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HomeMy WebLinkAbout2854 Effective Date: December 3, 2020 ORDINANCE 2854 AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL CLARIFYING, REVISING,AND UPDATING LOC 42.03.130(INTERSECTION SIGHT DISTANCE); LOC 45.09.065(ABATEMENT OF DANGEROUS BUILDING CODE); LOC 55.02.082(TREE CUTTING PERMIT ISSUANCE); LOC 55.02.92(TREE CUTTING PERMIT EXPIRATION); REPEALING ARTICLE 12.55(COMPENSATION CLAIMS UNDER ORS CH. 197)AND ADDING LOC 34.02.065(HELICOPTER LANDING OR TAKEOFF). Whereas, through the application of the Lake Oswego Code, staff of the City Attorney's Office, Engineering Dept., and Planning and Building Services Dept. have found that some sections of the Lake Oswego Code could be improved by removing ambiguous and conflicting language, correcting provisions,and adding to or repealing certain articles of the Lake Oswego Code; The City of Lake Oswego ordains as follows: Section 1. Article 12.55 entitled "Review of Claims for Compensation under ORS 197 (as amended by 2004 Ballot Measure 37)" is repealed in its entirety. Section 2. The Lake Oswego Code is hereby amended by adding the section and text shown in double-u_nderlined type and deleting the text shown in stfikethfetigh type as set forth on Exhibit 1. (Section or subsections within the Lake Oswego Code that are not marked for deletion or addition are neither amended nor deleted by this Ordinance.) Section 3. Severability. The provisions of this ordinance are severable. If any portion of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Pursuant to Section 35.0 of the Lake Oswego Charter,this ordinance shall take effect on the thirtieth (30th) day following enactment. // Ordinance 2854 Page 1 of 2 Enacted at the regular meeting of the City Council of the City of Lake Oswego held on the 3rd day of November, 2020. AYES: Mayor Studebaker, Kohlhoff, O'Neill, Nguyen, LaMotte, Wendland, Manz NOES: None ABSTAIN: None EXCUSED: None fid)/ Kent Studebaker, Mayor Dated: Y1itT1t4/l-1.1 , ATTEST: Anne-Marie Simpson, City Recorder APPROVED AS TO FORM: David Powell City Attorney Ordinance 2854 Page 2 of 2 Ord. 2854—Exhibit 1 34.02.065 Helicopter Landing or Takeoff No person shall land or takeoff a helicopter within the city except upon either Prior approval of the City Manager or in an emergency to Protect and Preserve life or property. In determining whether to approve a landing or take-off request. the City Manager may consider the requested time and date of the landing or takeoff: the nature of the surrounding area. e.g., residential: commercial: right-of-way: effect of noise and flight operations on the surrounding area: whether notice of the request has been given to the surrounding area and any public comments: and public safetti. 42.03.130 Sight Distance at Roadway Intersections, Private Streets and Driveways. 1. Purpose. The City Council finds that to protect the health, safety, property and welfare of the traveling public and to provide the neat, clean, orderly and attractive appearance of the community, it is necessary to regulate the design, construction, location, and maintenance of all roadway intersections, private drives, and driveways that impact the public rights-of-way open to public travel by all modes. 2. AASHTO Procedures. Sight distance shall be determined and approved generally in accordance with the procedures as stated in the current AASHTO guidelines using "A Policy on Geometric Design of Highways and Streets" or "Guidelines for Geometric Design of Vcry Low- Volume Local Roads (ADT<400}." 3. Definitions. a. AASHTO—American Association of State Highway Transportation Officials. b. ADT—Average Daily Traffic. c. Clear Sight Triangle—That area enclosed by the lines formed by the intersection approach legs of roadway(s), private street(s) and driveways and a straight line drawn diagonally across the corner, connecting those lines at the various distances per AASHTO guidelines. d. DBH — Diameter at breast height (4.5 feet). 4. Standards. a. Sight distance requirements shall apply at all roadway and driveway intersections as modified below: i. Adequate intersection sight distance (ISD) per AASHTO shall be provided at all intersections. A. If adequate ISD cannot feasibly be achieved, lesser sight distance may be acceptable upon review and approval of the City Engineer, as long as subsection (4)(a)(iii) of this section is achieved. B. Any adjustments made to the calculations per AASHTO guidelines shall be subject to review and approval by the City Engineer. A written document submitted by a licensed engineer for sight distance certification shall accompany the application. Page 1—Ord. 2854—Exhibit 1 ii. Driveways that serve one residence along local roadways shall maintain a 10-foot by 10-foot clear vision triangle, measured along the near edge of pavement of the travel surfaces. iii. Adequate stopping sight distance (SSD), based on the design speed or 85th percentile speed of the facility. shall be provided along all public roadways. iv. Existing lots of record, not subject to land use permit conditions, shall maximize ISD and safety when establishing driveway location. v. New construction or modification to existing intersection must comply with land use conditions of approval, building permit and/or street opening permit requirements. A written document submitted by a licensed engineer for sight distance certification shall accompany the application. /// 45.09.065 Adoption of Uniform Code for the Abatement of Dangerous Buildings. 1. The ICBO 1997 Uniform Code for the Abatement of Dangerous Buildings, except as modified by this chapter, is hereby adopted as part of the Lake Oswego Building Code. 2. The Building Appeals Cemmicgi City Manager shall have the jurisdiction conferred upon the Board of Appeals under subsection 1 of this section. 55.02.082 Staff Decision and Notice Requirements for Type II Permits and Major Forest Management Permits: Issuance of Permit. 1. An applicant for a Type II tree cutting permit or a major forest management permit shall: a. Complete a public notice form. City staff shall distribute the notice to the neighborhood association whose boundaries include the proposed tree removal site; b. Complete a certification that the property will be posted and the trees will be marked pursuant to this section; c. Within 24 hours of applying for a tree cutting permit, post a public notice sign of a pending tree cutting permit as provided by the City on the subject property or associated access easement in a location that is clearly visible and readable to vehicles traveling on a public street and to pedestrians walking or biking by the property. The public notice sign shall state that a tree cutting permit is pending for trees on the property marked by yellow plastic tagging tape (or other means approved by the City, in the case of forest management permits), and shall include: /// 2. Within two business days of thcAfter the close of the 14-day comment period,,—_ a. If the tree cutting permit application is associated with development that is the subiect of a building permit application, review of the tree cutting permit application shall be suspended until the associated building permit application is reviewed and the development is found to be in conformance with the Community Development Code standards. City staff shall then promptly make a tentative decision approving the permit, approving the permit with conditions, or denying the permit. (If the development in the associated building permit is materially different than the development as described in the tree cutting permit application, the applicant shall modify the tree cutting permit application so that the proposed Page 2—Ord. 2854—Exhibit 1 development is materially consistent with the development in the associated building permit: the tree cutting permit application shall then be re-noticed for a new comment period.) b. If the tree removal permit application is not associated with development that is the subiect of a building permit. City staff shall promptly make a tentative decision approving the permit. approving the permit with conditions. or denying the permit. ac. The tentative decision shall be posted on a Planning Department Internet case file webpage, referencing the address stated in the posted notice. A notice of tentative decision shall state the deadline to file a request for hearing. lad. The notice of tentative decision shall be given to the applicant, neighborhood association, and persons that submitted written comments. The notice of tentative decision shall be provided by email to the person's/association's submitted email address, or if no email address is provided by a person but a mailing address is provided, then by first class mail. 3. If no request for a hearing is received within seven days after the tentative decision is issued and notice of tentative decision is given to the applicant, neighborhood association, and to persons that submitted written comments pursuant to LOC 55.02.085, the tentative decision shall be the final decision. 4. If a request for hearing is timely filed, City staff shall immediately post a red sign on the subject property in the same manner as the posted notice under subsection (1)(c) of this section, stating a tentative decision on an application for tree removal was issued, a timely request for hearing was filed, and the location, time and date of the hearing. The applicant shall maintain the posting of this sign and the tree marking, until the date of the hearing. 5. Failure to install or maintain the required notice and marking may result in denial or delay in issuance of the permit or revocation of an approved permit. 6. The tree cutting permit shall be issued promptly after the decision approving the tree cutting removal application is final. except if the tree cutting permit application is associated with a building permit application. the tree cutting permit shall be issued concurrently with the building permit. 55.02.092 Expiration of Tree Cutting Permits. 1. Dead and invasive tree species removal permits shall have no expiration date. 2. A properly issued tree cutting permit, other than a dead or invasive tree species removal permit and forest management permit, shall remain valid: a. For tree cutting permits issued in coniunction with a development permit or building permit. for the duration of the development permit or building permit: or b. For other than subsection (a). for no more than 60 days from the date of issuance or date of final decision by a hearing body, if applicable. A 60-day extension shall be automatically granted by the City Manager if requested in writing before the expiration of the permit. No additional extensions beyond the first extension shall be granted. Permits that have lapsed are deemed void. Trees removed after a tree cutting permit has expired shall be considered a violation of this chapter. 3. A minor forest management permit shall remain valid for no more than 180 days from the date of issuance. Page 3—Ord. 2854—Exhibit 1 4. A major forest management permit shall remain valid for the period specified by the approved forest management plan, except as required under subsection (5) of this section. 5. Minor and major forest management permits automatically expire upon approval of an application for a land division or development on the tract subject to forest management activities such that the tract would no longer meet the criteria for a large forested tract. Page 4—Ord. 2854—Exhibit 1