infraction and shall be dealt with according to the procedures established by Ordinance 1998. Notwithstanding Section 11, Subsection of this ordinance, which provides that a violation of the park rules established by this ordinance constitutes a class 4 civil infraction, any violation of the terms and conditions of a Special Event Park Use Permit by the permittee shall constitute a class 1 civil infraction and shall be dealt with according to the procedures established by Ordinance 1998, the civil infraction ordinance. Section 12. Exclusions. No person shall enter or remain in a City park or recreation facility at any time that a Notice of Exclusion issued under this ordinance excluding that person from that City park or facility is in effect. Except as provided for in Section 12(C)-(D) of this ordinance, a Notice of Exclusion shall be for thirty (30) days, ninety (90) days, or one hundred eighty (180) days, depending on the severity and frequency of the offense. If the person to be excluded violates the exclusion by returning to the facility from which they were excluded at any point during the exclusion period or commits a second ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2626 PAGE exclusionary act within a year of the initial exclusion, a second Notice of Exclusion shall be issued for double the length of the initial exclusion. Subsequent exclusionary acts may result in a one-year exclusion. Additionally, an excluded person who returns to the facility from which they have been excluded during the exclusion period may be subject to arrest and prosecution for Criminal Trespass in the Second Degree. When there is reasonable cause to believe that a person has committed any of the following acts on the premises of a City park or recreation facility, a Notice of Exclusion may be issued, excluding the person for up to one year, and the person shall be directed to leave the park or facility, without first being given a warning: Any activity that may constitute a violation of any federal or state criminal law. Engaging in sexual conduct, as defined under ORS 167.060. Engaging in public indecency as defined in Woodburn Ordinance No. 1900. Exposing one’s genitals in a manner that would reasonably be expected to alarm or annoy another person. Depositing bodily fluids or excrement on any City property including, but not limited to, equipment, furnishings, walls, and flooring. Engaging in physical altercations, including assault or fighting, or engaging in threatening behavior that creates a hostile environment. Possessing or handling a firearm, knife, or other deadly or dangerous weapon in violation of state law. When there is reasonable cause to believe that a person has committed any of the following acts on the premises of a City park or recreation facility, a Notice of Exclusion may be issued with or without a prior warning and a reasonable opportunity to desist from the violation: Possessing or consuming any alcoholic beverages or exhibiting signs of being under the influence of alcohol, except as provided for in Section 4(M) of this Ordinance. Possessing, consuming, or exhibiting signs of being under the influence of any controlled substance in violation of ORS Chapter 475. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2626 PAGE Engaging in conduct that unreasonably disrupts or interferes with the normal operation of the park or facility. Using park or facility materials, equipment, furniture, fixtures, or buildings in a manner inconsistent with the customary use thereof; or in a destructive, abusive or potentially damaging manner, or in a manner likely to cause personal injury to the actor or others. Soliciting, petitioning, distributing written materials or canvassing for political, charitable or religious purposes outside of reasonable time, place, and manner restrictions established by the Community Services Director, City Administrator, or City Council. Interfering with the free passage of staff or patrons, including but not limited to, placing objects such as bicycles, skateboards, backpacks or other items in a manner that interferes with free passage. Operating bicycles, roller skates, skateboards, scooters or similar equipment in a manner whereby a hazard, property damage, or personal injury could be created by their use. Smoking, vaping, or other use of tobacco in violation of Woodburn Ordinance No. 2574. Violating Section 8 of this ordinance (pertaining to animals in City parks). (10) Improperly using restrooms, including but not limited to, bathing, shaving, washing hair and changing clothes, and other activities listed in Section of this ordinance. (11) Using personal electronic equipment in violation of Section 10(A)-(B) of this Ordinance and Woodburn Development Ordinance No. 2312 (regulating noise). (12) Failing to leave the park at closing time or remaining in the park in violation of Section 4(L) of this ordinance. (13) Failing to comply with any other rule or regulation established in this ordinance. A Notice of Exclusion under this ordinance shall specify the date the exclusion is to commence, the term of the exclusion, the City Park Area or Recreation Facility that the person is to be excluded from, the provision of law that the person violated, and a brief description of the offending conduct. It shall be signed by the issuing party. The Notice of Exclusion shall provide information concerning the right to appeal the notice and to apply for a temporary waiver ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2626 PAGE from the effects of the notice. A warning of consequences for failure to comply with the Notice of Exclusion shall be prominently displayed on the notice. Notices of Exclusion shall take effect immediately. If the excluded party timely files an appeal or seeks a waiver, as described in Section 13 and Section 14 of this ordinance, then the exclusion shall remain in effect until such a time as the appeal or waiver is fully adjudicated. Section 13. Exclusion Appeals. A person receiving a Notice of Exclusion may appeal to the Woodburn Municipal Court to have the notice rescinded or the exclusion period shortened. In order to be timely, an appeal must be filed at Woodburn City Hall within five days of receipt of the Notice of Exclusion. The excluded person may choose to be represented by counsel, but counsel shall not be provided at the public expense. The appeal need not be in any particular form, but should substantially comply with the following requirements: Be in writing. Identify the date, time, and place of the exclusion. Identify the name and address of the appealing party. Identify the official who issued the exclusion. Contain a concise statement as to why the Notice of Exclusion was issued in error. A copy of the appeal shall be served on the City Attorney. An appeal hearing shall be conducted by the Woodburn Municipal Court and a decision on the appeal shall be made by the Court within ten (I 0) business days after the appeal is filed. At the appeal hearing the City and any interested parties shall have the right to present evidence and witnesses and be heard. After due consideration of pertinent information and testimony the Court shall issue a written decision. The decision of the Court shall be final, and subject only to Writ of Review in the Marion County Circuit Court pursuant to ORS Chapter 34. Section 14. Waiver. At any time within the exclusion period, the excluded person may apply in writing to the City Administrator for a temporary waiver from the effects of the notice. A waiver will be granted only for good cause shown. In exercising discretion under this Section, the City Administrator shall ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2626 PAGE consider the seriousness of the violation, the particular need of the person to be in the park or facility during some or all of the period of exclusion, and any other criterion the City Administrator determines to be relevant. The decision of the City Administrator to grant or deny, in whole or in part, a waiver under this Section is discretionary and is not subject to appeal or review. Section 15. Severability. Each portion of this ordinance shall be deemed severable from any other portion. The unconstitutionality or invalidity of any portion of this ordinance shall not invalidate the remainder of the ordinance. Section 15. Repeal and Saving Clause. Ordinance No. 2060 is hereby repealed. Notwithstanding Subsection of this Section, Ordinance No. 2060 shall remain valid and in force for the purpose of authorizing arrest, prosecution, conviction and punishment of a person who violated Ordinance No. 2060 prior to the effective date of this ordinance. Passed by the Council April 22, 2024 and approved by the Mayor April 23, 2024 ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2122 PAGE 1 ORDINANCE NO. 2122 AN ORDINANCE SETTING TIMES FOR JUVENILE CURFEWS, PROVIDING FOR PENALTIES AND DECLARING AN EMERGENCY. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Curfew. No minor under the age of 18 years shall be in or upon any street, highway, park, alley, or other public place between the hours specified in Section 2, unless: Such minor is accompanied by a parent, guardian or other person 18 years of age or over and authorized by the parent or by law to have care and custody of the minor; Such minor is then engaged in a lawful pursuit or activity which requires the presence of the minor in such public place during the hours specified in this Ordinance, or The minor is emancipated pursuant to ORS 419B.550 to 419B.558. Section 2. Hours of Curfew. For minors under the age of 16 years, the curfew is between 10:00 p.m. and 6:00 a.m. of the following morning. For minors 16 years of age or older, the curfew is between 12:00 a.m. midnight and 6:00 a.m. of the following morning. Section 3. Responsibility of Parent or Guardian. No parent, guardian, or person having the care and custody of a minor under the age of 18 years shall knowingly or negligently allow such minor to be in or upon any street, highway, park, alley or other public place between the hours specified in Section 2, except as otherwise provided in this Ordinance. For purposes of this section, a person negligently allows a violation if in the exercise of reasonable diligence the person should have known that a violation would occur. Section 4. Violation by Minor. Any minor who violates the provisions of this ordinance may be taken into custody as provided in ORS 419C.080, 419C.085 and 419.88 and may be subjected to further proceedings as provided by law. Section 5. Violation by Parent or Guardian. Violation of Section 3 of this Ordinance is a Class 2 civil infraction with a forfeiture amount not to exceed $250.00. Section 6. [Emergency clause.] Passed by the Council and approved by the Mayor on May 23, 1994. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2136 PAGE 1 ORDINANCE NO. 2136 AN ORDINANCE DEFINING CHRONIC NUISANCE PROPERTY, ESTABLISHING CERTAIN REGULATIONS THEREOF, AND DECLARING AN EMERGENCY. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Title. This ordinance shall be known as the "Chronic Nuisance Property Ordinance." Section 2. Incorporation of State Statute. Any reference to state statute incorporated into this ordinance refers to the statute in effect on the effective date of this ordinance. Section 3. Definitions. As used in this ordinance, the following definitions apply. "Chief of Police" means the Chief of the Woodburn Police Department or his or her designee. "City Administrator" means the City Administrator of the City of Woodburn or his or her designee. "Chronic Nuisance Property" means property upon which three or more distinct occurrences of any of the below listed behaviors occur , or whose patrons, employees, residents, owners or occupants engage in three or more of the below listed behaviors within 400 feet of the property following acts or behaviors during any 60 day period: Criminal homicide as defined in ORS 163.005 or any type of attempted criminal homicide; Rape in the First Degree as defined in ORS 163.375; Menacing as defined in ORS 163.190; Intimidation as defined in ORS 166.155 to ORS 166.165; Harassment as defined in ORS 166.065; Disorderly Conduct as defined in ORS 166.025; Discharge of Weapons as defined in Section 5, Woodburn City Ordinance 1900; ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2136 PAGE 2 Unnecessary Noise as defined in Section 3, Woodburn City Ordinance 1900; Drinking in Public Places as defined in Section 1, Woodburn City Ordinance 1900; (10) Minor in Possession of Alcohol as defined in ORS 471.430; (11) Assault as defined in ORS 163.160, 163.165, 163.175, or 163.185; (12) Sexual Abuse as defined in ORS 163.415 to ORS 163.427; (13) Public Indecency as defined in ORS 163.465; (14) Public Indecency as defined in Section 2, Woodburn City Ordinance 1900; (15) Criminal Trespass as defined in ORS 164.245; (16) Criminal Mischief as defined in ORS 164.345 to ORS 164.365 (17) Unlawful Use of a Weapon as defined in ORS 166.220. "Owner" means the person or persons having legal or equitable title to the property. "Property" means any real property including land and that which is affixed, incidental or appurtenant to land, including but not limited to any premises, room. apartment, house, building or structure or any separate part or portion thereof, whether permanent or not. "Responsible party" includes each of the following: The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner; or The person occupying the property, including a bailee, lessee, tenant or other person having possession. Section 4. Chronic Nuisance Property. The acts or omissions described herein are hereby declared to be public nuisances of the sort that commonly recur in relation to a given property, thereby requiring the remedies set out in this ordinance. Any property within the City of Woodburn which becomes chronic nuisance property is in violation of this ordinance and subject to its remedies. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2136 PAGE 3 Any person who is a responsible party for property which becomes a chronic nuisance property shall be in violation of this ordinance and subject to its remedies. Section 5. Prefiling Notification Procedure. After two occurrences of any of the acts or behaviors listed in Section 3(C) of this ordinance within a 60-day period, the Chief of Police shall provide notification via certified mail, stating the times and places of the alleged occurrences and the potential liability for violation of this ordinance, to all responsible parties for the property. Responsible parties for a given property shall be presumed from the following: The owner and the owner's agent, as shown on the tax rolls of Marion County. The resident of the property, as shown on the records of the City of Woodburn Water Department. Section 6. Compliance Agreement with Responsible Parties. After providing notification to all responsible parties as provided in Section 5 above, the Chief of Police has the authority to obtain, on behalf of the city, voluntary agreements to comply with the provisions of this ordinance. Such compliance agreements shall be in written form and signed by all responsible parties. The Chief of Police shall sign said agreements on behalf of the city and provide copies thereof to the City Administrator. In proposing and signing compliance agreements under this Section, the Chief of Police shall consider the criteria outlined in Section 9 below. This Section is strictly remedial in nature and shall not be interpreted to limit in any manner the authority of the city to commence an action against any responsible party for a violation of this ordinance, as provided below. Section 7. Commencement of Actions; Summon and Complaint. Except as otherwise noted, the procedures to be used in processing an infraction under this ordinance are contained in Ordinance 1998, the Civil Infraction Ordinance. Subject to the limitations of Ordinance 1998, a default judgment may be entered against a respondent who fails to appear at the scheduled hearing. Upon such judgment, the court may prescribe the remedies described in the ordinance. Section 8. Remedies. Upon finding that the respondent has violated this ordinance, the court may: ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2136 PAGE 4 Require that the chronic nuisance property be closed and secured against all use and occupancy for a period of not less than 30, but not more than 180 days; and/or Assess a civil infraction penalty not to exceed $500.00; and/or Employ any other remedy deemed by the court to be appropriate to abate the nuisance. In lieu of closure of the property pursuant to Subsection of this section, the respondent may file a bond acceptable to the court. Such bond shall be in an amount of at least $500 and shall be conditioned upon the non-recurrence of any of the acts or behaviors listed at Section 3(C) of this ordinance for a period of one year after the judgment. Acceptance of the bond described herein is further subject to the court's satisfaction of the respondent's good faith commitment to abatement of the nuisance. Section 9. Defenses; Mitigation of Civil Penalty. It is a defense to an action brought pursuant to this ordinance that the responsible party at the time in question could not, in the exercise of reasonable care or diligence, determine that the property had become chronic nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the finding that the property is chronic property. However it is no defense under this subsection that the party was not at the property at the time of the incidents leading to the chronic nuisance situation. In implementing the remedies described in this ordinance, the court may consider any of the following factors, as they may be appropriate, and shall cite those found applicable: The actions taken by the owner(s) to mitigate or correct the problem at the property; Whether the problem at the property was repeated or continuous; The magnitude or gravity of the problem; The cooperativeness of the owner(s) with the City in remedying the problem; The cost to the City of investigating and correcting or attempting to correct the condition; Any other factor deemed by the court to be relevant. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2136 PAGE 5 Section 10. Closure During Pendency of Action; Emergency Closures. In addition to any other remedy available to the City under this ordinance, in the event that the City Administrator finds that a property constitutes an immediate threat to the public safety and welfare, the City may apply to any court of competent jurisdiction for such interim relief as is deemed to be appropriate. Section 11. Enforcement of Closure Order; Costs; Civil Penalty. The court may authorize the City to physically secure the property against use or occupancy in the event that the owner(s) fail to do so within the time specified by the court. The court may assess on the property owner the following costs incurred by the City in effecting a closure of property: Costs incurred in actually physically securing the property against use; Police department investigative costs; Administrative costs and attorneys fees in bringing the action for violation of this ordinance. The City Administrator may, within 14 days of written decision by the court, submit a signed and detailed statement of costs to the court for its review. If no objection to the statement is made within the period prescribed by Oregon Rule of Civil Procedure 67, a copy of the statement, including a legal description of the property shall be forwarded to the office of the City Recorder who thereafter shall enter the same in the City's lien docket. Persons assessed the costs of closure and/or civil penalty pursuant to this ordinance shall be jointly and severally liable for the payment thereof to the City. Section 12. Attorney Fees. In any action brought pursuant to this ordinance, the court may, in its discretion, award reasonable attorneys fees to the prevailing party. Section 13. Severability. If any provision of this ordinance, or its application to any person or circumstance, is held to be invalid for any reason, the remainder of the ordinance, or the application of its provisions to other persons or circumstances, shall not in any way be affected. Section 14. Nonexclusive Remedy. The remedy described in this ordinance shall not be the exclusive remedy of the City for the acts and behaviors described in Section 3(C). Section 15. [Emergency clause.] Passed by the Council December 12, 1994 and approved by the Mayor December 14, 1994. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2138 PAGE 1 ORDINANCE NO. 2138 AN ORDINANCE GRANTING AUTHORITY AND ESTABLISHING PROCEDURES FOR INVENTORY SEARCHES BY THE WOODBURN POLICE DEPARTMENT AND DECLARING AN EMERGENCY. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Purpose. This ordinance is meant to exclusively apply to the process for conducting an inventory of the personal property in an impounded vehicle and the personal possessions of a person in police custody and shall not be interpreted to affect any other statutory or constitutional right that police officers may employ to search persons or search or seize possessions for other purposes. Section 2. Definitions. For the purpose of this ordinance, the following definitions shall apply: "Valuables" means: 1. Cash in an aggregate amount of $50.00 or more; or 2. Individual items of personal property with a value of over $500.00. "Open container" means a container which is unsecured or incompletely secured in such a fashion that the container's contents are exposed to view. "Closed container" means a container whose contents are not exposed to view. "Police custody" means either: 1. The imposition of restraint as a result of an 'arrest' as that term is defined in ORS 133.005(1); 2. The imposition of actual or constructive restraint by a police officer pursuant to a court order; 3. The imposition of actual or constructive restraint by a police officer for purposes of taking the restrained person to an approved facility for the involuntary confinement of persons pursuant to Oregon law. "Police officer" means any peace officer, as defined by ORS 133.005 who is employed by the Woodburn Police Department. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2138 PAGE 2 Section 3. Inventories of Impounded Vehicles. The contents of all vehicles impounded by a police officer shall be inventoried. The inventory shall be conducted before constructive custody of the vehicle is released to a third-party towing company except under the following circumstances: 1. If there is reasonable suspicion to believe that the safety of either the police officer or another person is at risk, a required inventory shall be done as soon as safely practical; and 2. If the vehicle is being impounded for evidentiary purposes in connection with the investigation of a criminal offense, the inventory shall be done after such investigation is completed. The purposes for the inventory of an impounded vehicle are: 1. To identify property to establish accountability and avoid spurious claims to property; 2. To assist in the prevention of theft of property; 3. To locate toxic, flammable or explosive substances; and 4. To reduce the danger to persons and property. Inventories of impounded vehicles shall be conducted according to the following procedure: 1. An inventory of personal property and the contents of open containers shall be conducted throughout the passenger and engine compartments of the vehicle including, but not limited to, accessible areas under or within the dashboard area, in any pockets in the doors or in the back of the front seat, in any console between the seats, under any floor mats and under the seats; 2. In addition to the passenger and engine compartments as described above, an inventory of personal property and the contents of open containers shall also be conducted in the following locations: a. Any other type of unlocked compartments that are a part of the vehicle including, but not limited to, unlocked vehicle trunks and unlocked car-top containers; and b. Any locked compartments including, but not limited to, locked vehicle trunks, locked hatchbacks and locked car-top containers, if either the keys are available to be released with the vehicle to the third-party towing company or an unlocking mechanism for such compartment is available within the vehicle. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2138 PAGE 3 3. An inventory shall include opening of closed containers located in the vehicle that are designed to hold valuables, including, but not limited to, backpacks, fanny packs, briefcases, laptop bags, and purses. 4. Upon completion of the inventory, the police officer shall complete a report. 5. Any valuables located during the inventory process shall be listed on a property receipt. A copy of the property receipt shall either be left in the vehicle or tendered to the person in control of the vehicle if such person is present. [Section 3 as amended by Ordinance 2408, passed August 14, 2006.] Section 4. Inventories of Persons in Police Custody. A police officer shall inventory the personal property in the possession of a person taken into police custody and said inventory will occur: 1. At the time of booking; or 2. At the time custody of the person is transferred to another law enforcement agency, correctional facility, or "treatment facility" as that phrase is used in ORS 426.460 or such other lawfully approved facility for the involuntary confinement of persons pursuant to Oregon Revised Statute. The purposes for the inventory of a person in police custody are: 1. To identify property to establish accountability and avoid spurious claims to property; 2. To fulfill the requirements of ORS 133.455 to the extent that such statute may apply to certain property held by the police officer for safekeeping; 3. To assist in the prevention of theft of property; 4. To locate toxic, flammable or explosive substances; 5. To locate weapons and instruments that may facilitate an escape from custody or endanger law enforcement personnel; and 6. To reduce the danger to persons and property. Inventories of the personal property in the possession of such persons shall be conducted according to the following procedures: 1. An inventory shall occur at the time of booking. However, if reasonable suspicion exists to believe that the safety of either the police officer or the person in custody or both are at risk, an inventory will be done as soon as safely practical prior to the transfer of custody to another law enforcement agency or facility. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2138 PAGE 4 2. To complete the inventory of the personal property in the possession of such person, the police officer shall remove all items of personal property from the clothing worn by such person. In addition, the officer will also remove all items of personal property from all open containers in the possession of such person. 3. A closed container in the possession of such person will have its contents inventoried only when: a. the closed container is to be placed in the immediate possession of such person at the time that person is placed in the secure portion of a custodial facility, police vehicle or secure police holding room; b. such person requests that the closed container be with them in the secure portion of a police vehicle or a secure police holding room; or c. the closed container is designed for carrying money and/or small valuables on or about the person including, but not limited to, closed purses, closed coin purses, closed wallets and closed fanny packs. Valuables found during the inventory process shall be noted by the police officer in a report. All items of personal property not left in the immediate possession of the person in custody nor left with the facility or agency accepting custody of the person shall be handled by preparing a property receipt listing the property to be retained in the possession of the police department. A copy of that receipt will be tendered to the person in custody when such person is released to the facility or agency accepting custody of such person; All items of personal property not left in the immediate possession of the person in custody nor dealt with as provided in section 4(E) above, will be released to the facility or agency accepting custody of the person so that they may: 1. Hold the property for safekeeping on behalf of the person in custody, and 2. Prepare and deliver a receipt, if required by ORS 133.455, for any valuable held on behalf of the person in custody. Section 5. [Emergency clause.] Passed by the Council February 13, 1995 and approved by the Mayor February 14, 1995. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2312 PAGE ORDINANCE NO. 2312 AN ORDINANCE REGULATING NOISE WITHIN THE CITY OF WOODBURN; PROVIDING FOR ENFORCEMENT OF NOISE REGULATIONS; AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Purpose. This Ordinance is enacted to protect, preserve, and promote the health, safety, and welfare of the residents of the City of Woodburn through the reduction, control, and prevention of loud noise, or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity. [Section 1 amended by Ordinance No. 2568, passed February 25, 2019.] Section 2. Findings. A. Loud noise degrades the environment of the City of Woodburn because it is harmful to the health, welfare, and safety of its inhabitants and visitors; it interferes with the comfortable enjoyment of life and property; it interferes with the well-being, tranquility, and privacy of the home; and it can cause and aggravate health problems. B. The effective control and elimination of loud noise are essential to the health and welfare of the City of Woodburn’s inhabitants and visitors to conduct the normal pursuits of life, including recreation, work, and communications. C. The use of sound amplification equipment creates loud noise that may, in a particular manner and in a particular time and place, substantially and unreasonably invade the privacy, peace, and freedom of the inhabitants and visitors to the City of Woodburn. D. The City of Woodburn recognizes that its regulation of noise must be consistent with both the United States Constitution and the Oregon Constitution. More specifically, this Ordinance does not regulate speech or the content of speech; the regulatory objective is noise, an effect of speech, which Article I, Section 8 of the Oregon Constitution and the First Amendment to the United States Constitution permit the City to regulate. E. This Ordinance contains constitutionally defensible standards and is not subjective in nature or unconstitutionally vague. F. This Ordinance is not unconstitutionally overbroad because it does not regulate the content of speech or other sounds; it only applies to the volume of those sounds. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2312 PAGE G. This Ordinance contains provisions providing for exemptions and a variance procedure to ensure that it is not unconstitutionally overbroad. [Section 2 amended by Ordinance No. 2568, passed February 25, 2019.] Section 3. Scope. This Ordinance shall be known as the Woodburn Noise Ordinance and will apply to control all sound originating within the jurisdictional limits of the City of Woodburn. Section 4. Definitions. For the purposes of this ordinance, the following definitions apply: A. A-Scale (dBA). The sound level in Decibels measured using the A-weighted networks as specified in the American National Standard Specification for Sound Level Meters. B. Decibel (dB). The unit for measuring the volume of a sound. C. Noise Sensitive Unit. Any authorized land use of a church, temple, synagogue, day care center, hospital, rest home, retirement home, group care home, school, dwelling unit (single-family dwelling, duplex, triplex, multi-family dwelling, or mobile home) or other use of the same general type, and rights-of-way appurtenant thereto, whether publicly or privately owned. D. Plainly Audible. Any sound that can be detected by a reasonable person of ordinary sensitivities using his or her unaided faculties. E. Power Equipment. Any power tools or equipment including, but not limited to: lawn mowers, leaf blowers, lawn edgers, snow removal equipment, hand tools, saws, drills and/or other similar lawn or construction tools, when used for home or building repair, maintenance, landscaping, alteration, or home manual arts projects. F. Sound Level Meter. A sound measuring device, either Type 1 or Type 2, as defined by American National Standard Specification for Sound Level Meters. G. Sound Producing Device. A Sound Producing Device includes, but is not limited to, the following: 1. Loudspeakers; ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2312 PAGE 2. Radios, tape players, compact disc players, phonographs, boomboxes, television sets, or stereo systems, including those installed in a vehicle; 3. Musical Instruments; 4. Sirens, bells, or whistles; 5. Engines or motors; 6. Air, electrical, or gas-driven tools, including, but not limited to, drills, chainsaws, lawn mowers, saws, hammers, or similar tools; and 7. Motor vehicles, including automobiles, motorbikes, trucks, buses, snowmobiles, boats, or any similar piece of equipment equipped with a propelling device. [Section 4 amended by Ordinance No. 2568, passed February 25, 2019.] Section 5. Sound Measurements. A. When sound measurements are made for the enforcement of this Ordinance, they shall be made with a sound level meter. The sound level meter shall be an instrument in good operating condition, meeting the requirements of a Type I or Type II meter and shall contain at least an A- weighted scale, and both fast and slow meter response capability. B. If sound measurements are made, the person making those measurements shall have completed training in the use of the sound level meter, and shall use measurement procedures consistent with that training C. Measurements may be made at or within the boundary of the property on which a noise sensitive unit is located which is not the source of the sound. Section 6. Noise Prohibited Based Upon Decibel Level. It shall be unlawful for any person to produce or permit to be produced, with any Sound Producing Device which when measured at or within the boundary of the property on which a Noise Sensitive Unit is located which is not the source of the sound, which sound exceeds the following levels: A. 50 dBA at any time between 9:00 p.m. and 7:00 a.m. of the following day where the property receiving the noise has a residential zoning designation. B. 60 dBA at any time between 7:00 a.m. and 9:00 p.m. of the same day where the property receiving the noise has a residential zoning designation. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2312 PAGE C. 60 dBA at any time between 9:00 p.m. and 7:00 a.m. of the following day where the property receiving the noise has a zoning designation which is not residential. D. 75 dBA at any time between 7:00 a.m. and 9:00 p.m. of the same day where the property receiving the noise has a zoning designation which is not residential. [Section 6 amended by Ordinance No. 2568, passed February 25, 2019.] Section 6A. Specific Noise Prohibitions. The following acts are declared to be per se violations of this Ordinance that do not require a Decibel level measurement: A. Noisy Animals. It shall be a violation for any animal to unreasonably cause annoyance, alarm, noise disturbance at any time of the day or night by repetitive barking, whining, screeching, howling, braying or other like sounds which may be heard beyond the boundary of the owner’s property or keeper’s property under conditions wherein the animals sounds are shown to have occurred either as an episode of continuous noise lasting for a minimum period of 10 minutes or repeated episodes of intermittent noise lasting for a minimum period of 30 minutes. This provision is not applicable to any animals located in a kennel or similar facility authorized under the applicable land-use and zoning laws and regulations. B. The sounding of any motor vehicle audible anti-theft alarm system for a period of more than 15 minutes. C. Construction Activity. Construction activity related to the erection, excavation, demolition, alteration, or repair of any building other than between the hours of 7:00 a.m. and 9:00 p.m. except in the case of urgent necessity in the interest of the public welfare and safety and then only with a permit granted by the City Administrator for a period not to exceed 10 days. D. Power Equipment. Operating or permitting the use of Power Equipment between the hours of 9:00 p.m. and 7:00 a.m. so as to be Plainly Audible within any Noise Sensitive Unit which is not the source of the sound. E. Engine Noise. Operating or permitting the operation of a motor vehicle or other engine between the hours of 9:00 p.m. and 7:00 a.m. so as to be Plainly Audible within any Noise Sensitive Unit which is not the source of the sound. F. Sound Producing or Reproducing Equipment (Noise Sensitive Unit). Operating or permitting the use or operation of any device designed for sound production or reproduction between the hours of 9:00 p.m. and 7:00 a.m. so as to be Plainly Audible within any Noise Sensitive Unit which is not the source of the sound. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2312 PAGE G. Sound Producing or Reproducing Equipment (Public Property). Operating or permitting the use or operation of any device designed for sound production or reproduction on public property or on a public right-of-way so as to be Plainly Audible 100 feet or more from such device except if the device is being operated in a City park pursuant to a permit granted by the City and the operation is consistent with the conditions of the City permit. [Section 6A added by Ordinance No. 2568, passed February 25, 2019.] Section 6B. Noise Citation Based Upon Private Party Certification. An enforcement officer may issue a citation for an alleged violation of Section 6A of this Ordinance based upon a Certification by a private party. This Certification shall be made by the private party on a form provided by the City and shall describe how the Ordinance was violated, that the private party makes the Certification subject to ORS 153.990 (Penalty for False Certification), and that the private party is available and willing to testify in the Woodburn Municipal Court as to the alleged violation. [Section 6B added by Ordinance No. 2568, passed February 25, 2019.] Section 7. Exemptions. The following constitute exceptions to this Ordinance and shall not be construed as violations: A. Sounds created by organized athletic or other group activities, when such activities are conducted on public property generally used for such purposes, such as stadiums, schools, and athletic fields. B. Sounds caused by emergency work, or by the ordinary and accepted use of emergency equipment, vehicles and apparatus. C. Sounds caused by bona fide use of emergency warning devices and properly functioning alarm systems. D. Sounds regulated by federal law, including but not limited to, sounds caused by railroads or aircraft. E. Sounds caused by demolition activities when performed under a permit issued by appropriate governmental authorities. F. Sounds caused by construction activities during the hours of 7:00 a.m. to 9:00 p.m. of the same day. G. Sounds caused by regular vehicular traffic upon premises open to the public. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2312 PAGE H. Sounds caused by Power Equipment during the hours of 7:00 a.m. to 9:00 p.m. of the same day. I. Bells, chimes and carillons while being used for religious purposes or in conjunction with religious services, or for national celebrations or public holidays. J. Parades for which a City permit has been issued. K. Sounds resulting from an event conducted in a City park where a park use permit has been issued and the conditions of that permit and this Ordinance have been complied with. L. Any noise resulting from activities of a temporary duration which is otherwise permitted by law. [Section 7 amended by Ordinance No. 2568, passed February 25, 2019.] Section 7A. Variances. Any person who owns, controls, or operates any sound source which does not comply with provisions or standards of this Ordinance may apply for a variance. A. The application shall be in a form acceptable to the City Administrator and shall state the date, time, and location of the event or activity and the reasons for which the variance is being sought. The applicant may be required to supply additional information. The application shall not be considered received until all information has been supplied. B. Review of the application on its merit shall include consideration of at least the following: 1. The physical characteristics, times and durations of the emitted sound; 2. The geography, zone and population density of the affected area; 3. Whether the public health, safety or welfare is impacted; 4. Whether compliance with the standard(s) or provision(s) from which the variance is sought would produce hardship without equal or greater benefit to the public; and 5. Applicant’s pervious history, if any, of compliance or noncompliance. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2312 PAGE C. The application shall be reviewed and decided by the City Administrator within 20 days of receipt of the completed application. D. All variance decisions shall be in writing, shall state the facts and reasons leading to the decision and shall be made available to the applicant, and any other person who has requested such decision. E. A variance decision of the City Administrator may be appealed to the City Council as follows: 1. A variance decision may be appealed by the applicant, his legal representative, any affected neighborhood association, or any person who has submitted oral or written testimony on the application. 2. Notice of intent to appeal shall be in writing to the City Recorder’s Office within 10 days of the effective date of the decision. The notice shall identify the decision that is being appealed, and include the appellant’s name, address, signature, phone number, relationship to the variance decision action, and a clear statement of the specific reason(s) for the appeal. 3. Upon receipt of such appeal, the City Recorder shall schedule the matter as a public hearing on the City Council agenda. 4. At the time of the public hearing, the City Council may consider such new matter as it deems appropriate, as well as the record developed before the City Administrator. F. The City Council shall decide all variance decision appeals based upon the criteria in Section 7A-B within 20 days after the close of the public hearing. [Section 7A added by Ordinance No. 2568, passed February 25, 2019.] Section 8. Sound Amplification Permits A. No person shall use or cause to be used any loudspeaker, loudspeaker system, sound amplifier or any other machine or device which produces, reproduces, or amplifies sound outside of an enclosed building without first having obtained a sound amplification permit. B. Any person desiring to obtain a sound amplification permit shall submit a ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2312 PAGE written application to the Police Chief no later than 30 days prior to proposed date for commencement of the amplified sound. The application shall include the following: A description of the activity proposed to be conducted for which the sound amplification permit is requested; A description of the amplification equipment or devices to be used; A statement of the measures that the applicant will take to insure that the sound amplification will not unreasonably disturb other people in the vicinity; The exact time periods and location where the sound amplification will take place; The name of the person who shall be responsible for monitoring and insuring compliance with the terms of any permit that is granted; Any City fee for processing the application; and Any other information that the Police Chief determines is reasonably needed to assure compliance with the provisions of this Ordinance. C. The Police Chief may grant the sound amplification permit if he or she determines that the sound amplification will not occur within a residential zone and that it will be conducted in such a manner as not to unreasonably disturb the neighbors of other persons in the vicinity of the site and that the measures, if implemented, will be adequate. In granting a permit, the Police Chief may impose such conditions as may be appropriate or necessary to protect the public peace, safety, and welfare. D. Any permit granted pursuant to this Ordinance shall be revocable at any time by the Police Chief for good cause. E. Any person aggrieved by any decision rendered by the Police Chief pursuant to this Ordinance shall have the right to appeal the decision to the City Council. Any appeal shall be in writing and shall be submitted no later than ten (10) calendar days following the date of the decision. Section 9. Sound Amplification in City Parks. Notwithstanding any other provisions of this Ordinance, the City Administrator or designee is authorized to allow amplified sound in a City park by the issuance of a park use permit where a sound level of 80 dBA is not exceeded. [Section 9 amended by Ordinance No. 2568, passed February 25, 2019.] Section 10. Authority for Enforcement. This Ordinance shall be enforced by the Woodburn Police Department. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2312 PAGE Section 11. Civil Infraction Assessment. Each violation of any provision of this Ordinance constitutes a class 1 civil infraction and shall be dealt with according to the procedures established by City ordinance. Section 12. Institution of Legal Proceedings. The City Attorney, acting in the name of the City, may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this Ordinance as additional remedy. Section 13. Ordinance Additional to Other Law. The provisions of this Ordinance shall be cumulative and non-exclusive and shall not affect any other claim, cause of action or remedy; nor, unless specifically provided, shall it be deemed to repeal, amend or modify any law, ordinance or regulation relating to noise or sound, but shall be deemed additional to existing legislation and common law on such subject. Section 14. Severability Clause. If a portion of this Ordinance is for any reason held to be invalid, such decision shall not affect validity of the remaining portions of this ordinance. Section 15. Repeal. Section 3 (Unnecessary Noise) of Ordinance 1900 is hereby repealed. Section 16. Saving Clause. The repeal of any ordinance by this Ordinance shall not preclude any action against any person who violated the ordinance prior to the effective date of this Ordinance. Section 17. Emergency Clause. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Passed by the Council April 8, 2002 and approved by the Mayor April 9, 2002. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2338 PAGE 1 ORDINANCE NO. 2338 AN ORDINANCE DEFINING NUISANCES; PROVIDING FOR NUISANCE ABATEMENT; ESTABLISHING A PENALTY; REPEALING ORDINANCE 1616 AND ORDINANCE 1822; AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. A. Enforcement Officer. A police officer, code enforcement officer or other city official authorized by the City Administrator to enforce this Ordinance. B. Junk. Broken, discarded, or accumulated objects, including but not limited to: appliances, building supplies, furniture, vehicles, or part of vehicles. C. Junked Vehicle. A vehicle which is damaged or defective in any of the following respects which either make the vehicle immediately inoperable or would prohibit the vehicle from being operated in a reasonably safe manner: 1. Flat tires, missing tires, missing wheels, or missing or partially or totally disassembled tires and wheels; 2. Missing or partially or totally disassembled essential part or parts of the vehicle's drive train, including, but not limited to, engine, transmission, transaxle, drive shaft, differential, or axle; 3. Extensive exterior body damage or missing or partially or totally disassembled essential body parts, including, but not limited to, fenders, doors, engine hood, bumper or bumpers, windshield, or windows; 4. Missing or partially or totally disassembled essential interior parts, including, but not limited to, driver's seat, steering wheel, instrument panel, clutch, brake, gear shift lever; 5. Missing or partially or totally disassembled parts essential to the starting or running of the vehicle under its own power, including, but not limited to, starter, generator or alternator, battery, distributor, gas tank, carburetor or fuel injection system, spark plugs, or radiator; 6. The interior is being used as a container for metal, glass, paper, rags or other cloth, wood, auto parts, machinery, waste or discarded materials in such quantity, quality and arrangement that a driver cannot be properly seated in the vehicle; 7. The vehicle is lying on the ground (upside down, on its side, or at other extreme angle), sitting on block or suspended in the air by any other method; ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2338 PAGE 2 8. The vehicle is located in an environment which includes, but is not limited to, vegetation that has grown up around, in or through the vehicle, the collection of pools of water in the vehicle, and the accumulation of other garbage or debris around the vehicle. D. Owner. The owner of record, based on the Marion County's most recent taxation and assessment roll, of the property on which the alleged public nuisance exists at the time of the violation. E. Person. Any natural person, firm, partnership, association or corporation F. Person in Charge of Property. An owner, agent, occupant, lessee, tenant, manager, contract purchaser, bailee or other person having possession or control of property or the supervision of any construction project. G. Responsible Party. The person responsible for abating, curing or remedying a nuisance shall include: 1. The owner, 2. A person in charge of property, 3. The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist, or placed the object or allowed the object to exist on the property that constitutes a nuisance as defined in this Ordinance or another Ordinance of this city. H. Vehicle. Any device in, upon or by which any person or property is or may be transported or drawn upon a public highway and includes vehicles that are propelled or powered by any means. Section 2. Declaration of Public Nuisances. The acts, omissions, conditions or objects specifically enumerated in this Ordinance are hereby declared to be public nuisances and may be abated as provided in this Ordinance. In addition to the nuisances specifically enumerated in this Ordinance, every other thing, substance or act determined by the City Council to be offensive, harmful or detrimental to the public health, safety or welfare of the city is declared to be a public nuisance. Section 3. Nuisances Affecting the Public Health. No person or responsible party shall cause or permit a nuisance affecting the public health. The following are declared to be nuisances affecting the public health: A. Cesspools. Cesspools or septic tanks that are in an unsanitary condition or which cause an offensive odor. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2338 PAGE 3 B. Dead Animals. Any carcass or carcass part of any fowl or animal. C. Garbage. As used in this subsection the term "garbage" means an accumulation of decomposed animal or vegetable matter, debris, rubbish, trash, filth, or refuse except: 1. Yard cuttings, other than grass clippings, may be accumulated on property owned or leased by the person for burning at the first available burn season. The accumulations shall meet the size and location requirements of the fire code. 2. Composting, but only if it is maintained in a way that does not attract vermin, and does not produce an offensive odor. D. Odor. Premises that are in such a state or condition as to cause an offensive odor detectable at the property line. E. Privies and Outdoor Toilet Facilities. Any privy or outdoor toilet facility, except a properly functioning portable toilet as that term is defined by the Oregon Department of Environmental Quality. F. Rodent Attracting Condition. Any condition outside a building or structure which attracts or is likely to attract, feed or harbor rodents. G. Stagnant Water. Stagnant water that affords a breeding place for mosquitoes and insect pests. H. Surface Drainage. Drainage of liquid wastes from private premises. I. Water Pollution. Any sewage, industrial waste or other substances placed in or near a body of water, well, spring, stream or drainage ditch in a way that may cause harmful material to pollute the water. Section 4. Nuisances Affecting the Public Safety. No person or responsible party shall cause or permit a nuisance affecting the public safety. The following are declared to be nuisances affecting the public safety: A. Razor and Electric Fences. A fence constructed of materials that could cause bodily harm, including, but not limited to, those conveying electric current, razor wire, spikes and broken glass. B. Dangerous Trees. A standing dead or decaying tree that is in danger of falling or otherwise constitutes a hazard to the public or to any persons or property within the public right- of-way. C. Hazardous Vegetation. Vegetation that reasonably constitutes a health hazard, fire hazard or traffic hazard. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2338 PAGE 4 D. Holes. A well, cistern, cesspool, excavation or other hole of a depth of four feet or more and a top width of 12 inches or more, unless it is covered or fenced with suitable protective construction. E. Obstructions. Earth, rock and other debris and other objects that may obstruct or render the street or sidewalk unsafe for its intended use. F. Snow and Ice. Snow or ice remaining on a sidewalk abutting the property of the owner or person in charge of property for longer than the first two hours of daylight after cessation of the snowfall or formation of the ice, unless covered with sand or other suitable material to assure safe travel. Section 5. Noxious Vegetation. A. The term “noxious vegetation” means: 1. Weeds more than ten inches high; 2. Grass more than ten inches high; 3. Poison oak, poison ivy, or similar vegetation; 4. Berry vines and bushes that extend into a public right-of-way. B. Between May 1 and September 30 of any year, no owner or responsible party shall allow noxious vegetation to be on the property or in the right-of-way of a public thoroughfare abutting on the property. The owner or responsible party shall cut down or destroy grass, shrubbery, brush, bushes, weeds or other noxious vegetation as often as needed to prevent them from becoming or, in the case of weeds or other noxious vegetation, from maturing or from going to seed. C. The term “noxious vegetation” does not include vegetation that constitutes an agricultural crop, unless that vegetation is a health hazard or a fire or traffic hazard. Section 5A. Light Trespass A. All outdoor lights that trespass onto lots with a dwelling shall be turned off between the hours of 9:00 p.m. and 7:00 a.m. For purposes of this section, “trespass” means light that falls beyond the property line of the property it is intended to illuminate. Trespass shall be confirmed if a light fixture is visible when evaluated from a point six feet above ground elevation at an adjacent property line. “Light fixture” means the socket or similar component that holds the bulb or lamp in place, the bulb itself, and any covering around the bulb or lamp that allows light to pass through. This restriction shall not apply to: 1. Lights mounted on a dwelling or accessory building at its main entries, rear entries, side doors, walkways or paths; ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2338 PAGE 5 2. Light emanating from a property that has a commercial zoning designation; 3. Lighting used for safety or security purposes that is mounted on a dwelling or accessory building; 4. Public street lighting; and 5. Temporary holiday lighting; B. Light trespass is a Class 3 civil infraction. [Section 5A added by Ordinance 2522, passed September 22, 2014.] Section 6. Attractive Nuisances. No person or responsible party shall permit on property: A. Unguarded machinery, equipment or other devices which are attractive, dangerous, and accessible to children. B. Lumber, logs, building material or piling placed or stored in a manner so as to be attractive, dangerous, and accessible to children. C. An open pit, quarry, cistern or other excavation without safeguards or barriers to prevent such places from being used by children D. A container with a compartment of more then one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot easily be opened from the inside which is accessible to children. This section shall not apply to authorized construction projects conducted pursuant to applicable laws with reasonable safeguards to prevent injury or death to playing children. Section 7. Junked Vehicle Nuisances. A. Junked vehicles are hereby found to create a condition tending to reduce the value of property, to promote blight and deterioration, and invite plundering and vandalism, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minor, to create a harborage for rodents and insects, and to be injurious to the health, safety, and general welfare. B. No person or responsible party shall park or in any other manner place and leave unattended on public property, a junked vehicle for more than forty-eight (48) continuous hours, even if the owner or operator of the vehicle did not intend to permanently desert or forsake the vehicle ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2338 PAGE 6 C. No person or responsible party shall park, store, keep or maintain on private property a junked vehicle for more than thirty (30) days. D. It shall be permissible to keep or permit the keeping of a junked vehicle within the city if the junked vehicle is completely enclosed within a building or is kept in connection with a licensed and legally zoned junkyard or automobile wrecking yard. Section 8. Open Storage of Junk. No person or responsible party shall deposit, store, maintain or keep any junk on real property, except in a fully enclosed storage facility, building or garbage receptacle. This section shall not apply to material kept by a licensed and legally zoned junkyard or automobile wrecking yard. Section 9. Scattering Rubbish. No person or responsible party shall deposit upon public or private property any kind of rubbish, trash, debris, refuse, or any substance that would mar the appearance of the property, create a stench or fire hazard, detract from the cleanliness or safety of the property or would be likely to cause injury to a person or animal. Section 10. Garbage and Debris – Disposition. A person in charge of property shall dispose of perishable garbage before it becomes offensive but in any event at least bi-weekly; and not permit garbage to accumulate on or about the premises. All garbage shall be disposed of in a manner which does not create a nuisance and which is permitted by this chapter. Garbage may be disposed of by hauling or causing it to be hauled to a garbage dump. Section 11. Garbage Cans and Containers. A. A person in charge of property where garbage accumulates shall keep or cause to be kept on the premises one or more portable containers of a standard type suitable for deposit of garbage and shall deposit or cause to be deposited in the containers all garbage that accumulates on the premises. B. Garbage containers shall be sturdy, watertight, not easily corrodible, rodent-and-insect-proof, and have handles at the sides and fitting lids. When not being emptied or filled, the container shall be kept closed and out of the city right- of-way. They shall be conveniently accessible to garbage haulers. Within 24 hours of garbage collection the person in charge of property shall remove all garbage containers from the collection point and place them either next to the side of the main dwelling unit or in a location out of the view of public or adjacent property. Residents whose point of collection is from an alley need not remove the container from the point of collection. Section 12. Abatement Notice. Whenever a nuisance is found to exist within the corporate limits of the city and the enforcement officer elects to proceed by abatement, the enforcement officer shall give written notice, by a type of mail that requires a signed receipt, to the occupant of the property upon which the nuisance exists or upon the person causing or maintaining the nuisance. If the occupant is not the owner of the property, the same notice shall be sent, by a type of mail that requires a signed receipt, to the owner. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2338 PAGE 7 Section 13. Abatement. Upon receipt of the notice that a nuisance exists, the responsible party shall have seven days to abate the nuisance. Section 14. Notice Requirements. The notice to abate a nuisance shall contain the following: A. An order to abate the nuisance within seven days; B. The location of the nuisance, if the same is stationary; C. A description of what constitutes the nuisance; D. A statement that if the nuisance is not abated within the prescribed time, the city will abate such nuisance and assess the cost thereof against the property. E. A statement that a person who is dissatisfied with the abatement notice has the right to judicial review under this Ordinance. Section 15. Request for Judicial Review. An responsible party may object to the action intended by the city by filing a written request for judicial review in the Woodburn Municipal Court within five days of the date that the notice to abate was mailed. Section 16. Requirements for Request. The request for judicial review need not be in any particular form, but should substantially comply with the following requirements: A. Be in writing; B. Identify the place and nature of the alleged nuisance; C. Specify the name and address of the person seeking judicial review; D. Identify the enforcement officer alleging that a nuisance exists. A copy of the notice shall be served on the enforcement officer Section 17. Scheduling of Judicial Review. A. The judicial review hearing shall be held within ten (10) days after the request for judicial review is made. The day may be postponed by: 1. Agreement of the parties; or 2. Order of the court for good cause. B. The court shall notify: 1. The person requesting the review; and 2. The enforcement officer. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2338 PAGE 8 Section 18. Judicial Review Hearing. At the judicial review hearing the city and any interested parties shall have the right to present evidence and witnesses and to be represented by legal counsel at their own expense. After due consideration of pertinent information and testimony, the court shall make its finding. The findings shall be based on substantial evidence relative to the criteria outlined in this Ordinance and shall be final. Section 19. Notification of Violation. The responsible party shall be notified by a type of mail that requires a signed receipt postmarked no later than five days after the findings are entered by the court by personal delivery by a representative of the city. Upon notification of violation, the responsible party will have seven days to abate the nuisance. Section 20. Abatement by City. Upon the failure of the responsible party to abate the nuisance pursuant to the provisions of this Ordinance, the enforcement officer shall proceed to abate such nuisance. Section 21. Abatement by City: Expenses. The enforcement officer shall keep an accurate record of the expenses incurred by the city in physically abating the nuisance which shall include an additional administrative fee in the amount provided by the current Master Fee Schedule of the city. Section 22. Assessment of Costs. A. The enforcement officer, by certified or registered mail, postage prepaid, shall forward to the responsible party a notice stating: 1. The total cost of abatement, including the administrative overhead; 2. That the cost as indicated will be assessed to and become a lien against the property unless paid within 30 days from the date of the notice. B. Upon the expiration of 10 days after the date of the notice, the court, in the regular course of business, shall near and determine the objections to the costs assessed. C. If the costs of the abatement are not paid within 30 days from the date of the notice, an assessment of the costs, as stated or as determined by the court, shall be made and shall thereupon be entered in the docket of city liens; and, upon such entry being made, shall constitute a lien upon the property from which the nuisance was removed or abated. D. The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the legal rate. The interest shall commence to run from the date of the entry of the lien in the lien docket. E. An error in the name of the person responsible shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void; but it shall remain a valid lien against the property. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2338 PAGE 9 Section 23. Summary Abatement. In addition to the abatement procedure provided by this Ordinance, the city may, in accordance with the law, proceed summarily to abate a health or other nuisance which unmistakably exists and which imminently endangers the environment, human life, health or property. Section 24. Notice. Any notice required in this Ordinance shall be sufficient if the person to be notified is substantially apprised of the substance of the notice, notwithstanding any minor deficiencies or irregularities of form. Actual receipt of the notice is not required, as long as a good faith effort is made to deliver it. Section 25. Enforcement. A. Inspection and Right of Entry. When necessary to investigate a suspected violation of this Ordinance, the enforcement officer may enter on any site or into any structure open to the public for the purpose of investigation, provided entry is done in accordance with law. Absent a search warrant, no site or structure that is closed to the public shall be entered without the consent of the owner or occupant. B. Civil Infraction. In addition to, and not in lieu of any other enforcement mechanisms, a violation of any provision of this Ordinance constitutes a Class I Civil Infraction which shall be processed according to the procedures contained in the Woodburn Civil Infraction Ordinance. C. Civil Proceeding Initiated by City Attorney. The City Attorney, after obtaining authorization from the City Council, may initiate a civil proceeding on behalf of the city to enforce the provisions of this Ordinance. This civil proceeding may include, but is not limited to, injunction, mandamus, abatement, or other appropriate proceedings to prevent, temporarily or permanently enjoin or abate any violations of this Ordinance. Section 26. Separate Offenses. Each day during which a violation of this Ordinance continues shall constitute a separate offense for which a separate penalty may be imposed.. Section 27. Effect of Abatement. The abatement of a nuisance is not a penalty for violating this Ordinance, but is an additional remedy. The imposition of a penalty assessment does not relieve a person of the duty to abate the nuisance. Section 28. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections and subsections. Section 29. Repeal. Ordinance 1616 and Ordinance 1822 are hereby repealed. Section 30. Saving Clause. Notwithstanding the repeal of Ordinance 1616 and Ordinance 1822, Ordinance 1616 and Ordinance 1822 shall remain in force for the purpose of authorizing the prosecution of a person who violated Ordinance 1616 or Ordinance 1822 prior to the effective date of this Ordinance. Section 31. [Emergency clause.] ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2338 PAGE 10 Passed by the Council June 9, 2003 and approved by the Mayor June 11, 2003. ---PAGE BREAK--- ORDINANCE NO. 2338 PAGE 10 WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2625 AN ORDINANCE ESTABLISHING RULES OF CONDUCT FOR THE WOODBURN PUBLIC LIBRARY, WOODBURN MUSEUM, AND BUNGALOW THEATER; PROVIDING FOR ENFORCEMENT PROCEDURES; AND REPEALING ORDINANCE 2410 [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Policy. The City of Woodburn may operate and maintain the Woodburn Library, Woodburn Museum, and Bungalow Theater in a manner which will best afford the public with necessary conveniences and accommodations. In order to protect the health, safety, and well-being of the public, and to ensure the greatest use and benefits from these facilities, it is necessary to make regulations and provisions the City Council deems necessary. Section 2. Authority. In addition to other measures provided by law, any peace officer, as defined by ORS 133.005(3), any City of Woodburn Community Services Officer, or any City of Woodburn Employee designated by the Community Services Director, under Section 3 of this ordinance, may exclude any person that they have reasonable cause to believe has violated any provision of this Ordinance, any City ordinance, any State or Federal law, or any rule or regulation duly made and issued by the Community Services Director or the City Council, from the premises of the Woodburn Public Library, Woodburn Museum, or Bungalow Theater. Section 3. Exclusions. A. No person shall enter or remain on the premises of the Woodburn Public Library, Woodburn Museum, or Bungalow Theater at any time after a Notice of Exclusion issued under this Ordinance is in effect. B. Except as provided for in Subsection and Subsection of this Ordinance, a Notice of Exclusion shall be for thirty (30) days, ninety (90) days, or one hundred eighty (180) days, depending on the severity and frequency of the offense. If the person to be excluded violates the exclusion by returning to the facility from which they were excluded at any point during the exclusion period or commits a second exclusionary act within a year of the initial exclusion, a second Notice of Exclusion shall be issued for double the length of the initial exclusion. Subsequent exclusionary acts may result in a one-year exclusion. Additionally, an excluded person who returns to the facility from which they have been excluded during the exclusion period may be subject to arrest and prosecution for Criminal Trespass in the Second Degree. C. When there is reasonable cause to believe that a person has committed any of the following acts on the premises of the Woodburn Public Library, Woodburn Museum, or Bungalow Theater, a Notice of Exclusion may be issued, excluding the person for up to one year, and the person shall be directed to leave the Library, Museum, or Theater, without first being given a warning: 1. Any activity that may constitute a violation of any federal or state criminal ---PAGE BREAK--- ORDINANCE NO. 2338 PAGE 10 WOODBURN ORDINANCE COMPILATION OFFENSES law. 2. Engaging in sexual conduct, as defined under ORS 167.060. 3. Engaging in public indecency as defined in Woodburn Ordinance No. 1900. 4. Exposing one’s genitals anywhere other than in a restroom. 5. Depositing bodily fluids or excrement on any City property including, but not limited to, collections, exhibits, equipment, furnishings, walls, and flooring. 6. Engaging in physical altercations, including assault, fighting, threatening, or harassing behavior that creates a hostile environment. 7. Possessing or handling a firearm, knife, or other deadly or dangerous weapon in violation of state law. D. When there is reasonable cause to believe that a person has committed any of the following acts on the premises of the Woodburn Public Library, Woodburn Museum, or Bungalow Theater, a Notice of Exclusion may be issued with or without a prior warning and a reasonable opportunity to desist from the violation: 1. Possessing or consuming any alcoholic beverages or exhibiting signs of being under the influence of alcohol. 2. Possessing, consuming, or exhibiting signs of being under the influence of any controlled substance in violation of ORS Chapter 475. 3. Engaging in conduct that unreasonably disrupts or interferes with the normal operation of the facility or disturbs staff or patrons. This conduct includes but is not limited to abusive or threatening language or gestures, verbal harassment, creating unreasonable noise, and loud or boisterous behavior. 4. Using facility materials, equipment, furniture, fixtures, or buildings in a manner inconsistent with the customary use thereof; or in a destructive, abusive or potentially damaging manner, or in a manner likely to cause personal injury to the actor or others. 5. Soliciting, petitioning, distributing written materials or canvassing for any purpose unless such activity is authorized by the Director or their designee and advances the mission and primary purpose of the Library, Liberty Theater, or Museum. 6. Interfering with the free passage of staff or patrons, including but not limited to, placing objects such as bicycles, skateboards, backpacks or other items in a manner that interferes with free passage. 7. Operating bicycles, roller skates, skateboards, scooters or similar equipment in a manner whereby a hazard, property damage, or personal injury could ---PAGE BREAK--- ORDINANCE NO. 2338 PAGE 10 WOODBURN ORDINANCE COMPILATION OFFENSES be created by their use. 8. Smoking, vaping, or other use of tobacco in violation of ORS 433.845. 9. Bringing an animal into the facility, except: i. A service animal as permitted under State law and the City of Woodburn’s Americans with Disabilities Act (ADA) Policy. ii. An animal allowed with special permission for a special event as authorized by the Community Services Director. 10. Improperly using restrooms, including but not limited to, bathing, shaving, washing hair and changing clothes. 11. Using personal electronic equipment at a volume that disturbs others, including but not limited to, stereos, televisions, cellular phones, laptop computers, and tablets. 12. Failing to leave the facility at closing time. 13. Eating or drinking except as expressly allowed by the Community Services Director or their designee in the course of a library-approved event. E. Where there is reasonable cause to believe that a person has committed any of the following acts, the person may be directed to leave the premises of the Woodburn Public Library, Woodburn Museum, or Bungalow Theater, until the problem is corrected: 1. Not wearing shoes or other footwear. 2. Not wearing a shirt or other covering of the upper body. F. A Notice of Exclusion under this Ordinance shall specify the date the exclusion is to commence, the term of the exclusion, the provision of law, rule, or regulation that the person violated, and a brief description of the offending conduct. It shall be signed by the issuing party. The Notice of Exclusion shall provide information concerning the excluded party’s right to appeal and to apply for a temporary waiver from the effects of the notice. A warning of the consequences for failure to comply with the Notice of Exclusion shall be prominently displayed on the notice. G. Notices of Exclusion shall take effect immediately. If the excluded party timely files an appeal or seeks a waiver, as described in Section 4 and Section 5 of this Ordinance, then the exclusion shall remain in effect until such time as the appeal or waiver is fully adjudicated. Section 4. Exclusion Appeals. A. A person receiving a Notice of Exclusion may appeal to the Woodburn Municipal Court to have the notice rescinded or the exclusion period shortened. In order to be timely, an appeal must be filed at Woodburn City Hall within five days of receipt of the Notice of Exclusion. The excluded person may choose to be ---PAGE BREAK--- ORDINANCE NO. 2338 PAGE 10 WOODBURN ORDINANCE COMPILATION OFFENSES represented by counsel, but counsel shall not be provided at public expense. B. The appeal need not be in any particular form, but should substantially comply with the following requirements: 1. Be in writing. 2. Identify the date, time, and place of the exclusion. 3. Identify the name and address of the appealing party. 4. Identify the official who issued the exclusion. 5. Contain a concise statement as to why the Notice of Exclusion was issued in error. C. A copy of the appeal shall be served on the City Attorney. D. An appeal hearing shall be conducted by the Woodburn Municipal Court and a decision on the appeal shall be made by the Court within ten (10) business days after the appeal is filed. E. At the appeal hearing the City and any interested parties shall have the right to present evidence and witnesses and be heard. After due consideration of pertinent information and testimony the Court shall issue a written decision. The decision of the Court shall be final and subject only to Writ of Review in the Marion County Circuit Court pursuant to ORS Chapter 34. Section 5. Waiver. At any time within the exclusion period, the excluded person may apply in writing to the City Administrator for a temporary waiver from the effects of the notice. A waiver will be granted only for good cause shown. In exercising discretion under this section, the City Administrator shall consider the seriousness of the violation, the particular need of the person to be on the premises during some or all of the period of exclusion, and any other criterion the City Administrator determines to be relevant. The decision of the City Administrator to grant or deny, in whole or in part, a waiver under this section is discretionary, and is not subject to appeal or review. Section 6. Severability. Each portion of this Ordinance shall be deemed severable from any other portion. The unconstitutionality or invalidity of any portion of this Ordinance shall not invalidate the remainder of the Ordinance. Section 7. Repeal and Saving Clause. A. Ordinance No. 2410 is hereby repealed. B. Notwithstanding Subsection of this Section, Ordinance No. 2410 shall remain valid and in force for the purpose of authorizing arrest, prosecution, conviction and punishment of a person who violated Ordinance No. 2410 prior to the effective date of this ordinance. Passed by the Council April 22, 2024 and approved by the Mayor April 23, 2024. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2411 PAGE 1 ORDINANCE NO. 2411 AN ORDINANCE PROHIBITING GRAFFITI AND THE POSSESSION OF GRAFFITI IMPLEMENTS; CREATING THE OFFENSE OF FAILURE TO SUPERVISE A MINOR COMMITTING GRAFFITI VIOLATIONS; PROVIDING FOR THE ABATEMENT OF GRAFFITI NUISANCE PROPERTY; AND REPEALING ORDINANCE 2173 [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions: A. "Graffiti" means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property, as defined by ORS 164.381(1). B. “Graffiti implement” means any paint, ink, chalk, dye or other substance or any instrument or article designed or adapted for spraying, marking, etching, scratching or carving surfaces as defined by ORS 164.381(2). C. "Graffiti nuisance property" means property to which graffiti has been applied, if the graffiti is visible from any public right-of-way, any other public or private property or from any premises open to the public, and if the graffiti has not been abated within the time required by this ordinance. D. "Owner" means the legal owner of property or a person in charge of property. E. "Person in charge of property" means an agent, occupant, lessee, contract purchaser or other person having possession or control of property or supervision of a construction project. F. "Property" means any real or personal property and that which is affixed, incident or appurtenant to real property, including but not limited to any premises, house, building, fence, structure or any separate part thereof, whether permanent or not. Section 2. Prohibited Graffiti. It shall be unlawful for any person to apply graffiti. Section 3. Unlawful Possession of Graffiti Implement. It shall be unlawful for any person to possess a graffiti implement with the intent to apply graffiti. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2411 PAGE 2 Section 4. Failure to Supervise a Minor Committing Graffiti Violations. It shall be unlawful for a parent, guardian, or other person having the legal custody of a minor person under the age of 18 years to allow or permit the minor to be in violation of Section 2 or Section 3 of this ordinance. Section 5. Graffiti Nuisance Property. A. It is hereby found and declared that graffiti creates a visual blight and property damage. When graffiti is allowed to remain on property and not removed, it invites additional graffiti, gang activity, criminal activity, and constitutes a nuisance. B. Any property within the city which becomes graffiti nuisance property is in violation of this ordinance. C. Any owner of property who permits said property to be a graffiti nuisance property is in violation of this ordinance. Section 6. Notice Procedure. A. When the Chief of Police believes in good faith that property within the city is a potential graffiti nuisance property, the Chief of Police shall, notify the owner in writing that the property is a potential graffiti nuisance property. The notice shall contain the following information: The street address or description sufficient for identification of the property. That the Chief of Police has found the property to be a potential graffiti nuisance property with a concise description of the conditions leading to this finding. A direction to abate the graffiti, or show good cause to the Chief of Police why the owner cannot abate the graffiti, within ten city business days from service of the notice. That if the graffiti is not abated and good cause for failure to abate is not shown, the City Council may order abatement, with appropriate conditions. The City Council may also employ any other remedy deemed by it to be appropriate to abate the nuisance, including but not limited to authorizing a civil complaint to be filed in a court of competent jurisdiction. That permitting graffiti nuisance property is a Class 2 civil infraction punishable by a civil forfeiture not to exceed $750, pursuant to the Civil Infraction Ordinance. That the above remedies are in addition to those otherwise provided by law. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2411 PAGE 3 B. Service of the notice is completed by personal service or upon mailing the notice by first class mail, postage prepaid, addressed to the owner at the owner's last known address. C. A copy of the notice shall be served on occupants of the property, if different from the owner. D. The failure of any person or owner to receive actual notice of the determination by the Chief of Police shall not invalidate or otherwise affect the proceedings under this ordinance. Section 7. Abatement Procedures. A. Within ten business days of the personal service or mailing of the notice the owner shall abate the graffiti or show good cause why the owner cannot abate the graffiti within that time period. B. Upon good cause shown, the Chief of Police may grant an extension not to exceed ten additional city business days. C. If the owner does not comply with the provisions of this ordinance, the Chief of Police may refer the matter to the City Council for hearing as a part of its regular agenda at the next succeeding meeting. The City Recorder shall give notice of the hearing to the owner and occupants, if the occupants are different from the owner. D. At the time set for a hearing, the owner and occupants may appear and be heard by the City Council. E. The City Council shall determine whether the property is graffiti nuisance property and whether the owner has complied with this ordinance. F. The city has the burden of proving by a preponderance of the evidence that the property is graffiti nuisance property. G. The owner has the burden of proving by a preponderance of the evidence that there is good cause for failure to abate the nuisance within ten city business days of the personal service or mailing of the notice. Section 8. REMEDIES OF THE CITY. A. In the event that the City Council determines that the property is graffiti nuisance property, the City Council may order that the nuisance be abated. This order may include conditions under which abatement is to occur. B. The City Council may also employ any other legal remedy deemed by it to be appropriate to abate the nuisance, including but not limited to authorizing the filing of a civil complaint in a court of competent jurisdiction. C. The remedies provided in this section are in addition to those otherwise provided by law. ---PAGE BREAK--- ORDINANCE NO. 2411 PAGE 4 WOODBURN ORDINANCE COMPILATION OFFENSES Section 9. Civil Penalties. Violations of this ordinance shall be processed under the Civil Infraction Ordinance with penalties consistent with Oregon state law. A. Consistent with ORS 164.383 and ORS 153.018, a violation of Section 2 of this ordinance (“Prohibited Graffiti”) constitutes a civil infraction punishable by a civil forfeiture not to exceed $360. B. Consistent with ORS 164.386 and ORS 153.018, a violation of Section 3 of this ordinance (“Unlawful Possession of Graffiti Implement”) constitutes a civil infraction punishable by a civil forfeiture not to exceed $90. C. A violation of Section 4 of this ordinance (“Failure to Supervise a Minor Committing Graffiti Violations”) constitutes a Class 2 civil infraction punishable by a civil forfeiture not to exceed $500. D. A violation of Section 5 of this ordinance (“Graffiti Nuisance Property”) constitutes a Class 2 civil infraction punishable by a civil forfeiture not to exceed $500. Section 10. Alternate Disposition by Court. At the discretion of the Woodburn Municipal Court, all persons that are fond to have violated Sections 2, 3, or 4 of this ordinance may have their cases resolved by the following alternate dispositions: A. A court-approved diversion program. B. Dismissal of the case, if a letter is received from the Marion County Juvenile Department indicating that the offender has complied with all of its requirements related to the case and the court determines that it is in the interest of justice to dismiss the case. Section 11. Abatement by the City. If the owner fails to abate the nuisance as ordered by the City Council, the city may cause the nuisance to be abated as provided in the City Nuisance Ordinance, Ordinance 2338. Section 12. Repeal. Ordinance 2173 is hereby repealed. Passed by the Council October 9, 2006 and approved by the Mayor October 11, 2006. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION OFFENSES ORDINANCE NO. 2434 ORDINANCE NO. 2434 AN ORDINANCE CONCERNING THE CARE AND CONTROL OF ANIMALS; ESTABLISHING REGULATIONS AND PENALTIES; AND REPEALING ORDINANCE 1638. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. For purposes of this Ordinance, these terms are defined as follows: A. ANIMAL. Any nonhuman vertebrate. B. ANIMAL CONTROL OFFICER. A person designated by the Woodburn Chief of Police to enforce this Ordinance. C. AT LARGE. Any animal, excluding domestic cats, that is off the premises of its keeper and is not on a leash held by a person capable of controlling the animal. D. DOG. Any mammal of the canidae family excluding, for purposes of this Ordinance, any dog used by a law enforcement agency in the performance of work. E. EUTHANIZE. To put an animal to death in a humane manner by a licensed veterinarian or a certified euthanasia technician. F. FOWL. Any chicken, duck, goose, guinea fowl, peafowl, peacock, turkey, dove, pigeon, game bird, or similar bird. G. KEEP. To have physical custody or otherwise exercise dominion and control over. H. KEEPER. A person or legal entity who owns, or has a possessory property right in an animal or who harbors, cares for, exercises control over, or knowingly permits any animal to remain on premises occupied by that person. I. LIVESTOCK. Animals, including but not limited to the following: fowl; horses; mules; burros; asses; cattle; sheep; goats; llamas; (9)emu; (10) ostriches; (11) swine; or (12) any furbearing animal bred and maintained for commercial purposes and kept in pens, cages, or hutches. J. MUNICIPAL JUDGE. The judge of the Woodburn Municipal Court. K. PEACE OFFICER. Has the meaning provided in ORS 161.015 L. PERMIT. To allow, make possible, afford opportunity, acquiesce by failure, refusal or neglect to abate. ---PAGE BREAK--- ORDINANCE NO. 2434 WOODBURN ORDINANCE COMPILATION OFFENSES M. PERSON. Any natural person, association, partnership, firm or corporation. N. PHYSICAL DEVICE OR STRUCTURE. A tether, trolley system, other physical control device or any structure made of material sufficiently strong to adequately and humanely confine the animal in a manner that would prevent it from escaping. O. PHYSICAL INJURY. Physical impairment as evidenced by scrapes, cuts, punctures, bruises or physical pain. P. SECURE ANIMAL SHELTER. An animal shelter that agrees to accept an animal and that agrees to the following conditions: 1. Not to release the animal from the shelter for the rest of the animal's natural life; 2. Not to allow the animal to come into contact with the general public for the rest of the animal's natural life; 3. To indemnify, defend, and hold the City harmless from any and all future claims of any kind or nature whatsoever relative to past or future care and custody of the dog and to the dog’s future behavior; 4. To notify the City if the shelter goes out of business or can no longer keep the animal and to abide by the City's disposition instructions. Q. SECURE ENCLOSURE. Shall be any of the following: 1. A fully fenced pen, kennel or structure that shall remain locked with a padlock or combination lock. Such pen, kennel or structure must have secure sides, minimum of five feet high, and a secure top attached to the sides, and a secure bottom or floor attached to the sides of the structure or the sides must be embedded in the ground no less than one foot to prevent digging under it. The structure must be in compliance with the City's building code and ordinances; or 2. A house or garage. When dogs are kept inside a house or garage as a secure enclosure, the house or garage shall have latched doors kept in good repair to prevent the accidental escape of the dog. A house, garage, patio, porch or any part of the house or condition of the structure is not a secure enclosure if the structure would allow the dog to exit the structure of its own volition R. SERIOUS PHYSICAL INJURY. Any physical injury which creates a substantial risk of death or which causes disfigurement, or protracted loss or impairment of health or of the function of any body part or organ. Section 2. Keeping of Certain Animals Prohibited. A. No person shall keep any of the following animals of either thoroughbred or hybrid stock or pedigree: 1. All poisonous animals, including rear-fang snakes; ---PAGE BREAK--- ORDINANCE NO. 2434 WOODBURN ORDINANCE COMPILATION OFFENSES 2. Apes such as chimpanzee (Pan), gibbons (Hylobates), gorillas (Gorilla), orangutans (Pongo), and siamangs 3. Baboons (Papio, Mandrillus); 4. Bears (Ursidae); 5. Bison (Bison); 6. Cheetahs (Acinonyx jubatus); 7. Constrictor snakes exceeding five feet in length; 8. Crocodilians (Crocodilia); 9. Coyotes (Canis latrans); 10. Deer (Cervidae), such as white-tailed deer, elk, antelope, and moose; panthers; 11. Elephants (Elephas and Loxodonta); 12. Game cocks and other fighting birds; 13. Hippopotami (Hippopotamidae); 14. Hyenas (Hyaenidae); 15. Jaguars (Panthera onca); 16. Leopards (Panthera pardus); 17. Lions (Panthera leo); 18. Lynxes (Lynx); 19. Monkeys, old world (Cercopithecidae), new world; 20. Ostriches (Struthio); 21. Piranha fish (Characidae); 22. Pumas (Felis concolor), such as cougars, mountain lions, and 23. Raptors, such as condors, eagles, kites, falcons, osprey, owls, harriers, hawks, buzzards and vultures (Falconiformes and Stigiformes orders) 24. Rhinoceroses (Rhinocero tidae); 25. Serval Cats (Felis serval or Leptailarus serval) 26. Sharks (Class 27. Snow leopards (Panthera uncia); 28. Tigers (Panthera tigris); or 29. Wolves (Canis lupus and hybrids). B. The provisions of this section shall not apply to: 1. An educational or medical institution, if the animal is kept for the primary purpose of instruction, study or research; or 2. A circus, carnival or other similar itinerant show business, if the animal is kept for the primary purpose of public entertainment; or 3. A veterinarian employed by the federal government or currently licensed by the Oregon State Veterinary Examining Board, if the animal is kept for the primary purpose of diagnosis or treatment. Section 3. Keeping of Livestock Generally Prohibited. Except as permitted by this Ordinance, no person shall keep livestock. Section 4. Keeping of Limited Number of Chickens or Ducks Permitted. Notwithstanding Section 3 of this Ordinance, a person shall be allowed to keep a total of ---PAGE BREAK--- ORDINANCE NO. 2434 WOODBURN ORDINANCE COMPILATION OFFENSES three or fewer chickens or ducks. The chickens or ducks kept under this section shall be enclosed in coops or pens and kept in a clean and sanitary condition. This section shall not be construed to as to allow the keeping of roosters, which are prohibited. Section 5. Duties of Animal Keepers. A. It shall be a violation of this Ordinance for a keeper of an animal to: 1. Permit an animal to be at large, except dogs in off-leash dog areas designated by the City Administrator or the City Administrator’s designee. 2. Permit an animal to cause unreasonable noise at any time of the day or night by repeated barking, whining, screeching, howling, braying or other like sounds which may be heard beyond the boundary of the keeper’s property. 3. Permit an animal to damage or destroy property of persons other than the keeper. 4. Fail to immediately remove any excrement or other solid waste deposited by an animal on public property or the property of another. [Section 5 as amended by Ordinance 2471, passed September 27, 2010.] Section 6. Placing of Poisonous Food Prohibited. No person shall knowingly place food of any description containing poisonous or other injurious ingredients in any area reasonably likely to be accessible to animals, except as provided by law for nuisance, vector, or predator control. Section 7. Confining Animals in Motor Vehicles Prohibited. A. No animal shall be confined within or on a motor vehicle at any location within the city under such conditions as may endanger the health or well-being of the animal, including but not limited to dangerous temperature, lack of food, water or confinement with a dangerous animal. B. An animal control or police officer is authorized to remove an animal from a motor vehicle when the officer reasonably believes that the animal is confined in violation of this section. Any animal so removed shall be delivered to the Marion County Animal Control Shelter after the removing officer leaves written notice of the removal and delivery, including the officer's name, in a conspicuous, secure location on or within the vehicle. Section 8. Dog Licensing. Any person owning or keeping a dog within the City shall purchase for such a dog a license as required under the provisions of ORS 609.100. ---PAGE BREAK--- ORDINANCE NO. 2434 WOODBURN ORDINANCE COMPILATION OFFENSES Section 9. Levels of Dangerous Dogs. A. For purposes of this Ordinance, the classification of various levels of dangerous dogs shall be based upon these specific behaviors exhibited by the dogs. 1. Level 1 behavior is established if a dog, while at large, is found to menace, chase, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any person. 2. Level 2 behavior is established if a dog, while at large, bites or causes physical injury to any dog or cat. 3. Level 3 behavior is established if a dog bites or causes physical injury to any person. 4. Level 4 behavior is established if: A dog causes the serious physical injury or death of any person; or A dog, while at large, kills a dog or cat. Section 10. Keeping of Dangerous Dog; Penalty; Defenses. A. Any person who keeps a Level 1 Dangerous Dog commits a Class 4 civil infraction. B. Any person who keeps a Level 2 Dangerous Dog commits a Class 3 civil infraction. C. Any person who keeps a Level 3 Dangerous Dog commits a Class 2 civil infraction. D. Any person who keeps a Level 4 Dangerous Dog commits a Class 1 civil infraction. E. The following affirmative defenses may be presented: 1. The dog’s behavior was the direct result of the victim abusing or tormenting the dog, or 2. The dogs’ behavior was directed against a trespasser on the keeper’s property. Section 11. Keeping of Dog Pursuant to Court Order Permitted. Notwithstanding Section 10 of this Ordinance, dogs classified as dangerous dogs by the Municipal Judge may be lawfully kept pursuant to the terms of a Municipal Court order. Section 12. Classification of Dogs by Municipal Judge. ---PAGE BREAK--- ORDINANCE NO. 2434 WOODBURN ORDINANCE COMPILATION OFFENSES A. In addition to any other penalties imposed under this Ordinance, the municipal judge shall have the power to classify dangerous dogs based upon the dogs’ behavior. This classification shall be based upon evidence proving the dogs’ behavior by a preponderance of the evidence. Section 13. Disposition of Dangerous Dog Cases. A. In addition to any other penalties imposed under this Ordinance, the keeper of a dog found by the municipal judge to be a dangerous dog shall be ordered by the court to do the following: 1. If the dog was found to have engaged in Level 1 behavior, the keeper shall provide a physical device or structure that prevents the dog from reaching any public right-of-way or adjoining property, and shall restrict the dog by such a device or structure whenever the dog is outside the keeper's home and not on a leash off the keeper's property. 2. If the dog was found to have engaged in Level 2 or Level 3 behavior, the keeper shall provide a secure enclosure and confine the dog within such enclosure whenever the dog is not on a leash, off the keeper's property or inside the home of the keeper. Section 14. Disposition of Level 3 or 4 Dangerous Dog Cases. A. If the dog was found by the municipal judge to have engaged in Level 3 or 4 behavior, the municipal judge shall provide an opportunity to the keeper and the City regarding the appropriate disposition of the dog. B. If the dog was found by the Municipal Judge to have engaged in Level 4 behavior, the Municipal Judge shall order: 1. That the City euthanize the dog; or 2. That the dog be sent at the keeper’s expense to a secure animal shelter; or 3, That the dog be removed from the City as specified in this Ordinance. C. If the dog was found by the Municipal Judge to have engaged in Level 3 behavior, the Municipal Judge may order: 1. That the City euthanize the dog; or 2. That the dog be sent at the keeper’s expense to a secure animal shelter; or 3. That the dog be removed from the City as specified in this Ordinance; or ---PAGE BREAK--- ORDINANCE NO. 2434 WOODBURN ORDINANCE COMPILATION OFFENSES 4. That there be a different disposition of the case as determined to be fair and appropriate by the Court. D. The keeper shall be responsible for all fees and charges related to the care, keeping, or euthanizing of the dog. E. The municipal judge will consider ordering that the dog be sent to a secure animal shelter only at the request of the keeper. The keeper shall bear the burden of establishing that an animal shelter is available that meets the criteria for a secure animal shelter, that the shelter will accept the dog, and that the keeper is willing and able to pay all expenses for transporting and caring for the dog. F. After conclusion of the hearing, the municipal judge shall issue an order finding that the dog has engaged in Level 3 or 4 behavior and providing for disposition of the dog. This order shall include findings justifying the Court’s action. A copy of the order, including notice of the right to file a Writ of Review in Marion County Circuit Court shall be sent by regular and certified mail, return receipt requested, or delivered by personal service to the keeper of the dog. Section 15. Removal of Animals from the City Prior to releasing an animal for removal from the City pursuant to this Ordinance the municipal judge shall require: proof that an appropriate place outside of the incorporated limits of the City is available to keep the animal; proof that the animal control authority in the jurisdiction to which the animal is being moved has been informed of the relocation and has had an opportunity to address the Court; agreement by the animal’s owner to indemnify, defend, and hold the City harmless from any and all future claims of any kind or nature whatsoever relative to past or future care and custody of the animal and to the animal’s future behavior. If these requirements are not met, the Municipal Judge may order the animal seized and delivered to the Marion County Animal Control Shelter with instruction to dispose of the animal at the end of five days unless during that period, the owner sells the animal or meets the requirements under this section. The owner shall pay the costs of the action. Section 16. Shelter Operations; Impoundment, Release and Disposal. A. The Marion County Animal Control Shelter is designated as the facility to receive, care for and confine any animal delivered to its custody under the provisions of this Ordinance. This impound facility shall be operated by Marion County Animal Control for the conduct of necessary business concerning impounded animals. Impounded animals may be temporarily housed in a kennel designated by the Chief of Police prior to their transport to the Marion County Animal Shelter. B. Impoundment is subject to the following holding period and notice requirements: 1. An animal bearing identification shall be held for five working days before any action is taken to dispose of the animal. The City shall make reasonable effort within twenty-four hours of impoundment to notify the keeper, shall send by registered or ---PAGE BREAK--- ORDINANCE NO. 2434 WOODBURN ORDINANCE COMPILATION certified mail, a written notice of the impoundment to the last known address of the keeper, advising the keeper of the impoundment, the date by which redemption must be made and the fees payable prior to redemption release. 2. An animal that does not bear identification shall be held for three working days before any disposition may be made. 3. Animals held for period prescribed herein, or as otherwise required by ORS 433.340 to 433.390, and not redeemed by the keeper, shall be subject to disposal consistent with Marion County Animal Control procedures. 4. In instances where a peace officer impounds animals from a person taken into custody, the peace officer shall issue a receipt to the person reciting the redemption requirements under this Ordinance and shall serve this receipt upon the person. C. Unless restrained by Court order, the impound facility shall release any impounded animal to the keeper or the keeper's authorized representative upon payment of all applicable impoundment, shelter, care, medical costs, license fees or other applicable fees or deposits. Section 17. Penalty for Unspecified Violations. The violation of any section of this Ordinance where the penalty is not specified constitutes a Class 4 civil infraction. Section 18. Authorized Enforcement Officers. The following City officials are authorized to enforce this Ordinance: A. An animal control officer; B. A peace officer; and C. The Woodburn City Administrator or designee. Section 19. Animal Nuisance Enforcement. If there are reasonable grounds to believe that any animal constitutes a public nuisance, an action may be instituted by the City Attorney under Ordinance 2338, the Woodburn Nuisance Ordinance, as an additional remedy. Section 20. Institution of Legal Proceedings. The City Attorney, acting in the name of the City, may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this Ordinance as additional remedy. ---PAGE BREAK--- ORDINANCE NO. 2434 WOODBURN ORDINANCE COMPILATION Section 21. Exclusive Review in Marion County Circuit Court. All determinations by the municipal judge under this Ordinance shall be final and subject only to Writ of Review in the Marion County Circuit Court pursuant to ORS Chapter 34. Section 22. Savings Clause. The repeal of any ordinance by this Ordinance shall not preclude any action against any person who violated the ordinance prior to the effective date of this Ordinance. Section 23. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections and subsections. Section 24. Repeal. Ordinance No. 1638 is hereby repealed. Passed by the Council March 24, 2008 and approved by the Mayor March 26, 2008. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION ORDINANCE NO. 2521 Page 1 ORDINANCE NO. 2521 AN ORDINANCE PROHIBITING RESIDENTIAL PARKING ON UNIMPROVED AREAS; ALLOWING THE PLACING OF CITATIONS ON ILLEGALLY PARKED VEHICLES AND PROVIDING FOR ENFORCEMENT PROCEDURES [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. For purposes of this Ordinance, an “Improved Area” is defined as an area surfaced with concrete, asphalt, gravel, or any other material commonly used for the parking of Motor Vehicles, but not including grass or dirt. Section 2. For purposes of this Ordinance, a “Motor Vehicle” is defined as provided in the Oregon Vehicle Code, ORS Chapters 801 to 826. Section 3. For purposes of this Ordinance, a “Person” is defined as any natural person, firm, partnership, association or corporation. Section 4. It shall be unlawful for any Person to stop, stand, or park a Motor Vehicle on any lot with a residential zoning designation except on an Improved Area. Section 5. When a motor vehicle without an operator is parked in violation of this Ordinance, the officer finding the vehicle shall take its license number and any other information displayed on the vehicle which may identify its owner, and shall conspicuously affix to the vehicle a traffic citation instructing the operator to answer to the charge at the time and place specified in the citation. Section 6. The presence of any motor vehicle in or upon any property, private or public, in violation of this Ordinance shall be prima facie evidence that the registered owner of the motor vehicle committed or authorized such violation. Section 7. The prohibitions in this Ordinance shall not apply when an emergency requires that a Person stop, stand or park a Motor Vehicle on an area that is not an Improved Area. Section 8. Each violation of any provision of this Ordinance constitutes a class 4 civil infraction and shall be dealt with according to the civil infraction procedures established by City ordinance. Passed by the Council September 22, 2014, and approved by the Mayor September 24, 2014. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION ORDINANCE NO. 1957 PAGE 1 ORDINANCE NO. 1957 AN ORDINANCE DESIGNATING TRUCK ROUTES; PROHIBITING USE GENERALLY OF OTHER STREETS, ROADS AND HIGHWAYS FOR OPERATION OF TRUCKS, OR HEAVY VEHICLES, AND PROHIBITING USE OF AIR EXHAUST BRAKES. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. For the purposes of this ordinance the following definitions apply: "Motor Truck" for this ordinance means every motor vehicle used or maintained primarily for the transportation of property and having a gross weight in excess of 10,000 pounds, excluding recreational vehicles, emergency governmental vehicles, up to one-ton pickups, tow trucks, busses and city franchised vehicles. "Truck Trailer" means every vehicle without motive power which: Has a combined weight of vehicle and maximum load to be carried thereon of more than 10,000 pounds. Is designated for carrying property and for being drawn by a motor vehicle. "Truck Tractor" means any motor vehicle used or designed for use with a semi-trailer for carrying, conveying, or moving over the highways any freight, property, article or thing, and having a combined weight of vehicle and maximum load to be carried thereon of more than 10,000 pounds. "Truck Route" means a street, alley, or other public right-of-way which has been designated by this ordinance as an acceptable roadway for the through-city transportation of motor trucks, truck trailers, and truck tractors. "Truck Way" means a street, alley, or other public right-of-way which has been designated by this ordinance as an acceptable roadway for the commercial operation of motor trucks, truck trailers, and truck tractors, but does not constitute a through-city route necessary for specialized traffic directional control signs. Section 2. Motor Truck Traffic Prohibited. Except as provided in subsection no person shall operate any motor truck upon any public street or alley within the city unless such street or alley has been designated as a truck route or truck way. It shall be an affirmative defense to a violation of Section 2(1) that the motor truck is being operated on a public street or alley for the primary purpose of engaging in one or more of the following activities: ---PAGE BREAK--- ORDINANCE NO. 1957 PAGE 2 WOODBURN ORDINANCE COMPILATION TRAFFIC Receiving or discharging goods at any location in the city; Going to or from a business in the c ty for the purpose of fuel, service, or repair; or Servicing utility facilities or construction sites in the city. Motor trucks operated on a public street or alley for the primary purpose of engaging in one or more of the activities listed in Section 3(2) shall use only designated truck routes or truck ways prior to the point where the a tivity requires a different route of travel. (Section 2 amended by Ordinance 2169 passed by the Council May 13, 1996.) Section 3. Truck Routes and Truck ways Establ shed. Those streets, roads, and highways located within the limits of the city of Woodburn, shown on Schedule and Schedule are hereby designated as truck routes and truck ways. The Public Works Director is hereby authorized and directed to erect and maintain specialized traffic directional control signs on designated truck routes in a conspicuous manner and place at each end of the roadway or section thereof in order to give notice of such regulation. Section 4. The use of air exhaust brakes (jake brakes) on city streets, alleys and right-of-ways within the city of Woodburn is prohibited. Section 5. Civil Infraction Assessment. A violation of any provision of this ordinance constitutes a class 5 civil infraction and shall be dealt with according to the procedures established by Ordinance 1998. [Section 5 as amended by Ordinance 2008 passed October 24, 1988.] Passed by the Council July 28, 1986 and approved by the Mayor July 30, 1986. ---PAGE BREAK--- ORDINANCE NO. 1957 PAGE 3 WOODBURN ORDINANCE COMPILATION TRAFFIC I SCHEDULE ---PAGE BREAK--- ORDINANCE NO. 1957 PAGE 4 WOODBURN ORDINANCE COMPILATION TRAFFIC SCHEDULE TRUCK ROUTES 1. Highway 99E from North to South city limits. 2. Highway 214 from East to West city limits. 3. Highway 214 from 99-# to East city limits. TRUCK WAYS 1. Parr Road from West city limits to Front Street. 2. Mill Street from Front Street to Corby Street. 3. Hardcastle Avenue from Front Street to Corby Street 4. Progress Way. 5. Industrial Avenue. 6. National Way. 7. Birds Eye Avenue. 8. Front Street from North to South city limits. 9. Young Street from Front Street to 99-E. [As amended by Ordinance 2528 passed September 14, 2015] ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION TRAFFIC ORDINANCE NO. 2257 PAGE 1 ORDINANCE NO. 2257 AN ORDINANCE PERMITTING THE USE OF GOLF CARTS IN DESIGNATED AREAS; REGULATING SUCH USE PURSUANT TO THE REQUIREMENTS OF STATE LAW; REPEALING ORDINANCE NO. 1841; AND DECLARING AN EMERGENCY. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. “Golf cart,” is defined, as it is in ORS 801.295, as a motor vehicle that has not less than three wheels in contact with the ground, has an unloaded weight less than 1,300 pounds, is designed to be and is operated at not more than 15 miles per hour, and is designed to carry golf equipment and not more than two persons, including the driver. "Senior Estates," is defined as the areas platted as Woodburn Senior Estates, which is described as follows: Woodburn Senior Estates No. 2, Subdivision of Block No. 23 of Woodburn Senior Estates No. 2; Woodburn Senior Estates No. 3; Woodburn Senior Estates No. 4; Woodburn Senior Estates No. 5; Resubdivision of a portion of Woodburn Senior Estates No. 5, Blocks 48, 49, 50, 51, 52 & 53; Woodburn Senior Estates No. 6; Woodburn Senior Estates No. 7; Woodburn Senior Estates No. 7A; Woodburn Senior Estates No. 8 as filed with Marion County. “Woodburn Crossing” is defined as the shopping center located on the commercial properties to the northwest of the intersection of Highway 214 and Country Club Road, City of Woodburn, and lying immediately adjacent to Senior Estates. Section 2. Where Golf Carts Are Permitted. Golf carts are permitted to be used on all of the streets in the areas known as Senior Estates and Woodburn Crossing as described in Section 1. No such permission is intended or implied for any public way other than those within the boundaries described. Golf carts may be operated between the golf course and the place where golf carts are parked or stored or located within or bounded by Senior Estates, as provided for in ORS 810.070. Section 3. Qualifications of Drivers. Drivers of golf carts shall obtain and have in their possession a valid Oregon Drivers License or Oregon Department of Motor Vehicles Golf Cart Permit when operating golf carts under this ordinance. Section 4. Regulations for Use of Golf Carts. Golf carts shall be operated only during daylight hours, and shall observe all applicable requirements of state traffic law. Golf carts shall yield the right of way to motor vehicles and pedestrians when crossing a public street. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION TRAFFIC ORDINANCE NO. 2257 PAGE 2 Section 5. Oregon Highway 214. The operation of golf carts shall not be allowed on any portion of the public highway known as Oregon Highway 214. The crossing of Highway 214 at Oregon Way and Country Club Road or any other location is prohibited. Golf carts shall use the golf course tunnel under Highway 214 to get from one side of the highway to the other. Section 6. Registration and Licensing Exemption. Golf carts operated pursuant to this ordinance shall be exempt from registration and licensing as provided in ORS 820.210. Section 7. Vehicle Equipment Exemption. Golf carts operated pursuant to this ordinance shall be exempt from vehicle equipment laws as provided for in ORS 810.070. Section 8. Liability. The operation of golf carts under this Ordinance shall be totally the risk and responsibility of the operator. The City, by passing this Ordinance of permission and designation under state law, assumes no responsibility for the operation of the golf carts and shall be held harmless in any action arising from the operation of golf carts on or off any public way within the City. Section 9. Repeal. Ordinance No. 1841 is hereby repealed. Section 10. [Emergency clause.] Passed by the Council February 14, 2000 and approved by the Mayor February 15, 2000. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION TRAFFIC ORDINANCE NO. 2285 PAGE 1 ORDINANCE 2285 AN ORDINANCE REGULATING MOTOR VEHICLE, BICYCLE AND PEDESTRIAN TRAFFIC WITHIN THE CITY OF WOODBURN; REPEALING ORDINANCES 1904, 2078 AND 2191; AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Short Title. This ordinance may be cited as the “City of Woodburn Traffic Ordinance.” Section 2. Definitions. The definitions contained in the Oregon Vehicle Code, ORS Chapter 801, as constituted on the date this ordinance takes effect, are hereby incorporated by reference. As used in this Ordinance, the following words and phrases mean: Bus stop. A space on the edge of a roadway designated by sign for use by buses loading or unloading passengers. Chief of Police. The Chief of Police of the City of Woodburn or designee. City. The City of Woodburn. City Administrator. The City Administrator of the City of Woodburn or designee. Council. The City Council of the City of Woodburn. Emergency. A situation where an unforeseen combination of circumstances calls for immediate action in order to avoid damage to a vehicle or where a vehicle was rendered inoperable but does not include a situation where the vehicle is left standing in excess of 24 hours. Holiday. New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and any other day proclaimed by the Council to be a holiday. Loading zone. A space on the edge of a roadway designated by sign for the purpose of loading or unloading passengers or materials during specified hours of specified days. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION TRAFFIC ORDINANCE NO. 2285 PAGE 2 Parade. Any march, demonstration, procession or motorcade consisting of persons, animals, or vehicles or a combination thereof upon the streets, parks or other public grounds within the City with an intent of attracting public attention that interferes with the normal flow or regulation of traffic upon the streets, parks or other public grounds. Person. A natural person, firm, partnership, association, or corporation, company or organization of any kind. Street. Any place or way set aside or open to the general public for purposes of vehicular traffic. Traffic lane. That area of the highway used for or designated for the movement of a single line of traffic. Truck. Truck. A “motor truck” vehicle as defined by ORS 801.355 that is designed and used primarily for drawing other vehicles, such as truck trailers, or for carrying loads other than passengers, and subject to state licensing for ten thousand (10,000) pounds or more gross weight. (as amended by Ordinance 2537) Truck Trailer. Any trailer designed and used primarily for carrying loads other than passengers whether designed as a balance trailer, pole trailer, semi- trailer or self-supporting trailer. Administration Section 3. Powers of the Council. Subject to state law, the Council constitutes the City road authority under ORS 810.010 and is empowered with all municipal traffic authority for the City except those powers specifically and expressly delegated herein or by another ordinance. Section 4. Duties of the City Administrator. The City Administrator shall implement the ordinances, resolutions and motions of the Council. Installation of traffic control devices shall be based on the standards contained in the Oregon Manual on Uniform Traffic Control Devices for Streets and Highways. Section 4A. Duties of Chief of Police. In addition to any other duties provided herein, the Council delegates to the Chief of Police the authority under ORS 810.030 to impose temporary street closures for a period not to exceed 14 days. Temporary street closures may be made because of traffic accidents or hazards, construction activity, natural disasters, special events, or any other reason where temporary closure is necessary to protect the interest and safety of the general public. (Section 4A added by Ordinance 2323 adopted July 17, 2002.) Section 5. Public Danger. Under conditions constituting a danger to the public, the City Administrator may install temporary traffic control devices which are determined to be necessary. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION TRAFFIC ORDINANCE NO. 2285 PAGE 3 Section 6. Standards. The regulations of the Mayor and City Council or its designate shall be based upon: Traffic engineering principles and traffic investigations. Standards, limitations and rules promulgated by the Oregon Transportation Commission. Other recognized traffic control standards. Section 7. Authority to Enforce Ordinance. Police officers as defined by ORS 801.395 and all other City employees and parking patrol volunteers designated by the City Administrator have the authority to enforce the provisions of this Ordinance to all City of Woodburn owned or operated property, highways as defined by ORS 801.305, and all private streets within the City limits specifically noted by this Ordinance. The City Administrator may authorize a volunteer or volunteer patrols to issue parking citations on behalf of the city as a part of an organized program administered through the City’s police department. Such a person shall have full authority to assist in the enforcement of the city’s ordinances and regulations relating to parking, including but not limited to the issuance of parking citations. (as amended by Ordinance 2546) Section 7A. Right of Entry. When necessary to investigate a suspected violation of this Ordinance, the enforcement officer may enter on any site open to the public for the purpose of investigation, provided entry is done in accordance with law. Absent a search warrant, no site that is closed to the public shall be entered without the consent of the owner or occupant. If entry is refused, the enforcement officer shall have recourse to the remedies provided by law to secure entry. (as amended by Ordinance 2537) Section 8. Alteration of Traffic Control Devices Prohibited. No unauthorized person shall install, move, remove, alter the position of, or deface or tamper with a traffic control device. Section 9. Presumption that Traffic Control Device was Lawfully Authorized and Installed. A traffic control device is presumed to be lawfully authorized and installed unless the contrary is established by competent evidence. General Regulations Section 10. Crossing Private Property. No operator of a vehicle shall proceed from one street to an intersecting street by crossing private property. This provision shall not apply to the operator of a vehicle who stops on the property for the purpose of procuring or providing goods or services. Section 11. Unlawful Riding. No operator shall permit a passenger and no passenger shall ride on a vehicle upon a street except on a portion of the vehicle designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to a person riding within a truck body in space intended for merchandise. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION TRAFFIC ORDINANCE NO. 2285 PAGE 4 No person shall board or alight from a vehicle while the vehicle is in motion upon a street. Section 12. Prohibited Devices. No person shall use the streets for traveling on skis, toboggans, sleds, skates, skateboards roller blades or other similar devices. Section 13. Removing Glass and Debris. A party to a vehicle accident or a person causing broken glass or other debris to be deposited upon a street shall remove the glass and other debris from the street. Section 14. Obstructing Streets. No unauthorized person shall obstruct the free movement of motor vehicles or pedestrians using the streets. Section 15 – 17. Repealed by Ordinance 2632 Section 18 – 26. Repealed by Ordinance 2632 Section 27 - 28. Repealed by Ordinance 2632 Bicycles Section 29. Bicycle Operating Rules. In addition to observing all other applicable provisions of this ordinance and state law pertaining to bicycles, a person shall: Not leave a bicycle, except in a bicycle rack. If no bike rack is provided, the person shall leave the bicycle so as not to obstruct any roadway, sidewalk, driveway or building entrance. A person shall not leave a bicycle in violation of the provisions relating to the parking of motor vehicles. Not ride a bicycle upon a sidewalk within the downtown core area bounded on the north by Harrison Street, on the west by Second Street, on the south by Cleveland Street, and on the east by Front Street. Section 30. Licensing. The owner or lawful possessor of a bicycle may obtain a license in the following manner: The police department shall issue licenses and in so doing, shall obtain and record the name and address of each person purchasing a license and the make, model and serial number (if any) of the bicycle. A number shall be assigned to each bicycle so licensed, and a record of the license issued shall be maintained as part of the police records. A license plate assigned shall be affixed to the frame of the bicycle. A fee for a bicycle license shall be $1.00; all license fees collected shall be paid over to the general fund. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION TRAFFIC ORDINANCE NO. 2285 PAGE 5 Section 31. Impounding of Bicycles. No person shall leave a bicycle on public or private property without the consent of the person in charge or the owner thereof. A bicycle left on public property for a period in excess of 24 hours may be impounded by the police department. In addition to any citation issued, a bicycle parked in violation of this ordinance may be immediately impounded by the police department. If a bicycle impounded under this ordinance is licensed, or other means of determining its ownership exist, the police shall make reasonable efforts to notify the owner. A bicycle impounded under this ordinance which remains unclaimed shall be disposed of in accordance with the city's procedures for disposal of abandoned or lost personal property. Pedestrians Section 32. Right Angles. A pedestrian shall cross a street at a right angle, unless crossing within a crosswalk. Section 33. Use of Available Crosswalk. No pedestrian shall cross a street other than within a crosswalk in blocks with marked crosswalks or if within 150 feet of a marked crosswalk. Section 34. Skates, Skateboards, and Roller blades. No person shall use skates, skateboards, roller blades or other similar devices upon a sidewalk within the downtown core area bounded on the north by Harrison Street, on the west by Second Street, on the south by Cleveland Street, and on the east by Front Street. Funeral Processions Section 35. Funeral Processions. A funeral procession shall proceed to the place of interment by the most direct route which is both legal and practical. The procession shall be accompanied by adequate escort vehicles for traffic control purposes. All motor vehicles in the procession shall be operated with their headlights turned on. No person shall unreasonably interfere with a funeral procession. No person shall operate a vehicle which is not a part of the procession between the vehicles of a funeral procession. Parades ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION TRAFFIC ORDINANCE NO. 2285 PAGE 6 Section 36. Permit Required. No person shall engage in or conduct any parade unless a permit is issued by the Chief of Police. Section 37. Parade Permit Application. Application for a parade permit shall be made, except for a funeral procession, to the Chief of Police at least seven days prior to the intended date of parade, unless the time is waived by the Chief of Police. In considering whether to waive the minimum time within which an application for a permit must be made, the Chief of Police shall consider the following factors: Whether the size, route or nature of the proposed parade is such that additional law enforcement or other resources are required; Time needed to inform the public of the parade in order to minimize public inconvenience. Applications shall be signed by the applicant and include the following information: The name, address and telephone number of the persons responsible for the proposed parade. The name, address and telephone number of the headquarters of the organization for which the parade is to be conducted, if any, and the authorized and responsible heads of the organization The requested date of the proposed parade. The desired route, including assembling point. A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traveled. The location by street of any assembly areas for such parade. The number of persons, vehicles and animals which will be participating in the parade. The estimated number of spectators. A description of any recording equipment, sound amplification equipment, banners, signs, or other attention-getting devices to be used in connection with the parade. The intervals of space to be maintained between units of such parade. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION TRAFFIC ORDINANCE NO. 2285 PAGE 7 The proposed starting and ending times. Section 38. Standards for Issuance The Chief of Police shall issue a parade permit as provided for herein when, from a consideration of the application and from such other information as may otherwise be obtained, the Chief of Police finds that: The conduct of the parade will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location; The conduct of the parade will not require the diversion of so great a number of City police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the City; The concentration of persons, animals, and vehicles at public assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such public assembly areas; The conduct of the parade is not reasonably likely to cause injury to persons or property; The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route; Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas; There are sufficient parking places near the site of the parade to accommodate the number of vehicles reasonably expected; No parade permit application for the same time and location is already granted or has been received and will be granted. Section 39. Denial of Permit. If the Chief of Police denies the permit based upon the standards for issuance specified in Section 38, written findings shall be issued specifying the reasons for the decision and a copy of the findings shall be furnished to the applicant. Section 40. Alternative Permit. The Chief of Police, in denying an application for a parade permit, may authorize the conduct of the parade at a date, time, location, or route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five days after notice of the action of the Chief of Police, file a written notice of acceptance with the Chief of Police. An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit issued under this Ordinance. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION TRAFFIC ORDINANCE NO. 2285 PAGE 8 Section 41. Notification of Decision. The Chief of Police shall notify the applicant of the decision within five days of receipt of the application. If the Chief of Police requires an alternate route or an alternate date or refuses to issue a permit, the applicant shall have the right to appeal this decision to the Council. Section 42. Appeal to Council. The applicant may appeal the decision of the Chief of Police by filing a written request of the appeal with the City Recorder within five days after the Chief of Police has proposed alternatives or refused to issue a permit. The Council shall schedule a hearing date which shall not be later than the second regular session following the filing of the written appeal with the City Recorder and shall notify the applicant of the date and time that he may appear either in person or by a representative. Section 43. Public Conduct During Parades. No person shall unreasonably hamper, obstruct or impede, or interfere with any parade or with any person, vehicle or animal participating or used in a parade. No driver of a vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street constituting a part of the route of a parade. Section 44. Prohibited Conduct. The following prohibitions shall apply to all parades: It shall be unlawful for any person to stage, present, or conduct any parade without first having obtained a permit as herein provided; It shall be unlawful for any person to participate in a parade for which the person knows a permit has not been granted; It shall be unlawful for any person in charge of, or responsible for the conduct of, a duly licensed parade to knowingly fail to comply with any condition of the parade permit; Section 45. Permit Revocable. The City Administrator may revoke a parade permit if: An imminent threat of violence and personal injury to the parade participants exists, all reasonable efforts to protect the parade participants have failed, ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION TRAFFIC ORDINANCE NO. 2285 PAGE 9 and a request to disband the parade made to the parade organizers has been refused; Actual violence that endangers public safety has been caused by parade participants and public safety cannot be protected without revocation of the permit; or There is significant deviation from the route designated in the application or approval, or assembly at points not shown in the application or approval, which occurs without approval of the Chief of Police. Parking Citations and Owner Responsibility Section 46. Citation on Illegally Parked Vehicle. Whenever a vehicle without an operator is found parked in violation of a restriction imposed by this ordinance or state law, the officer finding the vehicle shall take its license number and any other information displayed on the vehicle which may identify its owner, and shall conspicuously affix to the vehicle a traffic citation instructing the operator to answer to the charge and at the time and place specified in the citation. Section 47. Owner Responsibility. The owner of a vehicle placed in violation of a parking restriction shall be responsible for the offense, except when the use of the vehicle was secured by the operator without the owner's consent. Section 48. Registered Owner Presumption. In a prosecution of a vehicle owner charging a violation of a restriction on parking, proof that the vehicle at the time of the violation was registered to the defendant shall constitute a presumption that the defendant was then the owner in fact. Impoundment and Penalties Section 49. Repealed by Ordinance 2632 Section 50. Civil Infraction Assessment. Each violation of any provision of this Ordinance constitutes a class 4 civil infraction and shall be dealt with according to the procedures established by City ordinance. General Section 51. Severability Clause. If a portion of this ordinance is for any reason held to be invalid, such decision shall not affect validity of the remaining portions of this ordinance. Section 52. Repeal. Ordinances 1904, 2078 and 2191 are hereby repealed. Section 53. Saving Clause. The repeal of any ordinance by this Ordinance shall not preclude any action against any person who violated the ordinance prior to the effective date of this ordinance. Section 54. Emergency Clause. Passed by the Council April 23, 2001 and approved by the Mayor April 24, 2001. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION TRAFFIC PAGE 1 ORDINANCE NO. 2404 ORDINANCE NO. 2404 AN ORDINANCE ESTABLISHING A POLICE TRAINING ASSESSMENT TO BE IMPOSED IN TRAFFIC VIOLATION CASES [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Whenever the Woodburn Municipal Court imposes a fine or orders a forfeiture for a traffic violation, a Police Training Assessment in an amount of $5.00 shall be imposed in addition to the amount of the fine or forfeiture. Section 2. Proceeds from the payment of Police Training Assessments shall be used for Woodburn Police Department training. Section 3. The Woodburn City Council determines that the Police Training Assessment does not constitute a tax under the Oregon Constitution and is not subject to the property tax limitation of Article XI, Section 11(b). Passed by the Council July 10, 2006 and approved by the Mayor July 12, 2006. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION TRAFFIC ORDINANCE NO. 2464 PAGE 1 ORDINANCE NO. 2464 AN ORDINANCE PROVIDING FOR THE REGULATION OF TAXICABS; TAXICAB DRIVERS; TAXICAB COMPANIES; AND SETTING AN EFFECTIVE DATE THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions A. Certified Mechanic. A mechanic who meets all the following criteria: 1. Does not own, lease or drive a Taxicab; 2. Has no financial interest in any Taxicab Company operating within the State of Oregon; 3. Has received ASE (Automotive Service Excellence) A Series (Automobile/Light Truck Certification) master certification; and 4. Is not employed by any Taxicab Company. B. City Recorder. The City of Woodburn City Recorder or designee. C. Driver. Any person operating Taxicabs as a Driver for any Taxicab Company regardless of whether the vehicles so operated are owned by the company, leased, or owned by individual members of the company. D. Finance Director. The City of Woodburn Finance Director or designee. E. Flat Rate. A rate that remains constant regardless of the distance traveled or the time involved. F. Operate. To drive a Taxicab, to use a Taxicab in the conduct of business, to receive money from the use of a Taxicab, or cause or allow another person to do the same. G. Person. Any individual, partnership, trust, estate, corporation, or other form of business organization recognized by Oregon law. H. Police Chief. The City of Woodburn Chief of Police or designee. I. Taxicab. Any motor vehicle used for transportation for hire where the destination and route traveled may be controlled by a passenger and the fare is calculated on the basis of any combination of an initial fee, distance traveled, waiting time, or a flat fee except for an accessible vehicle, ambulance, limousine, medical transport vehicle, shuttle or tour bus. For purposes of this section, the following definitions shall apply: a) “Accessible vehicle” means any motor vehicle constructed and equipped for the non-emergency transportation of persons in ---PAGE BREAK--- ORDINANCE NO. 2464 PAGE 2 WOODBURN ORDINANCE COMPILATION TRAFFIC b) wheelchairs, persons using other mobility aids, or with other mobility impairments. c) “Ambulance” means any motor vehicle constructed and equipped for the emergency transportation of persons because of or in connection with their illness, injury or disability. d) “Limousine” means any luxury class motor vehicle that is operated for hire on a reserved, hourly basis. e) “Medical transport vehicle” means any motor vehicle constructed and equipped for the non-emergency transportation of persons in connection with their illness, injury or disability. f) “Shuttle” means any motor vehicle for hire that transports passengers between predetermined destinations motels and airports), at fixed rates, and on a fixed schedule. g) “Tour bus” means a motor vehicle accepting individual passengers for a fare for sightseeing or guided tours, making occasional stops at certain points of interest and returning the passengers to the point of origin. J. Taxicab Company. Any person that operates Taxicabs other than only as a Driver that either has its primary place of business within the city limits, or regularly conducts business within the City, regardless of whether the vehicles so operated are owned by the company, leased, or owned by individual members of the company. K. Taxicab Company Permit. A permit issued under this Ordinance to operate a Taxicab Company. L. Taxicab Driver Permit. A permit issued by the City that the Driver is authorized to operate a Taxicab under this Ordinance. M. Translink Provider. A business or company that has been approved as a provider of transportation services by the federal government by meeting federal standards and receipt of a certificate evidencing such compliance. N. Taximeter. A mechanical or electronic device which calculates and displays a fare based on an initial fee, distance traveled, waiting time, or any combination thereof. Section 2. Taxicab Company Permit Required – Exemptions A. No Person shall operate any Taxicab Company in the City of Woodburn without possessing, in addition to any license required by any other law, a valid Taxicab Company Permit issued pursuant to this Ordinance. A Taxicab Company Permit may not be sold, assigned, mortgaged or otherwise transferred. B. Exemptions to Taxicab Company Permit Requirement. 1. Public Transportation provided and funded in whole or in part by public organizations shall be exempt from the permit requirements of this Ordinance. 2. Certified Translink Providers that show proof of such certification to the City. ---PAGE BREAK--- ORDINANCE NO. 2464 PAGE 3 WOODBURN ORDINANCE COMPILATION TRAFFIC Section 3. Taxicab Company Permit Applications – Issuance A. Application Requirements. An applicant for a Taxicab Company Permit must submit to the Finance Director: 1. Proof of registration with the Secretary of State for any corporate, LLC or LLP entity; 2. Proof of registration with the Secretary of State for any assumed business name, along with a listing of the registrant of such; 3. The business name, business address and residence address and telephone numbers of the applicant; 4. A list of any misdemeanor or felony convictions of the owner(s) and officers of the Taxicab Company; 5. The name of the person who will be responsible for and who will oversee the day-to-day operations of the Taxicab Company; 6. The make, type, year of manufacture, VIN number, and seating capacity of each vehicle that will be operated as a Taxicab under the Taxicab Company Permit; 7. A description of the proposed color scheme, name, monogram or insignia that will be used on the Taxicabs; 8. A nonrefundable application fee in the amount of $120. B. Insurance Certificate. No Taxicab Company Permit will be issued unless the Taxicab Company provides to the Finance Director a Certificate of Insurance indicating that the insurance requirements of Section 8 of this Ordinance have been satisfied. C. Inspection Certificate. No Taxicab Company Permit will be issued unless the Taxicab Company provides to the Finance Director an Inspection Certificate from a Certified Mechanic as provided in Section 7 of this Ordinance. D. Issuance of Permit. The Finance Director will issue a Taxicab Company Permit upon finding that the applicant has met the requirements of this Ordinance. E. External display of permit. Each Taxicab operated by a Taxicab Company shall prominently display on the exterior of the Taxicab a sticker issued by the City indicating that the permit requirements of this Ordinance have been met. Section 4. Annual Taxicab Company Permit Renewal. Taxicab Company Permits shall be renewed upon submission of an annual permit fee in the amount of $100. ---PAGE BREAK--- ORDINANCE NO. 2464 PAGE 4 WOODBURN ORDINANCE COMPILATION TRAFFIC Section 5. Equipment Every Taxicab is to be equipped with the following: A. Except for a Taxicab charging a flat rate, a Taximeter that meets the requirements of this Ordinance. B. A Taxicab charging a flat rate must be equipped with a sign that states “Flat Rate” and specifies the rate. C. A top light identifying it as a Taxicab. D. The company name and telephone number where service can be requested displayed on the exterior of the Taxicab. E. A cell phone or taxi radio dispatching calls for service. F. A current copy of the Taxicab Company Permit with the approved vehicle’s Vehicle Identification Number (VIN). G. A notice providing information necessary to file a complaint under this Ordinance. Section 6. Taximeter Requirements. A. Every Taxicab, except for a Taxicab charging a Flat Rate, must be equipped with a Taximeter in accurate operating condition, with a lighted face that can easily be read at all times by the passenger. B. Every Taximeter must be inspected by a certified taximeter installer and certified at installation, at change in rate, and within 1 year of the last inspection. A certificate of inspection must be issued by a qualified Taximeter repair service upon each inspection. A copy of the certificate of inspection must remain in the Taxicab. C. Certificates of inspection must include: 1. The identifying number of the Taximeter; 2. The make, model and license number of the Taxicab in which the Taximeter is installed; 3. The name of the Taxicab Company; 4. The date of inspection; 5. A statement that the Taximeter has been inspected and approved and that its readings are accurate; and ---PAGE BREAK--- ORDINANCE NO. 2464 PAGE 5 WOODBURN ORDINANCE COMPILATION TRAFFIC 6. The signature of the individual making the certification. D. A Taxicab Company must keep on file copies of all certificates of inspection of Taximeters. E. Taximeters must operate within the following limits of accuracy: Plus or minus 50 feet in 1 mile and 1 second in 1 minute of waiting time. F. Certificates of inspection may be examined by the City at any time during normal business hours. G. All Taximeters must be approved by the National Type Evaluation Program (NTEP) as evidenced by a “Certificate of Conformance” issued by an authorized inspector. All Taximeters must have an active NTEP Certificate of Conformance number. Section 7. Inspection and Maintenance of Taxicabs A. Prior to the issuance of a Taxicab Company Permit, and annually thereafter, each Taxicab shall be examined and inspected by either a Certified Mechanic and shall be found to be in safe operating condition. B. Every Taxicab must have proof of its annual inspection in the vehicle. Proof of the inspection shall be submitted to the Finance Director on an annual basis. Section 8. Taxicab Insurance Requirements. A. Coverages and Limits: All Taxicab Company Permit holders must obtain, comply with, and maintain the minimum levels of insurance coverage outlined below during the entire term that the Taxicab Company Permit is valid: 1. Commercial Business Insurance. Taxicab Company Permit holders must secure and maintain a Commercial General Liability policy reflecting limits of no less than $1,000,000 per Occurrence and $2,000,000 Aggregate for covered claims arising out of, but not limited to, Bodily Injury, Property Damage, Personal Injury, and Contractual Liability in the course of the policy holder’s work under the Taxicab Company Permit. 2. Vehicle Insurance. All Taxicab Company Permit holders, regardless of whether the company holds title to a vehicle or not, must provide the City with a copy of a valid Commercial Auto Liability policy reflecting a Combined Single Limit of not less than $500,000 per occurrence for claims arising out of, but not limited to, bodily injury and property damage incurred in the course of the vehicle’s use as a Taxicab. The Commercial Auto Liability policy must comply with the mandatory laws of the State of Oregon and/or other applicable governing bodies. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION TRAFFIC ORDINANCE NO. 2464 PAGE 8 3. Worker’s Compensation and Employers Liability Insurance. The Taxicab Company Permit holder must secure and maintain a Workers Compensation and Employers Liability policy where required by state law. 4. The Commercial General Liability and Commercial Auto Liability coverage must name the City and its officers, agents and employees as additional insureds as respects to claims, in the course of the policy holder’s work as a Taxicab Company. 5. The insurance limits are subject to statutory changes as to maximum limits of liability imposed on municipalities of the State of Oregon during the permit’s term. 6. The insurance policy must allow for written notice to the Finance Director 10 days before any policy is cancelled, will expire, or be reduced in coverage.(as amended by Ordinance 2535) 7. In addition to notice provision requirements under Section the Taxicab Company itself must also notify the Finance Director at least 10 days before any policy is modified, cancelled, set to expire, or be reduced in coverage. (as amended by Ordinance 2535) Section 9. Taxicab Driver Permits Required − Application Process & Requirements. A. Permit Required. No person may drive a Taxicab that regularly conducts business in the City without a Taxicab Driver Permit issued under this Ordinance. B. Application Documents Required. Applicants for a Taxicab Driver Permit must submit to the Finance Director the items listed below. The failure to submit any of the items listed will result in a denial of the permit: 1. A completed application on a form approved by the Finance Director; 2. A copy of the applicant’s current driver’s license; 3. A copy of the applicant’s non-Oregon driving record for any year in which the applicant was not a resident of Oregon during the last 10 years, regardless of the jurisdiction; and 4. A copy of the applicant’s criminal history; and 5. A set of the applicant’s fingerprints; and 6. If necessary, any information that reasonably relates to the application or is a clarification of information provided to the Finance Director. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION TRAFFIC ORDINANCE NO. 2464 PAGE 8 C. Photographs. Applicants will be photographed by the City upon submittal of the Taxicab Driver Permit application. The photograph then becomes a part of the applicant’s submittal package. D. Fees Required. Applicants must submit a nonrefundable application fee in the amount of $105. E. Age, Criminal History, Driving History and Insurability Requirements. Applicants for a Taxicab Permit may not be issued a permit if any of the following conditions exist: 1. The applicant has been convicted of any felony in the 10 years preceding the submission of the application; 2. The applicant has been convicted of any misdemeanor involving assault, sex crimes, drugs, prostitution or weapons in the 10 years preceding the submission of The application; 3. The applicant has a felony conviction involving physical harm or attempted physical harm to a person, regardless of when the conviction occurred; 4. During the 5-year period preceding the submission of the application, the applicant has been convicted of: a. Any traffic crime, including but not limited to: Driving under the Influence of Intoxicants, Reckless Driving, Attempt to Elude a Police Officer, or Failure to Perform the Duties of a Driver; or b. Misdemeanor theft. 5. During the 5-year period preceding the submission of the initial application, the applicant had greater than 10 traffic infractions as defined in ORS 801.557; greater than five serious traffic violations as defined in ORS 801.477; greater than five motor vehicle accidents that are required to be reported to the Oregon Department of Motor Vehicles pursuant to ORS 811.720; or, greater than five of any combination of serious traffic violations or motor vehicle accidents as provided above; 6. During the 10-year period preceding the filing of the initial application, the applicant’s driving privileges were suspended or revoked by any governing jurisdiction as a result of a driving-related incident; 7. The applicant has more than three traffic violations of any kind within the previous 12 months from the date of the application; 8. The applicant does not have at least 2 years’ worth of continuous driving experience in a United States jurisdiction immediately prior to the date of the application’s submission; 9. The applicant is less than 21 years old; or ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION TRAFFIC ORDINANCE NO. 2464 PAGE 8 10. The applicant is unable to obtain car insurance for any reason. Section 10. Issuance of Taxicab Driver Permit; Term; Replacements. A. After an application for a Taxicab Driver Permit is submitted, the Police Chief will provide to the Finance Director a written investigation based upon the requirements of this Ordinance. B. Issuance and Fees. If an applicant submits the required documents and otherwise satisfies all conditions and requirements of this Ordinance, the Finance Director will issue a Taxicab Driver Permit. C. Permit Requirements: A Taxicab Driver Permit must: 1. Contain the permit number, permit expiration date, the driver’s name and the driver’s photograph; 2. Be posted in a prominent place within the Taxicab; and 3. Be inside the vehicle and available for inspection by any customer, passenger, police officer or designated City employee. D. Term. A Taxicab Driver Permit is valid for a period of 12 months from the date of issuance and must be renewed upon expiration. E. Replacements. If a driver’s permit is lost, damaged or stolen, the Finance Director will issue a replacement permit for a fee in the amount of $25. Section 11. Taxicab Driver Permit Renewals; Consequences of Failure to Renew. A. Taxicab Driver Permits must be renewed every 12 months from the date of issuance. B. The following information and the renewal fee must be submitted to the Finance Director no less than 30 days prior to the renewal date: 1. Updated file information if any information in the original application has changed; 2. Payment of the renewal fee of $55. C. A Taxicab Driver Permit will not be renewed if the driver fails to satisfy any condition that would have been grounds to deny the initial permit, including any criminal activity or driving crimes/violations. D. If a driver fails to timely pay the permit renewal fee or timely provide the renewal information required by this Ordinance, the Taxicab Driver Permit expires and becomes void. A voided Taxicab Driver Permit requires the former permittee to file an initial permit application and pay all necessary fees required by this Ordinance to obtain a valid Taxicab Driver Permit. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION TRAFFIC ORDINANCE NO. 2464 PAGE 9 Section 12. Operating Regulations of Taxicab Companies and Drivers A. Taxicab Companies. A Taxicab Company shall not: 1. Allow any Taxicab to be driven that has not been inspected and properly permitted, or 2. Allow a person to operate a Taxicab that does not have a valid Taxicab Driver Permit issued pursuant to this Ordinance. B. Drivers. A Driver shall not: 1. Transport a passenger to his destination by any other than the most direct route, unless requested to do so by the passenger; 2. Fail to give a correct receipt upon payment of the correct fare if requested to do so by the passenger; 3. Permit additional persons to occupy or ride in the Taxicab without consent of the original passenger; 4. Unreasonably refuse to transport to a requested destination any passenger who requests services and is able to demonstrate the ability and willingness to pay the fare; 5. Charge a fare higher than the posted rates, or try to defraud a passenger in any way by manipulating devices to cause a registration to be made of a greater distance or more time; or 6. Operate a Taxicab in violation of any Oregon law. Section 13. Suspension or Revocation A. Any Permit under this Ordinance may be suspended or revoked by the Finance Director if after a reasonable investigation one or more of the following conditions exist: 1. The Taxicab Company ceases to operate any Taxicab for a period of 15 consecutive days without obtaining permission for the cessation of such operation from the City. 2. The Taxicab Company and/or Driver fails to operate the Taxicab in accordance with the provisions of this Ordinance. 3. The Taxicab Company and/or Driver fails to pay any of the fees or payments required to be paid by the provisions of this Ordinance. 4. The suspension or revocation is necessary to protect the public health, safety, and welfare. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION TRAFFIC ORDINANCE NO. 2464 PAGE 10 5. The revocation or suspension is otherwise authorized by Ordinances of the city. B. Any suspension or revocation pursuant to this section shall be in writing, setting forth the reasons therefore and the right of appeal pursuant to this Ordinance. C. Except as provided below, any suspension or revocation shall be effective 10 days after mailing a copy thereof by first class United States mail addressed to the Taxicab Company and/or Driver at the business or residence address shown on the Permit application or renewal. D. Notwithstanding subsection of this section, a suspension or revocation may be made effective immediately if the City finds reasonable grounds to believe that: 1. A person holding a Taxicab Driver’s Permit is not covered by liability insurance as required by this Ordinance, 2. A vehicle being operated as a Taxicab is not covered by liability insurance required by this Ordinance, or 3. Continued operation by the Taxicab Company or Taxicab Driver would cause, or is likely to cause, imminent danger to the public health, safety, or welfare. Section 14. Surrender of Certificate or Permit Any Permit suspended or revoked by the City shall be surrendered to the Finance Director and the operation of any Taxicab covered by said permit shall cease. Section 15. Rates A. Except for a Taxicab charging a Flat Rate, the rates to be charged to passengers are to be based on the factors of mileage from the point of origin to the point of destination by the most direct route, the time involved, and the number of passengers. No Taxicab may charge any fees or rates other than those that are posted. B. A clear and complete summary of a Taxicab Company’s rate schedule shall be posted in a conspicuous place in the passenger compartment of every Taxicab. Every Taxicab Company shall provide the Finance Director with a copy this summary prior to posting them in the Taxicabs. C. Except for a Taxicab charging a Flat Rate, a summary of the meter rate in a form approved by the Finance Director shall be placed in a manner to be visible from the outside of every Taxicab. Section 16. Complaints ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION TRAFFIC ORDINANCE NO. 2464 PAGE 11 A. Every Taxicab shall have posted in a prominent place within the passenger compartment a notice entitled “Complaints” providing the information necessary to file a complaint with the City and/or the Taxicab Company under this Ordinance. B. Every Taxicab Company shall maintain an Annual Log of all complaints it receives either in writing or by telephone. Each Annual Log shall be kept by the Taxicab Company for a period of five years and shall be available to the City upon request. Section 17. Appeals and Writ of Review A. Any Person aggrieved by a decision of the Finance Director under this Ordinance may appeal such action to the City Council by filing a written Notice of Appeal, accompanied by an appeal fee of $65 with the City Recorder within 10 days of the Finance Director’s decision. B. Within 10 days of receiving the Notice of Appeal, the City Recorder will: 1. Set a time for the appeal to be heard by the City Council; 2. Place the hearing of the appeal upon the Council agenda; and 3. Notify the aggrieved Person and the Finance Director of the time set no less than 10 days prior to that time. C. The aggrieved Person may appear personally, via a company representative, and/or by counsel and present such facts and arguments as may tend to support the appeal. D. The Finance Director will provide the City Council with a staff report outlining the decision and the reasons therefore. E. The City Council will uphold the Finance Director’s decision, reverse it, or modify it with any conditions that the City Council deems appropriate. The City Council’s final decision shall be in written and supported by findings. F. All final decisions by the City Council under this Ordinance shall be subject only to Writ of Review in the Marion County Circuit Court pursuant to ORS Chapter 34. Section 18. Violation – Penalty A. In addition to, and not in lieu of any other enforcement mechanisms, a violation of any provision of this Ordinance constitutes a Class 1 Civil Infraction and may be processed according to the procedures contained in the Woodburn Civil Infraction ordinance. B. Each day that a violation of this Ordinance is committed or permitted to continue shall constitute a separate Civil Infraction. ---PAGE BREAK--- ORDINANCE NO. 2464 PAGE 12 C. The remedies provided for in this Section are cumulative and not mutually exclusive. Section 19. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections and subsections. Section 20. Savings. The repeal of any ordinance by this Ordinance shall not preclude any action against any person who violated the ordinance prior to the effective date of this Ordinance. Section 21. Effective Date. This Ordinance is effective on October 1, 2010. Passed by the Council March 22, 2010 and approved by the Mayor March 24, 2010 ---PAGE BREAK--- ORDINANCE NO. 1925 PAGE 1 ORDINANCE NO. 1925 AN ORDINANCE PROVIDING FOR THE REGULATION OF PUBLIC DANCES; REPEALING ORDINANCE NO. 1299; AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Public Dance Defined. A "public dance" is any dance not held in a private home or residence which is open to the general public. Section 2. Exclusions. Provisions of this ordinance shall not apply to dances conducted as follows: Dances on premises regularly licensed by the Oregon Liquor Control Commission when such licenses are in effect. Dances or dancing instruction conducted by private dancing schools conducted exclusively for the purpose of giving instructions in dancing. Dances sponsored by public schools or church organizations on their property. Dances conducted by nonprofit clubs or fraternal, charitable or religious organizations to which admission is limited to members and to guests of a member. Section 3. Necessity for License. No public dance shall be held until a license is obtained under this ordinance. Section 4. Application for Issuance of License. Application for a license to hold a public dance shall be made in writing to the City Recorder at least 14 days prior to the date of the proposed dance. An application for an annual public dance license shall be accompanied by a fee of $300.00, $250.00 of which shall be refunded in the event such license is denied. An application for a license for a single public dance shall be accompanied by a license application fee of $50.00, no part of which shall be refundable in the event such license is denied. An annual public dance license shall be effective for one year from the date of issue. However, individual application for each public dance to be held shall be required as provided above. The application shall be signed by the applicant and by not less than two residents of the City of Woodburn. The residents shall certify that the applicant is of good moral character and shall request that such a license be issued to the applicant. The application shall contain the names of persons employed by the applicant to be in charge of providing security and control of said public dance. There shall be a minimum of two such persons employed by the applicant for each dance. The persons so employed shall be over the age of 21 years. ---PAGE BREAK--- ORDINANCE NO. 1925 PAGE 2 The application shall contain all such information as may be relevant to the character and background of the applicant, his security personnel required by Subsection above, and his associates and partners, if any. The City Recorder shall forward the application to the Police Chief for investigation and may withhold issuance of a dance license until the application has been investigated and approved by the Police Chief. Upon approval by the City Recorder and Police Chief, the City Recorder shall issue the dance license. Section 5. License Non-Transferable. Public dance licenses issued pursuant to this ordinance shall not be transferable. Section 6. Hold Harmless Provision. By applying for and accepting a public dance license the applicant shall be deemed to have agreed to indemnify and hold harmless the City of Woodburn, its officers, boards, commissions, agents, and employees against and from any and all claims, demands, causes of actions of any kind or nature whatsoever which arise as a result of the issuance of the public dance license. Section 7. License Denial, Cancellation and Revocation. Approval of a dance license shall be denied if the required application is incomplete, false or fraudulent or if the applicant, his security personnel, or partners or associates have, in the previous two years, violated the terms of a public dance license or of this ordinance. Prior conviction of the applicant of a felony or misdemeanor involving moral turpitude may be grounds for denial of a license when considered in the light of an applicant's entire background. Denial of a dance license may be based upon previous disruptive behavior having occurred at a public dance promoted, sponsored or held by the applicant, within the previous two years. Disruptive behavior may also be grounds for revocation or suspension of a license by the City Administrator. The City Administrator may cancel or revoke any dance license after it has been issued, if it is learned that the same was procured by fraud or false representation of fact. The applicant may appeal to the City Council from the decision of the city administrator in refusing to issue a public dance license, or revoking or canceling a license previously issued. All appeals to the City Council shall be in writing and filed with the city recorder within three days from the date of notice of the city administrator's decision. All appeals shall be heard by the City Council at its next regular meeting. The decision of the City Administrator shall not be stayed during the pendency of the appeal to the City Council. The City Council shall review the denial, suspension or revocation appealed from, and the action of the City Council shall be final. Section 8. Use of Return Checks Prohibited. ---PAGE BREAK--- ORDINANCE NO. 1925 PAGE 3 No person shall give to any person leaving a dance hall a return check or other token whereby readmission to such dance hall can be obtained without the payment of a fee the same as on original admission. No person leaving a dance hall shall receive any such ticket or token or gain readmission without paying the same fee as upon original admission. The provisions of this section shall not affect in any way readmittance during or after a regularly scheduled intermission. Section 9. Closing Hours. All public dances shall be discontinued and all dance halls shall be closed on or before 12:30 a.m. Section 10. Alcoholic Beverages Prohibited. The use of alcoholic beverages is prohibited at a public dance except that a person granted a license under this ordinance may serve and dispense alcoholic beverages for use on the premises of the public dance if that person has a valid special events permit issued by the Oregon Liquor Control Commission. The necessity of obtaining a license under the ordinance in no way relieves a person from complying with the rules and regulations of the Oregon Liquor Control Commission and any other applicable law. Section 11. Authority to Terminate Dance. The City Administrator or Chief of Police shall have the authority to terminate a public dance without notice for non- compliance with this ordinance or other applicable law. Section 12. Civil Infraction Assessment. A violation of any provision of this ordinance constitutes a class 2 civil infraction and shall be dealt with according to the procedures established by Ordinance 1998. [Section 12 as amended by Ordinance 2008 passed October 24, 1988.] Section 13. Severability. Each portion of this ordinance shall be deemed severable from any other portion. The unconstitutionality or invalidity of any portion of this ordinance shall not invalidate the remainder of the ordinance. Section 14. Repeal and Saving Clause. Ordinance No. 1299 is hereby specifically repealed. Notwithstanding Subsection of this section, Ordinance No. 1299 shall remain valid and in force for the purpose of authorizing the arrest, prosecution, conviction and punishment of a person who violated Ordinance No. 1299 prior to the effective date of this ordinance. Section 15. [Emergency clause.] ---PAGE BREAK--- ORDINANCE NO. 1925 PAGE 4 Passed by the Council September 9, 1985, and approved by the Mayor September 11, 1985. ---PAGE BREAK--- ORDINANCE NO. 2084 PAGE 1 ORDINANCE NO. 2084 AN ORDINANCE PRESCRIBING THE METHODS AND PROCEDURE FOR REGULATING ALARM SYSTEMS IN THE CITY OF WOODBURN, PROVIDING FOR FEES, AND PENALTIES FOR VIOLATIONS THEREOF; AND REPEALING ORDINANCE NO. 1649. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Title. This ordinance shall be known as "Alarm System Control Ordinance". Section 2. Purpose, Construction and Scope. The occupants of numerous residential, commercial and industrial establishments within the corporate limits of the City of Woodburn have found it desirable to make provisions for the installation upon their premises, at their own cost and expense, of alarms systems for emergencies requiring police response. There is a growing number of private enterprises that have embarked upon the business of selling or leasing such alarm systems, entering into contract with such occupants for the installation, operation and maintenance of such alarm systems, and providing, either individually or in concert with other private business enterprises an alarm device or devices installed in various alarm monitoring centers. Likewise, there is a growing number of private enterprises that have embarked upon the business of selling such alarm systems where the installation is completed by the purchaser and/or the user. The proliferation of the number of private enterprises engaged in the distribution of alarm systems and the number of commercial and residential users of such systems has resulted in conditions that has led to an unnecessary drain on the personnel, time, space, facilities and finances of the City and its police services, and a deterioration of the quality of police service to the City's residents. The public interest, therefore, requires the enactment of rules, regulations, standards, and procedures to regulate and control the private alarm business within the corporate limits of the City of Woodburn for the following purposes: The Police Department may efficiently and economically coordinate their functions with the various alarm services to which the public within the City may subscribe; The quality of the alarms services rendered to the public may be improved and maintained at a high level; The excessive number of false alarms which require expenditure of police resources must be reduced so that those limited resources may be more efficiently utilized; ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS ORDINANCE NO. 2084 PAGE 2 Those private enterprises engaged in the alarm business and persons who utilize alarm systems should help support the administration of the alarm system and where alarm users are responsible for an excessive number of false alarms, they should pay additional charges, which relate to the additional responses by the police and motivate alarms users to reduce the number of false alarms; Those alarm users who are responsible for excessive false alarms, and who fail or refuse to remedy the cause of excessive false alarms demonstrate their indifference to limited police resources being devoted to unnecessary emergency responses, and such users should be treated by punitive measures. By the time an alarm user's system has generated three false alarms within a year, the police response by way of notices will have provided the user with ample warning of the consequences and therefore it is presumed the alarm user has failed to take adequate steps to remedy the problem(s) and maintain the alarm system. The purpose of this ordinance is to encourage alarm users and alarm businesses to assume increased responsibility for maintaining the mechanical reliability and the proper use of alarms systems to prevent unnecessary police emergency responses to false alarms and thereby protect the emergency response capability of the City from misuse. Except where otherwise expressly provided, this ordinance governs all alarm systems eliciting a police response, establishes fees and charges and provides for the enforcement of violations. Section 3. Definitions. For the purpose of this ordinance, the following definitions apply: Alarm Business. A person, firm, partnership, corporation, association or other legal entity, engaged in the profit-oriented selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing of any alarm system in or on any building, structure, facility or portion thereof. Alarm System. An assembly or equipment, mechanical or electrical, or both, designed and used to signal the occurrence of an illegal or unauthorized entry or attempted entry or other illegal activity on the premises of the alarm user, which requires or solicits urgent attention and to which the police are expected to respond. Alarm User. A person, firm, partnership, corporation, association or other legal entity in control of a building, structure, facility or portion thereof within the City of Woodburn wherein an alarm system is used. Automatic Dialing Device. A device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and to transmit by voice message or code signal an emergency message indicating a need for emergency response. An automatic dialing device is an alarm system. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS ORDINANCE NO. 2084 PAGE 3 Excessive False Alarm. A false alarm which occurs following three previous false alarms within one year. False Alarm. Signal or activation by an alarm system which elicits a response by the Police Department when a situation requiring a response by the police does not in fact exist. False alarms do not include an alarm signal by an alarm system, which is caused by violent and extraordinary conditions of nature or other extraordinary circumstances not reasonably anticipated or subject to control by the alarm business operator or the alarm user. Governmental Political Unit. Any tax supported public agency. Interconnect. To connect an alarm system including an automatic dialing device to a telephone line either directly or through a mechanical device that utilizes a telephone for the purpose of using the telephone line to transmit a message upon the activation of the alarm system. Municipal Court. The Woodburn Municipal Court. (10) Monitoring Center. A facility used to receive emergency and general information from an alarm user and to direct an emergency response. (11) Police Chief. The police chief of Woodburn, Oregon or his designee. (12) Police Department. The Woodburn Police Department. Section 4. User Instructions. Every alarm business, which operates as such on behalf of alarm users within the City shall furnish the user with instructions which enable the user to operate the alarm system properly without false alarms and to obtain service for the alarm system. Section 5. Automatic Dialing Device. Certain Interconnection Prohibited. It is unlawful for any person to program an automatic dialing device to select a primary trunk line or any 911 trunk line, capable of signaling a need for police response; and it is unlawful for an alarms user to fail to disconnect or reprogram an automatic dialing device which is programmed to select a primary trunk line upon of receipt of notice from the Police Chief, directing that such disconnection or reprogramming occur. It is unlawful for any person to program an automatic dialing device which selects any telephone line assigned to the City of Woodburn; and it is unlawful for an alarm user to fail to disconnect or reprogram such a device upon of receipt of notice from the Police Chief that such automated dialing device should be disconnected or reprogrammed. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS ORDINANCE NO. 2084 PAGE 4 The City of Woodburn and other governmental providers of emergency and critical municipal services, including but not limited to water, sewer, and streets are exempt from the provisions of this section. Section 6. False Alarms, Hearing, Determination. An alarm user, whose alarm system has three or more false alarms within a year shall be subject to a charge for excessive false alarms in an amount of $15.00. Excessive false alarm charges shall be paid by the alarm user notwithstanding an agreement or claim of liability which holds an alarm business responsible for such charges. Excessive false alarm charges shall be established in an amount designed to encourage correction in an alarm system or in the operation of an alarm system, to discourage false alarms and to reimburse the City for the use of its police resources. After each of the first three false alarms during a year, the Police Chief shall send by regular mail a notice of false alarm to the alarm user and the alarm business. The notice shall advise the alarm user and the alarm business of the date and time of the false alarm and the specific number of false alarms recorded by the coordinator for the alarm system during the current year. The notice shall also advise that upon the occurrence of a fourth false alarm during the year, the alarm user will be charged a fee for each excessive false alarm. If the Police Department responds to a third false alarm during the year, the Police Chief shall forward a notice by certified mail return receipt requested to the alarm business stating that the Police Department has responded to three false alarms at the address where the alarm system is located. This notice shall also advise that the occurrence of any additional false alarms at the address where the alarm system is located during the year will result in a fee to the user for excessive false alarms. The Police Chief shall prescribe the form of the notices to be used in this section. For purposes of determining which form of mailing and notice to use, any alleged false alarm, which is disputed as provided in this section and for which a final determination has not been made, shall be treated as having occurred. The Police Chief shall insure that adequate records of notices being sent to alarm users and alarm businesses are maintained by the Police Department. Failure of a person to receive a notice shall not invalidate any proceeding in connection with a false alarm or in the imposition of additional charges. An alarm user or alarm business who is aggrieved by the determination that a particular false alarm has occurred may request a hearing. The request shall be made in writing and filed with the Police Chief and the Municipal Court within ten (10) days of the date on which the alarm user is sent the notification of false alarm for which a hearing is requested. Unless a request for a hearing is made in accordance with this section, an alarm user shall have waived any right to challenge the decision whether a particular false alarm occurred and the false alarm shall thereafter be treated as having occurred on the date and time alleged. If a hearing is requested in accordance with this subsection, the Municipal Court shall notify by regular mail the person requesting the hearing of the time and place of the hearing. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS ORDINANCE NO. 2084 PAGE 5 Every hearing to determine whether a false alarm has occurred shall be held before the Municipal Court without a jury. The court may in the interest of justice consolidate hearings which involve the same alarm user or alarm system and false alarms within the same year. The person requesting the hearing may be represented by counsel, but counsel shall not be provided at public expense. If counsel is to appear, written notice shall be provided to the Municipal Court and Police Chief not less that five business days prior to the hearing date. The Police Chief, or the City's designated representative and the person requesting the hearing shall have the right to present written and oral evidence. Oral testimony shall be taken only on oath or affirmation and shall be subject to the right of cross-examination. If the person requesting a hearing wishes that witnesses be ordered to testify, they must request the court to order the desired witness subpoenaed, which request shall be at least five business days prior to the scheduled hearing. A deposit for each witness shall accompany the request and such deposit shall be refunded, if it is determined the alleged false alarm did not occur. The deposit for subpoenas shall be in an amount equal to witness fees provided by statute in other courts of this State. At the hearing, any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs. However, irrelevant and unduly repetitious evidence shall be excluded. The City shall have the burden of proving that a false alarm occurred by a preponderance of the evidence. Within thirty days after the hearing, the Municipal Court shall determine whether the alleged false alarm has occurred and shall so advise the parties. The decision of the Municipal Court is final. Section 7. Confidentiality, Statistics. Except as otherwise required by law, if an alarm user requests that information submitted by the user as part of an application be kept in confidence, such information shall be held in confidence and shall be deemed a public record exempt from disclosure under Oregon law. The Police Department shall be responsible for maintenance of records created under this ordinance. Notwithstanding the requirements of subsection the Police Department shall develop and maintain statistics for purposes of evaluating alarm systems. Section 8. Allocation of Revenues. All fees and charges collected pursuant to this ordinance shall be deposited in the general fund in the City of Woodburn, and are nonrefundable. Section 9. Duty to Maintain Alarm System. It shall be the duty of an alarm user to maintain its alarm system in good operating condition and free of false alarms. An alarm user whose alarm system generates four or more false alarms within a year violates this ordinance. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS ORDINANCE NO. 2084 PAGE 6 Section 10. Civil Infraction in Addition to Fee. In addition to any fees assessed pursuant to this ordinance, a violation of the provisions of this ordinance constitutes a class 4 civil infraction, punishable in accordance with Ordinance 1988 of the City of Woodburn. Every date that a violation is found to exist constitutes a separate civil infraction. Section 11. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance or of any resolution adopted hereunder is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining provisions of this ordinance or any resolution adopted hereunder. Section 12. Repeal. Ordinance No. 1649 is hereby repealed. Passed by the Council May 26, 1992, approved by the Mayor May 27, 1992. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS ORDINANCE NO. 2336 PAGE 1 ORDINANCE NO. 2336 AN ORDINANCE ESTABLISHING A FILMING PERMIT PROCESS; SETTING FEES; PROVIDING FOR PENALTIES; AND DECLARING AN EMERGENCY. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Permits for Filming Required. All persons or legal entities shall obtain a filming permit prior to filming motion pictures, commercials or videotaped productions within the Woodburn City limits. This requirement shall not apply to films made by amateurs or to the filming of news events by accredited representatives of news agencies. Section 2. Issuance of Filming Permit. Filming permits shall be issued by the City Administrator or the City Administrator's designee. Section 3. Application. A written application for a filming permit shall be filed with the City Administrator or designee at least fourteen (14) days prior to filming, unless waived by the City Administrator. The application shall include: 1. The name and contact information of the person, firm, or corporation employing the person or persons who will perform the filming. 2. The name and contact information of a person who will be responsible for the filming crew on location in the City. 3. The specific date, location, time of arrival on the filming site and duration of filming (including site preparation, site restoration, and departure) for each scene to be filmed within the City limits. 4. The extent to which normal use of public property/right-of-way will or could be impaired or curtailed during filming. 5. The number and location of vehicle parking spaces that will be needed during filming and the anticipated hours of use of the spaces. 6. The number of police or other City personnel desired or needed for traffic and/or pedestrian control, security of equipment, or other purposes during filming. 7. Written authorization from the property owner if private property is to be used in conjunction with public property during filming. 8. The processing fee as set by this Ordinance. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS ORDINANCE NO. 2336 PAGE 2 Section 4. Review of the Application. 1. The City Administrator or designee shall review the application and may issue the permit if the City Administrator or designee finds that the filming permit will not: a. Adversely impact the public health, safety or welfare; b. Adversely impact the affected neighborhood(s) or business district(s); c. Result in a cost to the public due to the use of public property or facilities, potential loss of public revenue, or provision of City personnel, unless the City is compensated for such costs by the applicant; d. Substantially inconvenience residents or businesses; or e. Substantially interfere with the public peace or the quiet enjoyment of private residential property. 2. The City Administrator or designee may impose conditions on a permit in order to alleviate or mitigate any potential adverse impacts described in subsection 1 of this section. 3. The City Administrator or designee may deny the application if he or she determines that the permit will result in any of the potential adverse impacts described in subsection 1 of this section which cannot be alleviated or mitigated by the imposition of conditions. 4. An approved filming permit shall: a. Specify the location and time of use of any City property that will be affected by filming. b. Set forth any conditions or restrictions imposed by the City Administrator or designee pursuant to subsection 2 of this section. c. Require a deposit of funds prior to filming in an amount estimated by the City Administrator or designee to be sufficient to compensate the City for any public costs described in subsection of this section incurred as a result of the filming. In the event that filming is cancelled, the City shall refund the deposit minus an amount for any costs incurred by the City up to the date of cancellation. d. Require the delivery of a certificate of insurance prior to filming in an amount determined by the City Administrator or designee to be sufficient to protect the City from any and all liability arising out of the filming activity. The certificate of insurance shall name the City of Woodburn as an additional insured. ---PAGE BREAK--- ORDINANCE NO. 2336 PAGE 3 WOODBURN ORDINANCE COMPILATION BUSINESS Section 5. Appeals. 1. Any decision regarding an application or the conditions of a permit may be appealed by the applicant to the City Council by filing a written notice of intent to appeal with the City Recorder. The notice shall be filed within seventy-two (72) hours of receipt of the decision by the applicant and shall include a statement of the reasons for the appeal and an appeal fee. The filing of an appeal shall stay the permit until the appeal is decided by the Council. 2. In reviewing the appeal, the Council shall determine whether the decision complies with the criteria and requirements of Section 4 of this ordinance. The Council may affirm, reverse or modify the decision. The Council's decision shall be final. Section 6. Compensation for Public Costs. The applicant shall compensate the City for any and all public costs described in Section 4.1. If the deposit required pursuant to Section 4.4c is insufficient to cover such costs, the applicant shall remit the balance to the City upon receipt of written notice of such additional costs. Section 7. Permit Application Fee. An application for a filming permit shall be accompanied by a fee in the amount of $1,000.00. Section 8. Appeal Fee. An appeal under Section 5 of this Ordinance shall be accompanied by an appeal fee in the amount of $300.00. Section 9. Violations. A violation of any provision of this Ordinance or of any term or condition of an approved filming permit is a Class 1 civil infraction and shall be enforced pursuant to the Civil Infraction Ordinance. Section 10. Severability Clause. If a portion of this Ordinance is for any reason held to be invalid, such decision shall not affect validity of the remaining portions of this Ordinance. Section 11. [Emergency clause.] Passed by the Council May 12, 2003, and approved by the Mayor May 14, 2003. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS ORDINANCE NO. 2399 PAGE 1 ORDINANCE NO. 2399 AN ORDINANCE PROVIDING FOR THE REGISTRATION OF BUSINESS WITHIN THE CITY OF WOODBURN; ESTABLISHING A REGISTRATION PROCESS; AND PROVIDING A PENALTY FOR VIOLATION THEREOF; AND SETTING AN EFFECTIVE DATE. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Purpose. The registration required and restrictions imposed by this ordinance are enacted primarily for the purpose of regulation of businesses. The public’s interest is served by insuring that regulated businesses will be carried on in continuing compliance with applicable laws and ordinances and in a manner which does not detract from the public health, safety, or welfare. In addition, this ordinance is enacted to recoup the necessary expenses required to undertake the administration and enforcement of this ordinance and to provide revenue for law and code enforcement purposes. The payment of a registration fee required hereunder and the acceptance of such fee and issuance of a business registration certificate by the City shall not entitle the registrant to carry on any business not in compliance with all the requirements of City ordinances and all other applicable laws. Section 2. Definitions. For the purpose of this ordinance, the following terms, phrases, and words are defined as follows: A. "Business" means any vocation, occupation, profession, enterprise, establishment, or any activity, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit, or benefit, either directly or indirectly, on any premises in the City. This definition includes any transaction involving the rental of property, the manufacture or sale of goods, or the sale or rendering of services other than as an employee. B. “The City” means the City of Woodburn, Oregon. C. "City Council" means the City Council of the City of Woodburn, Oregon. D. “City Administrator” means the City Administrator or any officer or employee designated by that person to perform duties described in this ordinance E. "Garage Sale" means a commercial activity, open to the public, conducted at a private residence where personal property is sold or auctioned to others, provided the number of sale days at a particular residence does not exceed three days per occurrence, and no more than two occurrences per calendar year. F. “Person” means and includes individual natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts or corporations or any officers, agents, employees or any kind of personal representatives thereof, in any capacity, either on that person’s own behalf or for any other person, under either personal appointment or pursuant to law. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS ORDINANCE NO. 2399 PAGE 2 G. “Home occupations” means businesses that conform to the definition of Home Occupations under chapter 2.203.12 in Woodburn Development Ordinance as determined by the City Administrator. H. "Residential Rental Unit" means separate living quarters, which are rented, leased, or let in exchange for full or partial monetary compensation. I. “Government Entities” means the federal government, the State of Oregon, a county, a special district, or a municipality. Section 3. Registration Required. A. No person shall engage in any business within the City or transact any business specified in this ordinance, without first obtaining a registration certificate and paying the fee prescribed. The provisions of this ordinance shall be in addition to any other fee or registration requirements imposed by the City of Woodburn, unless otherwise specified. B. A person engaged in business in more than one location, or in more than one business registered under this ordinance at the same location, shall make a separate application for each business or location, provided however that the fee for second and subsequent businesses shall be twenty dollars ($20.00). Warehouses and distributing plants used in connection with and incidental to a business shall not be deemed a separate place of business. Separately franchised operations shall be deemed separate businesses even if operated under the same name. C. A person representing himself/herself, or exhibiting any sign or advertisement that he/she is engaged in a business within the City shall be deemed to be actually engaged in such business and shall be liable for the payment of such registration fee and subject to the penalties for failure to comply with the requirements of this ordinance. D. No person shall maintain or operate two or more residential rental units without first obtaining a business registration certificate and paying the prescribed fees. Section 4. Exemptions. The following entities and types of activities are exempt from regulation under this ordinance. The person asserting an exemption under this ordinance shall have the burden of establishing eligibility for the exemption. A. Nothing in this ordinance shall be construed to apply to any person transacting or carrying on any business within the City of Woodburn, which is exempt from taxation, by the City by virtue of the Constitution of the United States or the Constitution of the State of Oregon. B. No person whose income is based solely on a wage or salary shall, for the purpose of this ordinance, be deemed a person transacting or carrying on any business in the City, and it is the intention that all registration taxes and fees will be borne by the employer. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS ORDINANCE NO. 2399 PAGE 3 C. Any business paying a franchise tax or transient occupancy tax under City ordinances is exempt from the requirements of this ordinance. D. Persons whose sole business activity is making deliveries or taking orders from duly registered businesses within the City are exempt from this ordinance. E. Activities conducted pursuant to a special events permit issued by the City are exempt from the requirements of this ordinance. F. Producers of farm products raised in Oregon, produced by themselves or their immediate families, who sell, vend, or dispose of such products within the City is exempt from this ordinance. [Section 4F is repealed by Ordinance No. 2426 passed November 26, 2007.] G. Nonprofit organizations, religious organizations, civic organizations and clubs wishing to canvass for funds or sell door-to-door to raise funds, or conduct fund- raising events to be used solely for the purpose for which the organization was created, and from which no third party receives a profit are exempt from the requirements of this ordinance. H. A builder who is registered under ORS 701.055 and is employed as a subcontractor working for a contractor possessing a valid business registration issued by the City of Woodburn is exempt from this ordinance. I. Garage sales as defined in this ordinance are exempt from the requirements of this ordinance. J. Any person required to be licensed through any other City ordinance including, but not limited to activities such as, peddlers and solicitors," "public dances," or other licensed activities is exempt from this ordinance. K. Government entities are exempt from the requirement of this ordinance. Section 5. City Administrator Authority. A. The City Administrator may adopt reasonable rules and regulations in order to carry out the provisions of and for enforcement of the provision of this ordinance. The Administrator shall prescribe forms for business registration application. The Administrator shall review or cause to be reviewed application for and renewals for business registrations, and shall submit such applications to appropriate City departments for investigation to determine and comment on the applicant’s compliance with City ordinance and other rules. B. The City Administrator shall have the authority to approve, approve with conditions, or deny any application for or renewal of a business registration. If the Administrator determines that the application should be denied or approved with conditions, the Administrator shall notify the applicant in writing of the decision. The notice shall state the reason for the decision and inform the applicant of the provisions for appeal. If the Administrator’s decision is to approve without conditions, issuance of ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS ORDINANCE NO. 2399 PAGE 4 the registration is notification of the decision and it does not need to state any reason or appeal rights. Section 6. Application Requirements. A. Application for business registration shall be made to the City at least 30 days prior to the date the registration is requested to be effective. The application forms shall provide for information necessary to determine the identity and address of the applicant and of the owner of the business to be registered and shall provide for other information as may be requested by the City Administrator. The application shall be signed by the applicant and shall constitute the applicant’s consent for the City to conduct an investigation of the applicant’s request including permission to enter property to be used in conducting the business. The applicant shall submit information necessary to evaluate the applicant’s request and to determine compliance with applicable City of Woodburn ordinances. If the applicant fails to supply information so required or submits false or misleading information, the registration may be denied and if issued, may be revoked. B. Applications shall be accompanied by any required fee. Application fees shall be non-refundable. Section 7. Criteria for Approval or Denial. A. Approval or denial of an application for initial issue or renewal shall be based on consideration of all available evidence indicating whether or not the applicant meets the requirements of City ordinances. In the event no grounds exist for denial of a certificate, a certificate shall be issued. B. Any of the following may be grounds for denial of the certificate: 1. Any false of incomplete statement made or acknowledged on the application form; provided, however, that in the event such statement is the result of excusable neglect, the applicant may resubmit an application with appropriate corrections. 2. The business activity would not comply with City ordinances and could not be made to comply through the imposition of appropriate conditions. 3. A previous history of unlawful business activity by the applicant, which, if continued would be grounds for revocation of the certificate. 4. The business activity would endanger persons or property. Section 8. Registrations and Renewals. A. Business registration is valid for one year. B. Business registrations shall be renewed by the payment of the annual fee on or before the anniversary date of the original issuance of the business registration. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS ORDINANCE NO. 2399 PAGE 5 C. The renewal application will indicate any change in use, ownership, or location of the business. Section 9. Term, Transfers and Relocations. A. Term: A business registration issued under this ordinance shall be valid for one year from the date of issuance. B. Transfer: In the event of the transfer of ownership of any business, the applicable registration certificate may be transferred by application to the City Administrator. An application shall be accompanied by a transfer fee. C. Relocation of Existing Business: In the event a business relocates, the business shall reapply to the City Administrator to transfer the business registration. Section 10. Fee. A. As of the effective date of this ordinance fees shall be: 1. All businesses, excepting home occupation businesses, shall pay an annual fee of fifty dollars ($50.00). 2. Home occupation businesses shall pay a reduced annual fee of twenty-five dollars ($25.00). 3. The transfer of ownership fee shall be twenty dollars ($20.00). B. Future fees shall be set as part of the Master Fee ordinance. Section 11. Use of Revenue. Revenue derived from Business Registration fees shall be used to recoup the cost of administering and enforcing the program. Any fees collected in excess of amounts necessary to recoup the costs of program administration and enforcement shall be dedicated to support the activities of the Police Department’s Community Response Team. Elimination of that team or a permanent reduction of that team below FY 2005-06 staffing levels, by City Council policy choice, shall trigger a review of Sections 10 and 11 of this ordinance. Section 12. Revocation of Registration. The City Administrator, upon determining that unlawful business activity is occurring or has occurred, or that a business would not qualify for a license pursuant to this ordinance, shall notify the licensee in writing that the license is to be revoked. The notice shall be sent at least thirty (30) days before the date of revocation. If the activity giving rise to the need for the revocation proceedings is discontinued, the City Administrator may terminate the proceedings. A notice of revocation shall state the reason for the revocation and inform the licensee of the provisions for appeal. Section 13. Appeal. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS ORDINANCE NO. 2399 PAGE 6 A. A business whose registration has been denied renewal, or is to be revoked, may within thirty (30) days after the notice of denial, or revocation is mailed, appeal in writing to the City Council. The appeal shall state: 1. The name and address of the appellant; 2. The nature of the determination being appealed; 3. The reason the determination is incorrect; and 4. What the proposed determination of the appeal should be. B. An appellant who fails to file such a statement within the time permitted waives his/her objections, and the appeal shall be dismissed. If a notice of revocation is appealed, the revocation does not take effect until final determination of the appeal. The City Council shall hear and determine the appeal on the basis of the written statement and such additional evidence as it considers appropriate. C. At the hearing, the appellant may present testimony and oral argument, personally or by counsel, and any additional evidence. The rules of evidence as used by courts of law do not apply, and the decision of the City Council after the hearing is final. Section 14. Display Required. All registration certificates issued in accordance with this ordinance shall be openly displayed in the place of business or kept on the person or on the vehicle of the person registered. Failure to display or carry such registration shall be deemed a violation of this ordinance. Section 15. Violation – Penalty. A. A violation of any provision of this ordinance constitutes a Class 2 civil infraction and shall be processed according to the procedures contained in the Woodburn Civil Infractions ordinance. B. A finding that a person has committed a violation of this ordinance shall not act to relieve the person from payment of any unpaid business fee, including delinquent charges, for which the person is liable. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. Section 16. Delinquency Charge. In addition to the business registration fee required by this ordinance, a delinquency charge in the amount of 50% of the applicable fee shall be assessed if the annual renewal fee is not paid within 15 days after the anniversary date of the original issuance of the business registration. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS ORDINANCE NO. 2399 PAGE 7 Section 17. Severability. Each portion of this ordinance shall be deemed severable from any other portion. The unconstitutionality or invalidity of any portion of this ordinance shall not invalidate the remainder of this ordinance. Section 18. Effective Date. This ordinance shall be in full force and effect on April 17, 2006. Passed by the Council March 13, 2006, and approved by the Mayor March 15, 2006. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS PAGE 1 ORDINANCE NO. 2425 ORDINANCE NO. 2425 AN ORDINANCE REGULATING THE PLACEMENT AND PERMITTING OF NEWSRACKS AND DECLARING AN EMERGENCY. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. General Findings. The City Council of the City of Woodburn finds and declares that: A. It is in the public interest to establish regulations that balance the right to distribute information through newsracks with the right of persons to reasonably access and use public property. The City Council wishes to provide for the placement of newsracks, stands, containers and similar newspaper and publication vending machines to provide a forum for communication while preserving the convenience of those using the public rights of way. Newsracks placed and maintained on public property, absent some reasonable regulation, may unreasonably interfere with the use of such property, and may present hazards to persons or property. B. The public health, safety, welfare, and convenience require that: interference with vehicular, bicycle, wheelchair or pedestrian traffic be avoided; obstruction of sight distance and views of traffic signs and street-crossing pedestrians be eliminated; damage done to sidewalks or streets be minimized and repaired; the good appearance of public property be maintained; trees and other landscaping be allowed to grow without disturbance; access to emergency and other public facilities be maintained; and ingress and egress from, and the enjoyment of store window displays on, properties adjoining public property be protected. C. The regulations on the time, place and manner of the placement, location and maintenance of newsracks set forth in this Ordinance are carefully tailored to ensure that the purposes stated in this section are implemented while still providing ample opportunities for the distribution of information to the public. D. The City Council finds that newsracks have proliferated and increased in the City to the extent that they must be addressed by this Ordinance. Exhibit describes examples of the proliferation of newsracks in the city. Section 2. Special Findings for the Urban Renewal Core Area. The City Council of the City of Woodburn finds and declares that: A. The City has made a substantial monetary and policy commitment to revitalize its Urban Renewal Core Area, that area described in Exhibit of this Ordinance. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS PAGE 2 ORDINANCE NO. 2425 B. The City Council passed Ordinance 2298 on August 13, 2001, which adopted the Woodburn Urban Renewal Plan. The Woodburn Urban Renewal Plan is incorporated into these findings by this reference. C. The purpose of the Woodburn Urban Renewal Plan is to rehabilitate and redevelop blighted areas consistent with the Woodburn Comprehensive Plan. D. A key component of the Woodburn Urban Renewal Plan is to enhance livability by making improvements in the Urban Renewal Core Area. This area encompasses Woodburn’s downtown. It is pedestrian and bicycle friendly. Under the Woodburn Urban Renewal Plan, planned improvements in this area include street, sidewalk, landscape and lighting improvements, street furnishings and public art, building renovations and façade improvements, creation of public spaces, business incubation and small businesses assistance. E. On August 21, 2005, the Woodburn Downtown Plaza was dedicated as part of the first phase of the improvements made through the Woodburn Urban Renewal Plan. The Plaza is in the center of the Urban Renewal Core Area and contains a water fountain, lawn, 8 benches, and the future location of a gazebo. Pedestrians regularly walk through the Plaza and sit on the benches. F. The Urban Renewal Core Area is also a historic area, containing the oldest existing structures in Woodburn. Much of the construction is of un-reinforced masonry dating from the late Nineteenth Century. G. The City Council passed Ordinance 2313 on April 9, 2002, which adopted the Woodburn Development Ordinance. The Woodburn Development Ordinance is incorporated into these findings by this reference. H. The Woodburn Development Ordinance was also intended to enhance livability in the Urban Renewal Core Area through special zoning regulations in the form of a Downtown Development and Conservation District. Under the Woodburn Development Ordinance, Architectural Design Guidelines apply to exterior alterations to existing buildings and require that “materials, colors, and textures used in the alteration or addition should be fully compatible with the traditional architectural character of the historic building.” I. The Urban Renewal Core Area also has a higher crime rate than other areas of Woodburn. Street crimes, gang activity, vandalism, and the application of graffiti are ongoing problems that the City continues to address in this area. Exhibit describes the concentration of graffiti and other property crimes in this area as compared to the rest of the city. Section 3. Purpose. A. The general purpose of this Ordinance is to promote the public health, safety, and welfare through the regulation of placement, appearance, number, size, and servicing of newsracks on public rights of way so as to: ---PAGE BREAK--- PAGE 3 ORDINANCE NO. 2425 WOODBURN ORDINANCE COMPILATION BUSINESS 1. Provide for pedestrian and driving safety and convenience; 2. Prevent unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles; 3. Provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signs or signals, hydrants and mailboxes, and access to locations used for public transportation services; 4. Reduce visual blight on the public rights of way and protect the aesthetics of store window displays, public landscaping and other improvements; 5. Reduce exposure of the City to personal injury or property damage claims and litigation; and 6. Protect the right to distribute information that is protected by state and federal constitutions through the use of newsracks. B. The purpose of the Additional Standards for newsracks in the Urban Renewal Core Area is to: 1. Require newsracks to be constructed of steel, a material more resistant to acts of vandalism cutting and burning the newsrack) than lighter and weaker construction materials. 2. Require newsracks to be constructed of steel so that they are uniform in appearance and compatible with the architectural character of the historic buildings in this area. 3. Require that newsracks weigh at least 80 pounds. This weight requirement ensures that they are not easily vandalized, stolen or thrown into the public right-of-way. Newsracks made of lighter materials are not appropriate for installation in the Urban Renewal Core Area because the larger number of pedestrians and higher rate of crime in this area make it more likely that the newsracks could be thrown into the right- of-way and cause damage to persons and property. 4. Require newsracks to have coin mechanisms housed in the body of a newsrack or in armored heads welded or bolted to the body of a newsrack so that the newsracks are not subject to vandalism or theft. 5. Require newsracks to be painted or covered with a protective coating to make them graffiti resistant. This facilitates quick removal of graffiti so that criminal conduct and gang activity is discouraged. Section 4. Definitions. For the purpose of this Ordinance, these words and phrases are defined as follows: A. Business day means Monday through Friday, inclusive, of every week excepting holidays for which the city is closed to official business. ---PAGE BREAK--- PAGE 4 ORDINANCE NO. 2425 WOODBURN ORDINANCE COMPILATION BUSINESS B. City Administrator means the Woodburn City Administrator or designee. C. Newsrack means any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display and sale or distribution without charge of newspapers, periodicals, magazines or other publications. D. Owner means the person or its duly authorized representative who owns a newsrack placed in the City. E. Parkway means the area between the public sidewalk and the curb of any public street and where there is no public sidewalk, the area between the property line/right of way line and the curb. F. Permit means a permit issued pursuant to this Ordinance which allows for the placement of a newsrack within a specifically designated portion of a sidewalk or parkway. G. Person means any individual, firm, company, corporation or other organization. H. Roadway means that portion of a public street improved, designed or ordinarily used for vehicular travel. I. Sidewalk means any surface dedicated to the use of pedestrians by license, easement, and operation of law or by grant to the city. J. Street means all of that area dedicated to public use for public street and sidewalk purposes and includes, but is not limited to, roadways, parkways, alleys, service drives and sidewalks. K. Urban Renewal Core Area is that area located close to downtown Woodburn and described specifically in Exhibit to this Ordinance. L. Vision Clearance Area is that area defined by Section 3.103.10 of the Woodburn Development Ordinance. Section 5. Permit and Decal Required. It shall be unlawful for any person to place, maintain, or cause to be placed, or maintained a newsrack on, or projecting on, any public right-of-way without first receiving a permit from the City for the newsrack and affixing a decal evidencing such permit on the newsrack. Section 6. Permit. A. An application for a newsrack permit shall be made to the City Administrator on a form which shall include: ---PAGE BREAK--- PAGE 5 ORDINANCE NO. 2425 WOODBURN ORDINANCE COMPILATION BUSINESS 1. The name, street and mailing address, email address, and telephone number of the applicant, which shall be the duly authorized representative of the newsrack owner. 2. The name, street and mailing address, email address, and telephone number of both the publisher, if different from the applicant, and, the independent distributor(s), if any, authorized to service the owner’s newsrack(s) for which the permit is sought. 3. The name, street and mailing address, email address, and telephone number of the applicant’s designated representative, if different than applicant, whom the City shall give notice under this ordinance or contact at any time concerning the applicant(s) newsrack(s). 4. A description of each proposed newsrack, including its dimensions and signage, and whether it contains a coin-operated mechanism. 5. The name and frequency of the publication proposed to be contained in each newsrack. B. A separate application shall be required for each publication. C. If the application is properly completed and the type of newsrack and location proposed for each newsrack meets the standards set forth in this Ordinance, the City Administrator shall issue a permit within 5 business days from the date the applicant files the application. A single permit shall be issued for all newsracks applied for by an applicant that meet the standards of this Ordinance. A permit shall not be transferable. D. A permit shall be valid for 1 year. E. The permit application fee shall be $50.00, and the decal fee shall be $10.00 per newsrack. All fees imposed under this Ordinance shall be paid to the City Administrator at the time the application is filed and may be adjusted from time to time. F. Each permittee shall be issued a pre-printed decal for each permitted newsrack, which shall be affixed to the lower right or left corner inside the window opening on the front of each newsrack. Section 7. Denial of Permit. If the application is incomplete or the type of newsrack and location proposed for a newsrack does not meet the standards set forth in this Ordinance, the City Administrator shall deny the permit application. If the newsrack permit is denied, in whole or in part, the City Administrator shall, by certified mail, notify the applicant within 5 business days from the date of filing a completed application, explaining the reasons for the denial of the permit. The applicant shall have 10 business days from the date the certified letter is mailed to correct and resubmit the application or to appeal the decision, in writing, to the Woodburn Municipal Court. Section 8. Appeal. The Woodburn Municipal Court shall conduct a hearing within 30 days of receipt of the applicant’s written appeal request. Written notice of the time and place of the hearing shall be provided to the applicant at least 10 business days ---PAGE BREAK--- PAGE 6 ORDINANCE NO. 2425 WOODBURN ORDINANCE COMPILATION BUSINESS prior to the date of the hearing. The Woodburn Municipal Court shall render a written decision within 15 business days after the date of the hearing. Section 9. General Placement and Location Standards for Newsracks. A. A person may not install, use or maintain a newsrack on any public right-of- way if the newsrack: 1. Endangers public safety; 2. Interferes with public utility, public transportation, or other governmental use; or 3. Interferes with or impedes: a. Pedestrian or vehicular traffic; b. Entry or exit from a residence or business; c. Access to a legally parked or stopped vehicle; d. Use of a traffic sign or signal, emergency call box, transit shelter, bus stop, elevator, mailbox, or other public service; or e. Access to use of a delivery area or loading zone. B. A newsrack shall not be placed upon any portion of the public right-of-way that abuts the Vision Clearance Area. C. Except as otherwise provided in this Ordinance, a newsrack requiring a permit under this Ordinance shall be placed or maintained on any public right-of-way in compliance with the following standards: 1. Every newsrack shall be placed so as to open toward the street. 2. If multiple newsracks are permitted at the same location, all such newsracks must be placed together in a straight line and abutting adjoining newsracks and no group of newsracks shall extend for a distance of more than 10 feet. 3. No newsrack shall be chained or otherwise attached to any parking meter, kiosk, trash receptacle, street light, utility pole or device, sign pole, stand pipe, transit shelter, bus bench, bus stop, or to any tree, shrub or other plant, or other structure. 4. No newsrack shall be placed, installed or maintained: a. Within 5 feet of any fire hydrant, emergency call box, or other emergency facility. b. Within 5 feet of any parking meter, bench, kiosk, trash receptacle, tree well, utility pole, signal pole, sign pole, stand pipe, or control cabinet. ---PAGE BREAK--- PAGE 7 ORDINANCE NO. 2425 WOODBURN ORDINANCE COMPILATION BUSINESS c. Within 10 feet of any transit shelter, bus bench or designated bus stop. The distance requirement shall be measured from the roof of any transit shelter, the edge of any bus bench, or the pole sign for any designated bus stop. d. Within 10 feet of any alley, loading zone, disabled ramp or curb cut. e. At any location where the clear space for the passage of pedestrians after placement or installation is less than 4 feet, or as required by ADA Accessibility Guidelines, whichever is greater. f. Within 3 feet of or on any area of flowers or shrubs or similar landscaping, or in such a manner where ordinary use of the newsrack will cause damage to such landscaping. g. Within 3 feet of any commercial window display. h. Within 3 feet of or in such a manner as to block or cover any portion of an underground utility vault, manhole, or other sidewalk underground access location. i. In such a manner as to be permanently affixed to any sidewalk, street or other property of the City. j. Within 20 feet of any crosswalk. D. Subject to the other provisions of this section, a newsrack requiring a permit under this Ordinance may be placed on the parkway adjacent to a sidewalk when placement of the newsrack on the sidewalk would reduce clear passage for pedestrians as provided in this Ordinance. In this case, the newsrack should open toward the sidewalk. E. In the event the City must expand or otherwise reconfigure public right-of- way or make improvements thereto to improve the adjacent street, sidewalk, or for other public purpose, any and all newsracks displaced by such improvements shall be removed by the permittee at the permittee’s sole cost and expense and in accordance with the instructions of the City. Wherever possible, and only in accordance with the requirements of this ordinance, the City shall attempt to allow the relocation of any newsracks displaced as provided herein to the newly reconfigured right-of-way without additional permit fee; provided, however, where such right-of-way will no longer accommodate newsracks in accordance with the requirements of this ordinance, the City shall not be obligated to provide alternative or other sites for such displaced newsracks. Section 10. General Construction and Maintenance Standards for Newsracks. Any newsrack requiring a permit under this Ordinance shall: A. Be in a clean condition and in good repair. ---PAGE BREAK--- PAGE 8 ORDINANCE NO. 2425 WOODBURN ORDINANCE COMPILATION BUSINESS B. Be constructed, installed, and maintained in a safe and secure condition. C. Be made of solid material on all sides; no wire or other open form of newsrack will be permitted. D. Be maintained so that it is free of graffiti. E. Be affixed with a decal, issued by the City, evidencing the issuance of a permit under this Ordinance. F. Be affixed with identifying information, which shall contain the name, address and telephone number of the newsrack owner and of the distributor of the publication contained therein. Such information shall be placed in a visible location on the front of the newsrack, and shall be legible. Section 11. Additional Construction and Maintenance Standards for Newsracks in Urban Renewal Core Area. In addition to complying with the standards contained in Sections 9 and 10 of this Ordinance, any newsrack requiring a permit under this Ordinance that is located in the Urban Renewal Core Area shall meet the following additional standards: A. A newsrack shall be manufactured from 20-gauge or thicker zinc coated steel. B. A newsrack shall have a net weight of at least 80 pounds when not filled with newspapers, periodicals, magazines or other publications. C. Coin mechanisms, if any, shall be housed in the body of a newsrack or in armored heads welded or bolted to the body of a newsrack. D. A newsrack shall be painted or covered with a protective coating to make it graffiti resistant and promote the easy removal of any graffiti. Section 12. Abandoned Newsracks. In the event any newsrack is severely damaged, or remains empty for more than 30 days, the newsrack shall be deemed abandoned, and may be seized and removed in the manner provided by this Ordinance. ---PAGE BREAK--- PAGE 9 ORDINANCE NO. 2425 WOODBURN ORDINANCE COMPILATION BUSINESS Section 13. Seizure of Newsracks. A. The City may seize and remove a newsrack if the person responsible for the newsrack has failed to obtain a permit under this Ordinance or where the newsrack creates an immediate danger to the public health, safety or welfare. The City Administrator shall provide notice to the owner, if known, by mailing a "Notice of Removal" to the last known address of the person. B. Except for the instances specified in subsection of this section, before any newsrack is seized, the designated representative shall be notified and provided 5 business days from notification in which to remedy the violation or to request a hearing to contest the seizure. A person notified under this subsection may make a written request for a hearing before the Woodburn Municipal Court. C. If no hearing is requested after notice is given, the Woodburn Municipal Court may order the newsrack seized and disposed of. If a request for hearing is received, the Woodburn Municipal Court shall conduct a hearing within 30 days of receipt of the applicant's written request. Written notice of the time and place of the hearing shall be provided to the applicant. D. The Woodburn Municipal Court shall render a written decision within 15 days after the date of the hearing. E. The City shall hold any newsrack(s) seized under this section for 30 days from the date of seizure. The owner or designated representative may retrieve any seized newsrack(s) subject to a $25 seizure and impound fee for each newsrack retrieved, to be paid at the time of retrieval. If a hearing has been requested, the City shall hold any seized newsrack(s) until the conclusion of all proceedings involving the newsrack(s), but not less than 30 days. At the conclusion of the appropriate time under this subsection, the City shall become owner of the seized newsrack(s) and may dispose of them as appropriate. F. The owner of any newsrack(s) retrieved after seizure under this section, shall re-apply for a newsrack permit, pursuant to the requirements of this ordinance, prior to placing the formerly seized newsrack(s) back in the city. Section 14. Enforcement. A. A newsrack placed in violation of this Ordinance constitutes a public nuisance, and may be abated. B. The City Attorney, after obtaining authorization from the City Council, may initiate a civil proceeding on behalf of the City to enforce the provisions of this Ordinance. ---PAGE BREAK--- PAGE 10 ORDINANCE NO. 2425 WOODBURN ORDINANCE COMPILATION BUSINESS C. In addition to, and not in lieu of any other enforcement mechanisms, a violation of any provision of this Ordinance constitutes a Class 1 Civil Infraction and may be processed according to the procedures contained in the Woodburn Civil Infraction ordinance. D. Each day that a violation of this Ordinance is committed or permitted to continue shall constitute a separate Civil Infraction. E. The remedies provided for in this Section are cumulative and not mutually exclusive. Section 15. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Section 16. [Emergency clause.] Passed by the Council October 8, 2007, and approved by the Mayor October 10, 2007. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS PAGE 1 ORDINANCE NO. 2468 ORDINANCE NO. 2468 AN ORDINANCE IMPLEMENTING CERTAIN LOCAL INCENTIVES FOR BUSINESSES LOCATED WITHIN THE WOODBURN ENTERPRISE ZONE [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. All businesses located within the Woodburn Enterprise Zone that obtain authorization from the State of Oregon pursuant to ORS 285C.140 shall be subject to the Expedited Land Use Review process under Ordinance 2460, the Woodburn Development Ordinance. Section 2. The Enterprise Zone filing fee referenced in ORS 285C.140(1)(c) is waived for businesses within the Woodburn Enterprise Zone that obtain authorization from the State of Oregon pursuant to 285C.140. Section 3. All businesses within the Woodburn Enterprise Zone that obtain authorization from the State of Oregon pursuant to ORS 285C.140 shall also be entitled to the following: A. Waiver of 100% of the following planning fees adopted by Ordinance 2433 as part of the Master Fee Schedule; 1. Sign Permit Fees 2. Pre-Application Fees 3. Expedited Land Use Review Fees Section 4. All businesses within the Woodburn Enterprise Zone that obtain authorization from the State of Oregon pursuant to ORS 285C.140 shall have 100% of their business registration fees under Ordinance 2399 waived during the period of their authorization. Section 5. All businesses within the Woodburn Enterprise Zone that obtain authorization from the State of Oregon pursuant to ORS 285C.140 shall have the water installation charges and sewer tap fees adopted by Ordinance 2433 as part of the Master Fee Schedule waived up to a maximum amount of $2,000. Section 6. In addition to the foregoing incentives, all businesses within the Woodburn Enterprise Zone that obtain extended authorization from the State of Oregon pursuant to ORS 285C.160 shall have 100% of their planning fees adopted by Ordinance 2433 as part of the Master Fee Schedule waived. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS PAGE 2 ORDINANCE NO. 2468 Section 7. Nothing in this Ordinance waives or is intended to waive any Systems Development Charges that are due to the City pursuant to Ordinances 2070, 2111, 2250, 2438 or any other applicable City Ordinance. Section 8. Enterprise Zone data will be reported to the City Council on an annual basis and will include information on new investments, tax exemptions granted, job creation, and public benefit criteria. Passed by the Council July 26, 2010, and approved by the Mayor July 28, 2010. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS PAGE 1 ORDINANCE NO. 2527 ORDINANCE NO. 2527 AN ORDINANCE ADOPTING A MEDICAL MARIJUANA PERMIT PROCESS; IMPOSING REGULATIONS ON THE OPERATION OF MEDICAL MARIJUANA FACILITIES; AND DECLARING AN EMERGENCY [Whereas Clauses] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Purpose. The purpose of this Ordinance is to minimize any adverse public safety and public health impacts that may result from allowing Medical Marijuana Facilities in the City by adopting particular time, place and manner regulations as authorized under state statute and establishing a permitting process. Section 2. Definitions. A. "Cash Accounting" means a cash basis system of accounting in which the Operator of an enterprise records revenue and expenses when they are paid, regardless of when goods are received or delivered. B. "City Administrator" means the City Administrator of the City of Woodburn or his/her designee. C. "Company Principal" means a Person who is an officer or director of a legal entity or has a controlling interest in the entity, through ownership or control of 10% or more of the stock in the entity or 10% or more of the total membership interest in the entity or I 0% or more of the total investment interest in the entity. D. ''Controlled Substances" means substances designated as Schedule I or Schedule II controlled substances in the Code of Federal Regulations Title 21, Chapter II, Part 1308. E. "Convicted" means found guilty by verdict or finding entered in a criminal proceeding in a court of competent jurisdiction. F. "Debt Financing" means secured or unsecured loans to provide funds for use in the Medical Marijuana Facility business, except for monies owed for the reasonable cost of goods or services received. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS PAGE 2 ORDINANCE NO. 2527 G. "Facility or Facilities" means a Medical Marijuana Facility or Medical Marijuana Facilities. H. "Financial Interest" exists when a Person, the Person's immediate family, or a legal entity to which the Person is a Company Principal receives or isentitled toreceive directly orindirectly anyof theprofits of the Facility; rents or leases real property to the Operator for use by the business; rents or leases personal property to the Operator for a commercially unreasonable rate; or lends or gives money, real property, orpersonal property to the Operator for use in the business. I. "Marijuana" means all parts of the plant of the Cannabis Moraceae, whether growing or not, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin, as may be defined by Oregon Revised Statutes or as they currently exist or may from time to time be amended. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, orpredation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. J. "Medical Marijuana" means all parts of marijuana plants that may be used to treat or alleviate a Medical Marijuana Qualifying Patient's debilitating medical condition or associated with the patient's debilitating medical condition. K. "Medical Marijuana Facility or Facilities" means a Medical Marijuana Facility that is registered by the Oregon Health Authority under ORS 475.300-475.346 and that sells, distributes, transmits, gives, dispenses or otherwise provides Medical Marijuana to qualifying patients. L. "Medical Marijuana Qualifying Patient" means a registry identification cardholder (Person who has been diagnosed by a physician as having a debilitating medical condition) as further defined by ORS 475.302(3) or the designated primary caregiver of the cardholder as defined by ORS 475.302(5). M. "Minor'' means any Person under 18years of age. N. "Operator" means the Person who is the proprietor of a Facility, whether in the capacity of Company Principal, owner, lessee, sub- lessee, mortgagee in possession, licensee or any other capacity. If the Operator is a corporation, the term Operator also includes ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS PAGE 3 ORDINANCE NO. 2527 each and every member of the corporation's Board of Directors whose directorship occurs in aperiod during which the Facility is in operation. If the Operator is a partnership or limited liability company, the term Operator also includes each and every member thereof whose membership occurs in a period during which the Facility is in operation. O. "Person" means natural Person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or any group or combination acting as a unit, including the United States of America, the State of Oregon and any political subdivision thereof, or the manager, lessee, agent, servant, officer or employee of any of them. P. ''Premises" means a location registered by the State of Oregon as a Medical Marijuana Facility and includes all areas at the location that are used in the business operated at the location, including offices, kitchens, restrooms, storerooms, and including all public and private areas where individuals are permitted to be present. Q. "Public Property" means all City of Woodburn parks, and any real property with a Public Zone designation under the Woodburn Development Ordinance. Section 3. Annual Permit Required. The Operator of any Medical Marijuana Facility in the City must possess a valid annual Medical Marijuana Facility permit issued under this Ordinance and must comply with the requirements of any and all state or local laws. Section 4. Initial Permit Application Requirements. A. Application forms for Medical Marijuana Facility permits will be available at the Woodburn Finance Department. Applications for initial and renewal Medical Marijuana Facility permits must be submitted to the Finance Department and must be signed under penalty of perjury. A separate permit application must be submitted for each proposed Facility location. The application documents must include at least the following: 1. The location of the proposed Facility. 2. The true names and addresses of the Persons or legal entities that have an ownership interest in the Facility; that have loaned or given money or real or personal property to the applicant for use ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS PAGE 4 ORDINANCE NO. 2527 by the Facility within the preceding year; or that have leased real property to the applicant for use by the Facility. 3. A detailed description of the type, nature and extent of the enterprise to be conducted. 4. A detailed description of the proposed accounting and inventory systems for the Facility. 5. Certification that the proposed Facility is registered as an Oregon Medical Marijuana Facility pursuant to ORS 475.300-475.346. 6. Certification that the proposed Facility has met all applicable requirements of the Woodburn Development Ordinance. 7. Certification that all current fees and taxes owed have been paid. 8. Detailed illustrations (to scale) of all proposed signage and location of such signage. 9. Such other information deemed necessary by the City Administrator to conduct any investigation or background check (including the names and fingerprints) of the Operator(s), employees, volunteers, Persons with a Financial Interest, and Persons or entities providing Debt Financing for the Facility. Section 5. Expiration and Renewal of Permits/Facility Permit Fees. A. At the time of submission of an initial Facility permit application, the applicant must pay a Medical Marijuana Facility permit application and investigation fee as provided by this Ordinance. No portion of the Medical Marijuana Facility permit fee is refundable in the event operation of the Facility is discontinued for any reason. B. A Facility permit terminates automatically on June 30 of each year, unless a permit renewal application is approved. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS PAGE 5 ORDINANCE NO. 2527 C. A Facility permit terminates automatically if federal or state statutes, regulations or guidelines are modified, changed, or interpreted in such a way by state or federal law enforcement officials as to prohibit operation of the Facility under this Ordinance and the City shall not be liable to the permit holder for termination of the permit in this manner. D. A permit renewal application shall include information similar in nature to that provided on the permittee's initial permit application and must be submitted to the Finance Department no less than thirty (30) days prior to expiration of the permit. The permittee must pay a Medical Marijuana Facility permit renewal application and investigation fee at the time a permit renewal application is submitted. E. A non-refundable application/investigation fee of $500 and a refundable $1,500 registration fee shall be charged for a Medical Marijuana Facility permit application or an annual Medical Marijuana Facility permit renewal application. The registration fee shall be refunded to the applicant if an application is returned to the applicant as incomplete, if the City denies an application, or if an applicant withdraws an application. The registration fee will not be refunded to the applicant if the City suspends or revokes a permit for noncompliance with any City Ordinance or regulations, or violations of any state laws. F. In addition to the application/investigation fee and the registration fee, an appeal fee of $750 shall be charged for all appeals under this Ordinance. Section 6. Permit Conditions. Any Medical Marijuana Facility must comply with the following requirements, in addition to any other state or local requirements: A. The Facility must continue to be registered in good standing as an Oregon Medical Marijuana Facility pursuant to state law. B. The Facility must provide written notification to the City Administrator of any sanctions imposed by the Oregon Health Authority on the Operator and/or restrictions imposed by the Oregon Health Authority on the operation of the Facility. The required written notification shall be provided to the City Administrator within ten (10) calendar days after the Oregon Health Authority has imposed the sanction or restriction. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS PAGE 6 ORDINANCE NO. 2527 C. The Facility must meet applicable laws and regulations, including, but not limited to zoning compliance, building and fire codes, including the payment of all fines, fees, and taxes owing to the City. D. The Facility must not manufacture or produce any extracts, oils, resins or similar derivatives of Marijuana on-site and must not use open flames or gases in the preparation of any products. E. Marijuana and tobacco products must not be smoked, ingested or otherwise consumed on the Premises of the Facility. F. Operating hours for retail sales to Medical Marijuana Qualifying Patients must be no earlier than 10:00 a.m. or later than 8:00 p.m. on the same day. G. The Facility must utilize an air filtration and ventilation system which, to the greatest extent feasible, confines all objectionable odors associated with the Facility to the Premises. For the purposes of this provision, the standard for judging "objectionable odors" shall be that of an average, reasonable Person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected. H. The Operator of the Facility must certify that adequate measures have been taken to protect the public from the Fungus Aspergillus and specify what measures have been taken. I. The Facility must provide for secure disposal of Marijuana remnants or by-products; such remnants or by-products shall not be placed within the Facility's exterior refuse containers. J. The Facility's location shall conform to all requirements of the Woodburn Development Ordinance. K. The Facility must not be co-located on the same tax lot or within the same building with any Marijuana social club, smoking club, or grow site. L. Signage shall not include logos or illustrations, and shall emphasize identification of the Premises without drawing undue attention. M. No Minor is allowed on the Premises unless the Minor is a Medical Marijuana Qualifying Patient and is accompanied by a ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS PAGE 7 ORDINANCE NO. 2527 parent, guardian, or caregiver whose purpose is to procure the Minor's Medical Marijuana. N. A Person with any felony convictions or a conviction for any drug related misdemeanor (including, but not limited to those under ORS 475) may not be an Operator, Company Principal, employee, or volunteer of a Facility; or have a Financial Interest in the Facility. O. The Facility must have an accounting system specifically designed for enterprises reliant on transactions conducted primarily in cash and sufficient to maintain detailed, auditable financial records. If the City Administrator finds the books and records of the Operator are deficient in any way or if the Operator's accounting system is not auditable, the Operator must modify the Facility's accounting system to meet the requirements of the City Administrator. P. The Facility must have a "cash drop safe" on site that is sufficient to secure all cash received. Q. Each Operator must keep and preserve for a period of at least three years records containing at least the following information: 1. Daily wholesale purchases (including grow receipts) and retail sales, including a cash receipts and expenses journal; 2. State and federal income tax returns; 3. Names of and any aliases of the Operator; 4. Names of and any aliases of employees/volunteers of the Facility; 5. Names of and any aliases of Persons with a Financial Interest in the Facility; and 6. The City Administrator may require additional information as he or she deems necessary. R. Each Facility must display its current permit inside the Facility in a prominent place easily visible to Persons conducting business in the Facility. S. Persons conducting business in the Facility must display their Oregon Medical Marijuana Program card to gain entry to the Facility. T. Sales or any other transfers of Marijuana products must occur completely inside the Facility building and must be conducted only ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS PAGE 8 ORDINANCE NO. 2527 between the Facility and Medical Marijuana Qualifying Patients. No walk-up or drive-through service is allowed. Section 7. Background Checks. The Finance Department will send to the Police Department the information provided on each initial or renewal Facility permit application. The Police Department will conduct criminal background checks under ORS 181.534 to determine whether any Person therein (including, but not limited to, an Operator, Person with Financial Interest, Company Principal, employee or volunteer) has any felony convictions or convictions for drug related misdemeanors and inform the Finance Department whether or not all the Persons named in the permit application passed the required background checks. If, following an initial application or renewal, an additional person is proposed to be an Operator, Person with Financial Interest, Company Principal, employee or volunteer, then such person must pass the background check prior to assuming such position. Section 8. Examination of Books, Records and Premises. A. To determine compliance with the requirements of this Ordinance, the Woodburn Development Ordinance, and any and all applicable regulations, the City Administrator may examine or cause to be examined by an agent or representative designated by the City Administrator, at any reasonable time, the Premises of the Facility, including wastewater from the Facility, and any and all Facility financial, operational and Facility information, including books, papers, payroll reports and state and federal income tax returns. Every permittee is directed and required to furnish to the City Administrator the means, Facilities and opportunity for making such examinations and investigations. B. As part of investigation of a crime or violation of this Ordinance which law enforcement officials reasonably suspect has taken place on the Premises, the Police Department shall be allowed to view surveillance videotapes or digital recordings at any reasonable time. C. Without reducing or waiving any provisions of this Ordinance, the Police Department shall have the same access to the Facility, its records and its operations, as allowed to state inspectors. Denial or interference with access shall be grounds for revocation or suspension of a Facility permit. Section 9. Administrative and Other Remedies for Noncompliance, Administrative Appeals and Penalties. A. The City Administrator may deny, suspend, or revoke a Facility permit ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS PAGE 9 ORDINANCE NO. 2527 for failure to comply with this Ordinance or rules adopted under this Ordinance, for submitting falsified information to the City or the Oregon Health Authority, or for noncompliance with any other City ordinances or regulations, or violation of any state laws. 1. Any suspension or revocation pursuant to this section shall be in writing, setting forth the reasons therefor, and written notice shall be given to the permittee by first-class United States Mail at least ten (10) calendar days prior to effective date of the revocation or suspension. 2. A decision to deny, suspend, or revoke a Facility permit may be appealed by filing a Notice of Appeal accompanied by the appeal fee of $750 in writing physically delivered to the City Administrator on or before the effective date. Unless City Administrator has declared imminent danger to the public will exist, the City Administrator's decision to revoke or suspend is stayed pending appeal. The matter shall be heard by a Hearings Officer appointed by the City Council who shall determine, by preponderance of the evidence, whether the City Administrator's decision should be upheld or reversed, or upheld in part and reversed in part. The hearing shall be conducted no later than sixty (60) days from the date of appeal, unless a different date is stipulated by the City and the applicant, or good cause is shown for setting the matter forward. Testimony at the hearing shall be taken upon oath or affirmation of the witnesses. The Hearings Officer shall consider only the matters set forth in the Notice of Appeal. The Findings and Decision of the Hearings Officer shall be served upon the appellant by first class mail within ten (10) days after the hearing concludes. The Hearings Officer decision shall be effective ten (10) days following the date of the decision. The Findings and Decision of the Hearings Officer shall be final and conclusive, subject only to writ of review under ORS 34.010 to 34.100, which shall be the sole remedy. B. In addition to the remedies of suspension and revocation, failure to comply with the requirements of this Ordinance constitutes a class 1 civil infraction under the Civil Infraction Ordinance. Each day in violation constitutes a separate offense. Company Principals, Operators, employees, and volunteers are jointly and severably liable for such offenses. C. The remedies provided herein are not exclusive and shall not prevent the City from exercising any other remedy available under the law, nor shall the provisions of this Ordinance prohibit or restrict the City or other prosecutor from pursuing criminal charges under ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUSINESS PAGE 10 ORDINANCE NO. 2527 state law or City ordinance. Such remedies include, but are not limited to, any equitable remedies such as temporary restraining orders or other injunctive relief. Section 10. Confidentiality. Except as otherwise required by law, and provided by this Ordinance, it shall be unlawful for the City, any officer, employee or agent to divulge, release or make known in any manner any financial or employee information submitted or disclosed to the City under the terms of this Ordinance. Nothing in this section shall prohibit: A. The disclosure of the names and addresses of any Operator or provider of equity or Debt Financing for a Facility; or B. The disclosure of general statistics in a form which would prevent identification of financial information regarding a Facility Operator; or C. The presentation of evidence to a court, or other tribunal having jurisdiction in the prosecution of any criminal or civil claim by the City under this Ordinance; or D. The disclosure of information when such disclosure is required by public records law procedures. Section 11. Severability. If any section, subsection, paragraph, sentence or word in this Ordinance is deemed to be invalid or beyond the authority of the City, either on its face or is applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences, or words of this Ordinance, and the application thereof; and to that end sections, subsections, paragraphs, sentences and words of this Ordinance shall be deemed severable. Section 12. Emergency Clause. Passed by the Council February 23, 2015, and approved by the Mayor February 25, 2015. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 583 PAGE 1 ORDINANCE NO. 583 A BILL FOR AN ORDINANCE PROVIDING FOR THE NUMBERING OF HOUSES, STORES, AND OTHER BUILDINGS ERECTED WITHIN THE CITY OF WOODBURN; COMPELLING THE OWNERS THEREOF TO NUMBER SUCH BUILDINGS; AND PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE. THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN: Section 1. Buildings, How Numbered. There shall be a uniform system of numbering all houses, stores and other buildings, except sheds and outbuildings erected or to be hereafter erected within the city limits of the city of Woodburn, by placing on the door or door frame of the main entrance of said building, or as near thereto as practicable, the number assigned thereto as hereinafter provided; said number to be painted on the building or on metal or glass, or a metallic figure used, at the option of the owner, and so placed as to be readily seen from the street. The figures designating the numbers when painted or otherwise shall be not less than three inches in height. Section 2. Time for Numbering. All houses or buildings now erected shall be numbered within 90 days from the passage and approval of this ordinance, and all houses or buildings hereafter erected shall be numbered before being occupied. Section 3. Civil Infraction Assessment. A violation of any provision of this ordinance constitutes a class 4 civil infraction and shall be dealt with according to the procedures. established by Ordinance 1998. [Section 3 as amended by Ordinance 2008 passed October 24, 1988.] Section 4. Public Buildings. The committee on streets is hereby authorized to cause proper numbers to be placed on public buildings as required. Section 5. Houses, How Numbered. That houses or buildings erected upon streets running northerly and southerly shall be numbered as follows: that part of each of said streets lying south of Cleveland Street shall be numbered southerly from the south side of said Cleveland Street, beginning with the number 100, and allow 100 numbers to each block; both sides of a street being considered a block. The even numbers to be used for numbering houses and buildings on the east side of said streets, and the odd numbers to be used for numbering on the west side of said streets. The first tier of blocks south of Cleveland Street shall be numbered southerly beginning such numbering with the figure 100, and continuing with successive numbers thereafter to and inclusive of the figure 199. The second tier of blocks shall be numbered beginning with the number 200 and continuing with the successive numbers thereafter, to and inclusive of the number 299, and continuing in like manner the numbering of each successive tier of blocks, giving 100 numbers to each tier of blocks, and ending such numbering at the southern boundary of the city. That part of said streets north of Cleveland Street shall be numbered in the same manner, but northerly from Cleveland ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 583 PAGE 2 Street, beginning with the number 100 and giving 100 numbers to each tier of blocks northerly, and numbering in the same manner as numbering of said buildings southerly of Cleveland Street. Buildings or houses erected on lots which abut upon streets running easterly and westerly shall be numbered as follows: that part of each of said streets lying east of Front Street shall be numbered easterly from the east side of said Front Street, beginning with the number 100 and allowing 100 numbers to each block, both sides of the street being considered a block. The even numbers to be used for numbering houses and buildings on the south side of said streets, and the odd numbers to be used for such numbering on the north sides of said streets. The first tier of blocks east of Front Street shall be numbered easterly, beginning such numbering with the figure 100 and continuing with successive numbers thereafter to and inclusive of the figure 199. The second tier of blocks shall be numbered beginning with the number 200 and continuing with successive numbers thereafter to and inclusive of the number 299, and continuing in a like manner the numbering of each successive tier of blocks, giving 100 numbers to each tier of blocks, and ending such numbering at the eastern boundary of the city. That part of said streets lying west of Front Street shall be numbered in the same manner, but westerly from Front Street, beginning with the number 100 and giving 100 numbers to each tier of blocks westerly, numbering in the same manner as the numbering of said buildings easterly of Front Street. All buildings or houses which are located upon short or otherwise irregular streets which are not covered by the foregoing provisions shall be numbered as near like as possible that of the nearest adjoining blocks of regular streets running relatively in the same direction. In order to ascertain the proper position of a number in a block, the length of the block shall be divided by 50 and this will give the relative distance apart of each number. Section 6. All ordinances or part of ordinances in conflict herewith are hereby repealed. Passed by the Council and approved by the Mayor April 1, 1924. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 1358 PAGE 1 ORDINANCE NO. 1358 AN ORDINANCE REGULATING THE MOVING OF BUILDINGS; PROVIDING FOR PROTECTION TO THE CITY FROM DAMAGES ARISING FROM SUCH MOVING; REQUIRING PERMITS AND FEES; PRESCRIBING PENALTIES FOR VIOLATION; AND DECLARING AN EMERGENCY. THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN: Section 1. Definitions. Building. Any structure designed, built or occupied as a shelter or covered enclosure for persons, animals or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. The following structures shall not fall within this definition: Trailers, mobile homes. Portable structures on skids. Prefabricated utility or construction sheds with floor space less than 225 square feet. Other structures with floor space less than 100 square feet and height less than 15 feet. City. City of Woodburn, Oregon. Person. Any individual person, firm, partnership, association, corporation, company or organization of any kind. Section. 2. Permits. No person shall move any building over, along or across any highway, street, alley, sidewalk or public right-of-way in the city without first obtaining a permit from the city. A person seeking such a permit shall file an application for such permit with the city. The application shall be in writing on a form provided by the city for such purpose. The application shall contain the following: A description of the building proposed to be moved, including address, construction materials, dimensions, number of rooms and general condition. Legal descriptions of the lots from and to which the building is to be moved, including lot, block and tract numbers if within the city. The portion of the lot to be occupied by the building where moved, if within the city. The specific highways, streets, alleys, sidewalks and rights-of-way over, along or across which the building is to be moved. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 2 PAGE 1 Date and hours of movement. Any additional information which the city engineer shall find necessary for a fair determination of whether a permit should [be issued]. Section 3. Tax Certificate. The owner of the building to be moved shall file with the application sufficient evidence that the building and lot from which it is to be moved are free of all city taxes and city charges and assessments against the same are paid in full. Section 4. Certificate of Ownership or Entitlement. The applicant, if other than the owner, shall file with the application a written statement or document of sale signed by the owner, or other sufficient evidence that he is entitled to move the building. Section 5. Permit Fee. The fee to be paid for each permit under this ordinance shall be $0.05 per square foot of floor space for one-story structures. Fees for structures in excess of one story shall be $0.05 per square foot of floor space for the lowermost story, and $0.03 per square foot of floor space of each additional story. Section 6. Deposit for Expense to City. Upon receipt of an application, it shall be the responsibility of the city to estimate the expense that will be incurred in removing and replacing any electric wires, street lamps or pole lines belonging to the city, or any other property of the city, the removal and replacement of which will be required by reason of the moving of the building through the city, together with the cost of materials necessary to be used in making such removals and replacements. Prior to issuance of the permit, applicant shall deposit with the city a sum of money equal to twice the amount of the estimated expense. Section 7. Insurance. An application hereunder shall be accompanied by a certificate of insurance certifying that the applicant has obtained a general liability insurance policy, issued by an insurance company authorized to do business in the state of Oregon, and approved as to form by the city attorney, which policy shall provide no less than the following coverage amounts: $100,000.00 bodily injury to one person. $300,000.00 per occurrence. $50,000.00 property damage. Section 8. Duties of the City. Inspection. The city engineer shall inspect the building and the applicant's equipment to determine whether the standards for issuance of a permit are met. Standards for Issuance. The city shall refuse to issue a permit if it finds: ---PAGE BREAK--- ORDINANCE NO. 3 PAGE 1 WOODBURN ORDINANCE COMPILATION BUILDING That any application requirement or any fee or deposit requirement has not been complied with; That the building is too large to move without endangering persons or property in the city; That the building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the city; That the building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the city; That the applicant's equipment is unsafe and that persons and property would be endangered by its use; That zoning or other ordinances would be violated by the building in its new location; [or] That for any other reason persons or property in the city would be endangered by the moving of the building. Section 9. Return of Deposits. Return upon nonissuance. Upon refusal to issue a permit, the city shall return to the applicant all deposits and insurance policies. Permit fees filed with the application shall not be returned. Return upon allowance for expense. After the building has been removed, the city engineer shall furnish the city administrator with a written statement of all expenses incurred in removing and replacing all property belonging to the city, and of all material used in the making of the removal and replacement, together with a statement of all damage caused to or inflicted upon property belonging to the city. If any wires, poles, lamps or other property are not located in conformity with governing ordinances, the permittee shall not be liable for the costs of removing the same. The city administrator shall authorize the city engineer to return to the applicant all deposits after deducting the sum sufficient to pay for all of the costs and expenses and for all damage done to property of the city by reason of the removal of the building. Permit fees deposited with the application shall not be returned. [Section 9 as amended by Ordinance No. 1464, passed February 24, 1975.] Section 10. Routes. The city engineer shall prepare a route over which the building may be moved. In doing so, he shall take into consideration maximum safety to all relevant engineering consequences. The route shall be stated in the permit, and any building shall be moved only over said route. Section 11. Responsibilities of Permittee. Permittee shall: ---PAGE BREAK--- ORDINANCE NO. 4 PAGE 1 WOODBURN ORDINANCE COMPILATION BUILDING Notify the city in writing of any and all damage done to property belonging to the city within 24 hours after such damage has occurred. Cause red lights to be displayed during the nighttime on every side of the building, while standing on a street, in such manner as to warn the public of the obstruction, and shall at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building. Remove the building from the city streets after a reasonable period of time to be determined by the city engineer. Comply with the building code, the fire zone, the zoning ordinance, and all other applicable ordinances and laws, upon relocating the building in the city. Pay the expense of a traffic officer ordered by the city to accompany the movement of the building to protect the public from injury. Remove all rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a safe and sanitary condition. Insure that the sewer line is plugged with a concrete stopper, the water shot off, and the meter returned to the city. Permittee shall notify the gas and electric service companies to remove their services. Section 12. Enforcement. Permittee liable for expense above deposit. The permittee shall be liable for any expense, damages or costs in excess of deposited amounts or securities, and the city attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts. Original premises left unsafe. The city shall proceed to do the work necessary to leave the original premises in a safe and sanitary condition, where permittee does not comply with the requirements of this ordinance, and the cost thereof shall be charged against the general deposit. Section 13. Severability. Each section, subsection or other portion of this ordinance shall be severable; the invalidity of any section, subsection or other portion shall not invalidate the remainder. Section 14. Civil Infraction Assessment. A violation of any provision of this ordinance constitutes a class 2 civil infraction and shall be dealt with according to the procedures established by Ordinance 1998. [Section 14 as amended by Ordinance 2008, passed October 24, 1988.] Passed by the Council and approved by the Mayor June 11, 1993. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 1652 PAGE 1 ORDINANCE NO. 1652 AN ORDINANCE ASSESSING A TECHNICAL AND ENVIRONMENTAL SERVICES CHARGE AND PROVIDING FOR ITS EXPENDITURE. [Whereas clauses.] THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN: Section 1. Construction Fee. That a fee of one dollar ($1.50) per one thousand dollars ($1,000) of construction value shall be charged to all new construction in the City of Woodburn. [Section 1 as amended by Ordinance 2370, passed August 23, 2004.] Section 2. Fee Collection. This fee shall be collected by the Building Official prior to issuance of a building permit. Section 3. Technical and Environmental Services Fund. The monies collected shall be placed in two funds: two-thirds of the monies shall be placed in the General Fund for planning services, and one-third of the monies shall be placed in the Technical and Environmental Fund for engineering services. These monies shall be used to meet the expenses necessary in providing planning and engineering services associated with reviewing building permit applications. [Section 3 as amended by Ordinance 2370, passed August 23, 2004.] Passed by the Council January 22, 1979, and approved by the Mayor January 23, 1979. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 1999 PAGE 1 ORDINANCE NO. 1999 AN ORDINANCE PROVIDING FOR THE ABATEMENT OF BUILDING NUISANCES; REPEALING ORDINANCE 1620; AND DECLARING AN EMERGENCY. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. For the purposes of this ordinance, the following mean: Dangerous Building. A structure that, for lack of proper repairs or because of age and dilapidated condition or of poorly installed electrical wiring or equipment, defective chimney, gas connection or heating apparatus, or for any other reason, is liable to cause fire, and which is situated or occupied in a manner that endangers other property or human life. A structure containing combustible or explosive materials or inflammable substances liable to cause fire or danger to the safety of the building, premises or to human life. A structure that is in a filthy or unsanitary condition liable to cause the spread of contagious or infectious disease. A structure in such a weak, dilapidated or deteriorated condition that it endangers a person or property because of the probability of partial or entire collapse. Person. Every natural person, firm, partnership, association or corporation. Section 2. Nuisance Declared. Every building found by the Council to be a dangerous building is declared to be a public nuisance and may be abated by the procedures specified in this ordinance or by a suit for abatement brought by the city. Section 3. Initial Action. When a city official determines that there is a dangerous building, the official shall report it to the Council. The Council shall, within a reasonable time, fix a time and place for a public hearing. Section 4. Mailed Notice. The City Recorder shall notify the owner of the building and, if not the same person, the owner of the property on which the building is situated. The notice shall state: That a hearing will be held concerning the nuisance character of the property, and ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 1999 PAGE 2 The time and place of the hearing. A copy of this notice shall be posted on the property. Section 5. Published Notices. Ten days' notice of the hearing shall be published in a newspaper of general circulation in the city or by posting notices in three public places in the city. Section 6. Hearing. At the hearing, the owner or other persons interested in the dangerous building shall have a right to be heard. The Council may inspect the building and may consider the facts observed by it in determining if the building is dangerous. If the Council determines that the building is dangerous, the Council may by resolution: Order the building to be abated; or Order the building to be made safe and prescribe what must be done to make it safe. Section 7. Council Order; Notice. Five day's notice of the Council's findings and any order made by the Council shall be given to the owner of the building, the owner's agent or other person controlling it. If the orders are not obeyed and the building not made safe within the time specified by the order (being not less than five days), the Council may order the building demolished or made safe at the expense of the property on which it is situated. Section 8. Abatement by the City. If the Council orders are not complied with, the Council may: Specify the work to be done; Advertise for bids for doing the work in the manner provided for advertising for bids for street improvements. Section 9. Assessment. The Council shall determine the probable cost of the work and assess the costs against the property upon which the building is situated. The assessment shall be declared by resolution, and it shall be entered in the docket of city liens and become a lien against the property. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 1999 PAGE 3 The creation of the lien and the collection and enforcement of the cost shall be performed in substantially the same manner as assessments for street improvements. Section 10. Summary Abatement. The procedures of this ordinance need not be followed if a building is unmistakably dangerous and imminently endangers human life or property. In this instance, the city may summarily demolish the building. Section 11. Errors in Procedure. Failure to conform to the requirements of this ordinance that does not substantially affect a legal right of a person does not invalidate a proceeding under this ordinance. Section 12. Civil Infraction. A violation of any provision of this ordinance constitutes a class 1 civil infraction and shall be dealt with according to the procedures established by Ordinance 1998. [Section 12(a) as amended by Ordinance 2008 passed October 24, 1988.] Subsection of this section provides an alternative remedy to the abatement provisions contained elsewhere in this ordinance and shall not be read to prohibit abatement of building nuisances as so provided. Section 13. Repeal. Ordinance 1620 is hereby repealed. Section 14. [Emergency clause.] Passed by the Council May 23, 1988, and approved by the Mayor May 23, 1988. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 2018 PAGE 1 ORDINANCE NO. 2018 AN ORDINANCE REGULATING AND CONSTRAINING DEVELOPMENT AND CONSTRUCTION WITHIN THE FLOOD PLAIN AREAS OF WOODBURN, REPEALING ORDINANCE NO. 1967, AND DECLARING AND EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Purpose and Intent. It is the purpose and intent of this ordinance to promote the public health, safety and welfare, and to minimize public and private losses due to flood conditions by regulating and constraining development and construction within the flood plain areas of Woodburn. Section 2. Definitions. "Area of Special Flood Hazard" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FIRM. Zone A is usually refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH or AR/A. (Amended by Ordinance 2253, January 10, 2000) B) "Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood." (Amended by Ordinance 2253, January 10, 2000) "Development" means any man-made changes to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations located within the area of special flood hazard. "FIRM". An acronym for Flood Insurance Rate Map. This is the official map of the community, on which has been delineated both the special hazard areas and the risk premium zones applicable to the City of Woodburn. (Amended by Ordinance 2253, January 10, 2000) "Flood or Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas. "Flood Insurance Study" means the official report provided by the Federal Emergency Management Agency that is an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations. (Amended by Ordinance 2253, January 10, 2000) "Floodway" means the channel of a stream or other water course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing water surface elevations more than one(1) foot. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 2018 PAGE 2 "Lowest Floor" means the lowest floor of the lowest enclosed area (including a basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this ordinance found at Section (Amended by Ordinance 2253, January 10, 2000) "Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For insurance purposes the term "manufactured home" does not include a “recreational vehicle” which is: built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self propelled or permanently towable by a light duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. (Amended by Ordinance 2253, January 10, 2000) “Mean Sea Level” means the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations on the city’s FIRM are referenced. (Amended by Ordinance 2253, January 10, 2000) "New Construction" means structures for which the start of construction commenced on or after the effective date of this ordinance. "Start of Construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the excavation for a basement, footings, piers, or foundation or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. (Amended by Ordinance 2253, January 10, 2000.) "Storm Water Management Plan" means the section of the City's officially adopted Comprehensive Plan which deals with storm water and flood water management. (Amended by Ordinance 2253, January 10, 2000) "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. (Amended by Ordinance 2253, January 10, 2000) ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 2018 PAGE 3 Substantial Improvement" means any reconstruction, rehabilitation, addition or other improvement of the structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the “start of construction “of the improvement. This term includes structures which have incurred damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred regardless of the actual repair work performed. The term does not, however, include either: Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the city code enforcement official and which are the minimum necessary to assure safe living conditions or, Any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”. (Amended by Ordinance 2253, January 10, 2000.) Section 3. General Provisions. Land to which this ordinance applies. This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Woodburn. Subdivision Proposals: All subdivision proposals shall be consistent with the need to minimize flood damage; All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres (which ever is less). Review of Building Permits: Where elevation data is not available either through the Flood Insurance Study or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high-water marks, photographs of past flooding, etc, where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 2018 PAGE 4 Basis for establishing the areas of special flood hazard. The area of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for Marion County and Incorporated Areas" dated January 19, 2000, with accompanying flood insurance maps is hereby adopted by reference and declared to be a part of this ordinance. In addition, the City's Storm Water Management Plan is also adopted by this ordinance and included as a part thereof. (Amended by Ordinance 2253, January 10, 2000) Minimum floor elevations for structures in the flood hazard area. THE MINIMUM FLOOR ELEVATIONS FOR STRUCTURES IN THE FLOOD HAZARD AREAS SHALL BE DETERMINED ON A SITE SPECIFIC BASIS USING SURVEYS AND SURVEY DATA OR DATA FOUND TO BE ACCEPTABLE UNDER THE SECTIONS OF THIS ORDINANCE OR THE NATIONAL FLOOD INSURANCE STANDARDS. Floodways defined. The following floodways are hereby defined by this ordinance: For Mill Creek main drainage channel A MAXIMUM FLOODWAY WIDTH OF 150 FEET AS DEFINED ON DATA TABLE #6 OF THE MARION COUNTY AND INCORPORATED AREA FLOOD INSURANCE STUDY. (Amended by Ordinance 2253, January 10, 2000) For Senecal Creek main channel, a MAXIMUM FLOODWAY WIDTH OF 145 FEET AS DEFINED ON DATA TABLE #2 OF THE MARION COUNTY AND INCORPORATED AREA FLOOD INSURANCE STUDY. (Amended by Ordinance 2253, January 10, 2000) For the tributary in drainage basin no. 2 as defined on the Storm Water Management Plan, a floodway of 80 feet from the confluence with tributary no. 2 with Mill Creek upstream 1,600 feet. For the tributary in drainage basin no. 3, a floodway channel of 60 feet from the confluence of tributary no. 3 with the main Mill Creek channel upstream 1,000 feet. For the tributary in drainage basin no. 5, a floodway of 80 feet from the confluence of tributary No. 5 with the Mill Creek channel upstream 1,600 feet. For the tributary in drainage basin no. 6, a floodway of 100 feet from the confluence of tributary no. 6 with the Mill Creek channel upstream 1,000 feet, a floodway of 80 feet from 1,000 to 1,500 feet, and a floodway of 60 feet from 1,500 feet to 2,000 feet above the confluence of Mill Creek. For the tributary in drainage basin no. 7, a floodway of 80 feet from the confluence of tributary no. 7 with Mill Creek upstream 1,800 feet. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 2018 PAGE 5 For the Senecal Creek tributary which is unnumbered on the Storm Water Management Plan but which drains the area from Interstate 5 to Woodland Avenue, a floodway of 80 feet from the point of its confluence with Senecal Creek upstream to the point at which it crosses underneath State Highway 214. In addition to the above mentioned floodways, a floodway of 40 feet shall be maintained on all open existing drainage channels within the City of Woodburn. Section 4. Administration. Establishment of development permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3 The permits shall be for all structures including manufactured homes as set forth in the definitions and for all other developments including fill and other activities as also set forth in the definitions. (Amended by Ordinance 2253, January 10, 2000) Designation of the City Engineer. The City Engineer, or his designate, is hereby appointed to administer and implement this ordinance by granting or denying development applications in accordance with its provisions. Duties and responsibilities of the City Engineer. Duties of the City Engineer shall include, but are not limited to: Permit review. Review all development permits to determine whether the permit requirements of this ordinance have been satisfied. Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required. Review all development permits to determine if the proposed development is located in the floodway. Review all requests to fill in the flood hazard area to determine if the requests are in conformance with the criteria set forth in this ordinance. Use of other base flood data. When base flood elevation data has not been provided in accordance with Section 3(B), basis for establishing the areas of special flood hazard, the City Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from federal, state, or other sources in order to administer the provisions of this ordinance. Information to be obtained and maintained. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 2018 PAGE 6 Where base flood elevation data is provided through the Flood Insurance Study or required as in Section 4(D), obtain and record the actual elevation in relation to mean sea level of the lowest floor (including basement) of all new or substantially improved structures and whether or nor the structure contains a basement. For all new or substantially improved flood-proof structures: Obtain and record the actual elevation (in relation to mean sea level) and, (ii) Maintain the flood proofing certifications required in Section (iii) Elevations required above shall be provided by the owner along with a certification by an engineer or registered land surveyor of the actual elevation above mean sea level of the lowest floor of the structure. Alteration of water courses. Notify adjacent communities and the state agency responsible prior to any alteration or relocation of a water course, and submit evidence of such notification to the Federal Emergency Management Agency. Require that maintenance is provided within the altered and relocated portion of said water course so that the flood carrying capacity is not diminished. (Amended by Ordinance 2253, January 10, 2000) Section 5. General Standards. In all areas of special flood hazards the following standards are required. Anchoring. All new construction and substantial improvements to existing structures shall be anchored to prevent flotation, collapse, or lateral movement of the structure. All manufactured homes in a special flood hazard area shall be placed on fill AND elevated to the minimum elevations established in Section 3(C) or 1.5 feet above the elevation of the base flood. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 2018 PAGE 7 Utilities. All new and replacement water supply systems shall be designed and constructed to minimize or eliminate infiltration of flood waters into the system. New and replacement sanitary sewer systems shall be designed and constructed to minimize or eliminate infiltration of flood waters into the systems and discharge of the systems into the flood waters. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Storage of materials and equipment. Materials that are buoyant, flammable, obnoxious, toxic or otherwise injurious to persons or property, if transported by flood-waters, are prohibited in the flood hazard area. Storage of materials and equipment not having these characteristics is permissible only if the materials and equipment have low-damage potential and are anchored or are readily removable from the area within the time available after forecasting and warning, however, no storage is allowed in the floodway. Section 6. Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided in this ordinance under Section 3(C) or Section 4(D), the following provisions are required. Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. All manufactured homes to be placed or substantially improved within Zones A1-30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured homes is ABOVE the base flood elevation and be securely anchored or an adequately anchored foundation system in accordance with the provisions of Section 5(A)(2) and Residential Construction. New construction and substantial improvement of any residential structures shall have the lowest floor, including basement, elevated to or above the elevation established in Section 3(C), or 1.5 feet above the elevation established in Section 3(D) and 4(D). Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 2018 PAGE 8 A minimum of two openings having a total of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. Non-Residential Construction. New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to the level of the elevation established in Section 3(C), or 1.5 feet above the elevation of the base flood established in Section 3(D) and 4(D)l or, together with the attendant utility and sanitary facilities shall: Be flood proofed so that below the base flood level of the structure is water-tight with walls substantially impermeable to the passage of water. Have structural components capable of resisting hydrostatic loads and effect of buoyancy in a base flood. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice of meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the City Engineer. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in Section 6(A). Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood- proofed level a building constructed to the base flood level will be rated as one foot below that level). Section 7. Floodways. IN THE FLOODWAYS AS DEFINED UNDER SECTION 3(F), NO ENCROACHMENTS INCLUDING FILL, NEW CONSTRUCTION, SUBSTANTIAL IMPROVEMENTS, AND OTHER DEVELOPMENT, WITHIN THE ADOPTED REGULATORY FLOODWAY THAT WOULD RESULT IN ANY INCREASE IN FLOOD LEVELS, IS PERMITTED. THE NORMAL AND ROUTINE MAINTENANCE OF STREAM CHANNELS IS NOT PRECLUDED BY THIS ORDINANCE PROVIDED SUCH MAINTENANCE COMPLIES WITH THE NO RISE STANDARD IN FLOOD LEVELS AS OUTLINED IN SECTION 7(A). Section 8. Fill Standards ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 2018 PAGE 9 All structures built in the special flood area shall be constructed on engineered fill or shall have designed footings at suitable depth, both as required by the Uniform Building Code, or in conformance with other additional standards as required by the City Engineer in accordance with good engineering practices. The slope on a fill in the special flood hazard area shall not exceed 33%. Toe of such fill shall be outside the floodways defined in Section 3(D). The amount of fill in the special flood hazard area shall be kept to a minimum. The following standards shall apply. Only one structure per existing lot at the time of passage of this ordinance shall be allowed for areas within the special flood hazard area. The structure shall be located so that a minimum amount of fill will be necessary for the elevation of the structure above the flood level. All subdivision, partition, and planned unit developments which envision development of any special flood hazard area shall indicate on the preliminary plan the location of all structures proposed to be located in the flood hazard area. These structures shall be located so that a minimum amount of fill is required to develop the land. Development proposals, whether nonresidential or residential, together with public utilities and facilities attendant to them, shall be constructed to minimize flood damage, and adequate drainage shall be provided. In areas not covered by Section 3(B), flood elevation data shall be provided by the developer. Multiple family residential or nonresidential structures shall be located as far as practical on the existing contiguous property from the floodway. Section 9. Density Transfer. The Planning Commission may, upon application under the variance procedure, allow a higher density of dwelling units or structures on a parcel of property which contains areas of special flood hazard if the areas of special flood hazard are left substantially without fill. The Commission shall determine the amount of fill which would practicably be allowed in the flood hazard, and the additional amount of density on land outside the special flood hazard area which should be allowed due to the loss of the developable land in the flood hazard area. Section 10. Variances. Variances to this ordinance shall comply with the same standards and follow the same procedures for variances to the Zoning Code of the City of Woodburn. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 2018 PAGE 10 Section 11. Enforcement. Violation of this ordinance is a CLASS I CIVIL INFRACTION and shall be punishable by a fine of up to $500 for the first offense (finding of violation), and by a fine of up to $500 for the second and succeeding offenses (finding of violation). A separate offense will be deemed to occur on each calendar day that the infraction continues to exist, and a separate citation may be filed for each such offense. Alternate Remedy. If a parcel of land is, or is proposed to be used, developed, or maintained in violation of this ordinance, the aforesaid use shall constitute a nuisance, and the City may, as an addition to other remedies that are legally available for enforcing this ordinance institute injunction, mandamus, abatement, or other appropriate proceedings to prevent, enjoin temporarily or permanently, abate or remove the unlawful use, development, or maintenance of the land. Section 12. Violation as Nuisance. Violation of any provision of this ordinance is hereby declared to be a nuisance, for which remedy may be pursued by the City to the full extent of law, notwithstanding any limitation in this or any other ordinance. Section 13. Severability. If any word, clause, phrase, section, subsection, or other portion of this ordinance is found invalid by a court of competent jurisdiction, then the remainder of the ordinance shall be given full effect. Section 14. Ordinance Repealed. Ordinance No 1967 is hereby repealed and Ordinance No. 1664 is not thereby resurrected. Section 15. [Emergency clause.] Passed by the Council and approved by the Mayor March 27, 1989 ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 2415 PAGE 1 ORDINANCE NO. 2415 AN ORDINANCE ADOPTING CERTAIN STATE SPECIALTY CODES; SETTING FORTH THE POWERS AND DUTIES OF THE BUILDING OFFICIAL; PROVIDING FOR PROCEDURES AND FEES; ESTABLISHING PENALTY PROVISIONS; REPEALING ORDINANCE 2293 AND DECLARING AN EMERGENCY. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. For the purpose of this Ordinance, the following terms shall mean: A. Building Official - means the City of Woodburn Building Official who is responsible for building inspections and with the administration and enforcement of this ordinance. B. State Building Code - or “the code” means the combined specialty codes adopted by this ordinance. Section 2. State Codes Adopted. The following codes, standards and rules are adopted and are by this reference incorporated herein and shall be in force and effect within the corporate boundaries of the City of Woodburn: A. The Oregon Structural Specialty Code, as adopted by the State of Oregon, including the following administrative provisions: 1. Section 104.2 (Applications and permits). 2. Section 104.4 (Inspections). 3. Section 104.6 (Department Records). 4. Section 104.7 (Liability). 5. Section 104.8 (Approved materials and equipment). 6. Section 104.9 (Modifications). 7. Section 104.10 (Alternate materials, design and methods of construction and equipment). 8. Section 105.3.2. (Time limit of application). “An application for a permit for any proposed work shall be deemed to have been abandoned 180 days ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 2415 PAGE 12 after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for each additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.” 9. The following categories of construction activities listed in Section 101.2 as outside of the authority of the Oregon Structural Specialty Code, but within the authority of municipalities to regulate by local ordinance, shall be subject to the relevant construction standards contained in the 2018 International Building Code: tanks that are located exterior to and not attached to or supported by a regulated building; (ii) cellular phone, radio, television, and other telecommunication and broadcast towers that are not attached to or supported by a regulated building; and (iii) signs not attached to or supported by a regulated building. 10. As listed in Section 101.2 as outside of the authority of the Oregon Structural Specialty Code, but within the authority of municipalities to regulate by local ordinance, the City hereby regulates Demolitions pursuant to the following construction standards of the 2019 Oregon Structural Specialty Code: Section 3303 Demolition, which includes subsections 3303.1 (Construction documents), 3303.2 (Pedestrian protection), 3303.3 (Means of egress), 3303.4 (Vacant lot), 3303.5 (Water accumulation), 3303.6 (Utility connections), and 3303.7 (Fire safety during demolition). B. The Oregon Mechanical Specialty Code, as adopted by the State of Oregon, including the following administrative provision: 1. Section 106.3.3. (Time limit of application). “An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official shall have authority to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.” C. The Oregon Residential Specialty Code, as adopted by the State of Oregon, including the following administrative and low-rise apartment provisions: 1. Section 105.3.2 (Time limit of application). “An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated.” 2. Chapter 43 “Low-rise apartments of the Oregon Residential Specialty Code shall be built to the Group R-2 apartment occupancy requirements of the Oregon Structural Specialty Code and the Oregon Mechanical Specialty Code.” 3. Chapter 43 “Per ORS 455.010(4), low-rise apartments are defined as having three stories or less above grade and having an exterior door for each dwelling unit.” D. The Oregon Plumbing Specialty Code as adopted by the State of Oregon. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 2415 PAGE 13 E. The Electrical Safety Law as contained in ORS 479.510 to 479.945, and 479.995. F. The Oregon Fire Code Amendments, as adopted by the State of Oregon; G. Manufactured structure installation requirements under ORS 446.155, 446.185 and 446.230; H. Manufactured dwelling park and mobile home park requirements under ORS Chapter 446; I. Park and camp program requirements under ORS 455.680 (OAR 918-650); J. Tourist facility requirements under ORS 446.310 to 446.350; K. Manufactured dwelling alterations under under ORS 446.250-253 (OAR [PHONE REDACTED]); and L. Manufactured structure accessory buildings and structures under ORS 446.240, 446.250-253. (Section 2 as amended by Ordinance 2420 dated May 29, 2007, Ordinance 2580 dated April 13, 2020, and Ordinance 2598 dated March 28, 2022) Section 3. Powers and Duties of the Building Official. The Building Department shall be under the administrative and operational control of the building official. The building official shall have the power to render written and oral interpretations of the code and to adopt and enforce administrative procedures in order to clarify the application of its provisions. Such interpretations, rules, and regulations shall be in conformance with the intent and purpose of the code. The building official is authorized to enforce all the provisions of the code. Section 4. Right of Entry. When it is necessary to make an inspection to enforce the state building code, or when the building official has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of the code which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by the code, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. Section 5. Stop Work Orders. Whenever any work is being done contrary to the provisions of the code, or other pertinent laws or ordinances implemented through the enforcement of the code, the building official may order the work stopped by notice in writing served on any person(s) engaged in the doing or causing such work to be done. Such person(s) shall forthwith stop such work until specifically authorized by the building official to proceed with the work. Notwithstanding the other remedies, if the building official determines that any building under construction, mechanical work, electrical ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 2415 PAGE 14 work, or plumbing work on any building or structure poses an immediate threat to the public health, safety or welfare, the building official may order the work halted and the building or structure vacated pending further action by the city and its legal counsel. Section 6. Authority to Disconnect Utilities in Emergencies. The building official or the building official’s authorized representative shall have the authority to disconnect fuel-gas utility service, or energy supplies to a building, structure, premises or equipment regulated by the code in case of emergency when necessary to eliminate an immediate hazard to life or property. The building official shall, whenever possible, notify the serving utility, the owner and occupant of the building, structure or premises of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or premises in writing of such disconnection immediately thereafter. Section 7. Connection After Order to Disconnect. Persons shall not make connections from an energy, fuel or power supply nor supply energy or fuel to any equipment regulated by the code which has been disconnected or ordered to be disconnected by the building official, or the use of which has been ordered to be discontinued by the building official, until the building official authorizes the reconnecting and use of such equipment. Section 8. Occupancy Violations. Whenever any building or structure or equipment is being used contrary to the provisions of the code, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use. Such person shall discontinue the use within the time prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of the code. Section 9. Appeals Process. When there is an appeal of a staff interpretation of the code during plan review or inspection, the aggrieved persons shall be notified of the provisions of ORS 455.475 and the following procedures: A. Plan Review. In an informal appeal of a plans examiner’s decision, the plans examiner shall refer the request and any related information to the building official who, in consultation with appropriate technical staff, shall review the request and make a final determination in writing to the applicant within 15 days. In an informal appeal of the building official’s decision, the request shall be forwarded to the State of Oregon, Building Codes Division staff person responsible for interpretations. Formal appeals shall be forwarded to the appropriate state board at the Building Codes Division for final action. The appeal shall be sent to the Department of Consumer Business Services, Building Codes Division accompanied by the required fee, a completed appeal form of the department, and justification for the request along with any supporting information. (ORS 455.690) B. Inspection. When there is an appeal of a field inspector’s interpretation of a particular code, the following process shall be used: 1. The field inspector shall refer the customer and related information to the building official. The building official, in consultation with appropriate technical staff, shall review the request and make a final decision in writing to the customer within 15 days. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 2415 PAGE 15 2. Formal appeals of the building official shall be forwarded to the appropriate state board for final action. The appeals shall be sent to the Department of Consumer Business Services, accompanied by the required fee, a completed appeal form of the department, and justification for the request along with any supporting information. (ORS 455.690) 3. In accordance with ORS 455.690, any person aggrieved by a final decision may, within 30 days after the date of the decision, appeal to the appropriate state advisory board as listed below: • Structural Code - Building Codes Structures Board • Mechanical Code - Mechanical Board • Residential Code - Residential Structures Board • Plumbing Code – Oregon State Plumbing Board • Electrical Code – Electrical & Elevator Board • Manufactured Home Installation Standard - Manufactured Structures & Parks Board. • Park & Camp Rules - Manufactured Structures & Parks Board C. Appeals of Board Decisions. Judicial review of the decision of advisory boards shall be available as provided in Oregon Revised Statutes Chapter 183. Section 10. Permits Not Transferable. A permit issued to one person or firm is not transferable and shall not permit any other person or firm to perform any work thereunder. Section 11. Suspension/Revocation. The building official may, in writing, suspend or revoke a permit issued under the provisions of the state building code whenever the permit is issued in error or on the bases of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of the code. Section 12. Inspections. It shall be the duty of the permit holder or his agent to request all necessary inspections in a timely manner, provide access to the site, and provide all necessary equipment as determined by the building official. The permit holder shall not proceed with the building construction until authorized by the building official. It shall be the duty of the permit holder to cause the work to remain accessible and exposed for inspection purposes. Any expense incurred by the permit holder to remove or replace any material required for proper inspection shall be the responsibility of the permit holder or his agent. Section 13. Fees. A. Fees for permits, inspections, plan checks, site plan review, copy costs, and such other fees that the City Council deems reasonable in order to administer this ordinance shall be set by ordinance or resolution. B. The building official may authorize the refunding of fees paid in accordance with the refund policy in effect. C. The determination of value or valuation under any provisions of the state building code shall be made by the building official. The value to be used in computing ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 2415 PAGE 16 the building permit and plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, hearing, air conditioning, elevators, fire-extinguishing systems and any other permanent or attached equipment. Section 14. Savings Clause. If any section, paragraph, subdivision, clause, sentence, or provisions of the ordinance shall be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of the ordinance. Section 15 Violations; Penalties; Remedies. A. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain a building or structure in the City, or cause the same to be done, contrary to or in violation of this Ordinance. B. No person shall install, alter, replace, improve, convert, equip or maintain any mechanical equipment or system in the City, or cause the same to be done contrary to or in violation of this Ordinance. C. No person shall install, alter, replace, improve, convert, equip or maintain any plumbing or drainage piping work or any fixture or water heating or treating equipment in the City, or cause the same to be done contrary to or in violation of this Ordinance. D. No person shall install, alter, replace, improve, convert, equip or maintain any electrical equipment or system in the City, or cause the same to be done contrary to or in violation of this Ordinance. E. Violation of a provision of this Ordinance shall be subject to a Civil Penalty not exceeding $5,000.00 for a single violation of $1,000.00 for continuing violations and shall be processed in accordance with the procedures set forth in this Ordinance. F. Each day that a violation of a provision of this Ordinance exists constitutes a separate violation. G. The penalties and remedies provided in this section are not exclusive and are in addition to all other penalties and remedies available to the City. H. Notwithstanding the other remedies in this Ordinance, if the Building Official determines that any building under construction, mechanical work, electrical work, or plumbing work on any building or any structure poses an immediate threat to the public health, safety or welfare, the Building Official may order the work halted and the building or structure vacated pending further action by the City and its legal counsel. (Section 15 as amended by Ordinance 2461 and adopted December 15, 2009) ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 2415 PAGE 17 Section 15A Building Official • Authority to Impose Administrative Civil Penalty. A. In addition to, and not in lieu of, any other enforcement mechanism authorized by this Ordinance, upon a determination by the Building Official that a person has violated a provision of this Ordinance, the Building Official may impose upon the violator and/or any other responsible person an administrative civil penalty as provided by this section. For purposes of this subsection, a responsible person includes the violator, and if the violator is not the owner of the building or property at which the violation occurs, may include the owner as well. B. Prior to imposing an administrative civil penalty under this section, the Building Official shall pursue reasonable attempts to secure voluntary correction, failing which the Building Official may issue a notice of civil violation to one or more of the responsible persons to correct the violation. Except where the Building Official determines that the violation poses an immediate threat to health, safety, environment, or public welfare, the time for correction shall be not less than five calendar days. C. Following the date or time by which the correction must be completed as required by an order to correct a violation, the Building Official shall determine whether such correction has been completed. If the required correction has not been completed by the date or time specified in the order, the Building Official may impose a civil penalty on each person to whom an order to correct was issued. D. Notwithstanding subsection above, the Building Official may impose a civil penalty without having issued an order to correct violation or made attempts to secure voluntary correction where the Building Official determines that the violation was knowing or intentional or a repeat of a similar violation. E. In imposing a penalty authorized by this section, the Building Official shall consider: 1. The person's past history in taking all feasible steps or procedures necessary or appropriate to correct the violation; 2. Any prior violations of statutes, rules, orders, and permits; 3. The gravity and magnitude of the violation; 4. Whether the violation was repeated or continuous; 5. Whether the cause of the violation was an unavoidable accident, negligence, or an intentional act; 6. The violator's cooperativeness and efforts to correct the violation; and 7. Any relevant provision of the Building Code or City Ordinance. F. The notice of civil penalty shall either be served by personal service or shall be sent by registered or certified mail and by first class mail. Any such notice served by mail shall be deemed received for purposes of any time computations hereunder three days ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 2415 PAGE 18 after the date mailed if to an address within this state, and seven days after the date mailed if to an address outside this state. A notice of civil penalty shall include: 1. Reference to the particular code provision or rule involved; 2. A short and plain statement of the matters asserted or charged; 3. A statement of the amount of the penalty or penalties imposed; 4. The date on which the order to correct was issued and time by which correction was to be made, or if the penalty is imposed pursuant to subsection a short and plain statement of the basis for concluding that the violation was knowing, intentional, or repeated; and 5. A statement of the party's right to appeal the civil penalty to the City Administrator or City Administrator’s designee. G. Any person who is issued a notice of civil penalty may appeal the penalty to the City Administrator or City Administrator's designee. The City Administrator's designee shall not be the Building Official or Building Inspector. H. A civil penalty imposed hereunder shall become final upon expiration of the time for filing an appeal, unless the responsible person appeals the penalty to the City Administrator or City Administrator's designee pursuant to, and within the time limits established by this Ordinance. If the responsible person appeals the civil penalty to the City Administrator or City Administrator's designee, the penalty shall become final, if at all; upon issuance of the City Administrator or City Administrator's designee's decision affirming the imposition of the administrative civil penalty. I. Each day the violator fails to remedy the violation shall constitute a separate violation. J. Failure to pay a penalty imposed hereunder within ten days after the penalty becomes final as provided in subsection shall constitute a violation of this Ordinance. Each day the penalty is not paid shall constitute a separate violation. The Building Official also is authorized to collect the penalty by any administrative or judicial action.The civil administrative penalty authorized by this section shall be in addition to: 1. Assessments or fees for any costs incurred by the City in remediation, cleanup, or abatement, and 2. Any other actions authorized by law. K. If an administrative civil penalty is imposed on a responsible person because of a violation of any provision of this Ordinance resulting from prohibited use or activity on real property, and the penalty remains unpaid 30 days after such penalty become final, the Building Official shall assess the property the full amount of the unpaid fine and ---PAGE BREAK--- ORDINANCE NO. 2415 PAGE 19 WOODBURN ORDINANCE COMPILATION BUILDING shall enter such an assessment as a lien in the docket of City liens. At the time such an assessment is made, the Building Official shall notify the responsible person that the penalty has been assessed against the real property upon which the violation occurred and has been entered in the docket of City liens. L. In addition to enforcement mechanisms authorized elsewhere in this Ordinance, failure to pay an administrative civil penalty imposed pursuant to subsection of this section shall be grounds for withholding issuance of requested permits or licenses, or revocation or suspension of any issued permits or certificates of occupancy. M. This Ordinance does not prohibit the City from charging an increased permit fee or investigation fee, seeking injunctive relief from a violation or taking any enforcement action that does not include a monetary penalty. (Section 15A as amended by Ordinance 2461 and adopted December 15, 2009) Section 15B Appeal Procedures. A. A person aggrieved by an administrative action of the Building Official taken pursuant to a section of this Ordinance authorizing an appeal under this section may, within 15 days after the date of notice of the action, appeal in writing to the City Administrator or City Administrator’s designee. The appeal shall state: 1. The name and address of the appellant; 2. The nature of the determination being appealed; 3. The reason the determination is incorrect; and 4. What the correct determination of the appeal should be. An appellant who fails to file such a statement within the time permitted waives the objections, and the appeal shall be dismissed. B. If a notice of revocation of a license or permit is the subject of the appeal, the revocation does not take effect until final determination of the appeal. Notwithstanding this paragraph, an emergency suspension shall take effect upon issuance of, or such other time stated in, the notice of suspension. C. Unless the appellant and the City agree to a longer period, an appeal shall be heard by the City Administrator or City Administrator's designee within 30 days of the receipt of the notice of intent to appeal. At least 10 days prior to the hearing, the City shall mail notice of the time and location thereof to the appellant. D. The City Administrator or City Administrator's designee shall hear and determine the appeal on the basis of the appellant's written statement and any additional evidence the City Administrator or City Administrator's designee deems ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING ORDINANCE NO. 2415 PAGE 10 appropriate. At the hearing, the appellant may present testimony and oral argument personally or by counsel. E. The City Administrator or City Administrator's designee shall issue a written decision within 10 days of the hearing date. The decision of the City Administrator or City Administrator's designee after the hearing is final. (Section 15B as amended by Ordinance 2461 and adopted December 15, 2009) Section 16. Repeal. Ordinance No. 2293 is hereby repealed. Section 17. [Emergency clause.] Passed by the Council December 11, 2006, and approved by the Mayor December 13, 2006. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING PAGE 1 ORDINANCE NO. 2445 ORDINANCE NO. 2445 AN ORDINANCE REQUIRING HABITABLE RENTAL HOUSING AND PROVIDING FOR ADMINISTRATION AND ENFORCEMENT. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Title. This Ordinance shall be known as the “Habitable Rental Housing Ordinance.” Section 2. Legislative Findings. A. The City Council finds that a safe, decent place to live is a basic necessity that enables families to meet other basic necessities and save for their future. B. The City Council further finds there are a growing number of residential rental properties within the City, and that many of these properties are in a declining state of maintenance. C. The City Council further finds that inadequate maintenance directly affects the health, life, safety and welfare of the residents of the City of Woodburn and impacts the health and vitality of the surrounding neighborhood and the City as a whole. D. The City Council further finds that it is necessary to adopt this Ordinance so that Rental Housing in the City is maintained in a good, safe, and sanitary condition and does not create a nuisance or blighted conditions to its surroundings. E. The City Council further finds that the adoption of this Ordinance is a reasonable method of insuring suitable housing, safe and viable neighborhoods and a healthy City. Section 3. Purpose. The purpose of this Ordinance is to provide minimum habitability criteria to safeguard health, property and public welfare of the Owners, occupants and users of residential rental buildings. Section 4. State of Oregon Residential Landlord and Tenant Act. This Ordinance is intended to supplement and not conflict with the habitability standards of the Oregon Residential Landlord and Tenant Act. Section 5. Scope. A. Except as described below, these standards shall apply to Rental Housing located within the City. B. Notwithstanding subsection 5A and consistent with the Oregon Residential Landlord and Tenant Act, the following are exempted from the application of this Ordinance: 1. Hotels, motels and lodging houses; ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION BUILDING PAGE 2 ORDINANCE NO. 2445 2. Hospitals and other medical facilities; 3. Nursing care facilities as defined in the Woodburn Development Ordinance; and 4. Group homes and group care facilities as defined in ORS Chapter 443. Section 6. Complaints. Complaints under this Ordinance will be initiated on a form provided by the City containing the following information: A. The name of the Person filing the complaint. B. The name of the Landlord. C. The address of the alleged violation. D. A description of the alleged violation. E. Where the Tenant is the Complainant, a certification that reasonable efforts were made to provide the Landlord with notice of the alleged violation. Section 7. Definitions. For purposes of this Ordinance, the following definitions shall apply: Dwelling Unit. A single unit providing complete independent living facilities for one or more Persons including provisions for living, sleeping, eating, cooking, and sanitation. For purposes of this Ordinance, where portions of a residential building are occupied under separate Rental Agreements, but tenants share eating, cooking, and/or sanitation facilities, each portion under a separate Rental Agreement shall be considered a Dwelling Unit. Enforcement Officer. A police officer, code enforcement officer or other city official authorized by the City Administrator to enforce this Ordinance. Landlord. The Owner, lessor, or sublessor of a Dwelling Unit or a party acting as an authorized agent of the Owner, lessor or sublessor. Owner includes a mortgagee in possession and means one or more Persons, jointly or severally, in whom is vested: all or part of the legal title to property; or all or part of the beneficial ownership and a right to present use and enjoyment of the premises. Person. Any natural Person, firm, partnership, association or corporation. Rental Agreement. All agreements, written or oral, concerning the use and occupancy of a Dwelling Unit and premises. ---PAGE BREAK--- PAGE 3 ORDINANCE NO. 2445 WOODBURN ORDINANCE COMPILATION BUILDING Rental Housing. A Dwelling Unit which is the subject of a Rental Agreement. Section 8. Maintenance of Dwelling Unit in Habitable Condition. A. A Landlord shall at all times during the tenancy maintain the Dwelling Unit in a habitable condition. For purposes of this section, a Dwelling Unit shall be considered unhabitable if it substantially lacks: 1. Effective waterproofing and weather protection of roof and exterior walls, including windows and doors; 2. Plumbing facilities which conform to applicable law in effect at the time of installation, and maintained in good working order; 3. A water supply approved under applicable law, which is: a. Under the control of the Tenant or Landlord and is capable of producing hot and cold running water; b. Furnished to appropriate fixtures; c. Connected to a sewage disposal system approved under applicable law; and d. Maintained so as to provide safe drinking water and to be in good working order to the extent that the system can be controlled by the Landlord; 4. Adequate heating facilities which conform to applicable law at the time of installation and maintained in good working order; 5. Electrical lighting with wiring and electrical equipment which conform to applicable law at the time of installation and maintained in good working order; 6. Buildings, grounds and appurtenances at the time of the commencement of the Rental Agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the Landlord kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin; 7. Except as otherwise provided by local ordinance or by written agreement between the Landlord and the Tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of the commencement of the Rental Agreement, and the Landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal; 8. Floors, walls, ceilings, stairways and railings maintained in good repair; ---PAGE BREAK--- PAGE 4 ORDINANCE NO. 2445 WOODBURN ORDINANCE COMPILATION BUILDING 9. Ventilating, air conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the Landlord; 10. Safety from fire hazards, including a working smoke alarm or smoke detector, with working batteries if solely battery-operated, provided only at the beginning of any new tenancy when the Tenant first takes possession of the premises, as provided in ORS 479.270, but not to include the Tenant's testing of the smoke alarm or smoke detector as provided in ORS 90.325 or 11. Working locks for all dwelling entrance doors, and, unless contrary to applicable law, latches for all windows, by which access may be had to that portion of the premises which the Tenant is entitled under the Rental Agreement to occupy to the exclusion of others and keys for such locks which require keys. Section 9. Abatement Notice. Whenever a violation of this Ordinance is found to exist within the corporate limits of the city and the Enforcement Officer elects to proceed by abatement, the Enforcement Officer shall give written notice, by a type of mail that requires a signed receipt, to the Landlord of the property upon which the violation exists. Section 10. Abatement. Upon receipt of the notice that a violation exists, the Landlord shall have thirty (30) days to abate the violation. Section 11. Notice Requirements. The notice to abate the violation shall contain the following: A. An order to abate the violation within thirty (30) days; B. The location of the violation; C. A description of what constitutes the violation; D. A statement that if the violation is not abated within the prescribed time, the City will seek civil penalties under this Ordinance; and E. A statement that a Person who is dissatisfied with the abatement notice has the right to judicial review under this Ordinance. Section 12. Request for Judicial Review. The Landlord may file a written request for judicial review in the Woodburn Municipal Court within ten (10) days of the date that the notice to abate was mailed. Section 13. Requirements for Request. The request for judicial review need not be in any particular form, but should substantially comply with the following requirements: A. Be in writing; B. Identify the place and nature of the alleged violation; ---PAGE BREAK--- PAGE 5 ORDINANCE NO. 2445 WOODBURN ORDINANCE COMPILATION BUILDING C. Specify the name and address of the Landlord seeking judicial review; and D. Identify the Enforcement Officer alleging that a violation exists. A copy of the request for judicial review shall be served on the Woodburn City Attorney’s office. Section 14. Scheduling of Judicial Review. A. The judicial review hearing shall be held within ten (10) days after the request for judicial review is made. The day may be postponed by: 1. Agreement of the parties; or 2. Order of the court for good cause. B. After a hearing is scheduled, the court shall notify the parties as to the time and location of the hearing. Section 15. Judicial Review Hearing. At the judicial review hearing the City and the Landlord shall have the right to present evidence and witnesses and to be represented by legal counsel at their own expense. After due consideration of pertinent information and testimony, the court shall make its findings. The findings shall be based on substantial evidence and shall be final. Section 16. Notification of Violation. The Landlord shall be notified by a type of mail that requires a signed receipt postmarked no later than five days after the findings are entered by the court or by personal delivery by a representative of the City. Upon notification of violation, the Landlord shall have 30 days to abate the violation. Section 17. Enforcement. A. Inspection and Right of Entry. Whenever the Enforcement Officer has reasonable cause to suspect a violation of any provision of this Ordinance, the Enforcement Officer may enter on any site or into any structure for the purposes of investigation provided that no premises shall be entered without first attempting to obtain the consent of the Owner or person in control of the premises if other than the Owner. If consent cannot be obtained, the Enforcement Officer shall secure a search warrant before further attempts to gain entry, and shall have recourse to every other remedy provided by law to secure entry. B. Civil Infraction. In addition to, and not in lieu of any other enforcement mechanisms, a violation of any provision of this Ordinance constitutes a Class I Civil Infraction which shall be processed according to the procedures contained in the Woodburn Civil Infraction Ordinance. C. Civil Proceeding Initiated by City Attorney. The City Attorney, after obtaining authorization from the City Council, may initiate a civil proceeding on behalf of the city to enforce the provisions of this Ordinance. This civil proceeding may include, ---PAGE BREAK--- PAGE 6 ORDINANCE NO. 2445 WOODBURN ORDINANCE COMPILATION BUILDING but is not limited to, injunction, mandamus, abatement, or other appropriate proceedings to prevent, temporarily or permanently enjoin or abate any violations of this Ordinance. Section18. Prohibition on Retaliatory Conduct by Landlord. No Landlord may terminate a tenancy, increase rent, decrease services or refuse to renew a lease or tenancy because a Tenant has in good faith: A. Filed a complaint under this Ordinance; or B. Requested the Landlord to make repairs to a premises as required by this Ordinance; or C. Provided information or testified in any proceeding involving the enforcement of this Ordinance. Section 19. Separate Offenses. Each day during which a violation of this Ordinance continues shall constitute a separate offense for which a separate penalty may be imposed. Section 20. Severability. If any section, paragraph, subdivision, clause, sentence, or provisions of this Ordinance shall be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of the title, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved in the controversy in which such judgment or decree shall be rendered, it being the intent of the governing body to enact the remainder of this Ordinance notwithstanding the parts to be declared unconstitutional and invalid. Passed by the Council September 8, 2008 and approved by the Mayor September 10, 2008. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 1101 PAGE 1 ORDINANCE NO. 1101 AN ORDINANCE GRANTING A REVOCABLE PERMIT TO PACIFIC NORTHWEST BELL TELEPHONE COMPANY TO INSTALL, MAINTAIN, AND OPERATE PUBLIC TELEPHONE BOOTHS AT VARIOUS LOCATIONS ON CITY PROPERTY AND CITY STREETS. THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN: Section 1. A revocable permit is hereby granted to the Pacific Northwest Bell Telephone Company, its successors and assigns, to install, maintain, and operate public telephone booths at various locations on city property and city streets in the city of Woodburn on the following terms: Location of booths. Sites for the location or relocation of telephone booths shall be selected by the permittee, subject to the approval of the common council of the city of Woodburn. Installation and maintenance. The permittee shall bear the entire cost of installation, maintenance, relocation, and removal of every telephone booth installed under this permit. Commissions. The permittee shall pay to the City of Woodburn a commission equal to 15 per cent of the net contents of the coin box of each public telephone installed hereunder, after deduction for applicable excise taxes. After this permit becomes effective, such commissions shall be paid to the city semiannually. Electricity. With approval of the common council of the city of Woodburn and Portland General Electric Company, its successors and assigns, the permittee, where feasible, may interconnect with electric service furnished to the city. Removal of booth. Upon 30 days' notice, the city, for cause, may require the permittee to remove or relocate any telephone booth installed hereunder. The permittee on its own initiative may remove any telephone booth any time, but shall restore the surface to good condition and safe for public use, considering the nature and location of the property. Termination of permit. This permit may be revoked by the council, or operations hereunder may be discontinued voluntarily by the permittee, only after 30 days' notice. In event of such termination, the permittee shall remove all installations hereunder within 90 days and in compliance with provisions of subsection hereof. Section 2. The permit granted by this ordinance is subject to the condition that permittee, its successors and assign, forever will indemnify and save the city of Woodburn, its officers, agents, and employees harmless from and against any and all liability, loss, cost, damage, and expense, and any and all claims for injury or death to persons and damage to property, directly or indirectly arising from the installation, maintenance, or operation of telephone booths under this permit. The city shall ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO.1101 PAGE 2 notify the permittee upon receipt of any claim or demand against which it is, or may be, held harmless by the permittee under this indemnification. As evidenced by its written acceptance of the terms and conditions and agrees that the within permit is granted only upon, and constitutes consideration for, this indemnification. Section 3. This ordinance is not operative until permittee has filed with the city recorder a written acceptance of all terms and conditions contained herein, signed by an authorized official of said corporation, and approved as to form by the city attorney. Passed by the Council and approved by the Mayor July 21, 1964. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 1885 PAGE 1 ORDINANCE NO. 1885 AN ORDINANCE ESTABLISHING A CABLE TELEVISION RATE SCHEDULE PURSUANT TO ORDINANCES NO. 1766 AND 1784, AND DECLARING AN EMERGENCY. [Whereas clause.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That after the conclusion of a public hearing, having duly considered the information and testimony presented, the Woodburn City Council hereby adopts the rate proposed by the franchisee, Northland Communications Corporation, Inc., as set out in its petition dated June 4, 1984, which is attached hereto as Exhibit and by this reference incorporated herein.* Section 2. That pursuant to the applicable ordinances this rate change is effective 90 days from the date of said petition. Section 3. [Amends Section 15 of Ord. No. 1784, Comp. 11-12.] Section 4. [Emergency clause.] Passed by the Council and approved by the Mayor August 17, 1984. * Exhibit is on file with the original ordinance and is available for inspection at City Hall. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2028 PAGE 1 ORDINANCE NO. 2028 AN ORDINANCE IMPOSING A MOTOR VEHICLE FUEL TAX ON MOTOR VEHICLE FUEL DEALERS, PROVIDING FOR ADMINISTRATION, ENFORCEMENT AND COLLECTION OF THE TAX, AND IMMEDIATELY REFERRING SAID ORDINANCE TO THE ELECTORS OF THE CITY OF WOODBURN. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Title: This ordinance shall be known as the "City of Woodburn Motor Vehicle Fuel Tax Ordinance. Section 2. Definitions. As used in this ordinance, unless the context requires otherwise: "Aircraft Fuel" means any gasoline and other inflammable or combustible gas or liquid by whatever name such as gasoline, gas or liquid is known or sold, usable as fuel for the operation of aircraft, except gas or liquid, the chief use of which, as determined by the City is for purposed other than the propulsion of aircraft. "Authorized Agent" any person or agency that has been given authority to implement a portion of this ordinance. "City" means City of Woodburn, a municipal corporation of the State of Oregon. "Dealer" means any person who: Supplies or imports motor vehicle fuel for sale, use or distribution in, and after the same reaches the City, but "dealer" does not include any person who imports into the City motor vehicle fuel in quantities of 500 gallons or less purchased from a supplier who is permitted as a dealer hereunder and who assumes liability for the payment of the applicable motor vehicle fuel tax to the City; or Produces, refines, manufactures or compounds motor vehicle fuels in the City for use, distribution or sale in the City; or Acquires in the City for sale, use or distribution in the City motor vehicle fuels with respect to which there has been no motor vehicle fuel tax previously incurred. "Motor Vehicle Fuel-Handler" means any person who acquires or handles motor vehicle fuel within the City through a storage tank facility with storage tank capacity that exceeds 500 gallons of motor vehicle fuel. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2028 PAGE 2 "Distributor" means, in addition to its ordinary meaning, the deliverer of motor vehicle fuel by a dealer to any service station or into any tank, storage facility or series of tanks or storage facilities connected by pipelines, from which motor vehicle fuel is withdrawn directly for sale or for delivery into the fuel tanks or motor vehicles whether or not the service station, tank or storage facility is owned, operated or controlled by the dealer. "Highway" means every way, thoroughfare and place of whatever nature, open for use of the public for the purpose of vehicular travel. "Motor Vehicle" means all vehicles, engines or machines, moveable or immovable, operated or propelled by the use of motor vehicle fuel. "Motor Vehicle Fuel" means and includes gasoline, diesel, mogas, methanol, and any other flammable or combustible gas or liquid, by whatever name such gasoline, diesel, mogas, methanol, gas or liquid is known or sold, usable as fuel for the operation of motor vehicles, except gas, diesel, mogas, methanol, or liquid, the chief use of which, as determined by the City, is for purposes other than the propulsion of motor vehicles upon the highways. Propane fuel and motor vehicle fuel used exclusively as a structural heating source are excluded as a taxable motor vehicle fuel. "Person" includes every natural person, association, firm, partnership, or corporation. "Service Station" means and includes any place operated for the purpose of retailing and delivering motor vehicle fuel into the fuel tanks of motor vehicles. "State" means State of Oregon. Section 3. Tax Imposed. A motor vehicle fuel tax is hereby imposed on every dealer operating within the corporate limits of Woodburn. The City of Woodburn motor vehicle fuel tax imposed shall be paid to the City or to its authorized agent. A person who is not a permitted dealer or permitted motor vehicle fuel- handler shall not accept or receive motor vehicle fuel in this City from a person who supplies or imports motor vehicle fuel who does not hold a valid motor vehicle fuel dealers permit in this City. If a person is not a permitted dealer or permitted motor vehicle fuel- handler in this City and accepts or receives motor vehicle fuel, the purchaser or receiver shall be responsible for all taxes, interests and penalties prescribed herein. A permitted dealer or fuel-handler who accepts or receives motor vehicle fuel from a person who does not hold a valid dealer or fuel-handler permit in this City, shall pay the tax imposed by this Ordinance to the City or its authorized agent, upon the sale, use or distribution of the motor vehicle fuel. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2028 PAGE 3 Section 4. Amount and Payment. Subject to subsections and of this section, by law, every dealer engaging in his own name, or in the name of others, or in the name of his representatives or agents in the City, in the sale, use or distribution of motor vehicle fuel, shall: Not later than the 25th day of each calendar month, render a statement to the City or to its authorized agent, of all motor vehicle fuel sold, used or distributed by him in the City as well as all such fuel sold, used or distributed in the City by a purchaser thereof upon which sale, use or distribution the dealer has assumed liability for the applicable motor vehicle fuel tax during the preceding calendar month. Pay a motor vehicle fuel tax computed on the basis of one (1.0) cent per gallon of such motor vehicle fuel so sold, used or distributed as shown by such statement in the manner and within the time provided in this ordinance. In lieu of claiming refund of the tax as provided in Section 20, or of any prior erroneous payment of motor vehicle fuel tax made to the City by the dealer, the dealer may show such motor vehicle fuel as a credit or deduction on the statement and payment of tax. The motor vehicle fuel tax shall not be imposed wherever it is prohibited by the Constitution or laws of the United States or of the State of Oregon. Section 5. Permit Requirements. No dealer or fuel handler, shall sell, use or distribute any motor vehicle fuel until he has secured a dealer or fuel-handler permit as required herein. Section 6. Permit Applications and Issuance. Every person, before becoming a dealer or fuel handler in motor vehicle fuel in this City shall make an application to the City or its duly authorized agent, for a permit authorizing such person to engage in business as a dealer or fuel-handler. Applications for the permit must be made on forms prescribed, prepared and furnished by the City or its duly authorized agent. The applications shall be accompanied by a duly acknowledged certificate containing: The business name under which the dealer or fuel-handler is transacting business. The place of business and location of distributing stations in the City and in areas adjacent to the City limits in the State of Oregon. ---PAGE BREAK--- ORDINANCE NO. 2028 PAGE 4 WOODBURN ORDINANCE COMPILATION FRANCHISES The name and address of the managing agent, the names and addresses of the several persons constituting the firm or partnership and, if a corporation, the corporate name under which it is authorized to transact business and the names and addresses of its principal officers and registered agent, as well as primary transport carrier. The application for a motor vehicle fuel dealer or fuel-handler permit having been accepted for filing, the City or its authorized agent, shall issue to the dealer or fuel-handler a permit in such form as the City or its duly authorized agent may prescribe to transact business in the City. The permit so issued is not assignable, and is valid only for the dealer or fuel handler in whose name issued. The City Recorder's Office shall keep on file a copy of all applications and/or permits. No fee(s) shall be charged by the City for securing said permit as described herein. Section 7. Failure to Secure Permit. If any dealer sells, distributes or uses any motor vehicle fuel without first filing the certificate and securing the permit required by Section 6, the motor vehicle fuel tax shall immediately be due and payable on account of all motor vehicle fuel so sold, distributed or used. The City shall proceed forthwith to determine, from the best available sources, the amount of such tax, and it shall assess the tax in the amount found due, together with a penalty of 200 percent of the tax, and shall make its certificate of such assessment and penalty, determined by City Administrator or the City's duly authorized agent. In any suit or proceeding to collect such tax or penalty or both, the certificate is prima facie evidence that the dealer therein named is indebted to the City in the amount of the tax and penalty therein stated. Any fuel-handler who sells, handles, stores, distributes, or uses any motor vehicle fuel without first filing the certificate and securing the permit required by Section 6, shall be assessed a penalty of $250.00 unless modified by Section 27, Subsection determined by the City Administrator or the City's duly authorized agent. In any suit or proceeding to collect such penalty, the certificate is prima facie evidence that the fuel- handler therein named is indebted to the City in the amount of the penalty therein stated. Any tax or penalty so assessed may be collected in the manner prescribed in Section 11 with reference to delinquency in payment of the tax or by Court action. ---PAGE BREAK--- ORDINANCE NO. 2028 PAGE 5 WOODBURN ORDINANCE COMPILATION FRANCHISES Section 8. Revocation of Permit. The City or its authorized agent shall revoke the permit of any dealer or fuel-handler refusing or neglecting to comply with any provision of this Ordinance. The City or its authorized agent shall mail by certified mail addressed to such dealer or fuel-handler at his last known address appearing on the files, a notice of intention to cancel. The notice shall give the reason for the cancellation. The cancellation shall become effective without further notice if within 10 days from the mailing of the notice the dealer or fuel-handler has not made good its default or delin- quency. Section 9. Cancellation of Permit. The City or its authorized agent may, upon written request of a dealer or fuel-handler cancel any permit issued to such dealer or fuel-handler, the cancellation to become effective 30 days from the date of receipt of the written request. If the City or its authorized agent ascertains and finds that the person to whom a permit has been issued is no longer engaged in the business of a dealer or fuel- handler, the City or its authorized agent may cancel the permit of such dealer or fuel- handler upon investigation after 30 days' notice has been mailed to the last known address of the dealer or fuel handler. Section 10. Remedies Cumulative. Except as otherwise provided in Sections 11 and 13, the remedies provided in Sections 7, 8, and 9 are cumulative. No action taken pursuant to those sections shall relieve any person from the penalty provisions of this Ordinance. Section 11. Payment of Tax and Delinquency. The motor vehicle fuel tax imposed by Sections 3 and 4 shall be paid on or before the 25th day of each month to the City or its authorized agent which, upon request, shall receipt the dealer or fuel-handler therefor. Except as provided in subsection of this Section, to any motor vehicle fuel tax not paid as required by subsection of this Section, there shall be added a penalty of one percent of such motor vehicle fuel tax. Except as provided in subsection of this Section, if the tax and penalty required by subsection of this section are not received on or before the close of business on the last day of the month in which the payment is due, a further penalty of ten percent (10.0%) shall be paid in addition to the penalty provided for in subsection of this Section. If the City or its authorized agent, determines that the delinquency was due to reasonable cause and without any intent to avoid payment, the penalties provided by subsections and of this Section may be waived. Penalties imposed by this Section shall not apply when the penalty provided in Section 7 has been assessed and paid. ---PAGE BREAK--- ORDINANCE NO. 2028 PAGE 6 WOODBURN ORDINANCE COMPILATION FRANCHISES If any person fails to pay the motor vehicle fuel tax or any penalty provided for by this Ordinance, the amount thereof shall be collected from such person for the use of the City. The City shall commence and prosecute to final determination in any court of competent jurisdiction an action to collect the same. In the event any suit or action is instituted to collect the motor vehicle fuel tax or any penalty provided for by this ordinance, the City shall be entitled to recover from the person sued reasonable attorney's fees at trial or upon appeal of such suit or action, in addition to all other sums provided by law. No dealer who collects from any person the tax provided for herein, shall knowingly and willfully fail to report and pay the same to the City or its authorized agent, as required herein. Section 12. Statement of Dealer and Fuel-Handler. Unless modified by Section 27 Subsection every dealer and fuel-handler in motor vehicle fuel shall render to the City or its authorized agent, on or before the 25th day of each month, on forms prescribed, prepared and furnished by the City or its authorized agent, a signed statement of the number of gallons of motor vehicle fuel sold, distributed, used or stored by him during the preceding calendar month. The statement shall be signed by the permit holder. All statements as required in this section are public records. Section 13. Failure to File Statement. If any dealer or fuel-handler fails to file the report required by Section 12, the City or its authorized agent, shall proceed forthwith to determine from the best available sources the amount of motor vehicle fuel sold, distributed, used or stored by such dealer or fuel-handler for the period unreported, and such determination shall be prima facie evidence of the amount of such fuel sold, distributed, used or stored. The City or its authorized agent, immediately shall assess the motor vehicle fuel tax in the amount so determined, as pertaining to the reportable dealer, adding thereto a penalty of 10 percent for failure to report. Fuel-handlers failing to file a statement of motor vehicle fuel shall be assessed a penalty of $50.00. The penalty shall be cumulative to other penalties provided in this Ordinance. In any suit brought to enforce the rights of the City under this section, the above determination showing the amount of tax, penalties and costs unpaid by any dealer or fuel-handler and that the same are due and unpaid to the City or its authorized agent is prima facie evidence of the facts as shown. Section 14. Billing Purchasers. Bills shall be rendered to all purchasers of motor vehicle fuel by dealers in motor vehicle fuel. The bills shall separately state and describe to the satisfaction of the City or its authorized agent the different products shipped thereunder and shall be serially numbered except where other sales invoice controls acceptable to the City or its authorized agent are maintained. The bills required hereunder may be the same as those required under ORS 319.210. ---PAGE BREAK--- ORDINANCE NO. 2028 PAGE 7 WOODBURN ORDINANCE COMPILATION FRANCHISES Section 15. Failure to Provide Invoice or Delivery Tag. No person shall receive and accept any shipment of motor vehicle fuel from any dealer, or pay for the same, or sell or offer the shipment for sale, unless the shipment is accompanied by an invoice or delivery tag showing the date upon which shipment was delivered and the name of the dealer in motor vehicle fuel. Section 16. Transporting Motor Vehicle Fuel in Bulk. Every person operating any conveyance for the purpose of hauling, transporting or delivering motor vehicle fuel in bulk shall, before entering upon the public highways of the City with such conveyance, have and possess during the entire time of his hauling or transporting such motor vehicle fuel an invoice, bill of sale or other written statement showing the number of gallons, the true name and address of the seller or consignor, and the true name and address of the buyer or consignee, if any, of the same. The person hauling such motor vehicle fuel shall at the request of any officer authorized by the City to inquire into or investigate such matters, produce and offer for inspection the invoice, bill of sale or other statement. Section 17. Exemption of Export Fuel. The license tax imposed by Sections 3 and 4 shall not be imposed on motor vehicle fuel: Exported from the City by a dealer; or Sold by a dealer in individual quantities of 500 gallons or less for export by the purchaser to an area or areas outside the City in containers other than the fuel tank of a motor vehicle, but every dealer shall be required to report such exports and sales to the City or its authorized agent in such detail as may be required. In support of any exemption from motor vehicle fuel taxes claimed under this section other than in the case of stock transfers or deliveries in his own equipment, every dealer must execute and file with the City or its authorized agent an export certificate in such form as shall be prescribed, prepared and furnished by the City or its authorized agent, containing a statement, made by some person having actual knowledge of the fact of such exportation, that the motor vehicle fuel has been exported from the City, and giving such details with reference to such shipment as may be required. The City or its authorized agent may demand of any dealer such additional data as is deemed necessary in support of any such certificate, and failure to supply such data will constitute a waiver of all right to exemption claimed by virtue of such certificate. The City or its authorized agent may, in a case where it believes no useful purpose would be served by filing of an export certificate, waive the certificate. Any motor vehicle fuel carried from the City in the fuel tank of a motor vehicle shall not be considered as exported from the City. ---PAGE BREAK--- ORDINANCE NO. 2028 PAGE 8 WOODBURN ORDINANCE COMPILATION FRANCHISES No person shall, through false statement, trick or device, or otherwise, obtain motor vehicle fuel for export as to which the City motor vehicle fuel tax has not been paid and fail to export the same, or any portion thereof, or cause the motor vehicle fuel or any portion thereof not to be exported, or divert or cause to be diverted the motor vehicle fuel or any portion thereof to be used, distributed or sold in the City and fail to notify the City or its authorized agent and the dealer from whom the motor vehicle fuel was originally purchased of his act. No dealer or other person shall conspire with any person to withhold from export, or divert from export or to return motor vehicle fuel to the City for sale or use so as to avoid any of the fees imposed herein. In support of any exemption from taxes on account of sales of motor vehicle fuel in individual quantities of 500 gallons or less for export by the purchaser, the dealer shall retain in his files for at least three years an export certificate executed by the purchaser in such form and containing such information as is prescribed by the City or its authorized agent. This certificate shall be prima facie evidence of the exportation of the motor vehicle fuel to which it applies only if accepted by the dealer in good faith. Section 18. Sales to Armed Forces Exempted. The motor vehicle fuel tax imposed by Sections 3 and 4 shall not be imposed on any motor vehicle fuel sold to the Armed Forces of the United States for use in ships, aircraft or for export from the City; but every dealer shall be required to report such sales to the City or its authorized agent, in such detail as may be required. A certificate by an authorized officer of such Armed Forces shall be accepted by the dealer as sufficient proof that the sale is for the purpose specified in the certificate. Section 19. Fuel in Vehicles Coming Into City Not Taxed. Any person coming into the City in a motor vehicle may transport in the fuel tank of such vehicle motor vehicle fuel for his own use only and for the purpose of operating such motor vehicle without securing a license or paying the tax provided in Sections 3 and 4, or complying with any of the provisions imposed upon dealers herein, but if the motor vehicle fuel so brought into the City is removed from the fuel tank of the vehicle or used for any purpose other than the propulsion of the vehicle, the person so importing the fuel into the City shall be subject to all provisions herein applying to dealers. Section 20. Refunds. Refunds will be made pursuant to ORS. 319.280 to 319.320. Section 21. Examination and Investigations. The City, or its duly authorized agent, may make any examination of accounts, records, stocks, facilities and equipment of dealers, fuel-handlers, service stations and other persons engaged in storing, selling or distributing motor vehicle fuel or other petroleum products within this City, and such other investigations as it considers necessary in carrying out the provisions of this ordinance. If the examinations or investigations disclose that any reports of dealers or other persons theretofore filed with the City or its authorized agent pursuant to the requirements herein, have shown incorrectly the amount of gallons of motor vehicle fuel distributed or the tax accruing thereon, the City or its authorized ---PAGE BREAK--- ORDINANCE NO. 2028 PAGE 9 WOODBURN ORDINANCE COMPILATION FRANCHISES agent may make such changes in subsequent reports and payments of such dealers or other persons, or may make such refunds, as may be necessary to correct the errors by its examinations or investigations. Section 22. Limitation on Credit for or Refund of Overpayment and on Assessment of Additional Tax. Except as otherwise provided in this ordinance, any credit for erroneous overpayment of tax made by a dealer taken on a subsequent return or any claim for refund of tax erroneously overpaid filed by a dealer must be so taken or filed within three years after the date on which the overpayment was made to the City or to its authorized agent. Except in the case of a fraudulent report or neglect to make a report, every notice of additional tax proposed to be assessed under this ordinance shall be served on dealers within three years from the date upon which such additional taxes become due. Section 23. Examining Books and Accounts of Carrier Motor Vehicle Fuel. The City or its duly authorized agent may at any time during normal business hours examine the books and accounts of any carrier of motor vehicle fuel operating within the City for the purpose of checking shipments or use of motor vehicle fuel, detecting diversions thereof or evasion of taxes in enforcing the provisions of this ordinance. Section 24. Records to be Kept by Dealers and Fuel Handler. Every dealer and fuel- handler in motor vehicle fuel shall keep a record in such form as may be prescribed by the City or its authorized agent of all purchases, receipts, sales and distribution of motor vehicle fuel. The records shall include copies of all invoices or bills of all such sales and purchases, and shall at all times during the business hours of the day be subject to inspection by the City or its authorized officers or agents. Section 25. Records to be Kept Three Years. Every dealer and fuel-handler shall maintain and keep, for a period of three years, all records of motor vehicle fuel used, sold and distributed within the City by such dealer or fuel handler, together with stock records, invoices, bills of lading and other pertinent papers as may be required by the City or its authorized agent. In the event such records are not kept within the State of Oregon, the dealer shall reimburse the City or its duly authorized agents for all travel, lodging, and related expenses incurred in examining such records. The amount of such expenses shall be an additional tax imposed hereunder. Section 26. Use of Tax Revenues. The City Administrator shall be responsible for the disposition of the revenue from the tax imposed by this ordinance in the manner provided by this section. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2028 PAGE 10 For the purposes of this section, net revenue shall mean the revenue from the tax imposed by this ordinance remaining after providing for the cost of administrating the motor vehicle fuel tax to motor vehicle fuel dealers and any refunds and credits authorized herein. The program administration costs of revenue collection and accounting activities shall not exceed 10.5% for the first year, and 10% thereafter, of annual tax revenues. The net revenue shall be used only for the activities related to the construction, reconstruction, improvement, repair, maintenance of public highways, roads and streets within the City of Woodburn. Section 27. Administration. The City Administrator or his designate is responsible for administering this ordinance. In addition, the City Administrator may enter into an agreement with the Motor Vehicle Division of the Department of Transportation as an authorized agent for the implementation of certain sections of this ordinance. If the Motor Vehicles Division is chosen as an authorized agent of the City, then the modifications outlined below shall apply: The fuel handler's penalty of Section 7 Subsection shall be reduced to $100.00. And if the Division determines that the failure to obtain the permit was due to reasonable cause and without any intent to avoid obtaining a permit, then the penalty provided in Section 7 and this Subsection may be waived. The fuel handler's reporting requirements of Section 12 and 13 shall be waived. Section 28. Separability. If any portion of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. Section 29. Voter Referral. This ordinance shall be referred to the electors of the City of Woodburn at the September 19, 1989, special election. A copy of the ballot measure for this referral is attached hereto and by this reference incorporated herein. Section 30. Emergency Clause for Voter Referral. An emergency is declared to exist in regard to the referral of this matter to the voters and Section 29 of this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Section 31. Effective Date for Remainder of Ordinance. Excepting Section 29 regarding voter referral, the taxation imposed by this ordinance shall commence November 1, 1989, upon approval of a majority of the electors of the City of Woodburn at the special election of September 19, 1989. Passed by the Council and approved by the Mayor August 14, 1989. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2057 PAGE 1 ORDINANCE NO. 2057 AN ORDINANCE PROVIDING FOR A TRANSIENT OCCUPANCY TAX AND PROVIDING ADMINISTRATIVE PROCEDURES FOR COLLECTING SAID TAX. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. For purposes of this ordinance, the following mean: Accrual Accounting. A system of accounting in which the operator enters the rent due from a transient into the record when the rent is earned, whether or not it is paid. Cash Accounting. A system of accounting in which the operator does not enter the rent due from a transient into the record until the rent is paid. Hotel. A structure, any portion of a structure, or any space that is occupied or intended or designed for transient occupancy for thirty (30) days or less for dwelling, lodging or sleeping purposes; and including, but not limited to, any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, public or private dormitory, fraternity, sorority, rooming house, public or private club, space in a mobile home or trailer park, space in a recreational vehicle park, or other similar structure if the occupancy is for less than a 30-day period. Occupancy. The use or possession or right to the use or possession of a room or space in a "hotel" for lodging or sleeping purposes. Operator. A person who is a proprietor of a hotel in any capacity. When the operator performs his functions through a managing agent of a type or character other than an employee, the managing agent shall also be considered an operator and shall have the same duties and liabilities as his principal. Compliance with the provisions of this ordinance be either the principal or the managing agent shall be considered compliance by both. Person. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, fraternity, sorority, public or private dormitory, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unity. Rent. The consideration charged for the occupancy of space in a hotel as that term is defined by this Ordinance. (Section 1(7) as amended by Ordinance 2419 dated May 14, 2007.) ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2057 PAGE 2 Rent Package Plan. The consideration charged for both food and rent when a single rate is made for the total of both. The amount applicable to rent for determination of the transient occupancy tax shall be the same charge made for rent when it is not a part of a package plan. Tax. The tax payable by the transient or the aggregate amount of taxes due from an operator during the period for which he is required to report his collections. (10) Tax Administrator. The Finance Director or designee. (11) Transient. An individual who exercises occupancy for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. The day a transient checks out of the hotel shall not be included in determining the 30-day period if the transient is not charged rent for that day by the operator. An individual occupying space in a hotel shall be transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. A person who pays for lodging on a basis, irrespective of the number of days in such month, shall not be deemed a transient. Section 2. Imposition of Tax. For the privilege of occupancy in a hotel, a transient shall pay a tax in the amount of nine percent of the rent charged by the operator. The tax constitutes a debt owned by the transient to the City, and the debt is extinguished only when the tax is remitted by the operator to the City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. The operator shall enter the tax into the records when rent is collected if the operator keeps his records on the accrual accounting basis. If rent is paid in installments, a proportionate share of the tax shall be paid by the transient to the operator with each installment. If for any reason the tax due is not paid to the operator of the hotel, the tax administrator may require that the tax be paid directly to the City. In all cases, the rent paid or charged for occupancy shall exclude the sale of any goods, services and commodities other than the furnishing of rooms, accommodations, and parking space in mobile home parks, trailer parks or recreation vehicle parks. (Section 2 as amended by Ordinance 2290 dated June 11, 2001.) Section 3. Rules for Collection of Tax by Operator. Every operator renting space for lodging or sleeping, the occupancy of which is not exempted under terms of this ordinance, shall collect a tax from the occupant. The tax collected or accrued constitutes a debt owned by the operator to the City. In cases of credit or deferred payment of rent, the payment of tax to the operator may be deferred until the rent is paid, and the operator shall not be liable for the tax until credits are paid or deferred payments are made. Adjustments may be made for uncollectible accounts. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2057 PAGE 3 The tax administrator shall enforce this ordinance and may adopt rules and regulations necessary for enforcement. For rent collected on portions of a dollar, fractions of a penny of tax shall not be remitted. Section 4. Operator's Duties. An operator shall collect the tax when the rent is collected from the transient. The amount of tax shall be stated separately in the operator's records and on the receipt given by the operator. An operator shall not advertise that the tax will not be added to the rent, that portion of it will be assumed or absorbed by the operator, or that a portion will be refunded, except in the manner provided by this ordinance. The operator shall pay the tax to this city as imposed by this ordinance as provided for in Section 8 of this ordinance. Section 5. Exemptions. The tax shall not be imposed on: An occupant staying for more that 30 consecutive days. A person who rents a private home, vacation cabin or similar facility from an owner who personally rents the facility incidentally to the owner's personal use. Any occupant who rent is paid for a hospital room or stay in a medical clinic, convalescent home or home for aged people. Any occupant whose rent is of a value less than $2.00 per day. Employees, officials or agents of the U.S. Government occupying a hotel in the course of official business. (Section 5(5) as amended by Ordinance 2419 dated May 14, 2007.) Section 6. Operator's Registration. An operator of a hotel shall possess a valid business registration in accordance with the requirements of Ordinance 2399. Failure to register does not relieve the operator from collecting the tax imposed by this ordinance, or a person from paying said tax. Section 7. Certificate of Authority. The tax administrator shall, within 10 days after registration, issue without charge a certificate of authority to each registrant to collect the tax from the occupant, together with a duplicate for each additional place of business of each registrant. Certificates are nonassignable and nontransferable and shall be surrendered immediately to the tax administrator on the cessation of business at the location named or on the sale or transfer of the business. Each certificate and duplicate shall state the place of business to which it is applicable and shall be ---PAGE BREAK--- ORDINANCE NO. 2057 PAGE 4 WOODBURN ORDINANCE COMPILATION FRANCHISES prominently displayed so as to be seen by all occupants and persons seeking occupancy. The certificate shall state: The name of the operator. The address of the hotel. The date on which the certificate was issued. This Transient Occupancy Registration Certificate signifies that the person named has fulfilled the requirements of the Transient Occupancy Tax Ordinance of the City of Woodburn by registering with the tax administrator for the purpose of collecting from transients the occupancy tax imposed by the City and remitting the tax to the tax administrator. This certificate does not authorize any person to operate a hotel without strictly complying with all local applicable laws including, but not limited to, those requiring a permit from any board, commission, department or office of the City of Woodburn. This certificate does not constitute a permit. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner. Section 8. Collections, Returns and Payments. The tax shall be paid by the transient to the operator at the time that rent is paid. The taxes collected by the operator are due and payable to the tax administrator on a calendar basis on the 15th day of the month for the preceding month and are delinquent on the last day of the month in which they are due. On or before the 15th day of the month following each month of collection, a return for the preceding month's tax collections shall be filed with the tax administrator. The return shall be filed on a form prescribed by the tax administrator. Returns shall show the amount of tax collected or otherwise due for the related period. The tax administrator may require returns to show the total rentals on which tax was collected or is due, gross receipts of the operator for the period, an explanation in detail of any discrepancy between the amounts, and the amounts of rents exempt. The operator is entitled to withhold ten percent (10.0%) of the tax due to cover the administrative expense of collecting and remitting the tax. This deduction shall be so noted in the appropriate place on the return form. The operator shall deliver the return and the tax due the City to the tax administrator's office either by personal delivery or by mail. If the return is by mail, the postmark shall be considered the date of delivery for determining delinquencies. ---PAGE BREAK--- ORDINANCE NO. 2057 PAGE 5 WOODBURN ORDINANCE COMPILATION FRANCHISES For good cause, the tax administrator may extend the time for filing a return or paying the tax for not more than one month. No further extensions shall be granted except by the Council. An operator to whom an extension is granted shall pay interest at the rate of one percent per month on the amount of tax due, without proration for a fraction of a month. If a return is not filed, the tax and interest due are not paid by the end of the extension, the interest shall become part of the tax computation of penalties described in Section 9. The tax administrator may require returns and payment of the amount of taxes for other than period in individual cases to ensure payment or to facilitate collection by the City. Section 9. Delinquency Penalty. An operator who has not been granted an extension of time for remittance of tax due and who fails to remit the tax prior to delinquency shall pay a penalty of ten percent (10%) of the tax due in addition to the tax. An operator who has not been granted an extension of time for remittance of tax due and who fails to pay a delinquent remittance before the expiration of 31 days following the date on which the remittance became delinquent shall pay a second delinquency penalty of fifteen percent (15%) of the tax due, the amount of the tax, and the ten percent (10%) penalty first imposed. If the tax administrator determines that non payment of a remittance is due to fraud or intent to evade the tax, a penalty of twenty-five percent (25%) of the tax shall be added to the penalties state in subsections and In addition to the penalties imposed by this section, an operator who fails to remit the required tax shall pay interest at the rate of one percent per month, without proration for portions of a month, on the tax due, exclusive of penalties, from the date on which the tax first became delinquent until paid. Each penalty imposed and the interest accrued under provisions of this section shall be merged with and become part of the tax required to be paid. An operator who fails to remit the tax within the required time may petition the tax administrator for waiver and refund of the penalty or a portion of it. The tax administrator may, if good cause is shown, direct a refund of the penalty or a portion of it. Section 10. Deficiency Determinations. In making a determination that the returns are incorrect, the tax administrator may determine the amount required to be paid on the basis of the facts contained in the return or on the basis of any other information. ---PAGE BREAK--- ORDINANCE NO. 2057 PAGE 6 WOODBURN ORDINANCE COMPILATION FRANCHISES Deficiency determination may be made on the amount due for one or more than one period. The determined amount shall be payable immediately on service of notice, after which the determined amount is delinquent. Penalties on deficiencies shall be applied as provided in Section 9. In making a determination, the tax administrator may offset overpayments that have been made against a deficiency for a subsequent period or against penalties and interest on the deficiency. The interest on the deficiency shall be computed as provided in Section 9. Section 11. Redemption Petition. A determination becomes payable immediately on receipt of notice and becomes final within 10 days after the tax administrator has given notice. However, the operator may petition for redemption and refund by filing a petition before the determination becomes final. Section 12. Fraud, Refusal to Collect, Evasion. If an operator fails or refuses to collect the tax, make the report, or remit the tax, or makes a fraudulent return or otherwise willfully attempts to evade the tax payment, the tax administrator shall obtain facts and information on which to base an estimate of the tax due. After determining the tax due and the interest and penalties, the tax administrator shall give notice of the total amount due. Determination and notice shall be made and mailed within three years after discovery of fraud, intent to evade, failure or refusal to collect the taxes, or failure to file a return. The determination becomes payable immediately on receipt of notice and becomes final 10 days after the tax administrator has given notice. The operator may petition for redemption and refund if the petition is filed before the determination becomes final. Section 13. Notice of Determination. The tax administrator shall give the operator a written notice of the determination. If notice is mailed it shall be addressed to the operator at the address that appears on the records of the tax administrator, and service is complete when the notice is deposited in the post office. Except in the case of fraud or intent to evade the tax, a deficiency determination shall be made and notice mailed within three years after the last day of the month following the close of the period for which the determination has been made or within three years after the return is filed, whichever is later. Section 14. Operator Delay If the tax administrator believes that collection of the tax will be jeopardized by delay, the tax administrator shall determine the tax to be collected and note facts concerning the delay on the determination. The determined amount is payable immediately after service of notice. After payment has been made, ---PAGE BREAK--- ORDINANCE NO. 2057 PAGE 7 WOODBURN ORDINANCE COMPILATION FRANCHISES the operator may petition for redemption and refund of the determination if the petition is filed within 10 days from the date of service of notice by the tax administrator. Section 15. Redetermination. An operator against whom a determination is made under Section 10, or a person directly interested, may petition for a redetermination, redemption and refund within the time required in Section 14. If a petition for redetermination refund is not filed within the time required, the determination is final on expiration of the allowable time. If a petition for redetermination and refund is filed within the allowable period, the tax administrator shall reconsider the determination and, if the operator requested a hearing in the petition, shall grant the hearing and give the operator 10 days notice of the time and place of the hearing. The tax administrator may continue the hearing if necessary. The tax administrator may change the amount of the determination as a result of the hearing. If an increase is determined, the increase is payable immediately after the hearing. The decision of the tax administrator on a petition for redetermination becomes final 10 days after service of notice on the petitioner unless appeal of the decision is filed with the City Council within 10 days after notice is served. A petition for redetermination or an appeal is not effective unless the operator has complied with the payment provisions. Section 16. Security for Collection of Tax. The tax administrator may require an operator to deposit security in the form of cash, bond or other security. The amount of security shall be fixed by the tax administrator, but shall not be greater than twice the operator's estimated average liability for the period for which the operator files returns or $5,000, whichever amount is less. The amount of the security may be increased or decreased by the tax administrator, subject to the limitations of this subsection. Within three years after any amount of the tax becomes due and payable or within three years after any determination becomes final, the tax administrator may bring an action in the courts of this state, or any other state, or of the United States in the name of the city to collect the amount delinquent, together with penalties and interest. Section 17. Liens The tax, interest, penalty, and filing fees paid to the tax administrator any advertising costs incurred when the tax becomes delinquent shall be a lien from the date of its recording with the County Clerk of Marion County, Oregon until the tax is ---PAGE BREAK--- ORDINANCE NO. 2057 PAGE 8 WOODBURN ORDINANCE COMPILATION FRANCHISES paid. The lien shall be superior to all subsequently recorded liens on all tangible personal property in the operator's hotel. The lien may be foreclosed and the necessary property may be sold to discharge the lien. Notice of the lien shall be issued by the tax administrator when the operator has defaulted in payment of the tax, interest and penalty. A copy of the notice shall be sent by certified mail to the operator. Personal property subject to the lien may be sold at public auction after 10 days notice in a newspaper of general circulation in the city. A lien for the tax, interest and penalty shall be released by the tax administrator when the full amount has been paid to the city. The operator or person making the payment shall receive a receipt stating that the full amount of the tax, interest and penalty has been paid, that the lien is released and that the record of the lien is satisfied. Section 18. Refunds by City to Operator. When the tax, penalty or interest has been paid more than once or has been erroneously or illegally collected or received by the tax administrator, it may be refunded if a written verified claim stating the specific reason for the claim is filed within three years form the date of payment. The claim shall be submitted on forms provided by the tax administrator. If the claim is approved, the excess amount may be refunded to the operator or it may be credited to an amount payable by the operator and any balance refunded. Section 19. Refunds by City to Transient. If the tax has been collected by the operator and deposited with the tax administrator and it is later determined that the tax was erroneously or illegally collected or received by the tax administrator, it may be refunded to the transient if a written verified claim stating the specific reason for the claim is filed with the tax administrator within three years from the date of payment. Section 20. Records Required from Operators. Every operator shall keep guest records, accounting books, and records of room rentals for a period of three years and six months. Section 21. Examination of Records. During normal business hours and after notifying the operator, the tax administrator may examine books, papers, and accounting records related to room rentals to verify the accuracy of a return or, if no return is made, to determine the amount to be paid. To assist in this process, the tax administrator may request certified copies of the annual income tax return covering the hotel operator. Section 22. Confidentiality. The tax administrator or a person having an administrative or clerical duty under the provisions of this ordinance shall not make known in any manner the business affairs, operations, or information obtained by an investigation of records and equipment of a person required to file a return or pay a transient occupancy tax or a person visited or examined in the discharge of official ---PAGE BREAK--- ORDINANCE NO. 2057 PAGE 9 WOODBURN ORDINANCE COMPILATION FRANCHISES duty; or the amount or source of income, profits, losses or expenditures contained in a statement or application; or permit a statement or application, or a copy of either, or a book containing an abstract or particulars to be seen or examined by any person. However, nothing in this section shall be construed to prevent: Disclosure to or examination of records and equipment by a city official, employee or agent for collecting taxes for the purpose of administering or enforcing the provisions or collecting the taxes imposed by this ordinance. Disclosure, after filing a written request, to the taxpayer, receivers, trustees, executors, administrators, assignees, and guarantors, if directly interested, of information concerning tax paid, unpaid tax, amount of tax required to be collected, or interest and penalties. However, the City Attorney shall approve each disclosure, and the tax administrator may refuse to make a disclosure referred to in this subsection when, in the tax administrator's opinion, the public interest would suffer. Disclosure of names and address of persons making the returns. Disclosure of general statistics regarding taxes collected or business done in the City. Section 23. Disposition of Tax Funds. All revenue received from the transient occupancy tax shall be accounted for by a separate revenue line item contained in the General Fund. Sixty-six and two- thirds percent (66 2/3%) of all revenues received from the transient occupancy tax shall be used at the Council's discretion. Thirty-three and one-third percent (33 1 of all revenues received from the transient occupancy tax shall be dedicated to uses that promote and support tourism and economic development activities. Of the monies set aside for tourism and economic development the Council may, at its discretion, expend some or all of those monies on activities conducted by the City or other agencies that advance the Council's tourism and economic development goals. Monies distributed to agencies and organizations other than the City shall be dispersed pursuant to a tourism and economic development grant program. Policies and procedures governing that program shall be established by City Council resolution. (Section 23 as amended by Ordinance 2444 adopted August 11, 2008.) Section 24. Appeals to Council. A person aggrieved by a decision of the tax administrator may appeal to the City Council by filing a notice of appeal with the tax administrator within ten days of notice of the decision. The tax administrator shall transmit the notice, together with the file of the appealed matter, to the Council. The Council shall fix a time and place for hearing the appeal and shall give the appellant not less than ten days written notice of the time and place of hearing. Section 25. Severability. The provisions of this ordinance are severable. If a portion of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2614 PAGE 10 Section 26. Violations. It is unlawful for any operator or other person so required to fail or refuse to register as required herein, or to furnish any return required to be made, or to fail to pay the tax collected, or fail or refuse to furnish a supplemental return or other data required by the tax administrator, or to render a false or fraudulent return. No person required to make, render, sign, or verify any report shall make any false or fraudulent report, with intent to defeat or evade the determination of any amount due required by this ordinance. Notwithstanding paragraph of this section, the City Attorney, in addition to other remedies permitted by law, may commence and prosecute to final determination in any court of competent jurisdiction an action at law to collect the tax imposed. Section 27. Civil Infraction. A violation of any provision of this ordinance shall constitute a Class 2 civil infraction and shall be dealt with according to the procedures established by Ordinance No. 1998. Each day of noncompliance with this ordinance shall constitute a separate violation. Section 28. Effective Date. This ordinance shall be in full force and effect effective June 1, 1991. Passed by the Council April 8, 1991 and approved by the Mayor April 9, 1991. ---PAGE BREAK--- ORDINANCE NO. 2614 PAGE 10 WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2614 AN ORDINANCE GRANTING PORTLAND GENERAL ELECTRIC COMPANY, AN OREGON CORPORATION, A NONEXCLUSIVE FRANCHISE FOR TEN YEARS TO OPERATE AN ELECTRIC LIGHT AND POWER SYSTEM WITHIN THE CORPORATE LIMITS OF THE CITY OF WOODBURN, FIXING THE TERMS AND CONDITIONS OF SAID FRANCHISE; PROVIDING AN EFFECTIVE DATE; REPEALING ORDINANCE 2507; AND DECLARING AN EMERGENCY [Whereas clauses] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1 – Franchise Granted Portland General Electric Company, an Oregon Corporation (the "Company"), is hereby granted a non-exclusive Franchise to operate an electric light and power system within the corporate limits of the City of Woodburn ("the City"), subject to the terms and conditions of this ordinance, A. Definitions. As used in this ordinance: "City" means the City of Woodburn, a municipal corporation of the State of Oregon, and its duly authorized officers, employees, agents or assigns. "City Recorder" means the duly appointed City Recorder of the City of Woodburn, Oregon. "Company" means Portland General Electric Company. "Company facilities" means all poles, wires, fixtures, equipment, underground circuits, conduit, and other property necessary or convenient to the supply of electric energy owned or operated by the Company within the corporate limits of the City. "Corporate limits of the City of Woodburn" means the City boundary as it now exists or may be amended during the term of this Franchise. "Franchise to operate an electric light and power system" includes the right and privilege to erect, construct, repair, maintain and operate poles, wires, fixtures, conduit, equipment, underground circuits and other property necessary or convenient to supply the City, its inhabitants and other persons and territory with electric energy for light, power and other purposes, upon, over, along, under and across the streets, alleys, roads and any public right- of-way, property or place. “Gross revenue” includes any revenue earned by the Company within the City from the sale of electric energy after adjustment for the net write-off of uncollectible accounts computed on the average annual rate for the entire Company, excluding existing sales of electric energy sold by the Company to any Public Utility when the Public Utility purchasing such electric energy is not the ultimate consumer. Gross revenue shall include revenues from the use, rental or lease of the Company's operating facilities of the Utility other than residential-type space and water heating equipment under tariffs filed with and approved by the Oregon Public Utility Commission (OPUC). Gross revenue shall not include proceeds from the sale of bonds, mortgages or other evidence of indebtedness, securities or stocks, revenue from joint pole use, or revenue paid directly by the United States of America or any of its agencies. The meaning of "gross revenue" as used in this ordinance shall be amended and interpreted consistently with regulations prescribed by OPUC for determining the ---PAGE BREAK--- ORDINANCE NO. 2614 PAGE 10 WOODBURN ORDINANCE COMPILATION FRANCHISES amount of Franchise fees allowed as operating expenses of a Utility for ratemaking purposes. “Person” includes any individual, group of individuals, or legal entity. “OPUC” means the Oregon Public Utility Commission, and any successor or additional agency empowered by the State of Oregon to regulate public utilities. “Public project” means any project for work in the right of way that is not undertaken to benefit a specific development or redevelopment project on private property and that is not undertaken to benefit a Public Utility or service provider other than the City. “Public right-of-way” includes the public streets, alleys, roads, dedicated rights-of-way, easements, and other public property, way or place within the corporate limits of the City, and further includes that portion of private property upon which a preliminary subdivision or partition plat has been approved by the City for provision of public utilities within the corporate limit of the City, which is expected to be dedicated to the City and over which the City shall have administration, ownership and control. “Public Utility” means any individual, partnership, cooperative, corporation or government agency buying electric energy and distributing such electric energy to other customers or users. “Public Works Director” means the duly appointed Public Works Director of the City of Woodburn, Oregon. B. Facilities Subject to Ordinance. All the Company facilities within the City limits shall be deemed to be covered by the terms of this ordinance. C. Compliance with Laws. The Company shall at all times be subject to all laws, statutes, ordinances, codes, rules, regulations, standards, and procedures regarding Company's facilities, whether Federal, State or local, now in force or which hereinafter, may be promulgated (including but not limited to zoning, land use, historic preservation ordinances, safety standards, and other application requirements), unless specifically exempted. Section 2 – Term of Franchise and Effective Date This ordinance shall become effective July 1, 2023, and shall terminate on June 30, 2033. Section 3 – Revocation A. General. In addition to any rights set out elsewhere in this document, the City reserves the right to declare a forfeiture or otherwise revoke this Franchise, and all rights and privileges pertaining thereto, under certain circumstances. B. Conditions of Revocation. The grounds for which the City may declare forfeiture or revoke the Franchise are the following: 1. If the Company is in substantial violation of any material provision of the Franchise agreement and fails to correct the violation after written notice of the violation and proposed forfeiture and a reasonable opportunity thereafter to correct the violation; ---PAGE BREAK--- ORDINANCE NO. 2614 PAGE 10 WOODBURN ORDINANCE COMPILATION FRANCHISES 2. The Company becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt; 3. The Company is found by a court of competent jurisdiction to have engaged in fraud or deceit upon the City; or 4. The Company fails to obtain and maintain any right granted by any state regulatory body, required in order to provide electric service to customers within the City or to construct, maintain and operate the system; provided, however, that the Company shall be allowed a reasonable time to cure failure to obtain any permit. C. Due Process Upon the occurrence of one of the events set out above, following 30 days written notice to the Company of the occurrence and the proposed forfeiture and an opportunity for the Company be heard, the City may by ordinance declare a forfeiture, In a hearing, the Company shall be afforded due process rights. Findings from the hearing shall be written and shall stipulate the reasons for the City's decision. In the event the Company believes the City improperly has declared a forfeiture, the Company may file such proceeding as is appropriate in a court of competent jurisdiction. D. The City reserves the right to cancel this Franchise at any time upon one years written notice to the Company in the event that the City decides to engage in public ownership of light and power facilities and the public distribution of electric energy to customers throughout the City. Section 4 – Construction to be Approved by City A. Before the Company may conduct underground work involving excavation, new construction or major relocation work in any public right-of-way, the Company shall first notify the City, furnish appropriate maps and drawings, and provide not less than forty-eight (48) business day hours’ notice, except in the case of an emergency. The City will not sell or transmit Company maps or data to third parties unless permitted by the Company. The City shall upon request make available to the Company any City prepared maps or data which are a matter of public record, to facilitate permitting or the Company's capital planning. These maps or data shall be made available to the Company upon payment of the applicable public records fees. B. In the case of an emergency the Company shall file maps and drawings with the Public Works Director showing any construction work done by the Company within the corporate limits of the City, within thirty (30) days after completion of the work. C. Such construction work shall be done in a reasonably safe manner in accordance with requirements of applicable ordinances, State laws, and rules. In all circumstances pertinent to this Franchise, any actions by the Company's contractors shall be the responsibility of the Company. Any contractor of the Company shall be bound by all terms and conditions of this Franchise. D. Subject to any constitutional limitations to the City's authority that are applicable, the City shall impose a condition on its land use development approval that the developer either provide a sufficient location in the public right-of-way located in the land use development for Company Facilities that meet the Company's construction standards as provided to the OPUC and NESC requirements, or (ii) provide or obtain an easement for Company Facilities that meets the construction standards as provided to the OPUC and NESC requirements. ---PAGE BREAK--- ORDINANCE NO. 2614 PAGE 10 WOODBURN ORDINANCE COMPILATION FRANCHISES Section 5 – Location and Relocation of Company Facilities A. City Approval Required for Company Installations, Excavations and Restorations. Subject to City approval, the Company may make all necessary excavations in any public right-of- way for the purpose of erecting, locating, installing, constructing, repairing, maintaining, removing, and relocating Company facilities. The location of Company facilities in the public right-of-way shall be at places approved by the City. Except in emergencies, the City may require the Company to obtain a permit prior to commencing any work pursuant to this section pursuant to the City's ordinances or regulations. In emergencies, the Company shall take reasonable measures to notify the Public Works Director prior to commencing work. B. Removal or Relocation — Temporary or Permanent. In accordance with ORS 221.420, the City may require the Company to remove and relocate transmission and distribution facilities maintained by the Company in any public rights of way, property or place of the City by giving notice to the Company. The Company shall, upon ten (10) days written notice from the City, respond and begin the design process to relocate such facilities. Both parties will, to the greatest possible extent, agree on a relocation plan that provides for a suitable location for both underground and above-ground distribution facilities and aerial transmission facilities. In the event of a disagreement regarding suitable location, the City's determination shall be final subject to state law and regulations including, but not limited to, the National Electrical Safety Code. If the City's determination of a location requires the acquisition of easements or right-of way, the required easements or right-of way from private property owners for such relocated facilities sufficient to maintain service will be obtained by the City. If acquisition of easements or right-of-way is required to satisfy the Company's location requirements, the required easements or rights-of-way will be obtained by the Company from private property owners. The cost of removal or relocation of its facilities for public projects shall be paid by the Company. When the City requires the Company to relocate the same facilities that were previously relocated on another public works project that was completed within the past two years, the cost will be borne by the City. This provision shall apply only to fully completed projects and shall not apply to phases of the same project and minor relocation work. C. Overhead to Underground Conversion. As permitted by law, administrative rule, or regulation, and consistent with Ordinance 2416, the City may require the Company to remove any overhead facilities and replace those facilities within underground facilities at the same or different locations. Both parties will, to the greatest possible extent, agree on a relocation plan that provides for a suitable location. In the event of a disagreement regarding suitable location, the City's determination shall be final subject to state law and regulations including, but not limited to, the National Electrical Safety Code. If the City's determination of a location requires the acquisition of easements or right-of way, the required easements or right-of way from private property will be obtained by the City. If acquisition of easements or right-of-way is required to satisfy the Company's location requirements, the required easements or rights-of-way will be obtained by the Company from private property owners. The expense of such a conversion shall be paid by the Company subject to OAR [PHONE REDACTED] and the conversion itself shall be accomplished in the manner described by the rules of the OPUC. The Company shall collect conversion costs in accordance with OPUC rules. Nothing in this paragraph prevents the City and the Company from agreeing to a different form of cost recovery on a case-by-case basis. D. Notice Required. Except in an emergency, the Company shall provide not less than forty- eight (48) business day hours’ notice to the Public Works Director prior to any work by the ---PAGE BREAK--- ORDINANCE NO. 2614 PAGE 10 WOODBURN ORDINANCE COMPILATION FRANCHISES Company which involves excavation in the public right-of-way or relocation of Company facilities. The Company shall exercise all reasonable efforts to provide advance notice of such work so as not to disrupt City services or any other person using the right-of-way and to enable the City to inspect the work. E. Company to Minimize Disruptions. Whenever work is performed in any public right-of-way, the Company shall take all reasonable precautions to minimize interruption to traffic flow, damage to property or creation of a hazardous condition. F. Restoration Required. When the Company makes any excavation or installation pursuant to this ordinance, the Company or its contractors shall restore the affected public right-of-way to the same condition which it was in prior to the excavation. All work done shall be subject to the reasonable rejection or correction requirements of the Public Works Director and subject to the Public Works Director's approval. If the Company fails to restore the affected portion of the public right-of-way, the City may restore the right-of-way and charge all costs to the Company. If the Company inadequately restores the right-of-way, the City may repair the restored area to correct the defect, using a qualified contractor in accordance with applicable state and federal safety laws and regulations, and charge the cost to the Company, provided that the City gives the Company notice of the defect and ten (10) days opportunity to correct the defect. All excavation and restoration work shall be done in strict compliance with applicable rules, permits issued, regulations, ordinances or orders of the City and other applicable laws and regulations which may be adopted from time to time during the continuance of this Franchise by the City Council or as may otherwise be provided by law. G. Relocation at Request of or to Accommodate Third Party. In the event that any relocation of Company Facilities is requested by or is to accommodate a third party, Company shall seek reimbursement from the third party consistent with the Company's tariff on file with the OPUC and not from the City. Such relocation shall be consistent with any applicable long- term development plan or projection of the City or approved by the City. If the relocation of Company's Facilities is caused or required by the conditions placed by the City on approval for projects of third parties, such relocation shall in no event fall under the provisions of subsections or of this Section 5. H. PUBLIC ROW VACATION. If all or a portion of the public right-of-way used by Company is vacated by the City during the Term, the City shall either condition the approval of the vacation on the reservation of an easement for Company Facilities in their then current location that prohibits any use of the vacated property that interferes with Company's full enjoyment and use of its easement, or permit Company Facilities to remain in a Public Utility easement. If neither of these options is reasonably possible, Company shall, after notice from the City, remove Company Facilities from such vacated public right-of-way. Should Grantee fail to do so, the City may, after providing Company with ninety (90) days prior written notice, the City may complete such work or cause it to be completed by a qualified contractor in accordance with applicable state and federal safety laws and regulations, and the cost thereof shall be borne by Company. Upon request, the City will cooperate with Company to identify alternative locations within the public right-of-way for Company Facilities if they are not permitted to remain in the vacated area. Section 6 – Public Facilities and Improvements A. All Company facilities shall be placed so that they do not interfere with the use by the City or the public of any public right-of-way and in accordance with any requirements adopted ---PAGE BREAK--- ORDINANCE NO. 2614 PAGE 10 WOODBURN ORDINANCE COMPILATION FRANCHISES by the City Council. Nothing in this ordinance shall be construed to prevent the City from severing, grading, paving, planking, repairing, widening, altering or doing any work that may be desirable on or in any public right-of-way. If possible, all such work shall be done so as not to obstruct, injure or prevent free use and operation of the electric light and power system of the Company. B. Whenever the City performs or contracts for work in the right-of-way that may disturb but does not require the relocation of Company facilities, the City shall take reasonable measures to notify the Company in advance to enable the Company to take measures to protect its facilities from damage or injury to the public. In such case, the Company shall furnish field marking to the City or contractor showing the approximate location of all of its facilities in the area involved in the construction. C. If space is available, the Company shall permit the City to run wires on Company poles or conduit for municipal purposes and to attach City alarms and police signals to Company poles, subject to the following conditions: 1. Such wires and signals shall be strung so as not to interfere with the wires of the Company and to conform to the provisions of the National Electrical Safety Code and any other applicable building code. The City shall maintain attachment agreements and submit applications for permits for such attachments; 2. The City shall not lease or sell space on Company poles or conduit to third parties, or in its facilities attached to Company poles or in conduit. The City may provide space in its facilities at no charge to entities using such space for a public purpose as long as such entities' use will cause no additional burden to Company poles or conduit or require any separate attachment on or space in Company poles or conduit; and 3. To the degree permitted by Oregon Law, the City shall defend, indemnify and hold the Company harmless from loss or damage resulting from damage to persons or property or injury or death to City employees, Company employees, or the public arising from the use of said poles by the City. D. The Company shall by permit allow the City to attach banners or other civic beautification or information items to poles of the Company subject to the following: 1. The attachments shall not interfere with the wires of the Company and shall conform to the provisions of the National Electric Safety Code and any other applicable Federal, State or PUC regulation. The Company may regulate the location of such attachment or may deny requests for such attachments on a case-by-case basis if the attachment would violate the requirement of this subsection. In addition, all such attachments shall be in accordance with POE's banners and attachments policy; and 2. To the degree permitted by Oregon Law, the City shall defend, indemnify and hold the Company harmless from loss or damage resulting from damage to persons or property or injury or death to City employees, Company employees, or the public arising from the use of said poles by the City. The City shall maintain general liability insurance in the amount of at least $1,000,000; which shall name the Company as an additional insured, during use of the poles by the City pursuant to sections 6 and ---PAGE BREAK--- ORDINANCE NO. 2614 PAGE 10 WOODBURN ORDINANCE COMPILATION FRANCHISES Section 7 – Continuous Service Safety Standards A. The Company shall furnish adequate and safe service for the distribution of electrical energy in the City. The Company shall use due diligence to maintain continuous 24-hour a day service which shall at all times conform at least to the standards common in the business and to the standards adopted by the State. Under no circumstances shall the Company be liable for an interruption or failure of service caused by an act of God, unavoidable accident, or other circumstances beyond the control of the Company. B. The Company shall comply with all the applicable rules and regulations of the OPUC. Section 8 – Acceptance of Franchise Fees The rights and privileges granted by this Franchise are granted upon the conditions herein contained and also upon the following conditions: A. In consideration of the rights and privileges granted by this Franchise, the Company shall pay to the City a Franchise fee each calendar year during the life of this Franchise of three and one-half (3-1/2) percent of the gross revenue as defined herein for the immediately preceding calendar year. If the Company pays a Franchise fee of more than 3.5% to another municipal corporation or the OPUC permits the Company to pay any municipality a percentage rate of compensation exceeding that provided for herein as an operating expense of the Company, the Company shall inform the City. The City shall have the right to immediately require and receive the same percentage fee permitted by the OPUC or paid by the Company to another municipal corporation. The payment described in this section is not subject to the property tax limitations contained in the Oregon Constitution and is not a fee on property or on property owners by fact of ownership. B. In consideration of the agreement of the Company to make such payments, the City agrees that no license, permit fee, tax or charge on the business or occupation of the Company shall be imposed upon the Company by the City during the term of this ordinance, except: 1. This provision shall not exempt the property of the Company from lawful ad valorem taxes, local improvement district assessments, or conditions, exactions, fees and charges which are generally applicable to the Company's real property, use or development as required by the City's ordinances and regulations. 2. Pursuant to Ordinance 2114 the City has imposed a privilege tax on the Company. As permitted by Oregon law, the combined Franchise fee and privilege tax assessed against the Company may not exceed five percent of the Company's gross revenue from within the City as defined in this ordinance. C. On or before the first day of March of each year during the term of this Franchise, the Company shall file with the City Recorder a statement under oath showing the amount of gross revenue of the Company within the City on the basis outlined in paragraph for the calendar year immediately preceding the year in which the statement is filed. The annual Franchise fee and privilege tax for the year in which the statement is filed shall be computed on the gross revenue so reported. Such Franchise fee and privilege tax shall be payable annually on or before the first day of April. The City Recorder shall issue a receipt for such annual payment, which shall be the full acquittance of the Company for the payment. Any dispute as to the amount of the Company's gross revenue within the ---PAGE BREAK--- ORDINANCE NO. 2614 PAGE 10 WOODBURN ORDINANCE COMPILATION FRANCHISES meaning of this ordinance shall be resolved by the OPUC after examination of the Company's records. Any difference of payment due the City through error or otherwise shall be payable within fifteen (15) days of written notice of discovery of such error. If the Company fails to pay any part of the annual payment for thirty (30) days after such payment is due pursuant to this ordinance, and after thirty (30) days written notice from the City, the City may either continue this Franchise in force and/or proceed by suit or action to collect said payment or declare a forfeiture of this Franchise because of the failure to make such payment but without waiving the right to collect earned Franchise payments. Any overpayment to the City through error or otherwise shall be offset against the next payment to the City. D. The City may, consistent with state law and regulations, direct that the Franchise fee and privilege tax, be calculated on volume-based methodologies as specifically described in ORS 221.655 instead of the gross revenue formula set out in section 8 Notice must be given to the Company in writing, by October 30th of each calendar year for implementation of volume-based methodology beginning January 1st of the following year. The volumetric calculation must remain in effect for an entire calendar year (January I to December 31 billings). No notice is necessary if the City chooses to remain on the gross revenue-based calculation. E. The City reserves the right to cancel this Franchise at any time upon one year’s written notice to the Company in the event that the City decides to engage in public ownership of light and power facilities and the public distribution of electric energy. F. The Company shall not unjustly discriminate or grant undue preference to any users of the services provided by the Company pursuant to this Franchise. Section 9 – Franchise Non-Transferable A. No Transfer Without Consent. This Franchise may not be sold, assigned, transferred, leased, or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger, consolidation, nor shall title thereto, either legal or equitable, or any right, interest, or property therein pass to or vest in any person, nor may actual working control of the City be changed, transferred or acquired without the prior written consent of the City, which consent shall not be unreasonably withheld. B. Notification. The Company shall notify the City of any proposed change in, or transfer of, or acquisition by any other party of control of the Company. C. Request for Approval. The Company shall make a written request to the City for its approval of a sale or transfer of this Franchise and furnish all information required by law and the City. D. City Inquiry into Qualifications. In reviewing a request for sale or transfer of this Franchise, the City may inquire into the legal, technical and financial qualifications of the prospective transferee, and the Company shall assist the City in so inquiring. The City may condition said sale or transfer of this Franchise upon reasonable terms and conditions related to the legal, technical, and financial qualifications of the prospective transferee. ---PAGE BREAK--- ORDINANCE NO. 2614 PAGE 10 WOODBURN ORDINANCE COMPILATION FRANCHISES E. Filing Evidence of Transfer. Within thirty (30) days of any transfer or sale of this Franchise, if approved or deemed granted by the City, the Company shall file with the City a copy of the deed, agreement, lease or other written instrument evidencing such sale or transfer of ownership or control, certified and sworn to as correct by the City and the transferee. F. Approval Not Waiver. The consent or approval of the City to any transfer by the Company shall not constitute a waiver or release of any rights of the City, and any transfer shall, by its terms, be expressly subordinate to the terms and conditions of this Franchise. G. Exceptions. Notwithstanding anything to the contrary in this section, the prior approval of the City shall not be required for any sale, assignment or transfer of the Franchise to an entity controlling, controlled by or under the same common control as the Company provided that the proposed assignee or transferee must show financial responsibility as may be determined necessary by the City and must agree in writing to comply with all provisions of the Franchise. Section 10 – Continuity of Service Mandatory A. As long as the City is included in the service territory allocated to the Company by the OPUC pursuant to ORS 758.400 et seq., the Company shall provide electric service to customers within the corporate limits of the City in accordance with state statutes and regulations. B. In the event of purchase, lease-purchase, condemnation, acquisition, taking over and holding of plant and equipment, sale, lease or other transfer to any other person, including any other Grantee of an Electric Light and Power System Franchise, the Company shall cooperate with the City and such person or other Grantee to make sure that customers within the corporate limits of the City continue to receive electric service during any period of transition. Section 11 – Books of Account and Reports The Company shall keep and maintain accurate books of account at an office in Oregon for the purpose of determining the amounts due to the City pursuant to section 8 of this ordinance. The City may inspect the books of account, including computer retrieval information, at any time during the Company's business hours and audit the books from time to time. The City Council may require periodic reports from the company relating to its operation and revenues within the City. Section 12 – Audit A. Audit Notice and Record Access. The City may audit the Company’ s calculation of Cross Revenues. Within ten (10) business days after receiving a written request from the City, or such other time frame as agreed by both parties, the Company shall furnish the City and any auditor retained by the City: ( 1 ) information sufficient to demonstrate that the Company is in compliance with this Franchise; and access to all books, records, maps and other documents maintained by the Company with respect to Company facilities that are necessary for the City to perform such audit. The Company shall provide access to such information to the City within the City, or the Portland, Oregon metropolitan area, during the Company's regular business hours. ---PAGE BREAK--- ORDINANCE NO. 2614 PAGE 10 WOODBURN ORDINANCE COMPILATION FRANCHISES B. Audit Payment. If the City's audit shows that the amounts due to the City are higher than those based on the Company's calculation of Gross Revenue, then the Company shall make a payment for the difference within sixty (60) days after the delivery to the Company of the audit results. In addition to paying any underpayment, the Company shall pay interest at the statutory rate designated in ORS 82.010 as it may be amended from time to time, but not penalties, as specified in this Franchise, from the original due date. In the event the City's audit shows that the Company's calculation of Gross Revenue resulted in an overpayment to the City by five percent or more in any one year, the Company may deduct such overpayment from the next annual Franchise fee payment, including interest at the statutory rate designated in ORS 82.010, as it may be amended from time to time from the original due date. If the City's audit shows that the amounts due to the City based on the Company's calculation of Gross Revenue deviated by five percent or more in any one year from the City's calculation during the audit, the Company shall reimburse the City for the incremental cost associated with the audit, not to exceed one percent (1 of the total annual Franchise fee payment for the applicable audit period. Section 13 – Utility Rates Set by the OPUC The rates charged by the Company for electric energy shall be as fixed or approved by the OPUC. Section 14 – Changes in Statutes or Rules If the State of Oregon or the OPUC amends or adopts a state statute or administrative rule that would affect a material term, condition, right or obligation under this Franchise, either party may reopen Franchise negotiations with regard to such term, condition, right or obligation in order to address the change required or allowed by the new or amended state statute or administrative rule. Section 15 – Indemnification The Company shall indemnify, defend and save harmless the City and its officers, agents and employees from any and all loss, cost and expense, including reasonable attorney’s fees, arising from damage to property and/or injury or death of persons or any other damage resulting in whole or in part from any wrongful or negligent act or omission of the Company, its agents or employees in exercising the rights, privileges and Franchise hereby granted. Section 16 – Insurance The Company shall obtain and maintain in full force and effect, for the entire Term, the following insurance covering risks associated with the Company's ownership and use of Company facilities and the Public ROW: A. Commercial General Liability insurance covering all operations by or on behalf of the Company for Bodily Injury and Property Damage, including Completed Operations and Contractors Liability coverage, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence and in the aggregate. B. Business Automobile Liability insurance to cover any vehicles used in connection with its activities under this Franchise, with a combined single limit not less than One Million Dollars ($1,000,000) per accident. ---PAGE BREAK--- ORDINANCE NO. 2614 PAGE 10 WOODBURN ORDINANCE COMPILATION FRANCHISES C. Workers' Compensation coverage as required by law and Employer's Liability Insurance with limits of One Million Dollars ($1,000,000) With the exception of Workers' Compensation and Employers Liability coverage, the Company shall name the City as an additional insured on all applicable policies. All insurance policies shall provide that they shall not be canceled or modified unless thirty (30) days prior written notice is provided to the City. The Company shall provide the City with a certificate of insurance evidencing such coverage as a condition of this Franchise and shall provide updated certificates upon request. D. In Lieu of Insurance. In lieu of the insurance policies required by this section 16, the Company shall have the right to self-insure any and all of the coverage outlined hereunder. If the Company elects to self-insure, it shall do so in an amount at least equal to the coverage requirements of this section 16 in a form acceptable to the City. The Company shall provide proof of self-insurance to the City before this Franchise takes effect and thereafter upon request by the City. Section 17 – Franchise Nonexclusive This Franchise shall not be exclusive and shall not be construed as any limitation on the City to grant rights, privileges and authority to other persons or corporations similar to or different from those herein set forth. Section 18 – Rights not to be Construed as Enhancement to Company Property The City and the Company understand and agree that the privileges granted to the Company by this Franchise in the streets, alleys, roads and other public places of the City are not to operate so as to be an enhancement of the Company' properties or values or to be an asset or item of ownership in any appraisal thereof. Section 19 – Remedies and Penalties not Exclusive All remedies and penalties under this ordinance, including termination of the Franchise, are cumulative and not exclusive. Failure to enforce shall not be construed as a waiver of a breach of this Franchise. A specific waiver shall not be construed to be a waiver of a future breach or of any other term or condition of this Franchise. Section 20 – Severability Clause If any section, subsection, sentence, clause, phrase, or other portion of this Franchise is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, all portions of this Franchise that are not held to be invalid or unconstitutional shall remain in effect until this Franchise is terminated or expired. After any declaration of invalidity or unconstitutionality of a portion of this Franchise, either party may demand that the other party meet to discuss amending the terms of this Franchise to conform to the original intent of the parties. If the parties are unable to agree on a revised Franchise agreement within ninety (90) days after a portion of this Franchise is found to be invalid or unconstitutional, either party may terminate this Franchise by delivering one hundred and eighty (180) days notice to the other party. Section 21 – Acceptance Within thirty (30) days after the ordinance adopting this Franchise is passed by the City Council, the Company shall file with the City Recorder its written unconditional acceptance or rejection of ---PAGE BREAK--- ORDINANCE NO. 2614 PAGE 10 WOODBURN ORDINANCE COMPILATION FRANCHISES this Franchise. If the Company files a rejection, this Franchise shall be null and void. If the Company fails to file a written unconditional acceptance or rejection of this Franchise, the City may withdraw this Franchise at any time prior to 30 days from the effective date of the ordinance. Section 22 – Notice Any notice provided for under this Franchise shall be sufficient if in writing and delivered personally to the following addressee, deposited in the United States mail, postage prepaid, certified mail, return receipt requested, or sent by overnight or commercial air courier (such as Federal Express or UPS), or to such other address as the receiving party hereafter shall specify in writing: If to the City: 270 Montgomery Street, Woodburn, Oregon 97071 FAX # (503) 982-5243 With a copy to: Woodburn City Attorney 270 Montgomery Street, Woodburn OR 97071 If to the Company: Local Government Affairs Portland General Electric Company 121 SW Salmon St, IWTC03 Portland, Oregon 97204 With a copy to: Portland General Electric Company Attn: General Counsel One World Trade Center 121 SW Salmon Street Portland, Oregon 97204 Any such notice, communication or delivery shall be deemed effective and delivered upon the earliest to occur of actual delivery, three business days after depositing in the United States mail, one business day after shipment by commercial air courier (or the first business day thereafter if faxed on a Saturday, Sunday or legal holiday). Section 23 – Prior Ordinance Repealed Ordinance 2507 is repealed-upon acceptance by the Company of this Franchise and all rights and obligations arising under Ordinance 2507 shall terminate. Section 24 – Emergency Clause This ordinance being necessary for the immediate preservation of the public peace, health and safety so that the franchised electric services provided by PGE can continue, an emergency is declared to exist and this ordinance shall take effect immediately upon passage and approval by the Mayor. Passed by the Council June 26, 2023 and approved by the Mayor June 27, 2023. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2114 PAGE 1 ORDINANCE NO. 2114 AN ORDINANCE IMPOSING A PRIVILEGE TAX ON PORTLAND GENERAL ELECTRIC COMPANY, AN OREGON CORPORATION, IN THE AMOUNT OF 1.5 PERCENT OF DEFINED GROSS REVENUES, REGULATING USE OF THE REVENUES THEREBY DERIVED, DECLARING AN EMERGENCY AND SETTING AN EFFECTIVE DATE. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Privilege Tax Imposed. There is hereby imposed a privilege tax on the gross revenues of Portland General Electric Company, an Oregon corporation, in the amount of 1½% (one and one-half percent) of those revenues. As used herein, "gross revenues" means revenues received by Company from the sale of electric energy within the city, less net uncollectibles. Gross revenue shall include revenues from the use, rental or lease of operating facilities of the Company other than residential-type space and water heating equipment. Gross revenues shall not include proceeds from the sale of bonds, mortgage or other evidence of indebtedness, securities or stocks, sales at wholesale prices by one public utility to another when the utility purchasing the service is not the ultimate consumer, or revenue from joint pole use. The privilege tax provided in this ordinance is in addition to the franchise fee being paid by the Company pursuant to Ordinance No. 2109, which grants to PGE a non-exclusive franchise within the city. That ordinance remains in full force and effect. Section 2. Payment Dates. The tax provided in this ordinance shall be paid annually and shall be due for each calendar year or fraction thereof, on or before the first day of April following the end of the calendar year for which the tax is due; with the first payment, for gross revenues collected during 1994, due on or before April 1, 1995. Section 3. Interest on Late Payments. In the event PGE fails to pay the tax on or before the due date, interest shall be owed on the tax from the due date to the date on which payment is received by the city, compounded daily. Section 4. Use of Proceeds. The proceeds derived from this ordinance shall be dedicated to funding of transportation improvement projects identified in the Woodburn Capital Improvement Program, street maintenance and street lighting. (Amended by Ordinance 2532) Section 5. Emergency Clause and Effective Date. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect on January 1, 1994, and shall remain in effect until modified or rescinded by ordinance of the City Council. Passed by the Council December 13, 1993 and approved by the Mayor December 16, 1993. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2118 PAGE 1 ORDINANCE NO. 2118 AN ORDINANCE PROVIDING FOR THE REGULATION OF BASIC SERVICE TIER RATES AND RELATED EQUIPMENT, INSTALLATION AND SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN THE CITY OF WOODBURN AND DECLARING AN EMERGENCY. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The City shall follow the FCC Rate Regulations in its regulation of the Basic Service Rates and Charges of the Company and any other cable television system operating in the City, notwithstanding any different or inconsistent provisions in the Franchise; and Section 2. In connection with such regulation, the City shall ensure a reasonable opportunity for consideration of the views of interested parties; and Section 3. The City Administrator is authorized to execute on behalf of the City and file with the FCC such certification forms or other instruments as are now or may hereafter be required by the FCC Rate Regulations in order to enable the City to regulate Basic Service Rates and Charges. Section 4. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Passed by the Council February 28, 1994 and approved by the Mayor March 1, 1994. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2145 PAGE 1 ORDINANCE NO. 2145 AN ORDINANCE IMPOSING A PRIVILEGE TAX ON NORTHWEST NATURAL GAS COMPANY, AN OREGON CORPORATION, IN THE AMOUNT OF 2.0 PERCENT OF DEFINED GROSS REVENUES, REGULATING USE OF THE REVENUES THEREBY DERIVED, DECLARING AN EMERGENCY AND SETTING AN EFFECTIVE DATE. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Privilege Tax Imposed. There is hereby imposed a privilege tax on the gross revenues of Northwest Natural Gas Company, an Oregon corporation, in the amount of 2% (two percent) of those revenues. "Gross revenue" as used in this ordinance shall be deemed to include any revenue earned within the City from the sale of natural gas after deducting from the total billings of the Grantee the total net writeoff of uncollectible accounts. Gross revenues shall include revenues from the use, rental or lease of operating facilities of the utility other than residential-type space and water heating equipment. Gross revenues shall not include proceeds from the sale of bonds, mortgage or other evidence of indebtedness, securities or stocks, revenues derived from the sale or transportation of gas supplied under an interruptible tariff schedule, sales at wholesale to a public utility when the utility purchasing the service is not the ultimate consumer, or revenue paid directly by the United States of America or any of its agencies. The privilege tax provided in this ordinance is in addition to the franchise fee being paid by the Company pursuant to Ordinance No. 2133, which grants to Company a non- exclusive franchise within the city. That ordinance remains in full force and effect. Section 2. Payment Dates. The tax provided in this ordinance shall be paid quarterly and shall be due for each calendar quarter or fraction thereof, on or before thirty (30) days following the end of the calendar quarter, or fraction thereof, for which the tax is due; with the first payment, for gross revenues collected during that portion of the 3rd quarter of 1995 in which this ordinance is in effect, due on or before October 1, 1995. Section 3. Interest on Late Payments. In the event Company fails to pay the tax on or before the due date, interest shall be owed on the tax from the due date to the date on which payment is received by the city, compounded daily. Section 4. Use of Proceeds. The proceeds derived from this ordinance shall be dedicated to funding of transportation improvement projects identified in the Woodburn Capital Improvement Program, street maintenance and street lighting. (Amended by Ordinance 2532) ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2145 PAGE 2 Section 5. Emergency Clause and Effective Date. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect on June 18, 1995, and shall remain in effect until modified or rescinded by ordinance of the City Council. Passed by the Council May 22, 1995 and approved by the Mayor May 23, 1995. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2177 PAGE 1 ORDINANCE NO. 2177 AN ORDINANCE GRANTING TO U S WEST COMMUNICATIONS, INCORPORATED, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND PRIVILEGE TO DO A GENERAL COMMUNICATION BUSINESS AND TO OPERATE WITHIN THE CITY OF WOODBURN, REPEALING ORDINANCE NOS. 1934, 2041 AND 2163 AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. There is hereby granted by the City of Woodburn to U S West Communications, Incorporated, its successors and assigns, the right and privilege to do a general communication business within said City of Woodburn and to place, erect, lay, maintain and operate in, upon, over and under the streets, alleys, avenues, thoroughfares, and public highways, places and grounds within the said City, poles, wires and other appliances and conductors for all telephone and other communications purposes. Such wires and other appliances and conductors may be strung upon poles or other fixtures above ground, or at the option of the Grantee, it successors and assigns, may be laid underground, and such other apparatus may be used as may be necessary or proper to operate and maintain the same. Section 2. It shall be lawful for said Grantee, its successors and assigns, to make all needful excavations in any of the streets, alleys, avenues, thoroughfares and public highways, places and grounds in said City for the purpose of placing, erecting, laying and maintaining poles or other supports or conduits for such wires and appliances and auxiliary apparatus or repairing, renewing or replacing the same. The work shall be done in compliance with the necessary rules, regulations, ordinances or orders, which may during the continuance of this franchise be adopted from time to time by the City of Woodburn. Except in an emergency, Grantee shall not excavate in the rights-of-way without first obtaining a City "Right-of-Way Improvement" permit. Grantee will ensure that all requirements are met as the contractor for the work. In emergency situations, Grantee may make initial contact by telephone, but a permit must be obtained as soon as possible. Section 3. Whenever Grantee, its successors and assigns, shall disturb any of the streets for the purpose aforesaid, it or they shall restore the same to good order and condition as soon as practicable without unnecessary delay, and failing to do so the City of Woodburn shall have the right to fix a reasonable time within which such repairs and restoration of streets shall be completed, and upon failure of such repairs and restoration being made by the Grantee, its successors and assigns, the said City shall cause the repairs to be made at the expense of the Grantee, its successors and assigns. Section 4. Nothing in this Ordinance shall be construed in any way to prevent the proper authorities of the City of Woodburn from sewering, grading, planking, rocking, paving, repairing, altering, or improving any of the streets, alleys, avenues, thoroughfares and public highways, places and grounds within the City of Woodburn in ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2177 PAGE 2 or upon which the poles, wires or conductors of the Grantee shall be placed, but all such work or improvements shall be done if possible so as not to obstruct or prevent the free use of said poles, wires, conductors, conduits, pipes or other apparatus. Grantee shall relocate or remove such facilities when in conflict with City work at no cost to the City. However, the costs of relocating or removing Grantee's facilities for the convenience of or at the request of a private developer or development shall be borne by such private developer or development. The City shall not require Grantee to remove or relocate its facilities or vacate any street, alley or other public way incidental to any public housing or renewal project under ORS Chapters 456 or 457 without reserving Grantee's right to access available grant funding. In the event of major improvement projects the City may direct that all aerial transmission and distribution facilities be placed jointly underground. Payment for such work shall be in accordance with applicable Oregon Revised Statutes and Administrative Rules. Section 5. Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the aerial cables or wires or other apparatus of the Grantee to permit the passage of any building, machinery or other object moved over the roads, streets, alleys, avenues, thoroughfares and public highways within the City, the Grantee will perform such a rearrangement within a reasonable period after written notice from the owner or contractor-mover desiring to move said building, machinery or other objects. Said notice shall bear the approval of the City, shall detail the route of movement of the building, machinery, or other object, shall provide that the costs incurred by the Grantee in making such a rearrangement of its aerial facilities will be borne by the contractor-mover and shall further provide that the contractor-mover will indemnify and save the Company harmless of and from any and all damages of claims whatsoever kind or nature, caused directly or indirectly from such temporary rearrangement of the facilities of the Grantee, and if required by the Grantee, shall be accompanied by a cash deposit or a good and sufficient bond to pay any and all such costs as estimated by the Grantee. Section 6. In consideration of the rights, privileges, and franchise hereby granted, said Grantee, U S WEST Communications, Incorporated, its successors and assigns, shall pay to the City of Woodburn from and after the date of the acceptance of this franchise, and until its expiration, quarterly, seven percent per annum of its gross revenues derived from exchange access services as defined in ORS 401.710 within the corporate limits of the City of Woodburn less net uncollectibles. Payment shall be made quarterly, on or before April 30, July 31, October 31 and January 31 for the preceding calendar quarter. Such payment made by the Grantee will be accepted by the City of Woodburn from the Grantee, also in payment of any license, privilege or occupation tax or fee for revenue or regulation, or any permit or inspection fees or similar charges for street openings, installations, construction or for any other purpose now or hereafter to be imposed by the City of Woodburn upon the Grantee during the term of this franchise. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2177 PAGE 3 Section 7. The rights, privileges and franchise herein granted shall continue and be in force for the period of ten (10) years from and after the date this Ordinance becomes effective, except that it is understood and agreed that either party may terminate this Agreement after 180 days notice in writing. This Ordinance shall be subject to any and all State and Federal legislative enactments. Section 8. The right to use and occupy said streets, alleys, avenues, thoroughfares and public highways, places and grounds within the said City for the purposes set forth herein shall not be exclusive, and the City reserves the right to grant a similar use of said streets, alleys, avenues, thoroughfares and public highways, places and grounds to any person at any time during the period of this franchise. Section 9. Grantee shall indemnify, defend and hold harmless the City and its officers, agents and employees from damages, costs and expense arising from any injury to persons or property by reason of the negligent act or omission of Grantee, its agents or employees in exercising the rights and privileges herein granted. Grantee shall at all times comply with any lawful present or future charter provisions, ordinances, rules or regulations of the City relating to the manner of occupation or use, or to the repair or improvement of City streets and sidewalks. Section 10. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Grantee shall, within thirty (30) days of the passage and approval of this Ordinance, file with the Recorder of the City of Woodburn its written acceptance of all the terms and conditions of the Ordinance. If such written acceptance is not performed within said thirty (30) days, this ordinance shall become null and void. Section 11. Ordinance Nos. 1934, 2041 and 2163 are hereby repealed. Passed by the Council September 9, 1996 and approved by the Mayor September 10, 1996. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2211 PAGE 1 ORDINANCE NO. 2211 AN ORDINANCE APPROVING AND CONSENTING TO THE TRANSFER AND ASSIGNMENT OF A CABLE TV FRANCHISE FROM NORTHLAND CABLE TELEVISION, INC. TO NORTH WILLAMETTE TELECOM, INC. AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The City hereby approves and consents to the transfer and assignment of the Franchise from Seller to North Willamette. Section 2. The City hereby approves the encumbrance of the Franchise and the assets of the cable television system, and the assignment of same for security purposes, in connection with the acquisition and operation of the system and the financing and refinancing, from time to time, of the business operations of North Willamette. Section 3. The assignment and transfer of the Franchise shall not alter the terms and conditions of the Franchise granted in Ordinance 2093; and North Willamette shall file with the City Recorder a written unconditional assumption and acceptance of the Franchise. Section 4. In addition to the document required by Section 3, North Willamette shall file with the City Recorder a written assurance that: It shall maintain a system headend in the incorporated City limits of Woodburn during the term of the Franchise. It shall maintain an office and studio located in the incorporated City limits during the term of the Franchise. Section 5. In connection with the assignment and transfer of the Franchise to North Willamette, the City certifies to Seller and North Willamette that: The Franchise was duly and validly issued by the City. The Franchise is in full force and effect as of the date hereof, is valid and enforceable in accordance with its terms and will not expire until October 19, 2002. No event of default under the Franchise, and no event which could become an event of default with the passage of time or the giving of notice, or both, has occurred and is continuing as of the date of this Ordinance. All fees owing to the City pursuant to the Franchise have been paid through December 31, 1997. The City acknowledges receipt of a completed FCC Form 394 from Seller and North Willamette. ---PAGE BREAK--- FRANCHISES ORDINANCE NO. 2211 PAGE 2 Section 6. Ordinance Nos. 1766, 2093 and this Ordinance were and are adopted in accordance with the notice and procedure requirements of the laws of the State of Oregon governing cities, and with the notice and procedure requirements prescribed by the City. Ordinance Nos. 1766, 2093 and this ordinance were and are adopted in accordance with and do not conflict with the laws, ordinance, resolutions and other regulations of the City, as presently in effect or as the same were in effect at the time the particular action was taken. Section 7. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Passed by the Council April 13, 1998 and approved by the Mayor April 15, 1998. ---PAGE BREAK--- FRANCHISES ORDINANCE NO. 2299 PAGE 1 ORDINANCE NO. 2299 AN ORDINANCE APPROVING AND CONSENTING TO THE TRANSFER AND ASSIGNMENT OF A CABLE TELEVISION FRANCHISE FROM NORTH WILLAMETTE TELECOM, INC. (DIRECT LINK) TO WILLAMETTE BROADBAND LLC, AND DECLARING AN EMERGENCY, [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The City hereby approves and consents to the transfer and assignment of the Franchise from North Willamette Telecom, Inc. to Willamette Broadband, LLC contingent upon Willamette’s satisfactory completion of the following conditions no later January 2, 2002. Complete the franchise renewal negotiations, represented in a mutually agreeable new franchise designed to meet current Woodburn regulatory requirements and community needs; Post a performance bond, to cover all franchise performance by Willamette, in an amount of $300,000. Said bond shall be in a form acceptable to the City Attorney; Establish a security fund or letter of credit running to the City in the amount of $25,000. Such security fund or letter of credit shall be in a form acceptable to the City Attorney, and shall be retained by the City for a period of five years, or until such time as the City Council deems, based upon Willamette’s performance under a franchise, that such security is no longer necessary; and Agree in writing to remedy any historical violation or default under the Franchise, regardless of whether the Seller or Willamette is responsible for the violation or default. If Willamette fails to complete any of the conditions to above by January 2, 2002, consent to the sale and transfer of the Franchise is denied. (Section 1 as amended by Ordinance No. 2306 dated November 26, 2001) Section 2. Subject to condition to above being met by January 2, 2002, and from and after the closing of the sale of the Franchise and related assets to Willamette, Willamette shall become the operator of the Franchise and shall be bound by the lawful obligations and duties that arise on and after the closing with respect thereto and the Seller shall be released of such obligations and duties. (Section 2 as amended by Ordinance No. 2306 dated November 26, 2001) Section 3. The assignment and transfer of the Franchise shall not alter the terms and conditions of the Franchise granted in Ordinance 2093; and Willamette shall file with the City Recorder a written unconditional assumption and acceptance of the Franchise. ---PAGE BREAK--- FRANCHISES ORDINANCE NO. 2299 PAGE 2 Section 4. In addition to the document required by Section 3, Willamette shall file with the City Recorder a written assurance that, for the remainder of the effective period of Ordinance 2093: It shall maintain a system head end in the incorporated City Limits of Woodburn; and It shall maintain an office and studio located in the incorporated City limits during the term of the Franchise; and The City acknowledges receipt of a completed FCC Form 394 from Seller and Willamette. Section 6. [Emergency clause.] Passed by the Council and approved by the Mayor August 30, 2001. Amended by Ordinance 2306 dated November 26, 2001. ---PAGE BREAK--- FRANCHISES ORDINANCE NO. 2494 PAGE 1 ORDINANCE NO. 2494 AN ORDINANCE GRANTING WOODBURN AMBULANCE SERVICE, INC., A NON- EXCLUSIVE FRANCHISE TO OPERATE AN AMBULANCE SERVICE IN THE CITY OF WOODBURN; DEFINING TERMS AND CONDITIONS OF SAID FRANCHISE; REPEALING ORDINANCE 2324; DECLARING AN EMERGENCY AND SETTING AN EFFECTIVE DATE [Whereas clauses.] Section 1. Title. This ordinance shall be known as the "Ambulance Service Franchise Ordinance". Section 2. Policy and Purpose. The Council declares it to be in the public's interest of health, safety and welfare to provide for and regulate ambulance services within the City of Woodburn to: Ensure effective and efficient emergency ambulance service to the residents of Woodburn; and Comply with the provisions of the Marion County Ambulance Service Area (ASA) Plan. Pursuant to ORS 682.031, this ordinance shall not be interpreted to require less than is required of Grantee by the applicable Oregon Revised Statutes and administrative rules. Any inconsistency between the provisions of this ordinance and Oregon state law shall be governed by Oregon state law. Section 3. Definitions. The words and phrases used in this ordinance shall have the meaning provided in ORS Chapter 682 unless specifically defined herein to have a different meaning. Other specific definitions include: "ASA Plan" - The Marion County Ambulance Service Area Plan. "City" - The City of Woodburn "Franchise" - A privilege granted by the City pursuant to this ordinance. "Grantee" - The person granted a franchise pursuant to this ordinance. Section 4. Franchise Granted. The City hereby grants unto Woodburn Ambulance Service, Inc. the franchise, right and privilege, subject to such modifications as are hereinafter set forth, to operate an ambulance service within the corporate limits of the City of Woodburn, as such limits now exist or may hereafter be expanded. For the purpose of the franchise, Grantee shall have the right to use the public streets, alleys, public ways and places of the City to provide emergency transportation of persons suffering from illness, injury or disability. This Franchise is not exclusive, and the City reserves the right to grant a similar use of public streets, alleys, public ways and ---PAGE BREAK--- FRANCHISES ORDINANCE NO. 2494 PAGE 2 places to any other person at any time during the period of this Franchise, provided said person complies with the regulations of the ASA Plan and with Oregon state law. Section 5. Franchise Term. The rights, privilege and Franchise herein granted shall be valid for a period of ten (10) years following the effective date, or until expiration of any franchise or designation of service area granted pursuant to the ASA Plan, whichever occurs first. If the ten year period described herein occurs first, the term of this franchise may be extended, by ordinance, to a subsequent date coinciding with the expiration of any franchise granted pursuant to the ASA Plan, provided that a finding is made by the City that Grantee has fully complied with the terms and provisions of this Franchise and remains in good standing in respect to any such franchise granted pursuant to the ASA Plan. Section 6. Rates and Charges. Grantee shall furnish ambulance service within the corporate limits of the City of Woodburn as requested and required in a prompt, efficient and effective manner; and in accordance with rates and charges made to persons receiving ambulance service as set forth by Council Resolution 1985. In determining the appropriate rates to be charged by Grantee, the City Council shall consider, but not be limited to: The current and projected cost of providing such service; The impacts of operating and capital needs, regulatory compliance, and technological change; The investment and rate of return required of, or earned by, the Grantee; The rates charged in other cities for similar service; The public interest in assuring reasonable rates to enable the Grantee to provide effective and efficient services. Section 7. Compliance with Laws, Rules and Regulations. Grantee shall at all times comply with all applicable laws, rules and regulations of the United States of America, the State of Oregon, including all agencies and subdivisions thereof, and the City of Woodburn, having jurisdiction over the operation of ambulance services. Section 8. Performance Bond. Upon the effective date of this Franchise, Grantee shall furnish proof of the posting of a performance bond running to City, with good and sufficient surety approved by City, in the penal sum of $50,000, conditioned that Grantee shall well and truly observe, fulfill, and perform each term and condition of this Franchise. Grantee shall pay all premiums charged for the bond, and shall keep the bond in full force and effect at all times throughout the term of this Franchise. The bond shall contain a provision that it shall not be terminated or otherwise allowed to expire without 30 days prior written notice first being given to City. The bond shall be reviewed and approved as to form by the City Attorney. Section 9. Revision of Rates and Fees. The rates provided in Section 6 hereof, may be changed and revised, either upward or downward, after public notice and ---PAGE BREAK--- FRANCHISES ORDINANCE NO. 2494 PAGE 3 hearing before the City Council. Grantee is permitted to request a rate review and possible increases in rates annually, but the decision to grant or deny any changes in rates shall be made by the City Council only after all other provisions of this Ordinance pertaining to rates and charges have been met. Section 10. Franchise Fee. For the privilege of the Franchise herein granted, and as compensation for use of the City's streets and rights of way, the Grantee shall pay to the City, through its Finance Director, a quarterly Franchise Fee based on the Franchisee’s gross revenue derived from calls for service within the City of Woodburn’s city limits for the calendar year ended the previous December 31. The quarterly Franchise Fee will be calculated as one percent of the Franchisee’s gross revenue earned in Woodburn divided by four The Franchise Fee shall be due and payable no later than thirty (30) days following the end of each calendar quarter. The first such payment, for the fourth calendar quarter of 2012, shall be due and payable no later than January 30, 2013, with subsequent payments under this section due and payable no later than thirty (30) days following the end of each succeeding calendar quarter. To facilitate the City's ability to properly monitor this Franchise, Grantee shall furnish to the City's Finance Director, no later than May 31st of each year, a detailed annual statement, signed by a Certified Public Accountant, outlining the nature of Grantee's revenues and expenditures during the preceding calendar year. If requested in writing by the City, the Grantee shall, upon provision of reasonable advance notice, permit the City's Finance Director, or designee, to examine the books of the Grantee. The City shall further have the right to audit Grantee’s records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities. Section 11. Ambulance and Equipment Required. All patient transporting vehicles in the City of Woodburn shall conform to the State of Oregon requirements of ORS Chapter 682 and be licensed for an Advanced Life Support (ALS) unit as defined by The Oregon Administrative Rules. All ALS and BLS vehicles shall maintain the minimum equipment prescribed by state law, and as may be further required under the ASA Plan. Grantee shall provide a minimum of two operable and properly equipped ALS Units at all times. Section 12. Emergency Radio Communications. Grantee shall equip all vehicles and comply with all emergency radio communications requirements of the ASA Plan or of the Intergovernmental Agreement creating the NORCOM emergency communications agency. Section 13. Levels of Care. All ambulances answering 9-1-1 emergency calls originating in the City of Woodburn shall be ALS Level, with minimum staffing of one EMT- Paramedic and one EMT-Basic. Staffing shall further conform to the requirements of state law. Section 14. Insurance. Grantee shall maintain in full force and effect at its own cost and expense, during the term of the Franchise, Comprehensive General Liability Insurance in the amount of $1,000,000 combined with a single limit for bodily injury, and property damage. Grantee shall provide to the Finance Director a Certificate of ---PAGE BREAK--- FRANCHISES ORDINANCE NO. 2494 PAGE 4 Insurance designating the City of Woodburn as an additional insured. Such insurance shall be noncancellable except upon thirty (30) days prior written notice to the City. Section 15. Business Hours. Grantee shall make available said ambulance services within the City 24 hours per day, seven days per week; and shall maintain a business office with reasonable office hours, open to the public at least five days per week, excluding holidays, within the corporate limits of the City of Woodburn. Section 16. Record of Transport Calls. Grantee shall keep for five years a written record of all transport calls received or made, setting forth the date, time, destination, nature of call, name and address of the patient so far as can be ascertained, the hospital or place to which the patient was taken, the names of all ambulance attendants for that particular call, along with the amounts of charges billed or collected from any such transport or service. Section 17. Alternative Ambulance Service. The Woodburn Fire District, NORCOM, or any other public safety officer may call an ambulance service other than the Grantee if Grantee's ambulances are otherwise in use and unavailable. Section 18. Transfer of Franchise. Grantee shall not sell, assign, dispose of or transfer in any manner whatsoever any interest in this Franchise, nor the controlling company of Grantee, without prior approval by the City expressed by resolution of its City Council. Section 19. Indemnity and Hold Harmless. Grantee shall defend, indemnify, and hold the City of Woodburn, its officers, agents and employees, harmless against all liability, loss or expenses, including attorney's fees, and against all claims, actions or judgments based upon or arising out of damage or injury (including death) to persons or property caused by any act or omission or an act sustained in connection with the performance of Grantee under its Franchise. Section 20. Interruption of Service. Notwithstanding any requirements contained in the ASA Plan, in the event the City finds that failure or threatened failure of ambulance service would adversely impact the health, safety or welfare of the residents of this city, the City Council may, after a minimum of 24 hours notice to the Grantee, hold a public hearing and authorize another Franchisee or other person to provide ambulance service, whether it be on an interim emergency or longer term basis. As a condition to this Franchise, the Grantee agrees that any real property, facilities or equipment, which is the property of Grantee, may be used by the City to provide ambulance services during said situation, as determined by the findings of the City Council at the above-mentioned public hearing. The City shall return any such property of the Grantee upon abatement of the situation which prompted City use of such property. In the event the City's power and authority under this section is exercised, the usual charges for service shall prevail and Grantee shall be entitled to collect for such usual services, but shall reimburse the provider of such ambulance services for its actual costs, as determined by the City. In no event shall the City collect more in reimbursement than could have been charged by Grantee for the provision of such services. In the event that the City and Grantee are unable to agree to reasonable and proper compensation ---PAGE BREAK--- FRANCHISES ORDINANCE NO. 2494 PAGE 5 for reimbursement for such services to the City in such situation, then each party shall name an arbitrator within ten (10) days of notice thereof, and such arbitrators shall, within five days thereafter, name a third arbitrator, and the award or decision of such arbitrators as to the aforesaid matters shall be deemed conclusive upon the parties hereto as to any such matters in dispute. In the event that either party hereto, or the arbitrators chosen, shall fail or neglect to comply with the terms of this arbitration agreement, then the same shall be carried into effect in the manner and as provided by ORS 36.600 through 36.740. Section 21. Termination of Franchise. This Franchise may be canceled or revoked by the City in the event that Grantee shall fail to abide by the terms, conditions, and obligations set forth and imposed upon it herein, but such cancellation or revocation shall not be made until after thirty (30) days' written notice is given to Grantee. Grantee shall be afforded a hearing, before the City Council, provided such hearing is requested in writing before the expiration of the 30 days. Grantee shall also have the privilege of terminating this Franchise in case the City of Woodburn shall not abide by its terms, on the same terms and conditions described above, upon satisfactory demonstration to the City Council that the City has not so abided. Section 22. Remedies Not Exclusive. All remedies under this Ordinance, including termination of the Franchise, are cumulative, and recovery or enforcement of one is not a bar to the recovery or enforcement of any other remedy. Remedies contained in this ordinance, including termination of the Franchise, are not exclusive and the City reserves the right to enforce penal provision of any ordinance and also use any remedy available at law or in equity. Failure to enforce any provision of this ordinance shall not be construed as a waiver or a breach of any other term, condition or obligation of this ordinance. Section 23. Evaluation of Service. Grantee shall meet with the City Administrator and other City officials and staff annually or semi-annually, as requested by the City Administrator, to evaluate the service rendered under this Franchise or review any concern as may be existing with the ambulance service. Section 24. Severability. The provisions of this ordinance are severable. If a portion of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. Section 25. Repeal of Existing Ordinances. Ordinance 2324 is hereby repealed on the effective date of this ordinance. Section 26. Acceptance. Grantee shall, within thirty (30) days from the date this ordinance takes effect, file with the City its written unconditional acceptance of this franchise in the form attached hereto as Exhibit and if Grantee fails to do so, this ordinance shall be void. Section 27. [Emergency clause and effective date.] Passed by the Council September 24, 2012 and approved by the Mayor September 26, 2012. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2524 PAGE 1 ORDINANCE NO: 2524 AN ORDINANCE GRANTING A NON-EXCLUSIVE GAS UTILITY FRANCHISE TO NORTHWEST NATURAL GAS COMPANY, AND FIXING TERMS, CONDITIONS AND COMPENSATION OF SUCH FRANCHISE; PROVIDING AN EFFECTIVE DATE; REPEALING ORDINANCE 2376; AND DECLARING AN EMERGENCY [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions and Explanations. As used in this Ordinance. "City” means the City of Woodburn and the areas within its boundaries, including its boundaries as extended in the future. “Council" means the legislative body of the City. “Grantee” means the corporation referred to in Section 2 of this ordinance. “Gas” means natural methane-based gas. “Gas Facilities” means Grantee's Gas transmission and distribution facilities, including pipes, pipe lines, mains, laterals, conduits, feeders, regulators, reducing and regulating stations, meters, fixtures, connections and all attachments, appurtenances, and all accessories necessary and incidental thereto located within the City limits, whether the facilities are located above or below ground. "Person" includes an individual, corporation, association, firm, partnership and joint stock company. “Public Place" means any City-owned property within the City that is open to the public that is not a Right-of-Way, including public squares and parks. “Qualified Contractor” means a Person that is knowledgeable about the construction and operation of a natural gas transmission and distribution system, and must be subject to and comply with the qualifying standards as it relates to the work in question, set forth in 49 CFR Part 192, Subpart N – Qualification of Pipeline Personnel. Additionally, this Person must adhere to all applicable requirements of NW Naturals Quality Assurance program and Contractor Management group. “Right-of-Way “ means the space in, upon, above, or under the public, streets, roads, highways, lanes, courts, ways, alleys, boulevards, sidewalks, bicycle lanes, bridges, and places used or intended to be used by the general public for travel as the same now or may hereafter exist, that the City has the right to allow Grantee to use. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2524 PAGE 1 As used in this ordinance, the singular number may include the plural and the plural number may include the singular. Section 2. Rights Granted. Subject to the conditions and reservations contained in this ordinance, the City hereby grants to NORTHWEST NATURAL GAS COMPANY, a corporation, the right, privilege and franchise to: Construct, maintain and operate a natural gas utility system within the City; Install, maintain and operate gas facilities on, in and under the Right-of-Way of the City, residents, agencies and businesses in the City and to territory beyond the limits of the City; and Transmit, distribute and sell gas within the City and to territory beyond the limits of the City. The rights granted herein shall not confer on Grantee any right, title or interest in any public way beyond that expressly conferred by the provisions of this Section 2, nor shall it confer any right or privilege to use or occupy any other property of the City or any other entity. Section 3. Use of Rights-of-Way by Grantee. Before the Grantee may use or occupy any Right-of-Way, the Grantee shall first obtain permission from the City to do so and shall comply with any special conditions the City may impose on such use or occupation. The compensation paid by Grantee for this franchise includes all compensation for the use of Right-of-Way located within the City as authorized. The City may charge additional compensation for the use of any public place. Section 4. Duration. This franchise is granted for a period of 10 years from and after the effective date of this ordinance. Section 5. Franchise Not Exclusive. This franchise is not exclusive, and shall not be construed as a limitation on the City in: Granting rights, privileges and authority to other persons similar to or different from those granted by this ordinance. Constructing, installing, maintaining or operating any City-owned public utility. Section 6. Public Works and Improvements Not Affected by Franchise. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2524 PAGE 1 The City reserves the right to: Construct, install, maintain and operate any public improvement, work or facility in, on or over the Right-of-Way. Do any work that the City may find desirable on, over or under any Right-of-Way. Vacate, alter or close any street. Whenever the City shall vacate any Right-of- Way or Public Place for the convenience or benefit of any person or governmental agency or instrumentality, Grantee's rights under this franchise shall be preserved as to any of its Gas Facilities then existing in the Right-of-Way or Public Place if reasonably practicable. To the extent Grantee's rights in the Right- of-Way cannot be preserved in any street vacation, City shall where reasonably practicable provide an alternative Right-of-Way for the location of Grantee's Gas Facilities. If Grantee’s Gas Facilities must be relocated from a vacated Right-of- Way, the petitioners of such vacation shall bear the costs of relocating the Gas Facilities. Upon receipt of a notice of a petition for vacation, Grantee shall as soon as practicable investigate and advise the City and petitioners in writing whether the Gas Facilities must be relocated, the estimated costs of relocation and the time needed for this relocation. Whenever the City shall perform, cause or permit any work in any present or future Right-of-Way of the City on its behalf, where such work may disturb Grantee’s Gas Facilities, the City shall, or require its permittee to, notify Grantee in writing, sufficiently in advance of such contemplated work to enable Grantee to take such measures, as Grantee may deem necessary to protect such facilities, at its own expense. Section 7. Continuous Service. Grantee shall maintain and operate an adequate system for the distribution of gas in the City. Grantee shall use due diligence to maintain continuous and uninterrupted 24-hour a day service which shall at all times conform at least to the standards common in the business and to the standards adopted by state authorities and to standards of the City which are not in conflict with those adopted by the state authorities. Under no circumstances shall Grantee be liable for an interruption or failure of service caused by an act of God, unavoidable accident or other circumstances beyond the control of Grantee through no fault of its own. Section 8. Safety Standards and Work Specifications. The Gas Facilities of Grantee shall at all times be maintained in a safe, substantial and workmanlike manner. For the purpose of carrying out the provisions of this section, the City may provide such specifications relating thereto as may be necessary or convenient for public safety or the orderly development of the City. The City may amend and add to such specifications from time to time. Section 9. Control of Construction. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISES ORDINANCE NO. 2524 PAGE 1 Before commencing any construction, extension or relocation of facilities in a City Right-of-Way, Grantee shall file with the City drawings, in such form as may be acceptable to the City Engineer, showing the location of existing facilities and facilities to be constructed, maintained, or relocated and shall obtain from the City approval of the location and plans prior to commencement of the work. All work done within a City Right-of-Way shall be done in the location approved by the City Engineer and in accordance with plans and specifications approved by the City Engineer. The City Engineer's approval of the plans and specifications may include conditions and the conditions shall be binding on Grantee. Such construction work shall be done in a safe manner subject to the approval of the City Engineer and in accordance with requirements of applicable federal and state laws and City ordinances. All work done shall be subject to the rejection or correction requirements of the City Engineer and subject to the City Engineer's approval. Section 10. Street Excavations and Restorations. Subject to the provisions of this ordinance, the Grantee or its subcontractor may make necessary excavations for the purpose of constructing, installing, maintaining and operating its Gas Facilities. In all circumstances pertinent to this agreement, any action by Grantee’s subcontractors shall be the responsibility of Grantee. Any subcontractor of Grantee shall be bound to the requirements of this agreement. Except in emergencies, and in the performance of routine service connections and ordinary maintenance, on private property, prior to making an excavation in the traveled portion of any Right-of-Way, and, when required by the City, in any untraveled portion of any Right-of-Way, Grantee shall obtain from the City approval of the proposed excavation and of its location. Grantee shall give notice to the City by telephone, electronic data transmittal or other appropriate means prior to the commencement of service or maintenance work and as soon as is practicable after the commencement of work performed under emergency conditions. When Grantee does any work in the unimproved portion of a Right-of-Way, Grantee or its subcontractor, shall restore the affected portion of Right- of-Way to the same condition in which it was prior to the excavation. When Grantee does any work in an improved portion of a Right-of-Way, Grantee or its subcontractor shall restore the affected portion of the Right-of-Way in compliance with the conditions in any permit issued by the City or any specifications, requirements and regulations of the City in effect at the time of the work. All work done shall be subject to the rejection and correction requirements of the City Engineer's approval. If Grantee or its subcontractor fails to restore the affected portion of a right-of-way in accordance with City Standard Construction specifications in effect at the time of the work, the City may make the restoration, and the cost thereof shall be paid by Grantee. Section 11. Location and Relocation of Facilities. ---PAGE BREAK--- ORDINANCE NO. 2524 PAGE 1 WOODBURN ORDINANCE COMPILATION FRANCHISES All Gas Facilities of Grantee shall be placed so that they do not interfere unreasonably with the use of the Right-of-Way by the City and the public and in accordance with any specifications adopted by the City governing the location of facilities. The City may require the removal or relocation, temporarily or permanently, of facilities maintained by Grantee in the streets of the City. Grantee shall remove and relocate such facilities within 120 days after receiving notice so to do from the City. The cost of such removal or relocation shall be paid by Grantee; however, in the event that the removal, relocation, change or alteration is needed to accommodate private development or other private use of the Right-of-Way, the developer or other private party requiring the action shall be responsible for the cost of removal, relocation, change or alteration. Construction of public improvements by a private party within the Right-of-Way as a condition of City approval shall be considered installation of public improvements of the City if the improvement is not needed to provide service to the private party. In the event of a dispute as to whether the removal, relocation, change or alteration is a public improvement or accommodates private development, the dispute shall be referred to the City Administrator, whose decision shall be final and binding. Section 12. Compensation. As compensation for the franchise granted by this ordinance, the Grantee shall pay to the City an amount equal to three percent of the gross revenue collected by the Grantee from its customers for gas consumed within the City. “Gross Revenues” means revenues received from the use of the Gas Utility System within the City Limits less related net uncollectibles. Gross revenues shall include revenues from the use, rental, or lease of the Gas Facilities, except when those revenues have been paid to Grantee by another franchisee of the City and the paid revenues are used in the calculation of the franchise fee for the operations of the other franchisee within the City Limits. Gross revenues shall not include revenues derived from the sale and transportation of gas supplied under an interruptible tariff schedule and revenues paid directly by the United States of America or any of its agencies. Gross revenues shall not include proceeds from the sale of bonds, mortgage, or other evidence of indebtedness, securities or stocks, or sales at wholesale by Grantee to any public utility or public agency when the public utility or public agency purchasing the gas is not the ultimate customer. Gross Revenues will also not included public purpose charges, provided that such charges or surcharges are required or authorized by federal or state statute, administrative rule, or by tariff approved by the OPUC and raise revenue used solely for a public purpose and not to compensate Grantee for the sale or use of natural gas or for the use, rental, or lease of Grantee’s Gas Facilities in the City. The City shall retain the right, as permitted by Oregon Law, to charge a privilege tax in addition to the franchise fee set forth herein based on the Gross Revenues of the company, payable on the same terms and conditions as the franchise fee itself. ---PAGE BREAK--- ORDINANCE NO. 2524 PAGE 1 WOODBURN ORDINANCE COMPILATION FRANCHISES The compensation required by this section shall be due for each calendar year, or fraction thereof, within thirty (30) days after the close of such calendar year, or fraction thereof. Within thirty (30) days after the termination of this franchise, compensation shall be paid for the period elapsing since the close of the last calendar year for which compensation has been paid. Grantee shall furnish to the City Finance Director with each payment of compensation required by this section a written statement, showing the amount of Gross Revenue of the Grantee within the City for the period covered by the payment computed on the basis set out in subsection of this section. If Grantee fails to pay the entire amount of compensation due the City through error or otherwise, the difference due to City shall be paid by the Grantee within fifteen (15) days from discovery of the error or determination of the correct amount. Any overpayment to the City through error or otherwise, shall be offset against the next payment due from Grantee. Acceptance by the City of any payment due under this section shall not be deemed to be a waiver by the City of any breach of this franchise occurring prior to the acceptance, nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due, or from collecting any balance due to the City. Section 13. Book of Account and Reports. On an annual basis, upon thirty (30) days prior written notice, the City or its agent shall have the right to conduct an audit or review of Grantee’s records reasonably related to the administration or enforcement of this ordinance. All amounts of Franchise Fees paid by Grantee shall be subject to audit or financial review by the City, provided that only payments that occurred or should have occurred during a period of thirty-six (36) months prior to the date the City notifies the Grantee of its intent to perform an audit or financial review. If an audit or review of the records determines that franchise fees have been underpaid by more than 5% of the amount that should have been paid, Grantee shall reimburse the City for the total cost of the audit or review within thirty (30) days of City's written demand for same. All amounts underpaid shall accrue interest at the statutory rate from the effective date of the underpayment. Section 14. Classification of Fees. The City Council determines that any fees imposed by this franchise are not taxes subject to the property tax limitations of Article XI, Section 11(b) of the Oregon Constitution. Section 15. As-Built Drawings. Subject to the confidentiality limitations of this section, Grantee shall make available to City at an office in Oregon within 100 miles of Woodburn, available maps of the location of its Gas Facilities and operational data requested by the City. The Grantee shall also make available as-built plans for those portions of the system that are added to or modified during the year. These records are submitted in confidence, and the City will keep those records in confidence and not allow others to view or copy them. The City agrees to keep the documents confidential and to take the position that they are exempt from public disclosure. The City shall limit access to the as-built drawings to City employees ---PAGE BREAK--- ORDINANCE NO. 2524 PAGE 1 WOODBURN ORDINANCE COMPILATION FRANCHISES or City contractors with a need to know where the Grantee's Gas Facilities are located and shall review the as-built drawings only as necessary to plan City projects, coordinate the use of the Right-of-Way, and to protect the public health and safety. Section 16. lndemnification. Grantee shall indemnify and save harmless the City and its officers, agents and employees from any and all loss, cost and expense arising from damage to property and/or injury to, or death of, persons due to any wrongful or negligent act or omission of Grantee, its agents or employees in exercising the rights, privileges and franchise hereby granted. Section 17. Sale or Assignment of Franchise. Grantee shall not during the term of this Franchise sell, assign, transfer or convey this franchise without first obtaining the consent of the City Council, by ordinance, which consent shall not be unreasonably withheld. All of the provisions of this ordinance shall inure to and bind the successors and assigns of the Grantee. Whenever Northwest Natural shall be mentioned in this ordinance, it shall be understood to include such successors or assigns in interest of Northwest Natural as shall have been so consented to by the City Council. Section 18. Termination of Franchise for Cause. The City may terminate this franchise as provided in this Section, subject to Grantee's right to a court review of the reasonableness of such action, upon the willful failure of the Grantee to perform and completely each and every material term, condition or obligation imposed upon it under or pursuant to this ordinance. The City shall provide the Grantee written notice of any such failure and the Grantee shall have sixty (60) days from receipt of notice to cure such failure, or if such failure cannot reasonably be cured within sixty (60) days, to commence and diligently pursue curing such failure. Section 19. Renegotiation of the Franchise. If the State of Oregon or the PUC amends or adopts a state statute or administrative rule that would affect a term, condition, right or obligation under this agreement, either party may reopen the franchise agreement at any time with regard to such term, conditions, right or obligation in order to address the change required or allowed by the new or amended state statute or administrative rule. Section 20. Remedies Not Exclusive, When Requirement Waived. All remedies and penalties under this ordinance, including termination of the franchise, are cumulative, and the recovery or enforcement of one is not a bar to the recovery or enforcement of any other such remedy of penalty. The remedies and penalties contained in this ordinance, including termination of the franchise, are not exclusive and the City reserves the right to enforce the penal provisions of any ordinance or resolution and to avail itself of any and all remedies available at law or in equity. Failure to enforce shall not be construed as a waiver of a breach of any term, condition or obligation imposed upon the Grantee by or pursuant to this ordinance. A specific waiver of a particular breach of any term, condition or obligation imposed upon Grantee by or ---PAGE BREAK--- ORDINANCE NO. 2524 PAGE 1 WOODBURN ORDINANCE COMPILATION FRANCHISES pursuant to this ordinance shall not be a waiver of any other or subsequent or future breach of the same or of any other term, condition or obligation, or a waiver of the term, condition or obligation itself. Section 21. Acceptance. The Grantee shall, within thirty (30) days from the date this ordinance takes effect, file with the City its written unconditional acceptance of this franchise, and if the Grantee fails to do so, this ordinance shall be void. Section 22. Prior Ordinance Repealed. Ordinance 2376 is hereby repealed. Section 23. [Emergency clause and effective date.] Passed by the Council October 27, 2014 and approved by the Mayor October 29, 2014. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 ORDINANCE NO. 2552 AN ORDINANCE REGULATING SOLID WASTE MANAGEMENT INCLUDING, WITHOUT LIMITATION, GRANTING AN EXCLUSIVE SOLID WASTE FRANCHISE TO UNITED DISPOSAL SERVICE, INC., AN OREGON CORPORATION, dba REPUBLIC SERVICES OF MARION COUNTY – WOODBURN; ESTABLISHING SERVICE STANDARDS AND ESTABLISHING PUBLIC RESPONSIBILITY; PRESCRIBING PENALTIES; AND REPEALING ORDINANCE 2460 (as amended by Ordinance 2554) THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1 - Introduction 1.1 Short Title. This ordinance shall be known as the “Solid Waste Management Ordinance,” and may be cited herein as “this Ordinance.” 1.2 Purpose and Policy. In order to protect the health, safety and welfare of the people of the City of Woodburn, it is the public policy of the City of Woodburn to regulate and to provide a solid waste management program. 1.3 Solid Waste Management Goals. 1.3.1 Ensure the safe and sanitary accumulation, storage, collection, transportation and disposal or resource recovery of solid wastes. Ensure proper handling of household hazardous waste, ensure that the community has an ongoing resource recovery and disposal service, and ensure that waste shed recycling goals are met. 1.3.2 Promote technologically and economically feasible resource recovery including source separation, recycling and reuse, and separation by and through the collector. Research, develop and promote waste reduction strategies. 1.3.3 Ensure efficient, economical and comprehensive solid waste service. Maximize collection services to reduce the adverse environmental impacts of individual collection and disposal efforts. Minimize duplication of service or routes to conserve energy and material resources, to reduce air pollution and truck traffic, and to increase efficiency, thereby minimizing consumer cost, street wear, and public inconvenience. 1.3.4 Protect and enhance the public health and the environment. 1.3.5 Protect against improper and dangerous handling of hazardous and infectious wastes. 1.3.6 Ensure service rates and charges that are just and reasonable and adequate to provide necessary public services. 1.3.7 Provide for charges to the users of solid waste services that are reasonable, equitable, and adequate to provide necessary service to the public, justify investment in solid waste management systems, and provide for equipment and systems modernization ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 to meet environmental and community service requirements. 1.3.8 Prohibit discrimination on the basis of race, color, creed, religion, sex, age, and national origin, source of income, political affiliation, disability, sexual orientation, or marital status. 1.3.9 Work in cooperation with the City of Woodburn, Marion County, and local industries to reduce the quantity of waste produced, increase recycling, generate efficiencies, and conserve resources. 1.3.10 Demonstrate a responsive, customer-service oriented business philosophy. 1.4 Definitions. For the purpose of the ordinance, the following terms shall have the following meaning: “Applicable Law” means any applicable law (whether statutory or common), including ordinances, regulations, rules, governmental orders, governmental decrees, judicial judgments, and requirements of any kind and nature promulgated or issued by any governmental authority claiming or having jurisdiction. “Bin” means container provided by Franchisee, used by customers for the containment and disposal of recyclable material. “Can” means container owned by a customer, used for the containment and disposal of solid waste. The customer’s use of a can requires manual collection. “Cart” means container provided by Franchisee, used by a customer for the containment and disposal of solid waste or recyclable material. The customer’s use of a cart requires automated collection service. “City” means the City of Woodburn, Oregon, and the area within its boundaries including its boundaries as extended in the future and all property owned by the City, outside City limits. “City Administrator” means the City Administrator or his/her designee. “City Council” means the legislative body of the City. “Compact and Compaction” means the process of, or to engage in the shredding of material, or the manual or mechanical compression of material. “Compensation” means consideration of any kind paid for solid waste management services, including but not limited to, the direct payment of money, including the proceeds from resource recovery or the provision of solid waste services to customers. “Container” means can, cart, bin, drop box, receptacle, or other vessel used for the disposal of solid waste, recyclable material or yard waste that has been approved ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 by the City Administrator and into which solid waste, recyclable material or yard debris may be placed for collection. “Dispose or Disposal” means the accumulation, storage, discarding, collection, removal, transportation, recycling or resource recovery of solid waste. “Drop Box” means a single container designed for storage and collection of large volumes of solid waste or wastes or recyclable materials, which is usually ten cubic yards or larger in size, and provides for transportation of large volumes of solid waste or recyclable materials and is transported to a disposal or processing site for transfer, landfilling, recycling, materials recovery or utilization and then emptied and returned to either its original location or to some other location. “Excluded Waste” means hazardous waste; household hazardous waste; infectious waste; toxic substances, wastes or pollutants; contaminants; pollutants; or radioactive wastes. “Franchisee” means 40T41TUNITED DISPOSAL SERVICE, INC., AN OREGON CORPORATION, dba REPUBLIC SERVICES OF MARION COUNTY – WOODBURN”40T41T granted a franchise pursuant to Section 2 of this Ordinance or a subsequent ordinance. “Generator” means the person who produces solid waste or recyclable material to be placed, or that is placed for collection and disposal. As used in this Ordinance, “generator” does not include any person who manages an intermediate function resulting in the alteration or compaction of the solid waste or recyclable material after it has been produced by the generator and placed for collection. “Hazardous Waste” means, but is not limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery Act, and including future amendments thereto, and any other Applicable Law including, but not limited to, any hazardous wastes as defined by ORS 466.005 “Holidays” means legal holidays observed by the City of Woodburn. “Household Hazardous Waste” means any discarded or unwanted chemical, material, substance or product that is or may be hazardous or toxic to the public or the environment, is commonly used around households and is generated by the household. “Infectious Waste” means biological waste, cultures and stocks, pathological waste, and sharps, or as infectious waste is defined in ORS 459.386. “Mixed Recycling” means the process where two or more types of recyclable materials are collected together not separated) in a combination allowed by the City Administrator, and as approved by the Oregon Department of Environmental Quality. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 “Persons” means any individual, partnership, business, association, corporation, cooperative, trust, firm, estate, joint venture or other private entity or any public agency. “Pilot Program” means a program which allows Franchisee to offer services on a trial basis for six months or less and to determine rates for such services outside the approved rate structure. City Council approval is required prior to implementation of a pilot program. “Placed for Collection” means to put solid waste, recyclable material or yard debris out for collection by Franchisee, as provided by this Ordinance. “Public Place” means any City-owned park, place, facility or grounds within the City that is open to the public, but does not include a street or bridge. “Public Rights-of-Way” means, without limitation, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, park strips and all other public ways or areas, including subsurface and air space over these areas. “Putrescible Material” means organic materials that can decompose, which may create foul-smelling, offensive odors or products. “Rate” means the amount approved by the City Council as a charge for service rendered and charged by Franchisee, including the franchise fee, to users of the service. “Recyclable Material” means any material or group of materials that can be collected and sold for recycling at a net cost equal to or less than the cost of collection and disposal of the same material and excludes excluded waste. “Recycling” means any process by which solid waste is transformed into new or different products in such a manner that the original products may lose their original identity. As used in this Ordinance, recycling includes the collection, transportation and storage of solid waste, done in order to place the solid waste in the stream of commerce for recycling; or for resource recovery. “Resource Recovery” means the process of obtaining useful material or energy resources from solid waste, including reuse, recycling, and other material recovery or energy recovery of or from solid wastes. “Service” means the collection, transportation, storage, transfer, or disposal of or resource recovery from solid waste by Franchisee. It also includes, without limitation, collection or source separated materials for compensation. “Service” includes the providing of “Special Service” as defined below. “Solid waste” means all useless or discarded putrescible and non-putrescible materials, including but not limited to garbage, rubbish, refuse, ashes, paper, ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 cardboard, sewage sludge, septic tank and cesspool pumpings, or other sludge, useless or discarded commercial, industrial, demolition, and construction materials, discarded or abandoned vehicles or parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and dead animals as defined in ORS 459.386. Solid waste does not include excluded waste. “Solid Waste Management” means the business of collection, transportation, storage, treatment, utilization, processing, disposal, recycling and resource recovery of solid waste. “Source Separation” means the separation of waste materials by the generator in preparation for recovery by recycling or reuse. “Special Service” means collection of bulky waste, including furniture, appliances and large quantities of waste. “Total Source Separation” means the complete separation by the source generator or producer of the waste by type or kind of waste from all other types or kinds of waste. “Train System” means a group of small containers (typically 1-2 cubic yard capacity) placed in various locations around a customer’s property, by the customer and once full, either linked together or placed upon a trailer for transport and disposal to a larger container or compactor on the premises. “Waste” means any material that is no longer wanted by or is no longer usable by the generator, producer or source of the material, which material is to be disposed of or to be resource-recovered by another person. Even though materials which would otherwise come within the definition of “waste” may from time to time have value and thus be resource-recovered does not remove them from this definition. Source-separated wastes are “wastes” within this definition. “Yard Debris” means grass clippings, leaves, tree and shrub prunings of no greater than four inches in diameter, or similar yard and garden vegetation. Yard Debris does not include dirt, sod, stumps, logs or tree/shrub prunings larger than four inches in diameter. Section 2 - Grant of Authority and General Provisions 2.1 Franchise. Subject to the conditions and reservations contained in this ordinance, the City Council hereby grants to 40T41TUNITED DISPOSAL SERVICE, INC. , AN OREGON CORPORATION, dba REPUBLIC SERVICES OF MARION COUNTY – WOODBURN”,”40T41T the exclusive right, privilege, and franchise to collect, dispose, sell and transport solid waste and recyclable material generated as of the effective date of this ordinance within the corporate limits of the City of Woodburn and in any area that may thereafter be annexed to the City. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 2.2 Exceptions. Unless accepted by subsections below, or granted an exclusive franchise pursuant to this Ordinance, no person shall solicit customers for service, or advertise the providing of service, or provide service in the City. Nothing in this ordinance requires a franchise for the following: 2.2.1 The collection, transportation and reuse of repairable or cleanable discards by a private charitable organization regularly engaged in such activity. 2.2.2 The collection, transportation, and reuse or recycling of totally source- separated materials or operation of a collection center for totally source-separated materials by a religious, charitable, benevolent or fraternal organization, provided the organization is using the activity for fund raising. Organizations engaged in these activities shall make periodic reports in a form as the City Administrator may reasonably require. 2.2.3 The collection, transportation or redemption of returnable beverage containers under ORS Chapter 459A and that portion commonly known as the “Bottle Bill.” 2.2.4 The generator or producer who transports and disposes of waste created as an incidental part of regularly carrying on the business of auto wrecking to the extent licensed by the state of Oregon; janitorial service; septic tank pumping, sludge collection or disposal service; or gardening or landscape maintenance. “Janitorial service” does not include primarily collecting wastes generated by a property owner or occupant. 2.2.5 The transportation of solid waste by an individual, produced by such individual or the individual’s household, to a disposal site or resource recovery site. In the case of non- owner-occupied property, the waste is produced and owned by the tenant and not by the landlord, property owner or agent. 2.2.6 A contractor registered under ORS Chapter 701 for hauling waste created in connection with the demolition, construction, or remodeling of a building structure or in connection with land clearing and development. Such waste shall be generated by the contractor in connection with the contractor’s construction site and hauled in equipment owned by the contractor and operated by the contractor’s employees. 2.2.7 Government employees providing solid waste and recycling collection services to City operations and facilities. 2.3 Term. (a)This franchise ordinance and the rights and privileges granted herein shall remain in effect until February 26, 2026. (as amended by Ordinance 2635) Upon an affirmative finding based on its annual review of the material submitted pursuant to Sections 3.15 and 3.16, et. seq. of this agreement, at the end of the franchise term, the Council may add an additional year to the term of the franchise. The City Council may choose to not extend a franchise after seven years under this section for any reason. If the City Council chooses not to extend a ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 franchise, at least sixty days before the date that the franchise would otherwise expire, the City Council shall provide Franchisee with written notice of the City Council’s intent not to extend the franchise. Franchisee shall have thirty days from the date of the notice to request a public hearing. If, following the public hearing, the City Council reaffirms the decision not to extend the franchise term, the franchise shall expire at the end of its existing term, and shall not automatically be extended as provided in this section. Nothing in this subsection shall prevent a Franchisee from applying for a new franchise. Prior to the issuance or extension of a franchise, the City Council shall provide notice and opportunity for public comment. If the City Administrator determines service standards are not being met, the City Administrator may re-open this franchise for renegotiation. The terms of the franchise must be unconditionally accepted by 40T41TUNITED DISPOSAL SERVICE, INC., AN OREGON CORPORATION, d/b/a REPUBLIC SERVICES OF MARION COUNTY – WOODBURN”40T41T in writing, and signed by an officer of the corporation within 30 days after the date this ordinance is passed by the City. If 40T41TUNITED DISPOSAL SERVICE, INC., AN OREGON CORPORATION, d/b/a REPUBLIC SERVICES OF MARION COUNTY – WOODBURN” 40T41Tfails to do so, this ordinance shall be void. 2.4 Ownership of Waste. Unless otherwise stated, solid waste properly placed out for collection is the property of the Franchisee. Ownership of, and liability for, excluded waste remains with the generator and will not pass to Franchisee. Nothing in the Ordinance shall be construed as giving rise to any inference that Franchisee has title to or liability for excluded waste. 2.5 Infectious Waste. Franchisee is not required to store, collect, transport, dispose of or resource infectious waste. 2.6 Hazardous Waste. Except as otherwise provided in this ordinance, Franchisee is not required to store, collect, transport, dispose of or resource recover hazardous waste or excluded waste. 2.7 Separation of Waste. The City Council reserves the right to require the separation of component parts or materials in or from solid wastes, and to require the deposit thereof in containers or places and to prescribe the method of disposal or resource recovery. 2.8 City Authority. The City reserves the right to determine the services authorized by this franchise agreement. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 Section 3 - Community Standards for Collection and Disposal of Solid Waste and Recyclable Materials 3.1 Collection Standards. Collection of solid waste and recyclable material shall be performed in such a way as to comply with all Federal, State and local environmental regulations. In addition Franchisee shall: 3.1.1 Provide solid waste and recycling collection services to all persons living within or conducting business within the City limits of the City. 3.1.2 Collect putrescible material at least once each week. 3.1.3 Perform collections twice weekly in the business districts of the City, except Sundays and holidays. Downtown business district collection hours are 4:30 am to 6:30 am. Collection hours shall be scheduled to minimize noise and disruption to residents in or near the downtown business district. 3.1.4 Perform curbside collections of solid waste at least once weekly in residential districts or as often as required by ORS 459 and ORS 459.A. Collection hours shall be between the hours of 6:30 am and 5:30 pm, Monday through Friday. All collections shall be made as safely, efficiently and quietly as possible. 3.1.5 Perform curbside collections of recyclable materials at least bi-weekly or as often as required by ORS 459 and ORS 459.A. Collection of recyclable materials shall be made subject to the same requirements and within the same hours as those made for solid waste. 3.1.6 Provide collection of residential solid waste carts or cans, recyclable materials, and yard debris carts on the same day of the week. Franchisee shall not go into garages or other buildings to make pick-ups at residences, nor shall Franchisee go into closed areas, through enclosed gates, or up or down stairs to make pick-ups. 3.1.7 Provide will-call service for container service for residential and commercial customers within 48 hours of initial request for service. 3.1.8 Use due care to prevent solid waste from being spilled or scattered during collection. If any solid waste or recyclable material is spilled during collection, Franchisee shall clean up all spilled materials. All can/cart and container lids must be replaced after contents are emptied and the can/cart or container shall be returned to its original position so as to not jeopardize the safety of motorist, pedestrians or bicyclists. Franchisee shall also collect any solid waste or recyclable materials that may have been spilled or scattered prior to collection, in the immediate area of cans and carts. 3.1.9 Use reasonable care in handling all collection containers and enclosures. Damage caused by the negligence of Franchisee’s employees to private property, including landscaping, is the responsibility of Franchisee and shall be adjusted with the owner. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 3.1.10 Ensure that all solid waste and recycling collection operations shall be conducted as quietly as possible and shall conform to applicable Federal, State, County and City noise emission standards. Unnecessarily noisy trucks or equipment are prohibited. The City Administrator may conduct random checks of noise emission levels to ensure such compliance. 3.1.11 Determine, with approval of the City Administrator, the maximum allowable capacity of cans, carts or containers. If Franchisee refuses to service an overweight can, cart or container, a notice describing the problem must be provided. The notice shall include the name of Franchisee, employee, alternative solutions to resolve the problem and a local phone number for additional information. Franchisee must provide double the customer’s subscribed service level at no additional charge on the customer’s next scheduled collection day, if a special pick-up has not been requested in the meanwhile. If a special pick-up has been requested, Franchisee may charge the normal will-call rate. 3.1.12 Refuse specific residential collections, if access to a can, cart or container, is blocked by a vehicle. For purposed of this section, “blocked” shall be defined as parked immediately in front of, or at the curb within ten feet to either side of such containers. If Franchisee refuses to service a can, cart or container for this reason, a notice describing the problem must be provided. The notice shall include the name of Franchisee, employee, reason for collection refusal, solution for resolving the problem and a local phone number for additional information. Franchisee must provide double the customer’s subscribed service level at no additional charge on the customer’s next scheduled collection day, if a special pick-up has not been requested in the meanwhile. If a special pick-up has been requested, Franchisee may charge the normal will-call rate. 3.1.13 Offer unlimited vacation credits to customers who temporarily discontinue service in a calendar year for any period of two weeks or more. The customer must request the discontinuance no later than noon on the business day, excluding weekends, prior to the date of discontinuance. 3.1.14 Notify, in the event of permanent changes to the collection schedule, all affected customers within fourteen (14) calendar days of any change. Franchisee shall not permit any customer to go more than seven calendar days without service in connection with a collection schedule change. 3.1.15 Have the option to limit acceptable methods of payment. Franchise must, however, at a minimum, accept cash, personal checks, cashiers checks, money orders, and bank drafts, and provide for online payment with a credit card. 3.1.16 Have the option to refuse collection service upon non-payment of a billing or portion of a billing after account becomes 45 days past due, or upon refusal to pay required advance payments, delinquent charges, or charges associated with starting a new service. Franchisee may withhold collection services, providing at least a ten (10) day notice is given to subscriber. 3.1.17 Continue collection services except in situations beyond Franchisee’s control, including street or road blockages, riots, terrorist attacks, compliance with applicable laws ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 or governmental orders, inclement weather conditions, fires, floods, or other natural or man- made disasters. Adverse labor relations issues such as strikes or walk-outs shall be considered to be within the control of the franchisee and shall not prevent collection and disposal services as required by this ordinance. 3.1.18 Franchisee shall dispose of solid waste in the nearest disposal site permitted by the Oregon Department of Environmental Quality unless extraordinary circumstances apply. City Council reserves the right to approve any disposal site used by Franchisee. 3.2. Preventing Interruption of Service. In the event of an immediate and serious danger to the public creating a health hazard or serious public nuisance, the City Administrator may, after a minimum of 24 hours notice to Franchisee, authorize another person to temporarily provide emergency service under this ordinance or the City may elect to provide such service. Upon request of Franchisee, a public hearing shall be provided before the City Council and the decision to provide temporary service shall be reconsidered. Franchisee agrees as a condition to this franchise that any equipment used for the services provided under this franchise may be used to provide such emergency service. The City shall return any such property of Franchisee upon abatement of the health or nuisance hazards created by the general interruption of service. In the event the power under this section is exercised, the usual charges for service shall prevail and Franchisee shall be entitled to collect for such usual services, but shall reimburse the City for its actual costs, as determined by the City. 3.3 Recycling Standards. Recycling services shall include the following: 3.3.1 For residential customers with regular weekly solid waste service, provide on- route residential recycling service including one 65-gallon roll cart, one recycle bin and one yard debris cart or composter at no additional charge. Customers may, at their option, upgrade to a 95 gallon roll cart at no additional cost. Additional carts and bins for recycling shall be provided upon request at a cost not greater than the actual cost incurred by Franchisee. 3.3.2 For customers in single-family households, the following material at a minimum shall be picked up curbside once every other week on a designated collection day: newspapers, corrugated cardboard, brown paper bags, mixed paper consisting of household mail, paperboard, and magazines, glass bottles and jars, aluminum and tin, plastics, and aerosol cans. Batteries, oil, and latex paint shall also be collected every other week, but shall be segregated from other recyclable materials in a bin provided by the Franchisee for that purpose. 3.3.3 For apartments and other multi-family households and units requesting such service, the following material at a minimum shall be collected once each week on a designated collection day: newspapers, corrugated cardboard, brown paper bags, mixed paper consisting of household mail, paperboard, and magazines; and glass bottles and jars, aluminum and tin, plastics, and aerosol cans. Batteries, oil and latex paint shall also be collected weekly, but shall be segregated from other recyclable materials in a bin provided ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 by the Franchisee for that purpose. Materials shall be collected curbside or in a designated collection center in cooperation with the building owner or manager. 3.3.4 Yard debris carts for residential customers shall be picked up weekly on the same day as solid waste collection. Yard debris must be disposed at a compost/mulch facility registered with the Oregon Department of Environmental Quality. 3.3.5 Recycling-only customers shall be offered bins and be provided bi-weekly recycling service at a rate established by the City Council. 3.3.6 Commercial recycling service includes carts, recycle bins, and cardboard recycling containers and shall be provided at no additional charge. 3.3.7 For commercial customers, the following recyclable material, at a minimum, shall be collected once each week on a designated collection day: office paper and mail, corrugated cardboard, newspapers, paperboard, magazines, brown paper bags, wood, glass bottles and jars, aluminum and tin, plastic, and aerosol cans. Batteries, oil, and latex paint shall also be collected weekly, but shall be segregated from other recyclable materials in a bin provided by the Franchisee for that purpose. 3.3.8 For large quantities of cardboard, the frequency of pickup-service shall be determined by agreement between the generator and the collector. Agreements shall give due consideration to the volume of the material, storage capacity of generator, and generator’s location. 3.3.9 Franchisee must provide notice to customer if recyclable material placed at curbside is not collected due to improper preparation. Notice must include adequate explanation of refusal for collection, name of employee and local phone number for additional information. Franchisee shall leave notice securely attached to the customer’s bin or the customer’s front door. Employee shall collect any properly prepared material that is accessible. The purpose of the notice is to educate residents and increase program participation, and shall be written in such a manner as to accomplish this purpose. 3.3.10 Operate and maintain at least one collection center within the City limits that permits residents to deliver recyclables to the site. Collection center shall be open to the public between the hours of 8 am to 5 pm Monday through Friday, and 8 am to Noon on Saturdays. Said site shall accommodate at a minimum all recyclable materials collected at curbside, as well as scrap metal and other types of glass and plastic. Materials such as Styrofoam, textiles, and electronics shall be recycled when it is technologically or economically feasible to do so. 3.3.11 Facilitate a reuse program referring useable items to local thrift shops, resale shops, non-profit groups or others who may have a legitimate use for the item. Maintain a list of businesses and groups that submit requests for needed items, and provide this information to others as requested. 3.3.12 Research and develop improved recycling and reuse systems. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 3.4 Public Education. Franchisee shall provide the following public education and promotion of activities for waste reduction, recycling, reuse, and source separation, and cooperate with other persons, companies, or local governments providing similar services. Franchisee shall: 3.4.1 Provide a recycling information center within City limits, with local telephone access and information concerning collection schedules, recycling locations, recyclable material preparation, conservation measures, reuse programs, waste reduction strategies and on-site demonstration projects. Recycling information booths at appropriate community events shall also be provided by Franchisee to promote and increase recycling awareness and participation. 3.4.2 Provide recycling notification and educational packets for all new residential, commercial, and industrial collection service customers specifying the collection schedule, materials collected, proper material preparation, reuse programs, waste reduction strategies and recycling benefits. 3.4.3 Provide semi-annual informational/promotional pamphlets to residences and businesses in the City that include the materials collected and the schedule for collection. Information about waste reduction, reuse opportunities, proper handling and disposal of special wastes (household hazardous wastes) and the reduction of junk mail shall be included on a regular basis. Special community solid waste events, and the holiday tree removal program shall also be promoted when appropriate. Informational/promotional pamphlets shall be distributed to all mailing addresses within the City. 3.4.4 Maintain a website that allows customers to access information regarding franchised solid waste and recycling services and applicable rates charged for such services. 3.4.5 Perform waste audits for those commercial and industrial customers requesting one, and conduct, at least annually, workshops on waste reduction strategies and reuse opportunities. 3.4.6 Coordinate with the Woodburn School district and local private schools to assist in promoting awareness of recycling and waste reduction strategies to children, and to cooperate with the district in their recycling efforts and programs. 3.4.7 Promote solid waste reduction and recycling education through local widespread media and educational outreach, no less than 18 times each year. Promotional information shall focus on recycling, reuse and waste reduction strategies. 3.4.8 Provide the City Administrator with sufficient copies of all promotional fliers and other related information as requested. 3.4.9 Conduct a bi-annual survey to evaluate customer participation in recycling programs and customer opinion of solid waste and recycling services offered by Franchisee. Statistics shall be used to enhance existing recycling educational materials and increase program participation. Significant statistical changes in the survey shall afford the ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 City Administrator the option to renegotiate Section 3 of this agreement. 3.5 Resource Recovery Services. 3.5.1 Aggressively seek markets for reusable, recyclable, and recoverable materials and purchase such materials from others. 3.5.2 Develop strategies to promote the reduction of solid waste generated by residential, commercial and industrial customers. Promote programs preventing or reducing at the source those materials which would otherwise constitute solid waste. 3.6 County Waste shed. Coordinate recycling efforts with other solid waste collection efforts in the Marion County Waste shed to further enhance recycling and recovery, efforts, and to meet waste shed recovery goals as mandated by the state. 3.7 Additional Recycling Requirements. 3.7.1 The City Administrator reserves the right to require specific materials to be separated, collected and recycled. 3.7.2 Franchisee shall provide other recycling services as required by Oregon Revised Statute 459.A, City Council, ordinance, or municipal code. 3.7.3 Franchisee shall recycle additional materials when economically feasible and provide for an on-site collection center for household hazardous waste. 3.8 Community Service Standards. 3.8.1 Franchisee shall provide for storm debris collection of tree limbs, leaves, etc., on an as needed basis. Franchisee may charge a fee for such disposal. 3.8.2 Franchisee shall provide an annual residential cleanup, collecting scrap and recyclable material, yard debris and appliances, at no additional charge; however, Franchisee may charge, as a pass-through cost, the CFC evacuation fee on appliances. 3.8.3 Franchisee shall provide collection and recycling of holiday trees placed at curbside for a period of three weeks, beginning December 26Pth P of each year, at no additional charge. 3.8.4 Franchisee shall provide twice weekly solid waste collection and disposal service of public litter containers, in the central business district of the City, including the Woodburn Downtown Plaza, except holidays. 3.8.5 Franchisee shall provide once weekly solid waste collection and disposal service for all City accounts at no charge to the City: 3.9 Additional Services. Where a new service or a substantial expansion of an ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 existing service is proposed by the City Administrator, another person or Franchisee, the following shall apply: 3.9.1 If service is proposed by the City Administrator, Franchisee shall receive prior written notice of the proposed service and justification by the City Administrator. If service is proposed by Franchisee or another person, the City Administrator must be notified in writing prior to any consideration by the City. 3.9.2 The City may hold a public hearing on the proposed service and justification. 3.9.3 In determining whether the service is needed, the City shall consider the public need for the service, the effect on rates for service and the impact on other services being provided or planned, the impact on any city, county or regional solid waste management plan, and compliance with any applicable statutes, ordinances or regulations. 3.9.4 If the City determines the service is needed, Franchisee shall have the option to provide the service on a temporary basis through a pilot program to determine if the service is functional on a permanent basis or Franchisee may agree to provide the service on a permanent basis within a specified time. 3.9.5 If Franchisee rejects the service, the City may issue a franchise or permit to another person to provide only that service. The provider of the limited service shall comply with all applicable provisions of this ordinance. 3.10 Special Service. 3.10.1 If a customer requires an unusual service requiring added or specialized equipment solely to provide that service, Franchisee may require a contract with the customer to finance and assure amortization of such equipment. The purpose of this subsection is to assure that such excess or specialized equipment does not become a charge against other ratepayers. 3.11 Sub-Contract. Franchisee may sub-contract with other persons to provide specialized or temporary service covered by this franchise, but shall remain totally responsible for compliance with this agreement. Franchisee shall provide written notice of intent to sub-contract services prior to entering into agreements. If sub-contracting involves a material portion of the franchised service, Franchisee shall seek the approval of the City. 3.12 Equipment and Facility Standards. 3.12.1 All equipment shall be kept well painted, and properly maintained in good condition. Vehicles and containers used to transport solid waste shall be kept clean to ensure no contamination to the environment or the City’s storm water system. 3.12.2 All vehicles and other equipment shall be stored in a safe and secure facility in accordance with applicable zoning and environmental regulations. 3.12.3 Trucks shall be equipped with a leak proof metal body of the compactor type ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 including front, rear, or automatic loading capabilities. 3.12.4 Pick-up trucks, open bed trucks or specially designed, motorized local collection vehicles used for the transporting of solid waste must have a leak proof metal body and an adequate cover over the container portion to prevent scattering of the load. 3.12.5 All fuel, oil, or vehicle fluid leaks or spills which result from Franchisee’s vehicles must be cleaned up immediately. All vehicles must carry an acceptable absorbent material for use in the event of leaks or spills. Damages caused by fuel, oil, or other vehicle fluid leaks or spills from Franchisee’s vehicles or equipment shall be at Franchisee’s expense. 3.12.6 All vehicles used by Franchisee in providing solid waste and recycling collection services shall be registered with the Oregon Department of Motor Vehicles and shall meet or exceed all legal operating standards. In addition, the name of Franchisee, local telephone number and vehicle identification number shall be prominently displayed on all vehicles. 3.12.7 All collection vehicles shall not exceed safe loading requirements or maximum load limits as determined by the Oregon Department of Transportation. Franchisee shall endeavor to purchase and operate equipment that minimizes damage to City streets. 3.12.8 Franchisee shall provide and maintain equipment that meets all applicable laws, ordinances, municipal codes, and regulations or as directed by the City Administrator. 3.12.9 Franchisee shall provide and replace as necessary, garbage collection carts, yard debris carts, and recycle bins at no charge to the public. Cart sizes offered for solid waste disposal include 20, 32, 65, and 90 gallon capacity. Yard debris carts shall be 90 gallon capacity. Recycle carts may be either 65 or 95 gallon capacity, depending on customer choice. Solid waste, yard debris, and recycling carts shall be leak-proof, rigid, , and of rodent proof construction and not subject to cracking or splitting. The City Administrator has the right to approve all containers provided by Franchisee for use in the City and may require additional or alternative container sizes. Customers may, at their election, change their cart size once each calendar year at no cost. For each subsequent change within the same calendar year, Franchisee may charge a fee, to recover the administrative costs of such change, as approved by the City Council. 3.12.10 Franchisee shall clean containers used by commercial customers once annually if requested by customer for no additional charge. If Franchisee determines such containers are becoming a health hazard, requiring more frequent cleaning, such service shall be an additional maintenance charge to the waste producer or generator. 3.12.11 In cooperation with the Woodburn Police Department, Franchisee shall remove graffiti from all containers or facilities within ten business days of the time Franchisee is notified of such need. Notification may be verbal, or in writing. 3.12.12 All surface areas around Franchisee’s site facilities including vehicle and equipment storage areas, service shops, wash stations, transfer sites, collection centers, and administrative offices must be kept clean to eliminate direct site run-off into the City’s storm ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 water and open drainage system. 3.13 Safety Standards. Franchisee shall operate within guidelines of the Oregon Refuse and Recycling Association, Oregon Department of Transportation, Oregon Public Utility Commission, Oregon Occupational Health and Safety Administration, Department of Environmental Quality, Woodburn Municipal Code and all other rules and regulations as they apply. 3.13.1 Franchisee shall provide suitable operational and safety training for all of its employees who maintain, use, or operate vehicles, equipment, or facilities for collection of waste or who are otherwise directly involved in such collection. Employees involved in collection services shall be trained to identify, and not to collect, excluded waste. Employees who do handle such excluded waste shall be properly trained. 3.14 Right-of-Way Standards. Franchisee shall ensure proper and safe use of public right-of-ways and provide compensation to the City in consideration of the grant of authority to operate a solid waste collection and disposal system in the City of Woodburn as directed in this franchise agreement. 3.15 Customer Service Standards. Franchisee shall: 3.15.1 Provide sufficient collection vehicles, carts, bins, containers, drop boxes, facilities, personnel and finances to provide the services set forth in this franchise agreement. 3.15.2 Sufficiently staff, operate and maintain a business office and operations facility within the City. 3.15.3 Establish minimum office hours of 8:00 am through 5:00 pm, Monday through Friday, not including holidays. 3.15.4 Ensure a responsive, customer service oriented business. Provide customers with a local telephone number, listed in a local directory, to a business office. Adequately staff operations to provide prompt response to customer service requests or inquiries and respond and effectively to any complaint regarding service. Calls received by 1:00 pm by office staff shall be returned the same business day as call received, and by noon of the following business day if call is received after 1:00 pm. Franchisee shall respond to all written complaints about service or rates. 3.15.5 Train collection crews prior to their beginning solid waste and recycling collection, and office staff prior to having public contact. The scope of the training shall include, but is not limited to, acceptable safety practices, acceptable standards of service to the public, courteous customer service, and accuracy and completeness of information 3.15.6 Require all employees of Franchisee and all employees of persons under contract with Franchisee under this franchise agreement to present a neat appearance and conduct themselves in a courteous manner. Franchisee shall require its drivers and all other employees who come into contact with the public, to wear suitable and acceptable ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 attire that identifies Franchisee. 3.15.7 Designate at least one qualified employee as supervisor of field operations. The supervisor shall devote an adequate portion of his/her workday in the field checking on collection operations, including responding to issues. 3.16 Annual Customer Service Reporting Standards. Franchisee shall provide annual reports to the City Administrator by April 30Pth P of each year during the term of the franchise. 3.16.1 Reports shall include a written log of all oral and written complaints or service issues registered with Franchisee from customers within the City. Franchisee shall record the name and address of complainant, date and time of issue, nature of issue, and nature and date of resolution. The City Administrator may require more immediate reports documenting complaints and resolutions. 3.16.2 Provide a summary of educational and promotional activities as required in Sub-section 3.4. 3.17 Annual Financial Reporting Standards. Franchisee shall keep current, accurate records of account. The City may inspect the Records any time during business hours and may audit the Records from time to time. If an audit of the Records is required, the cost of an independent audit, reasonably satisfactory to the City, shall be the responsibility of franchisee. Franchisee shall submit to the City Administrator a report annually, no later than April 30Pth P of each year, documenting the activities and achievements of all programs undertaken pursuant to this franchise for the previous year. The City Administrator shall evaluate the effectiveness of the programs in terms of the amount, level, and quality of the services provided by Franchisee. The report shall include the following specified information: 3.17.1 Total franchise payments remitted and basis for calculations; 3.17.2 Year-end financial statements of Franchisee for service within the City limits only, including: Summary of financial highlights Statement of income and retained earnings Balance sheet Statement of changes in financial position Schedule of expenses 3.17.3 Annual recycling data form as submitted to the Marion County Environmental Services Division. 3.17.4 Current and previous year total of residential, commercial and industrial customers within City limits, including tons of solid waste generated. Number of recycling customers within City limits and percentage of materials recycled. 3.17.5 A summary of the customer survey as required in Sub-section 3.4.9 and a summary of the annual customer service reports as required in Sub-section 3.16. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 3.17.6 Document industry trends and direction of Franchisee over the next several years. 3.17.7 Provide a summary of Community Involvement activities as required in Section 3. 3.17.8 Other information pertaining to performance standards specified in the franchise agreement. Section 4 - Rates 4.1 Rate Structure. The City Council reserves the right to examine the rate structure of Franchisee, and to require specific services and approve rate changes which, in the discretion of the City Council, are reasonably required in view of the following considerations: 4.1.1 Franchisee shall have the right to charge and collect reasonable compensation from those whom it furnishes franchised services. The term “reasonable compensation” shall be defined at the discretion of the City after a study and consideration of rates for similar service under similar conditions in other areas, and as affected by local conditions in the local area. However, nothing in this section prohibits Franchisee from volunteering services at a reduced cost for a civic, community, benevolent or charitable program. Cash or in-kind contributions to such organizations shall be the sole responsibility of Franchisee and shall not be a factor in determining rates or increase the total amounts paid by ratepayers for which Franchisee serves under this agreement and shall not reduce the total amount of revenue paid to the City. Contributions shall not be taken into consideration in the rate approval process. 4.1.2 Franchisee shall provide to the City Administrator a copy of the published rate schedule which shall contain the rates and charges made for all its operations. The rate schedule shall be kept current. Franchisee shall file with the City Administrator, at least 90 days prior to any contemplated change, a complete, new and revised rate schedule which shall be examined by Council in a public hearing, subject to applicable notice requirements and affording due process. Franchisee shall also provide documented evidence of actual or projected increased operating costs within City limits which may justify proposed increases. Council may approve or deny any request based on criteria consisting of, but not limited to: increases in operating or capital costs, increases in taxes, fees, and other governmental assessments, increases in City population; extension of City boundaries; increase of intensive residential, commercial or industrial development within the City; changes in solid waste or recycling technology; changes in regulatory requirements; inability of Franchisee to adequately handle increased needs for said service; the rates in other cities for similar services; and the public interest by assuring reasonable rates to enable Franchisee to provide efficient and beneficial service to users of the service. The request shall be considered denied unless approved by Council prior to 30 days before the effective date. In the event of denial, the current rate schedule remains in effect and Franchisee may file with the Council further information to justify the rate schedule changes. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 4.1.2.1 Rates established by Council are fixed rates and Franchisee shall not charge more or less than the fixed rate unless changed pursuant to Section 4. Franchisee shall not charge rates not in the rate schedule. 4.1.2.2 Rates for a given service must be established under the provisions of these guidelines before such service can be provided to customers unless services are being offered under a pilot program. If the City Administrator determines Franchisee is providing services for a fee without following these guidelines, the City Administrator may require Franchisee to continue providing such services at no charge to the customer until such time as the rates are approved as described under Section 4. If rates are not subsequently approved, Franchisee may discontinue service and shall take full responsibility in explaining to customers as to why the service is no longer being provided. 4.1.3 Franchisee may not give any rate preference to any person, locality, or type of solid waste collected, transported, stored, disposed of or resource recovered. This section shall not prohibit uniform classes of rates based on length of haul, time of haul, type or quantity of solid waste handled, and location of customers, so long as such rates are reasonably based on the cost of service and approved by City Council in the same manner as other rates. 4.1.4 The rates shall be subject to review and change only one time in a calendar year, beginning January 1 and ending December 31; provided: 4.1.4.1 The City Council may at its sole discretion and with appropriate documentation submitted by Franchisee, grant an interim or emergency rate for changes in service, including pilot programs. 4.1.4.2 An additional application for a rate adjustment may be made when the cost of collection is increased by governmental regulations, or there is a single large increase in cost not anticipated at the last rate adjustment. 4.1.5 The approved rate schedule (Exhibit as of the effective date of this ordinance, shall be deemed to be in effect. Section 5 - Financial 5.1 Compensation. In consideration of the rights and privileges granted by this ordinance, Franchisee shall pay to the City of Woodburn, five percent per annum of its gross receipts derived from all services within the City and from the sale of recyclable material collected within the City. Franchisee shall also pay five percent per annum of the gross receipts derived from franchised services within the City, as defined in this ordinance, earned by subcontractors of Franchisee within the City for services rendered pursuant to this franchise agreement. 5.1.1 Gross receipts of Franchisee shall mean revenues derived by Contractor within the City pursuant to this franchise agreement, net of discounts and uncollectables. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 5.1.2 No expenses, encumbrances, or expenditures shall be deducted from the gross revenue in determining the total gross revenue subject to the franchise fee, except net uncollectables. 5.1.3 The compensation required in this section shall be due quarterly, on or before the 30th day of the month following last business day of every quarter. Franchisee shall furnish with each payment a notarized statement, executed by an officer of Franchisee, showing the amount of gross receipts of Franchisee within the City for the period covered by the payment computed on the basis as determined by Sub-section 5.1, Compensation. If Franchisee fails to pay the entire amount of compensation due to the City through error or otherwise within the time allotted for, the unpaid balance shall be subject to a late penalty of an additional ten percent plus interest of two percent per month on the amount of fee due and unpaid from the date due until it is paid together with the late penalty. 5.1.4 If Franchisee is prohibited by state or federal law from paying a fee based on gross receipts or the City is prohibited by state or federal law from collecting such a fee, or if any legislation reduces the actual or projected amount of compensation collected in any given year, the City Administrator may renegotiate the compensation section of this franchise agreement. 5.1.5 Franchisee shall not separately identify its franchise fee on billing statements to customers unless it separately identifies all costs which constitute five percent or more of the costs paid by the revenues received from customers. 5.1.6 Nothing contained in this franchise shall give Franchisee any credit against any ad valorem property tax levied against real or personal property within the City, or against any local improvement assessment or any business tax imposed on Franchisee, or against any charges imposed upon Franchisee including permit and inspections fees or reimbursement or indemnity paid to the City. 5.2 Insurance. Franchisee shall pay, save harmless, protect, defend and indemnify the City from any loss or claim against the City on account of, or in connection with, any activity of Franchisee in the operation or maintenance of its facilities and services except those that arise out of the sole negligence of the City. Franchisee shall, for the purposes of carrying out the provisions of this agreement, have in full force and effect, and file evidence with the City Administrator the following requirements: 5.2.1 Workers’ Compensation insurance as required by Oregon Law, including Employers Liability Coverage. 5.2.2 Commercial General Liability insurance as broad as Insurance Services Office (ISO) form CG 00 01, providing Bodily Injury, Property Damage and Personal Injury on an occurrence basis with the following as minimum acceptable limits: Bodily Injury and Property Damage - Each Occurrence $2,000,000 Personal Injury - Each Occurrence $2,000,000 Products & Completed Operations - Aggregate ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 $3,000,000 General Aggregate $3,000,000 5.2.3 Business Automobile Liability as broad as Insurance Services Office (ISO) form CA 00 01, providing bodily injury and property damage coverage for all owned, non- owned and hired vehicles, with the following as minimum acceptable limits: Bodily Injury and Property Damage - Each Occurrence $1,000,000 5.2.4 Franchisee shall furnish the City Administrator with Certificates of Insurance and with original endorsements for each insurance policy (if needed). All certificates and endorsements are to be received and approved by the City Administrator before the effective date of this ordinance. The Commercial General Liability Policy shall name the City of Woodburn, its officers, officials, employees and agents as Additional Insureds as respects to operations performed under this franchise agreement via blanket form endorsement. Franchisee shall be financially responsible for all pertinent deductibles, self- insured retentions and/or self insurance. 5.2.5 Franchisee shall notify the City at least 30 days prior to cancelling any insurance policy covered under Section 5. 5.3 Hold Harmless. The Franchisee agrees to indemnify, defend and hold harmless the City, its officers, employees, volunteers and agents from any and all claims, demands, action, or suits arising out of or in connection with the City Council’s grant of this franchise. Franchisee shall be responsible to defend any suit or action brought by any person challenging the lawfulness of this franchise or seeking damages as a result of or arising in connection with its grant; and shall likewise be responsible for full satisfaction of any judgment or settlement entered against the City in any such action. The City shall tender the defense to the Franchisee , and Franchisee shall accept the tender whereupon the City shall assign to Franchisee, complete responsibility of litigation including choice of attorneys, strategy and any settlement. 5.3.1 Franchisee’s costs incurred in satisfying its obligations as defined in 5.3 above, shall not decrease the total amount of compensation paid to the City and shall not increase the total amounts paid by the ratepayers for which Franchisee serves under the authority of the franchise agreement. All such expenses shall be the sole responsibility and burden of Franchisee. 5.3.2 Damages. Damages and penalties under this Section 5.3 include, but shall not be limited to, damages arising out of personal injury, property damage, copyright infringement, defamation, theft, and fire. Section 6 - Administration and Enforcement 6.1 Customer Dispute Resolution Process. 6.1.1 Any citizen of Woodburn who is aggrieved or adversely affected by any ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 application of the franchise or policy of Franchisee shall first attempt to settle the dispute by notifying Franchisee of the nature of the dispute and affording Franchisee the opportunity to resolve the dispute. 6.1.2 If the dispute is unresolved, the citizen may contact the City Administrator. The City Administrator may require a written description of the dispute from either party, and shall attempt to mediate and resolve the grievance with the citizen and Franchisee. 6.1.3 If the dispute is still unresolved, the citizen or Franchisee may appeal to the City Council who shall hear the dispute. The decision of the City Council shall be final and binding. 6.2 Penalties and Procedures. Subject to the requirement of prior notice as set forth in Section 6.3 below, for violations of this ordinance occurring without just cause, the City Administrator may assess penalties against Franchisee as follows: 6.2.1 For failure to adhere to material provisions of this franchise, as defined in Section 6.4.1, Two Hundred Fifty Dollars ($250.00) per day for each provision not fulfilled. 6.2.2 For failure to comply with Oregon Occupational Safety and Health Administration and Oregon Department of Transportation safety requirements or Oregon Department of Environmental Quality rules and regulations, the penalty shall be Two Hundred Fifty Dollars ($250.00) per day, per occurrence. 6.2.3 For failure to comply with any provision of this franchise, for which a penalty is not otherwise specifically provided, the penalty shall be One Hundred Twenty Five Dollars ($125.00) per day, per occurrence. 6.2.4 For failure to comply with reasonable requests of the City Administrator related to service, the penalty shall be One hundred Dollars ($100.00) per day per request. 6.3 Procedure for Imposition of Penalties. 6.3.1 Whenever the City Administrator finds that Franchisee has violated one or more terms, conditions or provisions of this franchise, a written notice, or a verbal notice followed by a written notice, shall be given to Franchisee informing it of such violation or liability. If the violation concerns requirements mandated by the Oregon Occupational Health and Safety Administration or the Oregon Department of Environmental Quality, a verbal notice followed by a written notice may be given. For these safety or public health violations, Franchisee shall have 24 hours from notification to correct the violation. For all other violations and liabilities the written notice shall describe in reasonable detail the specific violation so as to afford Franchisee an opportunity to remedy the violation. Franchisee shall have ten (10) days subsequent to receipt of the notice in which to correct the violation. Franchisee may, within five days of receipt of notice, notify the City Administrator that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Franchisee to the City Administrator shall specify with particularity the matters disputed by Franchisee. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 6.3.2 The City Council shall hear Franchisee’s dispute at its next regularly or specially scheduled meeting. The Council shall supplement its decision with written findings of fact. 6.3.3 If after hearing the dispute the claim is upheld by the Council, Franchisee shall have ten (10) days from such a determination to remedy the violation or failure. Penalties shall accrue from time of initial notification until such time as the violation or failure is resolved to the satisfaction of the City Administrator. 6.3.4 Franchisee shall be liable for full payment of all penalties imposed under this section. 6.4 City’s Right to Revoke. In addition to all other rights which the City has pursuant to law or equity, the Council reserves the right to revoke, terminate, or cancel this franchise, and all rights and privileges pertaining thereto, in the event that: 6.4.1 Franchisee violates any of the following provisions of this franchise which are deemed to be material to the performance of the franchise, and fails to cure such violation in accordance with Section 6.3: Standards for Collection and Disposal of Solid Waste and Recyclable Materials (Section 3) Compensation (Section 4 ) Insurance (Section 5) Assignment or Sale of Franchise (Section 8) 6.4.2 Franchisee practices any fraud upon the City or customer. 6.4.3 Franchisee becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt. 6.4.4 Franchisee misrepresents a material fact in the negotiation of, or renegotiation of, or renewal of, the franchise. 6.4.5 After conducting a public hearing and documenting in findings of fact that it is in the best interest of the public to do so. 6.5 Enforcement. 6.5.1 The City Administrator shall have the right to observe and inspect all aspects of collection operations, facilities, services, and records which are subject to the provisions of this franchise, to insure compliance. 6.5.2 If Franchisee at any time fails to and fully comply with any obligation of this agreement after receiving a written notice and a reasonable opportunity to comply, the City Administrator may elect to perform the obligation at the expense of Franchisee. 6.5.3 If Franchisee defaults in any of the terms required to be performed by it under the terms of this franchise, and the default continues for ten (10) days after written ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 notification by the City Administrator, this franchise may, at the option of the Council, become null and void. 6.5.4 The City Administrator reserves the right to make such further regulations as may be deemed necessary to protect the interests, safety, welfare and property of the public and carry out purposes stated in Section 3 of this franchise agreement. The City Administrator or Franchisee may propose amendments to this franchise. Proposals shall be in writing and shall be afforded an adequate review process. After review of the proposed amendments to the franchise, the Council may adopt the amendments. 6.5.5 All remedies and penalties under this franchise agreement, including termination, are cumulative, and the recovery or enforcement of one is not a waiver or a bar to the recovery or enforcement or any other recovery, remedy or penalty. In addition, the remedies and penalties set out in this ordinance are not exclusive, and the City reserves the right to enforce the penal provisions of any other ordinance, statute or regulation, and to avail itself of any all remedies available at law or in equity. Failure to avail itself of any remedy shall not be construed as a waiver of that remedy. Specific waiver of any right by the City for a particular breach shall not constitute a general waiver of the City’s right to seek remedies for any other breach, including a repetition of the waived breach. 6.6 Non-enforcement by the City. Franchisee shall not be relieved of its obligation to comply with any of the provisions of this franchise by reason of any failure of the City Administrator to enforce prompt compliance. 6.7 Written Notice. All notices, reports, or demands required to be given in writing under this franchise shall be deemed to be given when a registered or certified mail receipt is returned indicating delivery as follows: If to the City: City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Attn: Heather Pierson, City Recorder If to Franchisee: United Disposal Service, Inc P.O. Box 608 Woodburn, Oregon 97071 Attn: Gregg Brummer, Vice President Such addresses may be changed by either party upon written notice to the other party given as provided in this section. Section 7 - Public Responsibilities 7.1 Excluded Waste. No person shall place hazardous wastes or excluded waste for collection or disposal by Franchisee at the curbside. Hazardous waste and excluded waste shall only be disposed at collection events for this specific purpose. ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 7.2 Accumulation of Waste. No person shall accumulate or store waste that is or in violation of the City’s nuisance ordinance, or in violation of regulations of the Oregon Environmental Quality Commission. 7.3 Approved Containers. No customer shall use any waste collection container unless it is supplied by or approved by Franchisee. 7.4 Safe Loading Requirements. No stationary compactor, can, cart or container for residential, commercial or industrial use shall exceed the safe loading requirements designated by Franchisee. 7.5 Access to Container. No container shall be located behind any locked or latched gate or inside of any building or structure unless authorized by Franchisee. No person shall block the access to a container. 7.6 Safe Access. Each customer shall provide safe access to the solid waste or solid waste container without hazard or risk to Franchisee. 7.7 Can/Cart Placement. Placement of cans/carts must be within three feet of curb but shall not restrict access to bicycle lanes or sidewalks and shall not be blocked by vehicles or other items. Items not for collection must be at least three feet from cans/carts. Placement of cans/carts is limited to a time period of 24 hours prior to pick-up and 24 hours after pick-up. Cans/carts within alleys shall be placed to accommodate collection vehicles. 7.8 Clean Cans/Carts and Surrounding Areas. Generators or producers of waste shall clean cans/carts and shall keep the area around cans/carts and containers free of accumulated wastes. 7.9 Removal of Solid Waste Prohibited. No person, other than the person producing the materials contained therein, or an officer, employee or permittee of the City, or an employee of the Franchisee shall interfere with any solid waste container, compact the contents of a container, or remove any such container or its contents from the location where the same has been placed by the person so producing the contents of said container. This subsection does not apply to the purchase of materials for fair market value as exempted by Section 2, 2.6 of this ordinance. 7.10 Collection of Solid Waste Prohibited. No person shall remove the lid from any solid waste container, nor enter into such solid waste container, nor shall any person collect, molest, compact or scatter solid waste placed out for collection and resource recovery, except the person so producing the materials contained therein, or an officer, employee or permittee of the City, or an employee of the Franchisee. 7.11 Disposal of Unauthorized Solid Waste Prohibited. No unauthorized person shall remove the lid from or interfere with any solid waste container to deposit solid waste into such container. 7.12 Stationary Compactor. No person shall install a stationary compacting device ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 for handling of solid wastes unless it complies with all applicable federal, state, and local laws and regulations. Franchisee shall not service any such device unless these requirements are adhered to at all times. 7.13 Train System. No person shall install or operate a “train system” for the purpose of solid waste collection under this franchise agreement. 7.14 Penalties. In addition to, and not in lieu of any other available legal remedies, any violation of Section 7 of this Ordinance constitutes a Class 2 Civil Infraction, which shall be processed according to the procedures contained in the Woodburn Infraction Ordinance. Each day of continued violation is a separate offense and is separately punishable, but may be joined in a single prosecution. Section 8 – Miscellaneous 8.1 Transfer of Ownership or Control 8.1.1 This franchise shall not be sold, assigned, transferred, leased or disposed of either in whole or in part, in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person or entity without the prior written consent of the City Council, which consent shall not be unreasonably withheld. 8.1.2 Franchisee shall notify the City of any actual or proposed change in or transfer of, or acquisition by any other party of control of the Franchisee. The word “control” as used herein is not limited to majority stockholders, but includes actual working control in whatever manner exercised. Every change, transfer or acquisition of control of the Franchisee shall make this Franchise subject to cancellation unless and until the City Council has consented thereto. 8.1.3 The parties to the sale or transfer of this franchise agreement shall make a written request to the City Council for its approval and furnish all information reasonably required for City Council consideration. 8.1.4 The City Council’s approval shall be based upon the financial responsibility of the party whom the franchise is proposing for sale, assignment or transfer. In reviewing a request for sale or transfer, the City Council may inquire into the financial capability, technical ability, legal qualifications, demonstrated ability, and experience of the prospective controlling party or transferee to comply with the terms of the franchise as determined by the City, and must agree to comply with all provisions of the franchise agreement. 8.1.5 The City shall be deemed to have approved the proposed transfer or assignment in the event that its decision is not communicated in writing to the franchisee within 90 days following receipt of written notice of the proposed transfer. 8.1.6 Within thirty (30) days of any transfer or sale, if approved or deemed granted by the City Council, Franchisee shall file with the City a copy of the deed, Agreement, lease, ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 bill of sale, stock power or other written instrument evidencing such sale or transfer of ownership or control, certified and sworn to as correct by the Franchisee and the transferee. The City shall treat such instrument or other documentation as confidential, as permitted by Applicable Law, if Franchisee requests confidential treatment for any such document in writing 8.2 Performance Bond. As part of any assignment or transfer of franchise, as provided in Subsection 8.1, Franchisee shall provide a performance bound in the a form acceptable to the City, in the amount of $1,000,000 with a surety licensed to do business in the State of Oregon conditioned upon the full and faithful performance of this franchise agreement and franchise and this chapter. 8.3 Change of Law; Amendment of Franchise Agreement. 8.3.1. It is the intent of the parties that this Agreement may be amended from time to time to conform to any changes in the controlling federal or state law or other changes material to this agreement. Each party agrees to bargain in good faith with the other party concerning such proposed amendments. 8.3.2 This Agreement may be amended or terminated by the mutual consent of the parties and their successors-in interest. 8.3.3 To the extent any lawful City rule, ordinance or regulation is adopted on a jurisdiction-wide basis and is generally imposed on similarly situated persons or entities, the rule, ordinance or regulation shall apply without need for amendment of this Agreement. City shall provide Franchisee notice of any such change in law prior to its adoption. 8.4 Severability and Constitutionality. If any portion or phrase of this ordinance is for any reason held invalid or declared unconstitutional by any court, such portion shall be deemed a separate and independent provision; and such holding shall not affect the constitutionality of the remaining portion hereof. The council hereby declares that it would have passed this ordinance and each portion and phrase hereof, irrespective of the fact that any one or more portions or phrases be declared illegal, invalid or unconstitutional. If, for any reason, the franchise fee under Section 5 of this ordinance is invalidated or amended by the act of any court or governmental agency, the City Administrator may either renegotiate the compensation section of this agreement or adopt the highest reasonable franchise fee allowed by such court or other governmental agency as the franchise fee charged by this ordinance. 8.5 Continuity of Service Mandatory. Upon expiration or the termination of this franchise, the City Administrator may require Franchisee to continue to operate the system for an extended period of time, not to exceed twelve (12) months. Franchisee shall, as trustee for its successor in interest, continue to operate under the terms and conditions of this franchise. In the event Franchisee does not so operate, the City Administrator may take such steps as deemed necessary to assure continued service to subscribers. Costs associated with such actions shall be the sole responsibility of Franchisee. 8.6 Rules of Construction. This ordinance shall be construed liberally in order to ---PAGE BREAK--- WOODBURN ORDINANCE COMPILATION FRANCHISE ORDINANCE NO. 2552 PAGE 1 effectuate its purposes. Unless otherwise specifically prescribed in this ordinance, the following provisions shall govern its interpretation and construction: 8.6.1 The singular may include the plural number, and the plural may include the singular number. 8.6.2 “May” is permissive and “shall” is mandatory. 8.7 Calculation of Time. Time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of time unless stipulated otherwise in this agreement. When the last day of the period falls on Saturday, Sunday, or a legal holiday, that day shall be omitted from the computation. 8.8 Repeal; Effective Date. Ordinance 2460 (adopted and approved by the City on November 25, 2009) is repealed. This Ordinance is effective pursuant to the Woodburn Charter but shall be void unless Franchisee files with the City Recorder, within 30 days of its effective date, Franchisee’s unconditional written acceptance of the terms, conditions, and obligations to be complied with or performed by it under this Ordinance. (as amended by Ordinance 2554) Passed by the Council and approved by the Mayor January 22, 2018 ---PAGE BREAK--- Ordinance 2469 Page I 1 ORDINANCE NO. 2469 AN ORDINANCE GRANTING A TELECOMMUNICATIONS FRANCHISE TO NETWORKS, INC. TO OCCUPY CERTAIN RIGHTS-OF-WAY WITHIN THE CITY OF WOODBURN AND DECLARING AN EMERGENCY. [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Franchise Grant. A. Subject to the terms and conditions contained herein, the City of Woodburn does hereby grant to Networks, Inc., (hereinafter “Grantee”) a telecommunications franchise to locate its facilities within the rights-of-way of the City, as shown on Exhibit and described in Grantee’s application for a franchise. B. Such grant is subject to all of the laws and ordinances of the City of Woodburn and to applicable state and federal law. Except as otherwise specifically provided by this Franchise Ordinance, all requirements and conditions of Ordinance 2284, the Telecommunications Franchise Ordinance, shall apply to Franchisee. C. The scope of this grant allows the installation of facilities by Grantee in the City’s rights-of-way as depicted in Exhibit Such facilities shall be used by Grantee to provide telecommunications services consistent with the authority granted by the OPUC. In the event either the location of Grantee’s facilities or the nature of the services provided is proposed for modification, Grantee shall be required to obtain an additional or revised franchise from the City. Section 2. Construction Standards. A. The construction standards of the City of Woodburn, as well as any other applicable construction standards in existence at the time of this franchise grant or hereafter enacted, shall apply to all work performed by the Grantee in City rights-of- way. B. The Grantee’s facilities shall not interfere in any way with any of the City’s communications or other public and city-permitted facilities, including other franchised facilities, either as installed or during operation. The Grantee will compensate the provider of power directly for the cost of power consumed in support of Grantee’s facilities, and shall hold the City completely harmless from any power cost. ---PAGE BREAK--- Ordinance 2469 Page I 2 C. The Grantee shall locate below the surface of the ground all wiring and physical improvements within City rights-of-way, unless it is physically impossible to do so. Placement of any improvements above ground, or on poles shall only be with the prior review and approval of the City. D. Where permission is granted by the City to locate Grantee’s facilities upon poles, Grantee shall independently obtain prior written approval from the owner and/or operator of the poles on which its facilities shall be placed. Upon request, Grantee shall provide copies of such written approvals for City review. E. Where permission is granted by the City to locate Grantee’s facilities upon poles, Grantee shall undertake all wiring and physical improvements required by the owner of each pole to which its facilities are to be attached. In the case of City-owned poles or fixtures, such work shall be performed subject to the approval of the City Engineer or his designee. Section 3. Franchise Fee. Subject to any restrictions imposed by federal law, the franchise fee payable to the City shall be 7% (seven percent) of the Grantee’s gross revenues earned within the corporate limits of the City. Notwithstanding the type of telecommunications services provided, Grantee shall pay a minimum annual franchise fee of $1,000 for the privilege of using the City’s rights-of-way. Franchise fees shall be payable quarterly, on or before April 30, July 31, October 31 and January 31, for the preceding calendar quarter. Payments made more than ten calendar days beyond the due date shall bear interest at the rate of 9% per annum. With each franchise fee payment, the Grantee shall furnish a sworn statement setting forth the amount and calculation of the payment. The statement shall detail the revenues received by the Grantee from its operations within the City, and shall specify the nature and amount of all exclusions and deductions from such revenues claimed by the Grantee in calculating the franchise fee. Section 4. Audit. The City shall have the right to annually audit the books and records of the Grantee to verify compliance with the terms and conditions of this franchise. At the City’s request, the Grantee shall provide the City’s agents access to the Grantee’s books and records, as necessary, to conduct a thorough audit. Section 5. Term. The term of this franchise shall be five years. This franchise shall be subject to one automatic renewal on the same terms and conditions for an additional period of five years unless notice is given by either party 180 days in advance of the expiration of the franchise of its intention to terminate or renegotiate the franchise. This franchise shall be effective upon the date of Grantee’s written acceptance of this grant. Section 6. Indemnification. To the extent permitted by law, the Grantee shall defend, indemnify and hold the City and its officers, employees, agents and ---PAGE BREAK--- Ordinance 2469 Page I 3 representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this Ordinance or by a franchise agreement made or entered into pursuant to this Ordinance. Section 7. Acceptance. The grant of franchise herein is conditioned upon Grantee’s acceptance of all terms and conditions hereof in writing in a form acceptable to the City. Section 8. [Emergency Clause.] Passed by Council August 9, 2010, and approved by the Mayor August 11, 2010. ---PAGE BREAK--- ORDINANCE NO. 2634 AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE TO WAVEDIVISION VII, LLC; AND DECLARING AN EMERGENCY [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Grant of Franchise. The City hereby grants to WaveDivision VII, LLC, a non-exclusive franchise on the terms and conditions set forth in the attached Exhibit A, incorporated herein by reference, for a period of five years from the effective date of this ordinance, to provide wireline cable television service within the City of Woodburn, and authorizes the City Administrator to sign said agreement. Section 2. Emergency Clause. This ordinance being necessary for the immediate preservation of the public peace, health, and safety since it is in both parties’ interest to have the franchise effective on November 1, 2024, an emergency is declared to exist and this ordinance shall take effect as of November 1, 2024. Passed by the Council October 28, 2024, and approved by the Mayor October 30, 2024 Exhibit A: FRANCHISE AGREEMENT_ ORDINANCE NO. 2634 ---PAGE BREAK--- ORDINANCE 2517 ORDINANCE NO. 2517 AN ORDINANCE GRANTING A TELECOMMUNICATIONS FRANCHISE TO ZAYO GROUP TO OCCUPY CERTAIN RIGHTS-OF-WAY WITHIN THE CITY OF WOODBURN [Whereas clauses] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Franchise Grant. A. Subject to the terms and conditions contained herein, the City of Woodburn does hereby grant to Zayo Group, (hereinafter “Grantee”) a telecommunications franchise to locate its facilities within the rights-of-way of the City, as shown on Exhibit and described in Grantee’s application for a franchise. B. Such grant is subject to all of the laws and ordinances of the City of Woodburn and to applicable state and federal law. C. The scope of this grant allows the installation of facilities by Grantee in the City’s rights-of-way as depicted in Exhibit Such facilities shall be used by Grantee to provide telecommunications services consistent with the authority granted by the OPUC. In the event either the location of Grantee’s facilities or the nature of the services provided is proposed for modification, Grantee shall be required to obtain an additional or revised franchise from the City. Section 2. Construction Standards. A. The construction standards of the City of Woodburn, as well as any other applicable construction standards in existence at the time of this franchise grant or hereafter enacted, shall apply to all work performed by the Grantee in City rights-of-way. B. The Grantee’s facilities shall not interfere in any way with any of the City’s communications or other public and city-permitted facilities, including other franchised facilities, either as installed or during operation. The Grantee will compensate the provider of power directly for the cost of power consumed in support of Grantee’s facilities, and shall hold the City completely harmless from any power cost. C. The Grantee shall locate below the surface of the ground all wiring and physical improvements within City rights-of-way, unless it is physically impossible to do so. Placement of any improvements above ground, or on poles shall only be with the prior review and approval of the City. ---PAGE BREAK--- ORDINANCE 2517 D. Where permission is granted by the City to locate Grantee’s facilities upon poles, Grantee shall independently obtain prior written approval from the owner and/or operator of the poles on which its facilities shall be placed. Upon request, Grantee shall provide copies of such written approvals for City review. E. Where permission is granted by the City to locate Grantee’s facilities upon poles, Grantee shall undertake all wiring and physical improvements required by the owner of each pole to which its facilities are to be attached. In the case of City-owned poles or fixtures, such work shall be performed subject to the approval of the City Engineer or his designee. Section 3. Franchise Fee. The franchise fee payable to the City shall be 7% (seven percent) of the Grantee’s gross revenues earned within the corporate limits of the City. Notwithstanding the type of telecommunications services provided, Grantee shall pay a minimum annual franchise fee of $1,000 for the privilege of using the City’s rights-of-way. Franchise fees shall be payable quarterly, on or before April 30, July 31, October 31 and January 31, for the preceding calendar quarter. Payments made more than ten calendar days beyond the due date shall bear interest at the rate of 9% per annum. Section 4. Audit. The City shall have the right to annually audit the books and records of the Grantee to verify compliance with the terms and conditions of this franchise. At the City’s request, the Grantee shall provide the City’s agents access to the Grantee’s books and records, as necessary, to conduct a thorough audit. Section 5. Term. The term of this franchise shall be five years. This franchise shall be subject to one automatic renewal on the same terms and conditions for an additional period of five years unless notice is given by either party 180 days in advance of the expiration of the franchise of its intention to terminate or renegotiate the franchise. This franchise shall be effective upon the date of Grantee’s written acceptance of this grant. Section 6. Indemnification. To the extent permitted by law, the Grantee shall defend, indemnify and hold the City and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are ---PAGE BREAK--- ORDINANCE 2517 authorized, allowed or prohibited by this Ordinance or by a franchise agreement made or entered into pursuant to this Ordinance. Section 7. Acceptance. The grant of franchise herein is conditioned upon Grantee’s acceptance of all terms and conditions hereof in writing in a form acceptable to the City. Passed by the Council on March 10, 2014 and approved by the Mayor March 12, 2014 ---PAGE BREAK--- Woodburn Development Ordinance WDO Adopted by Ordinance 2313 on April 9, 2002 Acknowledged December 22, 2006 Amendments: Ordinance 2423 on July 28, 2007 Ordinance 2446 on Sept. 8, 2008 Ordinance 2465 on Mar. 24, 2010 Ordinance 2473 on Dec. 13, 2010 Ordinance 2480 on Sept. 26, 2011 Ordinance 2492 on Sept. 10, 2012 Ordinance 2509 on Aug. 12, 2013 Ordinance 2510 on Sept. 23, 2013 Ordinance 2520 on July 28, 2014 Ordinance 2526 on Feb. 9, 2015 Ordinance 2538 on Sept. 26, 2016 Ordinance 2541 on Nov. 14, 2016 Ordinance 2544 on Jan. 9, 2017 Ordinance 2561 on July 9, 2018 Ordinance 2562 on Sept. 10, 2018 Ordinance 2573 on June 24, 2019 Ordinance 2579 on Apr. 13, 2020 Ordinance 2602 on May 9, 2022 (LA 21-01) Ordinance 2603 on June 13, 2022 (LA 21-02) Ordinance 2621 on Feb. 26, 2024 (LA 21-03) Ordinance 2629 on July 22, 2024 (LA 24-02) Ordinance 2639 on September 8, 2025 (LA 25-01) ---PAGE BREAK--- This page is intentionally left blank to facilitate section formatting for printing and binding with each chapter starting on an odd-numbered page so that staff can insert in a binder to follow divider tabs. ---PAGE BREAK--- TABLE OF CONTENTS VOLUME 1 ORGANIZATION AND STRUCTURE 1.01 Structure 1.02 Definitions 1.03 Official Zoning Map 1.04 Nonconforming Uses and Development 1.05 Planning Commission 1.06 Design Review Board VOLUME 2 LAND USE ZONING AND SPECIFIED USE STANDARDS 2.01 General Provisions 2.02 Residential Zones 2.03 Commercial Zones 2.04 Industrial and Public Zones 2.05 Overlay Districts 2.06 Accessory Structures 2.07 Special Uses 2.08 Specific Conditional Uses VOLUME 3 DEVELOPMENT GUIDELINES AND STANDARDS 3.01 Streets, Greenways & Other Off-Street Bicycle/Pedestrian Corridors, and Bus Transit....133 3.02 Utilities and Easements 3.03 Setbacks and Open Space 3.04 Vehicular & Bicycle/Pedestrian Access 3.05 Off-Street Parking and Loading 3.06 Landscaping 3.07 Architectural Design 3.08 Partitions and Subdivisions 3.09 Planned Unit Developments 3.10 Signs 3.11 VOLUME 4 ADMINISTRATION AND PROCEDURES 4.01 Decision-Making Procedures 4.02 Review, Interpretation and Enforcement VOLUME 5 APPLICATION REQUIREMENTS 5.01 Type I (Administrative) Decisions 5.02 Type II (Quasi-Administrative) Decisions 5.03 Type III (Quasi-Judicial) Decisions 5.04 Type IV (Quasi-Judicial) Decisions ---PAGE BREAK--- This page is intentionally left blank to facilitate section formatting for printing and binding with each chapter starting on an odd-numbered page so that staff can insert in a binder to follow divider tabs. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.01 Page 3 ORGANIZATION AND STRUCTURE 1.01 Structure 1.01.01 Title and Purpose 1.01.02 Annual Review of the WDO 1.01.03 Application and Construction of Regulations 1.01.04 Official Actions Shall Comply with the WDO 1.01.05 Relationship to Other Laws and Private Agreements 1.01.06 Prior Approvals and Conditions of Approval 1.01.07 Severability 1.01.01 Title and Purpose A. This ordinance may be referred to as the “Woodburn Development Ordinance” or by the abbreviation “WDO”, and in the table of contents each numbered set listed for a volume may be referred to as a “Chapter”. Within a chapter, sets of provisions beginning with the decimal format “0.00.00” may be referred to as a “Section”. B. The Woodburn Development Ordinance is intended to: 1. Implement the Woodburn Comprehensive Plan in accordance with Oregon’s statewide planning goals and statutes; 2. Implement additional adopted long-range plans; 3. Facilitate adequate provisions for transportation, water, sewage, drainage, schools, parks and other facilities; 4. Require land developers to construct or fund street improvements, and other improvements for the public, to the greatest extent allowable under the law in order to lessen the cost of serving development on existing residents. 5. Provide adequate light, air, open space, and convenience of access; 6. Enhance safety from fire, flood and other dangers; 7. Protect environmental resources and natural systems; 8. Promote the health, safety, peace, prosperity, and general welfare of the City’s residents and visitors; 9. Promote a logical growth pattern within the City and the economic extension of public services and facilities; 10. Encourage compatible and beneficial uses of land throughout the City by segregating uses to minimize incompatibilities; 11. Provide for a variety of housing types and promote affordable housing; 12. Preserve the character of the City by enhancing the aesthetic quality of the built environment and acknowledging the City’s historic architecture; 13. Provide avenues for residents of the City to participate in the establishment and amendment of land use regulations and plans; 14. Provide residents of the City with the opportunity to participate in ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.01 Page 4 development decisions; 15. Provide a process whereby property may be reclassified for other suitable uses consistent with the Comprehensive Plan and changing conditions and community values; 16. Protect the rights of property owners; and 17. Provide effective means of administrative relief for situations where the regulations impose an excessive burden on a particular property. 1.01.02 Annual Review of the WDO The Director should maintain a list of potential modifications of the WDO, due to new state or federal laws and rules, case law precedents, scrivener errors, interpretation, or other changes in circumstance. The Director should report these matters to the City Council at its first regular meeting in the month of November, so that the Council may consider initiating appropriate measures to modify the WDO. 1.01.03 Application and Construction of Regulations A. The provisions of the WDO shall be considered the minimum regulations adopted to promote the public health, safety and general welfare; and shall apply uniformly to each case or kind of use, structure or land unless varied or otherwise conditioned, as allowed in the WDO. B. A period of time to perform expressed in days shall mean consecutive “calendar days” unless otherwise defined. The number of calendar days is counted beginning with the first date after the date or event from which the period begins, and ending at 5 o’clock p.m. on the last day of the number of days stated, unless the last day is not a City business day, in which case the last day of the period shall be the first City business day following the last of the consecutive calendar days. 1.01.04 Official Actions Shall Comply with the WDO All officials, contractor-officials, and employees of the City vested with authority to issue permits or grant approvals shall adhere to and require conformance with the WDO, and shall issue no permit or grant approval for any development or use which fails to comply with conditions or standards imposed to carry out the WDO. 1.01.05 Relationship to Other Laws and Private Agreements It is not the intent of the WDO to interfere with, abrogate or annul any easement, covenant or agreement between parties; provided, however, that where the WDO imposes greater restrictions than those imposed or required by other rules or regulations, the provisions of the WDO shall control. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.01 Page 5 1.01.06 Prior Approvals and Conditions of Approval Developments, including subdivisions, partitions, planned unit developments, zone changes, conditional uses, variances, site development review and other development applications for which approvals were granted before the effective date of the WDO, may occur pursuant to such approvals; except that all subsequent modifications to development approvals shall comply with the WDO. 1.01.07 Severability If any section, paragraph, subdivision, clause, or sentence of the WDO shall be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of the WDO. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 6 This page is intentionally left blank to facilitate section formatting for printing and binding with each chapter starting on an odd-numbered page so that staff can insert in a binder to follow divider tabs. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 7 1.02 Definitions Note: Terms not defined in this Section have the meaning set forth in the New Oxford American Dictionary, 2010 edition (see Section 4.02.06.B.6.) Abutting: Touching on the edge or on the line, including at a corner. It shall include the terms adjacent, adjoining and contiguous. Access: The place, means or way by which pedestrians or vehicles have ingress and egress to and/or from a lot or use. Accessory Building, Structure or Use: A detached building, structure or use which is incidental and subordinate to, and supports the primary use on, the same premises. Accommodations: • Bed and Breakfast Inn: A single-family dwelling with at least one room offered to the general public for lodging on an overnight or weekly basis, with a meal provided. • Hotel: A building in which rooms are offered to the general public for lodging on an overnight or weekly basis, where the primary entrance is through a lobby or foyer with internal circulation to the rooms. • Living Unit: A room or suite of rooms, providing living and sleeping facilities for one or more persons where either cooking or eating and/or sanitation facilities are shared. In a rooming and boarding house, each bed rented for compensation is a “Living Unit.” Note: Living unit is not synonymous with “dwelling unit.” • Motel: a group of attached or detached buildings, in which more than five rooms are offered to the general public for lodging on an overnight or weekly basis, where the rooms have direct access to the outside without the necessity of passing through the main lobby of a building. • Rooming and Boarding House: A residential building or portion thereof with guest rooms, providing lodging or lodging and meals, for three or more persons for compensation. ADA: The acronym refers to the federal Americans with Disabilities Act (1992) and in the context of WDO standards means compliance with contemporary federal provisions with which developers are bound to comply as standards and compliance with any contemporary supplemental state of Oregon provisions with which developers are bound to comply as standards. Adjacent: Near, close or bordering but not necessarily contiguous with; adjoining but separated by a right-of-way. Administrative Body: The City Council, Planning Commission, Design Review Board, or staff member having the jurisdiction to hear and decide proceedings on land use actions. Alley: A public right-of-way not more than 20 feet wide and not less than 10 feet in width that provides vehicular access to property instead of or in addition to a public street, that intersects with a public street, and that can serve as a utility corridor. Distinct from “Shared Rear Lane”. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 8 Alteration, Structural: Any change in the exterior dimensions of a building, or a change which would affect a supporting member of a building, such as a bearing wall, column, beam or girder. Anti-Graffiti Surface: Either a preparation applied to the surface area of a wall or fence that is formulated to aid in the removal of unintended paint or other surface markings; or evergreen vegetation planted directly in front of, or covering, a fence or wall in a way that obscures the visibility of at least 75 percent of any element of each exterior face. Application: Any request for approval of a development or a legislative amendment to the City’s land use regulations, comprehensive plan or related maps. Approval Criteria and Approval Standards: All standards which must be met in order to approve an application. Depending upon the specific application, approval criteria include standards contained in the Woodburn Development Ordinance, Woodburn Comprehensive Plan and applicable state law. Articulate/Articulation: The joining and intersecting of walls or building spaces through offsets, projections, overhangs, extensions and similar features. Berm: A linear mound of soil, a small rise or hill in a landscape which is intended to buffer or visually screen certain features of development, such as parking. Block: A unit or contiguous units of land bounded by intersecting streets. Buffer: Landscaping and/or screening between two land uses of differing character to minimize potential conflicts and provide a more aesthetic environment. Building: Any structure having a roof built for the support, shelter, or enclosure of persons, animals, or property of any kind. Building Footprint: Horizontal area as seen in plan, measured from outside of all exterior walls and supporting columns. It includes dwellings and any area of attached garage that exceeds 200 square feet. It excludes detached garages or carports; accessory structures; trellises; patios; areas of porch, deck, and balcony less than 2.5 feet above finished grade; cantilevered covers, porches or projections; or ramps and stairways required for access. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 9 Building Height: The vertical distance above a reference datum measured to the highest point of the coping or flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum height of any segment of the building. The reference datum shall be selected by either of the following, whichever yields the greater height of building: 1. The elevation of the highest adjoining sidewalk or ground surface within 5-foot horizontal distance of the exterior wall of the building, when such sidewalk or ground surface is not more than 10 feet above the lowest grade (See Figure Figure 1.02A). 2. An elevation 10 feet higher than the lowest grade, when the sidewalk or ground surface described in section 1 above is more than 10 feet above the lowest grade (See Figure Figure 1.02B). Figure 1.02A – Building Height Figure 1.02B – Building Height ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 10 Building, Primary: A building within which is conducted the main or principal use of the property. Cabana: A stationary structure with two or more walls, used in conjunction with a manufactured dwelling to provide additional living space and meant to be moved with the manufactured dwelling. Caliper: The diameter of a tree measured 6 inches above ground level for trees up to 4 inches in diameter, or 12 inches above ground level for trees 4 inches or more in diameter. Note: A “Tree, Significant” or “Significant Tree” is measured differently per that definition, regardless of its caliper. Figure 1.02C – Caliper and Diameter at Breast Height (DBH) Concepts Care services: • Child Care: The care, supervision and guidance on a regular basis of a child, unaccompanied by a parent, guardian or custodian, provided to a child during a part of the 24 hours of the day, in a place other than the child’s home, with or without compensation. • Child Care Facility: A facility that provides child care, including a day nursery, nursery school, day care center, or similar unit operating under any name, but not including: o a facility providing care that is primarily group athletic or social activities sponsored by or under the supervision of a church or an organized club or hobby group. o a facility operated by a school district or a governmental agency. o a facility providing care while the child’s parent remains on the premises and is engaged in an activity offered by the facility or in other non-work activity. o a Child Care Home. • Child Care Home: A residential facility certified by the Oregon Child Care Division. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 11 • Group Care Facility: A facility that provides residential care, treatment, or training for six or more socially dependent individuals or individuals with physical disabilities or mental retardation or other developmental disabilities or mental, emotional or behavioral disturbances or alcohol or drug dependence. Note: See “Residential Care,” Residential Care Facility,” “Residential Training Facility,” “Residential Treatment Facility,” “Training,” and “Treatment” in ORS 443.400. Group Care Facility includes what is commonly called an “assisted living facility.” • Group Home: A facility that provides residential care, treatment, or training for five or fewer socially dependent individuals or individuals with physical disabilities or mental retardation or other developmental disabilities or mental, emotional or behavioral disturbances or alcohol or drug dependence. Note: See “Residential Care,” Residential Care Home,” “Residential Training Home,” “Residential Treatment Home,” “Training,” and “Treatment” in ORS 443.400. Group Home includes what is commonly called an “assisted living facility” or “adult foster home.” • Nursing Home: A building or portion of a building containing living units and providing inpatient nursing and rehabilitative services. Nursing Home includes “hospice” but does not include “Group Care Facility,” “Group Home,” or “Hospital.” Carport: A permanent structure consisting of a roof and supports for covering a parking space which is not completely enclosed. Cemetery: Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including a columbarium, crematory, mausoleum, or mortuary, when operated in conjunction with, and within the boundary of, such cemetery. Change of Use: A change from one type of use of a building or land to another type of use for uses as defined by the Woodburn Development Ordinance. Church: See “House of Worship.” CIP: The acronym refers to both the City Capital Improvement Program and the five-year Capital Improvement Plan that implements the program. Community Building: A facility available for public use for meetings, recreation, education. Common courtyard: A common area for use by residents of a cottage cluster. A common courtyard may function as a community yard. Hard and soft landscape features may be included in a common courtyard, such as lawn grass, vegetative groundcover, trees, shrubbery, benches, picnic benches, bicycle/pedestrian paths, bicycle parking, bollards, dog waste stations, drinking or ornamental fountains, playgrounds, plazas, gazebos, pavilions, or other outdoor shelters, signage, or trash and recycling receptacles (excluding receptacles as dumpsters, bins, and cans within enclosures). Condominium: A building or group of buildings, in which separate buildings or portions of buildings are separately owned, while the land on which the building(s) is located is held in a common ownership. Conforming: In compliance with the current regulations of the Woodburn Development Ordinance. Contiguous: Touching along a boundary or point. Note: see also “abutting” and “adjacent.” Corner Clearance: The distance from an intersection of a street to the nearest driveway. The distance shall be measured along the traveled way of the street connecting the intersecting street ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 12 and the driveway, starting from the closest edge of the pavement of the intersecting street and ending at the closest edge of pavement of the driveway (See Table 3.04A). Cottage Cluster: A grouping of no fewer than 4 detached dwelling units per acre, each with a footprint of fewer than 900 square feet, located on a single lot or parcel that includes a common courtyard. Cottage cluster may also be known as “bungalow court,” “cluster housing,” “cottage court,” “cottage housing,” or “pocket neighborhood.” Cottage Cluster Project: A site development area with one or more cottage clusters. Each cottage cluster as part of a cottage cluster project shall have its own common courtyard. County: Refers to the government of Marion County, Oregon. Delivery Service: The delivery of packages and the sale and/or delivery of food and/or beverages. Density: • Gross Density or Units per Gross Acre: The number of dwelling units or living units per acre prior to calculation of net density. • Net Density or Units per Net Acre: The number of dwelling units or living units per acre based on net buildable area, which is the area of a parcel that excludes land dedicated for public rights-of-way or stormwater easements, common open space, and unbuildable natural areas. Department: The Community Development Department of the City of Woodburn. Development: A building or grading operation, making a material change in the use or appearance of a structure or land, dividing land into two or more parcels, partitioning or subdividing land, or the creation or termination of an access right. Development Standard: The requirement of the City with respect to the quality and quantity of an improvement or activity. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 13 Diameter at Breast Height (DBH): 1. Normal context: The diameter of a tree trunk at a height of 4.5 feet above the ground. (A way to calculate DBH is to measure the circumference of the trunk and divide the value by the mathematical constant pi, which is approximately 3.14.) Figure 1.02H – Measuring Tree Size for Existing Trees in Normal Context 2. Angle or Slope: When the trunk is at an angle or is on a slope, the trunk is measured at right angles to the trunk 4.5 feet along the center of the trunk axis, so that the height is the average of the shortest and the longest sides of the trunk. See Figure 1.02J. Figure 1.02J – Measuring Existing Trees with an Angle or on Slopes ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 14 3. Branched or Split Trunk: When the trunk branches or splits less than 4.5 feet from the ground, the trunk is measured at the smallest circumference below the lowest branch. See Figure 1.02K. Figure 1.02K – Measuring Split Trunk Tree 4. Multi-stemmed: For multi-stemmed trees, the size is determined by measuring all the trunks and adding the total diameter of the largest trunk and half the diameter of each additional trunk; see Figure 1.02L. A multi-stemmed tree has trunks that are connected above the ground and does not include individual trees growing close together or from a common root stock that do not have trunks connected above the ground. Figure 1.02L – Measuring Multi-Stemmed Trees Director: The Director of the Community Development Department of the City of Woodburn or designee. Door area: The area of the portion of a door, other than a garage door, that is operable, excluding the doorframe. Driveway: A private vehicular means of access to and from a property, a parking space or area, a garage, or a use, intended to allow vehicular ingress and egress but not intended to provide the traffic circulation function of a street. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 15 Dwellings: • Cottage: A dwelling that is part of a cottage cluster and with a footprint of fewer than 900 square feet. • Duplex: Two attached dwelling units on one lot. If and where such two dwellings can meet both the “duplex” definition above and the definition of a house with an accessory dwelling unit (ADU), the developer shall specify in writing through the land use or building permit application materials whether the City, regarding administration of the WDO and excluding state building or other codes, is to review the dwelling as either a duplex or a house with an ADU. Absent developer indication in writing, the Director may choose. • Dwelling Unit: A building or portion of a building providing complete, independent living facilities for occupancy by one family, including permanent provisions for living, sleeping, eating, cooking and sanitation. Note: “Dwelling unit” is not synonymous with “living unit.” • Medium Density Residential: Any building where the predominant use is multiple-family residential, nursing home, or group care facility. • Manufactured Dwelling: Any of the following: 1. Residential trailer: A structure constructed for movement on the public highways which has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed before January 1, 1962. 2. Mobile home: A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of the Oregon mobile home law in effect at the time of construction. 3. Manufactured home: A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards and regulation in effect at the time of construction. Manufactured dwelling does not mean any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the One and Two Family Dwelling Code adopted pursuant to ORS Chapter 455 or any unit identified as a recreational vehicle by the manufacturer. • Multiple-Family Dwelling: A building on a single lot containing 5 or more attached dwelling units. Note: This definition does not include townhouses, where attached single-family dwelling units are located on separate lots, or cottages, where detached units are part of a cottage cluster on the same lot. • Quadplex: Four attached dwelling units on a lot. • Townhouse: A unit within a building containing 2 or more dwelling units, arranged so that each dwelling unit is located on a separate lot. The building often consists of a series of houses of similar or identical design, situated side by side and joined by ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 16 common walls. • Single-Family Dwelling: A detached building constructed on a single lot, containing one dwelling unit designed exclusively for occupancy by one family. • Triplex: Three attached dwelling units on a lot. • Accessory Dwelling Unit (ADU): An interior, attached, or detached residential structure that is used in connection with, or that is accessory to, a single-family dwelling. Note: Where it appears in the WDO, reference to dwelling or dwellings “other than multiple-family” excludes ADU unless a specific provision specifies otherwise. Employees: All persons, including proprietors, performing work on a premises. For calculating required off-street parking, it shall be the number present during the largest shift or peak season. Family: An individual or two or more persons related by blood, marriage, legal adoption or guardianship, or a group of not more than five persons (excluding servants) who need not be related by blood or marriage, living together in a dwelling unit. “Family” shall include two or more handicapped persons as defined in the Fair Housing Amendments Act of 1988 living as a single housekeeping unit. Final Action and Final Decision: The City’s final decision on a permit application for which there is either no appeal to another decision-maker within the City, or, if there is the possibility of a local appeal, an appeal was not timely perfected in accordance with the Woodburn Development Ordinance. Food Cart: A vehicle, trailer, wagon, or similar facility that is self-propelled or can be pushed or pulled down a sidewalk or street, and is primarily used for the sale of food and/or beverages directly to the consumer. Food Cart Pod: A site containing permanent spaces for two or more food carts and associated amenities (seating areas, restrooms, etc.) under common management on private property. Frontage: That portion of a lot which abuts a public street. Garage: A building, or portion of a building, which is completely enclosed and designed for the storage or parking of a vehicle. Grade: Adjacent ground elevation is the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and property line or, when the property line is more than 5 feet from the building, between the building and a line 5 feet from the building. Greenway: For purpose of applying greenway standards, the Mill Creek Greenway as the Mill Creek Greenway Plan (2006-2007 and as amended) identifies. Greenway trail: The mainline bicycle/pedestrian facility within a greenway, as distinct from spurs and supplemental paths and trails. Gross Floor Area (GFA): The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior wall or from the centerline of walls separating two buildings, but not including: 1. Attic and basement space providing headroom of less than seven feet; 2. Uncovered steps or fire escapes; ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 17 3. Private garages, carports, or porches; 4. Accessory water towers or cooling towers; 5. Off-street parking or loading spaces. Hatracking or hat-racking: To flat-cut the top or sides of a tree, severing the main branch or branches; or trimming a tree by cutting off branches and leaving a stub larger than 1 inch in diameter; or reducing the total circumference or canopy of a tree by more than a percentage. The presumptive percentage is 25.0 percent unless a certified arborist’s report documents that it may be higher without endangering the health or life of the subject tree or trees, with the limit that a report may allow for maximum 35.0 percent. Home Occupation: A business or professional activity engaged in by a resident of a dwelling unit as a secondary use of the residence, and in conformance with the provisions of the Woodburn Development Ordinance. Such a term does not include the lease or rental of a dwelling unit (See Section 2.02.10). House of Worship: A church, synagogue, temple, mosque or other permanently located building primarily used for religious worship. A house of worship may also include accessory buildings for related religious activities and one dwelling unit. Interested Person: With respect to a land use action, any person or organization, or the duly authorized representative of either, having a right of appeal under the Woodburn Development Ordinance. ITE: The acronym refers to the Institute of Transportation Engineers, which publishes both the Trip General Handbook (10th Ed. or as amended) and the manual Designing Walkable Urban Thoroughfares: A Context Sensitive Approach (2010 or as amended). Kennel: Any lot or premises on which four or more dogs and/or cats over the age four months are kept for sale, lease, boarding or racing. Landscaping: Areas primarily devoted to the planting and preservation of trees, shrubs, lawn and other organic ground cover, together with other natural or artificial supplements such as watercourses, ponds, fountains, decorative lighting, benches, arbors, gazebos, bridges, rock or stone arrangements, pathways, sculpture, trellises and screens. Legal Description: The description of a subject property by either metes and bounds or in reference to a lot, or lot and block, number of a recorded subdivision or partition. Legislative Action: Any final decision of the city that adds to, amends or repeals the City’s land use regulations, comprehensive plan or related maps and does not pertain to a particular property or small set of properties. Loading Space: An on-site space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or material. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 18 Lot: A lot or parcel created by subdivision or partition in compliance with ORS Chapter 92 and applicable zoning and subdivision ordinances, or created by deed or land sale contract recorded before subdivision requirements or partition requirements in the City of Woodburn (April 16, 1963) or for land in Marion County not yet incorporated in the City of Woodburn prior to major partition regulations (August 8, 1962) and minor partition regulations (September 1, 1977), exclusive of units of land created solely to establish a separate property tax account. Figure 1.02D – Lot Types • Corner Lot: A lot abutting two segments of street right-of-way along either, a curvilinear street, or two intersecting streets, where the projection of the two line segments forms an angle of intersection that is no greater than 135 degrees. • Flag Lot: A lot that is either a) accessed by an easement; or b) accessed by a strip of land; where the width of the driveway access is neither less than, nor exceeds by more than 20 percent, the standards of Table 3.04A. • Interior Lot: A lot with frontage on a single street. • Lot, Through: A lot which fronts on two streets which do not intersect along the boundaries of the lot. Lot Area: The total area of a lot, measured in a horizontal plane, within the boundary lines, excluding dedicated public rights-of-way and recorded irrevocable easements for private streets or driveways. Lot Coverage: The percentage, or portion, of total lot area covered by primary and/or accessory buildings, including roofed but unenclosed structures, but excluding covered structures less than five feet in height and having less than 20 square feet of gross floor area (such as pet shelters and play houses). Lot Depth, Average: The horizontal distance measured from the midpoint of the front lot line to the midpoint of the rear lot line. Lot Line: The property lines forming the exterior boundaries of a lot. • Front Lot Line: 1. In the case of an interior lot, a line separating the lot from the street. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 19 2. In the case of a corner lot, a line separating the lot from the street from the architectural front of the existing or contemplated primary building. 3. In the case of a flag lot resembling Figure 1.02D example Lot 3, the lot line which is most nearly parallel to the street that provides access to the interior lot, or resembling example Lot 4 by not having a pole, then the lot line most nearly parallel to the access easement and that is closest to the easement. • Rear Lot Line: 1. In the case of an irregular, triangular, diamond, or trapezoidal shaped lot which is narrowest at the rear and has a distance between the side lot lines at the rear of less than ten feet, the rear line for setback purposes shall be an assumed line within the lot ten feet in length, parallel to, and at the maximum distance from, the front lot line; or 2. In any other case, the lot line opposite and most distant from the front lot line. • Side Lot Line: Any lot line, which is not a front or rear lot line. Lot Width: The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. Manufactured Dwelling Park: Any place where four or more manufactured dwellings are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease or use facilities or to offer space free in connection with securing the trade or patronage of such person. The term does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot, if the subdivision was approved pursuant to ORS Chapter 92. • Park Space: Any area or portion of a manufactured dwelling park, which is designated or used for the placement of one manufactured dwelling and appurtenant facilities. Middle Housing: Duplexes, triplexes, quadplexes, cottage clusters, and townhouses as defined in ORS 197.758(1)(a) & and OAR [PHONE REDACTED]. The WDO remains applicable if and where it adds definition, description, provisions, requirements, or standards that do not conflict with statute or administrative rule. Mini-Storage Warehouse: An area within an enclosed building or structure used for the storage of personal property for compensation. Mobile Food Service: A traveling food cart that operates at various destinations along a route. MUTCD: The acronym refers to the Manual on Uniform Traffic Control Devices published by the United States Department of Transportation (U.S. DOT) Federal Highway Administration (FHWA) and in the context of WDO standards means compliance with contemporary federal provisions with which developers are bound to comply as standards and compliance with any contemporary supplemental state of Oregon provisions with which developers are bound to comply as standards. NACTO: The acronym refers to the National Association of City Transportation Officials, which publishes the Urban Street Design Guide. Nonconforming Development: Any development which met all applicable development standards imposed by applicable City or County zoning ordinance provisions when the development was established, and which has been maintained in compliance with such standards; but which does not comply with the current development standards of the Woodburn ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 20 Development Ordinance solely because of the adoption or amendment of the Woodburn Development Ordinance, or because annexation to the City resulted in application of different development standards to the subject property. It also includes any of frontage, street, and other public improvements that do not comply with current WDO standards. Non-final Decision: Any decision by the Director, Planning Commission or Design Review Board which is not a final decision, but is appealable to another decision maker within the City. OAR: The acronym refers to Oregon Administrative Rules. ODOT: The acronym refers to the Oregon Department of Transportation. OFC: The acronym refers to the Oregon Fire Code. Open Space, Common: An area, feature, building or other facility within a development which has been dedicated in common to the ownership within the development, or to the public, specifically for the purpose of providing places for recreation, conservation or landscaping, and which is intended for the use of the residents and property owners of the development. Open Space, Usable Common: Common open space, the use of which conforms with use and development guidelines specified by the Woodburn Development Ordinance. ORS: The acronym refers to Oregon Revised Statutes. Owner: The owner of record of real property, as shown on the latest tax rolls or deed records of the county, or a person who is purchasing a parcel of property under a written sales contract. Parking Lot or Area: An on-site building, structure, or improved area, other than a street or alley, used for the parking of automobiles and other vehicles. Partition: Note: Partition is defined in State statute. See ORS 92.010. Pedestrian Facilities: Improvements which provide for public pedestrian foot traffic, including sidewalks, walkways, crosswalks and other improvements, such as lighting or benches, which provide safe, convenient and attractive walking conditions. Permit: Any form of approval pertaining to the use of land rendered by the City under the Woodburn Development Ordinance, including subdivisions, partitions, property line adjustments, zone changes and plan amendments, land use, limited land use and expedited land divisions. Planned Unit Development or PUD: A type of land development which, as a single project, allows for mixed use and design flexibility that is based on a design which is in compliance with the Comprehensive Plan, the uses allowed by underlying zoning, specified exceptions to zoning standards and applicable subdivision, condominium and homeowner association requirements of the Woodburn Development Ordinance. Plant Unit: A quantity of specified plant materials (See Table 3.06B). PUE: The acronym refers to public utility easement. Qualified Professional: For the purposes of completing a Flood Habitat Assessment Report in accordance with the requirements of this Ordinance, a “Qualified Professional” shall have a minimum of a Bachelor’s degree in wildlife or fisheries habitat biology, or a Bachelor’s degree in a related biological field from an accredited college or university with experience as a practicing fish or wildlife habitat biologist. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 21 Recreational Vehicle or RV: A vehicle with or without motive power that is designed for human occupancy and to be used temporarily for recreational, seasonal, or emergency purposes. The term includes camping trailer, motor home, park trailer, travel trailer, and truck camper. Recreational Vehicle Park or RV Park: A plot of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles belonging to the general public as temporary living quarters for recreational or vacation purposes. Recycling Center: An area or structure used for the collection and temporary storage of non-putrescible, discarded materials, which will be transported elsewhere to be reused or recycled. Repair: The reconstruction or renewal of any part of an existing building or structure for the purposes of maintenance. The term shall not include structural alteration. Review Area: The review area that defines the character of surrounding dwellings and immediately surrounding dwellings shall encompass the five nearest dwellings to the subject lot that are on the same street and that are within 500 feet of the subject lot. Root Protection Zone (RPZ): A circular area around a tree that is based on the diameter of the tree. Each 1 inch diameter of tree equals 1 foot radius for the RPZ. See Figure 1.02M. Figure 1.02M – Root Protection Zone Measurement ROW: The acronym refers to right-of-way. Unless a WDO provision specifies otherwise, ROW excludes railroad right-of-way. School, Elementary, Middle or High: A public or private institution offering instruction in the several branches of learning and study, in accord with the rules and regulations of the State Department of Education. Screening: A sight-obscuring fence, architectural wall, or evergreen hedge at least 6 feet in height. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 22 Setback or Setback Line: The minimum distance between a specified line and the foundation or exterior wall of a building or structure, whichever is closer. 1. For interior and corner lots, the distance shall be measured from the abutting property line. 2. In a Manufactured Dwelling Park, setbacks shall be measured from the delineation of a “Park Space.” 3. For Interior Flag Lots, setbacks shall be measured from a property line, except in the case of development that abuts a flag lot driveway access easement or strip of land in fee. In that case, the setback shall be measured from the easement line or the property line, whichever is closer to the development. Note: A setback is the minimum required distance between a structure and a lot line, whereas a yard is the actual area between a structure and a lot line. Figure 1.02E – Setbacks and Yards ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 23 Setback, Average: For any continuous wall, “average setback” shall be as follows: 1. For a straight wall: The distance derived from dividing the sum of the closest and furthest points of the building wall from the property line by two; or 2. For an articulated wall: The location of a wall where the yard area abutting the property line (accounting for offsets and jogs) is equal to the yard area computed by multiplying the length of the wall by the standard for the allowable average setback. Figure 1.02F – Average Setback for a Straight Wall Figure 1.02G – Average Setback for an Articulated Wall Shared Rear Lane: Similar to “Alley”, except that it remains privately maintained and a legal instrument grants the City and the public access to it. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 24 Story: A portion of a building between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, the space between such floor and the ceiling next above it, except that each of the following is not a building story: 1. A basement or cellar if the height from finished grade at the exterior perimeter of the building to the finish floor elevation (FFE) above is 6 feet or less for at least 50 percent of the perimeter and does not exceed 12 feet above grade at any point; 2. A loft or mezzanine that has a gross floor area (GFA) of less than 50 percent of the GFA of the lower floor over which it projects. 3. An attic or similar space under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than 2 feet above the floor of such space. Street: • Boundary Street: That portion, or portions, of a street right-of-way abutting a subject property where existing or proposed development is located within 260 feet of the subject right-of-way. • Cul-de-sac: A dead end street having a turnaround area at the dead end. • Park Street: A private street which affords the principal means of access to abutting individual manufactured dwelling spaces and auxiliary buildings within a manufactured dwelling park. • Public Street: The entire width between the right-of-way lines of a public way capable of providing the principal means of access to abutting property. Structural Alteration: Any alteration, addition or removal of any structural member of a building, or structure. Structure: That which is built or constructed; an edifice or building of any kind; or any piece of work artificially built up or composed of parts joined together in some definite manner, regardless of whether it is wholly or partly above or below grade. Subdivision: Note: Subdivision is defined in State statute. See ORS 92.010. Subject Property: The real property or properties that is/are the subject of a permit application. Substantial construction: In the context of expiration or vesting, a context in which the City has inspected, tested, and found acceptable under applicable WDO and public works construction code requirements and land use conditions of approval the public and private infrastructure required by this definition, unless the City Administrator and developer agree in writing to a specified lower standard: a. All surface and subsurface public improvements, including off-site improvements, associated with the development or, where there is an approved Phasing Plan per Section 5.03.05, the development phase. The Director and Public Works Director may use ORS 455.175(1)(c) as a guide to interpret and administer this requirement. b. The foundation or shell of a building. In the context of residential development where it includes any one or more of a clubhouse, leasing office, recreation building, or other communal building for use by apartment tenants or homeowners association members, it shall be one of these buildings for which a developer constructs a foundation or shell. Grading alone is not substantial construction. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 25 Townhouse Project: One or more townhouse structures constructed together with the site development area where there is land division establishing townhouse lot lines and any common area tracts. Tree, Significant: An existing tree that is 24 inches or more in diameter at breast height, which equates to 6 feet, 3¼ inches or more in circumference, and one of two classes: • Class S: Up to fewer than 36 inches; and • Class T: 36 inches or wider, which may be termed a Tremendous Tree. (A diameter at breast height of 36 inches equates to 9 feet, 5 inches or more in circumference.) (“Diameter at breast height” is defined above within this Chapter 1.02). UGB: The acronym refers to urban growth boundary. See the Comprehensive Plan and its land use map. Use: (noun) An activity or a beneficial purpose for which a building, structure or land is designed, developed or occupied. • Ancillary Use: An ancillary use is a use that is subsidiary to a predominant use and is either vertically integrated with, or directly linked with, the conduct of a predominant use, or is exclusively for the benefit of occupants, or employees, of a predominant use. • Nonconforming Use: A use which met all applicable use standards imposed by applicable City or county zoning ordinance provisions when it was established, but which does not comply with the use standards of the Woodburn Development Ordinance solely because of the adoption of or amendment of the Woodburn Development Ordinance, or because annexation to the City resulted in the application of different use standards to the subject property (See also Nonconforming Development). • Permitted Use: Those land uses permitted in a zoning district that are allowed outright, subject to the standards of the Woodburn Development Ordinance. • Required Supporting Use: An on-site space or facility necessary to fulfill a dimensional or development standard of the Woodburn Development Ordinance, or a condition of a land use approval. Required supporting uses include access facilities, parking, loading, landscaping, and open space. Utilities: Water, sanitary sewer, storm drainage, natural gas, electrical, wire communication service, cable television and all persons and companies supplying the same. Vision Clearance Area (VCA): An area defined by the standards within which visual obstructions are regulated for safety purposes (See Section 3.03.06). Also known as “sight triangle”. Wall, Architectural: A brick, poured concrete, precast concrete, or CMU wall that meets the design standards of Section 3.06.06. Wall, Common: A wall or set of walls in a single structure shared by 2 or more dwelling units. The common wall is shared for at least 25 percent of the length of the side of the building of the dwellings. The common wall may be any wall of the building, including the walls of attached garages. (This definition has no necessary relationship to any that might exist in the state building code.) Wetlands: An area that is inundated or saturated by surface water or ground water at a frequency ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.02 Page 26 and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands, Significant: Wetlands which are defined by the criteria adopted by the Department of State Lands (DSL) pursuant to ORS Chapter 197 and are subject to land use regulation. Window Area: The total area of the glass within a window, including any interior grids, mullions, or transoms. Yard: An open and unoccupied space on the lot on which a building is situated. Note: A setback is the minimum required distance between a structure and a lot line, whereas a yard is the actual area between a structure and a lot line. (See Figure 1.02E) • Buffer Yard: A yard improved with landscaping and/or screening to applicable standards of the Woodburn Development Ordinance, that is located between two land uses of differing character to minimize potential conflicts and to provide a more aesthetic environment. • Front Yard: The space extending across the full width of a lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel to the nearest point of the foundation or exterior wall of the primary building or structure, whichever is closer. • Rear Yard: The space extending across the full width of the lot between the rear lot line, the depth of which is the minimum horizontal distance between the rear lot line and a line parallel to the nearest point of the foundation or exterior wall of the primary building or structure, whichever is closer. • Side Yard: The space extending from the front yard line to the rear yard line, the depth of which is the minimum horizontal distance between the side lot line and a line parallel to the nearest point of the foundation or exterior wall of the primary building or structure, whichever is closer. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.03 Page 27 1.03 Official Zoning Map 1.03.01 Adoption of the Official Zoning Map 1.03.02 Content of the Official Zoning Map 1.03.03 Depiction of Rights-of-Way 1.03.04 Interpretation of Zoning District Boundaries 1.03.05 Maintenance of the Official Zoning Map by Director 1.03.06 Maintenance of Land Use Decisions by City Recorder 1.03.01 Adoption of the Official Zoning Map The “Official Zoning Map” of the City of Woodburn is hereby adopted and made a part of the Woodburn Development Ordinance. 1.03.02 Content of the Official Zoning Map The location and boundaries of all zoning districts, overlay districts and all other graphic information required by the Woodburn Development Ordinance shall be noted on the Official Zoning Map. 1.03.03 Depiction of Rights-of-Way The Official Zoning Map need not depict zoning for rights-of-way. Regardless of depiction on the Official Zoning Map, zoning districts shall extend to the centerline of abutting rights-of-way. 1.03.04 Interpretation of Zoning District Boundaries Where there is uncertainty, contradiction or conflict concerning the intended location of zoning district boundary lines, the boundary lines shall be determined by consideration of the following guidelines in a Type IV review. Such a review may be initiated by the owner of the subject property or by the Director: A. Boundaries indicated as approximately following the center of right-of-way lines of streets, highways, railroad track or alleys shall be construed to be such district boundaries; B. Boundaries, when not adjacent to public rights-of-way, indicated as approximately following the boundaries of a lot shall be construed as following such boundaries; C. Boundaries indicated as approximately following the City limits shall be construed as following such boundary; D. Boundaries indicated as approximately following river, stream and/or drainage channels or basins shall be construed as following the center line of the channel of such river, stream or channel; and ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.03 Page 28 E. Whenever any public right-of-way is lawfully vacated, the lands formerly within the vacated right-of-way shall automatically be subject to the same zoning district designation that is applicable to lands to which the vacant land attaches. 1.03.05 Maintenance of the Official Zoning Map by Director The Director shall maintain an up-to-date copy of the Official Zoning Map and, shall have procedures in place to insure against accidental or unauthorized modification or loss of the data. 1.03.06 Maintenance of Land Use Decisions by City Recorder Pursuant to the Woodburn City Charter, the City Recorder shall maintain an accurate record of all land use decisions made by the City Council and Planning Commission. In the event of a conflict between the Official Zoning Map and a land use decision kept on file by the City Recorder, the land use decision shall control. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.04 Page 29 1.04 Nonconforming Uses and Development 1.04.01 Purpose & Applicability 1.04.02 Nonconforming Use 1.04.03 Nonconforming Development 1.04.04 Nonconforming Lots of Record Note: Nonconforming signs are regulated by Section 3.10.11. 1.04.01 Purpose & Applicability A. Purpose: To describe nonconformance, distinguish between land use and development, identify when and what nonconformities require upgrades to come into conformance, allow smaller partial redevelopments of sites to avoid the burden of upgrading, allow larger partial redevelopments of sites to avoid the burden of full upgrading, and to be lenient with the nonconforming use of land by older existing detached single-family dwellings. B. Applicability: The provisions of this Section relate exclusively to nonconformance relative to the WDO. Nothing in this Section shall be a abrogation, relaxation, or waiver of any provision of any other applicable law, ordinance, or regulation controlling the use or development of buildings, structures, or land. Section 1.02 defines nonconformance. 1.04.02 Nonconforming Use A. Multiple-family dwelling and non-residential uses: 1. Exterior or outdoor expansion: Nonconforming use may expand only through additional exterior or outdoor area for display, storage (including fleet or other vehicle storage), or operations or through additional off-street parking area. It may expand through unenclosed accessory structures or pre-fabricated sheds that do not require anchoring or building foundations. Improvements for exterior or outdoor expansion shall conform. It shall not expand through enclosed buildings with occupiable gross floor area. 2. The Director may allow nonconforming use to expand outdoors where the application of this section to a proposal is unclear. 3. Expansion onto adjacent property or onto subject property expanded through property line adjustment or lot consolidation is prohibited.. B. Residential other than multiple-family dwelling: The use of dwelling may expand through any of building addition, additional buildings, and accessory structures. However, the Director may regulate siting to account for potential redevelopment of a subject property that accommodates a conforming use or uses and public corridors and facilities and other public improvements. C. Termination: Vacancy of a year or longer shall be considered termination of a use, including a period of vacancy between the terminated use and proposed ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.04 Page 30 recommencement of the same use. However, the Director may waive this provision as guided by Section 4.02.06.. 1.04.03 Nonconforming Development A. Repairs and Maintenance: Except as otherwise provided in this Section, nonconforming structures and development and premises occupied by nonconforming uses may be repaired and maintained, so long as any such repair or maintenance does not in any way increase its nonconformity.. B. Destruction by Natural Disaster, Fire, Arson, or Similar: Any of a nonconforming building or structure, or, a use dependent upon such building or structure (with the exception of residential use other than multiple-family dwelling) shall be terminated under any one of the following circumstances: 1. Use of a building or structure that is substantially damaged or becomes deteriorated to the extent that it has been declared a “dangerous building or structure” and ordered demolished pursuant to the state building code or other federal, state or local regulations, shall be terminated upon such declaration and order; 2. Use of a building or structure which is substantially damaged or deteriorated to the extent that the cost of repairing the building or structure exceeds 60 percent of its replacement cost shall be terminated upon the date of such damage or deterioration. The replacement cost shall be established by the Building Official assuming new materials and compliance with the state building code; or 3. Use of a building or structure which is damaged or deteriorated less than 60 percent shall be terminated where permits and full reconstruction has not been initiated within one year of the preparation of a restoration estimate. The restoration cost shall be estimated by a registered engineer or architect assuming new materials and compliance with the state building code. C. Redevelopment: 1. Single family dwelling exception: Regarding dwellings that are other than multiple- family dwellings, partial redevelopment through any of addition, expansion, or alteration of exterior improvements of existing development shall conform. Exception: Any expansion or addition to dwellings that are other than multiple- family dwellings and existed before the effective date of the WDO of July 1, 2002 per Ordinance No. 2313, shall be exempt from the architectural guidelines and standards of the WDO; however, those located within the Neighborhood Conservation Overlay District (NCOD) shall remain subject. The exemption is not applicable within planned unit developments. 2. Multiple-family dwellings: a. Partial redevelopment: Where redevelopment would increase dwellings to result in a net total of 5 to 9 dwellings, or if off-street parking increases to no more than 19 stalls total, the standards for upgrading nonconformities shall be the same as for non-residential partial redevelopment per subsection 3a(2) below. b. Full redevelopment: Where redevelopment would increase dwellings to result in a net total of 10 or more dwellings, or if off-street parking increases to 20 or more stalls total, the standards for upgrading nonconformities shall be the same as per ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.04 Page 31 non-residential full development per subsection 3b(2) below. 3. Non-residential: New development that adds to or alters existing development shall conform. Regarding development nonconformities on the remainder of a site: a. Partial redevelopment: Thresholds: Where: Building gross floor area increases by no more than either 500 square feet for non-industrial or 1,000 square feet for industrial, or by up to 24.9% from an existing amount, whichever is less; or Off-street parking increases from zero to no more than 19 stalls or from an existing amount by up to 24.9% from an existing amount. Standards: Upgrade to provide the following minimum improvements as other WDO sections specify: Improvements per Section 3.01; Walkways, wide walkways, and drive aisle walkway crossings; Off-street parking for the partial redevelopment; Carpool/vanpool parking; Bicycle parking and bicycle parking directional signage; Landscaping of minimum setback abutting a street or streets, or where no minimum setback is required, then the depth of yard up to 20 ft; Landscaping of minimum parking area setback; Landscaping of additional parking area, if any; and Pavement of unpaved driveway throat minimum 18 feet from ROW. The Director may limit partial redevelopment to no more frequently than yearly to prevent successive partial redevelopments from cumulatively avoiding the upgrade standards for full development. b. Full Redevelopment: Thresholds: Where: Building gross floor area increases by more than either 500 square feet for non-industrial or 1,000 square feet for industrial, or by 25% or more from an existing amount, whichever is less; Off-street parking increases from zero to 20 stalls or more total or from an existing amount by 25% or more; or Standards: Upgrade all nonconformities exterior to buildings. This includes any of frontage, street, and public improvements that are nonconforming. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.05 Page 32 1.04.04 Nonconforming Lots of Record Any nonconforming lot of record may be used, provided all standards not involving width or lot area shall comply with the WDO. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.05 Page 33 1.05 Planning Commission 1.05.01 Composition, Terms and Vacancies 1.05.02 Organization of the Commission 1.05.03 Functions and Duties of the Commission 1.05.01 Composition, Terms and Vacancies A. Creation of the Commission 1. The Woodburn Planning Commission as created and organized pursuant to Ordinance 1807, is hereby recreated and continued as provided herein. 2. The Commission shall have the duties and powers set forth in this Section and such further and additional powers and duties conferred by the constitutions and laws of the United States and the State of Oregon, the Charter, Ordinances and Resolutions of the City of Woodburn, and as directed by the City Council. 3. The Commission shall act as the Design Review Board under the WDO except where the City Council has acted by resolution pursuant to Section 1.06.01 to appoint a Design Review Board. B. Composition of the Commission 1. The Commission shall consist of a total of seven members appointed by the Mayor to a full or unexpired term, and confirmed by the City Council. Any vacancy in the Commission shall be filled by appointment by the Mayor with the consent of the City Council for the unexpired portion of the term. 2. All members of the Commission shall be legal residents of the City of Woodburn, with the exception of one member, who may reside outside the City. 3. No more than one member shall be engaged principally in the buying, selling, or developing of real estate for profit as an individual, or as a member of any corporation that is engaged principally in the buying, selling or developing of real estate for profit. No more than one member shall be engaged in the same kind of business, trade or profession. C. Terms of Office 1. The terms of office of each Commissioner shall be four years, or until a successor is appointed and qualified. The terms of the Commissioners shall be staggered so that not more than three members’ terms of office will expire in the same year. The terms of office shall expire at midnight on December 31. 2. Commission members shall be installed at the first regular meeting of the Commission following the expiration of a term or vacancy, and their confirmation by the City Council. Installation shall be completed after an oath or affirmation to uphold the Constitutions of the United States and the State of Oregon and impartially perform the duties of the office to best of their ability. ---PAGE BREAK--- Woodburn Development Ordinance Section 1.05 Page 34 3. The Council may remove a Commissioner, after hearing, for misconduct or nonperformance of duty. D. Compensation Members of the Commission shall receive no compensation for their services, but may be reimbursed for expenses incurred in the performance of their duties. 1.05.02 Organization of the Commission A. Officers 1. The Commission shall elect a Chair and a Vice Chair. The terms of office shall comply with the rules and regulations of the Commission and City Council. 2. The Director shall serve as Secretary for the Commission. The Secretary, supported by other City staff, shall provide notice of public meetings and public hearings, and keep minutes of all proceedings of the Commission in accordance with state law and City ordinances. B. Meetings 1. Four members of the Commission shall constitute a quorum. 2. The regular meeting place of the Commission shall be at the City Hall. 3. The Commission may establish rules to conduct its business consistent with the laws of the State of Oregon and with the Charter and Ordinances of the City of Woodburn. 1.05.03 Functions and Duties of the Commission A. General Responsibilities for Recommendations to the City Council and Others Except as otherwise provided by the City Council, the Commission shall have the power to make recommendations to the City Council and to all other public authorities regarding the following: 1. The laying out, widening, extending, and locating of public thoroughfares, parking of vehicles and relief of traffic congestion; 2. Betterment of housing and sanitation conditions; 3. Establishment of zones or districts limiting the use, height, area and bulk and other characteristics of buildings and structures related to land development; 4. Protection and assurance of access incident to solar radiation; 5. Protection and assurance of access to wind for potential future electrical generation or mechanical application; 6. Plans for regulating future growth, development and beautification of the City in respect to its public and private buildings and works, streets, parks, grounds and vacant lots, and plans consistent with future growth and development of the city in order to secure to the City and its inhabitants sanitation, proper service of public utilities and ---PAGE BREAK--- Woodburn Development Ordinance Section 1.05 Page 35 telecommunications utilities, including appropriate public incentives for overall energy conservation and transportation facilities; 7. Plans for development and regulation of industrial and economic needs of the community, in respect to industrial pursuits; 8. Economic surveys of the present and potential needs of the City; 9. Needs of local industries with a view to strengthening and developing them and stabilizing employment conditions. B. Recommendations on Planning and Zoning The Commission shall make written findings and recommendations to the City Council on all proposed amendments to the Comprehensive Plan; proposed or revised ordinances relating to the regulation of land use; all types of land use applications specified for Commission review by the WDO; and all other matters as directed by the City Council after holding any prescribed public hearing. The Commission may also hold public hearings and make recommendations to the Council on any other matter that relates to the Commission’s powers and duties. C. Review and Tentative Approval The Commission shall have the duty and power to review and tentatively approve all Type III and Type IV applications, subject to review or appeal to the City Council. D. Other Duties of the Commission The Commission shall have the authority to exercise any and all powers, functions, and authority delegated to, or conferred upon, the Commission by the laws of Oregon, the Charter of the City of Woodburn, the WDO, or any other ordinance or resolution of the City of Woodburn. ---PAGE BREAK--- Woodburn Development Ordinance Section 1.05 Page 36 This page is intentionally left blank to facilitate section formatting for printing and binding with each chapter starting on an odd-numbered page so that staff can insert in a binder to follow divider tabs. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 1.06 Page 37 1.06 Design Review Board 1.06.01 Composition, Terms and Vacancies 1.06.02 Organization of the Board 1.06.03 Functions and Duties of the Board 1.06.01 Composition, Terms and Vacancies A. Creation of the Board 1. The City Council may, by resolution, create or dissolve a Design Review Board, which shall have the functions, duties and powers set forth in this Section. Until a Design Review Board is created, the functions, duties and powers set forth in this Section are vested in the Planning Commission. 2. The Board shall have the functions and duties and powers set forth in this Section and such further and additional functions and duties as may be conferred upon it by the Charter, Ordinances and Resolutions of the City of Woodburn, and as directed by the City Council. B. Composition of the Board 1. The Board shall consist of a total of five members, appointed by the Mayor to a full or unexpired term and confirmed by the City Council. 2. Voting membership of the Board shall include at least three design professionals or persons with experience and/or knowledge of design. No more than one voting member shall be engaged in the same kind of business, trade or profession. C. Terms of Office 1. The terms of office of the initially appointed members shall run as follows: two members until January 1 of the year that commences one year following their initial appointment and three members until January 1 of the year that commences two years following their initial appointment. The Council shall determine by lot the terms of the initial members. 2. The term of office of a member, other than those initially appointed, shall be for staggered terms of four years, or until a successor is appointed. The terms of office shall expire at midnight on December 31. 3. Board members shall be installed at the first regular meeting of the Board following the expiration of a term or vacancy. 4. The Council may remove a Board member, after hearing, for misconduct or nonperformance of duty. D. Compensation Members of the Board may receive compensation for their services as shall be determined by City Council and may be reimbursed for expenses incurred in the performance of their duties. ---PAGE BREAK--- Woodburn Development Ordinance Section 1.06 Page 38 1.06.02 Organization of the Board A. Officers 1. The Board shall elect a Chair and a Vice Chair. The terms of office shall comply with the rules and regulations of the Board. 2. The Director shall serve as Secretary of the Board. The Secretary, supported by other City staff, shall provide notice of public meetings and public hearings, and keep an accurate record of all proceedings and actions of the Board in accordance with state law and city ordinances. B. Meetings 1. Three members of the Board shall constitute a quorum. 2. The Board shall have a regular meeting schedule. All meetings of the Board shall be open public meetings. The regular meeting place of the Board shall be at the City Hall. 3. The Board shall establish rules to conduct its business consistent with the laws of the State of Oregon and with the Charter and Ordinances of the City of Woodburn. 1.06.03 Functions and Duties of the Board It shall be the function and duty of the Board to administer the design review provisions of the WDO that are identified as functions of the Board. It shall be the duty of the Board to make recommendations or decisions with written findings in compliance with the applicable procedures of the WDO. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.01 Page 39 2.01 General Provisions Zoning seeks to group like uses together, to separate incompatible uses, and to allow a wide range of land uses in appropriate environments and with appropriate regulations. The zones are depicted on the Official Zoning Map. This Section sets forth the regulations for each zone in the City. 2.01.01 Establishment of Zoning 2.01.02 Zoning Districts 2.01.03 Classification of Uses 2.01.04 Other Use Provisions 2.01.05 Documents Electronic Copies 2.01.01 Establishment of Zoning All areas within the corporate limits of the City of Woodburn are divided into distinctive land use categories, as depicted on the Official Zoning Map. The use of the territory within a zoning district shall be limited to the uses specified in the zoning district. 2.01.02 Zoning Districts The City of Woodburn shall be divided into the following zoning and overlay districts: A. Residential Zones: 1. Residential Single Family (RS) 2. Nodal Single Family Residential (RSN) 3. Retirement Community Single Family Residential (R1S) 4. Medium Density Residential (RM) 5. Nodal Multi-Family Residential (RMN) B. Commercial Zones 1. Downtown Development and Conservation (DDC) zone 2. Commercial General (CG) zone 3. Commercial Office (CO) zone 4. Mixed Use Village (MUV) zone 5. Neighborhood Nodal Commercial (NNC) zone ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.01 Page 40 C. Industrial and Public and Semi-Public Zones 1. Industrial Park (IP) zone 2. Light Industrial (IL) zone 3. Southwest Industrial Reserve (SWIR) 4. Public and Semi-Public (P/SP) zone D. Overlay Districts 1. Gateway Commercial General Overlay District 2. Interchange Management Area Overlay District 3. Neighborhood Conservation Overlay District 4. Nodal Overlay Districts 5. Riparian Corridor and Wetlands Overlay District 6. Southwest Industrial Reserve 2.01.03 Classification of Uses A. Within each zone, uses are classified as “permitted,” “special,” “conditional,” “specific conditional” and “accessory.” Further, uses are functionally classified by description of the particular activity (such as “site-built single-family dwelling”). B. Where a use is not defined in Section 1.02, the words of this ordinance describing such a use are to be given their ordinarily accepted meaning, except where the context in which they are used clearly indicates otherwise. C. In many cases, uses are listed under convenient categories. Such titles of subsections do not indicate nor shall they be construed as meaning that they themselves independently designate permitted, special, conditional or accessory uses. They are provided for ease of reference only. D. The uses listed in each use classification refer to the “predominant use.” The term “predominant use” not only describes the principal use but also allows for “ancillary uses” and “required supporting uses.” “Predominant use” does not differentiate about the duration of a use, uses of both permanent and temporary nature are considered to be the same. E. An ancillary use is a use that is subsidiary to a predominant use and is either vertically integrated with, or directly linked with, the conduct of a predominant use, or is exclusively for the benefit of occupants, or employees, of a predominant use. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.01 Page 41 2.01.04 Other Use Provisions The Woodburn Development Ordinance (WDO) included standards and procedure for development within the City of Woodburn. All development is subject to the standards of the WDO. The uses authorized in each zone are listed in Sections 2.02, 2.03, 2.04 and 2.06. There are additional standards, including standards for Accessory Uses (Section 2.06), Special Uses (Section 2.07), Conditional Uses (Section 2.08), Streets (Section 3.01), Utilities and Easements (Section 3.02), Setbacks (Section 3.03), Access (Section 3.04), Off-Street Parking and Loading (Section 3.05), Landscaping (Section 3.06), Architectural Design (Section 3.07), and Signs (Section 3.10). 2.01.05 Documents Electronic Copies A. Easements: Where any of extinguished, altered, or additional public easements are involved, a developer shall not apply for building permit until having completed recordations with the County and provided electronic copies of the recorded easement documents and drawings to the Director and the Public Works Director when and as any of them direct. B. Other document types: Including as-builts and the same as subsection A. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.01 Page 42 This page is intentionally left blank to facilitate section formatting for printing and binding with each chapter starting on an odd-numbered page so that staff can insert in a binder to follow divider tabs. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.02 Page 43 2.02 Residential Zones A. The City of Woodburn is divided into the following residential zones: 1. The Residential Single Family (RS) zone is intended to establish standard density single-family residential developments (typically 6,000 square foot lots). 2. The Nodal Single Family Residential (RSN) zone provides for row houses (attached single-family homes) and detached single-family homes on smaller lots (typically 4,000 square foot lots). 3. The Retirement Community Single Family Residential (R1S) zone provides small lot residential development for seniors, allowing single-family homes on lots as small as 3,600 square feet. 4. The Medium Density Residential (RM) zone provides for multi-family dwellings and care facilities at up to 16 dwelling units per net acre. 5. The Nodal Multi-Family Residential (RMN) zone provides for row houses, multi- family dwellings and care facilities at higher densities than non-nodal zones. B. Approval Types (Table 2.02A) 1. Permitted Uses are allowed outright, subject to the general development standards of this Ordinance. 2. Special Permitted Uses are allowed outright, subject to the general development standards and the special development standards of Section 2.07. 3. Conditional Uses (CU) may be allowed, subject to the general development standards of this Ordinance and conditions of Conditional Use approval. 4. Specific Conditional Uses (SCU) may be allowed, subject to the general development standards of this Ordinance, the specific standards of Section 2.08, and conditions of Conditional Use approval. 5. Accessory Uses are allowed outright, subject to the general standards of this Ordinance. Uses Allowed in Residential Zones Table 2.02A Use Zone Accessory Uses Conditional Uses (CU) Permitted Uses Special Permitted Uses Specific Conditional Uses (SCU) RS RSN R1S RM RMN A Dwellings 1 Single-family detached dwellings (houses) P P P P P 2 Duplexes P P P P P 3 Triplexes P P P P P 4 Quadplexes P P P P P ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.02 Page 44 5 a. Townhouses: In a group or groups each of maximum 4 attached dwellings. P P P P P b. Townhouses: Any number within a group P P 6 Cottage clusters S S S S S 7 Accessory dwelling unit (ADU) S S S S S 8 Manufactured dwellings S 1 S 1 S S S 9 Manufactured dwelling park S S ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 45 Uses Allowed in Residential Zones Table 2.02A Use Zone Accessory Uses Conditional Uses (CU) Permitted Uses Special Permitted Uses Specific Conditional Uses (SCU) RS RSN R1S RM RMN 10 Multiple-family dwellings (apartments) P P B Nonresidential, Care and Public Uses 1 Child care facility for 12 or fewer children P P P P P 2 Child care facility for 13 or more children, within a non-residential building. CU P 3 Elementary, middle and high schools CU CU CU CU CU 4 Government and public utility buildings and structures CU CU CU CU CU 5 Group care facility for six or more persons P P 6 Group home for five or fewer persons P P P P P 7 Historically or architecturally significant site SCU SCU SCU SCU SCU 8 House of worship S S S S S 9 Nursing home P P 10 Off-street parking to serve a non-residential use allowed in zone CU CU CU CU CU 11 Parks, play grounds and associated activities P P P P P 12 Rights-of-way, easements and improvements for streets, water, sanitary sewer, gas, oil, electric and communication lines, stormwater facilities and pump stations. P P P P P C Other Uses 1 Boat, recreational and vehicle storage pad S S S S S 2 Common boat, recreational and vehicle storage area S S S S S 3 Community club buildings and facilities S S S S S 4 Deck or patio A A A A A 5 Delivery services S S S S S 6 Facilities during construction S S S S S 7 Fence or freestanding wall A A A A A 8 Garage A A A A A 9 Golf courses without a driving range S S S S S 10 Golf driving range in conjunction with a golf course CU CU CU CU CU 11 Greenhouse, storage building, hobby shop A A A A A ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 46 Uses Allowed in Residential Zones Table 2.02A Use Zone Accessory Uses Conditional Uses (CU) Permitted Uses Special Permitted Uses Specific Conditional Uses (SCU) RS RSN R1S RM RMN 12 Home occupation S S S S S 13 Private recreational facilities, including swimming pool, hot tub, sauna, and game courts A A A A A 14 Residential sales office S S S S S 15 Temporary residential sales: a. Produce and plant materials grown on the property b. Estate, garage and yard sales c. Crafts and other hobby items S S S S S 1. Manufactured dwellings are not allowed in the Neighborhood Conservation Overlay District (NCOD). C. Development Standards (Tables 2.02B-F) ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 47 Residential Single-Family (RS) – Site Development Standards Table 2.02B KEY (See Figure 2.02B) Lot Area, Minimum (square feet) 1 Townhouse lot 1,500 Interior, flag or cul-de-sac lot Single-family dwelling, duplex, or triplex 6,000 Quadplex or cottage cluster 7,000 Corner lot Single-family dwelling, duplex, triplex, quadplex, cottage cluster, child care facility, or group home 2 7,000 Any other use 10,000 Lot Width, Minimum (feet) Townhouse lot 15 Any other use Interior, flag or cul-de-sac lot 50 Corner lot 60 Lot Depth, Average (feet) Interior, flag or cul-de-sac lot 90 Corner lot 90 Street Frontage Minimum (feet) Townhouse lot 15 Interior lot 40 Corner lot 50 Cul-de-sac lot 22 Flag lot 3 20-24 Residential Density, Minimum (units per net acre) 5.2 Front Setback and Setback Abutting a Street, Minimum (feet) 4, 5 Per Table 2.02G Side Setback, Minimum (feet) Townhouse lot Common wall Zero End unit exterior wall 5 Any other use 8 5 4 A B C D E F H G I J ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 48 Residential Single-Family (RS) – Site Development Standards Table 2.02B KEY (See Figure) Rear Setback, Average (feet) Cottage cluster 10 Any other use: Primary structure Building height (feet) 6, 13 16 or less 24 more than 16 and less than 28 30 11 28 or more 36 12 Accessory structure 5 Any use or structure, regardless of building height: To an alley or shared rear lane Zero Setback to a Flag Lot Development Vehicular Shared Access Easement, Minimum (feet) 1 Lot Coverage, Maximum (percent) 7 Primary building height 16 feet or less 40 Primary building height greater than 16 feet 35 Accessory structure 25 of rear yard 9, 10 Building Height, Maximum (feet) Primary structure Gateway overlay district (Section 2.05.01) 40 Outside Gateway overlay district 35 Features not used for habitation 70 Accessory structure 15 10 1. In flag lot development, excluding vehicular shared access easement area (See Section 1.02, Lot area) 2. Child care facility for 12 or fewer children, group home for five or fewer persons 3. See Table 3.04A, Flag Lot Access Width. 4. Except for flag lots under the option that all setbacks are 12 feet 5. Infill lots between developed lots: average of abutting residential buildings, plus or minus 5 feet, but not fewer than 10 feet 6. With a maximum deviation of five feet from the setback standard 7. Townhouses are exempt from maximum lot coverage, and per OAR [PHONE REDACTED](4)(g) cottage clusters are exempt from the maximum lot coverage standard. 8. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. 9. Accessory structures are included in the total lot coverage. 10. Accessory Dwelling Units are subject to specific development standards (see Section 2.07, Special Uses). K L M N P ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 49 11. Applies to the story or stories of the building within this height tier, not the ground story, per Figure 2.02B. 12. Applies to the story or stories of the building within this height tier, not the lower and ground stories, per Figure 2.02B. 13. Zoning Adjustment permissible. ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 50 Figure 2.02B: RS Development Standards Key Diagrams ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 51 Nodal Residential Single-Family (RSN) – Site Development Standards Table 2.02C KEY (See Figure 2.02C) Lot Area, Minimum (square feet) 1 Townhouse lot 1,500 Interior or cul-de-sac lot Single-family dwelling or duplex 4,000 Triplex 5,000 Quadplex or cottage cluster 7,000 Corner lot Single-family dwelling, duplex, or triplex 5,000 Quadplex, cottage cluster, or child care facility or group home 2 7,000 Any other use 10,000 Lot Width, Minimum (feet) Townhouse lot 15 Interior or cul-de-sac lot 30 Corner lot 40 Lot Depth, Average (feet) 80 Residential Density, Minimum (units per net acre) 7.9 Street Frontage, Minimum (feet) Townhouse lot 15 Interior 30 Corner lot 40 Cul-de-sac lot 22 Front Setback and Setback Abutting a Street, Minimum (feet) Per Table 2.02G Side Setback, Minimum (feet) Townhouse lot Common wall Zero End unit exterior wall 5 Any other use 5 Rear Setback, Average (feet) Cottage cluster 10 Primary structure 20 or zero 3, 5, 7 Accessory structure 5 To an alley or shared rear lane Zero Lot Coverage, Maximum (percent) Primary building height 16 feet or less 40 Primary building height more than 16 feet 35 Accessory structure 25 of rear yard 4, 6, 8 Building Height, Maximum (feet) Primary structure 35 Features not used for habitation 70 Accessory structure 15 8 A B C D G F E H I J K M ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 52 Nodal Residential Single-Family (RSN) – Site Development Standards Table 2.02C KEY (See Figure 2.02C) 1. Flag lots are prohibited in the RSN zone. 2. Child care facility for 12 or fewer children, group home for five or fewer persons 3. With a maximum deviation of five feet from the setback standard 4. Accessory structures are included in the total lot coverage. 5. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. 6. Townhouses are exempt from maximum lot coverage, and per OAR 660-046- 0220(4)(g) cottage clusters are exempt from the maximum lot coverage standard. 7. Garage or carport minimum setback from a street is per Table 3.07A. 8. Accessory Dwelling Units are subject to specific development standards (see Section 2.07, Special Uses). ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 53 Figure 2.02C: RSN Development Standards Key Diagrams ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 54 Retirement Community Single-Family Residential (R1S) – Site Development Standards Table 2.02D KEY (See Figure 2.02D) Lot Area, Minimum (square feet) 1 Townhouse lot 1,500 Single-family dwelling or duplex 3,600 Triplex 5,000 Quadplex or cottage cluster 7,000 Lot Width, Minimum (feet) Townhouse lot 15 Any other use 50 Lot Depth, Average (feet) Not specified Street Frontage, Minimum (feet) Interior or corner lot 50 Flag lot 2 24-30 Cul-de-sac lot 24 Front Setback and Setback Abutting a Street, Minimum (feet) Per Table 2.02G Side Setback, Minimum (feet) Townhouse lot Common wall Zero End unit exterior wall 5 Any other use Primary structure 5 5 Accessory structure 5 3 Rear Setback, Minimum (feet) Primary structure 5 5 Accessory structure 8 5 Setback to a Private Access Easement, Minimum (feet) 1 Lot Coverage, Maximum (percent) 6 Primary building height 14 feet or less 40 Primary building height more than 14 feet 35 Accessory structure 4, 8 25 of rear yard Building Height, Maximum (feet) Primary structure 35 Features not used for habitation 70 Accessory structure 8 15 1. In flag lot development, excluding vehicular shared access easement area (See Section 1.02, Lot area) 2. See Table 3.04A, Flag Lot Access Width 3. Five feet if located in the rear yard 4. Accessory structures are both included in the total lot coverage and limited to maximum coverage of the rear yard of 25 percent. 5. A house of worship shall be set back at least 20 feet from a property line abutting a A B E D F G H J ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 55 Retirement Community Single-Family Residential (R1S) – Site Development Standards Table 2.02D KEY (See Figure 2.02D) residential zone or use. 6. Townhouses are exempt from maximum lot coverage, and per OAR [PHONE REDACTED](4)(g) cottage clusters are exempt from the maximum lot coverage standard. 7. Garage or carport minimum setback from a street is per Table 3.07A. 8. Accessory Dwelling Units are subject to specific development standards (see Section 2.07, Special Uses). ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 56 Figure 2.02D: R1S Development Standards Key Diagrams ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 57 Medium Density Residential (RM) – Site Development Standards Table 2.02E KEY (See Figure 2.02E) Lot Area, Minimum (square feet) 1 Townhouse lot 1,500 Interior, flag or cul-de-sac lot Single-family dwelling, duplex, or triplex 6,000 Quadplex or cottage cluster 7,000 Any other use Not specified Corner lot Single-family dwelling, duplex, triplex, quadplex, cottage cluster, child care facility, or group home 2 8,000 Any other use 3 Not specified Lot Width, Minimum (feet) Townhouse lot 15 Interior, flag or cul-de-sac lot 30 Corner lot 40 Lot Depth, Average (feet) All lots 90 Street Frontage Minimum (feet) Townhouse lot 15 Interior lot 30 Corner lot 40 Cul-de-sac lot 24 Flag lot 4 24-30 Residential Density (units per net acre) Minimum Single-family dwelling or duplex 5.2 Any other use 12.8 Maximum Multiple-family dwelling 16 Child care facility, group care facility or nursing home 3 32 Manufactured dwelling park 12 Any other use Not specified 7 Front Setback and Setback Abutting a Street, Minimum (feet) Per Table 2.02G Side Setback, Minimum (feet) Townhouse lot Common wall Zero End unit exterior wall 5 Primary Single-family dwelling, duplex, 5 A B C D E G F H I ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 58 Medium Density Residential (RM) – Site Development Standards Table 2.02E KEY (See Figure 2.02E) structure 5 triplex, quadplex, cottage cluster, multiple-family dwelling, child care facility or group home 2 Any other use 7 Same as rear Accessory structure 5 Rear Setback, Minimum (feet) Primary structure 5 Cottage cluster 10 Dwelling, child care facility, or group home Same as Table 2.02B (RS) 11 , Any other use, except nonresidential use, abutting DDC, MUV, NNC, CG, CO, IP, SWIR, or IL Zone Same as Table 2.02B (RS) , Nonresidential use abutting DDC, MUV, NNC, CG, or CO zone 7 10 Nonresidential use abutting IP, SWIR, or IL zone 7 15 Accessory structure 10 Same as Table 2.02B (RS) Any use or structure, regardless of building height: To an alley or shared rear lane Zero Setback to a Flag Lot Development Vehicular Shared Access Easement, Minimum (feet) 1 Lot Coverage, Maximum (percent) Single-family dwelling, dwellings other than multiple-family, child care facility or group home 2 Primary building height 16 feet or less 40 Primary building height more than 16 feet 35 Any other use Not specified 6 Building Height, Maximum (feet) Primary structure 35 Features not used for habitation 70 Accessory structure 10 15 1. In flag lot development, excluding vehicular shared access easement area (See Section 1.02, Lot area) 2. Child care facility for 12 or fewer children, group home for five or fewer persons L K J L K J M N ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 59 Medium Density Residential (RM) – Site Development Standards Table 2.02E KEY (See Figure 2.02E) 3. Child care facility for 13 or more children, group home for six or more persons 4. See Table 3.04A, Flag Lot Access Width 5. Except for flag lots under the option that all setbacks are 12 feet 6. The minimum lot dimensions, maximum density, and maximum lot coverage are determined by setbacks, off-street parking, and landscaping requirements. 7. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. 8. Infill lots between developed lots: average of abutting residential buildings, plus or minus 5 feet, but not less than 10 feet 9. Garage or carport minimum setback from a street shall be the same as per Table 3.07A. 10. Accessory Dwelling Units are subject to specific development standards (see Section 2.07, Special Uses). 11. Zoning Adjustment permissible. ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 60 Figure 2.02E: RM Development Standards Key Diagrams ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 61 Nodal Medium Density Residential (RMN) – Site Development Standards Table 2.02F KEY (See Figure 2.02F) Lot Area, Minimum (square feet) Townhouse lot 1,500 Interior or cul- de-sac lot 1 Single-family dwelling, duplex, child care facility or group home 2 4,000 Triplex 5,000 Quadplex or cottage cluster 7,000 Corner lot Single-family dwelling, duplex, triplex, child care facility or group home 2 5,000 Quadplex or cottage cluster 7,000 Child care facility, group home, or nursing home 3 7,000 Any other use Not specified 5 Lot Width, Minimum (feet) Townhouse lot 15 Single-family dwelling, duplex, triplex, quadplex, cottage cluster, child care facility or group home 2 Interior lot 30 Corner lot 40 Child care facility, group home, or nursing home 3 70 Any other use Not specified 5 Lot Depth, Average (feet) Single-family dwelling, duplex, triplex, quadplex, cottage cluster, townhouse, multiple-family dwelling, child care facility or group home 2, 3 80 Any other use Not specified 5 Street Frontage, Minimum (feet) Townhouse lot 15 Single-family dwelling, duplex, triplex, quadplex, cottage cluster, multiple-family dwelling, child care facility or group home Interior lot 30 Corner lot 40 Cul-de-sac lot 22 Any other use Not specified 5 Residential Density (units per net acre) Minimum Dwelling other than multiple- family 10 Multiple-family dwelling 19 Any other use Not specified 5 Maximum Multiple-family dwelling 22 A B C D E F ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 62 Child care facility, group care facility or nursing home 3 32 Manufactured dwelling park 12 Any other use Not specified 5 Front Setback and Setback Abutting a Street, Minimum (feet) Per Table 2.02G Front Setback and Setback Abutting a Street, Maximum (max.) (feet) Dwelling other than multiple family: From Major Arterial 10 Any other class street Max.: 38 30 Multiple-family dwelling Max.: Per Chapter 3.07 Any other use Not specified Side Setback, Minimum (feet) Single-family dwelling, duplex, triplex, quadplex, cottage cluster, child care facility, or group home 2 5 Townhouse Common wall Zero End unit exterior wall 5 All other uses 3, 6 Abutting RS, RM, or P/SP zone, or an existing residential use Building height (feet) 9 16 or less 24 more than 16 and less than 28 30 28 or more 36 Abutting NNC, or CG zone 10 Abutting SWIR zone 15 Accessory structure Same as primary Rear Setback, Minimum (feet) Same as Table 2.02B (RS) Lot Coverage, Maximum (percent) Single-family dwelling, dwelling other than multiple- family, child care facility or group home 2 Primary building height 16 feet or less 40 Primary building height more than 16 feet 35 Any other use Not specified 5 H G I J N M L K ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 63 Building Height, Maximum (feet) Primary structure 45 Features not used for habitation 70 Accessory structure 8 15 1. Flag lots are prohibited in the RMN zone. 2. Child care facility for 12 or fewer children, group home for five or fewer persons 3. Child care facility for 13 or more children, group home for six or more persons 4. With a maximum deviation of five feet from the setback standard 5. The minimum lot dimensions, maximum density, and maximum lot coverage are determined by setbacks, off-street parking, and landscaping requirements. 6. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. 7. The Director may exempt from maximum lot coverage townhouses and cottage clusters. 8. Accessory Dwelling Units are subject to specific development standards (see Section 2.07, Special Uses). 9. Zoning Adjustment permissible. 10. Per the Transportation System Plan (TSP) adopted 2019, Figure 2, Oregon Highways 99E, 211, 214, & 219 are Major Arterial class. O ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 64 Figure 2.02F: RMN Development Standards Key Diagrams ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 65 All Residential Zoning Districts – Front Setback & Setback Abutting a Street Table 2.02G Use or Building Type Boundary Street Functional Class Lot Whether Alley or Shared Rear Lane Feet (ft) (Minimum unless specified maximum) Cottage cluster 10 Dwelling other than multiple- family and other than cottage cluster Major Arterial 2 Interior 20 Corner Where alley or shared rear lane 20 Where vehicular access via street only To Major Arterial 20 To second frontage if lower than Major Arterial class 18 Any other class Interior Where alley or shared rear lane 13 Where vehicular access via street only 18 Corner Where alley or shared rear lane 13 Where vehicular access via street only From the access frontage 18 From the other frontage 13 Multiple-family dwelling, child care facility for 12 or fewer children, or group home for five or fewer persons Major Arterial 2 Interior 20 Corner Where alley or shared rear lane 20 Where vehicular access via street only To Major Arterial 20 To second frontage if lower than Major Arterial class 15 Any other class Interior Where alley or shared rear lane 15 Where vehicular access via street only 18 Corner Where alley or shared rear lane 15 Where vehicular access via street only From the access frontage 18 From the other frontage 15 Child care facility for 13 or more children, group home for six or more persons, nursing Major Arterial 2 20 Any other class 18 ---PAGE BREAK--- Woodburn Development Ordinance Section 2.02 Page 66 All Residential Zoning Districts – Front Setback & Setback Abutting a Street Table 2.02G home, or any other use Front porch or roofed patio, or, porch or roofed patio abutting a street Minimum Major Arterial 10 Any other class 5 Maximum Dwelling other than multiple family Major Arterial 24 Any other class 22 Multiple-family dwelling or any other use None specified 1. Measured from the Street Widening Setback (Section 3.03.02), if any 2. Per the Transportation System Plan (TSP) adopted 2019, Figure 2, Oregon Highways 99E, 211, 214, & 219 are Major Arterial class. 3. This table is applicable to primary buildings. 4. Garage or carport minimum setback from a street shall be per Table 3.07A. 5. Accessory Dwelling Units are subject to specific development standards per Section 2.07.20. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.03 Page 67 2.03 Commercial Zones A. The City of Woodburn is divided into the following commercial zones: 1. The Downtown Development and Conservation (DDC) zone is the community’s retail core, providing for unique retail and convenient shopping 2. The Commercial General (CG) zone is the community’s primary commercial area, providing for businesses requiring extensive land intensive outdoor storage and display of merchandise, equipment, or inventory. 3. The Commercial Office (CO) zone is intended primarily for office type development, with limited retail activity. 4. The Mixed Use Village (MUV) is intended to promote efficient use of land that promotes employment and housing through pedestrian-oriented development. 5. The Neighborhood Nodal Commercial (NNC) zone is intended to meet the shopping needs of nearby residents in a compact commercial setting B. Approval Types (Table 2.03A) 1. Accessory Uses are allowed outright, subject to the general standards of this Ordinance. 2. Conditional Uses (CU) may be allowed, subject to the general development standards of this Ordinance and conditions of Conditional Use approval. 3. Permitted Uses are allowed outright, subject to the general development standards of this Ordinance. 4. Special Permitted Uses are allowed outright, subject to the general development standards and the special development standards of Section 2.07. 5. Specific Conditional Uses (SCU) may be allowed, subject to the general development standards of this Ordinance, the specific standards of Section 2.08, and conditions of Conditional Use approval. Uses Allowed in Commercial Zones Table 2.03A Use Zone Accessory Uses Conditional Uses (CU) Permitted Uses Special Permitted Uses Specific Conditional Uses (SCU) DDC CG CO MUV NNC A Civic Uses 1 Public administration, aquatic facilities, fire protection, government and public utility buildings and storage yards P P P P P ---PAGE BREAK--- Woodburn Development Ordinance Section 2.03 Page 68 Uses Allowed in Commercial Zones Table 2.03A Use Zone Accessory Uses Conditional Uses (CU) Permitted Uses Special Permitted Uses Specific Conditional Uses (SCU) DDC CG CO MUV NNC 2 Public and private schools, house of worship, civic and social organizations P P P P P 3 Rights-of-way, easements and improvements for streets, water, sanitary sewer, gas, oil, electric and communication lines, stormwater facilities and pump stations. P P P P P B Commercial Retail and Services 1 Ambulance service CU 3 CU 3 CU CU 3 2 Automotive maintenance and gasoline stations, including repair services CU CU 3 P 6 3 Bakeries, delicatessens, grocery and convenience stores P 7 P P P 4 Bowling, skating, movie and performing arts theaters P P P 5 Building material and garden equipment P 5 P 5 P 5 P 5 6 Business services P P P P 7 Computer, commercial, electric motor, precision equipment, industrial and home goods repair. P 4 P 1 P 4 P 4 8 Contractors: a. Flooring and roofing b. Equipment and machinery c. Glass and glazing d. Masonry, drywall, insulation and tile contractors e. Other types of contractors P 4 P 4 P 6 9 Craft industries: a. Apparel manufacturing b. Leather manufacturing, furniture and related product manufacturing, including cabinets c. Sporting goods manufacturing d. Doll, toy and game manufacturing S S S S S 10 Delivery services S S S S S 11 Dry cleaning, laundry and self-service laundry service P 7 P S P 12 Fitness and recreational sports P P P P P 13 Food carts and food cart pods S S S S S 14 Funeral home P P P P P 15 Hospitals and ancillary uses CU 3 16 Hotels, motels and bed and breakfast inns P P P P P 17 Mobile food services S S S S S ---PAGE BREAK--- Woodburn Development Ordinance Section 2.03 Page 69 18 Office and office services and supplies P P P P P 19 Other amusements, including ballrooms P 1 20 Pawn, check cashing, payday loan and cash transfer CU 7 P P 21 Printing, publishing, copying, bonding, finance, insurance, medical, data processing, social assistance, legal services, management, and corporate offices P 7 P P P P 22 Professional services P P P 23 Restaurants and drinking places P 7 P P P P 24 Retail trade offering goods and services directly to customers P 7 P P P 25 Spectator sports P 1 26 Taxidermist CU 3 27 Veterinary service CU 3 28 Wine and liquor CU 7 P P C Industrial 1 Charter bus, special needs transportation, transit system, school transportation, limousine service and taxi service CU 3 2 Heavy equipment and motor vehicle sales: a. Manufactured (mobile) home dealers b. Motor vehicle and parts dealers, including new car, used car, recreational vehicle, boat, parts and tire dealers c. Truck dealers, including new truck, used truck, parts and tire dealers d. Tractor, farm machinery and equipment dealers e. Farm, garden and landscaping supplies CU 3 3 Manufacturing of metal products, furniture and cabinets P 4 P 6 4 Motor freight transportation and warehousing, including local or long-distance trucking or transfer services, storage of farm products, furniture, other household goods, or commercial goods, and mini- storage CU 1 ---PAGE BREAK--- Woodburn Development Ordinance Section 2.03 Page 70 Uses Allowed in Commercial Zones Table 2.03A Use Zone Accessory Uses Conditional Uses (CU) Permitted Uses Special Permitted Uses Specific Conditional Uses (SCU) DDC CG CO MUV NNC 5 Motor vehicle towing CU 3 6 Parking lots and garages P P P P 7 Recreational vehicle park CU 1 D Miscellaneous 1 Facilities during construction S S S S S 2 Fence or free-standing wall A A A A A 3 Special events S S S S S E Residential 1 One dwelling unit, in conjunction with a commercial use P P P P P 2 Triplexes P CU9 P P 3 Quadplexes P CU9 P P 4 Townhouses P CU9 P P 5 Child care facility, group home, and nursing home P 8 P 8 P 8 P 8 P 8 6 Multiple-family dwellings P CU9 CU P P 1. Not allowed in the Gateway Overlay District 2. Only allowed in the Gateway Overlay District 3. Allowed outright if not within 200 feet of residentially zoned properties 4. Within a building, no outdoor storage or repair 5. All outdoor storage and display shall be enclosed by a seven foot masonry wall. 6. Existing uses are allowed as a permitted use, new uses are not allowed in the MUV 7. Drive-throughs are not allowed 8. Child care facility for 13 or more children, group home for six or more persons 9. Except allowed as a permitted use in the Gateway Overlay District and prohibited in the Interchange Management Area Overlay District (Amended by Ordinance 2573, passed June 24, 2019) ---PAGE BREAK--- Woodburn Development Ordinance Section 2.03 Page 71 C. Development Standards (Tables 2.03B-F) Downtown Development and Conservation (DDC) - Site Development Standards Table 2.03B Lot Area, Minimum (square feet) No minimum Lot Width, Minimum (feet) No minimum Lot Depth, Minimum (feet) No minimum Street Frontage, Minimum (feet) No minimum Front Setback and Setback Abutting a Street, Minimum (feet) Zero 1 Front Setback and Setback Abutting a Street, Maximum (feet) 10 1 Side or Rear Setback, Minimum (feet) No minimum 4 Setback to a Private Access Easement, Minimum (feet) No minimum Lot Coverage, Maximum Not specified 2 Residential Density (units per net acre) Minimum Townhouse 12 Child care facility, group home, or nursing home 3 12 Triplex, quadplex, or multiple-family dwelling No minimum Maximum Townhouse 16 Child care facility, group home, or nursing home 3 32 Triplex, quadplex, or multiple-family dwelling No maximum Building Height, Maximum (feet) Primary or accessory structure Outside Gateway subarea 35 Gateway subarea 40 1. This is a guideline, not a standard. A setback of up to 10 feet is permitted when occupied by pedestrian amenities plaza, outdoor seating). 2. Lot coverage is limited by setbacks, off-street parking, and landscaping requirements. 3. Child care facility for 13 or more children, group home for six or more persons 4. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. ---PAGE BREAK--- Woodburn Development Ordinance Section 2.03 Page 72 Commercial General (CG) - Site Development Standards Table 2.03C Lot Area, Minimum (square feet) No minimum Lot Width, Minimum (feet) No minimum Lot Depth, Minimum (feet) No minimum Street Frontage, Minimum (feet) No minimum Front Setback and Setback Abutting a Street, Minimum (feet) 5 1 Side or Rear Setback, Minimum (feet) Abutting RS, R1S, or RM zone 10 4 Abutting CO, CG, DDC, NNC, P/SP, IP, SWIR, or IL zone 0 or 5 4, 5 Setback to a Private Access Easement, Minimum (feet) 1 Lot Coverage, Maximum Not specified 2 Residential Density (units per net acre) Minimum Townhouse 12 Child care facility, group home, or nursing home 12 Triplex, quadplex, multiple- family dwelling Stand-alone 12 In mixed use development No minimum Maximum Row house 24 Child care facility, group home, or nursing home 32 Triplex, quadplex, multiple- family dwelling Stand-alone 32 In mixed use development 32 Building Height, Maximum (feet) Primary or accessory structure Outside Gateway subarea 70 Western Gateway subarea 50 Eastern Gateway subarea 40 Features not used for habitation 100 1. Measured from the Street Widening Setback (Section 3.03.02), if any 2. Lot coverage is limited by setbacks, off-street parking, and landscaping requirements. 3. Only allowed in the Gateway Overlay District 4. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. 5. A building may be constructed at the property line, or shall be set back at least five feet. ---PAGE BREAK--- Woodburn Development Ordinance Section 2.03 Page 73 Figure 2.03A - Building Height Limits in the Gateway Subarea ---PAGE BREAK--- Woodburn Development Ordinance Section 2.03 Page 74 Commercial Office (CO) - Site Development Standards Table 2.03D Lot Area, Minimum (square feet) Nonresidential use No minimum Residential use Per Table 2.02E 1 Lot Width, Minimum (feet) Nonresidential use No minimum Residential use Per Table 2.02E 1 Lot Depth, Average (feet) Nonresidential use No minimum Residential use Per Table 2.02E 1 Street Frontage, Minimum (feet) Any use No minimum Front Setback and Setback Abutting a Street, Minimum (feet) 15 2 Side or Rear Setback, Minimum (feet) By-right use, group home, or government building Abutting RS, R1S, RM, P/SP, or CO zone 10 4, 5 Abutting DDC, NNC, CG, IP, SWIR, or IL zone 15 4, 5 Conditional use except group home or government building Per Table 2.02E 1 Setback to a Private Access Easement, Minimum (feet) 1 Lot Coverage, Maximum Not specified 3 Residential Density (units per net acre) Minimum Child care facility, group home, or nursing home 12 4 Triplex, quadplex, or multiple- family dwelling Stand-alone 12 In mixed use development No minimum Maximum Child care facility, group home, or nursing home 32 4 Triplex, quadplex, or multiple- family dwelling Stand-alone No maximum In mixed use development 32 Building Height, Maximum (feet) Primary or accessory structure 35 Features not used for habitation 70 ---PAGE BREAK--- Woodburn Development Ordinance Section 2.03 Page 75 1. Site development standards for the RM zone 2. Measured from the Street Widening Setback (Section 3.03.02), if any 3. Lot coverage is limited by setbacks, off-street parking, and landscaping requirements. 4. Child care facility for 13 or more children, group home for six or more persons 5. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. ---PAGE BREAK--- Woodburn Development Ordinance Section 2.03 Page 76 Mixed Use Village (MUV) - Site Development Standards Table 2.03E Lot Area, Minimum (square feet) Nonresidential use No minimum Residential use Per Table 2.02E 1 Lot Width, Minimum (feet) Nonresidential use No minimum Residential use Per Table 2.02E 1 Lot Depth, Average (feet) Nonresidential use No minimum Residential use Per Table 2.02E 1 Street Frontage, Minimum (feet) Any use No minimum Front Setback and Setback Abutting a Street, Minimum/Maximum (feet) 2 Minimum: none; Maximum: 18 along Major Arterial or 15 along other class street Side or Rear Setback, Minimum (feet) By-right use, group home, or government building 4 Abutting RS, R1S, RM, P/SP, DDC, MUV, NNC, CG, or CO zone Side 5; Rear: 10 Abutting IP, SWIR, or IL zone 15 Conditional use except group home or government building Per Table 2.02E 1 Setback to a Private Access Easement, Minimum (feet) No minimum Lot Coverage, Maximum Not specified 3 Residential Density (units per net acre) Minimum Townhouse 12 Child care facility, group home, or nursing home 12 Triplex, quadplex, or multiple- family dwelling Stand-alone 12 In mixed use development No minimum Maximum Townhouse 32 Child care facility, group home, or nursing home 32 Triplex, quadplex, multiple- family dwelling Stand-alone 32 In mixed use development 32 Building Height, Primary or accessory structure 35 ---PAGE BREAK--- Woodburn Development Ordinance Section 2.03 Page 77 Maximum (feet) Features not used for habitation 70 1. Site development standards for the RM zone 2. Measured from the Street Widening Setback (Section 3.03.02), if any 3. Lot coverage is limited by setbacks, off-street parking, and landscaping requirements. 4. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.04 Page 78 Nodal Neighborhood Commercial (NNC) - Site Development Standards Table 2.03F Lot Area, Minimum (square feet) No minimum Lot Width, Minimum (feet) No minimum Lot Depth, Minimum (feet) No minimum Street Frontage, Minimum (feet) No minimum Front Setback and Setback Abutting a Street, Minimum (feet) Zero Front Setback and Setback Abutting a Street, Maximum (feet) 10 1 Side or Rear Setback, Minimum (feet) No minimum 3 Setback to a Private Access Easement, Minimum (feet) No minimum Lot Coverage, Maximum Not specified 2 Residential Density (units per net acre) Minimum Townhouse 20 Child care facility, group home, or nursing home 12 Triplex, quadplex, or multiple-family dwelling 19 Maximum Row house No maximum Child care facility, group home, or nursing home 32 Multi-family dwelling No maximum Building Height, Maximum (feet) Primary or accessory structure 45 1. This is a guideline, not a standard. 2. Lot coverage is limited by setbacks, off-street parking, and landscaping requirements. 3. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.04 Page 79 2.04 Industrial and Public Zones A. The City of Woodburn is divided into the following industrial and public zones: 1. The Light Industrial (IL) zone, which is intended for industrial activities that include land-intensive activities; 2. The Industrial Park (IP) zone, which is intended for light industrial activities in a park- like setting; 3. The Public and Semi-Public (P/SP) zone, which is intended for public uses, parks, schools and cemeteries. 4. The Southwest Industrial Reserve (SWIR), which is intended for employment and industries identified in the 2016 Target Industry Analysis; B. Approval Types (Table 2.04A) 1. Accessory Uses are allowed outright, subject to the general standards of this Ordinance. 2. Conditional Uses (CU) may be allowed, subject to the general development standards of this Ordinance and conditions of Conditional Use approval. 3. Permitted Uses are allowed outright, subject to the general development standards of this Ordinance. 4. Special Permitted Uses are allowed outright, subject to the general development standards and the special development standards of Section 2.07. 5. Specific Conditional Uses (SCU) may be allowed, subject to the general development standards of this Ordinance, the specific standards of Section 2.08, and conditions of Conditional Use approval. Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses Conditional Uses (CU) Permitted Uses Special Permitted Uses Specific Conditional Uses (SCU) IL IP P/SP SWIR A Civic Uses 1 Golf driving range P P CU 2 Parks, play grounds and associated activities, golf courses without a driving range P 3 Public administration, aquatic facilities, fire protection, government and public utility buildings and storage yards P P CU P ---PAGE BREAK--- Woodburn Development Ordinance Section 2.04 Page 80 Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses Conditional Uses (CU) Permitted Uses Special Permitted Uses Specific Conditional Uses (SCU) IL IP P/SP SWIR 4 Rights-of-way, easements and improvements for streets, water, sanitary sewer, gas, oil, electric and communication lines, stormwater facilities and pump stations. P P P P 5 Trade schools P P CU CU B Commercial Retail and Services 1 Ambulance service P P 2 Automotive maintenance and gasoline stations, including repair services P P 3 Business services P P 4 Contractors: f. Flooring and roofing g. Equipment and machinery h. Glass and glazing i. Masonry, drywall, insulation and tile contractors j. Other types of contractors P P P 5 Delivery services S S S S 6 Fitness and recreational sports P P P 7 Food carts and food cart pods S S S S 8 Hospitals and ancillary uses P CU P 9 Mobile food services S S S S 10 Restaurants and drinking places P P P 11 Marijuana dispensaries S S C Industrial 1 Auction houses, except livestock and poultry sales CU 2 Automotive wrecking yards CU 3 Charter buses, special needs transportation, transit system, school transportation, limousine service and taxi service P P 4 Chemical manufacturing CU CU CU 5 Distribution and E-commerce including; wholesale trade, farm supplies and merchant wholesalers, packaging and labeling services. P P P 6 Recycling center CU CU CU 7 Asphalt or Portland cement concrete batch plant CU CU 8 Commercial and industrial equipment repair, transit and ground transportation P CU CU ---PAGE BREAK--- Woodburn Development Ordinance Section 2.04 Page 81 Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses Conditional Uses (CU) Permitted Uses Special Permitted Uses Specific Conditional Uses (SCU) IL IP P/SP SWIR 9 Electronic and other electrical equipment and components, including manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation, and utilization of electrical energy; electricity distribution equipment; electrical industrial apparatus; household appliances; electrical lighting and wiring equipment; radio and television receiving equipment; communications equipment; electronic components and accessories; and other electrical equipment and supplies P P P 10 Fabricated metal products, including fabricating ferrous and non-ferrous metal products such as metal cans, tin ware, hand tools, cutlery, general hardware, non-electric heating apparatus, fabricated structural metal products, metal forgings, metal stampings, and metal and wire products CU CU P 11 Industrial and commercial machinery and computer equipment, including engines and turbines; farm and garden machinery; construction, mining, and oil field machinery; elevators and conveying equipment; hoists, cranes, monorails, trucks and tractors; metalworking machinery; special industry machinery; general industrial machinery; computer and peripheral equipment, computer, semiconductor, laboratory instrument, and office machinery, manufacturing; refrigeration and service industry machinery manufacturing P P P 12 Heavy equipment and motor vehicle sales: e. Manufactured home dealers f. Motor vehicle and parts dealers, including new cars, used cars, recreational vehicles, boats, parts and tire dealers g. Truck dealers, including new trucks, used trucks, parts and tire dealers h. Tractor and farm machinery and equipment dealers i. Farm, garden and landscaping supplies S S ---PAGE BREAK--- Woodburn Development Ordinance Section 2.04 Page 82 Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses Conditional Uses (CU) Permitted Uses Special Permitted Uses Specific Conditional Uses (SCU) IL IP P/SP SWIR 13 Manufacturing: a. Apparel manufacturing b. Beverage, food and tobacco c. Furniture and related products d. Leather and allied products e. Paper, limited to assembly f. Metal product manufacturing g. Miscellaneous manufacturing h. Plastics and rubber i. Textile products P P P 14 Motor freight transportation and warehousing, including local or long-distance trucking or transfer services, storage of farm products, furniture and other household goods, commercial goods, and mini-storage P P P 15 Non-depository credit institutions engaged in extending credit in the form of loans, but not engaged in deposit banking P P 16 Paper manufacturing CU 17 Parking lots and garages P P 18 Petroleum and coal products manufacturing with all storage underground CU 19 Printing, publishing, and allied industries P P P 20 Professional services including software publishers P P 21 Stone, clay, glass, and concrete products including manufacturing flat glass, other glass products, cement, structural clay products, pottery, concrete and gypsum products, cut stone, abrasive and asbestos products, and other products from materials taken principally from the earth in the form of stone, clay, and sand P 22 Telecommunication facilities subject to Section 2.08.03 SCU SCU SCU 23 Wholesale trade in durable and non-durable goods P P P 24 Wood product manufacturing P P P D Miscellaneous 1 Facilities during construction S S S S 2 Fence or free-standing wall A A A A ---PAGE BREAK--- Woodburn Development Ordinance Section 2.04 Page 83 Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses Conditional Uses (CU) Permitted Uses Special Permitted Uses Specific Conditional Uses (SCU) IL IP P/SP SWIR 3 Special events S S S S E Residential 1 One dwelling unit in conjunction with an industrial use P P P P C. Development Standards (Tables 2.04B-E) Light Industrial (IL) - Site Development Standards Table 2.04B Lot Area, Minimum (square feet) No minimum Lot Width, Minimum (feet) No minimum Lot Depth, Minimum (feet) No minimum Street Frontage, Minimum (feet) No minimum Front Setback and Setback Abutting a Street, Minimum (feet) 10 1 Side or Rear Setback, Minimum (feet) Abutting P/SP zone or a residential zone or use 30 Abutting a commercial or industrial zone 0 or 5 2 Setback to a private access easement, Minimum (feet) 5 Lot Coverage, Maximum Not specified 3 Building Height, Maximum (feet) Primary or accessory structure 70 Features not used for habitation 100 1. Measured from the Street Widening Setback (Section 3.03.02), if any. 2. A building may be constructed at the property line, or shall be set back at least five feet. 3. Lot coverage is limited by setbacks, off-street parking, and landscaping requirements. ---PAGE BREAK--- Woodburn Development Ordinance Section 2.04 Page 84 Industrial Park (IP) - Site Development Standards Table 2.04C Lot Area, Minimum (square feet) No minimum Lot Width, Minimum (feet) No minimum Lot Depth, Minimum (feet) No minimum Street Frontage, Minimum (feet) No minimum Front Setback and Setback Abutting a Street, Minimum (feet) 10 1 Side or Rear Setback, Minimum (feet) Abutting P/SP zone or a residential zone or use 30 Abutting a commercial or industrial zone 0 or 5 2 Setback to a Private Access Easement, Minimum (feet) 5 Lot Coverage, Maximum Not specified 3 Building Height, Maximum (feet) Primary or accessory structure 45 Features not used for habitation 70 1. Measured from the Street Widening Setback (Section 3.03.02), if any. 2. A building may be constructed at the property line, or shall be set back at least five feet. 3. Lot coverage is limited by setbacks, off-street parking, and landscaping requirements. Public/Semi-Public (P/SP) - Site Development Standards Table 2.04D Lot Area, Minimum No minimum Lot Width, Minimum No minimum Lot Depth, Minimum No minimum Street Frontage, Minimum No minimum Front Setback and Setback Abutting a Street, Minimum (feet) 20 1 Side or Rear Setback, Minimum (feet) Abutting P/SP zone or a residential zone or use 20 Abutting a commercial or industrial zone 0 or 5 2 Setback to a Private Access Easement, Minimum (feet) 5 Lot Coverage, Maximum Not specified 3 Building Height, Maximum (feet) Primary or accessory structure Outside Gateway subarea 35 Gateway subarea 50 Features not used for habitation No minimum ---PAGE BREAK--- Woodburn Development Ordinance Section 2.04 Page 85 Public/Semi-Public (P/SP) - Site Development Standards Table 2.04D 1. Measured from the Street Widening Setback (Section 3.03.02), if any. 2. A building may be constructed at the property line, or shall be set back at least five feet. 3. Lot coverage is limited by setbacks, off-street parking, and landscaping requirements. Southwest Industrial Reserve (SWIR) - Site Development Standards Table 2.04E Lot Area, Minimum (square feet) See Table 2.04F Lot Width, Minimum (feet) No minimum Lot Depth, Minimum (feet) No minimum Street Frontage, Minimum (feet) No minimum Front Setback and Setback Abutting a Street, Minimum (feet) 10 1 Side or Rear Setback, Minimum (feet) Abutting P/SP zone or a residential zone or use 30 Abutting a commercial or industrial zone 0 or 5 2 Setback to a Private Access Easement, Minimum (feet) 5 Lot Coverage, Maximum Not specified 3 Building Height, Maximum (feet) Primary or accessory structure 45 Features not used for habitation 70 1. Measured from the Street Widening Setback (Section 3.03.02), if any. 2. A building may be constructed at the property line, or shall be set back at least five feet. 3. Lot coverage is limited by setbacks, off-street parking, and landscaping requirements. Southwest Industrial Reserve (SWIR) - Lot Standards Table 2.04F Development Subarea Assessor’s Tax Lot Number Gross Acres Buildable Acres Required Lot Sizes (Acres) Conceptual Lot Sizes (Acres) A 1 052W1100300 108 88 25-50 10-25 10-25 5-10 5-10 2-5 2-5 35 15 15 8 8 4 3 B 2 052W1400200 9 22 10-25 5-10 15 7 052W1400600 13 C 052W1400700 8 No standard ---PAGE BREAK--- Woodburn Development Ordinance Section 2.04 Page 86 Southwest Industrial Reserve (SWIR) - Lot Standards Table 2.04F Development Subarea Assessor’s Tax Lot Number Gross Acres Buildable Acres Required Lot Sizes (Acres) Conceptual Lot Sizes (Acres) D 1, 4 052W1400800 51 106 50-100 25-50 2-5 65 33 4 052W1400900 43 052W1401000 10 052W1401100 22 E 2 052W1401200 4 4 2-5 4 F 2, 3 052W1301100 24 96 96 96 052W1401500 59 052W1401600 25 G 1 052W2300100 50 46 25-50 5-10 2-5 35 8 3 1. Land division is permitted with master plan approval. 2. Land division is not permitted. 3. Shall be developed with a use with at least 300 employees. 4. 50-100 acre lot shall be developed with a use with at least 200 employees. ---PAGE BREAK--- Woodburn Development Ordinance Section 2.04 Page 87 Figure 2.04A – SWIR Development Subareas ---PAGE BREAK--- Woodburn Development Ordinance Section 2.04 Page 88 This page is intentionally left blank to facilitate section formatting for printing and binding with each chapter starting on an odd-numbered page so that staff can insert in a binder to follow divider tabs. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.05 Page 89 2.05 Overlay Districts There are six land use Overlay Districts within the City. Overlay districts include development standards for historic preservation, natural resource conservation, traffic generation, etc, which are in addition to the land use regulations of the underlying zones. 2.05.01 Gateway Commercial General Overlay District 2.05.02 Interchange Management Area Overlay District 2.05.03 Neighborhood Conservation Overlay District 2.05.04 Nodal Overlay Districts 2.05.05 Riparian Corridor and Wetlands Overlay District 2.05.06 Southwest Industrial Reserve 2.05.01 Gateway Commercial General Overlay District A. Purpose The Gateway Commercial General Overlay District is the Commercial General (CG) area immediately adjacent to the downtown. Special use provisions within the Gateway Overlay District allow multi-family residential development, either as a stand-alone use, or as part of a vertical mixed-use project. Specific uses are prohibited, while other uses are limited, allowed only within enclosed buildings or behind masonry walls. Additionally, specific height limitations apply within this Overlay District. The district allows multi-family residential to provide more consumers living within an area of commercial development and to provide 24-hour a day life in the eastern entrance to the downtown. B. Applicable Provisions The Gateway Commercial General Overlay District includes special-use provisions limiting outside storage and land-intensive uses, while allowing multi-family residential development, either as a stand-alone use or as part of a vertical mixed use project. The land use and development standards are contained in this ordinance. The Overlay District is noted on the Official Zoning Map. ---PAGE BREAK--- Woodburn Development Ordinance Section 2.05 Page 90 Figure 2.05A – Gateway Commercial General Overlay District 2.05.02 Interchange Management Area Overlay District A. Purpose The purpose of the Interchange Management Area Overlay District (IMA) is to preserve the long-term capacity of the I-5/Highway 214 Interchange. Preserving the capacity of the interchange is essential for the City’s future. Continued access to I-5 is critical for existing businesses and for attracting new businesses and development to the community. The IMA complements the provisions of the Southwest Industrial Reserve (SWIR) Zoning District by ensuring that industrial land is retained for the development envisioned in the Woodburn Comprehensive Plan. The IMA also ensures that needed industrial, commercial and residential lands within the IMA are protected from incompatible development generating excessive vehicle trips. The vehicle trip budget (Table 2.05A) identifies by parcel the maximum amount of peak hour trips for each parcel within the IMA and is intended to be high enough to accommodate peak hour trips anticipated by the Woodburn Comprehensive Plan and the Transportation Systems Plan (TSP), but low enough to restrict unplanned vehicle trips that could adversely affect the I-5/Hwy 214 Interchange. B. Applicability The provisions of this Section apply to all Type II – V land use applications that propose to allow development that will generate more than 20 peak hour vehicle trips (based on the latest Institute of Transportation Engineers Trip Generation Manual) on parcels identified in ---PAGE BREAK--- Woodburn Development Ordinance Section 2.05 Page 91 Table 2.05A. The provisions of Section 2.05.02F apply to all properties within the boundary of the IMA. C. Vehicle Trip Budgets This Section establishes a total peak hour trip generation budget for planned employment (commercial and industrial) land uses within the IMA. 1. The IMA trip budget for vacant commercial and industrial parcels identified in Table 2.05A is 2,500 peak hour vehicle trips. An estimated 1,500 additional peak hour residential trips are planned within the IMA. The IMA vehicle trip budget is allocated to parcels identified in Table 2.05A on a first-developed, first-served basis. 2. Parcel budgets are based on 11 peak hour trips per developed industrial acre, and 33 peak hour trips per developed commercial acre. 3. The parcel budget for each parcel will be reduced in proportion to actual peak hour vehicle trips generated by new development on any portion of the parcel. 4. The City may allow development that exceeds the parcel budget for any parcel in accordance with this Section. Figure 2.05B – Interchange Management Area Boundary and Subareas ---PAGE BREAK--- Woodburn Development Ordinance Section 2.05 Page 92 Vehicle Trip Budget by Parcel (Parcel Budget) Table 2.05A Subarea Assessor’s Tax Lot Number Comprehensive Plan Designation Buildable Acres Maximum Peak Hour Vehicle Trips A 052W11 00300 SWIR 88 968 B 052W14 00200 052W14 00600 SWIR 22 242 C 052W1400700 SWIR Exempt Exempt D 052W14 00800 052W14 00900 052W14 01000 052W14 01100 SWIR 106 1,199 E 052W14 01200 SWIR 4 44 F 052W13 01100 052W14 01500 052W14 01600 SWIR 96 1,056 G 052W23 00100 SWIR 46 506 H 052W12AC 04301 Commercial 2 66 I 052W12C 00604 Commercial 1 33 052W12C 00605 3 99 J 052W12C 02300 Commercial 7 231 052W12C 02400 2 66 K 052W12C 02100 Commercial 7 231 052W12C 02200 6 198 052W13 01600 5 165 052W14 02300 6 198 L 052W14 02000 Commercial 8 264 052W14 02100 5 165 M 052W13BD 00900 (westerly portion) 052W13BD 01500 052W13BD 01600 052W13BD 01700 052W13BD 01800 Nodal Commercial 9 297 D. Administration This Section delineates responsibilities of the City and ODOT to monitor and evaluate vehicle trip generation impacts on the I-5 interchange from development approved under this Section. ---PAGE BREAK--- Woodburn Development Ordinance Section 2.05 Page 93 1. TIA: In addition to Section 3.04.05, the following applies: A Transportation Impact Analysis (TIA) is required for all land use applications subject to the provisions of this Section. The TIA must meet City and ODOT administrative rule (OAR Chapter 734, Division 51) requirements and shall include an evaluation and recommendation of feasible Transportation Demand Management (TDM) measures that will minimize peak hour vehicle trips generated by the proposed development. 2. For a land use application subject to the provisions of this Section: a. The City shall not deem the land use application complete unless it includes a TIA prepared in accordance with TIA Requirements; b. The City shall provide written notification to ODOT when the application is deemed complete. This notice shall include an invitation to ODOT to participate in the City’s review process; c. ODOT shall have at least 20 days to provide written comments to the City, measured from the date the completion notice was mailed. If ODOT does not provide written comments during this 20-day period, the City’s decision may be issued without consideration of ODOT comments. 3. The details of City and ODOT monitoring and coordination responsibilities are found in the Woodburn – ODOT Intergovernmental Agreement (IGA). a. The City shall be responsible for maintaining a current ledger documenting the cumulative peak hour trip generation impact from development approved under this Section, compared with the IMA trip budget. b. The City may adjust the ledger based on actual development and employment data, subject to review and concurrence by ODOT. c. The City will provide written notification to ODOT when land use applications approved under this Section, combined with approved building permits, result in traffic generation estimates that exceed 33% and 67% of the IMA trip budget. 4. This Section recognizes that vehicle trip allocations may become scarce towards the end of the planning period, as the I-5 Interchange nears capacity. The following rules apply to allocations of vehicle trips against the IMA trip budget: a. Vehicle trip allocations are vested at the time of design review approval. b. Vehicle trips shall not be allocated based solely on approval of a comprehensive plan amendment or zone change, unless consolidated with a subdivision or design review application. c. Vesting of vehicle trip allocations shall expire at the same time as the development decision expires. E. Allowed Uses Uses allowed in the underlying zoning district are allowed, subject to other applicable provisions of the Woodburn Development Ordinance and this Section. F. Comprehensive Plan and Zoning Map Amendments 1. The provisions of this Section (2.05.02.F) apply to all Comprehensive Plan Map amendments within the IMA. This Section does not apply to Zoning Map amendments ---PAGE BREAK--- Woodburn Development Ordinance Section 2.05 Page 94 that result in conformance with the applicable Comprehensive Plan Map designation, such as Zoning Map amendments that occur when land is annexed to the City. 2. Applications for Comprehensive Plan Map amendments and for Zoning Map amendments shall determine whether the proposed change will significantly affect a collector or arterial transportation facility. 3. To ensure that the remaining capacity of the I-5 Interchange is reserved for targeted employment opportunities and needed housing, this section imposes the following prohibitions on Comprehensive Plan Map amendments within the IMA: a. Comprehensive Plan Map amendments that will increase the net commercial land area within the IMA shall be prohibited. b. Comprehensive Plan Map amendments that allow land uses that will generate traffic in excess of the IMA trip budget shall be prohibited. G. Interchange Capacity Preservation Standards Land use applications subject to the provisions of this Section shall comply with the following: 1. Peak hour vehicle trips generated by the proposed development shall not, in combination with other approved developments subject to this Section, exceed the IMA trip budget of 2,500. 2. Peak hour vehicle trips generated by the proposed development shall not exceed the maximum peak hour vehicle trips specified in Table 2.05A for the subject parcel, except: a. Development may be allowed to exceed the maximum, if the development will contribute substantially to the economic objectives found in the Comprehensive Plan. b. Residential development on a parcel zoned Commercial shall be allowed to exceed the maximum. 3. Transportation Demand Management (TDM) measures shall be required to minimize peak hour vehicle trips and shall be subject to annual review by the City. 2.05.03 Neighborhood Conservation Overlay District A. Purpose The Neighborhood Conservation Overlay District (NCOD) is intended to conserve the visual character and heritage of Woodburn’s oldest and most central neighborhood. B. Applicability The NCOD provides the basis for specific architectural design guidelines. The NCOD architectural guidelines are contained in Section 3.07.04. The guidelines are applicable to all dwellings other than multiple-family, both existing and proposed. ---PAGE BREAK--- Woodburn Development Ordinance Section 2.05 Page 95 Figure 2.05C – Neighborhood Conservation Overlay District 2.05.04 Nodal Overlay Districts A. Purpose Development within the Nodal Overlay Districts includesseveral residential building types, with limited commercial development and accessible parks. The intent of the overlay districts is to provide community identity to higher density residential developments within walking distance (generally one-half mile or less) of the neighborhood commercial center. Nodal development will be designed with a pedestrian focus, with interconnected streets and pedestrian walkways, alleys serving garages located at the rear of lots, and with limited on-street parking. Nodal Overlay Districts are shown on the Comprehensive Plan Map with zoning applied at the time of annexation. To ensure that land is efficiently used within the Urban Growth Boundary (UGB), master plans shall be required for land within Nodal districts. B. Nodal Single Family Residential (RSN) and Nodal Medium Density Residential (RMN) Districts access management: 1. Applicability: This applies to residential development of other than multiple-family dwellings and where land division is applicable. The exception to applicability is development of a lot or lots each 8,000 square feet or larger and 80 feet wide or wider, measured after land division. ---PAGE BREAK--- Woodburn Development Ordinance Section 2.05 Page 96 2. Alley / shared rear lane: A development requires one or more alleys or shared rear lanes as Section 1.02 defines to serve minimum 75 percent of all lots and tracts. Direct vehicular access to a public street through driveway approaches, aprons, or curb cuts is prohibited, and access to on-site parking that abuts either an alley or shared rear lane is required. Zoning Adjustment is permissible. 3. Yards abutting streets: Off-street parking, maneuvering, and vehicular circulation and storage is prohibited within both the minimum setback abutting a street and within a yard abutting a street sited closer to the street than the street-facing main wall plane of the primary building closest to the street. A lot having up to 4 dwellings and with one or more parking pads, which Section 3.05.03F requires or allows, is exempt. 4. Development standards: For alleys, refer to Section 3.01. C. Neighborhood Nodal Commercial (NNC) zoning district access management: 1. Purpose: To avoid the NNC district, which is about 10 acres and not yet annexed as of Ordinance No. 2026 dated May 9, 2022, from developing into a “superblock” without any alley or shared rear lane. This in turn is to avoid burdening surrounding streets with too many commercial driveways. 2. Applicability: Any development. 3. Alley / shared rear lane: The NNC district requires one or more alleys or shared rear lanes as Section 1.02 defines to serve all developments, lots, and tracts within the district. There shall be minimum one point of alley or shared rear lane access to each of two different and roughly parallel public streets. The alley or shared rear lane shall eventually span the NNC district. D. Master Planning Requirement 1. A master development plan shall be approved by the City Council for the entire area designated as Nodal Overlay on the Comprehensive Plan Map, prior to annexation of any property within the Nodal Development Overlay Comprehensive Land Use Plan map designation. The master plan shall be conceptual and non-binding in nature, but may be used as a general guide for development within the Nodal Overlay Districts. 2. The required master plan shall show: a) The location and rights-of-way for existing and planned streets. These streets shall provide access to all existing and proposed parcels, consistent with the Transportation System Plan (TSP); b) The location and size of existing and planned sanitary sewer, storm water and water facilities, at adequate levels to serve existing and proposed development; c) The location and area of the Riparian Corridor and Wetlands Overlay District (RCWOD). Planned streets and public facilities that cannot reasonably avoid the RCWOD shall be indicated; d) A development plan for the Nodal Neighborhood Commercial center, neighboring multi-family areas, and potential parks, including planned pedestrian and bicycle connections within the Nodal Overlay District as shown on the Transportation System Plan, and pedestrian and bicycle connections to Southwest Industrial Reserve areas; e) A development plan for all residential areas, demonstrating consistency with applicable nodal design standards. ---PAGE BREAK--- Woodburn Development Ordinance Section 2.05 Page 97 E. Removal of a Nodal Overlay District 1. Removal of a Nodal Overlay District from any area or parcel shall require the following: a) A revised transportation, housing and commercial land needs analysis, consistent with the Goal 9, 10 and 12 Rules (OAR Chapter 660, Divisions 8, 9 and 12); b) A Comprehensive Plan Amendment that demonstrates compliance with all applicable Statewide Planning Goals, applicable goals and policies of the Marion County Framework Plan, and applicable goals and policies of the Comprehensive Plan; c) A zoning map amendment that demonstrates consistency with the Comprehensive Plan. ---PAGE BREAK--- Woodburn Development Ordinance Section 2.05 Page 98 2.05.05 Riparian Corridor and Wetlands Overlay District A. Purpose The Riparian Corridor and Wetlands Overlay District (RCWOD) is intended to conserve, protect and enhance significant riparian corridors, wetlands, and undeveloped floodplains in keeping with the goals and policies of the Comprehensive Plan. The RCWOD is further intended to protect and enhance water quality, prevent property damage during floods and storms, limit development activity in designated areas, protect native plant species, maintain and enhance fish and wildlife habitats, and conserve scenic and recreational values. B. Boundaries of the RCWOD 1. The RCWOD includes: a. Riparian corridors extending upland 50 feet from the top of the bank of the main stem of Senecal Creek and Mill Creek and those reaches of their tributaries identified as fish-bearing perennial streams on the Woodburn Wetlands Inventory Map; and b. Significant wetlands identified on the Woodburn Wetlands Inventory Map. Where significant wetlands are located fully or partially within a riparian corridor, the RCWOD shall extend 50 feet from the edge of the wetland; and c. The 100-year floodplain on properties identified as vacant or partly vacant on the 2005 Woodburn Buildable Lands Inventory. 2. The approximate boundaries of the RCWOD are shown on the Zoning Map. The precise boundaries for any particular lot should be verified by the property owner when making a land use application. Map errors may be corrected as provided in this Ordinance (Section 1.02.04). C. Permitted Uses and activities The following uses and activities are allowed, provided they are designed and constructed to minimize intrusion into the RCWOD and that the uses and activities do not occur on a lot or parcel that is fully or partially encumbered by the FEMA Special Flood Hazard Area. 1. Erosion or flood control measures that have been approved by the Oregon Department of State Lands, the U.S. Army Corps of engineers, or another state or federal regulatory agency 2. Maintenance of existing structures, lawns and gardens 3. Passive recreation uses and activities 4. Removal of non-native plant species and replacement with native plant species 5. Public streets and off-street public bicycle/pedestrian facilities that other WDO sections require. 6. Utilities 7. Water-related and water-dependent uses, including drainage facilities, water and sewer facilities, flood control projects, drainage pumps, public paths, vehicular means of access to such uses, trails, picnic areas or interpretive and educational displays and overlooks, including benches and outdoor furniture ---PAGE BREAK--- Woodburn Development Ordinance Section 2.05 Page 99 D. Prohibited Uses and Activities 1. New buildings or structures or impervious surfaces, except for replacement of existing structures within the original building footprint 2. Expansion of existing buildings or structures or impervious surfaces 3. Expansion of areas of pre-existing non-native landscaping such as lawn, gardens, etc. 4. Dumping, piling, or disposal of refuse, yard debris, or other material 5. Removal of vegetation except for: a. Uses permitted by this Section b. Perimeter mowing of a wetland for fire protection purposes; c. Water-related or water-dependent uses, provided they are designed and constructed to minimize impact on the existing riparian vegetation; d. Removal of emergent in-channel vegetation that has the potential to cause flooding; e. Hazardous tree removal. 6. Grading, excavation and the placement of fill except for uses permitted by this Section. E. Variances The restrictions of this Section may be reduced or removed if they render an existing lot or parcel unbuildable or work an excessive hardship on the property owner. The reduction or removal shall be decided through the Variance process. If the proposed activity falls within or occurs on a lot that is encumbered or partially encumbered by the FEMA Special Flood Hazard Area, the restrictions of this section may not be reduced or removed. F. Site Maintenance 1. Any use, sign or structure, and the maintenance thereof, lawfully existing on the date of adoption of this ordinance, is permitted within the RCWOD. Such use, sign or structure may continue at a similar level and manner as existed on the date of the adoption of this ordinance. 2. The maintenance and alteration of pre-existing ornamental landscaping is permitted as long as no native vegetation is disturbed. Maintenance of lawns, planted vegetation and landscaping shall be kept to a minimum and not include the spraying of pesticides or herbicides. Vegetation that is removed shall be replanted with native species. Maintenance trimming of existing trees shall be kept at a minimum and under no circumstances can the trimming maintenance be so severe as to compromise the tree’s health, longevity, and resource functions. Vegetation within utility easements shall be kept in a natural state and replanted when necessary with native plant species. G. Site Plan When a use or activity that requires the issuance of a building permit or approval of a land use application is proposed on a parcel within, or partially within the RCWOD, the property owner shall submit a site plan to scale showing the location of the top-of-bank, 100-year flood elevation, jurisdictional delineation of the wetland boundary approved by the Oregon Department of State Lands (if applicable), riparian setback, existing vegetation, existing and proposed site improvements, topography, and other relevant features. ---PAGE BREAK--- Woodburn Development Ordinance Section 2.05 Page H. Special Flood Hazard Area Requirements In addition to any information necessary to satisfy this section, if the activity occurs on a lot that is encumbered or partially encumbered by the FEMA Special Flood Hazard Area, the permit application must include a Flood Habitat Assessment Report conducted by a “Qualified Professional” evaluating any negative impact to floodplain functions and identifying appropriate mitigation measures necessary to ensure that any proposed development will be in compliance with the 2016 National Marine Fisheries Services (NMFS) Biological Opinion (BiOp) “no net loss” standards. All mitigation recommendations contained within the submitted report shall be included as conditions of approval for permit issuance. I. Coordination with the Department of State Lands The Oregon Department of State Lands shall be notified in writing of all applications to the City for development activities, including applications for plan and/or zone amendments, development or building permits, as well as any development proposals by the City that may affect any wetlands, creeks or waterways. 2.05.06 Southwest Industrial Reserve A. Purpose The Southwest Industrial Reserve (SWIR) is intended to protect suitable industrial sites in Southwest Woodburn, near Interstate 5, for the exclusive use of targeted industries identified in the Comprehensive Plan. This broad objective is accomplished by master planning, retention of large industrial parcels, and restricting non-industrial land uses. B. Application of the SWIR Zone Land designated on the Comprehensive Land Use Plan Map as Southwest Industrial Reserve shall only be zoned SWIR. C. Dimensional Standards: The following dimensional standards shall be the minimum requirements for all development within the SWIR zone: 1. Land divisions may only be approved following approval of a master plan, as required in this ordinance. 2. Lots in a SWIR zone shall comply with the standards of Table 2.04F. For a land division, at least one lot shall be sized to meet each of the required lot size ranges listed in Table 2.04F for each site, except that smaller required lots may be combined to create larger required lots. D. Master Planning Requirement 1. A master development plan shall be approved by the City Council for the entire area designated SWIR on the Comprehensive Land Use Plan Map, prior to annexation of any property within the SWIR Comprehensive Plan Map designation. The master plan shall be conceptual and non-binding in nature, but may be used as a general guide for development within the SWIR. 2. The required master plan shall show: ---PAGE BREAK--- Woodburn Development Ordinance Section 2.05 Page a. The location and rights-of-way for existing and planned streets, which shall provide access to all existing and proposed parcels, consistent with the Transportation System Plan; b. The location and size of existing and planned sanitary sewer, storm water and water facilities, at adequate levels to serve existing and proposed industrial development; c. The location and area of the Riparian Corridor and Wetlands Overlay District (RCWOD) as it affects existing and proposed industrial parcels. Planned streets and public facilities that cannot reasonably avoid the RCWOD shall be indicated; ---PAGE BREAK--- Woodburn Development Ordinance Section 2.05 Page d. Parcels consistent with the lot sizes indicated in Table 2.05B; e. Pedestrian and bicycle connections consistent with the TSP. E. Removal of the SWIR Zone Removal of the SWIR zone from any area or parcel shall require the following: 1. A revised Economic Opportunities Analysis and Industrial Site Suitability Analysis, consistent with the Goal 9 Rule (OAR Chapter 660, Division 2. A new Statewide Planning Goal 2 Exception that explains why other land within or adjacent to the UGB, that does not require an exception, cannot meet the purported need; 3. A Comprehensive Plan Amendment that demonstrates compliance with all applicable Statewide Planning Goals, applicable goals and policies of the Marion County Framework Plan, and applicable goals and policies of the Comprehensive Plan; 4. A Zoning Map amendment that demonstrates consistency with the Comprehensive Plan. ---PAGE BREAK--- Woodburn Development Ordinance Section 2.05 Page This page is intentionally left blank to facilitate section formatting for printing and binding with each chapter starting on an odd-numbered page so that staff can insert in a binder to follow divider tabs. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.06 Page 104 2.06 Accessory Structures The purpose of this Section is to set forth the regulations for accessory structures such as fences, walls, storage buildings, detached garages and gazebos. 2.06.01 Applicability 2.06.02 Fences and Walls 2.06.03 Structures 2.06.01 Applicability The following standards are applicable to accessory structures in all zones. Accessory Dwelling Units are exempt from these standards and are subject to the provisions of Section 2.07.20. 2.06.02 Fences and Walls A. Location and Height Abutting a Street in Residential Zones 1. The height shall comply with the vision clearance area standards, Section 3.03.06. 2. The height shall not exceed 42 inches (3½ feet) above the ground elevation under the fence or wall located at the lot line abutting the street. 3. The height may increase one foot for each 6 feet of setback from the lot line abutting the street. Fences may increase to their maximum height (7 ft) when flush with the house or garage. 4. For corner lots, one frontage shall not exceed the standards in #2 above. The alternative frontages are treated as interior lot line(s), allowing fencing in excess of 42 inches up to, and equal with, the house frontage. The remaining frontage shall not exceed the 42 inch limitation. 5. For through lots, abutting streets and/or alleys on two opposite frontages, the rear frontage opposite the front is be treated as an interior lot line, allowing a maximum height of 7 ft. 6. Fences and free-standing walls may be constructed in the Street Widening Setback, provided the property owner agrees to removal at such time as street improvements are made; however, free-standing walls within this setback also require Public Works Director written authorization. B. Height in Yards Not Abutting a Street 1. In residential zones, the maximum height of a fence or wall other than for corner and/or through lots, shall be seven feet, relative to the ground elevation under the fence or wall. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.06 Page 105 C. Height in Non-Residential Zones 1. In commercial, industrial, or public zones, the maximum height of a fence or wall located in a yard abutting a street shall be 6 feet, relative to the ground elevation under the fence or wall. Fence height may increase to 9 feet once flush with the building face, or 20 feet from street right-of-way. 2. Fences and walls may be constructed in the Street Widening Setback provided the property owner agrees to removal at such time as street improvements are made. D. Fence Materials 1. Materials: Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls, such as wood, stone, rock, or brick, or other durable materials. 2. Coating and slats: Chain link fences are acceptable as long as the fence is coated and includes slats made of vinyl, wood or other durable material. Chain link fence in a residential zone, except where part of refuse and recycling collection facility gates, is exempt from the slats requirement. Slats may not be required when visibility into features such as open space, natural areas, parks and similar areas is needed to assure visual security, or into on-site areas in industrial zones that require visual surveillance. 3. Industrial: For manufacturing, assembly, fabricating, processing, packing, storage and wholesale and distribution activities which are the principle use of a building in industrial districts, the preceding standards apply when visible from, and within 20 feet of, a public street. 4. Prohibition: A fence constructed of materials that could cause bodily harm, including, but not limited to, those conveying electric current, barbed wire, razor wire, spikes and broken glass, is prohibited. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.06 Page 106 Figure 2.06A – Stepped Fence or Wall Height Elevation View Figure 2.06B – Stepped Fence or Wall Height Plan View ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.06 Page 107 2.06.03 Structures A. Accessory structures attached to a primary building shall be considered as a portion of the primary building and subject to the same requirements as the primary building. B. The minimum separation between detached accessory structures and the primary building shall be six feet. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.07 Page 108 2.07 Special Uses Special Permitted Uses are allowed outright, but are subject to additional requirements designed to ensure their compatibility with, or mitigate their impact on, surrounding (usually residential) development. 2.07.01 General Provisions 2.07.02 Boat, Recreational and Vehicle Storage Pad 2.07.03 Common Boat, Recreational and Vehicle Storage Area 2.07.04 Community Club Buildings and Facilities 2.07.05 Craft Industries 2.07.06 Delivery Services 2.07.07 [Struck] 2.07.08 Facilities During Construction 2.07.09 Golf Courses 2.07.10 Home Occupations 2.07.11 House of Worship 2.07.12 Industrial Sales 2.07.13 Manufactured Dwelling Park (MDP) 2.07.14 Manufactured Dwelling on a Lot 2.07.15 Mobile Food Services 2.07.16 Residential Sales Office 2.07.17 Special Events 2.07.18 Temporary Residential Sales 2.07.19 Marijuana Dispensaries 2.07.20 Accessory Dwelling Units 2.07.21 Cottage Cluster 2.07.22 Food Carts & Food Cart Pods 2.07.01 General Provisions A. Application 1. Special uses are subject to specific development standards. These standards are non-discretionary, so special review of a proposed development is not required. The standards contained in this Section apply to Special Uses. 2. The standards contained in this Section may be modified through the Conditional Use process. B. Development Requirements Unless specifically modified by the provisions of this Section, special uses are also subject to the development requirements of the underlying zone. Where the special use standard imposes a more restrictive standard, the special use standard shall apply. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.07 Page 109 2.07.02 Boat, Recreational and Vehicle Storage Pad Where permitted as a special use in conjunction with a single-family dwelling or duplex, the development of any vehicle, boat, or recreational storage pad shall comply with the following use and development standards: A. Each dwelling unit shall be limited to a storage pad with the capacity to store a total of two boats, recreational vehicles or these items in combination, in addition to permitted off-street parking. B. Permitted off-street parking shall not be used to store vehicles, boats or recreational vehicles. C. The storage pad shall be located in either the side or rear yard. D. The space shall be paved to the standards of this ordinance (Section 3.04.04) and shall be drained to prevent standing water. E. The space shall be screened and gated from adjacent property lines and streets (Section 3.06.05). 2.07.03 Common Boat, Recreational and Vehicle Storage Area A. Applicability 1. When a Boat, Recreational and Vehicle Storage Area is established as a special use, it shall comply with the following use and development standards. 2. When a Boat, Recreational and Vehicle Storage Area is incorporated in the review of a residential development, the following criteria shall serve as guidelines. B. The storage must be operated by either a homeowners’ association or a property manager of the apartment, Manufactured Dwelling Park or residential complex. C. The storage area is limited exclusively to the storage of the resident’s vehicles, boats or trailers, recreational vehicles, utility trailers and horse trailers. D. Storage areas and driveways to the storage area shall be paved to the standards of this ordinance (Section 3.04.04). E. Outdoor lighting shall be directed away from residential property and public streets. 2.07.04 Community Club Buildings and Facilities A. Applicability 1. When Community Club Buildings and Facilities are established as a special use, they shall comply with the following criteria. 2. When Community Club Buildings and Facilities are incorporated in the review of a development, the following criteria shall serve as guidelines. B. Criteria 1. Swimming pools, tennis courts, and similar sports courts or fields shall be set back 20 feet from a property line abutting a residential zone or use. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.07 Page 110 2. No off-street parking or loading area shall be permitted within 10 feet of the side and rear lot lines. 3. Outdoor lighting shall be directed away from residential property and public streets. 2.07.05 Craft Industries A. Primary uses shall be limited to the following: 1. Apparel manufacturing 2. Other leather manufacturing 3. Furniture and related-product manufacturing 4. Sporting goods manufacturing 5. Doll, toy and game manufacturing B. The use shall have a retail storefront. C. Outdoor storage, manufacturing, assembly or staging for shipping is prohibited. D. Manufacturing and/or assembly shall be limited to either 10,000 square feet, or five or fewer full-time equivalent employees, whichever is smaller. E. The craft industry shall be continuously conducted in such a manner as not to create any off- premise nuisance, including, but not limited to, noise, odors, vibration, fumes, smoke, fire hazards, or electronic, electrical, or electromagnetic interference. 2.07.06 Delivery Services A. The use shall be limited to the delivery of packages and the sale or delivery of food and beverages. B. The service shall be transacted from a self-contained, mobile unit. C. In conducting the sales and service, the mobile unit and delivery personnel shall be required to move to a new location at intervals of 15 minutes or less. 2.07.07 [Struck] [This section “Duplex” struck by Ordinance No. 2603 (Legislative Amendment LA 21-02) effective June 30, 2022.] 2.07.08 Facilities During Construction A. The use shall be limited to mobile offices, temporary power equipment, temporary housing for night security personnel, portable toilets, and equipment storage during construction. B. All temporary facilities necessary for construction shall be removed prior to final occupancy. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.07 Page 111 2.07.09 Golf Courses A. Applicability 1. When a golf course is established as a special use, it shall comply with the following criteria. 2. When a golf course is incorporated in the review of a residential development, the following criteria shall serve as guidelines. B. Criteria 1. Buildings shall comply with the setback requirements of the underlying zone. Accessory swimming pools, tennis courts, and similar sports courts or fields shall be set back a minimum of 20 feet from a property line abutting a residential zone or use. 2. No off-street parking or loading area shall be permitted within 10 feet of the side and rear lot lines. 3. Outdoor lighting shall be directed away from residential property and public streets. 2.07.10 Home Occupations Home occupations shall be conducted entirely within a dwelling or accessory structure and shall comply with the following use and development standards: A. Operations 1. The owner/operator of the home occupation shall reside in the dwelling in which the home occupation is conducted. 2. No outside employees shall work on-site or use the site as a base of operations that requires a daily visit to the site of the home occupation for instructions, assignments or the distribution of tools or other goods. B. The home occupation shall be continuously conducted in such a manner as not to create any off-premise nuisance, including, but not limited to, noise, odors, vibration, fumes, smoke, fire hazards, or electronic, electrical, or electromagnetic interference. C. The home occupation shall be conducted entirely within a building. D. The total floor area devoted to the home occupation shall not exceed 500 square feet. E. Structural alterations shall be permitted, provided the residential character of the building is not altered. F. Parking 1. The number of required off-street parking spaces shall not be reduced; however, no additional parking shall be required. 2. The outdoor parking or storage of vehicles licensed as commercial vehicles or displaying commercial advertising shall be prohibited on-site. G. Visits by suppliers or customers shall be limited to the hours of 8:00 a.m. and 8:00 p.m. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.07 Page 112 H. Prohibited Activities 1. Vehicle Repair: Repair of vehicles, including automobiles, tractors and similar mechanized equipment, shall be prohibited. Repair of vehicles includes, but is not limited to, mechanical repair, vehicle service, body work, vehicle painting and vehicle detailing. 2. Retail or Wholesale Sales and Distribution: The retail or wholesale sale or distribution of a product or goods shall be prohibited. This prohibition shall not apply to the operation of a business where customers do not come to the site. 3. Marijuana dispensaries. I. The provisions in this section shall not apply to child care providers. 2.07.11 House of Worship A. Bus and Van Storage: Storage of buses and vans used by a house of worship shall be permitted if the vehicles are not parked closer than 20 feet to a property line abutting a residential zone or use. B. Residential uses: Places of Worship may provide housing or space for housing provided for under ORS 227.500 in a building that is detached from the place of worship, provided: 1. At least 60 percent of the residential units provided are affordable to households with incomes equal to or less than 60 percent of the median family income for Marion County 2. The housing or space for housing complies with applicable land use regulations and meets the standards and criteria for residential development for the underlying zone; and 3. The housing must be subject to a covenant appurtenant that restricts the owner and each successive owner of the building or any residential unit contained in the building from selling or renting any residential unit designated as affordable housing as housing that is not affordable to households with incomes equal to or less than 60 percent of the median family income for Marion County for a period of 60 years from the date of the certificate of occupancy. 2.07.12 Industrial Sales A. Permitted Uses The use shall be limited to: 1. Manufactured dwelling dealers 2. Motor vehicle and parts dealers including new car, used car, recreational vehicle, boat, parts and tire dealers ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.07 Page 113 3. Tractor and farm machinery and equipment dealers 4. Farm, garden and landscaping supplies B. The site for the use shall be located in an IP zone within 500 feet of Pacific Highway 99E. C. The use is subject to site plan review and all development standards of the Woodburn Development Ordinance, including the standard that any area that is not landscaped shall be paved. 2.07.13 Manufactured Dwelling Park (MDP) A. Applicability of Design and Improvement Standards 1. The design and improvement standards of this Section are applicable to all Manufactured Dwelling Parks. 2. All standards established by state statute (ORS 197.307 and ORS Chapter 446) and/or state administrative rule OAR 918-600). Deviation from these state standards is governed by these statutes and rules. 3. All Manufactured Dwelling Parks, and manufactured dwellings in those parks, established prior to the adoption of the Woodburn Development Ordinance (WDO), have nonconforming status under the WDO. B. Design and Improvement Standards 1. The minimum site area for a manufactured dwelling park shall be 1.0 acres. 2. The required setback from a perimeter property line shall be 20 feet. 3. The minimum area for each manufactured dwelling space shall be 3,600 square feet. 4. Dimensions of a Park Space a. Minimum Width: 30 feet. b. Minimum Length: 40 feet. 5. Each manufactured dwelling space shall have direct unobstructed access to a street. 6. Parking a. One parallel parking space on an abutting private street may be counted toward the required off-street parking for a manufactured dwelling. b. Parking spaces shall comply with this Ordinance (Table 3.05B, Parking Space and Drive Aisle Dimensions). c. Driveways shall comply with this Ordinance (Table 3.04A, Access Requirements). d. Parking spaces and driveways shall be improved to the standards of this Ordinance (Section 3.04.04). 7. Storage of boats and recreational vehicles is prohibited, except in a Boat and Recreational Vehicle Storage Area. 8. Play Area a. Area Ratio: 100 square feet per manufactured dwelling space, but not less than 2,500 square feet ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.07 Page 114 b. A play area shall not be required for manufactured dwelling parks established prior to March 13, 1989 as an all-adult park. 9. Park Streets a. Ownership: Private b. Connectivity: The park street system shall connect to a public street. c. Paved Width 1. Without on-street parking, 20 feet. 2. With on-street parking, 30 feet. d. Sidewalks, Curbs and Drainage: Sidewalks, curbs and drainage for park streets shall be designed to the local street standards of Section 3.301. e. Block Length: The block length and the length of cul-de-sac streets shall comply with the standards of Section 3.301. 10. Manufactured Dwelling Design Standards a. Roof Pitch: Each manufactured dwelling shall have a pitched roof with a slope no less than a nominal 3 feet in height for each 12 feet in width. b. Siding and Roofing: Each manufactured dwelling shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the “predominant materials used in surrounding dwellings”. 11. Each manufactured dwelling space shall be addressed off a park street. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.07 Page 115 2.07.14 Manufactured Dwelling on a Lot A manufactured dwelling located on an individual lot outside of a Manufactured Dwelling Park shall comply with Architectural and Design Standards (Section 3.07.02 or 3.07.03) with the following exceptions: A. The manufactured dwelling shall have been manufactured after June 15, 1976, and exhibit the Oregon Department of Commerce “Insignia of Compliance” that indicates conformance with Housing and Urban Development (HUD) standards. B. The manufactured dwelling shall be multi-sectional and enclose a space of not less than 1,000 square feet. C. The manufactured dwelling shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured dwelling is located not more than 12 inches above grade. D. The manufactured dwelling shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards equivalent to the performance standards MDP Separation Matrix Table 2.07A Manufactured Dwelling Accessory Building Accessory Structure Perimeter property line 20 feet 20 feet 20 feet Interior property line 5 feet 5 feet 5 feet Park street 5 feet 5 feet 5 feet Park sidewalk 2 feet 2 feet none Manufactured dwelling on the same lot 10 feet 1, 2 3 feet none Manufactured dwelling on an adjacent lot 10 feet 6 feet 6 feet Buildings on the same property 10 feet 6 feet 6 feet Accessory buildings on the same lot 3 feet 3 feet none Accessory building on an adjacent lot 6 feet 6 feet 6 feet Accessory structures on the same lot none none none Accessory structures on an adjacent lot 6 feet 6 feet 6 feet 1. The Building Official may approve reduced setbacks and clearances that are different than the dimensions in this table with the use of fire-resistant construction, according to the prescriptive requirements in the Oregon Residential Specialty Code. 2. Additional requirements in OAR [PHONE REDACTED] may be applicable. Note: This table is adapted from Table 11-2.3, Minimum Setbacks and Fire Separation Inside Parks, from the Oregon Manufactured Dwelling Installation Specialty Code, 2010 edition. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.07 Page 116 required of single-family dwellings constructed under the State Building Code, as defined in ORS Chapter 455. 2.07.15 Mobile Food Services A. The mobile food service operator shall comply with all applicable City, Woodburn Fire District, Marion County, and State agency permitting and licensing requirements. Permits shall be properly maintained and renewed. B. Business Operations: 1. Shall not remain at one stop along its route for more than four hours. All goods, temporary facilities, and signs shall be removed prior to departing each stop. 2. Shall not be conducted within public rights-of-way. 3. Shall be conducted on private property with the written consent of the property owner and shall not block driveways, entrances, or parking aisles. 2.07.16 Residential Sales Office A. The office shall be located on a lot within a subdivision or planned development, or on a space within a manufactured dwelling park. B. The principal use of the office shall be the sale of lots, renting of spaces, or the sale of dwellings or manufactured dwellings on lots or spaces within the development. C. The office shall have a finished exterior and the site must be landscaped. D. Business shall be conducted between 8:00 a.m. to 8:00 p.m. 2.07.17 Special Events A. Types of Special Events 1. Single Event: An event with a maximum duration of three consecutive days. 2. Recurring Event: An event with a maximum duration of one day per week, which may recur for up to 36 consecutive weeks. 3. Seasonal Event: An event with a maximum duration of 30 consecutive days. Seasonal events are limited to two per calendar year per site. B. Permitted Uses 1. Seasonal sales (examples include fireworks, Christmas trees, produce or plant materials, etc.). 2. Amusement rides, games, and other forms of entertainment. 3. Offering of merchandise or services. 4. Food carts are permitted as a single event or recurring event, not as a seasonal event. 5. Marijuana dispensaries are not permitted as any type of special event. C. Operational Requirements 1. Events shall only be conducted between the hours of 8:00 a.m. and midnight. 2. The event shall not block driveways, entrances, or parking aisles. 3. The required parking for all other uses of the property shall not be diminished below ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.07 Page 117 that required by this ordinance (Section 3.05). 4. The event shall conform to all setback standards for the applicable zone. 5. The event operator shall: a. Possess a valid Special Event Permit for each event; b. Be responsible for compliance with use standards, crowd and traffic control, and for sanitation, including rest rooms, waste disposal, and cleanup; and c. Remove all goods, temporary facilities, and signs within 24 hours of closing on the last day of the event. For recurring events, this requirement applies to each recurrence. 6. The operator of a special event shall possess valid certification of compliance for all applicable health, sanitation, and safety standards of the City and other applicable jurisdictions. 7. Special events shall not be located within a public right-of-way unless authorized by the appropriate jurisdiction (City of Woodburn, Marion County, or the Oregon Department of Transportation). D. City-sponsored Special Events on City-owned property are not required to obtain a Special Event permit. E. Existing businesses with outdoor product display areas are not required to obtain a Special Event permit, but are limited to the following: 1. Products sold within the primary building; 2. Covering no more than ten percent of the gross square footage of the buildings on the property; 3. Retaining a minimum of four feet for pedestrian clearance along any adjacent walkway. 2.07.18 Temporary Residential Sales A. Permitted Uses 1. Produce and plant materials grown on the subject property 2. Estate, garage and yard sales 3. Crafts and other hobby items B. Number of Sales per Year 1. Estate, garage, yard, craft and hobby sales a. The number of sales, in any combination, conducted at the same site, shall not exceed three in any calendar year. b. The duration of each sale period shall not exceed three consecutive days. 2. A sale of produce and plant materials grown on-site shall be limited to one event, no longer than 60 days in duration. C. Sales shall be conducted between the hours of 8:00 a.m. and 8:00 p.m. D. All signs shall be taken down the day the sale ends. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.07 Page 118 2.07.19 Marijuana Dispensaries A. The dispensary shall not be located within 1,000 feet of the real property comprising: 1. a public or private elementary, secondary or career school attended primarily by minors; 2. a child care facility; 3. a public park or public recreational facility; 4. property designated residential on the Comprehensive Plan Map; 5. another marijuana dispensary; B. The dispensary shall be located entirely within a permanent building. C. Drive-through service is prohibited. D. Maximum allowed gross floor area for a dispensary is 3,000 square feet. E. Enhanced exterior security lighting is required for a dispensary. 2.07.20 Accessory Dwelling Units A. Applicability: 1. Accessory dwelling units shall be subject to all applicable development standards of the WDO except as provided for in this Section. 2. One accessory dwelling unit per each single-family detached dwelling—the primary dwelling— may be approved if the applicant shows compliance with the following criteria and standards. B. Siting: Accessory dwelling units may be detached and freestanding from the primary dwelling, located within or attached to the primary dwelling, or attached to an accessory structure garage. C. Architecture: The exterior of the proposed accessory dwelling unit shall match the architectural design of the dwelling or garage if attached to a garage, in terms of finish materials, roof pitch, trim, and window proportion. D. Accessory dwelling units shall be subject to the site development standards of the underlying zoning district, except: 1. Lot coverage: Accessory dwelling units are not subject to the rear yard lot coverage limitation for Accessory Structures. 2. Building height. Accessory dwelling units shall not exceed the height of the principal dwelling unit. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.07 Page 119 3. Density: Accessory dwelling units are not included part of the density calculation for the underlying zone. E. Floor Area: The gross floor area of the accessory dwelling unit shall not exceed 50 percent of the primary dwelling, or 725 square feet, whichever is less. The garage area shall be excluded from calculation of the floor area. F. Separation: There shall be a minimum six foot separation between detached accessory dwelling units and all other structures on the site. G. Vehicles: Structures/vehicles licensed by the Oregon Department of Motor Vehicles shall not be permitted as accessory dwelling units. H. Entrance: An accessory dwelling unit attached or located within a primary dwelling shall not result in any new door entrance being located on an exterior wall facing a front property line. F. Non-conformities: Legally non-conforming accessory structures located on residentially zoned land may be converted to an accessory dwelling unit in accordance with the requirements of Section 1.04. 2.07.21 Cottage Cluster A. Purpose. The City permits cottage cluster housing in all residential zones to meet the following objectives to: 1. Comply with Oregon House Bill 2001 (HB 2001; 2019) and OAR 660-046. 2. Provide a variety of housing types that respond to changing household sizes and ages, including but not limited to retirees, small families, and single-person households. 3. Encourage creation of more usable open space for residents of the development through flexibility in density and lot standards. 4. Ensure that the overall size and visual impact of the cluster development be comparable to standard residential development, by balancing bulk and mass of individual residential units with allowed intensity of units. 5. Provide centrally located and functional common open space that fosters a sense of community and a sense of openness in cottage cluster developments. 6. Ensure minimal visual impact from vehicular use and storage areas for residents of the cottage cluster developments as well as adjacent properties. B. Applicability. The standards of this section apply to all cottage cluster developments in all residential zones. Where there is a conflict between a cottage cluster provision and a provision in WDO 3.07, the cottage cluster provision shall supersede. C. Development Standards. 1. Minimum Lot Size and Dimensions: Per the base zoning district per Chapter 2.02, and if and where an overlay district is applicable, 2.05. 2. Maximum Density. Density maximums do not apply to cottage clusters. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.07 Page 120 3. Maximum Lot Coverage. Maximum lot coverage standards do not apply to cottage clusters. 4. Setbacks and Building Separation. a. Setbacks. Cottage clusters shall meet the minimum and maximum setback standards as specified in Chapter 2.02, and if and where applicable, 2.05. b. Building Separation. Cottages shall be separated by a minimum distance of 6 feet. The minimum distance between all other structures, including accessory structures, shall be in accordance with state building code requirements. 5. Building Footprint. Cottages shall have a maximum building footprint of 900 square feet per OAR [PHONE REDACTED](2). 6. Average Dwelling Size. The maximum average gross floor area (GFA) for a cottage cluster is 1,400 square feet per dwelling. Community buildings shall be included in the average GFA calculation for a cottage cluster. 7. Building Height. The maximum building height for all structures is 25 feet or two stories, whichever is greater. 8. Off-Street Parking. Per Table 3.05A. D. Design Standards. Cottage clusters shall meet the design standards in subsections through 1. Cottage Orientation. Cottages shall be clustered around a common courtyard, meaning they abut the associated common courtyard or are directly connected to it by a pedestrian path, and shall meet the following standards (see Figure 2.07A): a. Each cottage within a cluster shall either abut the common courtyard or shall be directly connected to it by a pedestrian path. b. A minimum of 50 percent of cottages within a cluster shall be oriented to the common courtyard and shall: Have a main entrance facing the common courtyard; Be within 10 feet from the common courtyard, measured from the facade of the cottage to the nearest edge of the common courtyard; and Be connected to the common courtyard by a pedestrian path. c. Cottages within 20 feet of a street property line may have their entrances facing the street. d. Cottages facing neither the common courtyard nor the street shall have their main entrances face a pedestrian path that is directly connected to the common courtyard. 2. Common Courtyard Design Standards. Each cottage cluster shall share a common courtyard in order to provide a sense of openness and community of residents. Common courtyards shall meet the following standards (see Figure 2.07A): a. The common courtyard shall be a single, contiguous area. b. Cottages shall abut the common courtyard on at least two sides of the courtyard. c. The common courtyard shall contain a minimum equal to 150 square feet per cottage ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.07 Page 121 within the associated cluster. d. The common courtyard shall be a minimum of 15 feet wide at its narrowest dimension. e. The common courtyard shall be developed with a mix of landscaping, lawn area, pedestrian paths, and/or paved courtyard area, and may also include recreational amenities. Impervious elements of the common courtyard shall be maximum 75 percent of the common courtyard total area. f. Pedestrian paths shall be included in a common courtyard. Paths that are contiguous to a courtyard shall count toward the courtyard minimum dimension and area. Parking areas, minimum setbacks, driveways, and drive aisles do not qualify as part of a common courtyard. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.07 Page 122 Figure 2.07A: Cottage Cluster Orientation and Common Courtyard Standards ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.07 Page 123 3. Community Buildings. Cottage cluster projects may include community buildings for the shared use of residents that provide space for accessory uses such as community meeting rooms, guest housing, exercise rooms, day care, or community eating areas. Community buildings shall meet the following standards: a. Each cottage cluster is permitted one community building, which shall count towards the maximum average GFA. b. A community building that meets the Chapter 1.02 definition of a dwelling unit shall meet the maximum 900 square foot footprint limitation that applies to cottages, unless a covenant is recorded against the property that states that the structure is not a legal dwelling unit and will not be used as a primary dwelling and conforms to Director administrative specifications. Community buildings are not the same as community club buildings and facilities as Section 2.07.04 describes in the context of conventional residential subdivisions and planned unit developments. 4. Pedestrian Access. a. An accessible pedestrian path shall be provided that connects the main entrance of each cottage to the following: The common courtyard; Pooled parking or shared parking areas; Community buildings; and Boundary Street sidewalk, or, if such sidewalk neither exists nor is required, to the ROW boundary. b. The pedestrian path shall be hard-surfaced and minimum width per Section 3.04.06C. 5. Architecture: Per 3.07.02. 6. Parking Design (see Figure 2.07B). a. Clustered parking. Off-street parking may be arranged in clusters, subject to the following standards: Cottage cluster projects with fewer than 16 cottages are permitted parking clusters of not more than 5 contiguous spaces. Cottage cluster projects with 16 cottages or more are permitted parking clusters of not more than eight 8 contiguous spaces. Parking clusters shall be separated from other spaces by at least 4 feet of landscaping. Clustered parking areas may be covered/sheltered. Parking location and access. The following two standards are not applicable along alleys or shared rear lanes: Off-street parking spaces and vehicle maneuvering areas shall not be located: Within 20 feet of any street property line; ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.07 Page 124 Between a street property line and the front facade of cottages located closest to the street property line. Off-street parking spaces shall not be located within 5 feet of any other property line, excepting property lines along alleys or shared rear lanes. Driveways and drive aisles shall not be located within 5 feet of other property lines except along alleys or shared rear lanes or Section 3.04 requires to adjoin such property lines to meet cross access or shared access standards. Screening. Landscaping, fencing, or walls minimum 3 feet high, shall separate pooled parking or shared parking areas and parking structures from common courtyards and public streets. Garages and carports. Garages and carports (whether shared or individual) shall not abut common courtyards. Individual attached garages up to 200 square feet shall be exempt from the calculation of maximum building footprint for cottages. Individual detached garages shall be maximum 400 square feet GFA. Garage doors for attached and detached individual garages shall be maximum 20 feet in width. 7. Accessory Structures. Accessory structures shall be maximum 400 square feet GFA. 8. Existing Structures. On a lot or parcel to be used for a cottage cluster project, an existing detached single family dwelling on the same lot at the time of proposed development of the cottage cluster may remain within the cottage cluster project area if the development meets the following provisions: b. The existing dwelling may be nonconforming with the WDO as Section 1.04 allows. The existing dwelling may be expanded up to the maximum height or the maximum building footprint per this Section 2.07.21; however, existing dwellings that exceed the maximum height and/or footprint per Chapters 1.04 and 2.02 shall not expand. The GFA of the existing dwelling shall not count towards the maximum average GFA of a cottage cluster. The existing dwelling shall be excluded from the calculation of orientation toward the common courtyard. 2.07.22 Food Carts & Food Cart Pods This section is intended to establish development standards for food carts and food cart pods to ensure they are safe, sanitary, and attractive, and to lessen street frontage improvements and other costly site improvements that could deter development. A. Food Carts: The following standards apply to single food carts not within a food cart pod. 1. Location: Single food carts not within a food cart pod are allowed in all commercial and industrial zones as an accessory use. A single food cart is not allowed as a primary use. There is a maximum of one single food cart per contiguous properties under the same ownership. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.07 Page 125 2. Permitting and review: A single food cart not within a food cart pod shall follow the Type I Design Review procedure for obtaining a site plan approval. 3. Food carts shall comply with all applicable City, Woodburn Fire District, Marion County, and State agency permitting and registration requirements. Permits and registrations shall be properly maintained and renewed. 4. Site development standards: a. Food carts and accessory structures shall maintain a minimum setback of 5 feet from all property lines. b. Food carts and accessory structures shall not block driveways, entrances, or parking aisles, and they shall not be located within the Riparian Area & Wetlands Overlay District (per Section 2.05.05B), a public utility easement (per Section 3.02.01), or a vision clearance area (per Section 3.03.06). c. The food cart shall provide at least 50 square feet of covered seating area. d. Restrooms shall be provided to satisfy applicable State and County permitting requirements. Portable restrooms are prohibited. e. The food cart shall provide adequate refuse containers to satisfy applicable State and County permitting requirements. f. Drive-throughs are prohibited. B. Food Cart Pods: The following standards apply to food cart pods. 1. Location: Food cart pods are allowed in all commercial and industrial zones as primary or accessory uses. 2. Permitting and review: a. A new food cart pod shall follow the Type II Design Review procedure for obtaining a site plan approval. If a proposed structure exceeds the applicable threshold for a Type III Design Review in 5.03.02, then the review shall follow the Type III Design Review procedure instead. b. The expansion of an existing food cart pod to add non-structural elements (such as parking stalls or food cart spaces) shall follow the Type I Design Review procedure. For new or expanded structures, the review shall instead follow the applicable Design Review procedure in Volume 5. c. Food cart pods shall comply with all applicable City, Woodburn Fire District, Marion County, and State agency permitting requirements. Permits shall be properly maintained and renewed. d. Food cart pod managers/owners, as well as each food cart within the pod, shall register their businesses with the City of Woodburn. Registrations shall be properly maintained and renewed. 3. Site development standards: Standards are those of the applicable zoning district, unless otherwise specified below: a. Food carts and accessory structures shall maintain a minimum setback of 5 feet from all property lines. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.07 Page 126 b. Food carts and accessory structures shall not be located within the Riparian Area & Wetlands Overlay District (per Section 2.05.05B), a public utility easement (per Section 3.02.01), or a vision clearance area (per Section 3.03.06). c. Food carts shall be separated from each other by at least 4 feet. d. Food cart spaces shall not exceed the following dimensions: Maximum length is 26 feet. Maximum width is 10 feet. Maximum height is 15 feet. e. Food carts shall be sited entirely on a paved surface and oriented in a manner such that the operation does not block or inhibit use of a public sidewalk or street. f. Common seating area shall be provided to serve the pod and total a minimum area of 50 square feet per food cart. Seating areas shall be ADA-compliant and at least 50% of the seating area shall be covered or sheltered from rain. g. The pod shall provide for internal pedestrian circulation to all food carts and customer amenities through a paved walkway that is ADA-compliant and at least 5 feet wide. h. Restrooms shall be provided to satisfy applicable State and County permitting requirements. Portable restrooms are prohibited. i. Refuse containers shall be provided to satisfy applicable State and County permitting requirements. 4. Street improvements: Food cart pod developments shall provide the following street frontage improvements for each frontage abutting the site. a. Dedicate right-of-way per 3.01; b. Grant a streetside public utility easement per 3.02.01B & F; c. Construct an ADA-compliant sidewalk at least 6 feet wide, or pay a fee-in-lieu per 4.02.12; and d. Plant street trees per 3.06.03A, or pay a fee-in-lieu per 4.02.12. 5. Utilities: All utilities serving a food cart pod shall be underground per Section 3.02.04C. Any public utility line crossing through private property shall be covered by a public utility easement in conformance with Section 3.02.01C. a. Municipal water and sanitary sewer connections are required for each food cart within a food cart pod. Utility services shall terminate in temporary connection assemblies, similar to those used in recreational vehicle (RV) parks. b. A power connection is required for each food cart. On-site generators are prohibited. c. Natural gas connections are allowed. All natural gas connections shall maintain compliance with applicable safety regulations at all times. Liquified petroleum gas tanks (such as propane tanks) are prohibited. d. On-site stormwater detention shall be provided. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.07 Page 127 6. Access: Food cart pods shall provide: a. Vehicular access in conformance with Table 3.04A and Section 3.04.04. Access should be limited to a single driveway. For lots with multiple street frontages, access should occur via the lower classification of street. b. A paved walkway connection at least 6 feet wide shall connect the internal pedestrian circulation walkway and the public sidewalk along each frontage. Corner lots may instead provide a single paved walkway connection at least 8 feet wide at the corner. Walkways may be gated. c. Drive-throughs are prohibited. 7. Transportation impacts: The provisions within Section 3.04.05 are applicable to food cart pods. 8. Parking: The provisions of Chapter 3.05 are applicable to food cart pods, except: a. Screening of a parking area abutting a street may conform with Section 3.05.02D4 through landscaping planters, food cart placement, and/or outdoor seating areas. b. Walkway crossings of drive aisles may utilize painted crosswalk striping to conform with Sections 3.04.06D and 3.05.02N. c. Carpool/vanpool parking standards (Table 3.05C and Section 3.05.03H) are not applicable. d. A minimum of 1 bicycle parking stall is required per food cart. The coverage/sheltering standard (Section 3.05.06C6) is not required. 9. Landscaping: The general landscaping requirements in Section 3.06.02 are applicable. Food cart pods shall provide a minimum of 10 Plant Units per food cart on-site. Required landscaping may be permanently planted in the ground or planted within decorative planters. Planters shall each be at least 25 gallons. Plant unit values are outlined within Table 3.06B, except that a 25-gallon planter provides 1 Plant Unit, a 50- gallon planter provides 2 Plant Units, and so on. 10. Screening: a. A wall or sight-obscuring fence meeting the standards outlined within 2.06.02 is required along any lot line abutting a residentially-zoned property. b. Common refuse collection facilities shall be enclosed behind a sight-obscuring fence or wall and be gated. The fence or wall shall be between 6 and 7 feet tall. 11. Signage: Food cart pod signage shall meet the standards within 3.10 and obtain permits as required by Section 5.01.10. Individual signs attached to a food cart are not required to obtain a permit however they shall not be legible from a public street and they shall not extend more than 3 feet above the roof of the cart. 12. Exterior lighting: The exterior lighting provisions of Chapter 3.11 are applicable to food cart pods. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 2.08 Page 128 2.08 Specific Conditional Uses The purpose of this Section is to establish additional development standards for specific uses which are allowed conditionally. These standards are intended to mitigate the impacts of the particular use when allowed through the Conditional Use process. 2.08.01 General Provisions 2.08.02 Historically and Architecturally Significant Buildings 2.08.03 Telecommunications Facilities 2.08.01 General Provisions A. Specific conditional uses require conditional use approval that is subject to: 1. The supplementary conditional use approval criteria specified in this Section; 2. Additional conditions of development found to be appropriate to mitigate impacts of a particular use; 3. Development standards of the underlying zone, unless the specific conditions of approval set higher standards. B. The specific development standards for each type of conditional use listed in this Section are mandatory. Any deviation from these standards shall comply with criteria for a variance. C. The provisions of this Section shall not apply to those uses allowed outright in a particular zone. 2.08.02 Historically and Architecturally Significant Buildings Certain non-residential uses are permitted as specific conditional uses in the RS and RM zones, in order to preserve historic and architectural resources by allowing an increase in the intensity of use. The conditional use process is intended to strike a balance between providing the economic incentive to restore and maintain the resource, and mitigating any negative impacts of the proposed use on surrounding uses. A. Criteria for Building Designation To qualify for designation as a historically or architecturally significant building, the building shall meet one or more of the following criteria: 1. Be designated on the “National Register of Historic Places” published by the U.S. Department of Interior, or any other inventory of historic structures acknowledged by the State Historic Preservation Office; 2. Be designated an architecturally significant building or awarded recognition for meritorious design by a recognized professional design organization; 3. Be designated in the cultural resource inventory of the Comprehensive Plan as a historically or architecturally significant building. ---PAGE BREAK--- Woodburn Development Ordinance Section 2.08 Page 129 B. Supplemental Conditional Use Approval Criteria 1. The building is designated historically or architecturally significant, pursuant to this Section; 2. The more intensive use of the building is necessary to maintain and preserve its continued existence; 3. In addition to the uses permitted in the underlying zoning district, adaptive reuse of the property may be allowed to a more intensive use. Such adaptive reuse of the property shall be limited to the uses specified in this Section. 4. The scope and intensity of negative impacts associated with the proposed use can be suitably conditioned to mitigate adverse affects on adjoining uses. C. Adaptive Reuses Permitted: 1. Additional dwelling units 2. Retail trade a. Art gallery b. Clothing and accessory stores c. Picture frame shop 3. Professional services a. Legal services b. Accounting c. Architects and engineers d. Specialized design services e. Computer system design f. Management consulting g. Advertising 4. Management and support services a. Telephone answering service 5. Health care and social assistance a. Physician, dentist, and other health practitioner offices b. Child day care services c. Other individual and family services 6. Accommodations, limited to two guest rooms a. Bed-and-breakfast inn D. Development Standards 1. All proposed exterior alterations of the building, additions to the building and addition ---PAGE BREAK--- Woodburn Development Ordinance Section 2.08 Page 130 of structures on the same site, shall maintain the visible architectural and/or historical features and design character that identify the building as a designated resource. 2. Adaptive re-use limits on-site employees to a maximum of three. 2.08.03 Telecommunications Facilities All telecommunication facilities shall be regulated by the provisions of this Section of the Woodburn Development Ordinance (WDO). In the event of any conflict between this and other sections of the WDO, the most restrictive provisions shall control. A. Definitions Aerial: A privately owned and operated antenna for non-commercial uses, subject to height limitations as specified in the WDO. Aerial includes “amateur radio antennae”, but is not a “telecommunications facility”. Ancillary Facilities, Telecommunications: The structure and equipment required for operation of the telecommunication equipment, including, but not limited to, antenna(e), repeaters, equipment housing structures, and ventilation and other mechanical equipment. Antenna(e), Telecommunications: An electrical conductor or group of electrical conductors that transmit or receive radio waves for commercial uses. Attachment, Telecommunications: An antenna or other piece of related equipment affixed to a transmission tower. Collocated Telecommunications Facilities: The attachment of new or additional transmission facilities to an existing transmission tower designed for such multiple use. Exchange Carrier: A provider of telecommunications services. Guyed Tower, Telecommunications: A transmission tower on which cables (guy wires) are permanent. Lattice Tower, Telecommunications: A transmission tower constructed of lateral cross members. Monopole, Telecommunications: A transmission tower consisting of a single upright pole support that does not require guy wires or lateral cross. Pre-existing Towers and Pre-existing Antenna(e), Telecommunications: Any tower or antenna for which a building permit has been properly issued, prior to passage of the WDO. Repeater, Telecommunications: Equipment containing both a receiver and a transmitter; used to relay radio signals over large distances or to provide signals in an area which would otherwise be in a shadow. Shadow, Telecommunications: A geographic area that has less than adequate telecommunication service coverage. Telecommunications Facilities: Facilities designed and used for the purpose of transmitting and receiving voice and data signals from various wireless communications devices. Telecommunications Facilities, New: The installation of new transmission towers. New attachments are not new facilities. ---PAGE BREAK--- Woodburn Development Ordinance Section 2.08 Page 131 Tower Footprint, Telecommunications: The area described at the base of a transmission tower as the perimeter of the transmission tower, including the transmission tower foundation and any attached or overhanging equipment, attachments, or structural members, but excluding ancillary facilities and guy wires and anchors. Tower Pad, Telecommunications: The area that encompasses the tower footprint, ancillary facilities fencing and screening. Tower Height, Telecommunications: The vertical distance from the highest point on the transmission tower to the original grade of the ground directly below. Transmission Tower, Telecommunications: The structure on which receiving antennae are located. B. Standards of Approval 1. All new telecommunications facilities shall be located on a property of sufficient size to comply with the following: a. A setback from all property lines to the tower, which is at least two-thirds the tower height. This standard shall not apply to collocated telecommunications facilities. b. A tower pad large enough to allow for additional collocated and ancillary facilities. The tower or towers shall be located centrally on this pad. This standard shall not apply to antenna(e) attached to existing structures or towers located on rooftops. c. Protection to adjoining property from the potential impact of tower failure and ice falling from the tower. A registered structural engineer’s analysis shall be submitted that demonstrates that the site and facility adequately accommodate measures to mitigate these hazards. d. Separation from pre-existing towers. Tower separation shall be measured by following a straight line from the base of the proposed tower to the base of any pre- existing tower. Minimum separation distances shall be as indicated in Table 2.204A. Minimum Separation Among Telecommunication Facilities Table 2.08A Lattice Tower Guyed Tower Monopole 80 or more feet in height Monopole less than 80 feet in height Lattice Tower 500 feet 500 feet 150 feet 75 feet Guyed Tower 500 feet 500 feet 150 feet 75 feet Monopole 80 or more feet in height 150 feet 150 feet 150 feet 75 feet Monopole less than 80 feet in height 75 feet 75 feet 75 feet 2. Collocation a. Before a proposal for a new transmission tower is considered, an applicant shall exhaust all collocation options, including placement of antennae on existing tall structures and multiple antennae or attachments on a single tower. In cases where an existing tower is modified or rebuilt to a taller height to allow collocation, such change may only occur one time per communication tower site and may only occur ---PAGE BREAK--- Woodburn Development Ordinance Section 2.08 Page 132 when the modification or rebuild request has been initiated by a separate exchange carrier. b. New telecommunication facilities shall be constructed so as to accommodate future collocation, based upon expected demand for transmission towers in the service area. Towers shall be designed so as to accommodate a minimum expansion of three two-way antennae for every 40 vertical feet of tower. c. Replacement of existing pole type structures may be permitted for the purpose of collocation, provided that there is no change to the type of tower. Setback and other location criteria of the underlying zone shall still apply. 3. Multiple Attachments on Utility Poles: In conformance with the Telecommunications Act of 1996, Section 703, a utility shall provide any telecommunications carrier with nondiscriminatory access to any pole, duct, conduit, or right-of-way owned or controlled by it, unless there is insufficient capacity, or access cannot be granted for reasons of safety, reliability, and generally applicable engineering purposes. 4. Height: New telecommunication facilities shall not exceed the height limits established by the underlying zone. 5. Visual Impact: The applicant shall demonstrate that the tower will have the smallest practicable visual impact on the environment, considering technical, engineering, economic and other pertinent factors. a. The height and mass of the transmission tower shall not exceed that which is essential for its intended use and public safety, as demonstrated in a report prepared by a registered structural engineer. b. Towers 100 feet or less in height shall be painted, in order to best camouflage the tower with regard to compatibility with surrounding objects and colors. Unless towers are otherwise disguised or collocated, towers shall be camouflaged as trees whenever structurally possible. c. Towers more than 100 feet in height shall be painted in accordance with the Oregon State Aeronautics Division and Federal Aviation Administration standards, unless an appropriate waiver is obtained. Where a waiver has been granted, towers shall be painted and/or camouflaged in accordance with Section 2.08.03.A.5.b. 6. Accessory Uses: Accessory uses shall include only buildings and facilities that are necessary for transmission functions and associated satellite ground stations, and shall not include broadcast studios (except emergency broadcast), offices, vehicular storage areas, or other similar uses not necessary for the transmission or relay functions. No unenclosed storage of materials is allowed. 7. Lighting: No lighting shall be permitted on transmission towers, except that required by the Oregon State Aeronautics Division or Federal Aviation Administration. This standard shall not prevent shared use or replacement of an existing light pole. For collocation on existing or replaced light poles the transmission tower shall have no net increase to the spread, intensity or direction of the existing light source. 8. Noise: Noise generated by equipment shall be sound-buffered by means of baffling, barriers, or other suitable means, to reduce the sound level measured at the property line ---PAGE BREAK--- Woodburn Development Ordinance Section 2.08 Page 133 to 30 dBA when adjacent to residential uses and 45 dBA in other areas. 9. Fences and Landscaping: a. The tower(s) and ancillary facilities shall be enclosed by a six foot fence meeting the requirement of the WDO. Chain link fences, when allowed, shall have a green vinyl coating. Where a six foot fence in sound condition already exists on a side or sides of the tower pad area, fencing requirements may be waived for that side. b. Landscaping shall be placed outside of fences and shall consist of fast-growing vegetation, with a minimum planted height of six feet, placed densely so as to form a solid hedge. c. Landscaping and fencing shall be compatible with other nearby landscaping and fencing. d. Where antenna(e) or towers and ancillary facilities are to be located on existing buildings or structures and are secure from public access, landscaping and fencing may be waived. 10. Signs: One unilluminated sign, not to exceed two square feet in area, which states the contact name and phone number for emergency purposes shall be provided at the main entrance to the facility. Signs shall not be placed on towers and antennae. C. Abandoned Facilities: 1. When the use of a transmission facility is discontinued for a period of six or more consecutive months, the facility is deemed abandoned. Abandoned facilities shall be removed by the property owner no later than 90 days from the date of abandonment. 2. Failure to remove an abandoned facility is declared a public nuisance and is subject to abatement, pursuant to the Woodburn Nuisance Ordinance and all other applicable legal remedies. 3. Upon written application prior to the expiration of the six month period, the Director shall grant a six month extension for reuse of the facility. Additional extensions beyond the first six month extension may be granted by the Director, subject to any conditions required to bring the project into compliance with current laws and to make it compatible with surrounding development. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.01 Page 134 3.01 Streets, Greenways & Other Off-Street Bicycle/Pedestrian Corridors, and Bus Transit The purpose of this Section is to provide for attractive, safe, comfortable, interesting, and efficient streets, off-street bicycle/pedestrian corridors and facilities, and transit improvements within the city, especially to include and be equitable toward Woodburn residents who cannot or do not own private vehicles or drive, to implement the Woodburn Comprehensive Plan and the Transportation System Plan (TSP), to use civil engineering of streets to reduce speeding, to guide City capital improvement projects, and to have developers upgrade nonconforming streets and construct extended and new streets and off-street bicycle/pedestrian facilities that conform. An objective is to have developers construct or fund street improvements, and other proportional share of improvements for the public, to lessen the cost of land development to the City in order to lessen taxpayer burden for landowners in the context of Oregon Ballot Measures 5 (1990) and 50 (1997). The provision of streets is guided by the applicable goals and policies of the Comprehensive Plan, the TSP, the Highway 99E Corridor Plan, creek greenway plans, the Transit Plan, and other WDO sections. 3.01.01 Applicability 3.01.02 Street General Provisions 3.01.03 Street Improvements Required for Development 3.01.04 Street Cross Sections 3.01.05 Street Layout 3.01.06 Street Names 3.01.07 Off-Street Public Bicycle/Pedestrian Corridors 3.01.08 Mill Creek Greenway 3.01.09 Bus Transit Improvements 3.01.01 Applicability A. Right-of-way standards apply to all public streets and public alleys. B. Improvement standards apply to all public and private streets, public alleys, sidewalks, landscape strips, and on and off-street public bicycle pedestrian corridors. Standards do not exclude conformance with the public works construction code that the Public Works Department administers. C. The Woodburn Transportation System Plan (TSP) designates the functional class of major thoroughfares and local streets. D. This applies to all development as Section 1.02 defines, and is not limited to partitions, subdivisions, multi-family, commercial or industrial construction, or establishment of a manufactured dwelling or recreational vehicle park; however, a lesser set of standards applies to infill residential development of 4 or fewer dwellings and where no land division or Planned Unit Development is applicable, including construction of a single- family dwelling or placement of a manufactured dwelling on an infill lot. See Section 3.01.03C.2. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.01 Page 135 3.01.02 Street General Provisions A. No development shall be approved, or access permit issued, unless the internal streets, boundary streets and connecting streets are constructed to at least the minimum standards set forth in this Section, or are required to be so constructed as a condition of approval. B. Private streets are prohibited, except in manufactured dwelling parks, pursuant to State statute (ORS Chapter 446 and OAR 918-600). All private streets in manufactured dwelling parks shall comply with statute and WDO standards. C. Materials and construction shall comply with specifications of the City of Woodburn. D. The standards of this Section may be modified, subject to approval of a Street Adjustment, Planned Unit Development, Zoning Adjustment, or Variance. Other sections restrict where and how these application types apply. E. When all public improvements are due: The construction of all public improvements, their passing City inspections, and acceptance by the City are due no later than by either 5.01.06B in the context of land division final plat application to the City or by building permit issuance, except if the developer applies to the City through the Public Works Department for deferral and the City Administrator or designee issues a document approving and describing a bond or performance guarantee pursuant to Section 4.02.08. Administration of bonding and performance guarantees for improvements that are public defaults to the Public Works Department, and the department shall notify the Community Development Director of deferral applications and any approvals and conditions of approval. F. Fees in-lieu: Per Section 4.02.12. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.01 Page 136 3.01.03 Street Improvements Required for Development A. With development, the Internal, Boundary, and Connecting streets shall be constructed to at least the minimum standards set forth below. B. Internal Streets Internal streets shall meet all standards of WDO and the TSP. C. Boundary Streets 1. The minimum improvements for a Boundary Street may be termed “half-street” improvements and shall be as follows, except per subsection 2: a. One paved 11-foot travel lane in each direction, even though this results in required improvements being more than half-street by exceeding what the applicable cross section figure would require for a half-street; b. On-street parking on the side of the street abutting the development, if the required cross section includes on-street parking; c. Curb on the side of the street abutting the development; d. Drainage facilities on the side of the street abutting the development; e. Landscape strip with street trees and lawn grass on the side of the street abutting the development; and f. Sidewalk on the side of the street abutting the development. 2. Infill residential development of 4 or fewer dwellings and where no land division or Planned Unit Development is applicable, per Section 3.01.01D: A developer shall: a. Dedicate ROW per the required cross section; b. Dedicate one or more streetside PUEs per Section 3.02.01B; c. Either construct sidewalk per the required cross section or pay fee in-lieu per Section 4.02.12; d. Plant a street tree or trees per Section 3.06.03A and specifically sited to conform with where a landscape strip would be per the required cross section, or pay fee in-lieu per Section 4.02.12; and e. Provide minimum access per Section 3.04, and where a driveway approach, apron, curb cut, or ramp within ROW is relevant, have it meet the public works construction code. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.01 Page 137 D. Connecting Streets 1. The minimum improvements for a Connecting Street shall be one paved 11-foot travel lane in each direction. 2. Connecting streets shall extend from the boundary street of a development, to the nearest intersection that meets the cross-section and improvement requirements of this Section, or 1,000 feet, whichever is less. Figure 3.01A – Internal, Boundary, and Connecting Streets E. When the Director determines that a required improvement of a Boundary Street would not be timely, such as due to pending development of properties in the immediate vicinity or the area for Boundary Street ROW being wholly on adjacent property outside a developer’s control, the developer shall pay fees in-lieu per Section 4.02.12. F. When the Director determines that a required improvement of a Boundary or Connecting Street would not be feasible, due to physical constraints of properties in the immediate vicinity or an inability to obtain right-of-way dedication from property outside a developer’s control, the developer shall pay fees in-lieu per Section 4.02.12, the Director may approve construction of a partial-width street to the minimum standards set forth above, or a combination of both. G. ADA: The minimum standards of this Section 3.01 apply to development such that implementation includes constructing new or upgrading existing public improvements to be ADA-compliant. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.01 Page 138 H. Bridges / culvert crossings: 1. ROW: Required ROW shall remain such regardless of the physical width of the crossing, unless the developer obtains approval of Street Adjustment, modification through Planned Unit Development (PUD), or Variance. 2. Parking: Any parking lane(s) required by the applicable standard cross section shall remain required unless the developer obtains approval of Street Adjustment, modification through PUD, or Variance. 3. Sidewalk widths: A developer may omit from a bridge or culvert the street landscape strips, thereby resulting in curb-tight sidewalk, the minimum width of which shall be either 8 ft where there is to be no adjacent on-street parking or 9 ft where there is to be. Where the City considers a segment of a bicycle/pedestrian facility that is Class A or B to be along sidewalk, the minimum width shall widen to the class standard as applicable. Wider width shall apply where ADA per subsection G applies such that it is required. 4. Fence/railings: Where a street segment is a bridge or culvert crossing, and the public works construction code requires any pedestrian guardrail, handrail, fall protection railing, or safety railing, then it shall be decorative or ornamental (as examples, having an artistic pattern or resembling wrought iron), and a color other than black or charcoal. Any required fence at each end of railings shall be the same color(s). 5. Bridge sides: If the bridge sides are concrete, the surface shall be stamped or treated to resemble either cut stone or rough stone. I. TSP and other adopted long-range plans: Where such plans identify improvements within a Boundary Street, on the subject property of a development, or abutting a side or rear boundary of the subject property, the improvement or a proportional share of the improvement shall apply as a public improvement standard for the development. Applying a proportionate share may necessitate a developer applying to modify, adjust, or vary from a standard where and as the WDO allows. J. Off-site public improvements: To provide for the safety of the traveling public and ensure improved access to a development site consistent with Comprehensive Plan policies and WDO purposes and objectives for orderly urbanization and extension of public facilities, the Director may require off-site improvements reasonably related to a development and concurrent with it. K. Signage: A developer shall remove prohibited signage that Section 3.10.08R identifies. L. Significant Tree removal and preservation: See Section 3.06.07B.2c. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.01 Page 139 3.01.04 Street Cross Sections A. These standards are based on the functional classification of each street as shown in the Woodburn TSP. The street right-of-way and improvement standards minimize the amount of pavement and right-of-way required for each street classification, consistent with the operational needs of each facility, including requirements for pedestrians, bicycles, and public facilities. B. All public streets under the jurisdiction of the City of Woodburn shall comply with the cross-sections depicted in this Section, unless the developer obtains approval of Street Adjustment, modification through Planned Unit Development, Zoning Adjustment, or Variance as the WDO allows them to be applicable. 1. For local residential streets, the standard cross section is Figure 3.01G. Another among local cross section figures, or a custom cross section, may apply through Street Adjustment or Planned Unit Development. 2. Figures 3.01K-N illustrate one-way and two-way model cross sections that the Director may apply, instead of the other standard cross sections, for streets partly or wholly within the Downtown Development and Conservation (DDC) and Gateway Commercial General Overlay Districts. 3. S. Pacific Highway from E. Cleveland Street to South UGB: The Director may administratively allow a developer to apply cross section Figure 3.01R to that segment of S. Pacific Highway instead of 3.01B. If the administrative option is closed, a developer may request to apply Figure 3.01R through Street Adjustment. If the City approves, among other conditions it may require any of the same ROW dedication as Figure 3.01B would have required, a wider streetside PUE equivalent to such ROW, or a combination of some excess ROW and wider PUE. Landscape or planter strips shall have area remaining after street tree plantings landscaped with lawn grass or, if the Public Works Director in writing allows, a species of groundcover. Cobblestones, gravel, pebbles, and rocks are prohibited. Bark dust, mulch, or wood chips are permissible only within the immediate vicinity of a street tree trunk. The developer shall install landscape strip irrigation, and shall provide temporary irrigation during construction, per the public works construction code. C. Exceeding cross section element minimums: Provision of ROW, sidewalk, or landscape strip that exceeds minimum width does not require modification, adjustment, or Variance. D. Streets designated as Arterials or Collectors in the TSP which are located within the Historic Settlemier Transportation Corridor do not require bicycle lanes or a center turn lane, unless the Director determines that a turn lane is warranted for safety reasons. The existing pavement should be used to the extent possible to preserve the historic corridor. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.01 Page 140 Figure 3.01B – Major Arterial (Note 3.01B: The illustrated median is conceptual, optional, and at the discretion of the Public Works Director.) Figure 3.01C – Minor Arterial (Note 3.01C: The illustrated median is conceptual, optional, and at the discretion of the Public Works Director.) ---PAGE BREAK--- Woodburn Development Ordinance Section 3.01 Page 141 Figure 3.01D – Service Collector (Note 3.01D: The illustrated median is conceptual, optional, and at the discretion of the Public Works Director.) Figure 3.01E – Access Street / Commercial Street ---PAGE BREAK--- Woodburn Development Ordinance Section 3.01 Page 142 Figure 3.01F – Local Industrial Street Figure 3.01G – Local Residential Street with Parking Both Sides, 60 Foot Right-of-Way ---PAGE BREAK--- Woodburn Development Ordinance Section 3.01 Page 143 Figure 3.01H – Local Residential Street with Parking Both Sides, 50 Foot Right-of-Way Figure 3.01J – Alley Note 3.01J: It is permissible that Oregon Fire Code (OFC) as administered by the independent Woodburn Fire District may cause alley ROW width to exceed the minimum up to the maximum per Section 1.02, and alley pavement to widen to maximum 20 feet, upon written testimony entered into the record before the City makes a land use final decision and with written concurrence of the Director. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.01 Page 144 Figure 3.01K – Local Residential Street with Parking One Side Figure 3.01L – Local Residential Street with No Parking ---PAGE BREAK--- Woodburn Development Ordinance Section 3.01 Page 145 Figure 3.01M – Traffic Concepts for Downtown Streets, One-Way and Two-Way Design Figure 3.01N – Plaza Street Plan – Two-Way Traffic Concept ---PAGE BREAK--- Woodburn Development Ordinance Section 3.01 Page 146 Figure 3.01P – One-Way with Angled Parking Figure 3.01Q – Two-Way with Parallel Parking Figure 3.01R – Pacific Highway 99E 1,150 Feet South of Cleveland Street to South UGB (MP 33.19** to MP 34.07) ---PAGE BREAK--- Woodburn Development Ordinance Section 3.01 Page 147 3.01.05 Street Layout A. Purpose: To: 1. Implement Woodburn Comprehensive Plan Policies including those regarding avoiding dead-end streets, cul-de-sacs, and out-of-direction travel; 2. Implement the TSP including the Figure 6 “Local Street Connectivity Plan”; 3. Shorten out-of-direction travel for emergency responders; 4. Lessen physical vehicular access to the end of a street stub (from adjacent unimproved land where there is no driveway) that damages an improved street such as by demolishing curb or sidewalk or dragging dirt, mud, or gravel onto an improved street; 5. Not allow outer areas of the city to have street networks so sparse such that a few major thoroughfares are burdened with almost all vehicular traffic; 6. Encourage constructing new means of public access across on-site or adjacent creeks or creek tributaries; 7. Prompt developers to construct alleys or shared rear lanes where they can serve for vehicular travel and access as well as and at less expensive construction cost than public streets; and 8. Allow off-street public bicycle/pedestrian facilities to substitute for a public street, such as an Internal Street, where justified. B. Termination of Streets and Off-Street Bicycle/Pedestrian Facilities 1. Cul-de-sac Streets a. The maximum length of a cul-de-sac street shall be 250 feet. Cul-de-sac length shall be measured along the center line from the nearest right-of-way line of the nearest intersecting street, to the point of curvature of the cul-de-sac bulb. b. The minimum radius of a cul-de-sac bulb right-of-way shall be 55 feet. c. The minimum improved street radius of a cul-de-sac shall be the number of feet per OFC Figure D103.1 or as amended plus the number that fits curb, planting strip and sidewalk. d. The Director may require bikeway and pedestrian facilities to connect from one cul-de-sac to an adjacent cul-de-sac or street, except where the cul-de-sac abuts developed property, or where the Director determines that there is no need for a connection. 2. Temporary Dead End Streets Streets extensions that result in temporary dead end streets, or stub streets, shall: a. Be extended to the adjoining land when it is necessary to give access to, or permit, a future division of adjoining land; b. Require a barricade at the end of the street to be installed and paid for by the property owners. It shall not be removed until authorized by the City of Woodburn. c. Have an all-weather sign at the temporary street terminus, installed by the ---PAGE BREAK--- Woodburn Development Ordinance Section 3.01 Page 148 property owners, that states: “This Street is Planned for Future Extension”. d. If the Public Works Director in writing requires, provide either a one foot-reserve strip deeded to the City, or an alternative method for limiting access approved by the City, at the temporary end of the right-of-way. 3. Continuity of Off-Street Bicycle/Pedestrian Facilities Public bikeway and pedestrian facilities, other than those incorporated in a street right- of-way, shall either: a. Provide for a continuous system, with each segment originating and terminating with a connection to a public street, a public alley, a shared rear lane, a greenway, a public park, or to a designated activity center; or b. Provide stubbed facilities to not preclude subsection and that may extend beyond the limits of an approved development, when such a public facility has been required by the decision-maker. C. Block Standards 1. Block length shall not be less than 200 feet and not more than 600 feet, except where street location is precluded by any of the following; a. Natural topography, wetlands, significant habitat areas or bodies of water, or pre- existing development; b. Blocks adjacent to arterial streets, limited-access highways, collectors or railroads; c. Residential blocks in which internal public circulation provides equivalent access. 2. In any block that is longer than 600 feet, as measured from the right-of-way line of the street to the right-of-way line of the adjacent street, a bikeway/ pedestrian facility shall be required through and near the middle of the block. 3. On any block longer than 1,200 feet, corridors per Section 3.01.07 and 3.01.08 may be required through the block at 600 foot intervals. 4. In a proposed development including partition and subdivision, or where redevelopment potential exists and a street connection is not proposed, one or more off-street bicycle/pedestrian facilities may be required as partition or subdivision connection paths or shortcut paths to connect a cul-de-sac or other public street to other public streets, to other bicycle/pedestrian facilities, or to adjoining land to allow for future connections. D. Street Access Residential development subject to either OFC Section D106 (100 or more multiple-family dwellings) or D107 (30 or more single-family or duplex dwellings) shall comply. Where applicability of either section to a residential development is unclear, then the presumptive standard shall be that if a development has 30 or more dwellings, it shall have two or more means of public access to any of a street, alley, or shared rear lane if a shared rear lane has a public access easement. E. Alleys and Shared Rear Lanes: 1. Purpose: To use alleys and shared rear lanes as a means of access management for the same purposes that Section 3.04.03A lists and to have developers to construct public ---PAGE BREAK--- Woodburn Development Ordinance Section 3.01 Page 149 alleys and shared rear lanes where they can serve for vehicular travel and access as well as and at less expensive construction cost than public streets. 2. Cross section: The alley standard cross section is Figure 3.01J. 3. For development within the RSN and RMN zoning districts, see the standards in Section 2.05.04B. For development that is outside those districts and is specifically planned unit development, see the standards in Section 3.09.06C. F. Local street connectivity plan: 1. Purpose: To implement Woodburn Comprehensive Plan policies and TSP Figure 6 “Local Street Connectivity Plan” and related plan text and serve purposes to improve access and circulation for walking, cycling, and rolling along as well as driving and to have developers bring about extended and new local class streets. 2. Applicability: Applicable to a development where TSP Figure 6 indicates a future street corridor into, through, along, or near a development. The Director may determine what the word “near” means. 3. Standards: a. Cross section: Based on Section 3.01.04B.1, the presumptive minimum width shall be 70 feet for a full width future street corridor or 35 feet for a half-street corridor. The Director may establish a wider standard if more than a half-street width but less than full width is within the development. b. Extent: The presumptive minimum extent begins at an existing street and either connects to a different street or protects future connection. The Director may determine extent of a street connection by considering factors including: TSP Figures 2, 8 & 9; An applicable off-street bicycle/pedestrian facility in or adjacent to a development; Access management per Section 3.04; Existing and future bus transit; Proximity to parks and public schools; Context of developments in the vicinity; Whether a development is in a region within the UGB that has a sparse street network; The layout of regional public potable water, sanitary sewer, and drainage and stormwater management lines and facilities; and Where applicable, the ability of development to conform to subsection D above regarding two means of public access. (10) Where applicable, the RCWOD that Section 2.05.05 regulates. c. Future street corridor: Within the width and extent of a future street corridor where there is a street reservation easement instead of ROW, a developer shall not build buildings, install, mount, or place pre-fabricated buildings, or construct free- standing walls or structures such as carports and trash and recycling enclosures. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.01 Page 150 d. Subsurface/underground: The Public Works Director may direct a developer’s arrangement of private utility lines and facilities if and where they pass under a future street corridor. 4. Implementation: The City may implement this section in concert with Section 3.01 at large by using any of full, wider than half-street, half-street, or narrower than half-street ROW dedication. The City may instead or also use any of off-street PUE dedication or dedication of other types of public easements to identify, memorialize, and reserve future street corridors in place of ROW dedication. Where an easement or easements substitute for ROW, a public easement as a street reservation easement shall include text that identifies and memorializes the future street corridor and makes apparent the easement purpose. The Director may apply this subsection F when administering a street reservation for a street that TSP Figure 2 classifies as higher than local. 5. Significant Tree removal and preservation: See Section 3.06.07B.2c. 3.01.06 Street Names A. All public streets and private manufactured dwelling park streets shall be named, after providing the Woodburn Fire District with an opportunity to review and comment. B. Public and private manufactured dwelling park streets shall be named as follows: 1. The street name shall not duplicate an existing street name, unless there is reasonable assurance the named streets will be connected in the future. 2. New streets shall be designated with the same names as existing streets only if they fall in the same grid line and there are reasonable assurances that the street will connect with another section of the numbered street. 3. Street names shall not sound like another street name or cause confusion. 4. Street names that are deliberately misspelled, frivolous, or reflect the name of the developer or family members shall not be allowed. C. Streets shall be further named with a suffix. 1. Except as indicated in the Woodburn Transportation System Plan, the following suffixes designations apply to new streets, as follows: a. North/South streets shall be designated as a “Street”, with the exception that major streets classified as an arterial in the Woodburn TSP may be designated as a “Road” or a “Highway”. b. East/West streets shall be designated as an “Avenue”, with the exception that major streets classified as an arterial in the Woodburn TSP may be designated as a “Road” or “Highway”. c. A skewed or meandering street shall be named a “Drive”. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.01 Page 151 d. A street less than 1,000 feet in length may be designated as a “Place,” “Way,” or “Lane”. e. A cul-de-sac street with no cross-street shall be designated as a “Court”. f. A continuous loop street that has two intersections with the same street shall be segmented, in reference to its orientation to the overall North/South, East/West street grid, so that the each segment of the loop has a unique name. g. A street that runs in a circle with only one entrance/exit shall be designated as a “Circle”. h. A street with a continuously landscaped median shall be designated as a “Boulevard”. i. If named, an alley shall be designated as either “Alley” or “Lane”. j. A street along a bluff along a creek or creek tributary may be designated “Terrace”. 3.01.07 Off-Street Public Bicycle/Pedestrian Corridors A. Purpose: To provide a comprehensive network of safe, comfortable, and interesting off- street public bicycle/pedestrian facilities, such as paths, with amenities and support facilities that attract walking, cycling and rolling along and as a complement to greenways, especially to include and be equitable toward Woodburn residents who cannot or do not own private vehicles or drive, to implement Woodburn Comprehensive Plan policies, to bring about Transportation System Plan (TSP) accessways and multi-use pathways, to bring about Highway 99E Corridor Plan bicycle/pedestrian enhancements, to reduce out-of-direction walking, cycling, and rolling along, including where railroads constrain the street network or where the street network is sparse, to provide for public active transportation and exercise, to attract cyclists who are interested but concerned about safety from cars, and to have developers upgrade nonconforming facilities and construct extended and new facilities that conform. B. Applicability: Where a development includes or abuts an off-street public bicycle/pedestrian corridor, other than greenway, subject to improvement as the Director determines. For Mill Creek Greenway standards, see instead Section 3.01.08. For purpose of applying improvement standards, corridors are any of the following: 1. Senecal Creek; 2. East Senecal Creek; 3. A creek tributary; 4. A corridor contiguous with the extent of the Riparian Corridor and Wetlands Overlay District (RCWOD) as Section 2.05.05B.1a defines for a riparian corridor; 5. A corridor contiguous with the extent of the 100-year floodplain; and 6. A drainageway that drains to a creek or creek tributary. This includes channelized drainageways and ones otherwise altered, such as through farming, in an era prior to urban stormwater regulation. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.01 Page 152 C. Corridor width: The corridor of land dedicated to accommodate the facility and related improvements and landscaping shall be either dedicated to the City or covered with one or more public easements that accomplish granting the City and the public access. The minimum width shall be per Table 3.01A: Off-Street Public Bicycle/Pedestrian Corridor Widths Table 3.01A Corridor Context 1 Description Minimum Width (feet) 1. Specific a. N. Pacific Hwy The six bicycle/pedestrian accesses that the Highway 99E Corridor Plan, p. 12, Figure 2 “Key Corridor Enhancements” identifies with arrow symbols. 20 b. Railroads Along the east side of the Union Pacific railroad between E. Cleveland and E. Lincoln Streets and the Willamette Valley Railway Co. railroad north side between Mill Creek and Bird’s Eye Avenue. The corridors may be referenced respectively as Bicycle/Pedestrian Corridor RR1 and RR2. 20 2 c. Hermanson Pond vicinity A corridor between the Mill Creek Greenway Hermanson Pond and N. Pacific Highway. It may be referenced as Bicycle/Pedestrian Corridor Z. 2. Land division Where a corridor is either a partition or subdivision tract or subarea of a lot or lots intended to be covered by a public easement granting public access and that leaves the remainder of the lot or lots similar in size to a smaller lot or lots with no such easement. 20 3. RCWOD Where the Riparian Corridor and Wetlands Overlay District as Section 2.05.05 describes overlaps a corridor. (For the Mill Creek Greenway specifically, see Section 3.01.08.) 50 2 1. A corridor is one context. Either of the specific or RCWOD contexts supersede the land division context where it would also have been applicable. 2. Zoning Adjustment permissible. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.01 Page 153 D. Facility class: There shall be three classes of facility pavement widths and related improvement standards, Class A, B, & C, applied as follows: 1. Class A: Table 3.01A corridor context 1c and RCWOD corridor other than Mill Creek. (For Mill Creek Greenway corridor, see instead Section 3.01.08.) 2. Class B: a. Park: Among paths on tracts that a developer is to dedicate to the City as public parkland, minimum 1 path, other than a greenway trail where such is applicable. b. Other: Facilities not otherwise specified in this subsection D. 3. Class C: A land division, partition, or subdivision connection path or shortcut path. E. Improvement, amenity, and support facility standards: Per the Director. F. Landscaping: Per Section 3.06. G. Plan review: As part of land use review, a developer shall submit scaled drawings, including plan and cross section views, of corridor width and facility width, extent, and details. 3.01.08 Mill Creek Greenway A. Purpose: To provide a comprehensive network of safe, comfortable, and interesting public greenway trails with amenities and support facilities that attract walking, cycling and rolling along and as a complement to other off-street public bicycle/pedestrian facilities, especially to include and be equitable toward Woodburn residents who cannot or do not own private vehicles or drive, to implement Woodburn Comprehensive Plan policies, to bring about TSP Projects P46 through P50, to implement adopted creek greenway plans including the Mill Creek Greenway Master Plan, to provide for public active transportation and exercise using land for which private development is environmentally constrained or prohibited, to attract cyclists who are interested but concerned about safety from cars, to put drainage corridors to more than one use, and to have developers upgrade nonconforming greenways and construct extended and new greenways that conform. B. Applicability: Where a development includes or abuts the Mill Creek Greenway, the developer shall construct or install greenway trail and related improvements per this section. C. Corridor width: The corridor of land dedicated to accommodate the trail and related improvements and landscaping shall be either dedicated to the City or covered with one or more public easements that accomplish granting the City and the public access. The presumptive minimum width shall be 24 feet. D. Improvement, amenity, and support facility standards: A developer shall construct trail as a Class A facility. Additional standards are per the Director. E. Landscaping: Per Section 3.06. F. Fees in-lieu: Per Section 4.02.12. G. Plan review: Same as Section 3.01.07G. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.01 Page 154 3.01.09 Bus Transit Improvements A. Purpose: The purpose of this section is to provide for apparent, attractive, and dignified regional and City bus transit facilities, to improve service, especially to include and be equitable toward Woodburn residents who cannot or do not own private vehicles or drive, to extend the reach of those walking and cycling, to implement Woodburn Comprehensive Plan policies, to implement the Transportation System Plan (TSP), to implement the Transit Plan Update that supplements the TSP, to guide City capital improvement projects, and to have developers improve bus transit stops that have few or no improvements. The provision of bus transit improvements is guided also by the Highway 99E Corridor Plan and other WDO sections. B. Applicability: The standards apply along a frontage for which development causes street improvements and either where a bus stop exists that lacks conforming improvements or the City has adopted a long-range transit plan identifying a new bus stop. The standards apply also to off-site bus stop improvements where and as conditioned. C. ROW: Where ROW, whether existing or widened to a minimum per Section 3.01, cannot accommodate a bus shelter, a developer shall dedicate to the City additional width and extent of area to accommodate a shelter and a pad on which the developer is to install it. The developer shall dedicate any of additional ROW, additional width of streetside PUE, off-street PUE, other type of public easement, or combination that both meets the accommodation requirement and to which the Public Works Director does not in writing object. D. Improvements: Per the Director. E. Fees in-lieu: Per Section 4.02.12. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.01 Page 155 This page is intentionally left blank to facilitate section formatting for printing and binding with each chapter starting on an odd-numbered page so that staff can insert in a binder to follow divider tabs. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.02 Page 156 3.02 Utilities and Easements The purpose of this Section is to ensure that adequate easements for public utilities and drainage are provided for all developments, to identify, memorialize, and reserve future street corridors where developers do not dedicate right-of-way (ROW), to secure public access to off-street public bicycle/pedestrian facilities where developers do not dedicate corridors of land to the City, to establish standards for street lighting, and to require that new developments be served with buried or underground utilities. 3.02.01 Public Utility Easements & Public Access Easements 3.02.02 Creeks and Watercourse Maintenance Easements 3.02.03 Street Lighting 3.02.04 Underground Utilities 3.02.01 Public Utility Easements & Public Access Easements A. The Director shall require dedication of specific easements for the construction and maintenance of municipal water, sewerage and storm drainage facilities located on private property. B. Streetside: A streetside public utility easement (PUE) shall be dedicated along each lot line abutting a public street at minimum width 5 feet. Partial exemption for townhouse corner lot: Where such lot is 18 to less than 20 feet wide, along the longer frontage, streetside PUE minimum width shall be 3 feet; or, where the lot is narrower than 18 feet, the longer side frontage is exempt from streetside PUE. C. Off-street: The presumptive minimum width of an off-street PUE shall be 16 feet, and the Public Works Director in writing may establish a different width as a standard. D. City & public access: The minimum width of a public access easement along either a bicycle/pedestrian corridor or sidewalk overlap of property, where the easement serves instead of dedication of either land or ROW to the City, shall be per Section 3.01.07C. E. As a condition of approval for development, including property line adjustments, partitions, subdivisions, design reviews, Planned Unit Developments (PUDs), Street Adjustments, Zoning Adjustments, or Variances, the Director may require dedication of additional public easements, including off-street public utility easements and other easement types such as those that grant access termed any of bicycle/pedestrian access, cross access, ingress/egress, public access, or shared access, as well as those that identify, memorialize, and reserve future street corridors in place of ROW dedication. F. Streetside PUE maximum width: • Purpose: To prevent developers and franchise utilities from proposing wider than minimum streetside PUEs along tracts or small lots after land use final decision; to prevent particularly for a tract or lot abutting both a street and an alley; to encourage developers to communicate with franchise utilities and define streetside PUE widths during land use review and hew to what is defined; to avoid overly constraining yards, and to avoid such PUEs precluding front roofed patios, porches, or stoops. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.02 Page 157 • Standards: Exempting any lot or tract subject to Figure 3.01B “Major Arterial”, the following standards are applicable to a lot or tract with: • No alley or shared rear lane: 8 feet streetside. • Alley or shared rear lane: Either 8 feet streetside and 5 feet along alley or shared rear lane, or, 5 feet streetside and 8 feet along alley or shared rear lane. Nothing in this section precludes a streetside PUE from variable width where necessary such as to expand around public fire hydrants. 3.02.02 Creeks and Watercourse Maintenance Easements A. Public improvement and maintenance easements shall be dedicated along all creeks and other water courses. On streams and waterways where development is regulated, based on Federal Emergency Management Administration (FEMA) flood hazard delineation, the minimum width shall be adequate to accommodate the 100-year floodway. B. On other open channel water courses, such easements shall, at a minimum, extend from the top of one bank to the top of the other bank. These easements shall include an additional 20 feet in width at the top of the bank along the entire length, on one side of the open channel. C. On all piped systems, the easement shall be a minimum of sixteen feet in width. Wider easements may be required by the Director, when needed to accommodate the installation of, or access to, larger and/or deeper pipes. 3.02.03 Street Lighting A. Public Streets: Public streets abutting a development shall be illuminated with street lights installed to the standards of the City and the electric utility. A developer shall provide documentation to the attention of the Public Works Director indicating that any needed illumination complies with the standards. A developer is to refer to Illuminating Engineering Society (IES) of North America Recommended Practice 8, Roadway Lighting (RP-8) or other source as the public works construction code specifies. B. Manufactured Dwelling Park Private Streets The full length of private streets and walkways in manufactured dwelling parks shall be illuminated with lighting designed to average 0.25 horizontal foot-candles. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.02 Page 158 3.02.04 Underground Utilities A. Purpose: To improve streetscape aesthetics, reduce the number of poles errant drivers going off the road can hit, improve reliability of electricity during and after storms, and require larger developments to bury or underground existing electric utilities, developers of larger developments being more likely able to fund such. B. Street: All permanent utility service within ROW resulting from development shall be underground, except where overhead high-voltage (35,000 volts or more) electric facilities exist as the electric utility documents and the developer submits such documentation. 1. Developments along Boundary Streets shall remove existing electric power poles and lines and bury or underground lines where the following apply: a. A frontage with electric power poles and lines is or totals minimum 250 feet; and b. Burial or undergrounding would either decrease or not increase the number of electric power poles. The developer shall submit documentation from the electric utility. Where the above are not applicable, a developer shall pay a fee in-lieu, excepting residential development that has 4 or fewer dwellings and involves no land division. 2. Fees in-lieu: Per Section 4.02.12. C. Off-street: All permanent utility service to and within a development shall be underground, except where overhead high-voltage (35,000 volts or more) electric facilities exist. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.02 Page 159 This page is intentionally left blank to facilitate section formatting for printing and binding with each chapter starting on an odd-numbered page so that staff can insert in a binder to follow divider tabs. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.03 Page 160 3.03 Setbacks and Open Space The purpose of this Section is to identify the requirements for setbacks, open space and vision clearance requirements. Setbacks and open space provide for adequate air movement, solar access, visibility, aesthetics, emergency access, fire separation, recreation, and vision clearance. 3.03.01 Setbacks 3.03.02 Street Widening Setbacks 3.03.03 Projections into the Setback Abutting a Street 3.03.04 Projections into the Side Setback 3.03.05 Projections into the Rear Setback 3.03.06 Vision Clearance Area 3.03.01 Setbacks A. Setbacks 1. No required setback provided for any building or structure shall be considered as providing a setback for any other building. 2. No required setback for any building or structure shall be considered as providing lot coverage for another building, except for a common area not required to be located within a lot, when owned by a homeowner’s association in a Planned Unit Development (PUD). B. Setbacks shall be open and unobstructed by buildings or structures from the ground to the sky, except as may otherwise be permitted in this Section and in Accessory Structures (Section 2.06). C. No portion of a lot necessary to meet the standards for lot area, width, frontage, setbacks, lot coverage, open space, or other requirement of this Ordinance shall have more than one owner, except through a zoning adjustment, or variance. 3.03.02 Street Widening Setbacks A. Street Widening Setbacks are necessary when the existing street right-of-way is less than the designated right-of-way in the Woodburn Transportation System Plan, including as relates to Section 3.01.05F “Local Street Connectivity Plan”. Street Widening Setbacks ensure that development will conform with setback and vision clearance requirements, after a full right-of-way has been acquired. B. Street Widening Setback distances shall be measured at right angles to the center line of street rights-of-way. C. Where dedicated rights-of-way are less than the Street Widening Setback, the setback abutting a street shall be measured from the Street Widening Setback. All regulations applicable to setbacks abutting streets and vision clearance areas shall apply to the area between the lot line and the Street Widening Setback. Fences and walls are allowed up to the property line. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.03 Page 161 Street Widening Setback by Street Classification Table 3.03A By Transportation System Plan Classification & Section 3.01.04 Standard Cross Sections Street Widening Setback from Centerline (feet) Major Arterial 50 Minor Arterial 37 Service Collector 36 Access Street/Commercial Street 33 Local Street, 60-foot right-of-way 30 Local Street, 50-foot right-of-way 25 Other Equal to planned total ROW width divided by 2, then measured from centerline 3.03.03 Projections into the Setback Abutting a Street A. Chimneys, flues, bay windows, steps, eaves, gutters, sills, pilasters, lintels, cornices, planter boxes and other ornamental features may not project more than 24 inches into the setback abutting a street. B. Covered, unenclosed porches shall maintain at least a 5 foot setback from the property line or Street Widening Setback. C. A balcony, outside stairway or other unenclosed, unroofed projection may not project into a minimum front or street setback of the primary building so much that it would encroach into the streetside public utility easement (PUE). (Regarding PUEs, see Section 3.02.01.) D. Arbors, archways, pergolas and trellises shall be exempt from the setback abutting a street. E. Uncovered decks, not more than 18 inches above final grade, shall maintain at least a three foot setback from the property line or Street Widening Setback. F. Flag poles shall maintain at least a five foot setback from the property line or Street Widening Setback. 3.03.04 Projections into the Side Setback A. Chimneys, flues, bay windows, steps, eaves, gutters, sills, pilasters, lintels, cornices, planter boxes and other ornamental features may not project more than 24 inches into a side setback. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.03 Page 162 B. Fire escapes, when not prohibited by any other code or ordinance, may not project into a side setback farther than one-third of the width of the setback, or less than three feet. C. Uncovered decks, not more than 18 inches above final grade, shall maintain at least a three foot setback from the property line or Street Widening Setback. 3.03.05 Projections into the Rear Setback A. Chimneys, flues, bay windows, steps, eaves, gutters, sills, pilasters, lintels, cornices, planter boxes and other ornamental features may project not more than 24 inches into the rear setback. B. A balcony, outside stairway or other unenclosed, unroofed projection may not project more than 10 feet into a rear setback. In no case shall such a projection come closer than 5 feet from any lot line or Street Widening Setback. C. Covered, unenclosed porches, extending not more than 10 feet beyond the rear walls of the building, shall maintain at least a 10 foot setback from the rear property line or 5 feet from Street Widening Setback, or, may have a zero setback along an alley or shared rear lane except it shall be set back to not encroach with the PUE, if any, along the alley or shared rear lane. D. Uncovered decks not more than 18 inches above final grade shall maintain at least a three foot setback from the property line or Street Widening Setback. E. No permitted projection into a rear setback shall extend over an alley, unless the projection is minimum 14 feet above alley grade and the Public Works Director in writing authorizes, or, come within six feet of an accessory structure. F. Accessory structures are not considered projections into a rear setback, but have separate setback requirements listed in this Ordinance (Section 2.06). 3.03.06 Vision Clearance Area A. A vision clearance area (Figures 3.03A and B) is an area at the intersection of two streets, a street and a driveway, or a street and an alley, in which visual obstructions are limited for safety purposes. B. The vision clearance area is formed by a combination of the following lines: 1. At the intersection of two public streets: a line extending 30 feet from the two lot lines adjacent to a street, and a third line drawn across the corner of the lot that connects the ends of the lines. 2. At the intersection of a public street and a private street: a line extending 30 feet from the lot line adjacent to the public street, a line extending 30 feet from the outside edge of the pavement on private street, and a third line drawn across the corner of the lot that connects the ends of the lines. 3. Within the DDC zone (Figure 3.03B): a line extending 20 feet from the two curb lines, and a third line drawn across the corner of the lot that connects the ends of the lines. 4. At the intersection of a public street and an alley: a line extending ten feet from the intersection along the back of curb, a line extending ten feet from the property line ---PAGE BREAK--- Woodburn Development Ordinance Section 3.03 Page 163 along the alley and a line drawn across the corner of the lot that connects the ends of the lines. 5. At the intersection of a public street and a driveway: a line extending ten feet from the intersection along the back of curb, a line extending ten feet along the side of the driveway, and a third line drawn across the corner of the lot that connects the ends of the lines. 6. At the intersection of a private street and a driveway: a line extending ten feet from the outside edge of pavement on the private street, a line extending ten feet along the side of the driveway, and a third line drawn across the corner of the lot that connects the ends of the lines. 7. If a street is subject to a Street Widening Setback, the Street Widening Setback shall be used to define the vision clearance area. Figure 3.03A – Vision Clearance Area in All Zones Except DDC ---PAGE BREAK--- Woodburn Development Ordinance Section 3.03 Page 164 Figure 3.03B – Vision Clearance Area in the DDC Zone C. Vision clearance area shall contain no plants, fences, walls, structures, signs, parking spaces, loading spaces, temporary or permanent obstructions exceeding 42 inches in height (measured from the top of the curb or, where no curb exists, from the street centerline), except: 1. Trees, provided branches and foliage are removed to a height of 7 feet above grade; 2. Utility poles; 3. Utility boxes less than ten inches at the widest dimension; and 4. Traffic control signs and devices. D. The Director shall have the authority to modify the standards for vision clearance areas upon finding that the modification is appropriate, due to one-way traffic patterns. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.03 Page 165 This page is intentionally left blank to facilitate section formatting for printing and binding with each chapter starting on an odd-numbered page so that staff can insert in a binder to follow divider tabs. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.04 Page 166 3.04 Vehicular & Bicycle/Pedestrian Access The purpose of this Section is to establish procedures and standards for granting vehicular access to public streets. Pedestrian access to public streets and between buildings is required and specified by the Woodburn Development Code (WDO). 3.04.01 Applicability and Permit 3.04.02 Drive-Throughs 3.04.03 Access Management: Driveway Guidelines and Standards 3.04.04 Driveway & Drive Aisle Improvement Standards 3.04.05 Transportation Impact Analysis 3.04.06 Bicycle/Pedestrian Access between Sidewalk and Building Entrances 3.04.01 Applicability and Permit A. Street Access Every lot and tract shall have minimum access per subsection 1. or 1. Direct access to an abutting public street, alley, or shared rear lane; or 2. Access to a public street by means of a public access easement and private maintenance agreement to the satisfaction of the Director, revocable only with the concurrence of the Director, and that is recorded. The easement shall contain text that pursuant to Woodburn Development Ordinance (WDO) 3.04.03B.3, the public shared access (ingress and egress) right of this easement is revocable only with the written concurrence of the Community Development Director. 3. Alley: Where proposed or required, every lot and tract abutting it shall access it instead of a public street. 4. Shared rear lane: Where proposed or required, and it has a public access easement the same as per subsection 2, it may substitute for an alley, and every lot and tract abutting it shall access it instead of a public street. B. Access to City Streets A City access permit shall be required for any new or modified vehicular access to a street that is under City jurisdiction. C. Access to County Roads Access to a road under the jurisdiction of Marion County shall be subject to County requirements. The Director may incorporate County requirements into the conditions of approval for any application. D. Access to State Highways Access to a transportation facility under the jurisdiction of the Oregon Department of Transportation (ODOT) shall be subject to State requirements. The Director may incorporate ODOT requirements into the conditions of approval for any application. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.04 Page 167 3.04.02 Drive-Throughs A. Drive-Through Lane Dimensions and Configuration 1. Minimum Lane Width: 10 feet 2. Minimum Lane Length: 50 feet, unobstructed by lateral vehicular access. Precluded lateral vehicular access shall include the access/maneuvering area for off-street parking and overlap onto public street right-of-way. The unobstructed length shall be measured from the drive-up window or stop line, whichever is greater. 3. Buffering/screening: A drive through in yard abutting a street shall be buffered or screened to the same standards as Section 3.06.05B and shall include a minimum number of trees equal to 1 per 30 lineal feet of drive-through aisle. Where a streetside PUE per Section 3.02.01 applies such that it overlaps or exceeds a drive-through aisle proposed setback, and, per the Public Works Director this would preclude planting of new trees or construction or installation of screening within that area of yard that the PUE overlays, the drive-through aisle street setback shall increase to a minimum equal to the streetside PUE width plus 3 feet. 3.04.03 Access Management: Driveway Guidelines and Standards A. Purpose: To implement Woodburn Comprehensive Plan policies, to implement the Highway 99E Corridor Plan, to reduce vehicular points of conflict, to reduce driveways interrupting landscape strips and the pedestrian experience along sidewalk, to preserve the appearance of street-facing yards in developments of other than multiple-family dwellings, and to preserve on-street parking where existing or required of development. B. Number of Driveways 1. For residential uses, along streets the maximum number of driveways per lot frontage shall be as follows and if and as subsection D further limits: a. Single-family dwelling and dwelling other than multiple family and other than townhouse: One driveway for every 100 feet of lot frontage. For a corner lot wider than 25 feet, the Director may prohibit a driveway on one of the frontages based on the factors of street functional class and whether the required street cross section includes on-street parking. b. Townhouse: One driveway as a joint driveway for each pair of lots. c. Cottage cluster: Same as above except that if parking is pooled into a common facility with no direct driveway access to an individual carport or garage, then two driveways total along either the lot or, if partitioned or subdivided, the lots constituting the cottage cluster project. d. Multiple-family dwelling and all other residential uses not listed above: One driveway for every 100 feet of lot frontage. 2. Oregon Fire Code: A minimum of two driveways shall be provided in developments as follows: ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.04 Page 168 a. Where OFC Appendix D Section D106 is applicable (100 or more multiple-family dwellings); or b. Where OFC Appendix D Section D107 is applicable (30 or more single- family dwellings or duplexes); or c. With 30 or more dwellings if and where it is unclear what if any OFC Appendix D section would be applicable. d. Exceptions: If and as either section provides exception through approved automatic fire sprinkler system as administered by the Fire Marshal no later than during building permit review; or The Woodburn Fire District Fire Marshal may in writing exempt subject development from a second driveway if determining that instead of a second driveway, one or more development Boundary, Connecting, or Internal Streets, public alleys, or shared rear lanes with public access, can serve as the one or more “fire apparatus access roads” that OFC Appendix D references and requires. 3. For nonresidential uses, the number of driveways should be minimized based on overall site design, including consideration of: a. The function classification of abutting streets; b. The on-site access pattern, including parking and circulation, joint access, turnarounds and building orientation; c. The access needs of the use in terms of volume, intensity and duration characteristics of trip generation. 4. Unused driveways shall be closed. 5. For all development and uses, the number of driveways shall be further limited through access management per subsections C & D below. C. Joint Access 1. Lots that access a Major Arterial, Minor Arterial, Service Collector, or Access Street should be accessed via a shared driveway or instead to an alley or shared rear lane. 2. A partition, subdivision, or PUD should be configured so that lots abutting a Major Arterial, Minor Arterial, Service Collector, or Access Street have access to a local street, alley, or shared rear lane. Access to lots with multiple street frontages should be from the street with the lowest functional class. 3. Every joint driveway or access between separate lots shall be per the same means as in Section 3.04.01A.2. 4. Standards: a. Easement: Per Section 3.04.01A.2 and minimum width 20 feet. b. Improvements: The easement and the drive aisle or aisles it follows shall align along centerline. Each shared access drive aisle shall extend to the property line ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.04 Page 169 with no terminating curb and no fixed barrier mounted to the drive aisle. The drive aisle minimum width is 20 feet if without side curbs and 21 feet inclusive of side curbs. D. Access management: 1. Residential development other than multiple-family dwellings: The Director may require that two or more dwellings across two or more lots within a partition, subdivision, or Planned Unit Development to share driveways, for example, by requiring detached houses on adjoining lots to share a driveway along a common lot line. 2. Commercial: Any development within a commercial zoning district that Section 2.03A lists shall grant shared access to adjacent lots and tracts partly or wholly within any of the same districts. An alley or shared rear lane may substitute for meeting this standard if the alley provides equivalent public access. Zoning Adjustment is permissible. 3. Flag lots: For development that proposes a flag lot that resembles Figure 1.02D, Lot 3 by having a pole, the two adjacent lots along the street shall, if resembling figure Lot 2, shall share access via a driveway on the flag lot pole. This section supersedes Figure 3.04A, of which the right side is excerpted and reproduced below: 4. P/SP: For development within the Public and Semi-Public (P/SP) zoning district, the Director may limit the number of driveways. 5. Driveway movements: For development with two or more driveways, the Director may limit turning movements into or out of a driveway or limit a driveway to being inbound or outbound only. E. Interconnected Parking Facilities ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.04 Page 170 1. All uses on a lot shall have common or interconnected off-street parking and circulation facilities. 2. Similar or compatible uses on abutting lots shall have interconnected access and parking facilities. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.04 Page 171 Access Requirements Table 3.04A 1 to 4 Dwellings, Living Units or Individual Lots 6 5 or More Dwelling or Living Units, School, or House of Worship 6 Commercial or Industrial Use Flag Lot Access Width (feet) (See Figure 3.04A) 20 minimum 20 minimum 20 minimum Paved Width of Driveway (feet) 3, 4, 7, 8 1-way 8 minimum 10 minimum 20 maximum 10 minimum 20 maximum 2-way 14 minimum 16 maximum 7 20 minimum 24 maximum* *(Add 6 ft maximum if a turn pocket is added) Commercial/Mix ed-Use: 20 minimum 24 maximum* *(Add 12 ft maximum if a turn pocket is added) Industrial: 22 minimum 36 maximum* *(Add 8’ if a turn pocket is added) Manufactured Dwelling Park 10 minimum n/a n/a Throat Length (feet) 5 Major Arterial, Minor Arterial, Service Collector n/a 36 minimum Commercial: 36 minimum; Industrial: 50 minimum Access or Local Street n/a 18 minimum 18 minimum Corner Clearance (feet) Guidelines 1 (See Figure 3.04B) Access or Local Street 30 minimum 30 minimum 30 minimum Service Collector 50 minimum 50 minimum 50 minimum Minor Arterial 245 minimum 245 minimum 245 minimum Major Arterial 300 minimum 300 minimum 300 minimum ---PAGE BREAK--- Woodburn Development Ordinance Section 3.04 Page 172 Driveway Separation Guidelines (feet) 1, 2 (See Figure 3.04B) Driveway on the same parcel 22 minimum 50 minimum 50 minimum Access or Local Street none none none Service Collector 50 minimum 50 minimum 50 minimum Minor Arterial 245 minimum 245 minimum 245 minimum Major arterial 300 minimum 300 minimum 300 minimum ---PAGE BREAK--- Woodburn Development Ordinance Section 3.04 Page 173 Access Requirements Table 3.04A 1 to 4 Dwellings, Living Units or Individual Lots 6 5 or More Dwelling or Living Units, School, or House of Worship 6 Commercial or Industrial Use Turnarounds 9 Access to a Major or Minor Arterial Required Required Required Access to any other street Required if the driveway length to the lot located furthest from the street exceeds 150 feet Requirements per the Woodburn Fire District Requirements per the Woodburn Fire District 1. The separation should be maximized. 2. Driveways on abutting lots need not be separated from each other, and may be combined into a single shared driveway. 3. Driveways over 40 feet long and serving one dwelling unit may have a paved surface minimum 8 feet wide. 4. Notwithstanding the widths listed in this table, the minimum clearance around a fire hydrant shall be provided (See Figure 3.04D). 5. Throat length is measured from the closest off-street parking or loading space to the right-of-way. A throat applies only at entrances (See Figure 3.05B). 6. Maximum of 4 individual lots can be served from single shared driveway (See Figure 3.04A) except where and as Section 3.04.03D.3 “Flag Lots” supersedes. 7. It is permissible that the Oregon Fire Code (OFC) as administered by the independent Woodburn Fire District may cause driveway widths to exceed minimums and maximums. It is a developer’s responsibility to comply with the OFC. 8. Width measurement excludes throat side curbing, if any. 9. Refer to OFC Appendix D, Figure D103.1. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.04 Page 174 Figure 3.04A – Flag Lot Access Width (Note 3.04A: Where it applies, Section 3.04.03D.3 “Flag Lots” supersedes Figure 3.04A regarding flag lot maximum number.) ---PAGE BREAK--- Woodburn Development Ordinance Section 3.04 Page 175 Figure 3.04B – Corner Clearance and Driveway Spacing 3.04.04 Driveway & Drive Aisle Improvement Standards The portion of a driveway on private property shall be paved. Asphalt, brick, poured concrete, concrete pavers, and square or rectangular cobblestone pavers are allowed. Particularly within emergency-only fire lanes and lanes for maintenance vehicle access to private drainage and stormwater management facilities, but also anywhere on private property, reinforced cellular concrete (cast on-site) grass paving surface (“grasscrete”) is allowed also. Gravel is allowed only for property with residential zoning, where no land division is involved, and for existing development other than multiple-family dwelling. Gravel must be minimum 10 feet from the ROW of a street. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.04 Page 176 3.04.05 Transportation Impact Analysis A. This section establishes when a proposal must be reviewed for potential transportation impacts; when developer must submit a transportation impact analysis (TIA) or transportation impact letter or memo with a development application in order to determine whether conditions are needed to mitigate impacts to transportation facilities; the methodology and scope of a TIA or letter or memo; who is qualified to prepare the analysis; and implements Woodburn Comprehensive Plan policies. Where the IMA Overlay District is relevant, see also Section 2.05.02. B. A transportation study known as a transportation impact analysis (TIA) is required for any of the following: • Comprehensive Plan Map Change or Zone Change or rezoning that is quasi-judicial, excepting upon annexation designation of zoning consistent with the Comprehensive Plan. • A development would increase vehicle trip generation by 50 peak hour trips or more or 500 average daily trips (ADT) or more. • A development would raise the volume-to-capacity (V/C) ratio of an intersection to 0.96 or more during the PM peak hour. • Operational or safety concerns documented by the City or an agency with jurisdiction, such as ODOT or the County, and submitted no earlier than a pre-application conference and no later than as written testimony entered into the record before the City makes a land use decision. • A development involves or affects streets and intersections documented by ODOT as having a high crash rate, having a high injury rate of persons walking or cycling, having any cyclist and pedestrian deaths, or that partly or wholly pass through school zones that ODOT recognizes. • Where ODOT has jurisdiction and ORS or OAR, including OAR 734-051, compels the agency to require. A developer shall submit a traffic impact letter or memo when the City or an agency with jurisdiction does not require a TIA. A development within the Downtown Development and Conservation (DDC) zoning district is exempt from TIA submittal. C. A TIA shall evaluate the transportation impacts projected of a development proposal, and where a development would fail to meet a transportation standard or would hinder public safety, shall list and describe mitigation to the satisfaction of the City. To bring about mitigation, the City may apply conditions having rational nexus and rough proportionality, and conditions may establish improvements, fees, and transportation demand management (TDM) for a development above and beyond WDO minimums. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.04 Page 177 D. Mitigation may include that which allows for or improves walking, cycling, rolling, and public transit and serves transportation demand management (TDM), for example, such as through construction or payment of fees in lieu of bicycle/pedestrian facilities and transit stop improvements, whether on or off-street and on or off-site. E. Mitigation shall be concurrent with development and due the same as public improvements and fees in-lieu are per Sections 3.01.03 and 4.02.12 with an exception that a condition or conditions of approval may set a later due date for a mitigation item. F. The methodology for a TIA shall be consistent with City standards, both below and where superseded by any of other sections of the WDO (such as Section 2.05.02 for the IMA Overlay District), another City ordinance, a resolution, written policy, or ODOT or County jurisdiction and application of more stringent agency standards. Vehicular level of service (LOS) and volume-to-capacity (V/C) ratio shall be as follows: • For a signalized and all-way stop-control intersection, the minimum LOS shall be either or if pre-development already operating at lower LOS, then at no lower LOS. • For a signalized intersection, the minimum V/C ratio shall be either less than 1.00 regardless of LOS or if pre-development already operating at 1.00 or higher V/C, then at no higher V/C. • For an unsignalized intersection, the minimum V/C shall be 0.95 or lower for minimum the major movement through the intersection, or, if pre-development already operating at higher V/C, then at no higher V/C. • For developments within the Gateway Commercial General Overlay, Mixed Use Village (MUV), and Neighborhood Nodal Commercial (NNC) zoning districts and intersections partly or wholly within a district, the Director may allow the lower minimum of either LOS or 1.00 V/C, whichever is more generous. • Modeling assumptions: The vehicle trip background growth rate shall be minimum zero percent and maximum 0.5 percent. Vehicles per lane per hour shall be minimum 720 for a local class street with signalized intersections. • The Director may specify what intersections a TIA is to study. • A developer may propose, and the Director may allow, a different analysis and concurrent mitigation based on any of the ITE manual Designing Walkable Urban Thoroughfares: A Context Sensitive Approach and the NACTO Urban Street Design Guide. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.04 Page 178 3.04.06 Bicycle/Pedestrian Access between Sidewalk and Building Entrances A. Purpose: To provide for those who are not driving apparent, safe, and dignified access to developments from public streets and public off-street bicycle/pedestrian facilities, especially to include and be equitable toward Woodburn residents who cannot or do not own private vehicles or drive, and to implement Woodburn Comprehensive Plan policies. B. Wide walkway: Excluding residential development other than multiple-family dwellings, 1 wide walkway minimum or with each of two frontages for sites of two or more frontages. Where a development includes or abuts a public off-street bicycle/pedestrian facility, a wide walkway shall also connect to the facility. Minimum width 8 feet, ADA-compliant, and not gated. Gating is allowed only if the development driveway throat or throats are gated. C. Walkway: Minimum 1 per frontage except where a wide walkway supersedes. Minimum width 6 feet and may have stairs. For residential development of other than multiple-family dwellings, each lot shall have a walkway minimum 2 feet wide of minimum length such that it connects sidewalk with an entrance to each and every dwelling on a given lot. The walkway shall not overlap a driveway, and where a walkway is flush with a driveway, it shall either be raised minimum 3 inches, have curbing which may be mountable, and be minimum 3 feet and 3 inches wide, or be dyed, patterned, stamped or otherwise treated or of a different paving material than the driveway to visually distinguish it from the adjacent driveway. D. Walkway and wide walkway crossings: A development with crossings of drive aisles shall have one or more crossings made visually distinct from adjacent vehicular pavement and minimum width equal to that of the walkway. 1. Wide walkways: Minimum width 8 ft each. Every crossing along a wide walkway shall be either an extension of wide walkway poured concrete at the same grade as adjacent vehicular area or in the form of a speed table, also known as a raised walkway crossing, minimum 4 inches high and with vehicular side ramps maximum slope ten percent and with striped warning triangles. ADA-compliant transitions or ramps shall be minimum 5 feet wide. For multiple-family dwelling development, the speed table option shall be a requirement. 2. Walkways: Where there are walkways and any of them cross drive aisles, all of the crossings along minimum 1 walkway shall be either an extension of walkway poured concrete at the same grade as adjacent vehicular area and same width as the walkway or in the form of a speed table, also known as a raised walkway crossing, minimum 4 inches high. A developer shall stripe remaining walkway crossings with any of hatch or ladder pattern or three or more bars perpendicular to the crossing. 3. See Section 3.05.02N regarding crossings within multiple-aisle parking areas. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.04 Page 179 This page is intentionally left blank to facilitate section formatting for printing and binding with each chapter starting on an odd-numbered page so that staff can insert in a binder to follow divider tabs. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.05 Page 180 3.05 Off-Street Parking and Loading The purpose of this Section is to identify the requirements for off-street parking and loading facilities. Well-designed parking facilities improve vehicular and pedestrian safety, promote economic activity, enhance the driving public’s experience, promote cycling, carpooling, vanpooling, and per electric vehicles, allow persons walking, cycling, and rolling along to pass along or through parking areas in comfort and dignity, and to implement Woodburn Comprehensive Plan policies. With appropriate landscaping and storm water design, parking areas can also mitigate the environmental impacts of development and reduce the urban heat island effect. 3.05.01 Applicability 3.05.02 General Provisions 3.05.03 Off-Street Parking 3.05.04 Off-Street Loading & Unloading 3.05.05 Shared Parking 3.05.06 Bicycle Parking Standards 3.05.01 Applicability The provisions of this Section shall apply to the following types of development: A. All requirements and standards of Section 3.05 shall apply to any new building or structure constructed after the effective date of the Woodburn Development Ordinance (WDO). B. Any additional parking or loading required to accommodate a change in use, or expansion of an existing use, shall conform to all parking, loading and landscaping standards of the WDO. 3.05.02 General Provisions A. All required parking and loading spaces shall be retained and maintained in accordance with the standards of the WDO. B. The land for off-street parking and loading areas shall either be: 1. Owned in fee title by the owner of the structure or site being served by the parking area, or 2. Subject to legal documentation to the satisfaction of the Director, establishing permanent use of off-street parking that is under separate ownership. The parking, subject to such a parking agreement, shall be in compliance with all requirements and development standards of the WDO. The agreement shall be recorded with the County Recorder and filed with the Director. C. When calculations for determining the number of required off-street parking spaces results in a fractional space, any fraction of a space less than one-half shall be disregarded, and a fraction of one-half or greater shall be counted as one full space. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.05 Page 181 D. Location 1. Off-street parking and loading spaces shall be provided on the same lot as the primary building or use except that: a. In RS, R1S or RM zones, parking spaces for non-residential uses permitted in the zone may be located on another site, if such site is within 250 feet of the lot containing the primary building, structure or use. b. In any zone other than RS, R1S or RM, the parking spaces may be located on another site, if such site is within 500 feet of the site containing the primary building, structure or use. 2. Off-street parking shall be located either in the same zone, in a more intensive zone or in a zone where parking is allowed as a permitted use, or subject to approval as a conditional use. 3. In residential districts, off-street parking and storage shall be prohibited within a yard abutting a street, except within a driveway leading to a garage or carport. 4. In non-residential districts, off-street parking and storage shall be prohibited within a setback adjacent to a street, except if screened per Section 3.06.05B. Vehicle parking within the public right-of-way shall not be eligible for fulfilling any required off-street parking requirement. E. Setback 1. In commercial and industrial zones, the parking, loading, and circulation areas shall be set back from a street a minimum of five feet. 2. Parking, loading, and circulation areas shall be set back from a property line a minimum of five feet, excepting any of interior lot lines of lots in a development that have the same owner or that have outbuildings as part of a complex of buildings sited amid parking, such as in an office or industrial park or strip mall, a shared access anduse agreement between or among landowners per Section 3.04, and shared access in the specific context of residential development of other than multiple-family dwellings. F. All vehicle parking and loading areas shall be paved to the standards of this ordinance (Section 3.04.04), except that in the IP, IL, SWIR, and P/SP zones, storage areas used for equipment that may damage pavement may be stored on a gravel-surface storage area. A gravel storage area shall be constructed to a minimum of surfacing of: six inches of one inch minus to three inch minus gravel. If three inch minus is used, the top two inches shall be one inch minus. The property owner shall maintain a gravel storage area to ensure continued drainage and dust control. A paved access apron to any paved access road is required, regardless of the storage area surface. G. All vehicle parking, loading, and storage areas shall be graded and provide storm drainage facilities approved by the Director. H. All parking spaces, except those for residential development other than multiple-family dwellings, shall be constructed with concrete or rubber bumper guards or wheel barriers maximum 4 inches high that prevent vehicles from damaging structures, projecting over walkways so as to leave less than 4.5 feet of unobstructed passage, or projecting over wide walkways, abutting properties, or rights-of-way. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.05 Page 182 I. Maneuvering areas shall be designed in compliance with this Section (Table 3.05B). Off- street parking areas shall be designed so that no backing or maneuvering within a public right-of-way is required. These provisions do not apply to dwellings other than multiple- family. J. All uses required to provide 20 or more off-street parking spaces shall have directional markings or signs to control vehicle movement, and any dead-end drive aisle 50 feet or longer shall have an MUTCD-compliant “no outlet” sign. K. Except for dwellings other than multiple-family, off-street parking spaces shall be delineated by double parallel lines on each side of a space, except a side adjacent to any of curb or ADA parking accessible aisle. The total width of the lines shall delineate a separation of two feet. The lines shall be four inches wide (See Figure 3.05C). L. Parking area lighting for all developments shall conform to Chapter 3.11. M. Required parking spaces shall be available for parking of operable vehicles of residents, customers, patrons and employees and shall not be used for the storage of vehicles or materials or for the parking of fleet vehicles, except for those fleet vehicles: 1. Driven by an employee to the site each work day from home, or 2. Stored during periods other than normal business hours. N. Walkway crossings: Parking areas with multiple aisles shall have minimum 1 walkway or wide walkway that passes through the parking area to the aisle farthest from the building. Each walkway crossing shall conform to Section 3.04.06D. 3.05.03 Off-Street Parking A. Number of Required Off-Street Parking Spaces 1. Off-street vehicle parking spaces shall be provided in amounts not less than those set forth in this Section (Table 3.05A). 2. Off-street vehicle parking spaces shall not exceed two times the amount required in this Section (Table 3.05A). B. ADA: Accessible parking shall be provided in amounts not less than those that ORS 447.233 requires. The number of accessible spaces shall be included as part of total required vehicle parking spaces. C. A maximum of 20 percent of the required vehicle parking spaces may be satisfied by compact vehicle parking spaces. D. Off-street vehicle parking spaces and drive aisles shall not be smaller than specified in this Section (Table 3.05B). E. A developer shall provide off-street bicycle parking per the minimums and standards in Tables 3.05D & G and the additional standards in Section 3.05.06. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.05 Page 183 F. Garages 1. For dwellings other than multiple-family: a. The parking spaces required by this section (Table 3. 05A) shall be in a garage or garages; however, garages or carports are not required for duplexes, triplexes, quadplexes, townhouses, and cottage clusters in compliance with OAR 660-046- 0220(2)(e)(D). b. There shall also be an improved parking pad, abutting the garage doorway, for each opposing parking space within a garage if the garage abuts a street. Each parking pad shall have the minimum dimensions of 8 feet wide by 18 feet long. 2. For multi-family dwellings, one-half of the parking spaces required by this Section (Table 3.05A) shall be in a garage or garages, whether conventional or tandem, or, in a carport or carports. Figure 3.05A – Parking Spaces in Garage (Blue) and Improved Parking Pad (Yellow) G. Additional design standards apply in the DDC zone (Section 3.07.07.C.12), MUV zone (Section 3.07.08.K), and NNC zone (Section 3.07.09.B). ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.05 Page 184 Off-Street Parking Ratio Standards Table 3.05A Use 1, 2 Parking Ratio - spaces per activity unit or square feet of gross floor area RESIDENTIAL 1a. Single-family dwellings (houses), including manufactured homes, and multiple-family dwellings 2/ dwelling unit 1b. Duplexes, triplexes, quadplexes, townhouses, and cottage clusters 1/ dwelling unit 4 2. Rooming/boarding house, hotel, motel, and other traveler accommodations 2 parking spaces + 1/ guest room 3. Group Home or Group Care Facility 0.75/ living unit COMMERCIAL / PUBLIC 4. General indoor recreation 1/ 200 square feet 5. Food and drinking places 1/ 200 square feet 6. Motor vehicle service 1/ 200 retail area + 3/ service bay + 1/ pump island 7. General retail sales (such as food and beverages, clothing, sporting goods, health and personal care items, and motor vehicle parts) 8. Photo finishing 9. Ambulatory health services (such as doctors, dentists, optometrists, and chiropractors) 10. Postal service 11. Limited-service eating place 1/ 250 square feet 12. Offices (such as professional, scientific and technical services, finance and insurance, real estate, administrative and support services, social assistance, and public administration – but not including ambulatory health services) 1/ 350 square feet 13. Personal services Greater of: 1/ 350 square feet; or 2/ service chair or room 14. Libraries 1/ 400 square feet 15. Outdoor sales and service of bulky merchandise (such as motor vehicles, farm equipment, and manufactured dwellings) 1/ 400 square feet of structure + 1/ 20,000 square feet of outdoor display area 16. General repair and service (such as electronic and precision equipment, leather goods, laundry and dry cleaning equipment) 1/ 500 square feet ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.05 Page 185 17. Printing and related support activities 18. Mail order house Greater of 1/ 700 square feet or 1/ employee 19. Fabricated metal products manufacturing 20. Commercial and industrial equipment repair 21. Craft industries 22. Commercial bakery Greater of 1/ 800 square feet or 1/ employee 23. Indoor sales and service of bulky merchandise (such as furniture, appliances, and building materials) 1/ 900 square feet 24. Temporary outdoor marketing and special events 1/ 1,000 square feet of outside event space plus, no reduction from primary zoning for other uses. 25. Delivery services One space per delivery vehicle plus one space per employee per shift. 26. Food cart pods 3 per cart + 1/ 200 square feet of building area 27. Home occupation 28. Residential sales office 29. Temporary residential sales No reduction from dwelling requirement is allowed. 30. Contractors 2 parking spaces + 1/ employee 31. Parks and playgrounds Minimum of other uses requiring parking 32. Urban transit system, interurban and rural transit, taxi service, limousine service, school transportation, charter bus service, special needs transportation, motor vehicle towing 1/ vehicle plus 1/ employee 33. Hospital 1.5/ bed 34. Meeting facilities (such as house of worship, auditorium, motion picture theater, arena, funeral home, and lodge hall) 35. Museum and historic sites 36. Community center 37. Community club building and facilities One space per 4 occupants, as established by the building code 38. Bowling center 2/ lane 39. Golf course 4/ tee 40. Court games (tennis, handball, racquetball) 3/ court + 1/ 4 feet of bench 41. Day care 2/ caregiver 42. Elementary or middle school 2/ classroom 43. High school 1/ unit of capacity for 6 students 44. Community college, college, business school, trade school, technical school, other instruction (including dance, driving and language) 1/ unit of capacity for 4 students ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.05 Page 186 45. Play or ball field Greater of: 15/ field or 1/ 8 feet of bench 46. Government and public utility buildings and structures Greater of: 2 or one per employee at location 47. Cemetery 10 plus one per acre INDUSTRIAL 48. Wholesale trade 49. Motor vehicle wrecking yard 1/ 700 retail square feet + 1/ 1,000 wholesale square feet 50. Manufacturing 51. Stone, clay, glass and concrete products 52. Fabricated metal products, except machinery 53. Electronic and other electrical equipment and components, except computer equipment 54. Transportation equipment Greater of: a. 1/ 800 square feet (0 to 49,999 square feet) b. 63 plus 1/ 1,000 square feet over 50,000 (50,000 to 99,999 square feet) c. 113 plus 1/ 2,000 square feet over 100,000 (100,000 square feet or more) or 1/ employee 55. Warehousing 56. Motor freight transportation and warehousing 57. Truck transportation 58. Support activities for rail transportation 59. Wholesale trade – durable goods 60. Wholesale trade – Non-durable goods 61. Recycling centers 62. Asphalt or cement batch plants Greater of: a. 1/ 5000 square feet (0 to 49,999 square feet) b. 10 plus 1/ 10,000 square feet over 50,000 (50,000 to 99,999 square feet) c. 15 plus 1/ 15,000 square feet over 100,000 (100,000 square feet or more) or 1/ employee 63. Agricultural practices 64. Telecommunication facilities Exempt from the parking requirements 65. Transit ground transportation 1 transit vehicle space per transit vehicle plus 1/ employee 66. Freight transportation arrangement 1/ employee 67. Self storage 1/ 6 storage units, maximum of 6 spaces 1. The Director may authorize parking for any use not specifically listed in this table. The applicant shall submit an analysis that identifies the parking needs, and a description of how the proposed use is similar to other uses permitted in the zone. The Director may require additional information, as needed, to document the parking needs of the proposed use. 2. There is no required parking ratio in the DDC zone per Section 3.07.07B.12. 3. See Tables 3.05C & E for minimum carpool/vanpool and electric vehicle parking and Table 3.05D for minimum bicycle parking. 4. In compliance with OAR [PHONE REDACTED](2)(e). ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.05 Page 187 ---PAGE BREAK--- Woodburn Development Ordinance Section 3.05 Page 188 Parking Space and Drive Aisle Dimensions Table 3.05B Parking Angle Type of Space Stall Width (feet) Curb Length (feet) Stripe Length (feet) Stall to Curb (feet) Drive Aisle Width (feet) 1-way 2-way A B C D E F G 0° (Parallel) Standard 9.0 22.0 8.0 8.0 12.0 20.0 Compact 8.0 20.0 7.5 7.5 Accessible/ADA 9.0 22.0 9.0 9.0 Accessible Aisle Part of the accessible route to a building ---PAGE BREAK--- Woodburn Development Ordinance Section 3.05 Page 189 Parking Space and Drive Aisle Dimensions Table 3.05B Parking Angle Type of Space Stall Width (feet) Curb Length (feet) Stripe Length (feet) Stall to Curb (feet) Drive Aisle Width (feet) 1-way 2-way A B C D E F G 30° Standard 9.0 18.0 34.6 17.3 12.0 24.0 8 Compact 7.5 15.0 28.0 14.0 Accessible/ADA 9.0 18.0 34.6 17.3 Car Accessible Aisle 6.0 12.0 29.4 14.7 Van Accessible Aisle 8.0 16.0 32.9 16.5 45° Standard 9.0 12.7 28 19.8 15.0 24.0 8 Compact 7.5 10.6 22.5 15.9 Accessible/ADA 9.0 12.7 28 19.8 Car Accessible Aisle 6.0 8.5 25.0 17.7 Van Accessible Aisle 8.0 11.3 27.0 19.1 60° Standard 9.0 10.4 24.2 21.0 18.0 24.0 8 Compact 7.5 8.7 19.3 16.7 15.0 Accessible/ADA 9.0 10.4 24.2 21.0 18.0 Car Accessible Aisle 6.0 6.9 22.5 19.5 Van Accessible Aisle 8.0 9.2 23.3 20.4 90° (Per- pendicu- l ) Standard 9.0 9.0 18.0 18.0 24.0 24.0 8 Compact 7.5 7.5 15.0 15.0 22.0 Car Accessible Aisle 6.0 6.0 18.0 18.0 24.0 Van Accessible Aisle 8.0 8.0 18.0 18.0 ---PAGE BREAK--- Woodburn Development Ordinance Section 3.05 Page 190 1. A parking space other than compact may occupy up to 1.5 feet of a landscaped area or walkway as measured from face of curb. Compact may occupy up to six inches. At least 4.5 feet clear width of a walkway must be maintained. 2. Space width is measured from the midpoint of the double stripe. 3. Curb or wheel stops shall be utilized to prevent vehicles from encroaching on abutting properties, rights-of-way, or wide walkways. 4. The access aisle must be located on the passenger side of the parking space, except that two adjacent parking spaces may share a common access aisle. 5. Where the angle of parking stalls differ across a drive aisle, the greater drive aisle width shall be provided. 6. In the context of residential development of other than multiple-family dwellings, parking space minimum dimensions shall be 8 feet wide by 18 feet long, including within a carport or garage. See also Section 3.05.03F.1. 7. The Oregon Fire Code (OFC) as administered by the independent Woodburn Fire District may cause drive aisle widths to exceed the minimum and maximums in this table. 8. Zoning Adjustment permissible. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.05 Page 191 Carpool/Vanpool Parking Table 3.05C Development or Use Description Stall Minimum Number or Percent 1. Non-residential development within commercial zoning districts Zero to 19 total minimum required off-street parking spaces n/a 20 to 33 total 1 stall 34 to 65 total 2 stalls 66 or more total 2 stalls or whichever is greater 2. Industrial zoning districts Zero to 19 total minimum required spaces n/a 20 to 29 total 1 stall 30 to 39 total 2 stalls 40 or more total 2 stalls or 5% of total spaces, whichever is greater 3. Public and Semi- Public (P/SP) zoning district Public elementary, middle, or high school 12 schools), community college, college, business school, and technical or trade school 1 2 stalls or 3% of total spaces, whichever is greater Other uses n/a 1. Standard applies even if the site is not zoned P/SP. 2. See Section 3.05.03H for carpool/vanpool (C/V) development standards. H. Carpool/vanpool (C/V) stalls shall meet the following standards: 1. Convenient locations: The distance from a stall, in whole or in part, shall be maximum 50 feet to a building perimeter walkway or, where there is no perimeter walkway, a building main or staff-only entrance. 2. Striping: Stripe each stall in lettering 1 ft high min “CARPOOL/VANPOOL” or similar. 3. Signage: Post at each stall a wall-mounted or pole-mounted sign for “Carpool/Vanpool” or similar. Each sign 1½ by 1 foot minimum with top of a posted sign between 5½ and 7 feet high max above vehicular grade. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.05 Page 192 Off-Street Bicycle Parking Table 3.05D Development or Use Description Stall Minimum Number, Percent, or Ratio 1. Residential development a. Multiple-family dwellings 1.1/ dwelling unit b. Dwellings other than multiple-family 1 or 2 dwellings n/a 3 or 4 dwellings 2 stalls total 2. Non-residential development within commercial zoning districts Whichever of the two rates is greater: 2 stalls or 15% of total minimum required parking spaces, whichever is greater; or 2 stalls or equal to 0.6/ 1,000 square feet GFA, whichever is greater. 3. Institutional Group home and group care facility 2 stalls or equal to 0.25/ bed, whichever is greater Nursing home 2 stalls or equal to 0.13/ bed, whichever is greater 4. Industrial zoning districts 2 stalls or 15%, whichever is greater 5. Public and Semi- Public (P/SP) zoning district Public elementary school 1 1/ classroom 2 Public middle or high school 1 2/ classroom 2 Other uses n/a 1. Standard applies even if the site is not zoned P/SP. 2. Each modular classroom counts as a classroom. 3. The Director may authorize off-street bicycle parking for any use that the Development or Use column does not clearly include. 4. See Section 3.05.06 for bicycle parking development standards. Electric Vehicle Parking ---PAGE BREAK--- Woodburn Development Ordinance Section 3.05 Page 193 Table 3.05E Development or Use Description Stall Minimum Number or Percent 1. Residential development a. Multiple-family dwellings Zero to 19 total minimum required spaces n/a 20 to 31 total 1 stall 32 to 39 total 2 stalls 40 or more total 2 stalls or 5% of total minimum required spaces, whichever is greater b. Dwellings other than multiple-family n/a 2. Non-residential development within commercial zoning districts Zero to 19 total minimum required spaces n/a 20 to 39 total 2 stalls 40 or more total 2 stalls or whichever is greater 3. Industrial zoning districts Zero to 19 total minimum required spaces n/a 20 to 39 total spaces 2 stalls 40 or more total spaces 2 stalls or whichever is greater 4. Public and Semi- Public (P/SP) zoning district Community college, college, business school, and technical or trade school 1 2 stalls or whichever is greater Other uses n/a 1. Standard applies even if the site is not zoned P/SP. 2. The Director may authorize EV parking for any use that the Development or Use column does not clearly include. 3. See Section 3.05.03I below for EV development standards. 4. Administrative note: As of January 2022, electrical permitting remains through the County instead of the City by agreement between the City and County. I. Electric vehicle (EV) includes both electric vehicle and plug-in hybrid vehicle, and EV parking stalls shall meet the following standards: 1. Convenient locations: The distance from a stall, in whole or in part, shall be maximum 50 feet to a building perimeter walkway or, where there is no walkway, a building main or staff-only entrance. 2. Charging level: minimum Level 2 (240 volt alternating current [AC] charging), or faster charging. 3. Striping: Stripe each stall in lettering 1 ft high min “ELECTRIC VEHICLE CHARGING” or similar and stencil of an EV image or logo. 4. Signage: Post at each stall a wall-mounted or pole-mounted sign for “Electric Vehicle ---PAGE BREAK--- Woodburn Development Ordinance Section 3.05 Page 194 Charging” or similar and include an EV image or logo. Each sign 1½ by 1 foot minimum with top of a posted sign between 5½ and 7 feet high max above vehicular grade. 5. Management/operations: The landowner or property manager shall keep EV stalls available for EVs and plug-in hybrid vehicles and keep conventional gasoline vehicles from parking in them, and in the context of multiple-family dwelling development: a. Priority users shall be tenants, and guests/visitors would be secondary. b. May charge EV stall users for the costs of charging an EV through a charging station, but shall not charge users for either simply parking an EV or plug-in hybrid vehicle in an EV stall or for leaving such a vehicle parked without actively charging, and shall charge to recoup costs to the landowner or property manager and not generate profit for the landowner or property manager. (This does not preclude the landowner or property manager contracting with a for-profit company to manage EV charging stations). c. Shall not charge any fee that discriminates among particular EV parking stalls based on the perception of some stalls being more convenient or otherwise desirable than others. It is anticipated but not required that the layout would be that each charging station would serve a pair of stalls. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.05 Page 195 Figure 3.05B - Parking Space and Aisle Dimensions Figure 3.05C - Parking Space Striping ---PAGE BREAK--- Woodburn Development Ordinance Section 3.05 Page 196 Figure 3.05D - Conceptual Illustration of Table 3.05B Parking Angles 3.05.04 Off-Street Loading & Unloading A. Standard: Loading and unloading for all multiple-family dwelling and non-residential development shall not encroach within the ROW of a street with a functional class designation higher than local. B. Administration: The Director may require a developer to submit a site plan sheet or sheets illustrating where and how loading and unloading would occur such that a development would meet subsection A above. C. Loading area and facility design provisions apply in the industrial zones (Section 3.07.10B.2). 3.05.05 Shared Parking A. Shared parking shall be allowed through a Zoning Adjustment, Design Review, Conditional Use, or Planned Unit Development. 1. Up to 20 percent of the required vehicle parking may be satisfied by joint use of the parking area for another use with the same peak hours; or 2. Up to 40 percent of the required vehicle parking may be satisfied by joint use of the parking area for another use with alternate peak hours; and 3. An additional amount of joint use parking, of up to 10 percent of the required vehicle parking, may be satisfied when the development is located along a transit service route with stops, pullouts, or shelters. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.05 Page 197 Note: This provision does not reduce the number of required off-street parking spaces, but allows a portion of the requirement to be satisfied by shared parking. The actual number of required off-street parking spaces may be reduced through a Zoning Adjustment or Variance. B. The following uses are considered as daytime uses for purposes of shared parking identified in this Section: banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing, shoe repair or service shops, manufacturing or wholesale buildings, and other similar primarily daytime uses, as determined through the Zoning Adjustment or Design Review. C. The following uses are considered as nighttime or weekend uses for purposes of shared parking identified in this Section: auditoriums incidental to a public or private school, houses of worship, bowling alleys, dance halls, theaters, drinking and eating establishments, and other similar primarily nighttime or weekend uses, as determined through the Zoning Adjustment or Design Review. D. Shared parking may be allowed if the following standards are met: 1. Future changes of use, such as expansion of a building or establishment of hours of operation which conflict with, or affect, a shared parking agreement, shall require review and authorization of a subsequent Design Review or Modification of Conditions. 2. Legal documentation, to the satisfaction of the Director, shall be submitted verifying shared parking between the separate developments. Shared parking agreements may include provisions covering maintenance, liability, hours of use, and cross-access easements. 3. The approved legal documentation shall be recorded by the applicant at the Marion County Recorder’s Office and a copy of the recorded document shall be submitted to the Director, prior to issuance of a building or other land use permit. E. Use of off-street parking by the City or other transit agency for park and ride does not require applying the shared parking provisions. F. Multiple-family dwellings: If the developer or property management company were to designate and mark a number of parking spaces as leasing office visitor parking, then the spaces shall be available for resident parking before and after office hours. A sign 1½ by 1 ft min shall note the range of hours when a space is limited to visitor parking, for example 10 a.m. to 6 p.m., and specify that it is available for resident parking outside the specified hours. (This provision applies regardless of whether Section 3.05.05A is relevant or not.) ---PAGE BREAK--- Woodburn Development Ordinance Section 3.05 Page 198 3.05.06 Bicycle Parking Standards A. Purpose: To implement Woodburn Comprehensive Plan policies. To ensure that developers design required bicycle parking so that people of various ages and abilities can access it and securely lock their bicycles without undue inconvenience, and that bicycle parking is in areas that are reasonably safeguarded from theft and accidental damage. To allow for a variety of bicycle types, including but not limited to standard bicycles, tricycles, hand cycles, tandems, electric motor assisted cycles and cargo bicycles. To have uch bicycle parking in weather protected facilities. To have bicycle parking located in publicly accessible, highly visible locations that serve the main entrance of a building. To have bicycle parking or signage leading to it visible to pedestrians and bicyclists from sidewalk. For residents of multiple-family dwellings, to have convenient parking available to induce cycling and through any of stairwell bottoms, large enough patio and balcony outdoor closets, closets or alcoves inside dwellings, and communal parking rooms, sheds, or open-air shelters. B. Applicability: Applies to total minimum required bicycle parking per Table 3.05D and any excess. C. Standards: Developers shall install parking in lockers or racks that meet the following: 1. Surface: The area devoted to bicycle parking shall be paved if outdoors or otherwise hard surfaced if enclosed or indoors. Outdoor pavement shall be asphalt, bricks, cobblestone rectangular pavers, concrete pavers, poured concrete, structurally supported fiber cement or wood planking, or combination. 2. Facility: Where bicycle parking is provided with racks, they shall meet the following: a. The rack shall be designed so that the bicycle frame and one wheel can be locked to a rigid portion of the rack with a U‐shaped shackle lock, when both wheels are left on the bicycle; b. If the rack is a horizontal rack, it shall support the bicycle at two points, including the frame; and c. The rack must be securely anchored with tamper‐resistant hardware. 3. Dimensions. Bicycle parking spaces, aisles and clearances shall be per Table 3.05G, which Figures 3.05E, F, & G illustrate. 4. Signage: If bicycle parking is not visible from sidewalk, wide walkway, or the main entrance of the building(s), a developer must install a permanent sign, minimum 1 by 1.5 feet, at the main entrance of each primary building indicating the location of bicycle parking. Figure 3.05H illustrates examples. 5. Proximity: A developer shall construct or install bicycle parking within maximum 50 feet of the main entrance and per Figures 3.05J-L. 6. Covered/sheltered: A developer shall cover or shelter from precipitation among the total required bicycle parking minimum 50 percent of any and all parking that is outdoors. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.05 Page 199 7. Multiple-family dwellings: In multiple-family dwelling development where buildings have no elevators, some of the bicycle parking that a developer may provide in stairwells and patio and balcony outdoor closets may count towards the total minimum required bicycle parking stalls. Specifically, all stall facilities in stairwells and patio outdoor closets may count, while 50 percent of stall facilities in balcony outdoor closets may count. A developer may provide a stall in an indoor closet or alcove of a dwelling if the space meets the minimum dimensions per Table 3.05G and includes a hook or rack meets the locking standards of above subsection 2 and is foldable or retractable. All patio physical separations from common area shall have a gate minimum 2 feet, 4 inches wide. 8. Plan review: The developer or contractor shall submit the following information with applications for any of land use or building permit review: a. Location; where not obvious, access route(s) to; and number of bicycle parking stalls; b. Notated dimensions of all stalls, aisles, maneuvering areas, and clearances; and c. If applicable, information adequate to illustrate the racks and stalls that meet a particular set of standards. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.05 Page 200 Bicycle Parking Stall Minimum Dimensions Table 3.05G Dimension Conventional Horizontal 1 (feet) Alternative (feet) 2 Horizontal as Wall- Attached 3 Vertical or Wall-Mounted 1, 4, 5 Length 6 6 3 ft, 4 inches Width 2 2 1 ft, 5 inches Height 3 ft, 4 inches 3 ft, 4 inches 6 Maneuvering width 7 5 5 5 Clearance 0.5 8 1 9 n/a 1. See Figure 3.05E. 2. The purpose of alternatives primarily is to allow multiple-family dwelling developments to include more easily a number of stalls through any of communal storage rooms and sheds and on building, freestanding, and trash and recycling enclosure walls. 3. See Figure 3.05F. 4. See Figure 3.05G. 5. Vertical or wall-mounted maximums: a. Where the total minimum required bicycle parking is fewer than 4 stalls, vertical and wall- mounted stalls are prohibited. b. Where the total minimum required bicycle parking is 4 or more stalls, of the subtotal that is outside a building, maximum 50 percent may be vertical stalls. 6. See Figure 3.05H. 7. Sidewalk: Where a bicycle parking stall is adjacent to a sidewalk, off-street bicycle/pedestrian facility, walkway, or access way, the maneuvering area may overlap it. 8. Measured to stall length or width boundary. 9. Measured to centerline of outermost bar of facility. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.05 Page 201 Figure 3.05E – Bicycle Parking Stall Minimum Dimensions Figure 3.05F – Horizontal as Wall-Attached Stalls Figure 3.05G – Vertical or Wall-Mounted Stalls ---PAGE BREAK--- Woodburn Development Ordinance Section 3.05 Page 202 Figure 3.05H – Bicycle Parking Signage Examples Figure 3.05J – Bicycle Parking Proximity: One Building, One Entrance ---PAGE BREAK--- Woodburn Development Ordinance Section 3.05 Page 203 Figure 3.05K – Bicycle Parking Proximity: One Building, Multiple Entrances Figure 3.05L – Bicycle Parking Proximity: Multiple Buildings, Multiple Entrances ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 204 3.06 Landscaping The purpose of this Section is to identify the requirements for street landscape strips, street trees, on-site landscaping, and tree preservation and removal. Landscaping enhances the beauty of the City, provides shade and temperature moderation, mitigates some forms of air and water pollution, reduces erosion, promotes stormwater infiltration, and reduces peak storm flows. 3.06.01 Applicability 3.06.02 General Requirements 3.06.03 Landscaping Standards 3.06.04 Plant Unit Value 3.06.05 Screening 3.06.06 Architectural Walls 3.06.07 Significant Tree Preservation & Removal 3.06.08 Tree Protection During Construction 3.06.01 Applicability The provisions of this Section shall apply: A. To the site area for all new or expanded multiple-family dwelling and non-residential development, parking and storage areas for equipment, materials and vehicles. B. Dwellings other than multiple-family need comply only with the street tree and significant tree provisions of this Section. 3.06.02 General Requirements A. Building plans for all uses subject to landscaping requirements shall be accompanied by landscaping and irrigation plans. B. All required landscaped areas shall be irrigated unless it is documented that the proposed landscaping does not require irrigation. C. All shrubs and ground cover shall be of a size upon installation so as to attain 80% of ground coverage within 3 years. D. Installation of plant materials and irrigation specified in an approved landscaping plan shall occur at the time of development and shall be a condition of final occupancy. Should site conditions make installation impractical, an acceptable performance guarantee may be approved, subject the requirements of this Ordinance (Section 4.02.08). E. The property owner shall be responsible for maintaining all landscaping, fences, and walls in good condition, so as to present a healthy and orderly appearance. Unhealthy and dead plants shall be removed and replaced, in conformance with the original landscape plan. F. The required number of plant units shall be met by a combination of plant materials listed in this Ordinance (Table 3.06B). ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 205 G. Required plant units need not be allocated uniformly throughout specified landscaping areas, but may be grouped for visual effect. H. Landscaped areas that are not covered by plant materials shall be covered by a layer of bark mulch or decorative rock, a minimum of two inches in depth. I. A minimum 4 inch high and wide concrete curb shall be provided between landscaped areas and parking and circulation areas. J. Plant materials shall be appropriate to the climate and environment of Woodburn. Inclusion of plants identified in “Suggested Plant Lists for Required Landscaping”, published by the Portland Bureau of Development Services, can be used to meet this standard. A landscape architect, certified arborist or nursery person may also attest to plant appropriateness. K. Prohibited trees identified by this ordinance (Table 3.06C) do not count towards required landscaping. 3.06.03 Landscaping Standards A. Street Trees The purpose of the street tree provisions is to get and preserve street trees, to shade those walking and provide them protection from passing vehicles, to calm those driving, to help spatially define streets through canopy, to absorb stormwater and pollutants, to reduce the urban heat island effect, and to raise value of adjacent property. Within the public street right-of-way abutting a development, street trees shall be planted to City standards, prior to final occupancy or earlier if conditioned. 1. A number of trees equal to one tree per every 30 feet of street frontage within a block face, shall be planted within the right-of-way. 2. Street trees shall be planted according to the Boundary Street classification per the Transportation System Plan: a. Large trees shall be planted along Major and Minor Arterial streets. Regardless of street classification, a developer shall plant large trees also along all streets that either are in the Neighborhood Conservation Overlay District (NCOD) or are boulevards, and for boulevards also in the medians; b. Medium trees shall be planted along Service Collector and Access/Commercial Streets; c. Small trees shall be planted along all other streets. Refer to Table 3.06B below for the definition of size categories at maturity. 3. Root barriers: The developer shall install root barriers per the public works construction code. 4. Fee in-lieu: Per Section 4.02.12. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 206 B. Site landscaping shall comply with Table 3.06A. Planting Requirements Table 3.06A Location Planting Density, Minimum Area to be Landscaped, Minimum 1. Setbacks abutting a street 1 PU/15 square feet Entire setback excluding driveways 2. Buffer yards 1 PU/20 square feet Entire yard excluding off-street parking and loading areas abutting a wall 3. Other yards 1 PU/50 square feet Entire yard, excluding areas subject to more intensive landscaping requirements and off-street parking and loading areas 4. Off-street parking and loading areas • 1 small tree per 10 parking spaces; or 1 • 1 medium tree per 15 parking spaces; or 1 • 1 large tree per 25 parking spaces 1 and 1 PU/20 square feet excluding required trees 2 • RS, R1S, RSN, RM, RMN, P/SP, CO, CG and MUV zones: 20% of the paved surface area for off- street parking, loading and circulation • DDC, NNC, IP, IL, and SWIR zones: 10% of the paved surface area for off-street parking, loading and circulation • Landscaping shall be within or immediately adjacent to paved areas 5. Common areas, except those approved as natural common areas in a PUD 3 PU/50 square feet Entire common area 1. Trees shall be located within off-street parking facilities, in proportion to the distribution of the parking spaces. 2. Required landscaping within a setback abutting a street or an interior lot line that is within 20 feet of parking, loading and circulation facilities may also be counted in calculating landscaping for off-street parking, loading and circulation areas. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 207 C. Parking area landscape island standards: Landscape islands or peninsulas shall cap each aisle end to protect parked vehicles from moving vehicles, emphasize vehicular circulation patterns, and shade vehicles and pedestrians. Structured parking is exempted. 1. Each south, southwest, and west island or peninsula cap of a parking aisle shall be minimum 84 square feet within back of curbing, narrowest dimension 6 feet within back of curbing, and contain a tree. 2. Remaining islands and peninsulas shall be minimum 28 square feet within back of curbing and narrowest 2 feet within back of curbing, except where subsection 3 below supersedes. 3. There shall be no more than 10 consecutive parking spaces in a parking aisle without a mid-aisle landscape island or peninsula. For consecutive parking spaces that include one or more accessible/ADA spaces and their aisles, the maximum shall be 9 consecutive parking spaces. Mid-aisle landscape islands or peninsulas shall be to the same standards as subsection 1 above. 4. At drive aisle crossings of walkways and wide walkways that respectively Sections 3.04.06D and 3.05.02N describe, each south, southwest, and west side shall have a landscape island or peninsula to the same standards as subsection 1 above. 3.06.04 Plant Unit Value Plant Unit (PU) Value Table 3.06B Material Plant Unit (PU) Value Minimum Size 1. Significant tree 1 15 PU each 24” Diameter 2. Large tree (60-120 feet high at maturity) 1 10 PU each 10’ Height or 2” Caliper 3. Medium tree (40-60 feet high at maturity 1 8 PU each 10’ Height or 2” Caliper 4. Small tree (18-40 feet high at maturity) 1 S4 SPU each 10’ Height or 2” Caliper ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 208 Plant Unit (PU) Value Table 3.06B Material Plant Unit (PU) Value Minimum Size 5. Large shrub (at maturity over 4’ wide x 4’ high) 1 2 PU each 3 gallon or balled 6. Small to medium shrub (at maturity maximum 4’ wide x 4’ high) 1 1 PU each 1 gallon 7. Lawn or other living ground cover 1 1 PU / 50 square feet 8. Berm 2 1 PU / 20 lineal feet Minimum 2 feet high 9. Ornamental fence 2 1 PU / 20 lineal feet 2½ - 4 feet high 10. Boulder 2 1 PU each Minimum 2 feet high 11. Sundial, obelisk, gnomon, or gazing ball 2 2 PU each Minimum 3 feet high 12. Fountain 2 3 PU each Minimum 3 feet high 13. Bench or chair 2 0.5 PU / lineal foot 14. Raised planting bed constructed of brick, stone or similar material except CMU 2 0.5 PU / lineal foot of greatest dimension Minimum 1 foot high, minimum 1 foot wide in least interior dimension 15. Water feature incorporating stormwater detention 2 2 per 50 square feet None 1. Existing vegetation that is retained has the same plant unit value as planted vegetation. 2. No more than twenty percent (20%) of the required plant units may be satisfied by items in lines 8 through 15. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 209 Prohibited Street Trees Table 3.06C 1 Common Name Scientific Name Negative Attributes Almira Norway Maple Acer platanoides “Almira” Sidewalk damage Box Elder Acer negundo Weak wood, sidewalk damage Catalpas Catalpa Species Significant litter (hard fruit 12" or more as elongated pod) Desert, or Velvet, Ash Fraxinus velutina Susceptible to bores, crotch breakage, significant litter Douglas Fir Pseudotsuga menziesii Not as street tree Elms Ulmus Species Susceptible to Dutch Elm disease European Ash Fraxinus excelsior Disease susceptible, significant litter Fruit bearing trees Not appropriate due to fruit Ginko, or Maidenhair, Tree Ginko biloba Disgusting odor from squashed fruit when female near male Green Ash Fraxinus Susceptible to insects and disease, crotch breakage, significant litter Hackberry or Sugarberry Celtis Species Significant litter (fleshy fruit) Hickory, Pecan Carya Species Significant litter (hard fruit) Holly Ilex Species Sight obstruction (evergreen, low foliage) Horse Chestnut Aesculus hippocastanum Significant litter (inedible nut) Lavalle Hawthorne Crategus lavellei Hazardous (thorns on trunk and branches) Lilac Syringa Species Sight obstruction (low foliage), pollen allergies Oak Quercus Species Significant litter (hard fruit) Pines Pinus Species Sight obstruction (evergreen, low foliage) Poplar, Cottonwood Poplus Species Brittle, significant litter Profusion Crab Apple Malus “Sargent” Significant litter (fleshy fruit) Silver Maple Acer saccaharinum Sidewalk damage, root invasion into pipes Spruces Picea Species Sight obstruction (evergreen, low foliage) Sweetgum Liquidambar styruciflua Significant litter (hard fruit) Thundercloud Plum Prunus “Thundercloud” Significant litter (fleshy fruit) Tree of Heaven Ailanthus altissima Sidewalk damage Walnuts Juglans Species Significant litter (hard fruit) Willow Salix Species Root invasion into pipes Winter Crab Apple Malus “Winter Gold” Significant litter (fleshy fruit) 1. Prohibition applies to trees to be planted within ROW and within 10 feet of ROW. 2. The Public Works Director in writing may supersede a prohibition. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 210 3.06.05 Screening A. Screening between zones and uses shall comply with Table 3.06D. Screening Requirements Table 3.06D N = No screening required F = Sight-obscuring fence required W = Architectural wall required D = Architectural wall, fence, or hedge may be required in the Design Review process Adjacent properties – zone or use that receives the benefit of screening RS, R1S, or RSN zone RM or RMN zone DDC or NNC zone CO zone CG or MUV zone IP, IL, or SWIR zone P/SP zone Same label as Row 9 Multiple-family dwelling, child care facility, group home or nursing home 5, 8 Nonresidential use in a residential zone Manufactured dwelling park Property being Developed – must provide screening if no comparable screening exists on abutting protected property 1. RS, R1S, or RSN zone N N N N N N N N N N N 2. RM or RMN zone W2 D W2 D W2 W2 D W2 D N W2 3. DDC or NNC zone N N N N N N N N N N N 4. Nonresidential use in CO zone W2 W2 W2 N W2 W2 N W2 D N W2 5. CG or MUV zone W2 W2 D D D D D W2 W2 D W2 6. Outdoor storage in CG or MUV zone W1, 3 W1, 3 W1,3 W1, 3 W1, 3 W1, 3 W1, 3 W1,3 W1,3 W1,3 W1,3 7. IP, IL, or SWIR zone W3 W3 D W3 D D D W3 W3 W3 W3 8. P/SP zone Permitted use D D N N N N N D D N D Conditional use D D D D D D D D D D D 9. Dwelling other than multiple- family; child care facility, or group home 7 N7 N7 N7 N7 N7 N7 N7 N7 N7 N7 N7 10. Multiple-family dwelling, child care facility, group home or nursing home W2, 5, 8 D W2,5, 8 D W2, 5, 8 W2, 5, 8 W2, 5, 8 W2,5, 8 D D W2,5, 8 11. Nonresidential use in a residential zone W2 W2 D D D D D W2 W2 D W2 12. Manufactured dwelling park W2 W2 W2 W2 W2 W2 W2 W2 W2 W2 D 13. Boat, recreational, and vehicle storage pad, if within 10 feet of a property line F2 F2 F2 F2 F2 N F2 F2 F2 F2 F2 ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 211 14. Common boat, recreational, and vehicle storage area W2, 4 W2, 4 W2,4 W2, 4 W2, 4 D W2, 4 W2,4 W2,4 W2,4 W2,4 ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 212 Screening Requirements Table 3.06D N = No screening required F = Sight-obscuring fence required W = Architectural wall required D = Architectural wall, fence, or hedge may be required in the Design Review process Adjacent properties – zone or use that receives the benefit of screening RS, R1S, or RSN zone RM or RMN zone DDC or NNC zone CO zone CG or MUV zone IP, IL, or SWIR zone P/SP zone Single-family dwelling, duplex, child care facility or group home 7 Multiple-family dwelling, child care facility, group home or nursing home 5, 8 Nonresidential use in a residential zone Manufactured dwelling park Property being Developed – must provide screening if no comparable screening exists on abutting protected property 15. Refuse and recycling collection facilities except for single-family dwelling, duplex, child care facility, or group h W2, 6,7 W2, 6,7 W2,6, 7 W2, 6,7 W2, 6,7 W2, 6,7 W2, 6,7 W2,6,7 W2,6,7 W2,6,7 W2,6,7 1. Screening is only required from the view of abutting streets, parking lots, and residentially zoned property. Storage shall not exceed the height of the screening. 2. Six to seven feet in height 3. Six to nine feet in height 4. Abutting streets must also be screened. 5. Screening is required abutting multiple-family dwellings, commercial or industrial uses only. 6. In industrial zones, screening is required only where the refuse collection facility is in a yard abutting a public street, parking lot, or residentially zoned property. 7. Child care facility for 12 or fewer children, group home for five or fewer persons. 8. Child care facility for 13 or more children, group home for six or more persons. General notes: 9. Screening is subject to height limitations for Vision Clearance Areas (Section 3.03.06) and adjacent to streets (Section 2.01.02). 10. No screening is required where a building wall abuts a property line. 11. Where a wall is required and is located more than two feet from the property line, the yard areas on the exterior of the wall shall be landscaped to a density of one plant unit per 20 square feet. B. All parking areas, except those for single-family dwellings and dwellings other than multiple-family, abutting a street shall provide a 42-inch (3.5-foot) vertical visual screen from the abutting street grade. Acceptable design techniques to provide the screening include plant materials, berms, architectural walls, and depressed grade for the parking area. All screening shall comply with the clear vision standards of this ordinance (Section 3.03.06). ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 213 3.06.06 Architectural Walls A. This Section shall apply to required architectural walls. B. Design Standards and Guidelines 1. An architectural wall shall meet the texture, color, and articulation requirements on the face away from the proposed development. 2. An architectural wall should meet the texture, color, and articulation requirements on the face toward the proposed development. 3. An architectural wall shall have a minimum three inch horizontal articulation of at least one linear foot of the wall of intervals not more than 40 feet; and 4. An architectural wall shall have a minimum six inch vertical articulation of at least one linear foot of the wall of intervals not more than 40 feet. 5. An architectural wall shall incorporate at least two colors. 6. An architectural wall shall have an earth tone coloration other than grey on at least eighty percent (80%) of the surface. 7. An architectural wall shall be architecturally treated with scoring, texture, or pattern on at least eighty percent (80%) of the surface. C. Retaining walls should/shall meet the texture and color requirements of architectural walls in or abutting residential districts, where the texture and color requirements apply to the visible face of the retaining wall. D. For multiple-family dwelling development, each refuse and recycling collection facility shall have a pedestrian opening minimum 3 feet, 4 inches wide in addition to the truck gates. If the pedestrian opening is gated, the gate shall swing inward. 3.06.07 Significant Tree Preservation & Removal A. Purpose: The purposes of this section are to: 1. Preserve significant trees as landmarks and for wayfinding; 2. Preserve tree canopy better within city limits and unincorporated territory that is the subject property of an annexation application; 3. Shade; 4. Ensure suitable tree replacement or funding of such when applicants remove trees; 5. Enhance neighborhoods by creating a sense of character and permanence; 6. Reduce urban heat island effect; 7. Retard soil erosion; 8. By requiring a permit process, increase the likelihood of persons removing trees that they or their contractors will do so safely; 9. Absorb stormwater and pollutants; 10. Maintain or raise value of property; ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 214 11. Distinguish between the contexts of existing development and new development or redevelopment; 12. Allow continued reasonable economic use of property; 13. Establish processes and standards that minimize injury or death of significant trees; and 14. Enhance the beauty of the city. B. Applicability: 1. Removal or preservation of any Significant Tree on private property, which is defined in Chapter 1.02 under “Tree, Significant”. Applicability extends to unincorporated territory that is the subject property of an Annexation application. 2. Exemptions: a. Invasive species that Table 3.06E lists. (A merely non-native species is not necessarily invasive.) b. Trees grown as product in a commercial orchard, timber forest, or tree farm. c. In the context of new development or redevelopment, trees within to-be-widened Boundary Street ROW, new street ROW, or per Section 3.01.05F a future street corridor are exempt provided that the trees are not within where a landscape strip would be per the applicable street cross section in Chapter 3.01 or a land use condition of approval. However, even if exemption is applicable, a removal fee or fees remain applicable, the City may still apply a land use condition of approval that requires preservation of one or more ROW trees, and regarding future street corridors in particular, removal shall not occur until construction of public improvements within such corridors necessitates it. C. Application type: Significant Tree Removal Permit per Section 5.01.11. Any of the following land use applications may substitute if necessary anyway and the Director uses it to administer the Significant Tree preservation and removal provisions: Conditional Use, Design Review, Planned Unit Development, Preliminary Partition or Subdivision, Riparian Corridor and Wetlands Overlay District (RCWOD) Permit, Variance, and Zoning Adjustment. Neither Grading Permit approval nor building demolition permit issuance constitute approval to remove trees. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 215 D. General standards: 1. Arborist's report: The applicant submitted an arborist’s report by a certified arborist for the tree or trees proposed for removal that is: a. Dated and identifies and provides contact information for the applicant, and if different, the arborist, and the arborist’s certification number; b. Identifies the street address or addresses of the subject property, or if none, stating such and the County tax lot number(s); c. Addresses the WDO tree removal and preservation provisions, with an applicant’s narrative able to substitute for this part of a report; d. Specifies the date or dates of inspection; e. Includes or attaches a site plan, tree plan, land survey, or other scaled drawing plotting the tree or trees at their exact locations relative to property lines and existing development, with the Director authorized to require the applicant to submit a land survey, and circling and noting the radius of each root protection zone, which Chapter 1.02 defines; f. Assigns a unique identification code or number to each tree, with the included or attached plan or drawing also doing so; g. Identifies species by both common and taxonomic names; h. Identifies whether a species is deciduous or coniferous/evergreen; i. Quantifies diameter(s) at breast height (DBH); j. Describes health and structural conditions; k. Indicates the arborist’s opinion and recommendation regarding both preservation and potential removal; l. Includes minimum two inspection photos per tree; m. Proposes how to mitigate in conformance with WDO Section 3.06.07D.2 below; and n. Where preservation is relevant, indicates whether an applicant or contractor intends to go by the prescriptive or discretionary standards of tree protection during construction per Section 3.06.08C. The Director may require a second arborist’s opinion. 2. Mitigation: If the City approves removal of all or a number of the trees, mitigation shall be at minimum per tree per the below. (Chapter 1.02 defines Significant Tree classes.) a. Class S: Payment of a removal fee plus either mitigation planting of minimum 1 tree or payment of a fee in lieu of tree planting. (Section 4.02.12 addresses fees in-lieu.) b. Class T: Payment of a removal fee plus either mitigation planting of minimum 2 trees or payment of a fee in lieu of one or both of the tree plantings. (Section 4.02.12 addresses fees in-lieu.) c. Species and minimum size at planting: Per Tables 3.06B & C. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 216 In the context of new development or redevelopment, mitigation trees credit towards the minimum landscaping requirements of Chapter 3.06 at large. 3. Protection: In the context of new development or redevelopment, tree protection during construction shall be per Section 3.06.08. 4. Injury: Hatracking, excessive pruning, or other fatal injury or killing of a Significant Tree that precludes the applicability of tree preservation standards is prohibited. (Chapter 1.02 defines hatracking.) 5. RCWOD: If and where the Riparian Corridor and Wetlands Overlay District is applicable and if and where Sections 2.05.05 and 3.06.07 conflict, the more stringent provision of a section shall supersede. 6. Fees: Fees are per applicable City ordinances, resolutions, and administrative fee schedules. 7. Plan review: The applicant, developer, or contractor shall submit with applications for any of Tree Removal Permit, land use, and building permit reviews information as the Director determines necessary to administer tree preservation and removal standards. Significant Tree Preservation & Removal: Exemption of Invasive Species Table 3.06E 1 Common Name Taxonomic Name 1. Cutleaf birch Betula pendula 2. Sweet cherry Prunus avium 3. Horse chestnut Aesculus hippocastanum 4. Golden chain tree Laburnum watereri 5. English hawthorn Crataegus monogyna 6. English holly Ilex aquifolium 7. English laurel Prunus laurocerasus 8. Black locust Robinia pseudoacacia 9. Norway maple Acer platanoides 10. Sycamore maple Acer pseudoplatanus 11. White poplar Populus alba 12. Empress/Princess tree Paulownia tomentosa 13. Tree-of-heaven Ailanthus altissima 1. The table is based on the City of Portland Bureau of Planning and Sustainability (BPS) “nuisance” plant list within the June 2016 Portland Plant List, Section 4, Ranks A-C. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 217 Significant Tree Preservation & Removal: Tiers of Standards Table 3.06T 1 Development or Use Section 3.06.07 Tier of Standards 1. Existing development a. Single-family or manufactured dwelling on individual lot that is residentially zoned Tier 1 (T1) b. Undeveloped lot for which there is no land use final decision that conditions tree preservation and removal, no land use application for annexation and/or development, or no building permit application for development Tier 2 (T2) c. Any other existing development or use; 2. New development a. Infill/minor: Net total 1 to 4 dwellings on a lot with no land division involved Tier 3 (T3) b. Greenfield/major residential: Multiple-family dwellings; any number of dwellings involving land division Tier 4 (T4) c. Greenfield/major other: Any other new development or use, including mixed uses 1. Annexation with no new development: See instead Section 3.06.07J. 2. Where it would be unclear what tier would be applicable, the Director may determine. E. Tier 1 Standards: Where T1 is applicable per Table 3.06T: 1. Removal criteria: The subject tree or trees are any of: a. Dead, terminally diseased, or otherwise dying. b. Posing danger or hazard of: collapse or fall, fall of a branch or branches, or fall of hard fruits onto persons outdoors, existing buildings, or one or more motor vehicles parked in a driveway that conforms with Section 3.04.04 and, where applicable, Section 3.05.02D.3. c. Rupturing underground potable water or sanitary sewer pipe or breach of existing building foundation and per the following provisions: Pipe report: For rupturing, a qualified professional evaluates the site and through a pipe report determines that there is a serious problem and recommends necessary corrective action more than pipe repair, pipe re- routing, or root barrier installation could provide and which would result in removal of the tree(s). An arborist’s report that conforms to this subsection serves as a pipe report. The Director may allow submittal of documentation as an alternative to an arborist’s report or pipe report and on what terms. Foundation report: For breach, a qualified professional, such as a structural engineer, evaluates the site and through a foundation report determines that there is a serious structural problem and recommends necessary corrective action more than pruning could provide and which would result in removal of the tree(s). An arborist’s report that conforms to this subsection serves as a foundation report. The Director may allow submittal ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 218 of documentation as an alternative to an arborist’s report or foundation report and on what terms. Regarding breach, and absent a foundation report: A crack or cracks are within a foundation that is either at a crawl space or part of a slab-on-stem wall, which is a slab with footings around the perimeter of the foundation. A foundation being non-structural precludes the criterion. Water seeping through the crack or cracks is a factor in support of the criterion. That the perimeter of the trunk or trunks closest to the foundation at diameter at breast height (DBH) are either 10 feet from the foundation or closer is a factor in support of the criterion. That roof gutters and downspouts above or at the foundation have been clogged and in poor condition are a factor against the criterion. 2. Exception: As a T1 exception to the general standard, an arborist’s report is not required; however, to administer mitigation the Director may require an applicant to submit documented proof of DBH measurement. 3. Emergency: A tree or trees that force majeure, especially a natural disaster, makes dangerous or hazardous to persons or existing buildings may be removed prior to issuance of a Tree Removal Permit if an emergency exists and a City Council emergency ordinance recognizes it or absent such ordinance, the Director recognizes it based on information to the satisfaction of the Director from the person who would remove or cause removal of the tree(s). F. Tier 2 Standards: Same as T1. G. Tier 3 Standards: 1. Removal criteria: Same as T1, with the limits that for a building for which the City has issued a demolition permit, the part of removal criterion about existing buildings as well as removal criterion about breach of building foundation would no longer be applicable. 2. Preservation: Development shall preserve at least 33.3 percent of all Significant Trees that do not meet removal criteria, rounding any fraction less than 1.0 up to 1. Mitigation remains required for the remaining percent. 3. Deviation: Zoning Adjustment permissible for the preservation standards. H. Tier 4 Standards: 1. Removal criteria: Same as T1. 2. Preservation: Development shall preserve at least 50.0 percent of all Significant Trees that do not meet removal criteria, rounding any fraction less than 1.0 up to 1. Mitigation remains required for the remaining percent. 3. Deviation: Zoning Adjustment permissible for the preservation standards. I. [Reserved.] ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 219 J. Annexation Standards: 1. Applicability: a. Territory that is the subject property of an annexation application; b. The annexation application does not come with additional land use application types or a building permit application that would allow for new development of the subject property upon annexation; and c. Any of that the applicant requests to remove trees from the territory, that field conditions are apparent that the applicant attempts removal, or that the application is silent on the matter of tree removal and preservation. 2. Removal criteria: Upon annexation application, tree removal is prohibited from the territory to be annexed until the applicant meets this Section 3.06.07. Any applicable exemption per 3.06.07B.2 remains applicable. If tree removal is proposed or attempted, the criteria would be the same as T1. 3. Preservation: Development shall preserve all Significant Trees that do not meet removal criteria, rounding any fraction less than 1.0 up to 1. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 220 3.06.08 Tree Protection During Construction A. Purpose: To reduce harm by construction; keep foliage crown, branch structure and trunk clear from direct strike and injury by equipment, materials or disturbances; to preserve roots and soil in an intact and non-compacted state; to visibly identify the root protection zone in which no soil disturbance is permitted and other activities are restricted; and to lessen injury or death from ignorant or careless acts. B. Applicability: To any tree that Section 3.06.07 requires to be preserved. Proposed tree protection shall meet the requirements of subsection C below, except that the Director may approve alternate protection methods. C. Protection methods: The site or tree plan shall demonstrate that the contractor will adequately protect trees to be preserved during construction using one of the methods described below: 1. Prescriptive Standards: a. RPZ encroachment: The root protection zone (RPZ) is defined and illustrated by example in Chapter 1.02. Encroachments into each RPZ that exist prior to new development or redevelopment, including buildings, other structures, pavement and utilities, may remain. New encroachments into the RPZ are permissible if: The total area of all new encroachments is less than 25.0 percent of the remaining RPZ area when existing encroachments are subtracted; and No new encroachment is closer than half the required radius distance. See Figure 3.06A below. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 221 Figure 3.06A – Permissible RPZ Encroachments Example b. Protective construction fencing: Protective construction fencing consisting of a minimum 6-foot high metal chain link construction fence, secured with 2-foot metal posts shall be established at the edge of the RPZ and permissible encroachment area. (See Figure 3.06B below.) Substitution with high-density polyethylene (HDPE) or other rolled or soft plastic construction fencing is prohibited. Any of existing building, other structures, and existing secured and stiff fencing at least 3.5 feet tall above grade can serve as protective fencing. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 222 Figure 3.06B – Protective Construction Fence Panel Example When a root protection zone extends beyond the development site, protection fencing is not required to extend beyond the development site. Existing structures and/or existing secured fencing at least 3.5 feet tall can serve as the required protective fencing. c. Installation: The contractor shall install the protective construction fencing before either any ground disturbing activities including clearing and grading or the start of construction and shall remain in place until final inspection by Community Development Department staff. d. Prohibition: The following is prohibited within any RPZ: ground disturbance or construction activity including vehicle or equipment access, excluding access over existing streets or driveways; storage of equipment or materials including soil; temporary or permanent stockpiling; new buildings; new impervious surface; underground utilities; excavation or fill; and trenching or other construction activity. e. Plan review: The applicant or contractor shall submit with applications for any of Tree Removal Permit review, civil engineering plan review (led by the Public Works Department Engineering Division), grading permit review, or building permit review information as the Director determines necessary to administer standards for tree preservation and protection during construction, including a drawing or drawings necessary to constitute a tree preservation and protection plan. f. Sign posting: On each fenced enclosure, the applicant or contractor shall affix, mount, or post signage as follows: Timing: From erection of protective construction fencing to passing of building permit final inspection. (Where construction is phased with Building Division approval, passing final inspection would be for the whole of the construction phase that contains the one or more fenced enclosures.) Size: Sign face area minimum 18 by 24 inches. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 223 Sign face copy: Background white, orange, amber (orangish yellow), or chartreuse (greenish yellow). Text minimum 2 inches tall. The default text is, “Tree preservation area: No construction staging or storage”, with administrative allowance for deviation per the Director. Include a Spanish translation (in italics). The Director may establish and require conformance with a sign face template and may require a detail of such template on a plan sheet. Weatherization: Lamination, enclosure within clear plastic sleeve, or printing on plastic fiberboard. Number: Minimum 1 per tree, that is, where a fenced enclosure has two or more trees, that enclosure requires two or more signs. Orientation: The sign shall face towards where construction workers and their vehicles would come when approaching the fencing. Where a fenced enclosure has two or more signs, the second and any additional signs may be spaced out along the enclosure. Sign top placed minimum height 5 feet above fence bottom. Certification of posting: Upon posting, and if there is such a form, complete and submit to the Community Development Department a certification form that each fence location has been properly posted, attaching any additional documentation that the form requires. 2. Arborist’s Discretionary Standards: When the above subsection 1 prescriptive standards are infeasible, the Director may approve alternative measures, provided that the applicant and/or contractor meet the following standards: a. The alternative RPZ is prepared by an arborist who has inspected the site and examined for each subject tree the diameter at breast height (DBH), location, and extent of root cover, evaluated for each the tolerance to construction impact based on its species and health, identified any past impacts within the root zone, and submitted a report to the Director. Such may be incorporated by revision into the arborist’s report that Section 3.06.07 required or may be a supplement to that original submitted report. b. The arborist prepared and submitted a plan providing the rationale used to demonstrate that the alternate method provides an adequate level of protection based on the findings from the site inspection. c. If the alternative methods require that the arborist be on site during construction, the applicant or contractor shall submit a copy of the arborist contract for those services prior to issuance of a Tree Removal or building permit, and a final report from the arborist documenting the inspections and verifying the viability of the tree or trees prior to final inspection by Community Development Department staff; d. If the alternative tree protection method involves alternative construction techniques, the applicant or contractor shall submit an explanation of the techniques and materials used in terms a layperson can understand. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 224 e. The applicant or contractor shall submit a site plan sheet or sheets constituting a tree preservation and protection plan, and it shall include arborist contact information. Either the arborist shall sign the plan or the plan shall come with a document that identifies specifically the plan sheet number or numbers it accompanies and contains the affirmation or endorsement of the arborist. D. Changes to tree protection during construction: The Director may approve contractor changes to the tree protection measures during construction as a revision to a permit provided that the change does not result from unapproved, negligent, or ignorant encroachment into any RPZ, the contractor demonstrates continuing to meet tree preservation and protection standards, and the contractor completes whatever process the Building Division establishes for revision of an issued building permit where such permit type is relevant to the situation. When unapproved or negligent encroachment occurs, the City may pursue an enforcement action or other remedy per any of the WDO, other City ordinances such as Ordinance No. 2592 (August 9, 2021 or as amended), resolutions, or administrative policy. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.06 Page 225 This page is intentionally left blank to facilitate section formatting for printing and binding with each chapter starting on an odd-numbered page so that staff can insert in a binder to follow divider tabs. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 226 3.07 Architectural Design The purpose of this Section is to set forth the standards and guidelines relating to the architectural design of buildings in Woodburn. Design standards can promote aesthetically pleasing architecture, increase property values, visually integrate neighborhoods, and enhance the quiet enjoyment of private property. 3.07.01 Applicability of Architectural Design Standards and Guidelines 3.07.02 Single Family, Manufactured Dwellings, & Dwellings Other Than Multiple-Family (“Middle Housing”) on Individual Lots 3.07.03 [Struck] 3.07.04 Dwellings in the Neighborhood Conservation Overlay District (NCOD) 3.07.05 Standards for Medium Density Residential Buildings 3.07.06 Standards for Non-Residential Structures in Residential, Commercial and Public/Semi Public Zones 3.07.07 Downtown Development and Conservation Zone 3.07.08 Mixed Use Village Zone 3.07.09 Nodal Neighborhood Commercial Zone 3.07.10 Industrial Zones 3.07.01 Applicability of Architectural Design Standards and Guidelines A. For a Type I review, the criteria of this Section shall be read as “shall” and shall be applied as standards. For a Type II or III review, the criteria of this Section shall be read as “should” and shall be applied as guidelines. B. The following are exempt from the provisions of this Section: 1. Any single-family, duplex, or manufactured dwelling that existed prior to October, 2005, except such dwellings located within the Neighborhood Conservation Overlay District (NCOD). 2. New dwellings in Manufactured Dwelling Parks containing more than three acres. 3.07.02 Single-Family Dwellings, Manufactured Dwellings, & Dwellings Other Than Multiple-Family (“Middle Housing”) on Individual Lots A. Applicability This Section shall apply to all new single-family dwellings, dwellings other than multiple- family, and manufactured dwellings on individual lots. It shall apply also to subdivisions and Planned Unit Developments approved on or before August 12, 2013. Manufactured dwellings have different standards for roofing; otherwise, all standards in this Section apply to manufactured dwellings. B. Minimum Requirements ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 227 1. Design Standards. Each single-family dwelling, duplex, triplex, quadplex, townhouse project, or manufactured dwelling shall meet all the design standards identified in Table 3.07A as required standards and a minimum number of points per subsection below. 2. Design Options. Each single-family dwelling, duplex, triplex, quadplex, townhouse project, or manufactured dwelling shall meet enough of the menu options identified in Table 3.07A as providing optional points to total 16 points. Totaling 16 or more points is a requirement, and the choice of any particular menu option is optional. C. Architectural and Design Standards (Table 3.07A) ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 228 Architectural & Design Standards for Single-Family Dwellings, Manufactured Dwellings 1, and Dwellings other than Multiple-Family, on Individual Lots Table 3.07A Design Standard Required Optional Points Building Massing M1 Maximum Facade Width: Exempting townhouses, the max width for any street-facing facade located within 25 ft of a street lot line shall be as follows. The portions of a facade subject to this standard must be separated 10 ft min. See Figure 3.07A. Max facade width of: - - • 100 ft X - • 80 ft - 1 • 60 ft - 2 M2 Facade Articulation: The front elevation of large buildings shall be divided into smaller areas or planes. When the front elevation of a building is more than 500 square ft in area, the elevation shall be divided into distinct planes of 500 square ft or fewer. See Figure 3.07C. This division can be done by: • A porch; a dormer min 4 ft wide and placed min 3 ft from any building side wall; or a balcony that is at least 2 ft deep and is accessible from an interior room; • A bay, box, or oriel window that projects min 2 ft, encloses a width min 5 ft (for angled sides measured at closest corners) and a height min 6.5 ft; or • Recessing a section of the facade by min 2 ft, recess being min 6 ft wide. The requirement applies also to an elevation that adjoins a tract or off-street bicycle/pedestrian corridor. X - M3 Privacy Transition Area: The street-facing ground floor is either elevated above sidewalk grade min 1.5 ft or has its main wall plane set back min 10 ft from sidewalk edge. Note M3: If elevated, any front covered porch or roofed patio also is elevated and below floor level has the front elevation either patterned or stamped if concrete or masonry wall or covered with lattice if a void. - 2 Roofs R1 Roof Pitch: Manufactured dwellings shall have a min roof pitch of 3/12. All other buildings shall have min roof pitch as follows: - - ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 229 Architectural & Design Standards for Single-Family Dwellings, Manufactured Dwellings 1, and Dwellings other than Multiple-Family, on Individual Lots Table 3.07A Design Standard Required Optional Points • 6/12 X - • 8/12 - 1 • 9/12 - 2 R2 Dormer(s): The roof includes a gable, dormer min 4 ft wide and placed min 3 ft from any building side wall, or eyebrow at least 3 ft wide and 3 ft above eave. Total width of all dormers shall not exceed 50 percent of the width of the facade that they parallel. - 1 R3 Eaves: Roof eaves, overhangs, and rakes shall project from the building wall the following min inches on all elevations: - - • 12 X - • 18 - 1 • 24 - 2 R4 Material: Roofing material shall be composition shingles, clay or concrete tile, metal, cedar or slate shingles or shakes. Composition shingles shall be architectural style. X - • Roofing material is clay, concrete tile, or cedar or slate shingles. - 1 Entrances E1 Entrance Orientation: For every 40 lineal ft of street-facing facade, at least one entrance shall meet the following standards. For lots with two or more street frontages, this standard applies to min one frontage: • The entrance must be within 8 ft of the longest street-facing wall of the building; • Have any of a door with either peephole or incorporated window, or, a door side lite (a tall narrow window to the side of the door); and • The entrance must any of: o Face the street, o Be at an angle of up to 45° from the street, o Face a common open space that is adjacent to the street and is abutted by buildings on min two sides, or o Open onto a porch or recessed entry meeting the E2 requirements below. X - ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 230 Architectural & Design Standards for Single-Family Dwellings, Manufactured Dwellings 1, and Dwellings other than Multiple-Family, on Individual Lots Table 3.07A Design Standard Required Optional Points E2 Front Porch or Patio: On lots wider than 25 ft, each dwelling entrance shall meet the below. For lots with two or more street frontages, the standards apply to min one frontage. • A recessed entry, min 72 square ft, with min dimension 8.5 ft biased towards one side of the entry. A recess serving two entries, one each for two attached dwellings, shall be min 119 square ft; or • A covered porch or roofed patio, min 72 square ft with min dimension 8.5 ft. A porch or patio serving two entries, one each for two attached dwellings, shall be min 119 square ft. • Height: Min ceiling or clearance height 8 ft. Where a lot is 25 ft or narrower and a street-facing recessed entry, covered porch, or roofed patio would be infeasible, then one of the G4 options instead shall be a standard: above a street-facing garage, as either interior living area, or, a covered balcony or deck. Where a lot is 25 ft or narrower and it adjoins a tract or off-street bicycle/pedestrian corridor, the porch/patio requirement may be met on the adjoining facade instead of the street-facing facade. X - • A covered porch or roofed patio at minimums per above and with min width 14 ft facing the street. - 1 • The covered porch or roofed patio by min 2 ft either recesses into or projects from the main wall plane along min 6.5 ft of the width of the porch or patio. Figure 3.07A –Minimum Porch/Patio Recess & Projection Example Plans - 2 E3 Porch/Patio Delineation: Includes any of balustrade, fall protection, wood fencing, and metal or wood railings and is required. 3.5 ft high max. 4 ft wide max gap as passage allowed. Fencing or railing with top member flat and min 3 inches wide. A second horizontal member below the top member (to allow affixing, hanging, or threading items below the top member). X - ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 231 Architectural & Design Standards for Single-Family Dwellings, Manufactured Dwellings 1, and Dwellings other than Multiple-Family, on Individual Lots Table 3.07A Design Standard Required Optional Points E4 Columns: Ornamental columns. If the streetside porch or roofed patio provides one or more columns as supports, columns shall be divided visually into clear areas of capital, shaft, and base. Shaft min 8 inches square or diameter. Wrought iron style porch supports do not meet this requirement. X - Garages G1 Garage Orientation: Garages shall face away from the street on lots abutting an alley or shared rear lane. On a corner lot with no alley or shared rear lane, a garage may face one frontage as the Director determines. On any lot with no alley or shared rear lane, any garage that faces away from the street frontage of the main pedestrian entry, at a min angle of 90°, is exempt from garage setback, width, and design standards (G2-G4). X - G2 Minimum Garage Setback: The front of a garage shall be set back from street right-of-way either the same distance as the dwelling main wall plane that encloses living area or 20 ft, whichever is deeper. Garages set back farther or recessed are eligible for optional points: X - • Garages either recessed behind the main wall plane min 2 ft or set back 21 ft. - 1 • Garages either recessed behind the main wall plane min 3 ft or set back 22 ft. - 2 G3 Maximum Garage Width: Excepting a lot with alley or shared rear lane access, the combined width of all attached garages shall not exceed a max per the below. Where in place of a garage there is a carport, or, a vehicular passage dividing the ground floor and serving parking area at the rear, then the max width shall be 10 ft for a one- car wide carport, 18 ft for a two-car wide carport, or 20 ft for a passage. A detached garage behind the dwelling building may exceed max width if the dwelling building in elevation view partly screens the detached garage such that the visible remainder of the garage is within the max width. For trapezoidal lots along cul-de-sacs or bends in streets where a street frontage width is narrower than the lot width, the applicable standard applies based on lot width instead of street frontage width. X: - ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 232 Architectural & Design Standards for Single-Family Dwellings, Manufactured Dwellings 1, and Dwellings other than Multiple-Family, on Individual Lots Table 3.07A Design Standard Required Optional Points Garages and parking and circulation areas that are narrower than the max are eligible for optional points: a. For a lot up to 25 ft wide: Max one garage door opening at max width 9 ft. X; - b. For a lot wider than 25 ft or less than 60 ft wide: Max width 18 ft total of garage door or doors. X; - c. For a lot 60 ft wide or wider: Either max width 18 ft total of garage door or doors for house or duplex, 27 ft total for triplex, or 36 ft total for quadplex; or garage width max 45 percent of lot street frontage width, whichever of or is less restrictive. X; - Garages and parking and circulation areas that are narrower than the above applicable max are eligible for optional points: - • Garage width total max is either 40 percent or less instead of 45. - 1 • Street frontage has a single garage door max width 9 ft. - 2 G4 Garage Design: Street-facing garages that incorporate design features intended to minimize the prominence of the garage and integrate it into the primary structure are eligible for optional points as follows: - - • Interior living area above the garage is provided. The living area may adjoin or incorporate a garage rooftop balcony or deck, but the living area shall have its wall plane set back max 8.5 ft from the street-facing garage wall and shall be min width 8.5 ft. - 1 • A covered balcony or deck above the garage is provided. The covered balcony or balcony min 8.5 ft wide across the garage and accessible from the interior living area of the dwelling unit. Coverage min 55 square ft. - 1 ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 233 Architectural & Design Standards for Single-Family Dwellings, Manufactured Dwellings 1, and Dwellings other than Multiple-Family, on Individual Lots Table 3.07A Design Standard Required Optional Points o The above covered balcony or deck projects min 2 ft beyond the street-facing garage wall and for min width 9 ft. - 2 • Windows are min 15 percent of garage door area. - 1 • Two one-car wide garage doors, max 9 ft wide each, serve a two-car wide garage. - 1 Windows W1 Window Area: Min 15 percent of the area of all facades that face streets, tracts other than shared rear lane tracts, or off-street bicycle/pedestrian corridors, shall include windows and an entrance door or doors. X - W2 Window Design: Building facades facing streets, tracts other than shared rear lane tracts, or off-street bicycle/pedestrian corridors, and which incorporate the following are eligible for optional points: - - • Window trim around all windows min 3 inches wide and 5/8 inches deep. - 1 • Window recesses, in all windows, min 3 inches as measured horizontally from the face of the building facade. - 1 • For all street facing single or double-hung windows, what is described by any of divided lites, grids, or muntins are min 2 in at least the upper half of each window. - 1 W3 Proportion: On facades facing streets, tracts other than shared rear lane tracts, or off-street bicycle/pedestrian corridors, each window must be square, round, or vertically proportioned. Operable windows shall have insect screens. Casement windows shall have symmetrical arrangement of lites. X - Exterior Finish Materials F1 Permitted Finish Materials: The exterior finish of a dwelling shall have the appearance of either horizontal or vertical fiber cement, vinyl, or wood lap siding; shake or scallop shingles; batt and board; stone; brick; or stucco. Where horizontal lap siding is used, it shall appear to have a reveal of 3 to 6 inches. Plain concrete, corrugated metal, plywood and press board are prohibited as exterior finish material. Window shutters, if provided, shall be operable and able to cover the window when closed. X - ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 234 Architectural & Design Standards for Single-Family Dwellings, Manufactured Dwellings 1, and Dwellings other than Multiple-Family, on Individual Lots Table 3.07A Design Standard Required Optional Points • For a dwelling of one story, shakes, shingles, brick, stone or other similar decorative materials are applied as a band on the street-facing facade horizontally from grade upwards min either 3 ft or to bottoms of ground floor windows, and wrap around each side elevation for min distance 2 ft. If one of the side elevations also faces a street or faces either a tract other than a shared rear lane tract or an off-street bicycle/pedestrian corridor, the wrap-around shall extend along the whole width of the side elevation. F1b: If one of the side elevations also faces a street or faces either a tract other than a shared rear lane tract or an off-street bicycle/pedestrian corridor, the wrap-around shall extend along the whole width of the side elevation. - 1 • For a dwelling of two or more stories, shakes, shingles, brick, stone or other similar decorative materials are applied as a band on the street-facing facade horizontally from grade upwards min either 7 ft or to tops of ground floor windows and doors, and wrap around each side elevation for min distance 2 ft. Same as F1b. - 2 F2 Foundation: Plain poured concrete may be used as foundation material if the foundation material is not revealed more than 3 ft above the finished grade level adjacent to the foundation wall and if the concrete is stamped or patterned to resemble rusticated or cut stone or wood or if decorative materials are applied per an F1 option. X - Additional Off-Street Parking P1 A development of dwellings other than detached single-family dwellings and other than multiple-family dwellings opts to provide off-street parking that exceeds the min parking ratio per Table 3.05A: - - • Off-street parking ratio min 1.5 spaces per dwelling - 1 • Off-street parking ratio min 2 spaces per dwelling - 2 Cottage Cluster CC Along with a house among those within a cottage cluster, a one-time option of 2 points is available if the common courtyard width is 24 feet wide or wider and with two walkways, one min 8 feet wide and the other min 5 feet, and the area between walkways is min 8 feet wide. See Section 2.07.21 for cottage cluster provisions. - 2 1. Zoning Adjustment permissible for manufactured dwelling. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 235 Figure 3.07A: Maximum Facade Width ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 236 Figure 3.07C: Facade Articulation and Garage Design Standards Figure 3.07C: Facade Articulation and Garage Design Standards 3.07.03 [Struck] [This section "Single-Family Dwellings, Duplexes and Manufactured Dwellings on Individual Lots in New Developments" struck by Ordinance No. 2603 (Legislative Amendment LA 21-02) effective June 30, 2022.] 3.07.04 Dwellings in the Neighborhood Conservation Overlay District (NCOD) A. Applicability 1. For any new single-family dwelling or dwelling other than multiple-family within the Neighborhood Conservation Overlay (NCOD), all facades shall be subject to architectural review. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 237 2. The exterior remodel to such dwelling types as well as accessory structures shall be subject to architectural review. 3. At the time of application, the applicant shall choose whether the Design Review shall be conducted as a Type I, II, or III review (Section 5.01, 5.02, 5.03), depending on floor area. For a Type I review, the criteria of this Section shall be read as “shall” and shall be applied as standards. For a Type II or III review, the criteria of this Section shall be read as “should” and shall be applied as guidelines. B. Design Guidelines and Standards 1. The proposed construction should/shall provide architectural details, such as dormers, bays, bracketing, cornices and trim, to add aesthetic visual interest and detail. 2. The design should/shall minimize the negative visual impact of on-site automobile parking within the district by orienting garage openings so that they do not front directly onto a public street. An attached garage opening should either be located a minimum of 10 feet back from the building facade or the garage should be detached. 3. Long, flat facades on buildings should/shall be avoided. Buildings should/shall not be more than 50 feet wide. 4. The character of residential roofs shall be maintained. The roof pitch should/shall be a minimum of 6:12. 5. The main entrance of a dwelling should/shall face the street and be covered with a roof. 6. Windows in the building should/shall be wood sash with trim that is at least 5½ inches wide. No pane of glass should/shall be any larger than 30 inches wide by 84 inches high. Glass should/shall be clear or stained. 7. Horizontal wood siding, brick or stucco should/shall be used for exterior finishes. For building additions, and remodeling, the exterior finish should/shall be of the same style and character as the existing building. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 238 3.07.05 Standards for Medium Density Residential Buildings Note: A medium density residential building is any building where the predominant use is multiple-family dwelling, nursing care or group care facility. A. At the time of application, the applicant shall choose whether the Design Review shall be conducted as a Type I, II, or III review (Section 5.01, 5.02, 5.03). For a Type I review, the criteria of this Section shall be read as “shall” and shall be applied as standards. For a Type II or III review, the criteria of this Section shall be read as “should” and shall be applied as guidelines. B. Open Space 1. Private Open Space a. Ground Level Courtyard Units within five feet of the finished grade, should/shall have at least 96 square feet of private open space, with no dimension less than six feet. Ground level private open space should/shall be visually and physically separated from common open space, through the use of perimeter landscaping or fencing. b. Balcony Units more than 5 feet from the finished grade should/shall have at least 48 square feet of private open space in a balcony, with no dimension less than six feet. 2. Common Open Space and Facilities a. Common open space and facilities consist of the site area and facilities not devoted to dwellings, parking, streets, driveways or storage areas that are available for use by all residents of a development. b. Required yard setbacks should/shall be included as common open space. c. Open Space and Facility Design Guidelines and Standards. A minimum of 30 percent of the net site area of each medium density residential development should/shall be permanently designated for use as common open space and facilities. The common area should/shall include at least one open space containing 2,000 square feet, with a minimum width of 36 feet. Facilities to accommodate children’s or adult’s recreation, meeting or education activities should/shall be provided at a ratio of 36 square feet of outdoor, or 12 square feet of indoor, common area per dwelling unit or living unit. The minimum improved common area for this purpose should/shall be 720 square feet of outdoor or 240 square feet of indoor space. The space for such improvements may be counted as part of the common area required by Section 3.07.05.B.1.c.2 at a 1:1 ratio for outdoor space and 3:1 ratio for indoor space. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 239 C. Architectural Design Guidelines and Standards 1. Building Mass and Facade a. Buildings should/shall have no dimension greater than 150 feet. b. Every two attached dwelling or living units should/shall be offset by at least four feet in depth. c. Individual buildings located within 28 feet of a property line should/shall have a varied setback at least four feet. d. A flat roof, or the ridge of a sloping roof, should/shall not exceed a horizontal length of 100 feet without providing a difference in elevation of at least four feet. e. Buildings should/shall incorporate a porch or recessed entry for each ground-level dwelling or living unit. Covered porches and entries should be at least 30 square feet, with no dimension less than six feet. This provision does not apply to buildings for residential care. f. All habitable rooms, except bathrooms, facing a required front yard should/shall incorporate windows. g. Staircases providing access above the first floor level should/shall not be visible from a street. 2. Building Materials, Texture and Color a. The exterior finish for at least 90 percent of the facade should/shall be: Either siding, brick or stucco. Plain concrete, corrugated metal, plywood and sheet press board should/shall not be used as exterior finish material; and Either white, tinted with a minimum of 10 parts per 100 of white, or shaded with a minimum of 10 parts per 100 of black or brown. Shading colors with brown or black to create earth tones or tinting colors with white to soften the appearance. Fluorescent, “day-glo,” or any similar bright color shall not be used on the facade. b. The roofing material should/shall be either composition shingles; clay or concrete tile; metal; or cedar shingles or shakes. Composition shingles should/shall be architectural style, with a certified performance of at least 25 years. 3. Pedestrian Circulation a. The internal pedestrian system in medium density residential developments should/shall connect to other areas of the site, to other building entrances and to adjacent streets. b. When a residential building is sited within 24 feet of a street right-of-way, the building should/shall contain entrances directly accessible from the street. c. The residential building, or in a complex of multiple buildings the building or buildings closest to a street, should/shall be set back maximum 100 feet. Minimum 80 percent of the width of a street-facing façade should/shall meet the setback maximum. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 240 3.07.06 Standards for Non-Residential Structures in Residential, Commercial and Public/Semi Public Zones A. The following design guidelines shall be applicable to all non-residential structures and buildings in the RS, RSN, R1S, RM, RMN, CO, CG, and P/SP zones. B. Architectural Design Guidelines 1. Mass and Bulk Articulation Guidelines a. Building facades visible from streets and public parking areas should be articulated, in order to avoid the appearance of box-like structures with unbroken wall surfaces. b. The appearance of exterior walls should be enhanced by incorporating three-dimensional design features, including the following: Public doorways or passage ways through the building Wall offsets or projections Variation in building materials or textures Arcades, awnings, canopies or porches 2. Materials and Texture Guidelines a. Building exteriors should exhibit finishes and textures that reduce the visual monotony of bulky structures and large structural spaces. Building exteriors should enhance visual interest of wall surfaces and harmonize with the structural design. b. The appearance of exterior surfaces should be enhanced by incorporating the following: At least 30% of the wall surface abutting a street should be glass. All walls visible from a street or public parking area should be surfaced with wood, brick, stone, designer block, or stucco, or with siding that has the appearance of wood lap siding. The use of plain concrete, plain concrete block, corrugated metal, plywood, T-111 and sheet composite siding as exterior finish materials for walls visible from a street or parking area should be avoided. The color of at least 90 percent of the wall, roof and awning surface visible from a street or public parking area should be an “earth tone” color containing 10 parts, or more of brown or a “tinted” color, containing 10 parts or more white. Fluorescent, “day-glo,” or any similar bright color shall not be used on the building exterior. 3. Multi-Planed Roof Guidelines a. The roof line at the top of a structure should establish a distinctive top to the building. b. The roof line should not be flat or hold the same roof line over extended distances. Rather, the roof line should incorporate variations, such as: Offsets or jogs in the plane of the roof; ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 241 Changes in the height of the exterior wall for flat roof buildings, including parapet walls with variations in elevation or cornices 4. Roof-Mounted Equipment Guidelines All roof-mounted equipment, except solar collectors, should be screened from view by: a. Locating roof-mounted equipment below the highest vertical element of the building, or b. Screening roof-mounted equipment using materials of the same character as the structure’s basic materials 5. Weather Protection Guidelines All building faces abutting a street or a public parking area should provide weather protection for pedestrians. Features to provide this protection should include: a. A continuous walkway at least eight feet wide along the face of the building utilizing a roof overhang, arcade, awnings or canopies b. Awnings and canopies that incorporate the following design features: Angled or curved surfaces facing a street or parking area A covering of fabric, or matte finish vinyl A constant color and pattern scheme for all buildings within the same development No internal back lighting 6. Solar Access Protection Obstruction of existing solar collectors on abutting properties by site development should be minimized. C. Building Location Guidelines 1. Within the prescribed setbacks, building location and orientation should complement abutting uses and development patterns. 2. The maximum setback from each street should/shall be 80 feet. Minimum 80 percent of the width of a street-facing façade should/shall meet the setback maximum. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 242 3.07.07 Downtown Development and Conservation (DDC) Zone A. Applicability The purpose of these development standards is to guide the design of buildings constructed in the Downtown Development and Conservation (DDC) zoning district to ensure that, through appropriate use of facades, windows, building orientation, and architectural details, new structures and alterations of existing structures are physically and visually compatible with other buildings within the downtown business district. The majority of the existing buildings in downtown Woodburn reflect architectural styles that were popular during the late nineteenth and early twentieth century. 1. The provisions of this ordinance shall apply to the following activities within the DDC: a. All new building construction; b. New construction, restorations, and remodels. Restorations shall be defined as all exterior repairs, replacement of materials, alterations or changes, including reroofing, painting, window, and sign replacement, as well as any exterior building or site modification that requires a building permit; c. All new signage. 2. This ordinance shall not apply to the following activities or uses: a. Maintenance of the exterior of an existing structure, such as reroofing, residing, or repainting where similar materials and colors are used that comply with this ordinance; b. Interior remodeling; c. Single-family detached dwellings; d. Single-family dwellings that are used for businesses or home occupations. 3. This ordinance shall apply only to those portions of a building or sign that are proposed for construction or modification, and shall not extend to other elements of the building or sign that may be out of compliance with the requirements of this ordinance a permit to replace a single window shall not require that all other windows on the building that may be out of compliance with this ordinance to be replaced, unless such action is initiated by the property owner). However, if a building should be destroyed due to fire, accident, or an act of God, the new or replacement structure shall be rebuilt to conform to the requirements of this ordinance. 4. At the time of application, the applicant shall choose whether the Design Review shall be conducted as a Type I, II, or III review (Section 5.01, 5.02, 5.03). For a Type I review, the criteria of this Section shall be read as “shall” and shall be applied as standards. For a Type II or III review, the criteria of this Section shall be read as “should” and shall be applied as guidelines. B. Design Guidelines or Standards Standards for new construction shall require builders to conform to the architectural form of Woodburn’s historic period (1880’s through 1940’s). As such, new construction shall conform to the following standards listed below. The following list of buildings is provided as a reference guide to those buildings which display characteristics intended by the standards. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 243 • Association Building on Front Street between Garfield and Hayes Streets • Fulmer Building at Front and Lincoln Streets • Old City Hall at First and Lincoln Streets • Carnegie Library at Second and Garfield Streets • Bank of Woodburn building at Front and Arthur Streets • Masonic building at Front and Arthur Streets 1. Site Development a. Building fronts and entrances shall be oriented toward the street. Buildings with frontages on two or more streets shall be oriented to at least one street. b. Building facades should be set at the property edge along the sidewalk. Buildings with frontages on 2 or more streets should be set at the property edge on at least one street. 2. Building Scale a. The overall size and proportion of new structures shall be compatible with the scale of nearby traditional storefront buildings constructed during the historic period. This standard may be met by either designing the building’s size and proportions to be similar to comparable historic structures in the downtown, or by the design of the facade so that it breaks a larger mass into smaller units that are similar to comparable historic structures. b. If practical, new buildings should have the same floor height as adjoining buildings in case there is ever a desire to link the storefronts. c. The relationship between the height and width of the main facade of the building shall be visibly compatible with adjoining or nearby buildings of the historic period or style. This standard may be met through either similar height and width, or, through design elements that provide visual continuity with adjoining or nearby buildings of the historic period. 3. Building Height New buildings of at least two stories in height are encouraged. 4. Building Width a. All new buildings should maximize lot frontage as much as is practicable. b. New buildings whose street frontage is more than 50 feet wide shall be designed to convey a sense of division through the use of pilasters, windows and door openings, recessed entries, off-sets or other architectural details. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 244 5. Storefronts a. Primary entrances shall be oriented to the street. Corner buildings shall have corner entrances, or shall provide at least one entrance within 20 feet of the street corner or a corner plaza. b. The upper windows of multi-story buildings shall use multi-pane double-hung sash windows or the equivalent style. c. The relationship between solid walls and window and door openings on the main facade shall be visually compatible with adjoining or nearby structures from the historic period or style. Ideally, first floor storefronts should be about 80 percent glass from approximately two feet above grade to approximately 10 feet above grade. d. The relationship of width and height of window and door openings shall be visually compatible with adjoining or nearby buildings from the historic period or style. e. Blank walls, walls without window or door openings, are not permitted along public streets. f. Windows and doorways shall not be covered over with paper, boards, or cardboard except during times of construction or remodeling and shall be limited to a period of 120 days, unless an extension is otherwise granted by the Director. g. Doors shall match the materials, design, and character of the display window framing. h. Architectural features such as awnings, windows, cornices, etc., shall be provided at the second floor to differentiate the storefront from the upper levels of the building, to add visual interest, and to allow the storefront to function as the base for the rest of the building. 6. Facade Materials and Texture a. The materials and texture of the facade shall be compatible with those on buildings constructed during the historic period. b. Permitted exterior facade materials include: brick, cast iron, relatively narrow horizontal wood or masonry siding, and stucco. Plywood siding, T-111, and vertical board and batten are prohibited. c. Exposed concrete block facades facing the street are not allowed. Split-face or scored-face block may be used in small quantities for foundations or other non-dominant features. d. All main facade materials shall be painted (except brick, for which painting is optional). e. Metal siding shall not be used as a building material on the facade facing a street. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 245 7. Windows a. Windows which allow views to the interior activity or display areas are encouraged. Windows shall include sills at the bottom and pediments at the top. Glass curtain walls, reflective glass, and painted or darkly tinted glass shall not be used on the first floor. b. Ground Floor Windows All new buildings must provide ground floor windows along adjacent street rights-of-way. Required window areas must be either windows that allow views into working areas or lobbies, pedestrian entrances, or display windows. Required windows must have a sill no more than four feet above grade. Where interior floor levels prohibit such placement, the sill must be raised to allow it to be no more than two feet above the finished floor level, up to a maximum sill height of six feet above grade. Glass curtain windows are not permitted. Darkly tinted windows and mirrored windows that block two-way visibility are prohibited as ground floor windows along street facades. Any wall that faces a public right-of-way must contain at least 20% of the ground floor wall area in display areas, windows, or doorways. Blank walls are prohibited. c. Upper Floor Window Standards Glass area dimensions shall not exceed five feet by seven feet. (The longest dimension may be taken either horizontally or vertically.) Windows must have trim or molding at least two inches wide around their perimeters. At least half of all the window area in upper floors must be made up of glass panes with dimensions no greater than two feet by three feet. 8. Roofs a. Main facade roofs (lower than a 6:12 pitch) shall be concealed behind a square or stepped parapet. Flat roofs are permitted behind a parapet. b. All heating, ventilation, and air conditioning (HVAC) systems located on top of a roof shall be located or screened so that they are not visible from the street. Dish-style antennas shall be located or screened so that they are not visible from the street. All screening material shall be natural and shall be compatible with the facade of the front of the building. c. New roofs on existing buildings, or on additions to existing buildings, shall match the pitch and form of the original roof. d. Shed roofs are permitted on one-story rear additions. e. Back-lit or internally illuminated roofs are prohibited. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 246 9. Awnings and Canopies a. The use of awnings or canopies over sidewalks is encouraged. b. Awnings shall extend out from the building front to cover at least two-thirds of the sidewalk, unless it is shown that such a distance will interfere with existing trees, poles, etc., to provide pedestrian protection from the elements. c. Awnings shall be flat or sloping. Awnings shall be made of metal, wood, canvas or similar materials. Rounded bubble or plastic awnings are prohibited. Fully glazed awnings are not permitted. d. Awnings shall fit within the window bays (either above the main glass or the transom light) so as not to obscure or distract from significant architectural features. e. The color of the awning shall be compatible with its attached building. f. Awnings shall not be internally illuminated. However, lighting which is intended to provide illumination to the sidewalk and signage is permitted. g. Awnings shall be a minimum of eight feet above the sidewalk. h. Where feasible, awnings shall be placed at the same height as those on adjacent buildings in order to maintain a consistent horizontal along the street front. 10. Color a. The painting of brick walls is permitted. b. Subtle or subdued tones commonly used during the historic period shall be used. Bright or neon colors are prohibited. c. Different colors shall be used to accentuate and highlight trim, windows, and other building features. 11. Site Design Landscaping shall not obliterate street and sidewalk views of signage or architectural features on historic buildings. 12. Off-Street Parking a. All parking and access standards of this ordinance (Sections 3.04 and 3.05) shall apply, except that there shall be no required parking in the Downtown Development and Conservation (DDC) zone. b. Parking areas shall not be located between the front of the building and the street. c. Parking areas with more than 10 spaces shall be divided by landscaped areas or walkways, or by a building or group of buildings. d. Knee walls are required to screen street side parking lots. Knee walls shall not exceed three feet in height and shall be constructed with masonry. Alternatively, a combination of a wall or fence and landscaping may be approved if they provide an effective buffer and low-level screen of the parking area. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 247 C. External Storage of Merchandise The external storage of merchandise or materials, directly or indirectly related to a business, is prohibited. D. Outdoor Displays of Merchandise Outdoor displays of merchandise are permitted during business hours only, are limited to products sold within the building, and shall not exceed ten percent of the total indoor retail sales area. Displays of merchandise on public sidewalks along the storefront may not reduce usable walking area widths to less than four feet. E. Outdoor Eating Areas Outdoor cooking facilities and dining areas are permitted on public sidewalks along the storefront of the associated business only if that business also sells those food products indoors. Such areas may not reduce usable walking area widths on public sidewalks to less than four feet. Nothing within this provision is intended to prohibit the use of private property for such areas. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 248 3.07.08 Mixed Use Village (MUV) Zone A. Applicability and Procedure The following design guidelines and standards shall be applicable to all buildings in the Mixed Use Village (MUV) zone that include a non-residential use, whether or not residential uses are included in the structure. B. Site Development Standards 1. The primary building entrance shall either be oriented toward the street, toward a side yard, or any angle in between. For the purposes of this Section, the “primary building entrance” is the main public entrance to the building. In the case where no public entrance exists, the “primary building entrance” is the main employee entrance. Where there are multiple buildings on a lot, all buildings shall comply with this standard. 2. Buildings should occupy a minimum of 50 percent of all street frontages along public streets. Buildings should be located at public street intersections. 3. The maximum setback from each street should/shall be 20 feet where there is one frontage or, where there are two or more frontages, 20 feet from minimum one of the frontages and 80 from each of the remaining frontages. Minimum 80 percent of the width of a street-facing façade should/shall meet the setback maximum. C. On-Site Pedestrian Circulation 1. Walkways shall connect all building entrances with adjacent sidewalks and on-site parking areas, and shall connect off-site adjacent uses to the site unless topographic or existing development constraints preclude making certain walkway connections. 2. Where walkways cross a parking area or driveway they shall be clearly marked with contrasting paving materials (such as light-color concrete inlay between asphalt), which may be part of a raised/hump crossing area. Paint or thermo-plastic striping and similar types of non-permanent applications may be approved for crosswalks not exceeding 24 feet in length. D. Drive-Through Businesses In addition to the requirements of Section 3.04.02, the following standards shall apply to drive-through businesses: 1. Drive-through windows are prohibited on a building facade that faces Highway 99E. 2. Drive-through uses shall be located so that access and egress to the drive-through features are from an on-site drive aisle or other on-site circulation facility, not a public street. 3. A maximum of two drive-through service lanes shall be permitted between a building facade and a public street right-of-way. E. Architectural Design Guidelines and Standards 1. Street-Facing Building Facades All street-facing building elevations that are set back 50 feet or less from a public street shall provide visual interest and avoid blank walls by meeting one or both of subsections a and b, below: ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 249 a. A minimum of 40 percent of the ground floor wall area shall contain windows, display areas, or doorway openings. Windows, display areas, or doorway openings used to meet this standard shall comply with the following provisions: Required window areas shall be either windows that allow views into working areas or lobbies, pedestrian entrances, or display windows. Darkly tinted windows and mirrored windows that block two-way visibility shall not be used to meet this standard. The sill or lower edge of a window, display area, or doorway used to meet this standard shall be no more than four feet above grade. Where interior floor levels prohibit such placement, the sill or lower edge must be raised to allow it to be no more than two feet above the finished floor level, up to a maximum height of six feet above grade. Windows and doorways used to meet this standard shall not be covered over with paper, boards, or cardboard, except during times of construction or remodeling, and shall be limited to a period of 120 days, unless an extension is otherwise granted by the Director. Ground floor wall area shall be measured from three feet above grade to nine feet above grade along the entire width of the street-facing elevation. b. Building facades that exceed 40 feet in length shall incorporate features to vary the look of the facade at intervals not to exceed forty feet. Such features may include variable planes, projections, bays, dormers, setbacks, canopies, awnings, parapets, or changes in the roof line, materials, color, or textures. 2. All other building facades visible from streets and public parking areas should provide facade variations, as specified in this Section (3.07.08.E.1.b). F. Crime Prevention Through Environmental Design In order to enhance public safety and provide for “eyes on the street”, all buildings that will regularly be occupied should provide windows that allow a view of the street in all street-facing building elevations. G. Weather Protection Weather protection for pedestrians, such as awnings, canopies and arcades, should be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or wide walkway. Awnings and canopies shall not be back-lit. H. Building Materials Corrugated metal, plywood, sheet press board or vinyl siding should be used as exterior finish material. Plain concrete block and plain concrete should not be used as exterior finish material, except as a foundation material where the foundation material should not be revealed for more than two feet. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 250 I. Roofs and Roof Lines Except in the case of a building entrance feature, roofs should be designed as an extension of the primary materials used for the building and should respect the building’s structural system and architectural style. False fronts and false roofs should not be used. J. Roof-Mounted Equipment All roof-mounted equipment shall be screened from view from adjacent public streets. Satellite dishes and other communication equipment shall be set back or positioned on a roof so that exposure from adjacent public streets is minimized. Solar heating panels shall be exempt from this guideline. K. Off-Street Parking 1. Parking areas shall be limited to 50 percent of the street frontage abutting a Major Arterial. 2. Parking areas shall not be located within a front yard or within a side yard abutting a Major Arterial. 3. Parking areas with more than ten spaces shall be divided by landscaped areas or walkways, or by a building or group of buildings. L. Screening Standards Outdoor storage shall be screened from view from the adjacent streets by a wall. Outdoor displays of merchandise not exceeding ten percent of the total retail sales area are allowed. Displays of merchandise on public sidewalks may not reduce usable walking area widths to less than four feet. 3.07.09 Nodal Neighborhood Commercial (NNC) Zone A. Applicability The following standards shall apply in the Nodal Neighborhood Commercial (NNC) zone. B. Site Design Guidelines 1. Buildings should occupy a minimum of 50 percent of all street frontages along public streets. Buildings should be located at public street intersections. 2. Landscaping, an arcade, or a hard-surfaced expansion of the pedestrian path should be provided between a structure and a public street. 3. Hard-surfaced areas should be constructed with scored concrete or modular paving material. Benches and other street furnishings are encouraged. 4. A walkway connection should connect a building entrance and a public street. This walkway should be at least six feet wide and be paved with scored concrete or modular paving materials. Building entrances at corners near a public street intersection are encouraged. 5. Parking for buildings or phases adjacent to public streets should be located to the side or rear of newly constructed buildings. 6. Off-street parking should be limited to 50 percent of the street frontage, when located abutting a street. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 251 7. The maximum setback from each street should/shall be 20 feet where there is one frontage or, where there are two or more frontages, 20 feet from minimum one of the frontages and 80 from each of the remaining frontages. Minimum 80 percent of the width of a street-facing façade should/shall meet the setback maximum. C. Architectural Design Standards 1. Applicability At the time of application, the applicant shall choose whether the Design Review of new buildings shall be conducted as a Type I review following the procedures of Section 5.01, or as a Type II or III review following the procedures of Section 5.02 or 5.03. 2. Architectural Design Guidelines and Standards a. Ground Floor Windows All street-facing building elevations that are set back 10 feet or less from a public street should include a minimum of 50 percent of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from three feet above grade to nine feet above grade along the entire width of the street-facing elevation. The ground floor window requirement should be met within the ground floor wall area and for glass doorway openings to the ground level. Up to 50 percent of the required ground floor window area on a particular street-facing building elevation may be met on an adjoining building elevation when the adjoining elevation is also street-facing and set back ten feet or less. b. Building Facades No building facade should/shall extend for more than 300 feet without a pedestrian connection between or through the building. Facades that face a public street should/shall extend no more than 50 feet without providing at least one of the following features: A variation in building material; A building off-set of at least one foot; A wall area that is entirely separated from other wall areas by a projection, such as an arcade; or By other design features that reflect the building’s structural system. c. Weather Protection Weather protection for pedestrians, such as awnings, canopies and arcades should/shall be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or wide walkway. Awnings and canopies shall not be illuminated internally. d. Building Materials Corrugated metal, plywood, sheet press board or vinyl siding should/shall not be used as exterior finish material. Plain concrete block and plain concrete ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 252 should/shall not be used as exterior finish material, except as a foundation material where the foundation material should/shall not be revealed for more than two feet. e. Roofs and Roof Lines Except in the case of a building entrance feature, roofs should/shall be designed as an extension of the primary materials used for the building and should respect the building’s structural system and architectural style. False fronts and false roofs should/shall not be used. f. Roof-Mounted Equipment All roof-mounted equipment, except solar collectors, shall be screened from view by: Locating roof-mounted equipment below the highest vertical element of the building, or Screening roof-mounted equipment using materials of the same character as the structure’s basic materials. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.07 Page 253 3.07.10 Industrial Zones A. Applicability The following design guidelines shall apply to all structures and buildings in the IP, IL and SWIR zones. B. Design Guidelines 1. Building Bulk and Scale Long blank walls abutting streets should be avoided. The visual impact of building and scale should be reduced by: a. Articulating building facades; b. Landscaping the area abutting building walls, including plant materials that provide vertical accents; c. Tying building entrances to the overall mass and composition of the building; d. Minimizing the use of smooth concrete, concrete block and all types of metal siding; e. Shading colors with brown or black to create earth tones or tinting colors with white to soften the appearance. Day-glow, fluorescent and other intense colors shall be prohibited; f. Screening exterior building equipment, including roof top equipment, from view; and g. Altering roof lines, constructing cornices, or parapets that offset the continuous plane of large buildings and extended building lines. 2. Loading a. Loading facilities should be located at the rear or side of structures. b. The visual impact of loading facilities abutting a street should be mitigated by: Offsetting the location of the driveway entrance and the loading dock; and Screening the loading area with a sight-obscuring fence, wall or hedge. c. Loading areas should be located on the site so that backing onto or off the street frontage is not required. 3. Outdoor Lighting All outdoor lighting should be designed so as not to shine or reflect into any adjacent residentially zoned or used property, and shall not cast a glare onto moving vehicles on any public street. 4. Solar Access Protection Obstruction of existing solar collectors on abutting properties by site development should be minimized. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.09 Page 254 3.08 Partitions and Subdivisions 3.08.01 Requirements All partitions and subdivisions shall comply with the standards of ORS Chapter 92 and the Woodburn Development Ordinance. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.09 Page 255 This page is intentionally left blank to facilitate section formatting for printing and binding with each chapter starting on an odd-numbered page so that staff can insert in a binder to follow divider tabs. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.09 Page 256 3.09 Planned Unit Developments The purpose of this Section is to establish the requirements for Planned Unit Developments (PUDs). PUDs allow flexible development standards, unique street cross-sections, and more variety in permitted uses. They are especially appropriate when developing properties with unique topographic, geotechnical, or other constraints. They also encourage innovation and creative approaches for developing land. In exchange for the ability to modify development and use standards, PUDs must provide common open space and enhanced public amenities. The City seeks large areas for public park land where PUDs are large enough and areas have suitable characteristics. 3.09.01 Allowable Types and Minimum Area of PUDs 3.09.02 Allowed Uses 3.09.03 Density Transfer 3.09.04 Conceptual Development Plan 3.09.05 Detailed Development Plan 3.09.06 Development Standards 3.09.07 Modifications to an Approved Detailed Development Plan 3.09.08 Nullification 3.09.09 Owners/Tenants Association 3.09.10 Phasing 3.09.01 Allowable Types and Minimum Area of PUDs A. Transfer of Density PUD 1. A Transfer of Density PUD shall consist entirely of property in any residential zone, or in more than one residential zone. A Transfer of Density PUD may only be used to transfer residential density from undevelopable areas of a site (riparian corridor, floodplain, wetlands, unstable soils or slopes) to developable areas of a site, but not to increase the overall number of dwelling units allowed on the site. Note: This development option is often called cluster housing. 2. There is no minimum site area for a Transfer of Density PUD. B. Residential PUD 1. A Residential PUD shall consist entirely of property zoned RS, RM, RSN, RMN, R1S, or P/SP, or in more than one such zone. A PUD is not allowed in the Neighborhood Conservation Overlay District (NCOD). 2. A Residential PUD shall contain a minimum of two acres. C. Mixed-Use PUD 1. A Mixed-Use PUD may consist of property in any zone or zones. A Mixed- Use PUD is not allowed in the Neighborhood Conservation Overlay District (NCOD). 2. A Mixed-Use PUD shall contain a minimum of three acres. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.09 Page 257 3.09.02 Allowed Uses A. Transfer of Density PUD Single-family dwellings, manufactured dwellings, dwellings other than multiple-family, and multiple-family dwellings shall be allowed in a Transfer of Density PUD. B. Residential PUD Any use allowed in any residential zone shall be allowed in a Residential PUD (see Table 2.02A). No separate Conditional Use process shall be required for any use that is described in the Detailed Development Plan and the project narrative. C. Mixed-Use PUD 1. Any use allowed in any zone shall be allowed in a Mixed-Use PUD (see Table 2.02A). No separate Conditional Use process shall be required for any use that is described in the Detailed Development Plan and the project narrative. 2. Mixed-Use PUDs are limited to a maximum of one third of the gross area of the non-district uses. There shall be no net increase of commercial or industrial area. Example: Commercial or industrial uses are limited to one third of the gross area of a residential zone. Residential uses are likewise limited to one third of the area of a commercial or industrial zone but are unrestricted in a residential zone. 3. Industrial uses shall be separated from residential uses (whether within the PUD or outside it) by at least 30 feet, except for one dwelling unit in conjunction with an industrial use, as allowed by Table 2.04A. 3.09.03 Density Transfer A. Any PUD may be used to transfer residential density from undevelopable areas of a site (riparian corridor, floodplain, wetlands, unstable soils or slopes) to developable areas of a site. Up to 40 percent of the density may be transferred, except as provided in Sections B through G, below. No more than 100 percent of the density may be transferred. B. If the PUD dedicates to the City or provides an easement for a trail or bike path shown in any adopted City Plan, an additional 20 percent of the density may be transferred. C. If the PUD dedicates to the City property abutting a public park, the Commission may allow up to an additional 20 percent of the density to be transferred, commensurate with the amount and usability of the property dedicated. D. If the improved common area of the PUD is available for use by the public, the Commission may allow up to an additional 10 percent of the density to be transferred, commensurate with the amount and usability of the improved common area. The area must be permanently posted with a sign reading, “This common area is available for use by the public.” E. If the PUD plan proposes landscaping or buffering that exceeds the WDO minimum standards by at least 25 percent, the Commission may allow up to an additional 20 percent of the density to be transferred, commensurate with the amount, quality, and variety of the enhanced landscaping or buffering. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.09 Page 258 F. If the PUD plan proposes stormwater mitigation measures that exceed minimum City standards by at least 25 percent, the Commission may allow up to an additional 10 percent of the density to be transferred, upon a recommendation by the Public Works Department. G. If the PUD plan proposes other environmental, sustainability, or architectural enhancements, the Commission may allow up to an additional 10 percent of the density to be transferred, commensurate with the amount, quality, and community benefit of the enhancements. Such enhancements may include, but are not limited to, solar heating or electrical generation, community gardens, public art, mitigation of off-site stormwater, and greywater diversion. 3.09.04 Conceptual Development Plan A. PUDs require both a Conceptual Development Plan and a Detailed Development Plan. These reviews may be accomplished sequentially or as a consolidated review, at the applicant’s discretion. B. A Conceptual Development Plan shall include drawings and a narrative describing the surrounding neighborhood, existing site conditions, general development areas, phasing, land uses, building envelopes, architectural theme, landscaping and buffering, streets, bicycle and pedestrian circulation, common areas, utility locations, sign theme, and other information the Director may deem necessary to convey the concept plan. 3.09.05 Detailed Development Plan A. PUDs require both a Conceptual Development Plan and a Detailed Development Plan. These reviews may be accomplished sequentially or as a consolidated review, at the applicant’s discretion. B. No building, grading, access, or other development permit may be issued until a Detailed Development Plan has been approved for at least one phase of the project. C. Buildings shown on a Detailed Development Plan are exempt from Design Review if they are in substantial conformity to the Detailed Development Plan (see Section 3.07.01.B). D. A Detailed Development Plan shall include drawings and a narrative sufficient to demonstrate compliance with the Conceptual Development Plan and any conditions of approval previously imposed. A Detailed Development Plan shall provide specific information regarding the site layout, architecture, and proposed amenities. A Detailed Development Plan that proposes land uses not in the Conceptual Development Plan or that deviates by more than ten percent from any development standard in the Conceptual Development Plan for any phase, or that does not meet the standards of this Section shall not be approved. The applicant may request that the decision-maker approve such a plan as an amended Conceptual Development Plan. 3.09.06 Development Standards A PUD is intended to allow flexibility in the development standards of Sections 2.02 through 2.04 and 3.01 through 3.11. The Detailed Development Plan may propose modified standards without a separate Street Adjustment, Zoning Adjustment, or Variance. Any standard that the City does not accept in writing as a modification shall apply to the PUD. The development standards stated ---PAGE BREAK--- Woodburn Development Ordinance Section 3.09 Page 259 below shall not be modified through the PUD process. A. Common area and density shall comply with Table 3.09A. Common Area and Density Standards for Planned Unit Developments Table 3.09A Transfer of Density Residential Mixed-Use Common Area, Minimum Four or fewer dwelling units All undevelopable site area 6 Five or more dwelling units, or nonresidential uses 30 percent of gross site area, including all undevelopable site area 1, 5, 6 Improved Common Area, Minimum Four or fewer dwelling units None Five or more dwelling units 100 square feet per dwelling unit Nonresidential uses None None None Residential Density, Minimum (units per net acre) Sites less than 20 gross acres Pursuant to the Comprehensive Plan 2 Sites 20 or more gross acres Either pursuant to the Comprehensive Plan 2 or 15. 7 Residential Density, Maximum (units per net acre) Not specified 4 1. At least one common area shall be sized to accommodate a circle 25 feet in diameter. 2. In residential zones only. There is no minimum for non-residential zones. 3. Child care facility for 13 or more children, group home for six or more persons. 4. The maximum density is determined by setbacks, off-street parking, open space, and other requirements. Pursuant to Comprehensive Plan Policy Table 1, Note allowable densities may be increased through PUD above the maximum(s) of the base zone(s). 5. See Table 3.09B. 6. An existing or proposed golf course may count towards the common area minimum as follows: Of the 30 percent minimum, maximum 10 percent (1/3) if the course is public, 5 percent (1/6) if private, or 15 percent (half) if the course has a bicycle/pedestrian path with public easement and both connect to the course boundary at minimum two points allowing access across the course. 7. 15 is the standard if OAR [PHONE REDACTED](10) “Master Planned Community” & 660-046- 0205(2)(b) are applicable. B. Improved Common Area 1. Common areas are deemed improved if they are provided with benches, playground equipment, gazebos, picnic facilities, or similar amenities. Lawn area by itself does not constitute improvement. Trails or paths do not constitute improvement, unless they connect to the public trail system. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.09 Page 260 2. Common meeting or recreation rooms are deemed to be improved common areas. 3. Improved common areas are subject to the performance guarantee provisions of Section 4.02.08. C. Streets 1. A PUD shall conform to and, where possible, enhance existing or planned vehicle, pedestrian and bicycle networks, including connections and functionality. Note: See Figures 7-1 (Functional Classification Designations), 7-3 (Pedestrian Plan), and 7-4 (Bicycle Plan) of the Transportation System Plan. 2. All streets shall be public. 3. Boundary and connecting streets shall use the street sections of Section 3.01.04. 4. Internal streets may use the street sections of Section 3.01.04, or the PUD may propose other street sections, provided that the streets: a. conform to the Oregon Fire Code (see Figures 3.04C and 3.04D) b. include sidewalks, and c. are constructed to the specifications of the Public Works Department. 5. Alley / shared rear lane: Where the PUD is not within the RSN or RMN zoning district, is 3 or more acres, includes residential use, and is proposed for a total of 20 or more lots, then one or more alleys or shared rear lanes as Section 1.02 defines shall serve minimum 20 percent of all lots and tracts. D. Parking If a front setback of less than 20 feet is proposed, the requirement of Section 3.05.03 for an improved parking pad for single-family and duplex dwellings may be satisfied by on-street parking or by a common off-street parking lot. E. Signs 1. A PUD may include a sign plan to require a common architectural design and location. 2. The standards of the Mixed Use Village (MUV) zone shall apply to commercial uses in the residential zones of a Mixed-Use PUD. F. Significant Tree preservation and removal: A PUD cannot modify Sections 3.06.07 and 3.06.08. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.09 Page 261 Incentives for Specific Enhanced Public Amenities within Planned Unit Developments Table 3.09B Introduction: For a PUD of five or more dwelling units, a developer may request to decrease the Table 3.09A common area minimum in exchange for any of these specific enhanced public amenities as the City allows. Enhanced Public Amenity Description Presumptive Standards 1 Exchange 2 1. Park land additional improvements a. Improve to Class A standards. In addition to sidewalk and any required on-street bicycle/pedestrian path, construct minimum (min) one Class A B facility min roughly as long as the park land long axis. Reduction of 0.5 percent 3 b. Improve to Class A standards and do more. In addition to the min Class B facility per item 1a above, construct park improvements that are unique, innovative, or creative relative to the Class A standards or relative to what is typical in existing improved City parks and as the Director directs with guidance by the Parks & Facilities Maintenance Manager. Reduction per item 1a, plus further reduction of 2. Wider street landscape strips and sidewalks All street frontages with landscape strips, sidewalks, and ROWs wider than minimums. Applies to any proposed streets for which the standard cross sections have landscape strips min 6 ft or narrower, including curb widths, and where sidewalk is 6 ft or narrower. Min standards are: all landscape strips 6.5 ft wide, including curb widths; all sidewalks 8 ft wide; and additional ROW width equal to the total additional widths of these cross section elements. Reduction of common area minimum (min) by equal to total additional area of ROW. 4 3. Walkers paradise local street A one-way or yield street with 60 ft ROW reallocated for wider landscape strips and sidewalks Applies to any proposed local class street. Standards: Min width 60 ft ROW Between curbing, two 7-foot parking lanes and one 11-foot travel lane. Travel lane either two-way as a “yield street” or one-way. Two 8.5-foot wide planters including curb widths Two 8-foot wide sidewalks Two 1-foot buffers, one each between sidewalk and ROW boundary. Reduction of common area min by equal to total additional area of landscape strips and sidewalks relative to cross section Figure 3.01G. 4 4. Boulevard A street with a continuous median, excepting turn pockets at intersections, Applies to any proposed streets that meet these standards: median min 9 ft wide between backs of curbing; median extent equal to whichever adjacent block face is longer, with Reduction of common area min by equal to total additional area of ROW. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.09 Page 262 that is landscaped and includes trees. allowance to shorten for a turn pocket or pockets – for local class streets specifically by no more than 32 ft per turn pocket, including taper, and 64 ft total. 5 (For streets with higher class designations, turn lane or pocket maximums per public works construction code.); median with trees to same standards as Section 3.06.03A and with median extent substituting for block face extent; 66.7% of remainder of median landscaped with lawn grass, with landscaping narrowest dimension 6 ft and with allowance for a remaining third to be any of groundcover, shrubbery, bricks, rectangular cobblestone pavers, concrete pavers, poured concrete, or utility boxes, cabinets, and vaults; and additional width of ROW equal to median width. 5. Traffic calming crosswalks Concrete crosswalks and pedestrian crossings Crosswalks / pedestrian crossings along intersection legs or mid-block crossings are patterned poured concrete each min width 8 ft. Distribution across min two intersections or mid-block crossings. Reduction of common area min by 333 sq ft each, calculated at max 8. 6. Access management a. Alleys or shared rear lanes placed to lessen the overall number of driveways along streets. Applies if there are alleys in excess of any min that other WDO sections require or are shared rear lanes: Reduction of common area min by: Min additional 15% of the lots have alley or shared rear lane access; or equal to 20% of the alley / shared rear lanes area(s); or Min 75% of all lots have alley or shared rear lane access. equal to 40% of the alley / shared rear lanes area(s). b. Shared driveways used to lessen the overall number of driveways along streets. Min 60% of the lots that do have conventional street access share their access among each other with joint driveways or driveways shared by 3-6 lots. Reduction of common area min by 150 square feet per joint or shared driveway. 7. Mews A “street without the street”, with landscaping in place of a travel lanes and parking, fronted by lots with vehicular access Standards: Min area 2,250 square ft (sq ft), narrowest dimension 30 ft. Cross section of min widths: clearance zone 2 ft, walkway min 8 ft, central landscaped area 10 ft, walkway 8 ft, and clearance zone 2 ft. As an alternative, one of the walkways may be Reduction of common area min by equal to 50% of the mews area(s). Calculated at a mews area max of whichever is smaller: where 12 ---PAGE BREAK--- Woodburn Development Ordinance Section 3.09 Page 263 from rear alleys. Similar to Figure 3.09A. 6 10 ft wide and other 6 ft. Ends: Where at the end of a mews sidewalk passes, sidewalk min width 8 ft extending between cross section walkways and with additional ROW or public access easement for the additional sidewalk width. Plaza: Min area 80 sq ft and extending between cross section walkways or sidewalks. Paved the same as per Section 3.04.04. Min of outdoor furniture per Footnote 7. Landscaping: Central area planted with medium or large trees min number equal to a ratio of 1 tree per 30 lineal ft of walkway or sidewalk, and remainder is lawn grass with groundcover or shrubbery as needed to meet applicable common area min plant unit value per Table 3.06A. or more lots front it, whatever the mews actual area; or, 5,940 square feet. Calculated also at max 12 mews. 9. Dog run subarea of common area An enclosed dog run for residents of the development. 6 Narrowest dimension 20 ft. Fenced with two gates or sets of gates that lessen canine escape. Reduction of common area min by 0.5%. 10. Double-use stormwater facility Stormwater management surface facility as ampitheatre or game or sports court. 6 A stormwater management surface facility, such as a detention (not retention) pond improved to double as an ampitheatre, terraced and with concrete or masonry seating and steps that incorporate lawn grass segments, a game or sports court, or both when not inundated or mostly full. Reduction of common area min by 11. Bus transit improvements - Above and beyond what other WDO sections require. Examples include any of bus shelter, bus shelter with pad, boarding pad, and signage. Unspecified. 1. The provisions in the presumptive standards column may be modified through the PUD process. 2. Fail safe provision / floor: In no case shall any item or item combination reduce total minimum common area to below 15%. The provisions in the exchange column shall not be modified through the PUD process except where an item specifies otherwise. 3. Reduction: For item 1a, to be clear and explicit, as in 30% minus 0.5% equals 29.5%. Percent reductions for other items calculate similarly. 4. If a developer uses Items 2 & 3 together, the common area reductions shall not double-count. Item 2 exchange shall be limited to additional sidewalk width and Item 3 limited to additional landscape strip width. 5. The Director may administratively shorten the median minimum extent standard by no more than 8 more feet per turn pocket. 6. Intended to remain on a common area tract as privately maintained. 7. Item 7 mews outdoor furniture: Developer choice of one of the following three sets: a. Metal tables and chairs: Min 1 table as freestanding and moveable, not installed or surface mounted. If one is mounted, it shall be placed to allow the other table to be moved next to it and ---PAGE BREAK--- Woodburn Development Ordinance Section 3.09 Page 264 remain atop pavement. Min 2 moveable chairs per table; b. Wood picnic benches/tables: Min 1; or c. Wood benches: Min 2. 7. Items 2-7 serve to implement Woodburn Comprehensive Plan Policies D-1.3 & D-1.5. 8. The Director may condition and customize any of the enhanced public amenities as a PUD requirement. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.09 Page 265 Figure 3.09A – Mews Example Plan and Aerial View 3.09.07 Modifications to an Approved Detailed Development Plan A. The Director may administratively approve minor modifications to an approved Detailed Development Plan. B. Major modifications are those that propose to change the proposed uses, increase density, relocate or reduce buildings, parking, or access points, reduce common area or the amenities provided in improved common area, or, in the opinion of the Director, are more than minor modifications. Major modifications to an Approved Detailed Development Plan shall be reviewed as a Modification of Conditions pursuant to Section 4.02.07. 3.09.08 Nullification A. Nullification of a PUD shall be reviewed as a Modification of Conditions pursuant to Section 4.02.07. The burden of proof is on the applicant to justify nullification of the PUD, giving substantial evidence that: 1. Developing the property under conventional standards and regulations will not create nonconforming development; 2. Special circumstances, such as building relationships, drainage ways, public improvements, topography, and so forth that were to be addressed through the PUD can be dealt with as effectively with conventional standards; 3. Conditions of approval of the PUD can be met with conventional standards, or are no longer necessary; and 4. No prior commitments involving the property (such as density transfer, public improvements and activities, building relationships, recreational facilities, open space, or phasing of development) were made that would adversely affect the property, other properties, or the City. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.09 Page 266 3.09.09 Owners/Tenants Association Any land and structures not dedicated to the public, but reserved for the common use of the owners or tenants, shall be subject to control by an association of owners or tenants. 3.09.10 Phasing A. A PUD may be developed in phases, pursuant to Section 5.03.05. B. Phases shall be functionally self-contained with regard to access, parking, utilities, open spaces, and similar physical features, and capable of occupancy, operation, and maintenance upon completion. C. The phased provision of common areas and improvements shall be roughly proportional to the development of housing and other elements intended for private ownership. D. At least one improved common area sized to accommodate a circle 25 feet in diameter shall be provided with the first phase. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.09 Page 267 This page is intentionally left blank to facilitate section formatting for printing and binding with each chapter starting on an odd-numbered page so that staff can insert in a binder to follow divider tabs. . ---PAGE BREAK--- Woodburn Development Ordinance Chapter 3.10 Page 268 3.10 Signs 3.10.01 Purpose 3.10.02 Applicability 3.10.03 Computation of Sign Area 3.10.04 Definitions 3.10.05 Sign Permit Required 3.10.06 General Requirements 3.10.07 Signs Exempt From Permit Requirements 3.10.08 Prohibited Signs 3.10.09 Temporary Signs 3.10.10 Permanent Sign Allowances 3.10.11 Nonconforming Signs 3.10.12 Electronic Changing Image Signs 3.10.01 Purpose A. To the maximum extent permitted by the U.S. and Oregon Constitutions, the purpose of these regulations is to preserve and improve the appearance of the City and to eliminate hazards to pedestrians and motorists brought about by distracting sign displays. The regulations for signs have the following specific objectives: 1. To ensure that signs are designed, constructed, installed and maintained according to minimum standards to safeguard life, health, property and public welfare; 2. To allow and promote positive conditions for sign communication, while at the same time avoiding nuisances to nearby properties; 3. To reflect and support the desired character and development patterns of the various zones and overlay zones and promote an attractive environment; 4. To allow for adequate and effective signs in commercial and industrial zones, while preventing signs from dominating the appearance of the area; 5. To improve pedestrian and traffic safety; and 6. To ensure that the constitutionally guaranteed right of free speech is protected. B. The regulations allow for a variety of sign types and sizes for a site. The provisions do not ensure or provide for every property or business owner’s desired level of visibility for the signs. The sign standards are intended to allow signs to have adequate visibility from streets that abut a site, but not necessarily to streets farther away. 3.10.02 Applicability These regulations apply to signs located within the City. The application of these regulations in no way limits the power of the City to enact other ordinances related to signs. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 269 3.10.03 Computation of Sign Area A. The area of freestanding signs and wall signs with one or more cabinets is the area of the display surface. B. The area of wall signs composed of individual elements, including, but not limited to, channel letters or painted letters or images, is the area of three rectangles around and enclosing the entire message or image. Figure 3.10A – Three Rectangles Enclose the Message or Image C. The area of A-frame signs is computed by th D. The area of freestanding and projecting signs faces when two display faces are parallel or other, and are part of the same sign structure. do not meet these criteria, or has more than t included when determining the area of the si Figure 3.10C – Sign Faces Less than 30 Degrees Apart Figure 3. 110B – Three Rectangles Enclose the Message or Image e measurement of one of the faces. is computed by the measurement of one of the within 30 degrees of being parallel to each For any sign that has two display surfaces that wo display surfaces, each surface shall be gn. Figure 3.10D – Sign Faces More than 30 Degrees Apart E. Where a sign is of a three-dimensional, round or irregular solid shape, the largest cross-section shall be used in a horizontal projection for the purpose of determining sign area. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 270 Figure 3.10E – Area of a Three-Dimensional Sign F. Sign area shall not include embellishments such as pole covers, decorative roofing, foundation or supports, provided there are no words, symbols or logos on such embellishments. 3.10.04 Definitions Words used in the WDO have their normal dictionary meaning, unless they are specifically defined by the WDO. Awning: A shelter projecting from, and supported by, the exterior wall of a building on a supporting framework. The awning may be constructed of rigid or non-rigid materials. Bench: A seat located upon or adjacent to public property, for the use of a combination of passersby or persons awaiting transportation. Building Code: The most current edition of the Oregon State Structural Specialty Code. Canopy: A permanent unenclosed roof structure for the purpose of providing shelter to patrons in automobiles. Complex: Any group of two or more buildings, or individual businesses within a single building, provided at least two of the businesses have separate exterior entrances, on a site that is planned and developed to function as a unit and which has common on-site parking, circulation and access. A complex may consist of multiple lots or parcels that may or may not be under common ownership. Display Surface: The area made available by the sign for the purpose of displaying a message or image. The display surface includes the area of the message or image and the background. Facade: The exterior face or wall of a building. Fluorescent (color): Strikingly bright, vivid, or glowing. Glare: Illumination of a sign that either directly, or indirectly from reflection, causes illumination on other properties or rights-of-way in excess of a measurement of 0.5 foot-candles of light, measured at the property line. Height: Height is measured from the lowest point of the grade below the sign (excluding artificial berm) to the topmost point of the sign. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 271 Marquee: A permanent roofed structure attached to, and supported by, a building, and projecting out from a building wall, or over public access, but not including a canopy or awning. Premises: The land and buildings contained within the boundaries of a single-tenant site or complex. Sign: Materials placed or constructed, or light projected, that conveys a message or image and is used to inform or attract the attention of the public. Signs, materials, or lights meeting this definition are commonly referred to as signs, placards, A-frame signs, posters, billboards, murals, diagrams, banners, pennants, flags, or projected slides, images or holograms. The scope of the term “sign” does not depend on the content of the message or image conveyed. Specific definitions for signs regulated in Section 3.10 include the following: A-Frame Sign: A double-faced temporary sign constructed with an A-shaped frame, composed of two sign boards attached at the top and separate at the bottom, not permanently attached to the ground, but secured to the ground or sufficiently weighted to prevent the sign from being blown from its location or easily moved. Figure 3.10F – A-Frame Sign Awning Sign: A sign attached to, or incorporated into, an awning. Balloon: An inflatable device less than 36 inches in its greatest dimension and anchored by some means to a structure or the ground. Banner Sign: A sign made of fabric or other non-rigid material with no enclosing framework. Bench Sign: A sign on an outdoor bench. Blimp: An inflatable device 36 inches or greater in its greatest dimension and anchored by some means to a structure or the ground. Changing Image Sign: A sign designed to accommodate routine changes of copy, images, or patterns of lights. Such signs include, but are not limited to, electronic signs incorporating LED, LCD, plasma, or projected light displays, and mechanical or manual changeable-copy signs. Drive-Through Sign: A sign located adjacent to the driveway leading to a drive-through window and not legible from the public right-of-way. Such signs typically display menus or other information to drive-through customers. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 272 Externally Illuminated Sign: A sign where the light source is separate from the sign and is directed so as to shine on the exterior of the sign. Flag: A sign made of fabric or other similar non-rigid material, supported or anchored along only one edge or supported or anchored at only two corners. Flashing Sign: A sign incorporating intermittent electrical impulses to a source of illumination or revolving in a manner which creates the illusion of flashing, or which changes colors or intensity of illumination more frequently than specified in Section 3.10.12.A. Freestanding Sign: A sign wholly supported by a sign structure in the ground. Freestanding signs include, but are not limited to, monument signs, pole signs, A-frame signs, and lawn signs. Illuminated Sign: A sign that incorporates light-emitting elements on or within the sign, or that is lit by external light sources directed at the sign. Internally Illuminated Sign: A sign where the light source is contained within the sign and is directed so as to shine on the interior of the sign. Lawn Sign: A temporary freestanding sign made of weather-resistant lightweight materials, that is supported by a frame, pole, or other support structure placed directly in the ground without foundation or other anchor. Figure 3.10G – Lawn Signs Monument Sign: A freestanding sign that is placed on a solid base that extends a minimum of one foot above the ground and extends at least 75 percent of the length and width of the sign. The aboveground portion of the base is considered part of the total allowable height of a monument sign. A monument sign less than 8 feet high need not have a solid base. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 273 Figure 3.10H – Pole and Monument Signs Moving Sign: A sign, EXCEPT a flag, balloon, or pennant, in which the display surface changes orientation or position. Moving signs include, but are not limited to, rotating signs, pinwheels, wind socks, and blimps. Nonconforming Sign: A sign lawfully established prior to the adoption of current standards or a sign lawfully established on property annexed to the City, which does not conform to the current sign standards. Pennant: A lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. Permanent Sign: Any sign other than a temporary sign. Pole Sign: A freestanding sign which exceeds eight feet in height. Portable Sign: A sign that is not affixed to a structure or the ground in a permanent manner and that may be moved easily from place to place. Projecting Sign: A sign, other than a wall sign, that projects from, and is supported by, a roof or wall of a building or structure and is generally at right angles to the building. Roof sign: Any sign erected upon, or extending above or over, the eave or roof of any building or structure. A sign erected upon a roof which does not vary more than 20 degrees from vertical shall be regulated as a wall sign. Figure 3.10I – Roof and Wall Signs ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 274 Subdivision Sign: A sign located on land in a recorded subdivision containing four lots or more. Suspended Sign: A sign suspended from the underside of a canopy, awning, arcade, marquee, or other roofed open structure and oriented to pedestrian traffic. Temporary Sign: A sign that is not permanently affixed or attached to a building, structure, or the ground. Temporary signs include, but are not limited to, A-frames, banners, flags, pennants, balloons, streamers, lawn signs, and portable signs. Unsafe sign: A sign constituting a hazard to safety or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, disaster, damage, abandonment or inability to meet lateral or vertical loads, as determined by the City of Woodburn Building Official. Wall Sign: Any sign attached to, or erected against, the wall of a building or structure, or attached to, or erected against, a roof which does not vary more than 20 degrees from vertical, with the exposed face of the sign in a plane parallel to the plane of the wall or roof, and which does not project more than 18 inches from the wall or roof. Figure 3.10J – Wall Sign on a Parapet Window Sign: A sign that is placed inside a building (such as placement on a windowsill), within six inches of a window, or attached to the inside of a window. Sign Maintenance: Normal care needed to keep a sign functional, such as painting, cleaning, oiling, and changing light bulbs. Maintenance does not include an alteration to the sign. Sign Repair: Fixing or replacement of broken or worn parts. Replacement includes comparable materials only. Repairs may be made with the sign in position or with the sign removed. Sign Structure: The structure, supports, uprights, braces, framework and display surfaces of a sign. Single-tenant Site: A development that is not a complex. Structural Alteration: Modification of a sign or sign structure that affects size, shape, height, or sign location; changes in structural materials; or replacement of electrical components with other than comparable materials. The replacement of wood parts with metal parts, the replacement of incandescent bulbs with light emitting diodes (LED), or the addition of electronic elements to a non-electrified sign are examples of structural alterations. Structural alteration does not include ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 275 ordinary maintenance or repair, repainting an existing sign surface, including changes of message or image, exchanging painted, pasted or glued materials on painted wall signs, or exchanging display panels of a sign through release and closing of clips or other brackets. 3.10.05 Sign Permit Required A. A sign permit is required to erect, replace, construct, relocate, or alter a sign, unless such sign is exempt under Section 3.10.07. To initiate consideration of a sign permit, a complete City application, accompanying information, and a filing fee must be submitted to the Director. The Director shall issue a sign permit if the applicant demonstrates compliance with all provisions of Section 3.10. B. Sign maintenance, sign repair and the changing of a sign display surface is allowed without obtaining a sign permit, so long as structural alterations are not made and the sign display surface is not altered in shape or size. C. If a building permit is required to erect the sign, the sign permit approval shall expire at the same time the building permit expires. If a building permit is not required to erect the sign, the sign permit approval shall expire 180 days from the date of approval, unless substantial construction of the sign has occurred. 3.10.06 General Requirements A. Location: No portion of a freestanding sign shall be located less than five feet from any boundary property line or in the Street Widening Setback area established by Section 3.03.02. B. Sign Maintenance: Signs and sign structures together with their supports, braces, guys, anchors and electrical components must be maintained in a proper state of repair. The Director may order the removal of any sign or sign structure that is not maintained. Signs and sign structures that are dangerous must be taken down and removed or made safe, as the Director deems necessary. C. Signs shall be constructed of weather-resistant material, such as combinations of metal, plastic, natural wood, and glass. Plywood, oriented strand board (OSB) and fiberboard are not considered weather-resistant materials. Paper products such as construction paper, poster board, and cardboard are not considered weather-resistant materials and are not allowed. Vinyl and cloth materials may be used only for temporary signs and awnings. D. Each sign should be designed to be consistent with the architectural style of the main building or buildings on the site. Signs should be designed to incorporate at least one of the predominately visual elements of the building, such as type of construction materials or color. The use of fluorescent colors or highly reflective materials is prohibited. E. Supporting elements of pole signs shall be covered, consistent with subsection above. The total width of pole covers shall be at least 30 percent of the sign display width. F. Freestanding signs shall appear to be a single unit and shall not have separate or detached cabinets or display surfaces that are not architecturally integrated into the primary display surface. G. Uplighting: Exterior uplighting of permanent signs is prohibited, and exterior lighting of ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 276 permanent signage shall conform to Section 3.11.02. 3.10.07 Signs Exempt From Permit Requirements The following are exempt from application and permit requirements of this Section, but are subject to other applicable portions of this Section and the City Code and may require building and electrical permits: A. Signs that are inside a building, except window signs, or signs that do not have a primary purpose of being legible from a public street or another property. Such signs include, but are not limited to, scoreboard signs, signs on the inside of ball field fences, signs within a stadium, and signs located within the site of a special event, such as a festival or carnival. B. Signs required by federal, state, or City law on private property, except signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for display), if the sign is no more than six square feet in area. Such signs include building addresses, handicap parking signs, designation of fire lanes, public hearing notices, and directional signs. C. Signs owned and maintained by federal or state agencies or by the City of Woodburn. D. Signs lawfully erected in the public right-of-way in accordance with applicable state and local laws and regulations, including public utility signs, traffic signs and traffic control devices. 3.10.08 Prohibited Signs The following signs and advertising devices are prohibited: A. A sign located on the roof of any building or structure B. A sign in public rights-of-way except awning, projecting, wall, and suspended signs projecting over a public right-of-way in conformity with Section 3.10, unless specifically allowed under Section 3.10.01 or exempt under Section 3.10.05 C. Internally illuminated awning sign D. A permanent sign located on an undeveloped lot or parcel, except subdivision signs E. A beacon light, searchlight, strobe light or a sign containing such lights F. Neon tubing on the exterior of a building G. A sign that imitates or resembles official traffic lights, signs or signals, or a sign that interferes with the effectiveness of any official traffic light, sign or signal H. An illuminated sign that produces glare I. A sign requiring a sign permit, but for which no sign permit has been issued J. A sign with visible incandescent bulbs or fluorescent tubes or a sign with a visible direct source of illumination, except neon, light-emitting diodes, or plasma displays, and not otherwise allowed under Section 3.10.10 or exempt under Section 3.10.07 K. An unsafe sign or a sign that constitutes a public nuisance L. A sign that incorporates flames or emits sounds or odors M. A sign supported in whole or in part by cables or guy wires, or that has cables or guy wires ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 277 extending to or from it N. Blimps O. Signs attached to utility poles or boxes, except those attached by the utility P. Flashing signs Q. Moving signs R. Existing permanent signs that come to be within widened ROW and streetside PUE resulting from development in conformance with Section 3.01, yet which a developer does not remove. S. Changing image temporary signs T. Flags with an aspect ratio (hoist to fly, or height to width) greater than 1:1 0.6:1 (allowed) 1:1 (allowed) 5.5:1 (prohibited) Figure 3.10K – Aspect Ratio of Flags 3.10.09 Temporary Signs A. Certain temporary signs that are not otherwise exempt under Section 3.10.07 may be approved for a limited period of time as a means of drawing attention to special events such as grand openings, carnivals, charitable events, seasonable openings, special promotions, etc. Approval of a Temporary Sign Permit application shall be required prior to placement of such signs. B. The Director shall approve an application for a Temporary Sign Permit only if it complies with the following approval criteria: 1. The following types of temporary signs are permitted with a Temporary Sign Permit: A-frames, banners, flags, pennants, balloons, strings of lights, streamers, and lawn signs. Temporary sign types not specified above, including other types of portable signs and blimps, are not permitted with a Temporary Sign Permit. 2. An owner or tenant of an individual property, a tenant in a complex, and the owner of a complex may obtain Temporary Sign Permits. 3. No temporary sign shall obstruct on-site pedestrian or vehicular access or circulation. 4. Temporary Sign Permits shall be limited to a specified number of 15-day periods per calendar year. Said periods may run consecutively; however, unused days from one ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 278 period shall not be added to another period. The number of Temporary Sign Permits ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 279 and maximum sign area shall be as follows: Temporary Signs in the RM and P/SP Zones Table 3.10.09A Use Type Time Maximum Number Maximum total sign area (square feet) Maximum height (feet) Any use Lawn or A-frame 45 days before a public election or the time the election is called, whichever is earlier, until seven days after the election 6 24 No individual sign may exceed six square feet in area • Lawn: 7 • A-frame: 3 All other times of the year 2 8 • Lawn: 7 • A-frame: 3 Decorations and lights relating to federal, state, or City recognized events, seasons, or holidays 45 days before the holiday or event, until 15 days after the holiday or event Unlimited Unlimited Unlimited Exempt from application and permit requirements Flags and window signs are listed with permanent signs, Table 3.10.10A. Temporary Signs in the RS and R1S Zones Table 3.10.09B Use Type Time Maximum Number Maximum total sign area (square feet) Maximum height (feet) Any use Lawn or A-frame 45 days before a public election or the time the election is called, whichever is earlier, until seven days after the election 6 24 No individual sign may exceed six square feet in area • Lawn: 7 • A-frame: 3 All other times of the year 2 8 • Lawn: 7 • A-frame: 3 ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 280 Temporary Signs in the RS and R1S Zones Table 3.10.09B Decorations and lights relating to federal, state, or City recognized events, seasons, or holidays 45 days before the holiday or event, until 15 days after the holiday or event Unlimited Unlimited Unlimited Exempt from application and permit requirements 1. Flags and window signs are listed with permanent signs, Table 3.10.10A. 2. Lawn signs and A-frame signs in the RS or R1S zone may be located in the public right-of- way provided that: a. The signs shall be established by the property owner or property owner’s agent; b. No sign may be established in the right-of-way of a Major Arterial street; c. Signs shall not be placed in vision clearance areas (Section 3.03.06) or in adjacent rights-of-way; d. Signs shall not be on or overhanging a travel or on-street parking lane; e. Signs shall not be on or overhanging a sidewalk; and f. No portion of a sign shall be less than three feet from the back of a curb. Temporary Signs in Commercial and Industrial Zones Table 3.10.09C Use Type Maximum Number Maximum total sign area (square feet) Maximum height (feet) 15-day periods Single-tenant nonresidential site All except A-frame Unlimited 200 Lawn: 7 4 A-frame • 1 in the DDC zone • 2 in all other zones 8 3 Unlimited 1 Nonresidential complex with less than 20 tenant spaces All except A-frame Unlimited 200 Lawn: 7 4 A-frame 1 in the DDC zone 2 in all other zones 8 3 Unlimited 1 Nonresidential complex with 20 or more tenant spaces All except A-frame Unlimited 400 Lawn: 7 6 A-frame 2 in all zones 8 3 Unlimited 1 ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 281 Temporary Signs in Commercial and Industrial Zones Table 3.10.09C Use Type Maximum Number Maximum total sign area (square feet) Maximum height (feet) 15-day periods Any use Decorations and lights relating to federal, state, or City recognized events, seasons, or holidays Unlimited Unlimited Unlimited 45 days before the holiday or event, until 15 days after the holiday or event Exempt from application and permit requirements 1. A-frame signs in the DDC zone shall conform to the following standards. a. The sign may be located on private property or in the public right-of-way. b. The sign shall not exceed three feet in width, three feet in height, and nine square feet in area. c. The sign shall be at least one foot from the curb so as to not interfere with on-street parking, d. A minimum access width of four feet shall be maintained along all sidewalks and building entrances accessible to the public. Signs should be placed either next to the building or at the curbside by a street tree, bench, or other public amenity so as to not block on-street parking. e. The sign permit shall be revocable in case of noncompliance. f. The sign shall not be placed in a vision clearance area (Section 3.03.06) or in adjacent rights-of-way. g. The sign shall be utilized only during business hours and shall be removed during non-business hours. h. The sign shall not be illuminated. i. The sign owner shall assume all liability for incidents involving the sign by signing a document exempting the City from liability. 2. Flags and window signs are listed with permanent signs, Tables 3.10.10B-E. 3.10.10 Permanent Sign Allowances Permanent signs shall not exceed the number, size, or height specified in the following tables, and shall comply with the other regulations noted in the following tables. Permanent Signs in RS, RSN, R1S, RM, RMN, and P/SP Zones Table 3.10.10A Monument Signs ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 282 Permanent Signs in RS, RSN, R1S, RM, RMN, and P/SP Zones Table 3.10.10A Use Allowance Non-residential use, less than 3 acres • Maximum 1 • Maximum 8 feet high • Maximum 20 square feet Non-residential use, 3 acres or more • Maximum 1 per street frontage • Maximum 2 signs • Maximum 8 feet high • Maximum 32 square feet each Multiple-family dwellings • Maximum 1 • Maximum 8 feet high • Maximum 20 square feet Subdivision with more than 4 lots or mobile home park with more than 4 spaces • Maximum 1 on each side of the entrance from a public street • Maximum 2 monument or wall signs total per public street entrance • Maximum 8 feet high • Maximum 20 square feet each Wall Signs Use Allowance Non-residential use, less than 3 acres • Maximum 1 • Maximum 20 square feet Non-residential use, 3 acres or more • Maximum 1 per wall facing a public street • Maximum 2 signs • Maximum 32 square feet each Single-family dwellings and dwellings other than multiple-family • Maximum 2 • Maximum 3 square feet total • Exempt from application and permit requirements Multiple-family dwellings • Maximum 1 • Maximum 20 square feet • Allowed by permit • Maximum 2 • Maximum 3 square feet total • Exempt from application and permit requirements ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 283 Permanent Signs in RS, RSN, R1S, RM, RMN, and P/SP Zones Table 3.10.10A Subdivision with more than 4 lots or mobile home park with more than 4 spaces • Maximum 1 on each side of the entrance from a public street • Maximum 2 monument or wall signs total per public street entrance • Maximum 20 square feet each • Allowed on freestanding walls only Flags Individual dwelling units in multiple- family dwellings • Maximum 1 per dwelling unit • Maximum 16 square feet • Must be attached to the dwelling unit • Exempt from application and permit requirements All other uses, including multiple-family dwellings • Maximum 3 • Maximum 40 square feet each • Maximum 40 feet high • Exempt from application and permit requirements Window Signs • Maximum 50 percent of window area on each facade • Exempt from application and permit requirements Bench Signs • Maximum 1 square foot per bench • Exempt from application and permit requirements 1. Pole, awning, marquee, canopy, projecting, and suspended signs are not allowed. 2. Changing image is allowed on monument signs only, up to 65 percent of the sign area, for nonresidential uses only. 3. Externally illuminated signs are allowed. Internally illuminated signs are not allowed, except for changing-image signs. 4. A sign on a freestanding wall shall not project above the wall. 5. Non-residential complexes with two or more buildings and multiple-family residential complexes with four or more buildings are allowed one additional sign per street access. Such signs shall be located a minimum of 50 feet from the public right-of-way. Each sign shall be limited to a maximum area of 24 square feet. Freestanding signs shall be limited to a maximum height of eight feet. Such signs typically display a directory or map of the complex. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 284 Permanent Signs in the CG Zone Table 3.10.10B Pole Signs 1 Frontage Freeway Overlay (See Figure 3.10L) Elsewhere Less than 100 feet Not allowed Not allowed 100-299 feet • Maximum 1 per single-tenant site or complex • Maximum 45 feet high • Maximum 200 square feet or 4.5 square feet per foot of actual height, whichever is less • Maximum 1 per single-tenant site or complex • Maximum 20 feet high • Maximum 32 square feet (single tenant) • Maximum 50 square feet (complex) 300-599 feet • Maximum 1 per single-tenant site or complex • Maximum 45 feet high • Maximum 200 square feet or 4.5 square feet per foot of actual height, whichever is less • Maximum 1 per single-tenant site or complex • Maximum 20 feet high • Maximum 50 square feet (single tenant) • Maximum 75 square feet (complex) 600- 999 feet • Maximum 1 per single-tenant site or complex • Maximum 45 feet high • Maximum 300 square feet or 6.7 square feet per foot of actual height, whichever is less • Maximum 1 per single-tenant site or complex • Maximum 20 feet high • Maximum 100 square feet 1,000-1,199 feet • Maximum 1 per single-tenant site or complex • Maximum 45 feet high • Maximum 550 square feet or 12.3 square feet per foot of actual height, whichever is less 1,200 feet or more • Maximum 1 per single-tenant site or complex • Maximum 45 feet high • Maximum 850 square feet or 18.9 square feet per foot of actual height, whichever is less Monument Signs 1 Frontage Allowance ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 285 Permanent Signs in the CG Zone Table 3.10.10B 1-299 feet • Maximum 1 per frontage on the same street • Maximum 4 signs per single-tenant site or complex. • Maximum 8 feet high • Maximum 32 square feet each 300 feet or more • Maximum 1 per frontage on the same street • Maximum 4 signs per single-tenant site or complex. • Maximum 8 feet high • Maximum 32 square feet each Wall Signs • Minimum 20 square feet • Maximum 6 percent of facade or 200 square feet, whichever is less • Allowance increases by 50 percent if the wall is more than 200 feet from the public right-of-way Awning or Marquee Signs • Deemed wall signs • Shall not extend above or below the awning or marquee Canopy Signs • Maximum 2 sides of canopy • Maximum 15 percent of canopy face or 50 square feet, whichever is less Projecting Signs • Not allowed on a site or complex with a pole or monument sign • Maximum 1 per single-tenant site or complex • Minimum 8 feet above ground • Maximum 24 square feet • Maximum 6 foot projection Suspended Signs • Maximum 1 at each entrance to a building or tenant space • Shall not project past the outer edge of the roof structure • Minimum 8 feet above ground • Maximum 6 square feet Drive-through Signs • Maximum 2 • Maximum 8 feet high • Maximum 8 feet wide Flags • Maximum 2 ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 286 Permanent Signs in the CG Zone Table 3.10.10B • Maximum 40 square feet each • Maximum 40 feet high • Exempt from application and permit requirements Window Signs • Maximum 50 percent of window area on each facade • Exempt from application and permit requirements Signs on Phone Booths and Product Dispensers • Maximum 3 square feet on an individual unit • Exempt from application and permit requirements Bench Signs • Maximum 1 square foot per bench • Exempt from application and permit requirements 1. A monument sign may not be established on the same frontage as a pole sign. 2. Changing image is allowed on freestanding signs only, up to 50 percent of the total sign area. 3. Externally or internally illuminated signs – except internally illuminated awnings – are allowed. 4. For signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for display), an additional 32 square feet may be incorporated into another sign, or may be installed as a separate wall or monument sign. The fuel price display area of such signs may be electronic changing-image. If the price of four or more fuel products is required to be displayed, the additional allowance shall be 42 square feet. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 287 Figure 3.10L – Freeway Overlay Permanent Signs in the CO Zone Table 3.10.10C Monument Signs • Maximum 1 per street frontage, 2 total • Maximum 8 feet high • Maximum 32 square feet each Wall Signs • Maximum 1 per tenant plus 1 to identify each building or complex • Maximum 4 percent of facade area Drive-through Signs • Maximum 2 • Maximum 8 feet high • Maximum 8 feet wide Flags • Maximum 2 • Maximum 40 square feet each • Maximum 40 feet high • Exempt from application and permit requirements ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 288 Permanent Signs in the CO Zone Table 3.10.10C Window Signs • Maximum 50 percent of window area on each facade • Exempt from application and permit requirements Signs on Phone Booths and Product Dispensers • Maximum 3 square feet on an individual unit • Exempt from application and permit requirements Bench Signs • Maximum 1 square foot per bench • Exempt from application and permit requirements 1. Pole, awning, marquee, canopy, projecting, and suspended signs, and changing-image signs are not allowed. 2. Externally or internally illuminated signs are allowed. Permanent Signs in the DDC, MUV and NNC Zones Table 3.10.10D Monument Signs • Maximum 1 per single-tenant site or complex • Maximum 8 feet high • Maximum 20 square feet Wall Signs • Minimum 16 square feet • Maximum 4 percent of facade or 50 square feet, whichever is less Drive-through Signs • Maximum 2 • Maximum 8 feet high • Maximum 8 feet wide Awning/Marquee Signs • Deemed wall signs • Shall not extend above or below the awning or marquee Projecting Signs • Not allowed on a frontage with a monument sign • Maximum 1 per single-tenant site or complex • Minimum 8 feet above ground • Maximum 12 square feet • Maximum 4 foot projection ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 289 Permanent Signs in the DDC, MUV and NNC Zones Table 3.10.10D Suspended Signs • Only at entrance to a building or tenant space • Minimum 8 feet above ground • Maximum 6 square feet • Shall not project past the outer edge of the roof structure Flags • Maximum 2 • Maximum 40 square feet each • Maximum 40 feet high • Exempt from application and permit requirements Window Signs • Maximum 50 percent of window area on each facade • Exempt from application and permit requirements Signs on Phone Booths and Product Dispensers • Maximum 3 square feet on an individual unit • Exempt from application and permit requirements Bench Signs • Maximum 1 square foot per bench • Exempt from application and permit requirements 1. Pole and canopy signs are not allowed. 2. Externally or internally illuminated signs – except internally illuminated awnings – are allowed. 3. Changing image is allowed on monument signs only, up to 50 percent of the total sign area. 4. For signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for display), an additional 32 square feet may be incorporated into another sign or may be installed as a separate wall or monument sign. The fuel price display area of such signs may be electronic changing-image. If the price of four or more fuel products is required to be displayed, the additional allowance shall be 42 square feet. ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 290 Permanent Signs in the IP, IL, and SWIR Zones Table 3.10.10E Monument Signs • Less than 300 feet of frontage • Maximum 1 per single-tenant site or complex • Maximum 32 square feet • Maximum 8 feet high • 300 feet or more of frontage • Maximum 1 per single-tenant site or complex • Maximum 1 additional if a complex has 2 street frontages over 300 feet each • Maximum 50 square feet each • Maximum 8 feet high Wall Signs • Minimum 16 square feet • Maximum 4 percent of facade or 150 square feet, whichever is less Awning/Marquee Signs • Deemed wall signs • Shall not extend above or below the awning or marquee Projecting Signs • Not allowed on a site with a monument sign • Maximum 1 per single-tenant site or complex • Minimum 8 feet above ground • Maximum 20 square feet • Maximum 4 foot projection Suspended Signs • Only at entrance to a building or tenant space • Minimum 8 feet above ground • Maximum 6 square feet • Shall not project past the outer edge of the roof structure Flags • Maximum 2 • Maximum 40 square feet each • Maximum 40 feet high • Exempt from application and permit requirements Window Signs • Maximum 50 percent of window area on each facade • Exempt from application and permit requirements ---PAGE BREAK--- Woodburn Development Ordinance Section 3.10 Page 291 Permanent Signs in the IP, IL, and SWIR Zones Table 3.10.10E Signs on Phone Booths and Product Dispensers • Maximum 3 square feet on an individual unit • Exempt from application and permit requirements Bench Signs • Maximum 1 square foot per bench • Exempt from application and permit requirements 1. Pole and canopy signs are not allowed. 2. At least 100 feet of separation is required between monument signs in the same complex. 3. Externally or internally illuminated signs – except internally illuminated awnings – are allowed. 4. Changing image is allowed on monument signs only, up to 50 percent of the total sign area. 5. For signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for display), an additional 32 square feet may be incorporated into another sign or may be installed as a separate wall or monument sign. The fuel price display area of such signs may be electronic changing-image. If the price of four or more fuel products is required to be displayed, the additional allowance shall be 42 square feet. 3.10.11 Nonconforming Signs A. Nonconforming signs may remain, provided they comply with the provisions of this Section. B. Nonconforming permanent signs shall comply with the provisions of Section 3.10 when one or more of the following occurs: 1. A nonconforming sign is expanded, relocated, replaced or structurally altered. A nonconforming sign may be reduced in area or height without losing nonconforming status. 2. The use of the premises upon which the sign is located terminates for a continuous period of 180 days or more. In a complex, if an individual tenant space is vacant for a continuous period of 180 days or more, only signs attached to such tenant space shall be required to comply with the provisions of Section 3.10. 3. The use of the premises upon which the sign is located changes. In a complex, if the use of an individual tenant space changes, only signs attached to such tenant space shall be required to comply with the provisions of Section 3.10. 4. A Conditional Use or Type III Design Review land use application is approved for the premises upon which the sign is located. In a complex, if an individual tenant space is the subject of a Conditional Use or Type III Design Review land use application, only signs attached to such tenant space shall be required to comply with the provisions of ---PAGE BREAK--- Woodburn Development Ordinance Chapter 4.01 Page 292 Section 3.10. 5. A nonconforming sign is damaged, destroyed, or deteriorated by any means where the cost of repairs exceeds 50 percent of its current replacement cost as determined by the Building Official. C. A nonconforming sign or sign structure may be removed for no more than 60 days to perform sign maintenance or sign repair. A nonconforming sign or sign structure removed for more than 60 days shall comply with the provisions of Section 3.10. D. Mandatory Removal of Nonconforming Signs. All nonconforming signs shall be brought into compliance with Section 3.10 by July 1, 2023, except that: 1. Nonconforming signs that are within 10% of both the area (total and per sign) and the height allowed under Section 3.10 and the sign otherwise conforms to Section 3.10 shall not be subject to the compliance period. However, once a nonconforming sign is removed as described in this Section, any replacement sign must comply in all respects to Section 3.10. 2. Nonconforming sign on property annexed into the City after January 1, 2023 shall comply with Section 3.10 within two years of the property’s annexation. 3.10.12 Electronic Changing Image Signs A. Electronic changing image signs shall change from one display to another display in a transition time of not more than two seconds. The display shall thereafter remain static for at least the following intervals: 1. RS, R1S, RM, and P/SP zones: 20 seconds. 2. DDC, CO, CG not in Freeway Overlay, IP, IL, and SWIR zones: eight seconds. 3. CG zone in Freeway Overlay: four seconds. B. No portion of an electronic changing image sign shall be brighter than as follows: 1. During daylight hours from sunrise to sunset, luminance shall be no greater than 3,000 candelas per square meter. 2. At all other times, luminance shall be no greater than 500 candelas per square meter. C. All electronic changing image signs shall be equipped with an automatic dimming feature that accounts for ambient light levels. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 4.01 Page 293 3.11 Lighting 3.11.01 Purpose and Applicability 3.11.02 Standards 3.11.01 Purpose and Applicability A. Purpose: To lessen glare and eyestrain interfering with walking, cycling, rolling along, and driving; to prevent nuisance and better protect nighttime sleepers’ circadian to reduce light pollution and advance “dark sky”; and to lessen off-street lighting from adding excess to or substituting for what street lights provide. B. Applicability: Applies outside ROW to all permanent exterior lighting for all development and uses, excepting residential that is other than multiple-family dwelling. Application includes the contexts of building exteriors, walkways and wide walkways, parking areas, signage, and off-street bicycle/pedestrian facilities. Where Section 3.11 might conflict with nuisance Ordinance No. 2338 (2003), Section 5A “Light Trespass” as is or as amended, the more stringent provision shall supersede. Strands of small electric lights known as any of holiday lights, mini lights, or twinkle lights are exempt. 3.11.02 Standards A. Full cut-off: All exterior lighting shall be full cut-off or fully shielded. Figure 3.11A illustrates examples of both unacceptable and acceptable fixtures. B. Heights: Mounting height limits as measured to light fixture underside shall be: 1. Wall: 8 feet above finished grade within 5 feet. a. Within a commercial or industrial zoning district and above a loading bay, berth, or dock, the height limit shall instead be 14.5 feet above vehicular grade. b. For all developments and uses, ground floor wall-mounted fixtures are exempt if: placed under a canopy, fixed awning, roof overhang, secondary roof, or building recess; a ground floor canopy or fixed awning is minimum 96 square feet and 8 feet narrowest dimension; a roof overhang or secondary roof is minimum 72 square feet and 8 feet narrowest dimension; a building recess is minimum 72 square feet and 8 narrowest dimension; an adjacent combination of building recess and, projecting from the main wall plane, either a ground floor canopy or fixed awning or a roof overhang or secondary roof, total minimum 72 square feet and 8 narrowest dimension; a ground floor canopy, fixed awning, roof overhang, secondary roof, or building recess is with maximum 14 feet height clearance above grade; and ---PAGE BREAK--- Woodburn Development Ordinance Chapter 4.01 Page 294 the fixture is mounted no lower than at the same level as the underside of the ground floor canopy or fixed awning or within and flush with the building recess ceiling. b. Uplighting: For purpose of accenting architecture, limited uplighting is allowed as follows: limited to wall-mounted or wall recessed track fixtures, allowed only below a building recess or projection such as a cornice, eave, or roof overhang, minimum 4 square feet and narrowest dimension 2 feet, fixture upside no lower than 6 feet from recess ceiling or projection bottom, and fixtures are full cut-off or fully shielded at and below the horizontal. 2. Poles within parking areas: 14.5 feet above vehicular grade within 5 feet of any parking or vehicular circulation area or its curbing. Parking area poles within 24 feet of ROW, greenways, or off-street public bicycle/pedestrian facilities, shall have the public-facing perimeter of the fixture underside with housing or a shield minimum 6 inches high. 3. Other poles: 10 feet above finished grade. Includes poles along walkways, wide walkways, and off-street bicycle/pedestrian facilities where they do not pass through or along parking areas. Within an industrial zoning district operations or storage yard, minimum 20 feet from a lot line the height limit shall instead rise to 20 feet. 4. Sports: Game court or sports field lighting have no maximum height per this section, but shall be set back minimum 20 feet from a lot line and an additional 1 ft for each additional foot above 20-foot height. 5. Installations or mountings on other than a building wall, free-standing wall, monument sign wall, or pole or than related to a game court or sports field shall be limited to one of the first four listed limits that best fits the context. C. Hue / color temperature: Excepting industrial development, if a fixture uses light emitting diode (LED) technology, it shall emit a warm, yellowish white light instead of cool, bluish white light. A color temperature within the range of 2,700 to 4,000 degrees Kelvin presumptively meets the requirement. D. Property line: Lighting shall not shine or reflect onto ROW, greenways, off- street public bicycle/pedestrian corridors, or adjacent residentially zoned property. Pole-mounted fixtures other than those in parking areas, and wall-mounted fixtures, that abut any of are exempt if they are sited within 20 feet of any of and conform to subsection B.1 or 3 above. E. [Reserved.] F. Plan review: The developer or contractor shall submit information, such as a site plan of fixture type installation locations and vendor cut or spec sheets, adequate to demonstrate conformance. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 4.01 Page 295 Figure 3.11A – Examples of Unacceptable & Acceptable Lighting Fixtures ---PAGE BREAK--- Woodburn Development Ordinance Chapter 4.01 Page 296 This page is intentionally left blank to facilitate section formatting for printing and binding with each chapter starting on an odd-numbered page so that staff can insert in a binder to follow divider tabs. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 4.01 Page 297 4.01 Decision-Making Procedures This Section provides the review and decision-making procedures by which all applications relating to the use of land authorized by ORS Chapters 92, 197 and 227 are reviewed and decided, as well as legislative enactments initiated by the City Council. 4.01.01 Application and Appeal Fees and Refunds 4.01.02 Assignment of Decision-Makers 4.01.03 Initiation of Applications 4.01.04 Completeness Review 4.01.05 120-Day Rule 4.01.06 Conditions of Approval 4.01.07 Consolidated Applications 4.01.08 Ex-Parte Contacts, Personal Site Observations, Conflicts of Interest and Bias 4.01.09 Initiation of a Legislative Proposal 4.01.10 Legislative Hearing Process 4.01.11 Notice of Decision 4.01.12 Objections to Procedure 4.01.13 Pre-application Conference 4.01.14 Public Notices 4.01.15 Quasi-Judicial Hearing Process 4.01.16 Requests of Continuance and to Keep the Record Open 4.01.17 Types of Decisions 4.01.01 Application and Appeal Fees and Refunds A. Fees: The City may adopt by ordinance or resolution, and revise from time to time, a schedule of fees for applications, appeals and other services provided by City departments. Fees shall be based upon the City’s actual or average cost of processing the application or conducting the appeal process, except where limited by State statute. B. Payment: All fees shall be due and payable at the time the application or appeal is submitted. No application or appeal shall be accepted without the proper fee being paid. C. Refunds: Fees will only be refunded as provided in this subsection: 1. When a fee is paid for an application, which is later found by the Director to not be required, the Director shall refund the fee. 2. When an error is made in calculating a fee, overpayment will be refunded. 3. In the event an applicant withdraws an application, the Director shall: a. Refund 100 percent of application fee prior to deeming the application complete; or b. Refund 50 percent prior to making the public notice; or c. Make no refund after completing the public notice. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 4.01 Page 298 4.01.02 Assignment of Decision-Makers: The following City entity or official shall decide the following types of decisions: A. Type I Decisions (Administrative): The Director shall render all Type I decisions. The Director’s decision is the City’s final decision on a Type I application and this decision is not appealable by any party through the City’s land use process. B. Type II Decisions (Quasi-Administrative): The Director shall render the City’s decision on all Type II applications, which are appealable to the City Council. The City Council may call up a Type II decision for review on its own motion. The City Council’s decision is the City’s final decision and is appealable to LUBA within 21 days after it becomes final. C. Type III Decisions (Quasi-Judicial): The Planning Commission shall render all Type III decisions EXCEPT for Type III design review, with or without a concurrent variance, which shall be decided by the Design Review Board, if one has been created by the City Council. A Type III decision is appealable to the City Council. The City Council may call up a Type III decision for review on its own motion. The City Council’s decision is the City’s final decision and is appealable to LUBA within 21 days after it becomes final. D. Type IV Decisions (Quasi-Judicial): The Planning Commission shall hold an initial public hearing on all Type IV permit applications before making a recommendation to the City Council. The City Council shall then conduct a de novo public hearing. The City Council’s decision is the City’s final decision on a Type IV application and is appealable to LUBA within 21 days after it becomes final. E. Type V Decisions (Legislative): Type V decisions involve legislative actions where the City Council enacts or amends the City’s land use regulations, comprehensive plan, Official Zoning Map or some component of these documents. Type V decisions may only be initiated by the City Council. The Planning Commission holds an initial public hearing on the proposal before making a recommendation to the City Council. The City Council then holds a final public hearing and renders a decision. Public notice is provided for all public hearings (Section 4.01.14). The City Council’s decision is the City’s final decision and is appealable to LUBA within 21 days after it becomes final. 4.01.03 Initiation of Applications A. The City Council may initiate any type of land use action by motion designating the appropriate City department to complete and file the application. B. An application for a land use action may only be initiated by the record property owner or contract purchaser, the City Council or Planning Commission. If there is more than one record owner, then the City will not accept an application without signed authorization from all record owners. 4.01.04 Completeness Review A. It is the responsibility of the applicant to demonstrate that all applicable criteria are satisfied. Within 30 days of the date the application is first submitted, the Director may require additional information to ensure all applicable approval criteria are addressed. In any event, ---PAGE BREAK--- Woodburn Development Ordinance Chapter 4.01 Page 299 the applicant is responsible for the completeness and accuracy of the application and all of the supporting documentation. The City will not deem the application complete until all information required by the Director is submitted and received, or the applicant requests in writing that the application be deemed complete. B. Within thirty days of receipt of the application, the Director shall review the application and all information submitted with it and evaluate whether the application is complete. If the application is incomplete, the Director shall notify the applicant in writing what information is missing. 1. Upon receipt of a letter from the Director indicating the application is incomplete, the applicant has 180 days within which to submit the missing information. If the applicant submits the requested information within the 180-day period, the Director shall again verify whether the application, as augmented, is complete. Each such review and verification shall follow the procedure prescribed in this Section. 2. If an incomplete application is not made complete within 180 days from the date it was first filed it shall become void on the 181st day. If an application becomes void under this subsection, the Director shall return all materials and refund the application fee as outlined above (Section 4.01.01) to the applicant. C. An application shall be deemed complete: 1. When the Director, within 30 days after the filing date, determines the application is complete; or 2. On the 31st day after filing if the applicant refuses in writing to submit the missing information; or 3. On the date that the applicant files the missing information if a notice of incompleteness was given; or 4. On the 31st day for any application not previously deemed complete if no incompleteness notice was given. D. The approval standards which control the City’s review and decision on a complete application are those which were in effect on the date the application was first submitted. 4.01.05 120-Day Rule A. The City shall take final action on the application within 120 days of the date that the application was deemed complete, unless the applicant extends the 120 day period. Any continuance or extension of the record requested by an applicant shall result in a corresponding extension of the 120-day period. B. When the 120-day Rule is Not Applicable: The 120-day rule does not apply to: 1. Any Type I decision; 2. Any application for an amendment to the City’s comprehensive plan; or 3. Any application for a permit, the approval of which depends upon a Comprehensive Plan amendment; ---PAGE BREAK--- Woodburn Development Ordinance Chapter 4.01 Page 300 4. Any application that is not wholly within the City’s authority and control; 5. Any Type V decision, or 6. Any annexation; or 7. Needed housing applications that meet the criteria of ORS 197.311. The City shall take final action on these applications within 100 days of the date that the application was deemed complete, unless the applicant extends the 100 day period. 4.01.06 Conditions of Approval A. All City decision-making bodies have the authority to impose conditions of approval reasonably related to impacts caused by the development or designed to ensure that all applicable approval standards are, or can be, met on Type II, III and IV decisions except annexation. All conditions of approval shall be clear and objective or if the condition requires discretion shall provide for a subsequent opportunity for a public hearing. B. Compliance with Conditions: 1. The applicant shall agree in writing that the applicant and successors shall be bound by the conditions prescribed for approval of the development. 2. Failure to comply with any condition of approval shall be the basis for revocation of the permit(s) and/or instituting code enforcement proceedings pursuant to the Section 4.02.10 and 4.02.11 and ORS 30.315. 4.01.07 Consolidated Applications An applicant may request, in writing, to consolidate applications needed for a single development project. Under a consolidated review, all applications shall be processed following the procedures applicable for the highest type decision requested. It is the express policy of the City that development review not be segmented into discrete parts in a manner that precludes a comprehensive review of the entire development and its cumulative impacts. 4.01.08 Ex-Parte Contacts, Personal Site Observations, Conflicts of Interest and Bias A. Declaration: Before the beginning of each hearing item, the chair shall ask the members of that decision-making body if there are any declarations of any ex-parte contacts, personal site observations, conflicts of interest, or bias. B. Ex- parte Contacts: Before rendering a decision, a member of the decision-making body may not communicate, directly or indirectly, with any person interested in the outcome. Should such communication occur, at the beginning of the hearing the member must: 1. Enter into the record the substance of the written or oral communication; and 2. Publicly announce the content of the communication and provide any person with an opportunity to rebut the substance of the contact. This rule does not apply to legislative proceedings or to communications between City staff and a member of the decision-making body. C. Personal Site Observations: A member of the decision-making body shall disclose into the ---PAGE BREAK--- Woodburn Development Ordinance Chapter 4.01 Page 301 record any personal site observations, and provide any person with an opportunity to rebut the substance of this disclosure. This rule does not apply to legislative proceedings. D. Conflicts of Interest: A member of the decision-making body shall review and observe the requirements of the Government Standards and Practices Law. All potential and actual conflicts of interest shall be publicly disclosed by the member and noted in the meeting minutes. A member shall not participate as a member of the decision-making body in any land use proceeding where the member has an actual conflict of interest. E. Bias: All decisions in quasi-judicial matters shall be fair, impartial and based on the applicable approval standards and the evidence in the record. A member of the decision- making body who is unable to render a decision on this basis in any particular matter shall refrain from participating in the deliberations or decision on the matter. This rule does not apply to legislative proceedings. 4.01.09 Initiation of a Legislative Proposal A. The City Council may initiate the consideration of a legislative decision by resolution. B. Actions initiated by the Council shall be referred to the Planning Commission for a public hearing and recommendation to the Council. C. The City Council shall hold the final public hearing on a proposed legislative decision. 4.01.10 Legislative Hearing Process A. Purpose: Legislative actions involve the adoption or amendment of the City’s land use regulations, comprehensive plan, Official Zoning Map, or some component of these documents. B. Planning Commission Recommendation: 1. The Planning Commission shall hold at least one public hearing before recommending action on a legislative proposal. Any interested person may appear and provide written or oral testimony on the proposal at or before the hearing. The Director shall notify the Oregon Department of Land Conservation and Development (DLCD) at least 35 days before the first hearing, or as required by the post-acknowledgment procedures of ORS 197.610 to 197.625, as applicable. 2. Once the Planning Commission hearing has been scheduled and noticed, the Director shall prepare and make available a report on the legislative proposal at least seven days before the hearing. 3. At the conclusion of the hearing, the Planning Commission shall adopt a recommendation on the proposal to the City Council. The Planning Commission shall make a report and recommendation to the City Council on all legislative proposals. If the Planning Commission recommends adoption of some form of the proposal, the Planning Commission shall prepare and forward to the City Council a report and recommendation to that effect. C. City Council Action: Upon receiving a recommendation from the Planning Commission on a legislative action, the City Council shall hold at least one public hearing on the proposal. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 4.01 Page 302 Any interested person may provide written or oral testimony on the proposal at or prior to the hearing. At the conclusion of the hearing, the City Council may adopt, modify or reject the legislative proposal, or it may remand the matter to the Planning Commission for further consideration. If the decision is to adopt at least some form of the proposal, and thereby enact or amend the City’s land use regulations, comprehensive plan, Official Zoning Map or some component of any of these documents, the City Council decision shall be enacted as an ordinance. D. Notice of Final Decision to DLCD: Not later than five working days following the City Council’s final decision, the Director shall mail notice of the decision to DLCD in accordance with ORS Chapter 197. 4.01.11 Notice of Decision The City shall send, by mail, a notice of all Type II, III and IV decisions to all persons with standing, including the applicant, all persons who appeared either orally or in writing before the close of the public record and any persons who requested notice of the decision. The notice of decision shall include the following information: A. The file number and date of decision; B. The name of the applicant, owner and appellant (if different); C. The street address or other easily understood location of the subject property; D. A brief summary of the decision, and if an approval, a description of the permit approved; E. A statement that the decision is final unless appealed and description of the requirements for perfecting an appeal; and F. The contact person, address and a telephone number whereby a copy of the final decision may be inspected or copies obtained. 4.01.12 Objections to Procedure Any party who objects to the procedure followed in any particular matter, including bias, conflict of interest and undisclosed ex-parte contacts, must make a procedural objection before the City renders a final decision. Procedural objections may be raised at any time before a final decision, after which they are deemed waived. In making a procedural objection, the objecting party must identify the procedural requirement that was not properly followed and identify how the alleged procedural error harmed that person’s substantial rights. 4.01.13 Pre-application Conference A. Applicability: Prior to submitting an application, the requestor or potential applicant shall request a pre-application conference with City staff to discuss the proposal before submitting any land use application, except as the Director exempts. A pre-application conference is advisory in nature. B. Purpose: The purpose of a pre-application conference is to provide staff from all affected ---PAGE BREAK--- Woodburn Development Ordinance Chapter 4.01 Page 303 City departments the opportunity to provide the applicant with information on the likely impacts, limitations, requirements, approval standards, fees and other information that may affect the proposal. The Director shall provide a written summary of the pre-application conference. C. Requirements for a Pre-application Conference: To schedule a pre-application conference, a complete City application, accompanying information, and filing fee must be submitted to the Director. D. No Waiver of Requirements: Notwithstanding any representations by City staff at a pre- application conference, staff is not authorized to waive any requirements of the Woodburn Development Ordinance and any omission or failure by staff to recite to an applicant all relevant applicable land use requirements shall not constitute a waiver by the City of any standard or requirement. 4.01.14 Public Notices All public notices issued by the City for decisions shall comply with the requirements of this Section. A. Mailed Notice. 1. Type II: After the Director has deemed a Type II application complete, the Director shall issue a decision. The City shall send notice of the decision, by mail, to all record owners of property within 250 feet of the subject property, and to any City recognized neighborhood associations whose territory includes the subject property. The City’s notice of decision shall include the following information: a. An explanation of the nature of the application and the proposed use or uses, which could be authorized; b. Street address or other easily understood location of the subject property; c. The name and telephone number of the planning staff person assigned to the application or who is otherwise available to answer questions about the application; d. A statement that the application and all supporting materials may be inspected at no cost, and copies may be obtained at reasonable cost, at City Hall during normal business hours; e. A statement that the decision will not become final until the period for filing an appeal to the City Council has expired and that the decision cannot be appealed directly to the Land Use Board of Appeals; and f. An explanation of appeal rights, including that any person who is adversely affected or aggrieved or who is entitled to written notice of the decision may appeal the decision. 2. Type III or IV: Notice for all initial public hearings concerning Type III and IV decisions shall conform to the requirements of this subsection. At least 10 days before the initial public hearing, the Director shall prepare and send, by mail, notice of the hearing to all record owners of property within 250 feet of the subject property and to ---PAGE BREAK--- Woodburn Development Ordinance Chapter 4.01 Page 304 any City-recognized neighborhood association whose territory includes the subject property. If an application would change the zone of property that includes any part of a mobile home or manufactured dwelling park, notice shall also be mailed to the tenants at least 20 days before but not more than 40 days before the initial public hearing. Notice of the application hearing shall include the following information: a. The time, date and location of the public hearing; b. The street address or other easily understood location of the subject property and city-assigned planning file number; c. A description of the applicant’s proposal, along with a list of citations of the approval criteria that the City will use to evaluate the proposal; d. A statement that any interested party may testify at the hearing or submit written comments on the proposal at or before the hearing, and that a staff report will be prepared and made available to the public at least seven days prior to the hearing; e. A statement that any issue which is intended to provide a basis for an appeal to the City Council must be raised before the close of the public record. Issues must be raised and accompanied by statements or evidence sufficient to afford the City and all parties to respond to those issues; f. A statement that the application and all supporting materials and evidence submitted in support of the application may be inspected at no charge and that copies may be obtained at reasonable cost at City Hall during normal business hours; g. The name and telephone number of the Planning staff person responsible for the application or who is otherwise available to answer questions about the application; and h. A statement advising that ADA access may be accommodated, upon receipt of a timely request. B. Posted Notice: Notice of an initial public hearing for a Type III or IV decision shall be posted on the subject property as follows: 1. The applicant shall post on the site at least one notice signboard provided by the Director for that purpose. The signboard shall be posted in a conspicuous place visible to the public on or in the vicinity of the property subject to the application. The signboard shall state with minimum two inch high letters the case file number and the telephone number where City staff can be contacted for more information. 2. The applicant shall post a notice on each frontage of the subject property. If the property’s frontage exceeds 600 feet, one copy of the notice shall be posted for each 600 feet or fraction thereof. Notices shall be posted within ten feet of the street and shall be visible to pedestrians and motorists. 3. The notice shall be posted at least 10 days prior to a public hearing. Once posted, the applicant need not maintain a posted notice. The applicant, upon posting shall certify that the property has been properly posted. 4. The applicant shall remove all signs within ten days following the event announced in ---PAGE BREAK--- Woodburn Development Ordinance Chapter 4.01 Page 305 the notice. C. Published Notice: The Director shall publish a notice of a Type IV or V public hearing as described in this subsection, unless otherwise specified by statute. The notice shall be published in a newspaper of general circulation within the City at least 7 days prior to the hearing. Such notice shall consist of: 1. The time, date and location of the public hearing; 2. The address or other easily understood location of the subject property; 3. A City-assigned planning file number; 4. A summary of the principal features of the application or legislative proposal; 5. A statement that any interested party may testify at the hearing or submit written comments on the proposal at or before the hearing; 6. The name and telephone number of the Planning staff person responsible for the proposal; 7. A statement advising that ADA access may be accommodated, upon receipt of a timely request; and 8. Any other information required by statute. D. Notice to Affected Agencies and Neighborhood Associations: 1. At least 10 days before the initial public hearing (Type III or IV) notice must be sent to any City-recognized neighborhood association whose territory includes the subject property. 2. At least 20 days before an initial public hearing (Type III & IV) or decision (Type II) for applications requiring submittal of a Transportation Impact Analysis notification shall be provided to the affected transportation facility and service providers (City, County, and State). 3. At least 20 days before an initial public hearing for a legislative decision (Type V) notice shall be sent to affected governmental entities (special districts, County, and State). 4. At least 20 days before an initial public hearing for a legislative decision (Type V) to any affected recognized neighborhood associations and any party who has requested in writing shall receive such notice. 4.01.15 Quasi-Judicial Hearing Process A. Applicable Procedures: All public hearings pertaining to Type III and IV permits, whether before the Planning Commission, Design Review Board, or City Council, and any appeal or review for a Type II, III or IV permit, shall comply with the procedures of this Section. In addition, all public hearings shall comply with the Oregon Public Meetings Law, the applicable provisions of ORS 197.763 and any other applicable law. B. Scheduling: Once the Director determines that an application for a Type III or IV decision is complete, the Director shall schedule a hearing before the Planning Commission or ---PAGE BREAK--- Woodburn Development Ordinance Chapter 4.01 Page 306 Design Review Board, as applicable. If the Director has doubt about which type of procedure is applicable to a particular application, the application shall be processed pursuant to the procedure that provides the greater opportunity for public review. Once the Director determines that an appeal of a Type II or Type III decision has been properly filed, or that the City Council has called the decision up for review, the Director shall schedule a hearing before the City Council. C. Public Hearing Notice: Notice of the hearing shall be issued as provided by this Ordinance. D. Staff Report: The Director shall prepare a staff report on the application which lists the applicable approval criteria, describes the application and the applicant’s development proposal, summarizes all relevant City department, agency and public comments, describes all other pertinent facts as they relate to the application and the approval criteria, concludes whether each of the approval criteria are met and makes a recommendation to approve, approve with conditions, or deny the application. E. Conduct of Quasi-Judicial Hearings: At the beginning of the public hearing at which any quasi-judicial application or appeal is reviewed, a statement shall be made to those in attendance that states that: 1. The applicable substantive criteria; 2. The hearing will proceed in the following general order: staff report, applicant’s presentation, testimony in favor of the application, testimony in opposition to the application, rebuttal, record closes, deliberation and decision; 3. All testimony and evidence submitted, orally or in writing, must be directed toward the applicable approval criteria. If any person believes that other criteria apply in addition to those addressed in the staff report, those criteria must be identified and discussed on the record. The decision-maker may reasonably limit oral presentations in length or content depending upon time constraints and to content that is relevant to applicable approval criteria. Any party may submit written materials while the public record is open; 4. Failure to raise an issue on the record accompanied by statements or evidence sufficient to afford the City and all parties an opportunity to respond to the issue, will preclude appeal on that issue to LUBA; 5. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the decision maker to respond to the issue precludes an action for damages in Circuit Court; and 6. Any party wanting a continuance or to keep open the record must make that request while the record is still open. 4.01.16 Requests of Continuance and to Keep the Record Open A. The decision-maker may continue the hearing from time to time, to allow the submission of additional information or for deliberation without additional information. Similarly, the decision-maker may close the hearing, but keep the record open for the submission of additional written material or other documents and exhibits. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 4.01 Page 307 B. Before the conclusion of the initial evidentiary hearing, any participant may request an opportunity to present additional evidence. The decision-maker shall grant the request by either continuing the hearing or allowing the record to remain open for at least seven days. 1. If the decision-maker grants a continuance: a. The hearing shall be continued to a date, time and place at least seven days from the date of the initial evidentiary hearing. b. An opportunity shall be provided at the continued hearing for persons to present and rebut new evidence, arguments or testimony. c. If new written evidence is submitted at the continued hearing, any person may request, before conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence, arguments or testimony for the purpose of responding to the new written evidence. 2. If the decision-maker holding the hearing leaves the record open: a. The record shall be left open for at least seven days for additional written evidence, arguments or testimony. b. If new evidence is submitted during the period the record was left open, any participant may file a written request for an opportunity to respond to the new evidence and the decision-maker shall reopen the record. 3. If the decision-maker reopens a record to admit new evidence, arguments or testimony, any person may raise new issues which relate to the new evidence, arguments, testimony or criteria for decision-making which apply to the matter at issue. 4. Any continuance or extension of the record granted shall be subject to the limitations of the 120-day rule. Any continuance or extension of the record requested by an applicant shall result in a corresponding extension of the 120-day period. 5. Unless waived by the applicant, the decision-maker shall allow the applicant at least seven days after the record is closed to allow other parties to submit final written arguments, but not new evidence, in support of application. C. The decision-maker may limit the factual and legal issues that may be addressed in any continued hearing or open record period. D. The City Council may call up a Planning Commission or Director’s decision for review, and shall consider; 1. The Planning Commission or Director’s decision. 2. The applicant and other parties shall have an opportunity to present testimony, arguments and evidence on all applicable criteria. 3. The City Council may limit the issues that it will allow. 4. The rights of participants to continuances or open records, applicable to the initial public hearing, do not apply. E. If the decision is appealed, the City Council shall consider: 1. The Planning Commission or Director’s decision. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 4.01 Page 308 2. The applicant and other parties shall have an opportunity to present testimony, arguments and evidence on all applicable criteria. 3. The presentation of testimony, arguments and evidence shall not be limited to issues raised in a notice of appeal. 4. The rights of participants to continuances or open record persons applicable to initial public hearings do not apply. 4.01.17 Types of Decisions A. Type I Decisions (Administrative): Type I decisions do not require interpretation or the exercise of policy or legal judgment in evaluating approval criteria. Because no discretion is involved, Type I decisions do not qualify as a land use, or limited land use decision. The decision-making process requires no notice to any party other than the applicant. The Director’s decision is final and is not appealable by any party through the City land use process. B. Type II Decisions (Quasi-Administrative): Type II decisions involve the exercise of limited interpretation or exercise of policy or legislative judgment in evaluating approval criteria. The Director’s decision is appealable to the City Council with notice to the Planning Commission, by any party with standing applicant and any person who was mailed a notice of decision). The City Council then conducts a de novo public hearing. The City Council decision is the City’s final decision and is appealable to LUBA within 21 days after it becomes final. C. Type III Decisions (Quasi-Judicial): Type III decisions involve significant discretion and evaluation of subjective approval standards, yet are not required to be heard by the City Council, except upon appeal. The process for these land use decisions is controlled by ORS 197.763. Notice of the application and the Planning Commission or Design Review Board hearing is published and mailed to the applicant, recognized neighborhood associations and property owners within 250 feet of the subject property. D. Type IV Decisions (Quasi-Judicial): Type IV decisions involve the greatest amount of discretion and evaluation of subjective approval standards and are directed at a closely circumscribed factual circumstance or relatively small number of persons. Type IV decisions must be heard by the City Council before a final decision can be rendered. Included are small scale annexations, comprehensive plan map amendments, and Official Zoning Map amendments. The process for these land use decisions is controlled by ORS 197.763. E. Type V Legislative Decisions (Legislative): Type V decisions involve legislative actions where the City Council enacts or amends the City’s land use regulations, comprehensive plan, Official Zoning Map or some other component of any of these documents where changes are such a size, diversity of ownership or interest as to be legislative in nature under State law. Large-scale annexations are included, as well as adopting or amending the Comprehensive Plan or the Woodburn Development Ordinance. The Planning Commission holds an initial public hearing on the proposal prior to making a recommendation to the City Council. The City Council then holds a final de novo public hearing and makes the City’s ---PAGE BREAK--- Woodburn Development Ordinance Chapter 4.02 Page 309 final decision. Public notice is provided for all public hearings. The City Council’s decision is the City’s final decision and is appealable to LUBA within 21 days after it becomes final. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 4.02 Page 310 This page is intentionally left blank to facilitate section formatting for printing and binding with each chapter starting on an odd-numbered page so that staff can insert in a binder to follow divider tabs. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 4.02 Page 311 4.02 Review, Interpretation and Enforcement 4.02.01 Appeals of Type II and III Decisions 4.02.02 Call-Up Review by the City Council: Type II and III Decisions 4.02.03 Enforcement 4.02.04 Expiration of a Development Decision 4.02.05 Extension of a Development Decision 4.02.06 Interpretation 4.02.07 Modification of Conditions 4.02.08 Performance Guarantees 4.02.09 Reapplication Limits 4.02.10 Revocation or Modification of a Previously Approved Permit 4.02.11 Transfer of Approval Right 4.02.12 Fees in-Lieu 4.02.01 Appeals of Type II and III Decisions Appeals of any final decisions by the City must comply with the requirements of this Section. A. Standing to Appeal: The following rules prescribe who has the standing to appeal: 1. Type I (Administrative): Type I decisions by the Director are not appealable to any other decision-maker within the City. 2. Type II (Quasi-Administrative): For Type II decisions, only those persons who are adversely affected or aggrieved or who are entitled to notice have standing to appeal a Director’s decision to the City Council. 3. Type III (Quasi-judicial): For Type III decisions, only those persons who participated either orally or in writing, or who are adversely affected or aggrieved have standing to appeal the decision of the Planning Commission or Design Review Board to the City Council. 4. Type IV (Quasi-Judicial): Type IV decisions are appealable to the Land Use Board of Appeals. B. Notice of Intent to Appeal: 1. A notice of intent to appeal any Type II or Type III decision must be received in writing by the Director within twelve (12) days from the date notice of the decision is mailed to those entitled to notice. Late filing of any appeal shall be a jurisdictional defect and will result in the automatic rejection of any appeal so filed. 2. The following must be included as part of the notice of appeal: a. The Department’s file number and date the decision to be appealed was rendered; b. The name, mailing address and daytime telephone number for each appellant; c. A statement of how each appellant has standing to appeal; d. A statement of the grounds for the appeal; and e. The appropriate appeal fee. Failure to include the appeal fee for the costs of appeal ---PAGE BREAK--- Woodburn Development Ordinance Section 4.02 Page 312 and transcript fee within the appeal period is a jurisdictional defect and will result in an automatic rejection. If an appellant prevails at hearing or on appeal, the transcript fee shall be refunded. C. Notice of the Appeal Hearing: The Director shall issue notice of the appeal hearing to all parties who signed in or participated, either orally or in writing, before the close of the public record. Notice of the appeal hearing shall contain the following information: 1. The file number and date of the decision being appealed; 2. The time, date and location of the public hearing; 3. The name of the applicant, owner and appellant (if different); 4. The street address or other easily understood location of the subject property; 5. A description of the permit requested and the applicant’s development proposal; 6. A brief summary of the decision being appealed and the grounds for appeal listed in the notice of appeal; 7. A statement that the appeal hearing is confined to the issues raised in the notice of appeal; and 8. A general explanation of the requirements for participation and the City’s hearing procedures. 4.02.02 Call-Up Review by the City Council: Type II and III Decisions A. Authority: Whether or not an appeal is filed, the City Council may, by majority vote, initiate a review of a Type II or III decision. B. Procedures: 1. A summary of all Type II and III decisions shall be forwarded to the City Council as an information item by the Director at the time the decision is mailed to the applicant. 2. Review under this Section shall be initiated before the adjournment of the first regular City Council meeting, following the date the City Council receives notification of the decision. 3. Review shall replace a filed appeal of the decision. The appellants of any appeal filed before a City Council call for review, shall receive a full refund of the filing fee. 4. The City Recorder will set the hearing date for the City Council review, considering the 120-day rule. 5. The notice, hearing and decision procedures for a City Council review shall follow the provisions of the Woodburn Development Ordinance provided for appeals. 4.02.03 Enforcement A. Inspection and Right of Entry: When necessary to investigate a suspected violation of the Woodburn Development Ordinance, or an application for or revocation of any permit issued ---PAGE BREAK--- Woodburn Development Ordinance Section 4.02 Page 313 under this ordinance, the Director may enter on any site or into any structure open to the public for the purpose of investigation, provided entry is done in accordance with law. Without a search warrant, no site or structure that is closed to the public shall be entered without the consent of the owner or occupant. B. Abatement: Any use or structure established, operated, erected, moved, altered, enlarged, painted, or maintained contrary to the Woodburn Development Ordinance is unlawful and a public nuisance, and may be abated. C. Civil Proceeding Initiated by City Attorney: The City Attorney, after obtaining authorization from the City Council, may initiate a civil proceeding on behalf of the City to enforce the provisions of the Woodburn Development Ordinance. This civil proceeding may include, but is not limited to, injunction, mandamus, abatement, or other appropriate proceedings to prevent, temporarily or permanently enjoin, abate, or set aside any use or structure established, operated, erected, moved, altered, enlarged, painted or maintained contrary to the Woodburn Development Ordinance, including revocation of all permits, to prevent, enjoin, abate or remove the unlawful location, construction, maintenance, repair, alteration or use. D. Civil Infraction: In addition to, and not in lieu of any other enforcement mechanisms, a violation of any provision of the Woodburn Development Ordinance constitutes a Class 1 Civil Infraction. Each violation is a separate infraction. Each violation of the Woodburn Development Ordinance constitutes a separate Civil Infraction, and each day that a violation of the WDO is committed or permitted to continue shall constitute a separate Civil Infraction. E. Remedies – Cumulative: The remedies provided for in this Section are cumulative and not mutually exclusive. 4.02.04 Expiration of a Development Decision A. Decisions that Do Not Expire: A final decision on a change to the comprehensive plan, the Official Zoning Map, land use regulations or some component of these documents shall be permanent. B. Expiration Period: A final decision on any application shall expire within three years of the the final decision date unless: 1. The City has issued a building permit to exercise the right granted by the decision; 2. The activity approved in the decision has commenced; or 3. The City has approved a time extension per Section 4.02.05. Regarding subsection B.1 above, if by 10 years past the final decision date there is no substantial construction as Section 1.02 defines following issuance of a building permit, the final decision shall expire and fail to vest. Regarding subsection B.2 above as applies to Property Line Adjustment, Consolidation of Lots, and Partition and Subdivision Final Plat Approval application, the developer shall complete recordation no later than the land use expiration date. The Director may apply the recordation requirement also to final decisions that pre-date June 8, 2022, which was the effective date of Ordinance No. 2602 that codified this ---PAGE BREAK--- Woodburn Development Ordinance Section 4.02 Page 314 provision, and that have uncompleted recordations. C. New Application Required: Expiration of a final decision shall require a new application for any use or development on the subject property that is not otherwise allowed outright. D. Deferral of the Expiration Period Due to Appeals: If a final decision is appealed to a review body beyond the jurisdiction of the City, the expiration period for the decision shall not begin until review before LUBA and the appellate courts has been completed, including any remand proceedings before the City. The expiration period provided for in this Section will begin to run on the date of final disposition of the appeal. 4.02.05 Extension of a Development Decision The effective time period of a final decision may be extended for up to two years by the Director, subject to a Type II application. The request shall be approved unless significant changes have occurred to this ordinance or the use is no longer allowed as originally approved. In making a decision to grant the extension, the Director shall consider if there is a need to modify the decision or conditions of approval to meet standards in affect at the time of the extension request. If the Director determines that there is such need, the applicant shall apply also for Modification of Conditions per Section 4.02.07. 4.02.06 Interpretation A. Interpretations, Generally 1. An ambiguous term in the Woodburn Development Ordinance may be interpreted in the final decision of any Type II, III or IV application or by a request for a formal interpretation by the City Council. A request for a formal interpretation may be initiated by the Director when, in the administration of the Code, the Director deems it appropriate that a question as to the intent of the Woodburn Development Ordinance be formally rather than administratively resolved. Alternatively, any person, upon application, may request a formal interpretation. 2. The purpose of a formal interpretation is to clarify the intent of the Woodburn Development Ordinance and its application in particular circumstances. The Council shall not, by interpretation, vary or modify any clear and unambiguous provisions of this ordinance. Formal interpretations shall be processed as a Type IV application. 3. Formal interpretations made by the Council shall control future administration and enforcement of the Woodburn Development Ordinance until vacated or superseded by Council or incorporated as an amendment of the Woodburn Development Ordinance. 4. The Director shall keep a log of all formal interpretations. ---PAGE BREAK--- Woodburn Development Ordinance Section 4.02 Page 315 B. Interpretation and Application of Code Language 1. The terms or words used in this Code shall be interpreted as follows where the context demands: words in the present tense include the future; the singular number includes the plural and the plural number includes the singular; the word “shall” is mandatory and not discretionary; the word “may” is permissive; the term “should” is discretionary, the masculine gender includes the feminine and neuter; the term “this Code” shall be deemed to include the text of this Code, the accompanying Official Zoning Map and all amendments made hereafter to either; the term “standard” indicates a mandatory requirement; the term “guideline” indicates a norm that is accepted in the community but which is not a mandatory requirement. 2. The Director shall have the initial authority and responsibility to interpret all terms, provisions and requirements of this Code. The City Council shall have the final authority to interpret all terms, provisions and requirements of this Code. 3. The Code shall be read literally. Regulations are not more or less strict than as stated. 4. Proposals for uses where the code is silent or where the rules of the Code do not provide a basis for concluding that the use is allowed, are prohibited. 5. Uses of land not expressly allowed or not incidental to a permitted or conditional use are prohibited. 6. Where it is unclear whether or in what manner sections of this Code apply to a given situation, or if terms or sections are ambiguous or vague, the following should be applied as warranted under the circumstances: a. Terms defined in Section 1.02 (Definitions) have specifically stated meanings unless the context clearly requires otherwise. b. Terms not defined in Section 1.02 (Definitions) shall have the meaning set forth in the New Oxford American Dictionary, 2010 edition. c. This Code shall be interpreted reasonably, reading questioned regulations in relation to other sections such that an interpretation most fully effectuates the intent and purpose of the regulations. 7. This Code shall be interpreted most favorably to provide all necessary authority to carry out its purposes and provisions. 4.02.07 Modification of Conditions Any request to modify a condition of approval is to be considered pursuant to the procedure and the standards and criteria applicable to a new application of the type of permit or zone change that is proposed to be amended, except that the modification of a condition limiting the use of property may only be considered as a Type IV Official Zoning Map Change application. ---PAGE BREAK--- Woodburn Development Ordinance Section 4.02 Page 316 4.02.08 Performance Guarantees A. When an applicant has an obligation to construct or improve public facilities or to construct improvements imposed as a condition of approval, the obligation shall be fulfilled prior to the issuance of a building permit unless the City Administrator has granted a written waiver of this requirement and the applicant has filed with the City Administrator a performance guarantee. The performance guarantee shall state the nature of the obligation, the time in which the obligation is to be met, identify the property subject to the obligation and contain security in a form acceptable to the City Administrator and in an amount equal to 150 percent, or more if the City Administrator specifies, of the cost of fulfilling the obligation as estimated by the City Administrator for the year in which fulfillment of the obligation is anticipated. A sufficient performance bond, cash deposit or a letter of credit are considered acceptable forms of security. Return of the security to the applicant shall be conditional upon the applicant fulfilling the obligation. B. As an additional and separate part of the performance guarantee, the applicant shall agree to maintain the public facility or improvement for a period of one year following acceptance by the City Administrator, to include but not be limited to repair, replacement and all things necessary to ensure its operational integrity. C. The security shall be forfeited to the City if the applicant does not fulfill the requirements stated in the performance guarantee and the City may use the security to complete the obligation or any part of it. Until the obligation is completed, the security shall remain in the custody of the City or shall be placed in an escrow account subject to City control. D. Upon receipt of written notice to the City Administrator that the public facility or required improvement has been completed and is ready for final inspection and acceptance, the City Administrator shall, with ten calendar days, make such inspection. If the City Administrator finds the work to be acceptable, there shall be issued a final certificate stating the work has been completed and accepted. E. If the City Administrator determines that an applicant has failed to fulfill the obligation to complete the public facility or required improvement, written notice shall be given detailing the failure and stating the City’s intention to use the security given to complete the obligation. If the City completes the obligation and the required security is not sufficient to compensate the City for costs incurred, the excess amount due to the City, plus a ten percent administrative charge, shall constitute a lien in favor of the City upon the real property subject to the obligation. F. The lien attaches upon entry in the City lien docket and the giving of notice of the claim for the amount due for the completion of the obligation. The notice shall demand the amount due, allege the insufficiency of the bond or other security to compensate the City fully for the cost of the fulfillment of the obligation, and allege the applicant’s failure to complete the required obligation. G. Once docketed, the lien may be foreclosed in the manner prescribed by ORS Chapter 223 for foreclosing liens on real property. ---PAGE BREAK--- Woodburn Development Ordinance Section 4.02 Page 317 4.02.09 Reapplication Limited 1. If the application is denied or withdrawn following the close of the public hearing, no reapplication for the same or substantially similar proposal may be made for one year following the date of the final decision. 2. This Section shall not apply to Conceptual Development Plans for Planned Unit Developments (Section 3.09.04). 4.02.10 Revocation or Modification of a Previously Approved Permit A. Authority to Revoke or Modify: The Planning Commission may initiate a proceeding to revoke or modify a quasi-judicial permit if the Planning Commission determines there is a substantial likelihood that any of the following conditions exists: 1. An applicant, or the applicant’s successor in interest, fails to fully comply with one or more conditions of permit approval, or otherwise does not comply fully with the City’s approval. 2. An applicant, or the applicant’s successor in interest, failed to complete the work within the time frame or in the manner approved without obtaining an extension of time or modification of the permit from the granting authority. 3. The activities of the use, or the use itself, are substantially different or have substantially increased in intensity from what was approved. 4. When the use is subject to the nonconforming use regulations, the applicant has not obtained approval, or has substantially changed the use or substantially increased the intensity of the use after the use became nonconforming. 5. The applicant or the applicant’s representatives either intentionally or unintentionally committed a material misrepresentation of fact in the application or the evidence submitted in support of the application. 6. For purposes of this Section, “material misrepresentation of fact” means a misstatement of factual information that: a. Was submitted by the applicant in support of the application; b. Could have been corrected by the applicant at the time of application; and c. Formed the sole basis for approval of the application pursuant to an applicable approval criterion. 7. A “material misrepresentation of fact” does not include misstatements of fact made by City staff or caused by failure of another party to appear or adequately testify. B. Process for Revocation or Modification: Revocation or modification shall be processed as a Type IV decision. The Director shall have the burden of proving, based on substantial evidence in the whole record, that the applicant or the applicant’s successor has in some way violated the City’s approval. ---PAGE BREAK--- Woodburn Development Ordinance Section 4.02 Page 318 C. Possible Actions at the Revocation Hearing: Depending on the situation, the City may take any of the actions described below. If the decision is to modify the permit, the City may not approve a use that is more intense than originally approved, unless the possibility of this change has been stated in the public notice. Uses or development which are alleged to have not fulfilled conditions, violate conditions or to be inconsistent with the City’s approval may be subject to the following actions: 1. The City may find that the use or development is complying with the conditions of the approval. In this case, the permit shall not be altered. 2. The City may modify the permit if it finds that the use or development does not fully comply with the conditions of approval or otherwise does not comply with what was approved, that the violations are not substantial enough to warrant revocation and that the use can comply with the original approval criteria if certain conditions are met. In this case, the City may modify the existing conditions, add new conditions to ensure compliance with the approval criteria, or refer the case to the code compliance officer for enforcement of the existing conditions. 3. The City may revoke a permit if it finds there are substantial violations of conditions or failure to implement conditions of a permit, such that the original approval criteria for the use or development are not being met. D. Effect of Revocation: In the event permit approval is revoked, the use or development becomes illegal. The use or development shall be terminated within thirty days of the date that all appeals periods have been exhausted, unless the decision provides otherwise. In the event the City Council’s decision on a revocation request is appealed, the revocation action shall be automatically stayed until the appeal is resolved. 4.02.11 Transfer of Approval Right Any final decision granted under this ordinance shall run with the land and shall transfer with ownership of the land, unless otherwise specified in the decision. Any conditions, time limits or other restrictions imposed with a decision shall bind all subsequent owners of the subject property. 4.02.12 Fees in-Lieu A. In lieu of public improvements: 1. Permissible if the Director allows, whether wholly in-lieu for one, some, or all of the kinds of required improvements or for some or all of a kind. 2. Fees in lieu of public improvements are due before either building permit application or, when and where any of Partition or Subdivision Final Plat is involved, completion of recordation with the County, specifically no later than before a City official signs a plat or re-plat Mylar per Section 5.01.06C.1. A developer may request in writing to pay later, specifically by issuance of building permit, or if the Director allows, across issuance of two or more structural building permits for the subject development. ---PAGE BREAK--- Woodburn Development Ordinance Section 4.02 Page 319 B. In lieu of on-site, private improvements: 1. Same as subsection A1 above. 2. Administration: Per the Director. ---PAGE BREAK--- Woodburn Development Ordinance Section 4.02 Page 320 This page is intentionally left blank to facilitate section formatting for printing and binding with each chapter starting on an odd-numbered page so that staff can insert in a binder to follow divider tabs. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.01 Page 321 5.01 Type I (Administrative) Decisions 5.01 General Requirements A. The purpose of this Section is to identify what types of actions are considered Type I decisions and their respective review criteria. Type I decisions do not require interpretation or the exercise of policy or legal judgment in evaluating approval criteria. The decision- making process requires no notice to any party other than the applicant. B. To initiate consideration of a Type I decision, a complete City application, accompanying information and a filing fee must be submitted to the Director. The Director will evaluate the application as outlined in this Section. 5.01.01 Access Permit to a City Street, excluding a Major or Minor Arterial Street 5.01.02 Design Review, Type I 5.01.03 Fence and Free Standing Wall 5.01.04 Grading Permit 5.01.05 Manufactured Dwelling Park, Final Plan Approval 5.01.06 Partition and Subdivision Final Plat Approval 5.01.07 Planned Unit Development (PUD), Final Plan & Design Plan Approval 5.01.08 Property Line Adjustment; Consolidation of Lots 5.01.09 Riparian Corridor and Wetlands Overlay District (RCWOD) Permit 5.01.10 Sign Permit 5.01.11 Significant Tree Removal Permit 5.01.12 Special Event Permit 5.01.01 Access Permit to a City Street, Excluding a Major or Minor Arterial Street A. Purpose: The purpose of this review is to ensure conformance to City street access standards and this Ordinance (Section 3.04) in circumstances where the access is not subject to any other type of land use approval. B. Criteria: The proposed access shall conform to the applicable standards of access to public streets (Section 3.04). C. Procedure: The Director shall review the access permit and determine conformance to City standards. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.01 Page 322 5.01.02 Design Review, Type I A. Purpose: The purpose of this review is to ensure all residential and non-residential buildings comply with the standards found in the Land Use and Development Guidelines and Standards (Sections 2 and 3) Sections of this Ordinance. B. Applicability: The Type I Design Review is applicable to the following: 1. Residential Buildings a. Single family dwellings, manufactured dwellings, or dwellings other than multiple- family, in any residential zone, except where subject to an architectural design review process approved by the Planned Unit Development (PUD) (Chapter 3.09). b. Exterior alterations to single family, manufactured dwellings, dwellings other than multiple-family, and multiple-family dwellings in any residential zone; except where subject to an architectural design review process approved by the Planned Unit Development (PUD) (Chapter 3.09) or when; The subject dwelling has a prior Type I design review approval; and The alteration is subject to building permit approval. c. Multiple-family dwellings that comply with all standards found in the Land Use and Specified Use, and Development Guidelines and Standards (Volumes 2 and 3) of this Ordinance. 2. Non Residential Buildings a. New buildings 500 square feet or less in commercial zones or 1,000 square feet or less in industrial zones. b. Sites with existing buildings, expansions or new buildings that increase lot coverage by 10% or less. c. Change in use that increases required parking by 10% or less. d. Façade changes or structural changes requiring a building permit. e. Establishment of a use in a building vacant for 6 months or more. C. Criteria: Applications are evaluated for compliance with the standards found in the Land Use and Specified Use, and Development Guidelines and Standards (Sections 2 and 3) of this Ordinance. D. Procedure: The Director shall review the application for compliance with the applicable standards of this Ordinance. 5.01.03 Fence and Free-Standing Wall A. Purpose: The purpose of this review is to ensure that fences and free-standing walls comply with the locational and height standards found within the Specified Use Standards (Sections 2.21 and 2.22). B. Criteria: Applications shall be reviewed for compliance with the locational and height standards of this Ordinance for fences and free-standing walls. C. Procedure: The Director shall review the proposal fence and/or free-standing wall for compliance to City regulations. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.01 Page 323 5.01.04 Grading Permit A. Purpose: The purpose of this review is to ensure that grading is in compliance with the Woodburn Storm Management Plan, Woodburn Flood Plain Ordinance, Public Works Department Construction Standards and Specifications, and the State Building Code. B. Applicability: The requirement for a grading permit applies to any of the following activities: 1. Any fill, removal, or grading of land identified within the boundaries of the regulatory floodplain, 2. Any fill, removal, or grading of land identified within the Riparian Corridor and Wetlands Overlay District (RCWOD), 3. Any fill, removal, or grading of land that requires a permit from the Oregon Department of State Lands, 4. Any fill, removal, or grading of land area that equals or exceeds one acre, or 5. Any development activity required by the WDO to submit a grading plan or permit. C. Criteria: Grading Permits shall be reviewed pursuant to the policies and standards of the Woodburn Storm Management Plan, Woodburn Flood Plain Ordinance, Public Works Construction Standards and Specifications, State Building Code, and Section 3.06.07 "Significant Tree Preservation & Removal”, including 3.06.07C, as applicable. D. Procedure: The Director shall review the proposed grading plan to ensure compliance with City and State requirements. 5.01.05 Manufactured Dwelling Park, Final Plan Approval A. Purpose: The purpose of this review is to ensure substantial conformance of the final plan and improvements with the conditions of the Manufactured Dwelling Park Preliminary Approval, including compliance with applicable Oregon Administrative Rules. B. Criteria: 1. The final plan shall be submitted within two years of date of the initial approval. 2. The final plan shall include all information required by the preliminary approval and shall substantially conform to all conditions of the preliminary approval and applicable Oregon Administrative Rules. C. Procedures: The Director shall determine whether the final plan substantially conforms to the preliminary approval, applicable State requirements, and City ordinances. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.01 Page 324 5.01.06 Partition and Subdivision Final Plat Approval A. Purpose: The purpose of this review is to ensure that the final partition or subdivision plat and associated public improvements are in substantial conformance with the conditions of the preliminary partition or subdivision approval. A developer shall apply to the City for final plat well before the land use expiration date in order to meet the requirements of Section 4.02.04B (Expiration Period), and in the final plat shall demonstrate substantial conformance to all conditions of the preliminary approval. B. Criteria: 1. That all public facilities required by the preliminary approval are designed to City standards and either constructed and accepted by the City or covered by the performance guarantee (Section 4.02.08). 2. A change in the circulation pattern, including the location or configuration of street intersections; 3. An increase in the number of lots; or 4. Any other substantive change found by Director. 5. That the final plat is complete and accurate, surveyed and monumented in compliance with State statutes. C. Procedure: Upon determination that the final partition or subdivision plat conforms to all standards and requirements, the Director shall sign the final plat. 1. Corrections: If the Director determines that the final plat does not conform to the preliminary plat, the applicant shall be advised of the reasons for the decision. The applicant shall have 30 calendar days to correct the plat. The final plat shall be recorded with Marion County within 30 calendar days of the Director’s signature. 2. Park or other public land: Acceptance of the land dedicated to the public by means of a plat occurs upon the recordation of the plat or, if and as the County Surveyor directs the developer, then also simultaneous recordation of a separate conveyance document. 3. Building permit application: A developer may apply for building permit or permits for the divided property upon completion of: recordation of the final plat, including public easements and any separate conveyance documents, submittal to both the Director and the Public Works Department no later than through building permit application of electronic copies of required documents per Section 2.01.05, unless regarding as-builts specifically the Public Works Director in writing defers to a specific set of later circumstances or date. This section does not abrogate additional requirements elsewhere in the WDO or in land use conditions of approval necessary for a developer to meet before building permit application. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.01 Page 325 5.01.07 Planned Unit Development (PUD), Final Plan Approval A. Purpose: The purpose of this review is to ensure that the Final PUD Plan is in substantial conformance with the conditions of the PUD Detailed Development Plan approval. B. Procedure: 1. The Director shall determine whether the Final PUD Plan conforms to the PUD Detailed Development Plan approval, including all conditions and other applicable State statutes and City ordinances. 2. The Director shall determine that all public facilities are designed to City standards and either constructed and accepted by the City or covered by the performance guarantee (Section 4.02.08). 3. The Director shall approve the Final PUD Plan if it is in substantial conformance with the requirements of this Section. a. The PUD, including the CC&R’s, is in compliance with conditions of the initial PUD approval. b. The PUD final plat is complete and accurate and the property has been surveyed and monumented in compliance with State Statutes (ORS Chapter 92). 4. If the Director determines that the final plat does not conform, the applicant shall be advised by written notice. The applicant shall have 30 calendar days to correct the plat. 5. The final plat and the CC&R’s shall be recorded with Marion County within 30 calendar days of signature. Acceptance by the City of the land dedicated to the public by means of a plat occurs upon the recording of the plat. 6. Building permits can be issued for the subject property upon recording of the final plat. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.01 Page 326 5.01.08 Property Line Adjustment; Consolidation of Lots A. Purpose: The purpose of this review is to ensure that adjustments to property lines or the consolidation of existing lots and parcels, complies with the standards of this ordinance (Section and State Statutes (ORS Chapters 92 and 209). Property line adjustments and consolidation of lots are allowed in all zones. B. Criteria: 1. Lot area, depth, width, frontage, building setbacks, vehicular access and lot coverage comply with the standards of this ordinance (Sections 2 and 2. Existing easements are accurately reflected; 3. Existing land use and development on the subject property comply with the requirements of prior land use actions; and 4. Buildings and structures abutting the adjusted property lines comply with State building codes and with respect to current occupancy. 5. Property line adjustments are surveyed and monumented to the requirements set forth in State statutes (ORS Chapters 92 and 209) and recorded by the County Surveyor. C. Procedure: The Director shall review and approve the application when it is found that it meets this Ordinance and the State Building Codes. D. Building permit application: A developer may apply for building permit or permits for the adjusted or consolidated property upon completion of: recordation with the County of the final plat, including public easements and any separate conveyance documents, submittal to both the Director and the Public Works Department no later than through building permit application of electronic copies of required documents per Section 2.01.05, unless regarding as-builts specifically the Public Works Director in writing defers to a specific set of later circumstances or date. This section does not abrogate additional requirements elsewhere in the WDO or in land use conditions of approval necessary for a developer to meet before building permit application. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.01 Page 327 5.01.09 Riparian Corridor and Wetlands Overlay District (RCWOD) Permit A. Purpose: The purpose of this review procedure is to ensure that all grading, excavation, fill, and vegetation removal (other than perimeter mowing and other cutting necessary for hazard prevention) within a delineated, significant wetland, complies with applicable City and State standards and procedures, including those of ORS Chapter 196 and Chapter 227 and OAR 660-023. B. Criteria: 1. The applicable standards of this Ordinance and the findings and action proposed by the Division of State Lands; or 2. A finding, verified by the Division of State Lands, of error in delineation of the RCWOD boundary. C. Procedure: The Director shall review the permit and approve it upon a determination that it meets the criteria of this ordinance. 5.01.10 Sign Permit A. Purpose: The purpose of this review is to ensure that signs comply with standards found within the Sign Standards (Section 3.10). B. Criteria: Applications shall be reviewed for compliance with the sign standards of this Ordinance. C. Procedure: The Director shall review proposal signs for compliance to City regulations. 5.01.11 Significant Tree Removal Permit A. Purpose: To ensure that the removal of Significant Trees conforms with Section 3.06.07 as well as the purposes of Section 3.06.07A. B. Applicability: Per Sections 3.06.07B & C. C. Criteria and procedure: Per Section 3.06.07. 5.01.12 Special Event Permit A. Purpose: The purpose of this review is to ensure that special events conform to the standards of this Ordinance (Section 2.07.17). B. Criteria: Special Events shall conform to all standards of this Ordinance. C. Procedure: The Director shall review the application and shall approve a permit based on compliance with this Ordinance. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.01 Page 328 This page is intentionally left blank to facilitate section formatting for printing and binding with each chapter starting on an odd-numbered page so that staff can insert in a binder to follow divider tabs. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.02 Page 329 5.02 Type II (Quasi-Administrative) Decisions 5.02 General Requirements A. The purpose of this Section is to identify what types of actions are considered Type II decisions. Type II Decisions involve the exercise of limited interpretation or exercise of policy or legislative judgment in evaluating approval criteria. The Director evaluates the request and issues a decision giving approval, approving with conditions, or denying the application. The Director’s decision is appealable to the City Council with notice to the Planning Commission, by any party with standing applicant and any person who was mailed a notice of decision). The City Council then conducts a public hearing. The City Council’s decision is the City’s final decision and is appealable to LUBA (Land Use Board of Appeals) within 21 days after it becomes final. B. To initiate consideration of a Type II decision, a complete City application, accompanying information, and a filing fee must be submitted to the Director. The Director will evaluate the application as outlined in this Section. 5.02.01 Access Permit to a City Major or Minor Arterial Street 5.02.02 Architectural Standard Substitution 5.02.03 Design Review, Type II 5.02.04 Adjustment to Street Improvement Requirements ("Street Adjustment") 5.02.05 Partition, Preliminary Approval 5.02.06 Zoning Adjustment 5.02.01 Access Permit to a City Minor or Major Arterial Street A. Purpose: The purpose of a Type II Access Permit is to ensure conformance to City street access standards and this Ordinance (Section 3.04) in circumstances where the access to a Minor or Major Arterial Street is not subject to any other type of land use approval. B. Criteria: The application shall conform to the applicable standards and guidelines of this ordinance. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.02 Page 330 5.02.02 Architectural Standard Substitution A. Purpose: The purpose of a Type II Architectural Substitution Permit is to allow substitution to the architectural standards found in this Ordinance (Section 3.07). Substituted materials or design need to meet the overall intent of this ordinance by providing for quality construction, reflect custom design, and result in equal or greater design quality. A maximum of three substitutions may be considered for each building covered by an application for substitute standards. Architectural standards set by statute (ORS 197.307 and 197.314) relating to roofs on manufactured dwellings are non-variable, and cannot be modified by a substitution. B. Criteria: The suitability of the substitute architectural standards shall be based on consideration of how each substitute standard: 1. Incorporates design elements and materials that reflect a custom design; 2. Incorporates materials, that in substance and visual appeal, are of equal or greater quality; 3. For residential development: a. Reflects the character of the existing housing within the subject subdivision and/or surrounding area within 250 feet of subject property; b. Ensures that needed housing is not discouraged through unreasonable cost, pursuant to ORS 197.307. 5.02.03 Design Review, Type II A. Purpose: The purpose of Type II design review is to ensure that new buildings or additions to existing buildings comply with Land Use and Development Guidelines and Standards of this ordinance (Sections 2 and B. Applicability: Type II Design Review is required for the following: 1. Non-residential structures 1,000 square feet or less in the RS, R1S, RM, and P/SP zones. 2. Structures 2,000 square feet or less than in the CO, CG, DDC, and NNC zones. 3. Structures 3,000 square feet or less in the IP, IL, MUV and SWIR zones. 4. For sites with existing buildings in the CO, CG, MUV, DDC, NNC, IP, IL, and SWIR zones; expansions or new buildings that increase lot coverage by more than 10% but less than 25%. 5. Change of use that results in an increase in required parking of more than 10% but less than 25%. 6. Dwellings other than multiple-family and that are in the NCOD zone, but excluding structures subject to Type I review. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.02 Page 331 5.02.04 Adjustment to Street Improvement Requirements (“Street Adjustment”) A. Purpose: The purpose of a Type II Street Adjustment is to allow deviation from the street standards required by Section 3.01 for the functional classification of streets identified in the Woodburn Transportation System Plan. The Street Adjustment review process provides a mechanism by which the regulations in the WDO may be adjusted if the proposed development continues to meet the intended purposes of Section 3.01. Street Adjustment reviews provide discretionary flexibility for unusual situations. They also allow for alternative ways to meet the purposes of Section 3.01. They do not serve to except or exempt from or to lessen or lower minimum standards for ROW improvements, with exceptions of subsections B & H. A Street Adjustment is for providing customized public improvements that substitutes for what standards require, while a Variance is for excepting or exempting from, lessening, or lowering standards, with exceptions of subsections B & H. A Street Adjustment for a development reviewed as a Type I or II application shall be considered as a Type II application, while development reviewed as a Type III application shall be considered a Type III application. B. Applicability: Per the Purpose subsection above about improvements, and regarding ROW Street Adjustment may be used to narrow minimum width. Regarding alleys or off-street bicycle/pedestrian corridor or facility standards, see instead Zoning Adjustment. C. Criteria: 1. The estimated extent, on a quantitative basis, to which the rights-of-way and improvements will be used by persons served by the building or development, and whether the use is for safety or convenience; 2. The estimated level, on a quantitative basis, of rights-of-way and improvements needed to meet the estimated extent of use by persons served by the building or development; 3. The estimated impact, on a quantitative basis, of the building or development on the public infrastructure system of which the rights-of-way and improvements will be a part; 4. The estimated level, on a quantitative basis, of rights-of-way and improvements needed to mitigate the estimated impact on the public infrastructure system. 5. The application is not based primarily on convenience for a developer or reducing civil engineering or public improvements construction costs to a developer. 6. The application is not based primarily on the existence of adjacent or nearby nonconforming Boundary Street frontages. 7. Narrowing of ROW minimum width, if proposed, is not to a degree more than necessary to meet other criteria. In no case shall ROW total fewer than 35 feet, whether or not the total is allocated across centerline or to its side, except that this base requirement would not apply if subsection H below applies. 8. A Street Adjustment would provide a customized cross section alternative to the standard or standards and that meets the relevant purposes of Section 3.01, or the City reasonably can condition approval to achieve such. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.02 Page 332 D. Minimum Standards: To ensure a safe and functional street with capacity to meet current demands and to ensure safety for vehicles, bicyclists and pedestrians, as well as other forms of non-vehicular traffic, the minimum standards for rights-of-way and improvements for Boundary and Connecting Streets per Sections 3.01.03C & D continue to apply. Exempting from or lessening or lowering those standards shall require a Variance. Deviation from applicable public works construction code specifications would be separate from the WDO through process that the Public Works Department might establish. E. Factors: Street Adjustment applications, where and if approved, shall have conditions that customize improvements and secure accommodations for persons walking and cycling, not only driving, that meet the purposes of Section 3.01. The City may through approval with conditions require wider additional ROW dedication along the part or the whole of an extent of the subject frontage to accommodate either adjusted improvements or improvements that vary from standards. F. Bicycle/pedestrian facility: If and where a Street Adjustment application requests to substitute or omit one or more required bicycle facilities, such as bicycle lanes, and the City approves the application, then the following should apply: For each substitute or omitted facility, the developer would construct a minimum width 8 feet bicycle/pedestrian facility on the same side of street centerline as the substituted or omitted facility. The City may condition wider. G. Landscape strip: If and where a Street Adjustment application requests to adjust one or more required landscape strips from between curb and sidewalk, and the City approves the application, then the list below should apply. This subsection is not applicable to bridge / culvert crossing. 1. Sidewalk: Construction of sidewalk minimum width 8 feet on the same side of street centerline as the adjusted landscape strip. The City may condition wider. 2. Planting corridor: For each landscape strip that is relocated, delineation and establishment of a street tree planting corridor along the back of sidewalk in such a way as to allow newly planted trees to not conflict with any required streetside PUE to the extent that the Public Works Department Engineering Division in writing defines what constitutes a conflict. To give enough room for root growth, the corridor minimum width would be either 6 feet where along open yard or 7 ft where it would be flush with a building foundation. This would include installation of root barriers between the trees and street centerline to public works construction code specification. 3. ROW: Where necessary to meet the above standards, dedication of additional ROW even if the additional is more than the minimum additional dedication that Section 3.01 requires. 4. Planting in ROW required: Street trees would not be planted in the yard outside ROW. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.02 Page 333 H. If the applicable Boundary Street minimums are the lesser minimums for residential development of 4 or fewer dwellings and where no land division is applicable, as Section 3.01.03C.2 allows, then allowed adjustment is: 1. ROW: Relating to Section 3.01.03C.2a, to lower ROW minimum dedication either from a number greater than 5 feet to no fewer than 5 feet or from a number equal to or fewer than 5 feet to no dedication. Greater deviation requires Variance. 2. PUE, streetside: Relating to Section 3.01.03C.2b, to lower streetside PUE minimum dedication to no fewer than 3 feet. Greater deviation requires Variance. This subsection is not relevant to deviation from improvements. I. Plan review: An applicant shall submit among other administratively required application materials scaled drawings, including plan and cross section views, of proposed street improvement widths, extents, and details as well as existing conditions and proposed development site plans that include property and easement lines and physical features some distance beyond the boundaries of the subject property for fuller context. 5.02.05 Partition, Preliminary Approval A. Purpose: The purpose of this Type II review is to ensure that partitions - the dividing of a single lot into 3 or less lots within one calendar year - comply with this Ordinance, with the Land Use and Development Standards and Guidelines (Sections 2 and and applicable Oregon State Statutes. B. Criteria: Preliminary approval of a partition requires compliance with the following: 1. The preliminary partition complies with all applicable provisions of this ordinance. 2. Approval does not impede the future best use of the remainder of the property under the same ownership or adversely affect the safe and efficient development of any adjoining land. 3. The proposed partition is served with City streets, water, sewer and storm drainage facilities with adequate capacity. 4. That the partition takes into account topography, vegetation and other natural features of the site. 5. That adequate measures have been planned to alleviate identified hazards and limitations to development: a. For regulatory wetlands, these shall be the measures required by the Division of State Lands. b. For unstable areas, demonstration that streets and building sites are on geologically stable soil considering the stress and loads to which the soil may be subjected. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.03 Page 334 5.02.06 Zoning Adjustment A. Purpose: The purpose of a Type II zoning adjustment review is to provide a mechanism by which the regulations in the WDO may be adjusted if the proposed development continues to meet the intended purpose of those regulations. Adjustment reviews provide flexibility for unusual situations. They also allow for alternative ways to meet the purposes of the WDO.. B. Criteria: A zoning adjustment involves the balancing of competing and conflicting interests. The following criteria will be considered in evaluating zoning adjustments. 1. The adjustment is necessary to prevent unnecessary constraint relating to the land or structure. Factors to consider in determining whether constraint exists, include: a. Physical circumstances over which the applicant has no control, related to the piece of property involved, that distinguish it from other land in the same zone, including but not limited to lot size, shape, and topography. b. Whether the constraint was created by the applicant requesting the adjustment. 2. The zoning adjustment will not be materially injurious to adjacent properties or to the use of the subject property. Factors to be considered in determining whether development is not materially injurious include, but are not limited to: a. Physical impacts such development will have because of the adjustment, such as visual, noise, traffic and drainage, erosion and landslide hazards. b. If the adjustment concerns joint-use parking, the hours of operation for vehicle parking shall not create a competing parking demand. c. Minimal impacts occur as a result of the proposed adjustment. 3. The adjustment is the minimum deviation from the standard necessary to make reasonable use of the property; 4. The adjustment does not conflict with the Woodburn Comprehensive Plan. Factors to be considered include, but are not limited to: a. The adjustment serves to administer or implement a Woodburn Comprehensive Plan goal or policy. b. The adjustment serves to administer or implement an action item, goal, objective, policy, or strategy from an adopted long-range plan. 5. The adjustment provides an alternative to the standard that meets the relevant purposes of the WDO standard and the context of the standard. C. Maximum Adjustment permitted: 1. Lot Area: Up to a five percent reduction in the minimum lot area. 2. Lot Coverage: Up to an increase of five percent in lot coverage. 3. Front Yard Setback or Setback Abutting a Street: Up to a 10 percent reduction of a setback. 4. Side Yard Setback: Up to a 20 percent reduction in setback, but no less than a five foot setback in a RS or R1S zone or less than the requirements of the state building code, whichever is more restrictive; however, for RM and RMN zones where a building type ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.03 Page 335 or residential use side setback is dependent on tiers of building height, setback reduction as follows: For building height of: a. 16 feet or less, reduction to no fewer than 5 feet; b. More than 16 feet and less than 28, reduction to no fewer than 5 feet; or c. 28 feet or more, reduction to no fewer than 10 feet at the 28th foot and higher and to no fewer than 5 feet below the 28th foot. 5. Rear Yard Setback: Up to a 20 percent reduction in setback, but no less than a five foot setback, except in those zones permitting zero setbacks the minimum setback shall be either 5 feet or zero; however, for RM and RMN zones where a building type or residential use side setback is dependent on tiers of building height, setback reduction as follows: For building height of: a. 16 feet or less, reduction to no fewer than 10 feet; b. More than 16 feet and less than 28, reduction to no fewer than 18 feet above the 16th foot and higher and to no fewer than 10 feet at the 16th foot and below; or c. 28 feet or more, reduction to no fewer than 24 feet at the 28th foot and higher and, below the 28th foot, to no fewer than per 6. Lot Width: Up to a ten percent reduction. 7. Lot Depth: Up to a ten percent reduction. 8. Building Height: Up to a ten percent increase in height. 9. Parking Standards: Up to a five percent reduction in required parking spaces except no reduction in the number of handicapped vehicle parking spaces or in dimensional standards. 10. Joint-Use Vehicle Parking: Up to 20 percent of the required vehicle parking may be satisfied by joint use of the parking provided for another use. 11. Fences and Freestanding Walls: The location or height of a fence or free-standing wall, excluding the adjustment of any such facilities within a clear vision area, height limited to 16 percent increase. 12. Access management in RSN & RMN districts / alleys: Relating to Section 2.05.04B.2, reduce the minimum to no less than either 60 percent or 12 lots, whichever is greater. 13. Alley or shared rear lane widths (in any zoning district): a. ROW/tract: Reduce alley minimum ROW or shared rear lane tract width to no fewer than 16 feet. b. Pavement: Reduce minimum pavement width to no fewer than 14 feet. 14. Bicycle/pedestrian corridor width: a. Relating to Table 3.01A corridor contexts 1b & c, reduction of corridor width to no fewer than 18 feet, or where a newly granted off-street PUE along the corridor would neither cover the entire corridor width nor preclude a row of newly planted trees, then no fewer than 16 feet. b. Relating to context 3, reduction to no fewer than either 35 feet or actual extent of RCWOD relative to lot line where the actual extent is fewer than 50 feet, whichever ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.03 Page 336 is less. 15. Bicycle/pedestrian facility class: Relating to Section 3.01.07D, to lower from Class B to Class C. 16. PUE: a. Streetside: For each lot or tract that abuts both a street and an alley, narrowing the PUE along the street to no fewer than 3 feet minimum. b. Off-street: Narrowing to no fewer than 10 ft minimum. 17. Vision clearance area: Decreasing any Figure 3.03A sight triangles to no fewer than street intersections 20 by 20 feet, driveways at streets 5 by 5 feet limited to driveways of residential development other than of multiple-family dwellings, and any of alley and shared rear lane junction with a street to 5 by 5 feet. A developer shall submit a safety analysis stamped by a civil engineer. 18. Commercial access management: Relating to Section 3.04.03D.2, to relax the standard as the Director allows. 19. Driveway width: a. Triplex and Quadplex: To increase maximum one driveway along the lot street frontage, including both interior and corner lot contexts, to a maximum width of 24 feet. b. 5 or more dwellings or living units, school, or house of worship: To increase maximum width to either 26 feet or, if a turn pocket is included, to a total maximum of 31 feet. c. Commercial use: To increase maximum width to either 26 feet or, if a turn pocket is included, to a total maximum of 38 feet. 20. Compact parking: To raise the maximum to no more than 40 percent. 21. Drive aisle width: Relating to Table 3.05B, to narrow two-way drive aisles with parking spaces that are angled to no fewer than 20 feet or that are at 90° to no fewer than 22 feet. To narrow one-way drive aisles to no fewer than from 22 or 24 feet to 20, from 15 or 18 feet to 14, or from 12 feet to 11. 22. Lighting: Relating to Section 3.11.02B, to increase the height limit: a. For wall, to no higher than 10 feet. b. For poles within parking areas of developments other than of multiple-family dwellings, to no higher than 18 feet. c. For other poles, to no higher than 12 feet. d. For sports, to no higher than as the zoning district allows for features not used for habitation or 70 feet, whichever is less. 23. Architectural & Design Standards: Relating to Table 3.07A and for manufactured dwellings only, to adjust any standard other than minimum roof pitch and as the Director allows. 24. MUV: Relating to Table 2.03E and for side and/or rear minimum setback from property zoned other than RS, to lower to zero. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.03 Page 337 25. Significant Tree preservation & removal: Relating to Tier 3 (T3) and Tier 4 (T4) standards, to lower the preservation minimum percentage to 25.0 percent for T3; 35.0 percent for T4; 15.0 percent for a subject property within the MUV zoning district or the Gateway CG Overlay District; or zero for a subject property within the DDC zoning district. D. Prohibited Adjustments: 1. Adjustments to the number of permitted dwellings and to the use of property shall be prohibited. 2. Standards established by Oregon Revised Statutes for manufactured dwellings and manufactured dwelling parks are non-variable. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.03 Page 338 This page is intentionally left blank to facilitate section formatting for printing and binding with each chapter starting on an odd-numbered page so that staff can insert in a binder to follow divider tabs. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.03 Page 339 5.03 Type III (Quasi-Judicial) Decisions 5.03 General Requirements A. The purpose of this Section is to identify what types of actions are considered Type III decisions. Type III decisions involve significant discretion and evaluation of subjective approval standards, yet are not required to be heard by the City Council, except upon appeal. The process for these land use decisions is controlled by ORS 197.763. Notice of the application and the Planning Commission or Design Review Board hearing is published and mailed to the applicant, recognized neighborhood associations and property owners. The decision of the Planning Commission or Design Review Board is appealable to the City Council. The City Council’s decision is the City’s final decision and is appealable to the Land Use Board of Appeals. B. To initiate consideration of a Type III decision, a complete City application, accompanying information, and filing fee must be submitted to the Director. The Director will evaluate the application as outlined in this Section. 5.03.01 Conditional Use 5.03.02 Design Review, Type III 5.03.03 Adjustment to Street Improvement Requirements (“Street Adjustment”) 5.03.04 Manufactured Dwelling Park, Preliminary Approval 5.03.05 Phasing Plan for a Subdivision, PUD, Manufactured Dwelling Park or any other Land Use Permit 5.03.06 Planned Unit Development (PUD), Preliminary Plan Approval 5.03.07 Planned Unit Development (PUD), Design Plan Final Approval 5.03.08 Special Conditional Use - Historically or Architecturally Significant Building 5.03.09 Special Use as a Conditional Use 5.03.10 Subdivision Preliminary Approval 5.03.11 Telecommunications Facility, Specific Conditional Use 5.03.12 Variance 5.03.01 Conditional Use A. Purpose: A conditional use is an activity which is permitted in a zone but which, because of some characteristics, is not entirely compatible with other uses allowed in the zone, and cannot be permitted outright. A public hearing is held by the Planning Commission and conditions may be imposed to offset impacts and make the use as compatible as practical with surrounding uses. Conditions can also be imposed to make the use conform to the requirements of this Ordinance and with other applicable criteria and standards. Conditions that decrease the minimum standards of a development standard require variance approval. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.03 Page 340 B. Criteria: 1. The proposed use shall be permitted as a conditional use within the zoning district. 2. The proposed use shall comply with the development standards of the zoning district. 3. The proposed use shall be compatible with the surrounding properties. Relevant factors to be considered in determining whether the proposed use is compatible include: a. The suitability of the size, shape, location and topography of the site for the proposed use; b. The capacity of public water, sewerage, drainage, street and pedestrian facilities serving the proposed use; c. The impact of the proposed use on the quality of the living environment: 1) Noise; 2) Illumination; 3) Hours of operation; 4) Air quality; 5) Aesthetics; and 6) Vehicular traffic. d. The conformance of the proposed use with applicable Comprehensive Plan policies; and e. The suitability of proposed conditions of approval to ensure compatibility of the proposed use with other uses in the vicinity. 5.03.02 Design Review, Type III A. Purpose: The purpose of Type III design review is to ensure that new buildings or additions to existing buildings comply with Land Use and Development Guidelines and Standards of this Ordinance (Sections 2 and B. Type III Design Review is required for the following: 1. Non-residential structures in residential zones greater than 1,000 square feet in the RS, R1S, RM, and P/SP zones. 2. Multi-family dwellings not meeting all architectural design guidelines and standards. 3. Structures greater than 2,000 square feet in the CO, CG, MUV, DDC, and NNC zones. 4. Structures greater than 3,000 square feet in the IP, IL, and SWIR zones. 5. For sites with existing buildings in the CO, CG, MUV, DDC, NNC, IP, IL, and SWIR zones; expansions or new buildings that increase lot coverage by more 25%. 6. Change of use that results in a greater than 25% increase in required parking, excepting ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.03 Page 341 in a residential zone single-family dwelling addition, expansion, or conversion resulting in dwellings other than multiple-family (“middle housing”). 5.03.03 Adjustment to Street Improvement Requirements (“Street Adjustment”) Same as Section 5.02.04 except that land use review is Type III. 5.03.04 Manufactured Dwelling Park, Preliminary Approval A. Purpose: The purpose of this review is to ensure that proposed Manufactured Dwelling Parks (MDP) comply with the standards of this ordinance (Sections 2 and 3) and all applicable state standards. B. Criteria: 1. The proposed use shall be a special permitted use within the zoning district. 2. The proposed use shall comply with the applicable standards and criteria of this Ordinance (Sections 2 and 5.03.05 Phasing Plan for a Subdivision, PUD, Manufactured Dwelling Park or any other Land Use Permit A. Purpose: The purpose of a Type III Phasing Permit is to allow phased construction of development while meeting the standards of this ordinance (Sections 2 and while providing fully functional phases that develop in compliance with the tentative approval for the development. B. Criteria: The proposed phasing of development shall: 1. Ensure that individual phases will be properly coordinated with each other and can be designed to meet City development standards; and 2. Ensure that the phases do not unreasonably impede future development of adjacent undeveloped properties; 3. Ensure that access, circulation, and public utilities are sized for future development of the remainder of the site and adjacent undeveloped sites. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.03 Page 342 5.03.06 Planned Unit Development (PUD), Conceptual Development Plan Approval A. Purpose: The purpose of a Type III PUD Conceptual Development Plan Approval is to ensure that the proposed development complies with all provisions of this ordinance. The PUD process is intended to provide incentives for greater creativity and adaptability in development design, through a process that allows flexibility in the application of standards, while at the same time meeting the overall intent of this Ordinance (Sections 2 and PUDs are governed by Section 3. 09. B. Criteria: Approval of a Conceptual Development Plan shall require compliance with the following: 1. That approval does not impede the future best use of the remainder of the property, or adversely affect the efficient development of any adjoining land or access thereto. 2. That the proposed development is served with City streets, water, sewer and storm drainage facilities with adequate capacity. 3. That the plan for the development takes into account topography, vegetation and other natural features of the site. 4. That adequate measures have been planned to alleviate identified hazards and limitations to development: a. For wetlands, these shall be the measures required by the Division of State Lands for regulatory wetlands. b. For unstable areas, these measures shall be documentation as approved by the Public Works Department, ensuring that streets and building sites are on geologically stable soil, considering stress and loads. 5. If phased, that the development of the subdivision is balanced with the need for urbanization within the Woodburn Urban Growth Boundary. 6. That the requested flexibility in development standards is justified by commensurate public benefits. 7. That the proposed PUD is compatible with surrounding developments and neighborhoods. 8. That the tentative plan complies with all applicable provisions of this ordinance. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.03 Page 343 5.03.07 Planned Unit Development (PUD), Detailed Development Plan Approval A. Purpose: The purpose of this Type III review is to ensure that the Detailed Development Plan provides sufficient detail to ensure compliance with the standards of this ordinance (Sections 2 and 3) and that the design elements of development are consistent with the preliminary approval of the Conceptual Development Plan. B. Criteria: 1. The Detailed Development Plan shall substantially conform to the approved Conceptual Development Plan, including conditions of approval. 2. The Detailed Development Plan shall refine and make specific the Conceptual Development Plan. 3. The Detailed Development Plan shall demonstrate that the requested flexibility in development standards is justified by commensurate public benefits. 4. The Detailed Development Plan shall demonstrate that the proposed PUD is compatible with surrounding developments and neighborhoods. 5.03.08 Special Conditional Use - Historically or Architecturally Significant Building A. Purpose: The purpose of the Type III Special Conditional Use is to create a procedure that allows consideration of the adaptive reuse of historically or architecturally significant buildings in the RS and RM zones for more intensive use than permitted outright in the zone in order to conserve the site or building resource. The procedure is intended to provide appropriate opportunities for the maintenance and use of significant cultural resources, including those designated on the National Register of Historic Places, having award- winning design, or that are locally designated as a cultural resource, that would not otherwise be economically practical, and where a zone change would be inappropriate. B. Criteria: 1. The proposed use shall be permitted as a conditional use within the zoning district. 2. The proposed use shall comply with the development standards of the zoning district. 3. The proposed use shall be compatible with the surrounding properties. Relevant factors to be considered in determining whether the proposed use is compatible include: a. The suitability of the size, shape, location and topography of the site for the proposed use; b. The capacity of public water, sewerage, drainage, street and pedestrian facilities serving the proposed use; c. The impact of the proposed use on the quality of the living environment, such as: 1) Noise; 2) Illumination; 3) Hours of operation; 4) Air quality; 5) Aesthetics; and ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.03 Page 344 6) Vehicular traffic. d. The conformance of the proposed use with applicable Comprehensive Plan policies; and e. The suitability of proposed conditions of approval to ensure compatibility of the proposed use with other uses in the vicinity. f. The proposed use shall be compatible with the surrounding properties. 4. The specific standards and criteria of this Ordinance (Section 2.08) shall be met. 5.03.09 Special Use as a Conditional Use A. Purpose: The purpose of this Type III decision is to allow modification or elimination of specific development standards required for Special Uses listed in this Ordinance (Section 2.07). Modification or elimination of specific development standards are approved as a Conditional Use. B. Criteria: 1. The proposed use shall be permitted as a Special Use within the zoning district. 2. The proposed use shall comply with the development standards of the zoning district. 3. The proposed use shall be compatible with the surrounding properties. Relevant factors to be considered in determining whether the proposed use is compatible include: a. The suitability of the size, shape, location and topography of the site for the proposed use; b. The capacity of public water, sewerage, drainage, street and pedestrian facilities serving the proposed use; c. The impact of the proposed use on the quality of the living environment, such as: 1) Noise; 2) Illumination; 3) Hours of operation; 4) Air quality; 5) Aesthetics; and 6) Vehicular traffic. d. The conformance of the proposed use with applicable Comprehensive Plan policies; and e. The suitability of appropriate standards of this Ordinance and other proposed conditions of approval to ensure compatibility of the proposed use with other uses in the vicinity. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.03 Page 345 5.03.10 Subdivision Preliminary Approval A. Purpose: The purpose of a Type III Subdivision decision is to ensure that the division of properties into 4 or more lots complies with the standards of this Ordinance (Sections 2 and Subdivisions are allowed in all zones, provided the proposal meets applicable standards. B. Criteria: Preliminary approval of a Subdivision shall require compliance with the following: 1. That approval does not impede the future best use of the remainder of the property under the same ownership or adversely affect the safe and efficient development of the remainder of any adjoining land or access thereto. 2. That the proposed development shall be served with city streets, water, sewer and storm drainage facilities with adequate capacity. 3. That the plan for the development takes into account topography, vegetation and other natural features of the site. 4. That adequate measures have been planned to alleviate identified hazards and limitations to development: a. For wetlands these shall be the measures required by the Division of State Lands for regulatory wetlands. b. For unstable areas, demonstration that streets and building sites are on geologically stable soil considering the stress and loads. 5. The preliminary plat complies with all applicable provisions of this Ordinance (Sections 2 and except where waived by variance. 5.03.11 Telecommunications Facility, Specific Conditional Use A. Purpose: The purpose of this Type III review is to provide a procedure to consider the siting of telecommunication facilities subject to the standards of this Ordinance (Sections 2 and B. Criteria: 1. The proposed use shall be listed as an allowed conditional use within the zoning district. 2. The proposed use shall comply with the development standards of the zoning district. 3. The proposed use shall be compatible with the surrounding properties. Relevant factors to be considered in determining whether the proposed use is compatible include: a. The suitability of the size, shape, location and topography of the site for the proposed use; b. The capacity of public water, sewerage, drainage, street and pedestrian facilities serving the proposed use; c. The impact of the proposed use on the quality of the living environment: 1) Noise; 2) Illumination; 3) Hours of operation; 4) Air quality; ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.03 Page 346 5) Aesthetics; and 6) Vehicular traffic. 4. The conformance of the proposed use with applicable Comprehensive Plan policies; and 5. The suitability of proposed conditions of approval to ensure adequate public facilities are available to serve the site and compatibility with other uses in the vicinity. 6. The specific standards and criteria this ordinance (Section 2.08.03) shall be met. 5.03.12 Variance A. Purpose: The purpose of this Type III Variance is to allow use of a property in a way that would otherwise be prohibited by this Ordinance. Uses not allowed in a particular zone are not subject to the variance process. Standards set by statute relating to siting of manufactured homes on individual lots; siding and roof of manufactured homes; and manufactured home and dwelling park improvements are non-variable. B. Criteria: A variance may be granted to allow a deviation from development standard of this ordinance where the following criteria are met: 1. Strict adherence to the standards of this ordinance is not possible or imposes an excessive burden on the property owner, and 2. Variance to the standards will not unreasonably impact existing or potential uses or development on the subject property or adjacent properties. C. Factors to Consider: A determination of whether the criteria are satisfied involves balancing competing and conflicting interests. The factors that are listed below are not criteria and are not intended to be an exclusive list and are used as a guide in determining whether the criteria are met. 1. The variance is necessary to prevent unnecessary hardship relating to the land or structure, which would cause the property to be unbuildable by application of this Ordinance. Factors to consider in determining whether hardship exists, include: a. Physical circumstances over which the applicant has no control related to the piece of property involved that distinguish it from other land in the zone, including but not limited to, lot size, shape, and topography. b. Whether reasonable use similar to other properties can be made of the property without the variance. c. Whether the hardship was created by the person requesting the variance. 2. Development consistent with the request will not be materially injurious to adjacent properties. Factors to be considered in determining whether development consistent with the variance materially injurious include, but are not limited to: a. Physical impacts such development will have because of the variance, such as visual, noise, traffic and drainage, erosion and landslide hazards. b. Incremental impacts occurring as a result of the proposed variance. 3. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected because of the variance. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.03 Page 347 4. Whether the variance is the minimum deviation necessary to make reasonable economic use of the property; 5. Whether the variance conflicts with the Woodburn Comprehensive Plan. 6. If and where a variance includes a request to vary from minimum public improvements per Section 3.01, from Section 5.02.04E about Street Adjustment factors, those factors are applicable as Variance additional factors. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.03 Page 348 This page is intentionally left blank to facilitate section formatting for printing and binding with each chapter starting on an odd-numbered page so that staff can insert in a binder to follow divider tabs. ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.04 Page 349 5.04 Type IV (Quasi-Judicial) Decisions 5.04 General Requirements A. The purpose of this Section is to identify what types of actions are considered Type IV decisions. Type IV decisions involve the greatest amount of discretion and require evaluation of approval standards. These decisions are heard by the Planning Commission and City Council. The process for these land use decisions is controlled by ORS 197.763. Notice of the land use application and public hearing is published and mailed to the applicant, recognized neighborhood associations and property owners. The City Council decision is the City’s final decision and is appealable to the Land Use Board of Appeals. B. To initiate consideration of a Type IV decision, a complete City application, accompanying information, and filing fee must be submitted to the Director. The Director will evaluate the application as outlined in this Section. 5.04.01 Annexation 5.04.02 Comprehensive Plan Map Change, Owner Initiated 5.04.03 Formal Interpretation of the Woodburn Development Ordinance 5.04.04 Official Zoning Map Change, Owner Initiated 5.04.01 Annexation A. Purpose: The purpose of this Type IV review is to provide a procedure to incorporate contiguous territory into the City in compliance with state requirements, Woodburn Comprehensive Plan, and Woodburn Development Ordinance. B. Mandatory Pre-Application Conference: Prior to requesting annexation to the City, a Pre- Application Conference (Section 4.01.04) is required. This provides the city an opportunity to understand the proposed annexation and an opportunity to provide information on the likely impacts, limitations, requirements, approval standards, and other information that may affect the proposal. C. Criteria: 1. Compliance with applicable Woodburn Comprehensive Plan goals and policies regarding annexation. 2. Territory to be annexed shall be contiguous to the City and shall either: a. Link to planned public facilities with adequate capacity to serve existing and future development of the property as indicated by the Woodburn Comprehensive Plan; or b. Guarantee that public facilities have adequate capacity to serve existing and future development of the property. 3. Annexations shall show a demonstrated community need for additional territory and development based on the following considerations: a. Lands designated for residential and community uses should demonstrate substantial conformance to the following: ---PAGE BREAK--- Woodburn Development Ordinance Chapter 5.04 Page 350 1) The territory to be annexed should be contiguous to the City on two or more sides; 2) The territory to be annexed should not increase the inventory of buildable land designated on the Comprehensive Plan as Low or Medium Density Residential within the City to more than a 5-year supply; 3) The territory proposed for annexation should reflect the City’s goals for directing growth by using public facility capacity that has been funded by the City’s capital improvement program; 4) The site is feasible for development and provides either: a) Completion or extension of the arterial/collector street pattern as depicted on the Woodburn Transportation System Plan; or b) Connects existing stub streets, or other discontinuous streets, with another public street. 5) Annexed fulfills a substantial unmet community need, that has been identified by the City Council after a public hearing. Examples of community needs include park space and conservation of significant natural or historic resources. b. Lands designated for commercial, industrial and other uses should demonstrate substantial conformance to the following criteria: 1) The proposed use of the territory to be annexed shall be for industrial or other uses providing employment opportunities; 2) The proposed industrial or commercial use of the territory does not require the expansion of infrastructure, additional service capacity, or incentives that are in excess of the costs normally borne by the community for development; 3) The proposed industrial or commercial use of the territory provides an economic opportunity for the City to diversify its economy. D. Procedures: 1. An annexation may be initiated by petition based on the written consent of: a. The owners of more than half of the territory proposed for annexation and more than half of the resident electors within the territory proposed to be annexed; or b. One hundred percent of the owners and fifty percent of the electors within the territory proposed to be annexed; or c. A lesser number of property owners. 2. If an annexation is initiated by property owners of less than half of property to be annexed, after holding a public hearing and if the City Council approves the proposed annexation, the City Council shall call for an election within the territory to be annexed. Otherwise no election on a proposed annexation is required. 3. The City may initiate annexation of an island (ORS 222.750), with or without the consent of the property owners or the resident electors. An island is an unincorporated territory surrounded by the boundaries of the City. Initiation of such an action is at the discretion of the City Council. ---PAGE BREAK--- Woodburn Development Ordinance 4. The Significant Tree preservation and removal provisions of Section 3.06.07 are applicable to unincorporated territory that is the subject property of an Annexation application. E. Zoning Designation for Annexed Property: All land annexed to the City shall be designated consistent with the Woodburn Comprehensive Plan, unless an application to re-designate the property is approved as part of the annexation process. F. The timing of public improvements is as follows: 1. Street dedication is required upon annexation. 2. Dedication of public utility easements (PUE) is required upon annexation. 3. Street improvements are required upon development. 4. Connection to the sanitary sewer system is required upon development or septic failure. 5. Connection to the public water system is required upon development or well failure. 6. Connection to the public storm drain system is required upon development. 5.04.02 Comprehensive Plan Map Change, Owner Initiated A. Purpose: The purpose of an Owner Initiated Comprehensive Map Change is to provide a process for the consideration of a change in use designation on the Woodburn Comprehensive Plan, initiated by the property owner. B. Criteria: The applicant shall demonstrate the following: 1. Proof that the current Comprehensive Plan Map is in error, if applicable. 2. Substantial evidence showing how changes in the community warrant the proposed change in the pattern and allocation of land use designations. 3. Substantial evidence showing how the proposed change in the land use designation complies with: a. Statewide Planning Goals and Oregon Administrative Rules; b. Comprehensive Plan goals and policies; and c. Sustains the balance of needed land uses within the Woodburn Urban Growth Boundary. 4. Amendments to the comprehensive plan and land use standards which significantly affect a transportation facility shall ensure that allowed land uses are consistent with the function, capacity, and level of service of the facility identified in the Transportation System Plan. This shall be accomplished by one of the following: a. Limiting allowed land uses to be consistent with the planned function of the transportation facility; or b. Amending the Transportation System Plan to ensure that existing, improved, or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule; or, c. Altering land use designations, densities, or design requirements to reduce demand ---PAGE BREAK--- Woodburn Development Ordinance for automobile travel and meet travel needs through other modes of transportation. 5.04.03 Formal Interpretation of the Woodburn Development Ordinance A. Purpose: The purpose of a Type IV Interpretation is to provide a procedure for the City Council to consider and to clarify an ambiguous element of the Woodburn Development Ordinance. B. Criteria: The appropriateness of the proposed interpretation shall be reviewed in light of the following factors: 1. The consistency of the proposed interpretation with the intent of the Comprehensive Plan, based on an evaluation of applicable goals and policies; 2. The compatibility of the interpretation with associated definitions, guidelines and standards of the Woodburn Development Ordinance and applicable state statutes; 3. The positive and negative consequences of the interpretation on the subject property, properties in the vicinity and its application throughout the City as a whole; and 4. The need for further consideration as either an amendment of this ordinance or the consideration through the appropriate permitting review procedure. 5.04.04 Official Zoning Map Change, Owner Initiated A. Purpose: The purpose of an Owner Initiated Official Zoning Map Change is to provide a procedure to change the Official Zoning Map, in a manner consistent with the Woodburn Comprehensive Plan. B. Criteria: The following criteria shall be considered in evaluating an Official Zoning Map Change; 1. Demonstrated need for the proposed use and the other permitted uses within the proposed zoning designation. 2. Demonstrated need that the subject property best meets the need relative to other properties in the existing developable land inventory already designated with the same zone considering size, location, configuration, visibility and other significant attributes of the subject property. 3. Demonstration that amendments which significantly affect transportation facilities ensure that allowed land uses are consistent with the function, capacity, and level of service of the facility identified in the Transportation System Plan. This shall be accomplished by one of the following: a. Limiting allowed land uses to be consistent with the planned function of the transportation facility; or b. Amending the Transportation System Plan to ensure that existing, improved, or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule; or, c. Altering land use designations, densities, or design requirements to reduce demand ---PAGE BREAK--- Woodburn Development Ordinance for automobile travel and meet travel needs through other modes of transportation. C. Delineation: Upon approval, a zone change shall be delineated on the Official Zoning Map by the Director. A zone change subject to specific conditions shall be annotated on the Official Zoning Map to indicate that such conditions are attached to the designation. ---PAGE BREAK--- Ordinance 2574 Page 1 ORDINANCE NO. 2574 AN ORDINANCE PROHIBITING TOBACCO USE, SMOKING, AND THE USE OF INHALANT DELIVERY SYSTEMS IN WOODBURN CITY PARKS THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. A. City Park means land controlled by the City that is available to the public and used for municipal park purposes. 32TB. Inhalant Delivery System32T means any noncombustible product that employs a mechanical heating element, electronic element, battery, circuit, cartridge, or other system and that is capable of being used to ingest tobacco, nicotine, or other drug or plant solution, and includes electronic cigarettes, devices or products. 32TC. Smoking32T means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, grass, plant, liquid, vapor or any other tobacco product. This includes the use of any inhalant delivery system, electronic smoking device, or other delivery devices, which creates smoke, vapor, aerosol or any other byproduct. 32TD. Tobacco Product32T means any product that contains tobacco or nicotine, or is derived from tobacco or nicotine. E. 32T obacco Use32T means smoking, inhaling, exhaling, vaping, use of an inhalant delivery system, use of an electronic cigarette or other smoking device. Section 2. Prohibitions. A. Tobacco use, smoking, and the use of any inhalant delivery system is prohibited in all City Parks. B. The City Administrator is directed to post signs in appropriate locations to provide public notice of this prohibition. Section 3. Penalty. A person who violates this Ordinance commits a Class 4 Civil Infraction and is subject to the procedures contained in the Civil Infraction Ordinance. Each violation of this Ordinance constitutes a separate civil infraction. Passed by the Council August 12, 2019, and approved by the Mayor August 16, 2019. ---PAGE BREAK--- Ordinance 2577 Page 1 ORDINANCE NO. 2577 AN ORDINANCE PROHIBITING CAMPING IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR ENFORCEMENT; AND DECLARING AN EMERGENCY THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Purpose. This Ordinance is adopted pursuant to the City’s police powers as set forth in the Oregon Constitution and the Woodburn Charter for the following purposes: A. To protect public health and safety. B. To maintain and safeguard the use of Public Rights-of-Way, which the City holds in trust for the public C. To protect the constitutional rights of all individuals. D. To avoid the creation of public nuisances. Section 2. Findings. The City makes the following findings: A. Camping on Public Rights-of-Way threatens the safety and welfare of all pedestrians, with the greatest impact on those pedestrians who are elderly or young children or who have physical and mental disabilities. B. Camping on Public Rights-of-Way is dangerous to the individuals who are camping and constitutes a public safety hazard. C. Camping on Public Rights-of-Way can be dangerous to drivers and constitutes a public safety hazard. D. Camping on Public Rights-of-Way can obstruct and delay public safety personnel responding to emergencies. E. The accumulation of trash, uncontained food and human waste related to camping in Public Rights-of-Way, is detrimental to safety and public health. Section 3. Camping on Public Property and Rights-of-Way. It shall be unlawful for any person or persons to camp on Public Rights-of-Way within the City. Section 4. Definitions. A. “To Camp” means to set up, or remain in or at, a Campsite for the purpose of establishing or maintaining a temporary place to live. ---PAGE BREAK--- Ordinance 2577 Page 2 B. “Campsite” means any place where any bedding, sleeping bag, or other sleeping matter, or any stove or fire is placed, established, or maintained, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure or any vehicle or part thereof. A Campsite includes any place where there is a tent, or any structure or assembly of materials consisting of a top or roof or any other upper covering and enclosed on one or more sides, that is of sufficient size for a person to fit underneath or inside. C. “Public Rights-of-Way” means and includes, but is not limited to, the space in, upon, above, along, across, over or under the public streets, roads, highways, lanes, courts, ways, alleys, boulevards, bridges, trails, paths, sidewalks, bicycle lanes, public utility easements, and all other public ways or areas, including the subsurface under and air space over these areas, but does not include parks, parkland or other City property not generally open to the public for travel. Section 5. Enforcement. A. A violation of this Ordinance is declared a public nuisance under Ordinance 2338 (the Nuisance Ordinance). Due to the public health and safety concerns stated in the Ordinance Findings, the City Council directs the summary abatement of Campsites in Public Rights-of-Way, subject to applicable state statutes. B. This Ordinance is cumulative to other City Ordinances and regulations and should be construed consistent with these other enactments. Section 6. [Emergency clause.] Passed by the Council and approved by the Mayor January 27, 2020. ---PAGE BREAK--- ORDINANCE NO. 2578 AN ORDINANCE, ENACTED IN COMPLIANCE WITH ORS 203.077, TO DEVELOP A POLICY FOR REMOVAL OF CAMPING SITES ON PUBLIC PROPERTY AND DECLARING AN EMERGENCY THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Unlawful Camping on Public Property. It is unlawful for any person to camp in or upon public property for more than seventy-two (72) hours after having been given a notice of unlawful camping as provided by this Ordinance. Any person found to be camping unlawfully on public property may be removed from the unlawful Camping Site pursuant to City ordinance and consistent with Oregon law. [Section 1 as amended by Ordinance No. 2600, passed March 28, 2022.] Section 2. Definitions. A. “To Camp” means to set up, or remain in or at, a Camping Site for the purpose of establishing or maintaining a temporary place to live. B. “Camping Site” means any place where any bedding, sleeping bag, or other sleeping matter, or any stove or fire is placed, established, or maintained, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure or any vehicle or part thereof. A Camping Site includes any place where there is a tent, or any structure or assembly of materials consisting of a top or roof or any other upper covering and enclosed on one or more sides, that is of sufficient size for a person to fit underneath or inside. Section 3. Removal of Individuals, their Property and Camping Sites on Public Property. A. Prior to the removal of any individual and/or their Personal Property from an established Camping Site on public property, law enforcement officials shall post a Camping Site Removal Notice, written in English and Spanish, seventy-two (72) hours in advance of removal. 1. At the time the notice is posted, law enforcement officials shall inform a local agency that delivers social services to homeless individuals where the notice has been posted. 2. This local agency may arrange for outreach workers to visit the Camping Site where a notice has been posted to assess the need for social service assistance in arranging shelter and other assistance. 3. All unclaimed Personal Property shall be given to law enforcement officials whether seventy-two (72) hour notice is required or not. The City shall develop a protocol for the custody, removal, storage, and destruction of the unclaimed Personal Property. 4. An Unclaimed Personal Property Notice shall be posted, written in English and Spanish, providing a phone number to call during the business hours of 8:00 AM to 4:00 PM, Monday through Friday, to arrange an appointment to pick up the unclaimed Personal ---PAGE BREAK--- Property. This notice shall be posted at all entrances to the Camping Site and made to be weather resistant. The unclaimed Personal Property shall be stored for 30 days from the removal date in a facility located within the corporate boundary of the City of Woodburn and will be reasonably available to any individual claiming ownership. Personal property that remains unclaimed for 30 days will be disposed of and the notice removed. 5. “Personal Property” means any item that is reasonably recognizable as belonging to a person and has apparent utility. Items that have no apparent utility or are in an unsanitary condition will be immediately discarded upon removal of the Camping Site. 6. City officials shall photograph the Camping Site prior to the removal of property and provide a general description of items disposed of due to their lack of apparent utility or unsanitary condition. 7. Weapons, drug paraphernalia and items that appear to be either stolen or evidence of a crime shall be turned over to the appropriate law enforcement officials. B. Following the removal of homeless individuals from a Camping Site on public property, the law enforcement officials, local agency officials and outreach workers may meet to assess the notice and removal policy, to discuss whether removals are occurring in a humane and just manner and to determine if any changes are needed in the policy. C. The seventy-two (72) hour Camping Site Removal Notice shall not apply: 1. When there are grounds for law enforcement officials to believe that illegal activities other than camping are occurring. 2. In the event of an exceptional emergency such as possible site contamination by hazardous materials or when there is immediate danger to human life or safety. D. A person authorized to issue a citation for Unlawful Camping on Public Property may not issue the citation if the citation would be issued within 200 feet of the notice described in this section and within two hours before or after the notice was posted. [Section 3 as amended by Ordinance No. 2600, passed March 28, 2022.] Section 4. Enforcement. A. Unlawful Camping on Public Property in violation of this Ordinance constitutes a Class 3 Civil Infraction subject to forfeiture not to exceed $250. B. Recognizing the need for humane treatment of homeless individuals Unlawfully Camping on Public Property, the City Council, as an alternative to a Civil Infraction citation under section 4A, authorizes summary abatement of the unlawful Camping Sites pursuant to the procedures provided in this Ordinance. C. This Ordinance is cumulative to other City Ordinances and regulations and should be construed consistent with these other enactments. ---PAGE BREAK--- Section 5. [Emergency clause.] Passed by the Council and approved by the Mayor January 27, 2020. ---PAGE BREAK--- Ordinance No. 2583 Page 1 ORDINANCE NO. 2583 AN ORDINANCE PROVIDING FOR THE MANAGEMENT OF UTILITY SERVICES WITHIN THE CITY AND ACCESS TO AND USE OF THE CITY'S RIGHTS-OF-WAY THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Title. The ordinance will be known and may be referenced as the Utility Service Ordinance. Section 2. Purpose and Intent. The purpose and intent of this Ordinance is to: A. Permit and manage reasonable access to and use of the City’s rights-of-way for utility purposes and conserve the limited physical capacity of those rights-of-way held in trust by the City consistent with applicable state and federal law; B. Assure that the City’s current and ongoing costs of granting and regulating access to, the use of the rights-of-way and utility services provisioned in the City, are fully compensated by the persons seeking such access and causing such costs; C. Secure fair and reasonable compensation to the City and its residents for permitting use of the rights-of-way by persons who generate revenue by placing, owning, controlling, using or operating facilities therein or generate revenue for utility services; D. Assure that all utility companies, persons and other entities owning, operating facilities, using facilities, or providing services within the City comply with the ordinances, rules and all regulations of the City heretofore or hereafter amended or adopted; 1. For the purposes of this Ordinance, all utility services owned or operated by the City are excluded. 2. For the purposes of this Ordinance, all utility services owned or operated by other municipalities are excluded. E. Assure that the City can continue to fairly and responsibly protect the public health, safety and welfare of its residents; F. Encourage the provision of advanced and competitive utility services on the widest possible basis to businesses and residents of the City by, 1. Allowing the City to enter into other or additional agreements with Utility Providers and Operators, if the public’s interest is served, and to amend the requirement of this Ordinance and the City regulations, as new technology is developed; 2. Allowing the City to be resilient and adaptive to changes in technology; and G. Comply with applicable provisions of state and federal law. ---PAGE BREAK--- Ordinance No. 2583 Page 2 Section 3. Jurisdiction and Management of the Public Rights-of-way. A. The City has jurisdiction and exercises regulatory management over, all rights- of-way within the City and provision of services, under authority of the City Charter and Oregon law. B. The City has jurisdiction and exercises regulatory management over each right-of-way whether the City has a fee, easement, or other legal interest in the right-of- way, and whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means. C. The exercise of jurisdiction and regulatory management of a right-of-way by the City is not official acceptance of the right-of-way and does not obligate the City to maintain or repair any part of the right-of-way. D. The provisions of this Ordinance are subject to and will be applied consistent with applicable state and federal laws, rules and regulations, and, to the extent possible, will be interpreted to be consistent with such laws, rules and regulations. Section 4. Regulatory Fees and Compensation Not a Tax. A. The fees and costs provided for in this Ordinance, and any compensation charged and paid for use of the rights-of-way and the provision of services provided for in this Ordinance, are separate from, and in addition to, any and all other federal, state, local, and City charges, including but not limited to: any permit fee, or any other generally applicable fees, tax, or charge on business, occupations, property, or income as may be levied, imposed, or due from a utility operator, utility provider, franchisee or licensee, its customers or subscribers, or on account of the lease, sale, delivery, or transmission of utility services. B. The City has determined that any fee or tax provided for by this Ordinance is not subject to the property tax limitations of Article XI, Sections 11 and 11b of the Oregon Constitution. These fees or taxes are not imposed on property or property owners. C. The fees and costs provided for in this Ordinance are subject to applicable federal and state laws. Section 5. Definitions. For the purpose of this Ordinance the following terms, phrases, words and their derivations will have the meaning given herein. When not inconsistent with the context, words not defined herein will be given the meaning set forth in the Communications Act of 1934, as amended, the Cable Act, and the Telecommunications Act. If not defined in those statues, the words will be given their common and ordinary meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The words “shall” and “will” are mandatory and “may” is permissive. “Cable Act” means the Cable Communications Policy Act of 1987, 47 U.S.C., Section 521, et seq., as now and hereafter amended. ---PAGE BREAK--- Ordinance No. 2583 Page 3 “Cable service” is to be defined consistent with federal laws and means the one-way transmission to subscribers of: video programming, or (ii) other programming service; and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. “Calendar year” means January 1 to December 31, unless otherwise noted. “City” means the city of Woodburn, an Oregon municipal corporation, and individuals authorized to act on the City’s behalf. “City council” means the elected governing body of the city of Woodburn, Oregon. “City facilities” means City or publicly owned structures or equipment located within the right-of-way or public easement used for governmental purposes. “City standards” means the all ordinances, codes, regulations and rules of the City of Woodburn, in effect at the time of any work. “City property” means and includes all real property owned by the City, other than public right-or-way and utility easement as those are defined herein, and all property held in proprietary capacity by the City. “Communications services” means any service provided for the purpose of transmission of information including, but not limited to, voice, video, or data, without regard to the transmission protocol employed, whether or not the transmission medium is owned by the provider itself. Communications service includes all forms of telephone services and voice, video, data or information transport, but does not include: cable service; open video system service, as defined in 47 C.F.R. 76; private communications system services provided without using the public rights-of-way; public communications systems; over-the-air radio or television broadcasting to the public-at-large from facilities licensed by the Federal Communications Commission or any successor thereto; and direct-to- home satellite service within the meaning of Section 602 of the Telecommunications Act. “Construction” means any activity in the public right-of-way resulting in physical change thereto, including excavation or placement of structures. “Control” or “Use of Facilities” means actual working control over utility facilities in whatever manner exercised, whether or not the facility is owned. For example, but not limitation, Control means and includes leased capacity, transport, or any other use. “Days” mean calendar days unless otherwise specified. “Emergency” means a circumstance in which immediate work to repair damaged or malfunctioning facilities is necessary to restore lost service or prevent immediate harm to persons or property. “Federal Communications Commission” or “FCC” means the federal administrative agency, or its lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. ---PAGE BREAK--- Ordinance No. 2583 Page 4 “Gross Revenue” means any and all amounts, of any kind, nature or form, without deduction for expense, less net uncollectable, derived from the operation (including revenue derived from a leases or other agreements allowing use of facilities to other utility operators or providers), or use of utility facilities in the City, operation of a Communications Services or the provision of utility service(s) in the City, subject to all applicable limitations in federal or state law. “License” or “Utility License” means the authorization granted by the City to a utility operator or utility provider pursuant to this Ordinance. “Licensee” or “Utility Licensee” means any person that has a valid Utility licensed issued by the City. “Person” means and includes any individual, firm, sole proprietorship, corporation, company, partnership, co-partnership, joint-stock company, trust, limited liability company, association, municipality, special district, government entity or other organization, including any natural person or any other legal entity. “Private communications system” means a system, including the construction, maintenance or operation of the system, for the provision of a service or any portion of a service which is owned or operated exclusively by a person for their use and not for sale or resale, including trade, barter or other exchange of value, directly or indirectly, to any person. “Public communications system” means any system owned or operated by a government entity or entities for its exclusive use for internal communications or communications with other government entities, and includes services provided by the state of Oregon pursuant to ORS 283.140. “Public communications system” does not include any system used for sale or resale, including trade, barter or other exchange of value, of communications services or capacity on the system, directly or indirectly, to any person. “Public utility easement” means the space in, upon, above, along, across, over or under an easement for the constructing, reconstructing, operating, maintaining, inspecting, and repairing of utilities facilities. “Public utility easement” does not include an easement that has been privately acquired by a utility operator, (ii) solely for the constructing, reconstructing, operating, maintaining, inspecting, and repairing of city facilities, or (iii) where the proposed use by the utility operator is inconsistent with the terms of any easement granted to the City. “Right-of-way” , “Rights-of-Way”, “Public right-of-way”, or “ROW” means and includes, but is not limited to, the space in, upon, above, along, across, over or under the public streets, roads, highways, lanes, courts, ways, alleys, boulevards, bridges, trails, paths, sidewalks, bicycle lanes, public utility easements and all other public ways or areas, including the subsurface under and air space over these areas, but does not include parks, parkland, or other city property not generally open to the public for travel. This definition applies only to the extent of the City’s right, title, interest and authority to grant a license to occupy and use such areas for utility facilities. “Small Cell Wireless Facility” means Facilities owned or operated for the provision of ---PAGE BREAK--- Ordinance No. 2583 Page 5 communications that are shorter ranged, wireless systems affixed to a structure with generally smaller components than traditional Macro Wireless Facilities and are deployed where suitable in flexible configurations to provide capacity and coverage. Small Cell Wireless Facilities means a facility that meets each of the following conditions per 47 C.F.R § 1.6002(l), as may be amended or superseded: The facilities are mounted on structures 50 feet or less in height including the antennas, or (ii) are mounted on structures no more than 10 percent taller than other adjacent structures, or (iii) do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; and, Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; and, All other wireless equipment associated with the structure, including wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; and, The facilities do not result in human exposure to radio frequency in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b). “State” means the state of Oregon. “Structure” means any facility a Utility Provider or Utility Operator places in the ROW, including but not limited to poles, vaults or manholes, hand holds, or junction boxes, conduit, direct bury cable, wires, pedestals, aerial cables or wires and transformers. “Telecommunications Act” means the Communications Policy Act of 1934, as amended by subsequent enactments including the Telecommunications Act of 1996 (47 U.S.C., 151 et seq.) and as hereafter amended. “Utility facility” or “facility” means any physical component of a system, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, transmitters, plant, equipment and other facilities, located within, under or above the rights-of-way, any portion of which is used or designed to be used to deliver, transmit or otherwise provide utility service. “Utility operator” or “operator” means any person who owns, places, controls, operates or maintains a utility facility within the City. “Utility provider” or “Provider” means any person who provides utility service or communication services to customers within the City limits, whether or not any facilities in the ROW are owned by such provider. “Utility service” means the provision, by means of utility facilities permanently located within, under or above the rights-of-way, whether or not such facilities are owned by the ---PAGE BREAK--- Ordinance No. 2583 Page 6 service provider, of electricity, natural gas, communications services, or cable services, to or from customers within the City limits, or the transmission or provision of any of these services through the City whether or not customers within the City are served by those transmissions and whether or not the facilities used for transmission are owned by the service provider. “Work” means the construction, demolition, installation, replacement, repair, maintenance or relocation of any utility facility, including but not limited to any excavation and restoration required in association with such construction, demolition, installation, replacement, repair, maintenance or relocation. Section 6. Business Registration. Business Registration Required. Every person that desires to use, operate or control utility facilities, or provide utility services to customers within the City will register with the City prior to use, operation, control of utility facilities, or providing any utility services to any customer in the City, in compliance with Ordinance No. 2399. Every person using, operating, controlling, or providing utility services to customers within the City as of the effective date of this Ordinance will obtain a Business Registration within thirty (30) days of the effective date of this Ordinance. Every person subject to this Ordinance will renew and maintain a Business Registration as required in Woodburn’s Ordinances that are heretofore or hereafter amended, at all times that the person, uses, operates, controls, provides or operates a utility services, to customers within the City. Section 7. Utility License. A. License Required. Except those utility operators and utility providers with a valid franchise or other valid agreement from the City, every person will obtain a Utility License from the City prior to conducting any work in or use of the ROW, or providing utility services or communication services to or from customers within the City limits, or the transmission or provision of any of these services through the City whether or not customers within the City are served by those transmissions and whether or not the facilities used for transmission are owned by the service provider. 1. Every person that owns, or controls, provides utility services, or uses utility facilities in the rights-of-way as of the effective date of this Ordinance will apply for a Utility License from the City within thirty (30) days of the later of: the effective date of this Ordinance, or the expiration of a valid agreement granted by the City, unless a new agreement is granted by the City for a person that is not a utility operator, providing utility services within the City. 2. The provisions of this section do not apply to any person subject to and in compliance with the cable television franchise requirement, except that subsection K will apply to the extent such person provides multiple services, subject to applicable law. B. Utility License Application. The license application will be on a form provided by the City, and will be accompanied by any additional documents required by the application or the City, in the City’s sole discretion, to identify the applicant, its legal status, including its authorization to do business in Oregon, a description of the type of utility service provided or to be provided by the applicant, a description of the facilities over which the ---PAGE BREAK--- Ordinance No. 2583 Page 7 utility service will be provisioned, and other information necessary to determine the applicant’s ability to comply with the terms of this Ordinance. C. Utility License Application & Renewal Fee. The application and renewal application will be accompanied by a nonrefundable fee or deposit set by resolution of the City Council. D. Determination by City. The City will issue, within a reasonable period of time, a written determination granting or denying the Utility License in whole or in part. If the Utility License is denied, the written determination will include the reasons for denial. The Utility License will be evaluated based upon the provisions of this Ordinance, the information contained on the Utility License application, the continuing capacity of the rights-of-way to accommodate the applicant’s proposed utility facilities and the applicable federal, state and local laws, rules, regulations and policies. E. Changes to information contained on the Utility License application. Within thirty (30) days of a change to the information contained in the license application, the Licensee will notify the City in writing of such change(s). F. Franchise and other Agreements. If the public interest warrants, as determined by the City in its sole discretion, the City and any communications provider – including cable providers, utility operator or utility provider, including Small Cell wireless providers, may enter into a written franchise or other agreement that includes terms that clarify, enhance, expand, waive or vary the provisions of this Ordinance, consistent with applicable state and federal law. The agreement may conflict with the terms of this Ordinance with the review and approval of City Council. The franchisee will be subject to the provisions of this Ordinance to the extent such provisions are not in conflict with the express provisions of any such franchise or agreement. In the event of a conflict between the express provisions of a franchise or other agreement and this Ordinance, the franchise or other agreement will control. 1. The provider requesting a franchise agreement will deposit a non-refundable fee, as set by resolution of the City Council before negotiations occur. G. Rights Granted. 1. The Utility License granted hereunder will authorize and permit the licensee, subject to the provisions of the City regulations and ordinance and other applicable provisions of the City, state or federal law, in effect and as may be subsequently amended, to construct, place, maintain, upgrade, repair and operate, control or use utility facilities in the rights-of-way for the term of the license for the provision of utility service(s) authorized in the license. In the event the licensee offers different service(s) than those authorized in the license, the licensee will inform the City of such changes no later than thirty (30) days after the change. 2. Any Utility License granted pursuant to this Ordinance will not convey equitable or legal title in the rights-of-way and may not be assigned or transferred except as permitted in subsection L of this section. ---PAGE BREAK--- Ordinance No. 2583 Page 8 Neither the issuance of the Utility License nor any provisions contained therein will constitute a waiver or bar to the exercise of any governmental right or power, including without limitation, the police power or regulatory power of the City, in existence at the time the license is issued or thereafter obtained. H. Term. Subject to the termination provisions in subsection N of this section, the Utility License granted pursuant to this Ordinance will be effective as of the date it is issued by the City or the date services began, whichever comes first, and will have a term of five calendar years beginning: January 1st of the year in which the license took effect for licenses that took effect between January 1st and June 30th; or January 1st of the year after the license took effect for licenses that become effective between July 1st and December 31st. I. Utility License Nonexclusive. No license granted pursuant to this section will confer any exclusive right, privilege, license or franchise to occupy or use the rights-of-way for delivery of utility services or any other purpose. The City expressly reserves the right to grant licenses, franchises or other rights to other persons, as well as the City’s right to use the rights-of-way, for similar or different purposes. The license is subject to all recorded deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record that may affect the rights-of-way. Nothing in the license will be deemed to grant, convey, create, or vest in licensee a real property interest in land, including any fee, leasehold interest or easement. J. Reservation of City Rights. Nothing in the Utility License will be construed to prevent the City from grading, paving, repairing and/or altering any rights-of-way, constructing, laying down, repairing, relocating or removing City facilities or establishing any other public work, utility or improvement of any kind, including repairs, replacement or removal of any city facilities. If any of licensee’s utility facilities interfere with the construction, repair, replacement, alteration or removal of any rights-of-way, public work, city utility, city improvement or city facility, except those providing utility services in competition with a licensee, licensee’s facilities will be removed or relocated as provided in subsections C, D and E of Section 9, in a manner acceptable to the City and consistent with City standards, industry standard engineering and safety codes in effect at the time the work is required. K. Multiple Services. 1. A utility operator that provides or transmits or allows the provision or transmission of utility services and other services over its facilities is subject to the license and Usage fee requirements of this Ordinance for the portion of the facilities and extent of utility services delivered over those facilities. Nothing in this subsection J requires a utility operator to pay the Usage use fee, if any, owed to the City by another person using the utility operator’s facilities. 2. A utility operator that provides or transmits more than one utility service to customers in the City may not be required to obtain a separate Utility License or franchise for each utility service, but is required to file separate reports, remittances and submit any Usage fees due for each service provided. ---PAGE BREAK--- Ordinance No. 2583 Page 9 L. Transfer or Assignment. To the extent permitted by applicable state and federal laws, the Utility Licensee will obtain the written consent of the City prior to the transfer or assignment of the license. The license will not be transferred or assigned unless: 1. The proposed transferee or assignee is authorized under all applicable laws to own or operate the utility facilities and/or provide the utility service authorized under the license; and 2. The transfer or assignment is approved by all agencies or organizations required or authorized under federal and state laws to approve such transfer or assignment. The Utility Licensee requesting the transfer or assignment will fully cooperate with the City and provide requested documentation, as the City deems necessary, in the City’s sole discretion, at no cost to the City, to sufficiently understand the transferees’ ability to perform under the license. If the City approves such transfer or assignment, the transferee or assignee will become responsible for fulfilling all obligations under the Utility License. A transfer or assignment of a license does not extend the term of the license. M. Renewal. At least thirty (30) days, but no more than ninety (90) days prior to the expiration of a Utility License granted pursuant to this section, a licensee seeking renewal of its license will submit a license application to the City, including all information required in subsection B of this section and applicable fees fee required in subsection C of this section. The City will review the application as required by subsection D of this section and grant or deny the license. If the City determines that the licensee is in violation of the terms of this Ordinance, or other City Ordinances, rules or regulations, at the time it submits its application, the City may require that the licensee cure the violation or submit a detailed plan to cure the violation within a reasonable period of time, as determined by the City, before the City will consider the application and/or grant the license. If the City requires the licensee to cure or submit a plan to cure a violation, the City will grant or deny the license application within ninety (90) days of confirming that the violation has been cured or of accepting the licensee’s plan to cure the violation. N. Termination. 1. Revocation or Termination of a Utility License. The City may terminate or revoke the license granted pursuant to this Ordinance for any of the following reasons: a. Violation of any of the provisions of this Ordinance; b. Violation of any provision of the license; c. Misrepresentation in a license application; d. Failure to pay taxes, compensation, fees or costs due the City after final determination by the City, of the taxes, compensation, fees or costs; e. Failure to restore the rights-of-way after construction as required by this Ordinance or other applicable state and local laws, ordinances, rules and regulations; f. Failure to comply with technical, safety and engineering standards related to work in the rights-of-way; or ---PAGE BREAK--- Ordinance No. 2583 Page 10 g. Failure to obtain or maintain any and all licenses, permits, certifications and other authorizations required by state or federal law for the placement, maintenance and/or operation of the utility facilities. 2. Standards for Revocation or Termination. In determining whether termination, revocation or some other sanction is appropriate, the following factors will be considered: a. The egregiousness of the misconduct; b. The harm that resulted; c. Whether the violation was intentional; d. The Licensee’s history of compliance; and/or e. The Licensee’s cooperation in discovering, admitting and/or curing the violation. 3. Notice and Cure. The City will give the Utility Licensee written notice of any apparent violations before terminating a Utility License. The notice will include a short and concise statement of the nature and general facts of the violation or noncompliance and provide a reasonable time (no less than twenty (20) and no more than forty (40) days) for the Licensee to demonstrate that the Licensee has remained in compliance, that the Licensee has cured or is in the process of curing any violation or noncompliance, or that it would be in the public interest to impose a penalty or sanction less than termination or revocation. If the Licensee is in the process of curing a violation or noncompliance, the Licensee must demonstrate that it acted and continues to actively work on compliance. If the Licensee does not respond or if the City determines that the Licensee’s response is inadequate, the City may revoke and/or terminate the Utility License. 4. Termination by Utility Licensee. If a licensee ceases to be required to have a Utility License, as defined under this Ordinance, the licensee may terminate or surrender its license, with a thirty (30) day notice to the City. Licensee may reapply for a Utility License at any time. No refunds or credits will be given for licenses terminated by the licensee or the City. a. Within thirty (30) days of surrendering a Utility License, the licensee will file a final remittance form with the City stating, “final remittance” and will remit any funds due. b. Upon surrendering a Utility License, the licensee will file a written statement that it has removed, or will remove within 60 days, any and all facilities from the City and no longer provides Utility Services, as defined in this ordinance. Section 8. Construction and Restoration. A. Construction Codes. Utility facilities will be constructed, installed, operated, repaired and maintained in accordance with all applicable federal, state and local codes, rules and regulations, including but not limited to the National Electrical Code and the National Electrical Safety Code and the City Standards, in effect at the time of the work. When a utility operator, utility provider or licensee, or any person acting on its behalf, does any work in or affecting the ---PAGE BREAK--- Ordinance No. 2583 Page 11 rights-of-way, the utility operator will, at its own expense, restore the rights- of-way as directed by the City consistent with applicable city codes, rules and regulations, in effect at the time of the work. A utility operator, utility provider, licensee or other person acting on its behalf will use suitable barricades, flags, flagging attendants, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person(s), vehicle or property by reason of such work in or affecting the rights of way or property. B. Construction Permits. 1. No person will perform any work on utility facilities within the rights-of-way without first obtaining all required permits. The City will not issue a permit for the construction, installation, maintenance or repair of utility facilities unless the utility operator of the facilities has applied for and received a valid license, franchise agreement or other valid agreement (if applicable), required by this Ordinance, and all applicable fees have been paid. No permit is required for routine maintenance or repairs to customer service drops where such, repairs or maintenance do not require cutting, digging, or breaking of, or damage to, the right of way and do not result in closing or blocking any portion of the travel lane for vehicular traffic, bicycle lanes or sidewalks. 2. In the event of an Emergency, a utility operator or provider with a license pursuant to this Ordinance or its contractor may perform work on its utility facilities without first obtaining a permit from the City, provided that, to the extent reasonably feasible, it attempts to notify the City prior to commencing the emergency work and in any event applies for a permit from the City as soon as reasonably practicable, but not later than 5:00pm PST of the next business day after commencing the emergency work. Section 9. Location of Facilities. A. Location of Facilities. Unless otherwise agreed to in writing by the City: 1. All utility operators are required to make good faith effort to both cooperate with and coordinate their construction schedule with those of the City and other users. 2. Utility facilities will be installed underground in all areas of the City where there are no existing poles in the ROW, there is no space on existing poles in the ROW, or where the only poles in the ROW are used only for high voltage lines (as defined below). This requirement will not apply to facilities used for transmission of electric energy at nominal voltages in excess of thirty-five thousand (35,000) volts or to antennas, pedestals, cabinets or other above- ground equipment of any utility operator for which the utility operator has written authorization to place above-ground. 3. Whenever any existing electric utilities, cable facilities or communications ---PAGE BREAK--- Ordinance No. 2583 Page 12 facilities are located underground within the ROW of the City, the utility operator with permission to occupy the same ROW will install all new facilities underground at no cost to the City. This requirement will not apply to facilities used for transmission of electric energy at nominal voltages in excess of thirty- five thousand (35,000) volts (“high voltage lines”) or to antennas, pedestals, cabinets or other above-ground equipment of any utility operator. The City reserves the right to require written approval of the location of any such above-ground equipment in the ROW. B. Interference with the Rights-of-Way. No utility operator or other person may locate or maintain its facilities so as to unreasonably interfere with the use of the rights-of- way by the City, by the general public or by other persons authorized to use or be present in or upon the rights-of-way. Utility facilities will not be located in area of restricted sight distance nor interfere with the proper function of traffic control signs, signals, lighting, or other devices that affect traffic operation. All use of the rights-of-way will be consistent with City codes, ordinances, rules and regulations in effect and as may be subsequently amended. C. Relocation of Utility Facilities. Unless otherwise agreed to in writing by the City: 1. A utility operator will, at no cost to the City, temporarily or permanently remove, relocate, change or alter the position of any utility facility within the ROW, including relocation of aerial facilities underground, when requested to do so in writing by the City. If relocation is required by the City, the City will bear no responsibility or incur any costs, to provide or in any way secure alternate locations. 2. Nothing herein will be deemed to preclude the utility operator from seeking reimbursement or compensation from a third party, pursuant to applicable laws, regulations, tariffs or agreements, provided that the utility operator will timely comply with the requirements of this section regardless of whether or not it has requested or received such reimbursement or compensation. 3. The City may coordinate the schedule for relocation of utility facilities and based on such effort will provide written notice of the time by which the utility operator must remove, relocate, change, alter or underground its facilities. If a utility operator fails to remove, relocate, change, alter or underground any utility facility as requested by the City by the date reasonably established by the City, the utility operator will pay all costs incurred by the City due to such failure, including but not limited to costs related to project delays, and the City may cause, using qualified personnel or contractors consistent with applicable state and federal safety laws and regulations, the utility facility to be removed, relocated, altered, or undergrounded at the utility operator’s sole expense. Upon receipt of an invoice from the City, the utility operator will reimburse the City for the costs the City incurred within thirty (30) days. 4. The City will cooperate with the utility operator in securing alternate locations. However, the City will bear no responsibility or costs for securing alternate locations. The City will bear no responsibility to obtain, compensate, or ---PAGE BREAK--- Ordinance No. 2583 Page 13 otherwise assist the utility operator in relocation of is facilities to location not in the control of the City. D. Removal of Unauthorized Facilities. 1. Unless otherwise agreed to in writing by the City, within thirty (30) days following written notice from the City or such other time agreed to in writing by the City, a utility operator and any other person that owns, controls, or maintains any abandoned or unauthorized utility facility within the rights-of- way will, at its own expense, remove the facility and restore the affected area. 2. A utility system or facility is unauthorized under any of the following circumstances: a. The utility facility, or any portion of the facility, is outside the scope of authority granted by the City under the Utility License, franchise or other written agreement. This includes facilities that were never licensed or franchised and facilities that were once licensed or franchised but for which the license or franchise has expired or been terminated. This does not include any facility for which the City has provided written authorization for abandonment in place. b. The facility has been abandoned and the City has not provided written authorization for abandonment in place. A facility is abandoned if it is not in use and is not planned for further use. A facility will be presumed abandoned if it is not used for a period of twelve (12) consecutive months. A utility operator may overcome this presumption by presenting plans for future use of the facility. c. The utility facility is improperly constructed or installed or is in a location not permitted by the construction permit, license, franchise or this Ordinance. d. The utility operator is in violation of a material provision of this Ordinance and fails to cure such violation within thirty (30) days of the City sending written notice of such violation, unless the City extends such time period in writing. E. Removal by City. 1. The City retains the right and privilege to cut or move any utility, without notice, as the City determines, at its sole discretion to be necessary, appropriate or useful in response to a public health or safety emergency. The City will use qualified personnel or contractors consistent with applicable state and federal safety laws and regulations to the extent reasonably practicable without impeding the City’s response to the emergency. The City will use best efforts to provide the utility operator with notice prior to cutting or moving facilities. If prior notice is not possible, the City will provide such notice as soon as reasonably practicable after resolution of the emergency. 2. If the utility operator fails to remove any facility when required to do so under this Ordinance, the City may remove the facility using qualified personnel or contractors consistent with applicable state and federal safety laws and regulations, and the utility operator will be responsible for paying the full cost ---PAGE BREAK--- Ordinance No. 2583 Page 14 of the removal and any administrative costs incurred by the City in removing the facility and obtaining reimbursement. Upon receipt of an invoice from the City, the utility operator will reimburse the City for the costs the City incurred within thirty (30) days. The obligation to remove will survive the termination of the license or franchise. 3. The City will not be liable to any utility operator for any damage to utility facilities, or for any incidental or consequential losses resulting directly or indirectly therefrom, by the City or its contractor in removing, relocating or altering the facilities pursuant to this Section 9, or resulting from the utility operator’s failure to remove, relocate, alter or underground its facilities as required by this Section 9, unless such damage arises directly from the City’s or it’s contractor’s negligence or willful misconduct. F. Engineering Record Drawings. The utility operator will provide the City with two complete sets of record drawings in a form acceptable to the City showing the location of all its utility facilities after initial construction if such plan changed during construction. The utility operator will provide updated complete sets of as built plans upon request of the City, but not more than once per year. G. Facility Map. Utility operator, Utility provider and Utility Licensee will provide, at no cost to the City, a comprehensive map showing the location of any facility in the City. Such map will be provided in a format acceptable to the City, with accompanying data sufficient enough for the City to determine the exact location of facilities, currently in Shapefile or Geodatabase format. The Utility Operator, Utility Provider and Utility Licensee will provide such map yearly by February 1 if any changes occurred during the prior year. The City may also request and will be provide the map, at no cost to the City, upon request, no more than once per year. Section 10. Leased Capacity. A utility operator may lease capacity on or in its facilities to others, provided that the utility operator requires and has verified with the City, that the proposed lessor has obtained proper authority from the City prior to leasing capacity or allowing use of its facilities. Upon request, at no cost to the City, the utility operator will provide a complete list with the name, business address and contact information of any lessee. If requested by the City, the utility operator will also provide exact details of any attachment by lessee. A utility operator is not required to provide such information if disclosure is expressly prohibited by applicable law. Section 11. Maintenance. A. Every utility operator will install and maintain all facilities in a manner that complies with applicable federal, state and local laws, rules, regulations and policies. The utility operator will, at its own expense, repair and maintain facilities from time to time as may be necessary to accomplish this purpose. B. If, after written notice from the City of the need for repair or maintenance as required in subsection A of this section, a utility operator fails to repair and maintain facilities as requested by the City and by the date reasonably established by the City, the City may perform such repair or maintenance using qualified personnel or contractors consistent with applicable state and federal safety laws and regulations at the utility operator’s sole ---PAGE BREAK--- Ordinance No. 2583 Page 15 expense. Upon receipt of an invoice from the City, the utility operator will reimburse the City for the costs the City incurred within thirty (30) days. Section 12. Vacation. If the City vacates any ROW, or portion thereof, that a utility operator uses, the utility operator will, at its own expense, remove its facilities from the ROW unless the City reserves a public utility easement, which the City will make a reasonable effort to do provided that there is no expense to the City, or the utility operator obtains an easement for its facilities. If the utility operator fails to remove its facilities within thirty (30) days after a ROW is vacated, or as otherwise directed or agreed to in writing by the City, the City may remove the facilities using qualified personnel or contractors consistent with applicable state and federal safety laws and regulations at the utility operator’s sole expense. Upon receipt of an invoice from the City, the utility operator will reimburse the City for the costs the City incurred within thirty (30) days. Section 13. Usage Fee. A. Except as set forth in subsection B of this section, every person that owns utility facilities in the City’s rights-of-way and every person that uses or controls utility facilities in the City’s rights-of-way to provide utility service, whether or not the person owns the utility facilities used to provision the utility services and every person that provides utility services within the City, will pay the usage fee for every utility service provided in the amount determined by resolution of the City Council. B. A utility operator whose only facilities in the ROW are facilities mounted on above-ground structures within the ROW, which structures are owned by another person, and with no facilities strung between such structures or otherwise within, under or above the ROW (other than equipment necessary to operate the mounted facilities that has been expressly approved by the City to be placed in the ROW), will pay the attachment fee set by City Council resolution for each attachment, or such other fee set forth in the license granted by the City. Unless otherwise agreed to in writing by the City, the fee will be paid quarterly, in arrears, within thirty (30) days after the end of each calendar quarter and will be accompanied by information sufficient to illustrate the calculation of the amount payable. C. No acceptance of any payment will be construed as accord that the amount paid is in fact the correct amount, nor will such acceptance of payment be construed as a release of any claim the City may have for further or additional sums payable. D. Usage fee payments required by this section will be reduced by any franchise fees or privilege taxes, due to the City, but in no case will be less than zero dollars E. Unless otherwise agreed to in writing by the City, the Usage fee set forth in subsection A of this section will be paid quarterly, in arrears, within thirty (30) days after the end of each calendar quarter. Each payment will be accompanied by an accounting of gross revenues, if applicable, and a calculation of the amount payable (a remittance form will be provided by the City). The City may request and will be provided at no cost to the City, any additional reports or information it deems necessary, in its sole discretion, to ensure compliance by the utility provider, utility operator or licensee. Such information may include, but is not limited to: chart of accounts, total revenues by categories and dates, list ---PAGE BREAK--- Ordinance No. 2583 Page 16 of products and services, narrative documenting calculation, details on number of customers within the City limits, or any other information needed for the City to easily verify compliance. F. The calculation of the Usage fee required by this section will be subject to all applicable limitations imposed by federal or state law in effect and as may be subsequently amended. G. The City reserves the right to enact other fees and taxes applicable to the utility providers, utility operators and licensee subject to this Ordinance. Unless expressly permitted by the City in enacting such fee or tax, or required by applicable state or federal law, no utility operator may deduct, offset or otherwise reduce or avoid the obligation to pay any lawfully enacted fees or taxes based on the payment of the Usage fees or any other fees required by this Ordinance Section 14. Penalties and Interest on Usage Fee. Penalties and interest imposed by this section are in addition to any penalties that may be assessed under other ordinances or regulations of the City. A. Any person who has not submitted the required remittance forms or remitted the correct fees when due as provided in Section 13 will pay a penalty listed below in addition to the amount due: 1. First occurrence during any one calendar year; Ten percent (10%) of the amount owed, or Twenty-five dollars ($25.00), whichever is greater. 2. Second occurrence during any one calendar year; Fifteen percent (15%) of the amount owed, or Fifty dollars ($50.00), whichever is greater. 3. Third occurrence during any one calendar year; Twenty percent (20%) or the amount owed, or Seventy-five dollars ($75.00), whichever is greater. 4. Fourth occurrence during any one calendar year; Twenty-five percent (25%) of the amount owed, or One hundred dollars ($100.00), whichever is greater. B. If the City determines that the nonpayment of any remittance due under this section is due to fraud or intent to evade the provisions hereof, an additional penalty of twenty-five percent (25%) of the amount owed, or Five hundred dollars ($500.00), whichever is greater, will be added thereto in addition to other penalties stated in section 14. C. In addition to the penalties imposed, any person who fails to remit any fee when due as provided in Section 13 will pay interest at the rate of 1.5% per month or fractions thereof, without proration for portions of a month, on the total amount due (including penalties), from the date on which the remittance first became delinquent, until received by the City. D. Every penalty imposed, and such interest as accrues under the provision of this section, will be merged with, and become part of, the fee required to be paid. ---PAGE BREAK--- Ordinance No. 2583 Page 17 The City or its designee, in their sole discretion, will have the authority to reduce or waive the penalties and interest due under Section 14. Section 15. Audits and Records Requests. A. Within thirty (30) days of a written request from the City, or as otherwise agreed to in writing by the City: 1. Every Utility Licensee, Utility Operator and Utility Provider will furnish the City, at no cost to the City, with information sufficient to demonstrate compliance with all the requirements of this Ordinance, any franchise agreements or other agreements, if any, including but not limited to payment of any applicable Business Registration fee, licensing fee, usage fee, attachment fee, franchise fee or privilege taxes. 2. Every Utility Operator, Utility Provider and Utility Licensee will make available for inspection by the City at reasonable times and intervals all maps, records, books, diagrams, plans and other documents, maintained by the utility operator with respect to its facilities or use of facilities, within the rights-of-way. Access will be provided within the City unless prior arrangement for access elsewhere has been made and approved by the City. B. If the City’s audit of the books, records and other documents or information of the Utility Licensee, Utility Operator or Utility Provider demonstrate that there has been underpaid the usage fee, licensing fee, attachment fee or franchise fee or any other fee or payment by two percent or more in any one year, the licensee, utility operator, or utility provider will reimburse the City for the cost of the audit, in addition to any interest owed pursuant to Section 14 or as specified in other agreements or franchises with the City. C. Any underpayment, including any interest or audit cost reimbursement, will be paid within thirty (30) days of the City’s notice of such underpayment. D. The Licensee, Utility Provider or Utility Operator is not required to maintain records for more than six years. The City is not required to maintain records beyond the State retention schedules. Section 16. Insurance and Indemnification. A. Insurance. 1. All utility operators will maintain in full force and effect the following liability insurance policies that protect the utility operator and the City, as well as the City’s officers, agents, and employees: a. Comprehensive general liability insurance with limits not less than: i. Three million dollars ($3,000,000.00) for bodily injury or death to each person; ii. Three million dollars ($3,000,000.00) for property damage resulting from any one accident; and ---PAGE BREAK--- Ordinance No. 2583 Page 18 iii. Three million dollars ($3,000,000.00) for all other types of liability. b. Commercial Automobile liability insurance for owned, non-owned and hired vehicles with a limit of one million dollars ($1,000,000.00) for each person and three million dollars ($3,000,000.00) for each accident. c. Worker’s compensation within statutory limits and employer’s liability with limits of not less than one million dollars ($1,000,000.00). d. If not otherwise included in the policies required by subsection a. above, maintain comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than three million dollars ($3,000,000.00). e. Utility operator may utilize primary and umbrella liability insurance policies to satisfy the preceding insurance policy limit requirements. 2. The limits of the insurance will be subject to statutory changes as to maximum limits of liability imposed on municipalities of the state of Oregon. The insurance will be without prejudice to coverage otherwise existing and will name, or the certificate of insurance will name, with the exception of worker’s compensation, as additional insureds the City and its officers, agents, and employees. The coverage must apply as to claims between insureds on the policy. The insurance will not be canceled or materially altered without thirty (30) days prior written notice first being given to the City, and the certificate of insurance will include such an endorsement. If the insurance is canceled or materially altered, the utility operator will obtain a replacement policy that complies with the terms of this section and provide the City with a replacement certificate of insurance. The utility operator will maintain continuous uninterrupted coverage, in the terms and amounts required. The utility operator may self-insure, or keep in force a self-insured retention plus insurance, for any or all of the above coverage. 3. The utility operator will maintain on file with the City a certificate of insurance, or proof of self-insurance acceptable to the City, certifying the coverage required above. B. Financial Assurance. Unless otherwise agreed to in writing by the City, before a franchise is granted or license issued pursuant to this Ordinance is effective, and as necessary thereafter, the utility operator will provide a performance bond or other financial security or assurance, in a form acceptable to the City, as security for the full and complete performance of the franchise or license, if applicable, and compliance with the terms of this Ordinance, including any costs, expenses, damages or loss the City pays or incurs because of any failure attributable to the utility operator to comply with the codes, ordinances, rules, regulations or permits of the City. This obligation is in addition to the performance surety required under this Ordinance. C. Indemnification. 1. Each utility licensee will defend, indemnify and hold the City and its officers, employees, agents and representatives harmless from and against any and all liability, causes of action, claims, damages, losses, judgments and other costs and expenses, including attorney fees and costs of suit or defense (at both the trial and appeal level, whether or not a trial or appeal ever takes ---PAGE BREAK--- Ordinance No. 2583 Page 19 place) that may be asserted by any person in any way arising out of, resulting from, during or in connection with, or alleged to arise out of or result from the negligent, careless, or wrongful acts, omissions, failure to act, or other misconduct of the utility licensee or its affiliates, officers, employees, agents, contractors, subcontractors, or lessees in the construction, operation, maintenance, repair, or removal of its facilities, and in providing or offering utility services over the facilities, whether such acts or omissions are authorized, allowed, or prohibited by this Ordinance or by a franchise agreement. The acceptance of a Utility license, or of a franchise granted by the City, will constitute such an agreement by the applicant whether the same is expressed or not, unless expressly stated otherwise in the license or franchise. Upon notification of any such claim the City will notify the utility operator and provide the utility operator with an opportunity to provide defense regarding any such claim. 2. Every utility licensee will also indemnify the City for any damages, claims, additional costs or expenses assessed against or payable by the City arising out of or resulting, directly or indirectly, from the utility licensee’s failure to remove or relocate any of its facilities in a timely manner, unless the utility licensee’s failure arises directly from the City’s negligence or willful misconduct. Section 17. Compliance. Every Utility licensee, utility operator and utility provider will comply with all applicable federal and state laws and regulations, including regulations of any administrative agency thereof, as well as all applicable ordinances, resolutions, rules and regulations of the City, heretofore or hereafter adopted or established during the entire term of any Utility License granted under this Ordinance. Section 18. Confidential/Proprietary Information. If any person is required by this Ordinance to provide books, records, maps or information to the City that the person reasonably believes to be confidential or proprietary, and such books, records, maps or information are clearly marked as confidential at the time of disclosure to the City (“confidential information”), the City will take reasonable steps to protect the confidential information to the extent permitted by Oregon Public Records Laws. In the event the City receives a public records request to inspect any confidential information and the City determines that it will be necessary to reveal the confidential information, to the extent reasonably possible the City will notify the person that submitted the confidential information of the records request prior to releasing the confidential information. The City will not be required to incur any costs to protect any confidential information, other than the City’s routine internal procedures for complying with the Oregon Public Records Law. Section 19. Penalties and Violations. A. Any person found in violation of any of the provisions of this Ordinance or the Utility License will be subject to a penalty of not less than one hundred fifty dollars ($150), nor more than twenty-five hundred dollars ($2,500) for each offense, which shall be processed in accordance with the procedures contained in the Woodburn Civil Infraction Ordinance (Ord. No. 1998). A violation will be deemed to exist separately for every section violated and be assessed each and every day during which a violation exists. ---PAGE BREAK--- Ordinance No. 2583 Page 20 B. Nothing in this Ordinance will be construed as limiting any judicial or other remedies the City may have at law or in equity, for enforcement of this Ordinance, including those Civil Infractions that may be imposed under Ordinance 1998. C. The City or its designee, in their sole discretion, will have the authority to reduce or waive the penalties and interest due under this subsection 19. Section 20. Severability and Preemption. A. The provisions of this Ordinance will be interpreted to be consistent with applicable federal and state law, and will be interpreted, to the extent possible, to cover only matters not preempted by federal or state law. B. If any article, section, subsection, sentence, clause, phrase, term, provision, condition or portion of this Ordinance is for any reason declared or held to be invalid or unenforceable by any court of competent jurisdiction or superseded by state or federal legislation, rules, regulations or decision, the remainder of this Ordinance will not be affected thereby but will be deemed as a separate, distinct and independent provision, and such holding will not affect the validity of the remaining portions hereof, and each remaining section, subsection, clause, phrase, term, provision, condition, covenant and portion of this Ordinance will be valid and enforceable to the fullest extent permitted by law. In the event any provision is preempted by federal or state laws, rules or regulations, the provision will be preempted only to the extent required by law and any portion not preempted will survive. If any federal or state law resulting in preemption is later repealed, rescinded, amended or otherwise changed to end the preemption, such provision will thereupon return to full force and effect and will thereafter be binding without further action by the City. Section 21. Application to Existing Agreements. To the extent that this Ordinance is not in conflict with and can be implemented consistent with existing franchise agreements, this Ordinance will apply to all existing franchise agreements granted to utility operators and utility providers by the City. Section 22. Effective Date. This Ordinance shall take effect on January 1, 2021. Passed by the Council November 23, 2020 and approved by the Mayor November 25, 2020 ---PAGE BREAK--- ORDINANCE NO. 2585 AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE TO COMCAST OF OREGON I, INC. AND DECLARING AN EMERGENCY THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Grant of Franchise. The City hereby grants to Comcast of Oregon I, Inc., a non-exclusive franchise on the terms and conditions set forth in the attached Exhibit A, incorporated herein by reference, for a period of five years from the effective date of this ordinance, to provide wireline cable television service within the City of Woodburn, and authorizes the City Administrator to sign said agreement. Emergency Clause. Passed by the Council March 22, 2021 and approved by the Mayor March 22, 2021 Comcast-Woodbur n Franchise - Cit Adm ---PAGE BREAK--- Ordinance No. 2592 Page 1 ORDINANCE NO. 2592 AN ORDINANCE ESTABLISHING AN ENHANCED PENALTY FOR AN INTENTIONAL VIOLATION OF THE TREE PERMIT REQUIREMENTS OF THE WOODBURN DEVELOPMENT ORDINANCE AND THE STREET TREE ORDINANCE AND DECLARING AN EMERGENCY [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. As used in this Ordinance, the following terms are defined as follows: A. “City” means the City of Woodburn. B. “Intentionally” means that a person acts with a conscious objective to cause the result or to engage in the conduct so described. C. “Person” means a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. D. “Tree permit regulation” means a legal requirement that a person obtain City permit approval pursuant to the Woodburn Development Ordinance or Ordinance 2424 (“the Street Tree Ordinance”) prior to acting to remove a tree. E. “Remove” means to relocate, cut down, damage, poison, or in any other manner destroy, or cause to be destroyed, a tree. Section 2. No person shall intentionally violate a tree permit regulation contained in the Woodburn Development Ordinance or Ordinance 2424 (“the Street Tree Ordinance”). Section 3. A person who violates Section 2 of this Ordinance shall be assessed a civil penalty of not more than $10,000, but not less than $5,000, for each violation. Section 4. This ordinance being necessary for the immediate preservation of the public peace, health and safety so that the Woodburn community can be further protected from intentional and unpermitted removal of trees, an emergency is declared to exist and this ordinance shall take effect immediately upon passage and approval by the Mayor. Passed by the Council August 9, 2021 and approved by the Mayor August 11, 2021 ---PAGE BREAK--- Ordinance No. 2620 Page 1 ORDINANCE NO. 2620 AN ORDINANCE REGULATING THE DETECTION AND ELIMINATION OF ILLICIT DISCHARGE IN THE CITY’S STORM WATER SYSTEM; PROVIDING FOR ENFORCEMENT; REPEALING IN-PART ORDINANCE NO. 2556; AND DECLARING AN EMERGENCY [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Purpose and Intent. The purpose and intent of this Ordinance is to provide for the health, safety, and general welfare of the citizens of Woodburn through the regulation of non-storm water discharges to the City’s storm drainage system to the maximum extent practicable as required by federal and state law. The objectives of this Ordinance are to regulate the contribution of pollutants to the municipal storm water system; (ii) prohibit illicit connections and discharges to the municipal storm water system; and (iii) establish the legal authority to carry out inspections, surveillance, and monitoring procedures necessary to ensure compliance with this ordinance. Section 2. Definitions. For purposes of this ordinance, the following mean: "Bank" means that portion of a waterway that is exposed from the ordinary high water line (OHWL) and extends to upland. "BMP" means best management practices. "City" means the City of Woodburn, a municipal corporation of the State of Oregon, acting through its City Council or any board, committee, body, official, or person to whom the Council shall have lawfully delegated the power to act for or on behalf of the City of the Woodburn. "Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto. "Construction activity" means activities subject to NPDES construction permits. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. “DEQ” means the Oregon Department of Environmental Quality or where appropriate, the term may also be used as a designation for the director of the department or other duly authorized official of the department. "Illicit Discharge" means any direct or indirect non-storm water discharge to the storm drain system, except as exempted in Section 7 of this Ordinance. “Illegal Connections” means either of the following: any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to ---PAGE BREAK--- Ordinance No. 2620 Page 2 enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the city. "National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit" means general, group, and individual storm water discharge permits which regulate facilities defined in federal NPDES regulations and regulated through the Oregon Department of Environmental Quality. "Non-storm water discharge" means any discharge to the storm drain system that is not composed entirely of storm water. "Ordinary high water line" (OHWL) means the line on the bank or shore to which the high water ordinarily rises annually in season. The OHWL excludes exceptionally high water levels caused by large flood events one-hundred-year events). “Person” means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. "Person Responsible" or "Responsible Person" means any person in actual or constructive possession of a property, including, but not limited to, an owner, lessee, tenant or occupant of property under the person’s dominion, ownership or control, or the person in charge or persons directly or indirectly responsible for an act. "Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind. "Premises" means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. “Public Works Director” means the Public Works Director of the City of Woodburn, Oregon, or their duly authorized agent or designee. "Storm Drain(age) System" means publicly-owned facilities under the jurisdiction of the City by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, ---PAGE BREAK--- Ordinance No. 2620 Page 3 piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures. "Storm Water" means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. "Waters of the State" means lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the State of Oregon, and all other bodies of surface or underground waters, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters) that are located wholly or partially within or bordering the state or within its jurisdiction. "Waterway" means a body of water (whether natural or man-made) that periodically or continuously contains Waters of the State and has a definite bed and banks that serve to confine the water. Section 3. Applicability. This Ordinance shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the City. Section 4. Responsibility for Administration. The City’s Public Works Director, or their designee, shall administer, implement, and enforce the provisions of this Ordinance. Section 5. Regulatory Consistency. This Ordinance shall be construed to ensure consistency with the requirements of the Clean Water Act, Oregon Revised Statutes, Oregon Administrative Rules, DEQ, and any applicable implementing regulations. Section 6. Ultimate Responsibility of Discharger. The standards set forth herein and promulgated pursuant to this Ordinance are minimum standards; therefore this Ordinance does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. Section 7. Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: The following discharges are exempt from discharge prohibitions established by this ordinance: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or ---PAGE BREAK--- Ordinance No. 2620 Page 4 wet-land flows, swimming pools (if de-chlorinated - typically less than one PPM chlorine), firefighting activities, and any other water source not containing Pollutants. Discharges specified in writing by the City as being necessary to protect public health and safety. Dye testing is an allowable discharge, but requires a verbal notification to the City prior to the time of the test. The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. Section 8. Prohibition of Illicit Connections. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. Section 9. Waste Disposal Prohibitions. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or Waters of the State, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in proper waste receptacles for the purposes of collection are exempted from this prohibition Section 10. Industrial or Construction Activity Discharges. Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City prior to the allowing of discharges into the municipal storm drain system. Section 11. Waterway Protection. Every person owning property through which a waterway passes shall keep and maintain that part of the waterway within the property free of trash, debris, and contamination that would pollute the water flowing through the waterway. Section 12. Monitoring of Discharges & Inspections. The Public Works Director shall have the right to set up, or require a discharger to install, on any facility such devices as are necessary in the opinion of the City to conduct monitoring and/or sampling of the facility's storm water discharge. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy. ---PAGE BREAK--- Ordinance No. 2620 Page 5 The Public Works Director shall be permitted to enter and inspect facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this Ordinance. If a discharger has security measures in place which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the City. Facility operators shall allow the Public Works Director ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of any NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. If the City has been refused access to any part of the premises from which storm water is discharged, and it is able to demonstrate probable cause to believe that there may be a violation of this Ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City may seek issuance of an administrative search warrant from any court of competent jurisdiction. Section 13. Notification of Illicit Discharge & Spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or Water of the State, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the Public Works Department of the City in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Section 14. Administrative Enforcement Remedies. Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of this Ordinance, the City may initiate enforcement action against said person. If the City believes a violation has occurred or is occurring, the Public Works Director shall make reasonable effort to notify the responsible person and may order compliance by written notice of violation to the responsible person. The “Notice of Violation” shall be delivered to the responsible person’s premises or be sent by certified mail to the address of the responsible person. Such notice may require without limitation: The performance of monitoring, analyses, and reporting; The elimination of illicit connections or discharges; ---PAGE BREAK--- Ordinance No. 2620 Page 6 That violating discharges, practices, or operations shall cease and desist; The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; Payment of any fine to cover administrative and remediation costs; and The implementation of source control or treatment BMPs. If a written notice requires submittal of a response, the response shall include an explanation of the cause of the violation, a plan for satisfactory correction and prevention of future such violation, and specific corrective or preventive actions. Submission of this plan in no way relieves the responsible person of liability for any violation occurring before or after receipt of the notice of violation. If abatement of a violation and/or restoration of affected property is required, the notice of violation shall set forth a deadline within which such remediation or restoration must be completed. Section 15. Abatement. If the Public Works Director determines that a violation of this Ordinance is a threat to public health, safety, and welfare, and requires abatement or remediation pursuant to Section 14(D), it shall be declared and deemed a nuisance and subject to the abatement and lien procedure contained in the City of Woodburn Nuisance Ordinance (Ordinance No. 2338). Section 16. Civil Fines. In addition to, and not in lieu of any other enforcement mechanisms, a violation of any provision of this Ordinance or a Notice of Violation issued hereunder, will be subject to a civil penalty of not less than one hundred twenty-fifty dollars ($125), nor more than twenty-five hundred dollars ($2,500) for each offense, which shall be processed in accordance with the procedures contained in the Woodburn Civil Infraction Ordinance (Ord. No. 1998). A violation will be deemed to exist separately for every section violated and be assessed each and every day during which a violation exists. Nothing in this Ordinance will be construed as limiting any judicial or other remedies the City may have at law or in equity, for enforcement of this Ordinance, including those Civil Infractions that may be imposed under Ordinance 1998. Section 17. Judicial Relief. Whenever a person has violated, threatens to violate, or continues to violate the provisions of this Ordinance or a Notice of Violation issued hereunder, the City may petition the courts for the issuance of a temporary or permanent injunction, as may be appropriate, which restrains or compels the specific performance of said person. Such other action as may be appropriate for legal and/or equitable relief may also be sought by the City. Section 18. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections and subsections. ---PAGE BREAK--- Ordinance No. 2620 Page 7 Section 19. Repeal References to “Storm Sewer” under Ordinance No. 2556. The purpose of Woodburn Ordinance 2556 is to regulate the discharge of wastes into the City’s Sanitary Sewer System, however, it also includes certain references to and regulations for the City’s “Storm Sewer System.” Since the purpose of this Ordinance is to better regulate discharges into the City’s storm drainage system, the following references and sections of Ordinance 2556 are hereby repealed: ORDINANCE TITLE. Reference to “Storm Sewer”; and Section 1.1. References to “storm water collection.” After this Ordinance is adopted, the City Recorded shall correct Ordinance No. 2556 to incorporate all revisions, amendments, and additions contained herein. Section 20. Emergency Clause. Passed by the Council and approved by the Mayor June 27, 2023 ---PAGE BREAK--- Ordinance No. 2632 Page 1 ORDINANCE NO. 2632 AN ORDINANCE REGULATING THE ENFORCEMENT OF VEHICLE PARKING WITHIN THE CITY OF WOODBURN; REPEALING ORDINANCES 1856, 1988, 2262, 2615, AND 2285 IN-PART; PROVIDING FOR VEHICLE TOWING AND IMPOUNDMENT PROCEDURES; AND CIVIL ENFORCEMENT [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Short Title. This Ordinance may be cited as the “City of Woodburn Parking Enforcement Ordinance.” Section 2. Purpose. Consistent with the assertions and exercise of authority of the City described under Ordinance No. 2225, the purpose of this Ordinance is to provide for the regulation and enforcement of street parking rules, rules regulating the storage of vehicles on City streets, and parking restrictions in City-owned parking facilities. Enforcement taken under this Ordinance is intended to result in a safe and effective street system and efficient use of the City’s rights-of-way. The provisions of this Ordinance are in addition to the Oregon Vehicle Code laws regulating parking. Section 3. Definitions. In addition to those definitions in the Oregon Vehicle Code, the following definitions apply: “1679 N Front Street” shall mean the area composed of the Public Parking Spaces located along the frontage of Saint Luke’s Cemetery, 1679 N Front Street, Woodburn, Oregon. “Abandoned Vehicle” means any vehicle that has been deserted or relinquished without claim of ownership. A vehicle shall also be considered abandoned if it has remained in the same location for more than 24 hours and one or more of the following conditions exist: the vehicle does not have a lawfully affixed, unexpired registration plate, or fails to display current registration or trip permit; (ii) the vehicle appears to be inoperative or disabled; or (iii) the vehicle appears to be wrecked, partially dismantled, or junked (per the definition under Ordinance No. 2338, Section 1.C). “Administrator” shall mean the Woodburn City Administrator or their designee; “Alley” means a street primarily intended to provide access to the rear or side of lots or buildings in urban areas and not intended for through vehicle traffic. “City” shall mean the City of Woodburn. “City Parking Facility” shall mean any off-street facility located on real property that contains a garage or surface parking lot or portion thereof owned, leased, managed, or operated by the City of Woodburn. ---PAGE BREAK--- Ordinance No. 2632 Page 2 “Council” shall mean the City Council of the City of Woodburn. “Downtown Parking District” shall mean an area composed of the streets and rights-of-way boundaries within Woodburn’s Downtown Development and Conservation District that are signed as the “Downtown Parking District” and as shown on the map attached as Exhibit A. “Emergency” shall mean a situation where an unforeseen combination of circumstances call for immediate action in order to avoid damage to a vehicle or where a vehicle is rendered inoperable, but does not include a situation where the vehicle is left standing in excess of 24 hours. “Enforcement Officer” shall mean City Police Officer, City Code Enforcement or Community Service Officer or any other person expressly authorized by the Administrator to issue parking citations or order vehicles towed under this ordinance. “Hazardous Vehicle” shall mean a vehicle left in a location or condition such as to constitute an immediate and continuous hazard to persons using the streets within the City. For example, and not by limitation, the following are hazardous vehicles: vehicles blocking, obstructing, or impeding the use of public or private rights-of- way; (ii) vehicles with leaks in gas tanks; (iii) vehicles blocking fire hydrants or parked or left standing in a fire lane. “Holiday” shall mean New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and any other day proclaimed by the Council to be a holiday. “Loading Zone” shall mean a space on the edge of a Street or Alley designated by sign for the purpose of loading or unloading passengers or materials during specified hours and/or specified days. “Owner” shall mean a person with a claim, either individually or jointly, or ownership of any interests, legal, or equitable in a vehicle. “Park” or “Parking” shall mean the standing of a vehicle, whether occupied or unoccupied, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of property or passengers. “Parking Control Device” shall mean any official sign, standard, painted curb, marking, or any device, inscription, or designation giving notice of, delineating, controlling, or restricting parking or use of parking spaces, lots, or facilities. “Public Parking Space” shall mean space along every street, alley, right-of-way, thoroughfare, and place open, used or intended for use by the general public for parking vehicles. “Street” shall mean any place or way set aside or open to the general public for ---PAGE BREAK--- Ordinance No. 2632 Page 3 purposes of vehicular traffic as a matter of right, including highways, roads or streets as defined in ORS 801.305. “Trailer” shall mean every vehicle without motive power designed to be drawn by another vehicle, including the types of trailers as defined in ORS 801.560. “Truck” shall mean a “motor truck” vehicle as defined by ORS 801.355 that is designed and used primarily for drawing other vehicles, such as truck trailers, or for carrying loads other than passengers and subject to state licensing for ten thousand (10,000) pounds or more gross weight. “Vehicle” shall mean every device in, upon, or by which any person or property is, or may be, transported or drawn upon any street or highway, and includes vehicles that are propelled or powered by any means, including, but not limited to tractors, campers, recreational vehicles, motor homes, pickup trucks, and pickup truck canopies, except devices: designed to be moved exclusively by human power; or (ii) designed to be used exclusively upon stationary rails or tracks. Section 4. Administration. Application of Regulations. The regulations of this ordinance apply to all City of Woodburn owned, leased, managed, or operated property, public rights-of-way, streets and highways, other designated public areas in the City, and to certain private property as specifically noted in this Ordinance. Duties of the City Administrator. The Administrator shall be responsible for the installation and maintenance of official parking signs, parking control devices, and/or markers, including temporary installations which are determined to be necessary for public safety. Installation of such signs, devices, or markers shall be based on the standards contained in the Oregon Manual on Uniform Traffic Control Devices for Streets and Highways (“MUTCD”) and the Oregon Supplement to the MUTCD. Any action of the Administrator under this Section may be reviewed by the Council on its own motion; the Council may then affirm, reverse, or modify such action based upon the standards contained in the MUTCD, standards and rules promulgated by the Oregon Transportation Commission, or other recognized traffic control standards. The Council may also, through good cause shown, and by Resolution, have official parking signs, control devices, or markers installed, removed, or changed. Authority to Enforce Ordinance. Police officers as defined by ORS 801.395, City Community Service or Code Enforcement Officers (“CSOs”), and all other City employees and parking patrol volunteers designated by the Administrator shall have the authority to enforce the provisions of this Ordinance to all City owned or operated property, parking facilities, streets and highways as defined by ORS 801.305, and all private streets within the City as specifically noted by this Ordinance. ---PAGE BREAK--- Ordinance No. 2632 Page 4 The Administrator may authorize a volunteer or volunteer patrols to issue parking citations on behalf of the city as a part of an organized program administered through the City’s Police Department. Such a person shall have full authority to assist in the enforcement of the city’s ordinances and regulations relating to parking, including but not limited to the issuance of parking citations. Right of Entry. When necessary to investigate a suspected violation of this Ordinance, an Enforcement Officer may enter on any site open to the public for the purpose of investigation, provided entry is done in accordance with law. Absent a search warrant, no site that is closed to the public shall be entered without the consent of the owner or occupant. If entry is refused, the Enforcement Officer shall have recourse to the remedies provided by law to secure entry. Presumption that Parking Sign or Parking Control Device was Lawfully Authorized and Installed. A parking sign or parking control device is presumed to be lawfully authorized and installed unless the contrary is established by competent evidence. No unauthorized person shall install, move, remove, alter the position of, or deface or tamper with a city-installed parking sign or parking control device. Parking Regulations Section 5. Method of Parking. Where parking space markings are placed on a street or city parking facility, no person shall stand or park a vehicle other than in the indicated direction, and unless the size or shape of the vehicle makes compliance impossible, within a single marked space. The operator who first begins maneuvering a vehicle into a vacant parking space shall have priority to park in the space, and no other vehicle operator shall attempt to interfere. Whenever the operator of a vehicle discovers the vehicle is parked close to a building to which the fire department has been summoned, the operator shall immediately remove the vehicle from the area, unless otherwise directed by the police or fire officers. Section 6. Use of Loading Zones. No person shall park a vehicle for any purpose other than loading or unloading persons or material in a place designated as a Loading Zone (including all Alleys) when the hours applicable to that Loading Zone are in effect. When the hours applicable to the loading zone are in effect, the stop for loading and unloading shall not exceed the time limits posted. If no time limits are posted, use of the zone shall not exceed 30 minutes. Section 7. Standing or Parking of Buses. The operator of a bus shall not stand or park the vehicle upon a Street at a place other than a bus stop, except that this provision shall not prevent the operator from temporarily stopping the bus outside a traffic lane while loading or unloading passengers. ---PAGE BREAK--- Ordinance No. 2632 Page 5 Section 8. Restricted Use of Bus Stops. No person shall stand or park a vehicle other than a bus in a bus stop, except that the operator of a passenger vehicle may temporarily stop for the purpose of, and while actually engaged in, loading or unloading passengers when stopping does not interfere with a bus waiting to enter or about to enter the restricted zone. Section 9. Prohibited Parking or Standing. No person shall stop, park, or leave standing a vehicle upon any street, in any public parking space, or in any City parking facility, attended or unattended, as follows: In places where stopping standing and parking are prohibited pursuant to ORS 811.550, including blocking driveways, sidewalks, crosswalks, and bike lanes. In a location where the vehicle is impeding or likely to impede the normal flow of vehicular, bicycle, or pedestrian traffic; where it is a hazard or is likely to be a hazard to vehicular, bicycle, or pedestrian traffic; or where it is obstructing the required width of a fire apparatus access road, including on private streets and alleys. In a location that has been marked with a red curb or as a fire apparatus access road or fire lane per Section 2 of the Oregon Fire Code, whether on a public or private street or alley. Where the vehicle is located upon a sidewalk, planter or decorative median strip, or street planting strip within the street or public right-of-way. When the vehicle has no license plate displayed or the vehicle has a license plate or temporary licensing permit, but it is expired by more than one month. In a location in front of and within five (5)-feet of either side of a mailbox during the hours of 8:00 a.m. to 8:00 p.m., except federal holidays. Where the vehicle is improperly positioned in a parallel parking space, including facing the wrong direction or double-parked, per ORS 811.570. Where the vehicle is parked in such a manner that it damages or causes to be damaged any public improvements within the City. Where the vehicle is parked for the principal purpose of displaying the vehicle for sale; (ii) repairing or servicing the vehicle, except repairs necessitated by an emergency; or (iii) advertising, selling, or offering merchandise for sale. Section 10. Prohibited Parking where Sign or Parking Control Device Controls. No person shall stop, park, or leave standing a vehicle on any City street, in any public parking space, or in any City parking facility for any period of time exceeding the posted time limit or in violation of any other parking regulation or limitation posted by a lawfully erected parking control device. Section 11. Prohibited Parking During Downtown Street Cleaning. No person shall ---PAGE BREAK--- Ordinance No. 2632 Page 6 park or stand a vehicle upon any City street within the signed Downtown Parking District between the hours of 3:00 a.m. - 6:00 a.m. upon the day(s) of the week so posted by a lawfully erected parking control device for the clearance of vehicles on account of public street cleaning and maintenance operations. The prohibition contained in this subsection shall not apply upon the legal Holidays observed by the City of Woodburn. Section 12. Parking Limitation Along Street Frontage of St. Luke’s Cemetery. No person shall park or stand a vehicle on the street or in a public parking space along the west boundary of 1679 N Front Street between the hours of 9:00 a.m. - 3:00 p.m., Tuesday through Friday, unless the person is visiting Saint Luke's Cemetery, as posted by lawfully erected parking control devices, on account of facilitating visitations to the Cemetery. No person shall park or stand a vehicle within the designated driveway areas of 1679 N Front Street. Physical striping and other on-street signage that designates prohibited parking for all-hours/all-days at all three driveway ingresses/egresses within the area of 1679 N Front Street may also be installed to prevent interference by the public with accessing Saint Luke's Cemetery. Section 13. Parking Limitations for Temporary Events Involving Street Closures. Together with events and activities that involve temporary street closures (e.g. parades, markets, etc.), the Administrator may provide for temporary parking limitations, prohibitions, or other restrictions to be enforced through the installation of temporary signage and parking control devices. All temporary parking limitations that include a complete prohibition of on-street parking shall be posted at least seventy-two (72) hours prior to taking effect and prior to any enforcement action being taken under this ordinance. Vehicles left standing or parked after the restriction or limitation goes into effect may be subject to citation or tow/impound pursuant to the hazardous vehicle procedure. Section 14. Trailer Parking Restriction. No trailer shall be parked upon any City street unless it is attached to a vehicle by which it may be propelled or drawn, save and except such streets within Industrial areas of the City that the Administrator reasonably determines that parking of unattached trailers would not constitute a safety hazard. Section 15. Unlawful Parking in Space Reserved for Persons with Disabilities. No person shall stop, park, or leave standing a vehicle on any City street, in any public parking space, or in any City parking facility in a manner that violates the State disabled/handicapped parking laws, including ORS 811.615 (unlawful parking in space reserved for persons with disabilities), ORS 811.617 (blocking parking space reserved for persons with disabilities), ORS 811.625 (unlawful use of disabled person parking permit), and ORS 811.630 (misuse of program placard). Pursuant to ORS 811.632, the Woodburn Police Department may establish a volunteer- based disabled/handicapped parking patrol program to assist with enforcement of this Section of the Ordinance. Section 16. Extension of Parking Time. Where maximum parking time limits are designated by sign or parking control device, movement of a vehicle within a block shall ---PAGE BREAK--- Ordinance No. 2632 Page 7 not extend the time limits for parking. Section 17. Exemptions. The provisions of this ordinance regulating the parking or standing of vehicles shall not apply to a vehicle of the City, County, or State, or public utility while necessarily in use for construction or repair work on a street, nor a commercial vehicle temporarily stopped to engage in activity associated with the collection of solid waste, recyclable materials, or yard debris, or a vehicle operated by the United States while in use for the collection, transportation, or delivery of mail. Vehicle Storage Regulations Section 18. Storage of Vehicles on Streets. No person shall store or permit to be stored upon any street or in any public parking space, or in any City parking facility, without permission of the City, a vehicle or personal property. Failure to remove a vehicle or other personal property for a period of seventy-two (72) hours shall constitute prima facie evidence of storage of a vehicle. Section 19. Storage of Trucks, Truck Trailers, Boats, Campers, and Other Vehicles. No person shall park a Truck or Truck Trailer upon any street, alley, or public right-of-way in any residential area of the City adjacent to any residence, apartment, hotel, care facility, church, school, hospital, multiple dwelling, park or playground in any area of the City. The provisions of this section shall not be deemed to prohibit the lawful parking of such equipment upon any street or public right-of-way in the City for the actual loading or unloading of goods or to make repairs necessitated by an emergency. No person shall store or permit to be stored on a street or other public property, without permission of the City, a bus, motor home, recreational vehicle, travel trailer, camper, boat and/or boat trailer whether attended or unattended. A bus, motor home, recreational vehicle, travel trailer, camper, boat and/or boat trailer may be parked on a street for a period of not more than forty-eight (48) hours if it meets the criteria listed below: It is parked for the purpose of loading, unloading, or otherwise being prepared for use; It is owned by the resident or guest of the resident of the property it is parked adjacent to; It is not being used for human occupancy while parked on the street; and It is parked in a manner that does not interfere with traffic or create a hazard by obstructing the view of other drivers. Section 20. Calculation of Storage Time. Failure to move a vehicle as regulated by Sections 18 or 19 of this Ordinance after expiration of any of the time periods set forth constitutes prima facie evidence of violation of that Section. ---PAGE BREAK--- Ordinance No. 2632 Page 8 For purposes of Section 18 of this Ordinance, “move” means removing the motor vehicle or personal property from the block where it is located before it is returned. For purposes of Section 19 of this Ordinance, “move” means removing the bus, motor home, recreational vehicle, travel trailer, camper, boat and/or boat trailer off the City’s streets or other public property for at least twenty-four (24) hours before it is returned. Enforcement Section 21. Citations and Owner Responsibility. Whenever a vehicle without an operator is found parked in violation of a restriction imposed by this ordinance or state law, the enforcement officer finding the vehicle shall take its license number and any other information displayed on the vehicle which may identify its owner, and shall conspicuously affix to the vehicle a traffic citation instructing the operator to answer to the charge at the time and place specified in the citation. The registered owner of a vehicle placed in violation of a parking restriction shall be responsible for the offense, except when the use of the vehicle was secured by the operator without the owner's consent. In a prosecution of a vehicle owner charging a violation of a restriction on parking, proof that the vehicle at the time of the violation was registered to the defendant shall constitute a presumption that the defendant was then the owner in fact. Section 22. Civil Infraction Assessment. A violation of the prohibited parking standards under Sections 5-14 of this Ordinance shall constituted a civil infraction and be subject to a fine not to exceed fifty 0/100 dollars A violation of all other provisions of this ordinance constitutes a Class 4 Civil Infraction per Ordinance 1998. Civil infractions shall be dealt with according to the procedures established by Ordinance 1998. Each day during which a violation of this Ordinance continues shall constitute a separate offense for which a separate penalty may be imposed. Additional citations shall not be issued for the same violation on the same vehicle unless at least 24 hours have passed since the previous citation. Section 23. Affirmative Defense of Emergency Repairs. Under this Ordinance, it shall be an affirmative defense that the prohibited parking was necessitated by an emergency and the defendant shall have the burden of proving the existence of the emergency by a preponderance of the evidence. Section 24. Towing, Impound, and Contested Hearing. ---PAGE BREAK--- Ordinance No. 2632 Page 9 Purpose & Authority to Tow Vehicles and Establish Hearing Procedures. This Section describes when a vehicle may or will be impounded and/or towed for parking violation(s), the manner of towing, storage of the vehicle, and the release and disposition of the vehicle. Any Enforcement Officer may order a vehicle towed, impounded, or immobilized as provided in this Section. When this Ordinance or state law provides for impounding a vehicle, it may be removed by or under the direction of a City Enforcement Officer and then taken to a city facility for storing vehicles or to some reputable vehicle storage facility; and kept there until it is redeemed or sold. This Section shall not apply to vehicles impounded under the direction of a police officer for criminal investigation purposes. Impoundment – Owner’s Responsibility. The registered owner or responsible person of a vehicle impounded or towed under this Section shall pay all outstanding citation fines, costs and impound and storage fees, if any, prior to release of the vehicle. Hazardous Vehicles (subject to tow without prior notice). When a vehicle is stopped, parked, or placed in a manner or location that constitutes an obstruction to traffic or otherwise meets the definition of a Hazardous Vehicle, an Enforcement Officer shall order the owner or operator of the vehicle to remove it immediately. If the vehicle is unattended, the Enforcement Officer may cause it to be towed and stored at the owner’s expense without any further prior notice. The owner shall be liable for the costs of towing and storing, even if the vehicle was parked by another or if the vehicle was initially parked in a safe manner, but subsequently became an obstruction or hazard. Abandoned Vehicles. The City has authority to take custody and exercise authority over Abandoned Vehicles located on a City street or alley within the boundaries of the City or on any other property within the boundaries of the City pursuant to ORS 819.140(1)(c). An Enforcement Officer may order an Abandoned Vehicle located on a City street, in any public parking space, or in any City parking facility to be towed and impounded by the City in accordance with the same procedures provided for abandoned vehicles under state law (ORS 819.100 – 200). Improperly Parked Vehicles. When any unattended vehicle is stopped, parked, or left standing on any City street, in any public parking space, or in any City parking facility in such a manner that it is unlawfully parked in any prohibited or restricted area, is unlawfully parked for a length of time prohibited by this Ordinance (including storage time limits), or is parked in such a manner as otherwise violating this Ordinance, such vehicle is declared by the Council to be a public nuisance and it may be subject to abatement, removal and impounding. An Enforcement Officer may order an improperly parked vehicle to be towed and impounded by the City in accordance with the same procedures provided for abandoned vehicles under state law (ORS 819.100 – 200). ---PAGE BREAK--- Ordinance No. 2632 Page 10 Administrative Towing. If a registered owner or responsible person of a vehicle which has $250 or more unpaid fines or five or more outstanding citations under this Ordinance fails to pay the fines within 30 days of notice, the vehicle shall be subject to impoundment. The City shall give a prior impound notice in writing by placing a notice on the vehicle and mailing notice by regular first-class mail to the registered owner of such vehicle. Any notice required under this Section shall be sufficient if the person to be notified is substantially apprised of the substance of the notice, notwithstanding any minor deficiencies or irregularities of form. Actual receipt of the notice is not required, as long as a good faith effort is made to deliver it. For the purposes of this section "impoundment" includes towing the vehicle to a location under the control of the City, or immobilizing the vehicle by booting or other method. Any impoundment that includes towing the vehicle shall be carried out by an Enforcement Officer in accordance with the same procedures provided for abandoned vehicles under state law (ORS 819.100 – 200). “Boot” Removal. No person other than an Enforcement Officer of the City may remove or attempt to remove an immobilization or boot device from a vehicle, which has been affixed pursuant to this Ordinance, or move or attempt to move the vehicle, before it is released by the police department or the municipal court in accordance with this Section. If the device has been removed, or the vehicle has been moved, in violation of this Subsection, in addition to the issuance of a citation for the violation, an Enforcement Officer may order the towing of the vehicle. Notice For Towing Procedure. Except as specified for Hazardous Vehicles, if the City proposes to take custody of a vehicle under this Ordinance, the City shall provide prior notice and an explanation of procedures available for obtaining a hearing, before any vehicle is towed. Notice shall be given by affixing a written notice to the vehicle with the required information. The notice shall be affixed to the vehicle at least 24 hours before taking the vehicle into custody. The 24-hour period under this subsection includes holidays, Saturdays and Sundays. Notice shall include each of the elements provided under state law (ORS 819.170(2)). For Hazardous Vehicles, notice will be provided to the registered owner(s) and any other person(s) who reasonably appear to have an interest in the vehicle. Notice will be mailed to such persons within 48 hours after the tow of the vehicle, Saturdays, Sundays, and holidays excluded. Notice after taking the vehicle into custody shall include each of the elements provided under state law (ORS 819.180(2)). Where a vehicle is found without identification markings, a vehicle may be towed without notice pursuant to state law (ORS 819.185). Towing and Storage Charges, Release of Vehicle. ---PAGE BREAK--- Ordinance No. 2632 Page 11 Any private company which tows and stores any vehicle pursuant to this Section shall have a lien on the vehicle in accordance with ORS 87.152 for the just and reasonable charges for the tow and storage services performed, and may retain possession of that vehicle until such charges have been paid. A vehicle towed pursuant to this Section may only be released to the registered owner or other person having a financial interest in the vehicle as shown by the records of the Oregon Motor Vehicle Division. A person entitled to such lawful possession of the vehicle may secure the release of the vehicle upon paying outstanding fines to the municipal court and upon paying tow and storage fees to the person having custody of the vehicle. Hearing to Contest Validity of Towing. The owner or other person entitled to lawful possession of an immobilized or towed vehicle shall have the right to a hearing to determine the validity of such immobilization or towing. The Woodburn Municipal Court shall serve as the venue for contested impound/tow hearings and the City’s Municipal Court Judge shall serve as the hearings officer in such cases. In order to be timely, a requested hearing must be made in writing and delivered to the City’s Municipal Court not more than five days from the mailing date of any notice provided or the affixing of the tow notice upon a subject vehicle. The written request shall state the grounds upon which the person requesting the hearing believes that the towing and custody, or the immobilization of the vehicle is not justified. The five-day period in this subsection does not include Saturdays, Sundays, or Holidays. If the Municipal Court receives a request for hearing before a vehicle is taken into custody and towed, the City shall not tow the subject vehicle unless the vehicle constitutes a hazard. When a timely request for a hearing is made, a hearing shall be set for the next available date for Municipal Court, but may be postponed at the request of the person who requested the hearing. If the Municipal Court finds, by substantial evidence, that the immobilization, tow and/or storage was for any reason unjustified, it shall order that the vehicle, if still held, be immediately released, that the owner or any other person who has a financial interest in the vehicle are not liable for the immobilization fee, tow and storage charges, and order the return of any money paid for immobilization fee, tow and storage charges to the person who paid such charges. In any case, where the municipal court orders the vehicle to be released, the vehicle must be picked up by the person entitled to possession within twenty-four hours to avoid further storage charges. If the vehicle is not ---PAGE BREAK--- Ordinance No. 2632 Page 12 claimed within this time period, then it will not be released until the additionally accruing charges, if any, are paid by the person entitled to possession of the vehicle. If the Municipal Court finds, by substantial evidence, that the immobilization, tow and/or storage was valid, the appropriate authority shall order the vehicle to be held in custody until the costs of the hearing and all towing and storage costs are paid by the party claiming the vehicle. If the vehicle has not yet been towed, the appropriate authority shall order that the vehicle be towed The determination of the Municipal Court is final and is not subject to appeal. Disposal of Vehicle(s). After a vehicle is towed under the authority of this Ordinance, and it is not reclaimed within 30 days after it is taken into custody, it may be disposed of in the manner provided under state law (ORS 819.200 to ORS 819.280). Non-Exclusive Remedy. The towing and storage of any vehicle pursuant to this Ordinance does not preclude the issuance of a citation for violation of any provision of this ordinance. Section 25. Conformance with Law. This ordinance shall not be a substitute for or eliminate the necessity of conformance with any and all state laws, rules, and regulations, and any other provision of City ordinances which are now or may be in the future in effect and which relate to the activities herein regulated. Section 26. Severability. If any section, clause, or phrase of this Ordinance or its application to any statute, is determined by any court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity of the remainder of this Ordinance or its application. Section 27. Repeal. Ordinances Nos. 1856, 1988, 2262, and 2615 are hereby repealed in full. Ordinance No. 2285 is repealed in-part as follows: Sections 15 – 17 (ii) Sections 18 – 26; (iii) Sections 27-28; and (iv) Section 49 are hereby repealed. Notwithstanding Subsection and of this Section, the above-cited ordinances shall remain valid and in force for the purpose of authorizing prosecution, conviction, and punishment of a person who violated such ordinance(s) prior to the effective date of this Ordinance. After this Ordinance is adopted, the City Recorder shall update and correct the cited ordinances to incorporate all revisions contained herein. Passed by the Council August 12, 2024 and approved by the Mayor August 14, 2024