Ord 1548COUNCIL BILL N0. 330
ORDINANCE N0. 1548
AN ORDINANCE ESTABLISHING A SYSTEM FOR ALLOCATING PERMITS UNDER A
LIh9ITED GROWTH QUOTA, REPEALING ORDINANCE N0. 1547, AND DECLARING
AN EMERGENCY.
WHEREAS, the State Department of Environmental Quality
has imposed a restriction of 300 population equivalence of additional
sewage during the calendar year January 1, 1917 through January 1,
1978; and
WHEREAS, the City has determined that the 300 population
equivalency allowed by the Department of Environmenta] Quality is
not enough to accommodate the natural growth of the City during the
calendar year; and
WHEREAS, the City has established the following goals to
aid in the establishment of a system for allocating building permits:
1. Establish a system which will issue the permits
with the least amount of time and problems.
2. Maintain a healthy mix of single and multi-
family dwellings, commercial and industrial
development.
3. Maintain a healthy competition in the building and
housing market place.
4. Help to insure that the development which takes
place is one of the highest quality and in accordance
with the Comprehensive Plan.
5. Insure that the system established will be ad-
ministered with impartiality and any interest or
potential conflicts of interest or loopholes
be eliminated.
6. Insure that permits will be issued only for bona
fide building and not held for speculatian.
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ORDINANCE N0. 1548
7. Assign priorities so that persons who have committed
resources to planning and purchase of iand before
the moratorium are favored.
8. Have the most positive effect on the local economy
in terms of cash flow into the City and local
government.
WHEREAS, the City has evaluated the past and projected
population growth; past building activity; mix of housing types in the
City; sources of municipal sewage by use; inventory of vacant buildable
lots in the city for residential use; and
WHEREAS, the City has found that allocating permits
separately for single family and multi-family dwellings and commercial,
industrial and public uses would be in the public interest; and
WHEREAS, the City has determined that the remaining popu-
lotion equivalency should be allocated in the following percentages:
62% Single Family
12% Multi-Family
25% Commercial, Industrial
now therefore,
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section ~. There is hereby established a Program Co-
ordinating Committee to assist the City in allocating building
permits in accordance with the limitation on building within the
City as requested by the Department of Environmental Quality of
the State of Oregon. The membership shall be selected by the City
Administrator. This Committee shall have administrative power under
this ordinance to establish procedures, recommend changes to the
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ORDINANCE N0. 1548
Planning Commission and Common Council and evaluate requests for
permits under the provisions of this ordinance.
Section 2. Definitions:
a. Population Equivalency. The amount of sewage which
is equivalent to the waste produced by one individual
in a 24 hour period, which is defined as 75 gallons
of liquid waste or .17 lbs. of BODS per day, which-
ever is the greater.
b. Pre-Sold House. A house that is built where the
prospective owner and occupant is known and has
committed money to the project.
c. Speculative House. A house built by a contractor
where there is no known purchaser and occupant.
Section 3. Single family building permits shall be
allocated in the fo]lowing manner:
a. Public notice shall be published in a paper having
general circulation in Woodburn for two consecutive
weeks.
Any contractor desiring to build speculative homes
~n Woodburn during the calendar year 1977 shall be
required to register with the building inspector
w~th~n 30 days after public not~f~cat~on. To be
eligible for speculative home permits a contractor
must: 1~ Bea licensed general contractor in the
State of Oregon; and 27 Own or have access to
property in the City on which to build a home.
b. Any general contractor which does not register by
the deadline established under this ordinance
shall be eligible only for pre-sold home building
permits.
c. General contractors who ha~re taken out permits for
two speculative homes shall be allowed to take out
permits thereafter on pre-sold homes or to replace
the speculative homes sold. Proof of the sale or
of financing shall be required before addit~f~nal
permits can be issued.
d. If a contractor has not utilized his speculative
home permits by August 1, 1977, or the pool of
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ORDINANCE N0. 1548
permits allocated for single family homes has been
depleted, whichever comes last, he forfeits his
rights fora speculative home permit for the
calendar year 1977.
e. A person not eligible under paragraphs a or b shat]
be eligible to receive one building permit for
,construction of his personal single family home as
long as there are building permits available. Evidence
shall be presented that the Lot is owned by the
builder before a permit shall be issued.
f. Rights to single family home building permits are
not transferable.
g. ti~oodburn High School's Homebuilder Program, known
as Bulldog Builders, are guaranteed one permit.
h. Permits shall be issued until, in the determination
of the City Engineer, 165.2 P.E. has been allocated,
then no further permits may be issued during the
calendar year 1971 except as otherwise provided in
this ardinance.
Section 4. Mu]ti-unit structure building permits will
be rated by the following system:
a. After the first application is received, public
notice shall be given that other parties have 45
days within which to file fora permit. If the
total P.E. of projects requesting permits does not
exceed the amount established by this ordinance,
all requests shall be granted, subject to all other
City regulations.
b. Applicants sha]1 be required to submit a plot plan
which shall show location of buildings, parking,
landscaping, storm sewer, sanitary sewer, water
service, ingress and egress points, and any other
information required by the Program Coordinating
Committee.
c. Points shall be assigned to the project under the
following system. All ratings will be judged as
they affect the City as a whole.
1} Extraordinary benefit of the project to the
public peace, health, safety and wel-
fare = 0-20 points.
2) Beneficial effect on the local transportation
system = 0-10 paints.
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ORDII'dANCF N(l. 1548
3) Beneficial effect on water system = 0-10 points.
4} Beneficial effect on the storm sewer system
= 0-10 points.
5} Beneficial effect on the sanitary sewer system
= 0-10 points.
6} The va] ue of recreation equipment (vRE} plus
the value of the land occupied by that equip-
ment (vL0} divided by the value of the total
project and land (VTPL), times 200 = the points
allocated (PA).
(vRE} + (yL0} ~ 200 = PA
(vTPL) ( }
7) Landscaped area above the requirements in the
City Ordinances (LA} divided by the total area
(TA}, times 100 =the points allocated (PA}.
(LA}
X 100 = PA
(TA) ( )
d. The Program Coordinating Committee shall rate items
two through seven and the Planning Commission shall
review and may amend the ratings and may assign points
for item one if they find it appropriate.
e. The project shall be rated and P.E, assigned until
the allocation is depleted. If additional P.E.
is left after all projects have been rated, the
process will start again.
f. The procedural rules of the Planning Commission
used for quasi-judicial proceedings shall apply
to the rating determinations.
g. Permits shall be issued until, in the determination
of the City Engineer, there has been a 31.3 P.E.
allocated.
Section 5. Commercial, industrial and public use defined
in the Woodburn Zoning Ordinance shall use the fallowing rating system:
a. After the first application is received, public
notices shall be given that other parties have 45
days within which to file fora permit. If the
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ORDINANCE N0. 1548
total P.E. of projects requesting permits does
not exceed the amount established by this ordinance,
all requests shall be granted, subject to all other
City regulations.
b. Applicants shall be required to submit a plot plan
which shall show location of buildings, parking,
landscaping, storm, sewer. sanitary sewer, water
service, ingress and egress points, and any other
information required by the Program Coordinating
Committee.
c. Points shall be assigned to the project under the
following system:
1} Extraordinary benefit to the public peace,
health, safety, and general welfare = 15 paints.
2} Population equivalency times 10,000 (PE X 10,000},
divided by total square footage of floor space
(TFS} = negative paint allocation (NPA}.
(PE X 10,000 = (NPA)
(TFS
3} Beneficial effect on the transportation
system = 0-10 points.
4} Beneficial effect on the water system =
0-10 points.
5} Beneficial effect on the storm sewer
system = 0-10 points.
6} Beneficial effect on the sanitary sewer
system = 0-10 points.
7} .Landscaping over the requirements of the
ordinance (LR} divided by the total area (TA},
times 100 = points allocated (PA}
LA X 100 = (PA)
(TA)
d. The Program Coordinating Committee shall rate items
two through seven and the Planning Commission shall
review and may amend the ratings and may assign
points for item one i~f they find it appropriate.
e. The project shall be rated and P.E. assigned until
the allocation is exhausted. If additional P.E.
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ORDIPJANCE N0. 1548
is left after all projects have been rated, the
process will start again.
f. The procedural rules of the Planning Commission
used for quasi-judicial proceedings shall apply
to the rating determinations.
g. Permits shall be issued until in the determination
of the City Engineer, there has been a 65 P.E.
allocated.
h. Commercial, industrial or public use projects
having a rating of one P.E. or less will be issued
a permit automatically and ~rili not have to be
rated.
Section 6. All persons who have received notification
that their project has been granted a permit under the provisions of
Section 3 and 4 of this ordinance, must:
a. Apply for and be issued the permit within 10 days
from notification. If the permit has not been
applied for after 10 days, the next highest rated
project will receive the permit.
b. Any building permit received fora project under
the provisions of this ordinance will expire within
100 days of issuance, unless a substantial start
has been made on the project.
Section 7. This ordinance will expire at midnight,
December 31, 1977, unless extended by a Motion of the Common Council.
Section 8. Ordinance 1547 be, and the same is hereby
repealed.
Section 9. This ordinance being necessary for the im-
mediate 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.
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'`' Syr".F~r ....., ......
Sibll.~~l,...C~.~.T,~~~~.,~,MAYOR ~~~,~~ ~~
t
Page 7 - COUNCIL BILL N0. 330 ~- `~
~A
_~'
ORDINANCE N0. 1548
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
.,~'
ATTEST:.` ~`~ ~ ~ ~
~ARfVEY 0. UR ,Recorder
City of Woodburn, Oregon
Page ~ - COUCdCIL BILL N0. 330
March 14, 1977
March 14, 1977
March 15~ 1977
March 15, 1977
ORDIPdANCE N0. 154$
I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1548, one of which said copies posted in the
City Hall on the bulletin board opposite the entrance to
the Recorder's Office, in full view of the traveling public;
a second one of said copies posted on the Woodburn Public
Library bulletin board at 280 Garfield Street, in full view
of the traveling public; a third one of said copies posted
on the Paul Sowa and Sons building at 182 Young Street, in
full view of the traveling public; that all of said places
are public places within the corporate limits of the City
of Woodburn and that all of said copies were posted on the
18th day of :March 1977.
..--~
Barney 0 Burr , Recorder
City of Woodburn, Oregon