Cornelius City Zoning Code

Division V

REFERENCE INFORMATION

§ 18.180.010 Definitions.

For the purposes of this chapter:

A "public improvement"

includes any improvement of public streets, sidewalks, alleys, curbs, gutters, sewers, sewer collection lines, sewer lateral, sewage pumping station, sewer pressure line, sewage treatment device, water line, water pumping station, water treatment device, water valves and hydrants, storm drainage sump, storm drainage line, storm drainage ditch, dike, fill, excavation and any improvements defined in ORS 223.387.

Domestic wells, septic tanks and any type of construction regulated by the State Building Code as adopted by the city and city subdivision regulations are excluded from the terms of this chapter, except that such nonpublic systems must be authorized for private use by the city council, based on recommendations from the community development director and city engineer.

(Ord. 810, 2000; Code 2000 § 11.50.11; amended during 2007 recodification)

§ 18.180.020 Applicability.

This chapter shall apply to construction as defined in this chapter proposed by any private party, quasi-public body, public agency or governmental unit except the city.

(Ord. 810, 2000; Code 2000 § 11.50.12)

§ 18.180.030 Submission of plans.

Complete plans, including sufficient detail to ensure full and complete disclosure of all work contemplated, shall be submitted to the city for approval, subject to the following:

Plans shall be prepared with reference to the survey grid system adopted by the city, and no other system of locations for elevations shall be used. The city will furnish, upon request at the price established by resolution, required programmatic maps. No other maps shall be used, except as may be approved by the city engineer as being more up-to-date or accurate.

Plans shall indicate pertinent connections to nearby public works with detailed information on method of connection.

Plans shall indicate drainage or visibility effects on adjoining or nearby property, together with appropriate mitigation.

Where applicable to the improvement, plans shall indicate methods of providing for future connections of adjoining, beyond or nearby property to the public improvement.

(Ord. 810, 2000; Code 2000 § 11.50.13; Ord. 2024-03 § 1 (Exh. A), 2024)

§ 18.180.040 Construction permit fee.

The applicant shall pay a public works construction permit fee. The rate of such fee shall be determined by resolution of the city council.

The permit fee is intended to defray typical or average, but not necessarily actual, costs incurred by the city in providing technical services related to any public works construction performed through a private engineer and contractor at the applicant's expense. Typical services provided by the city include, but are not limited to, the following:

Meeting with the applicant, his engineer or agent to review city standards, specifications, or ordinances and procedures;

Providing the engineer with information on existing conditions and facilities;

Providing information and data for any state or county approvals that are required;

Providing a detailed review of all construction drawings, engineering and specifications;

Making inspections necessary to assure compliance with city standards and specifications, exclusive of work related to processing change orders, progress pay estimates, or other matters not directly affecting the city;

Keeping notes and records sufficient for preparation of "as-built" drawings by the engineer;

Updating city map files and records by incorporating "as-built" information; and

Meeting with various utility companies to review and coordinate all utility construction and installations.

Any required soils or materials testing, when performed by a private or independent testing firm, shall be paid for by the applicant, separate from the permit fee.

When construction plans are incomplete or when it is not practicable to determine a fair valuation of work to be performed, the engineer's preliminary cost estimate may be used to determine the permit fees. However, when the permit fee is to be based on estimated construction cost, the fee may be adjusted upward by not more than 20 percent by the city engineer. A decision by the city engineer regarding the approved cost estimate shall be final.

(Ord. 810, 2000; Code 2000 § 11.50.14; amended during 2007 recodification)

§ 18.180.050 Public works construction permit.

After approval of plans and payment of the fee established in CMC § 18.180.040, a permit for public works construction shall be issued by the city engineer. The construction authorized by the city shall be clearly specified on the permit. The city engineer and any authorized consultant personnel employed by the city shall have free access to the property until the construction is completed and approved by the city.

(Ord. 810, 2000; Code 2000 § 11.50.15; amended during 2007 recodification)

§ 18.180.060 Stop work order.

All persons or organizations making a public improvement as defined in CMC § 18.180.010 without a valid permit, or in violation of the terms and conditions of their permit, shall cease and desist from the improvement upon issuance of a stop work order by the community development director or designee.

(Ord. 810, 2000; Code 2000 § 11.50.16; amended during 2007 recodification)

§ 18.185.010 Purpose.

In the interest of promoting usable public open spaces within the city, the city shall develop a parks and open spaces system that maintains no less than the current year's level of service. Development of vacant land will increase the general demand on the existing parks and the improvements within them so that without additional parks and improvements the general recreation accessibility and opportunities to all residents will diminish proportionately with the increase in population. Therefore, in order to provide for the current level of service the city shall implement a park and recreation system development charge in a manner set forth in the parks and open spaces master plan and described in this chapter.

(Ord. 810, 2000; Code 2000 § 11.50.21; Ord. 2016-011 § 1 (Exh. A), 2016)

§ 18.185.020 Procedure.

The methodology used to establish a reimbursement fee shall be proportional to the impact of added housing on the parks system, and shall consider the following factors:

The cost or market value of then-existing facilities (LOS), including land and improvements, excluding system development charge (SDC) funds expended;

The value of unused capacity, and/or the proportional cost of increased capacity provided from improvements to existing facilities;

Rate-making principles employed to finance publicly owned capital improvements;

The costs associated with complying with the provisions of ORS 223.287 to 223.314, including the costs of developing methodologies for calculating charges, and costs of annual accounting and reporting of SDC revenues and expenditures; and

Other relevant factors.

(Ord. 810, 2000; Code 2000 § 11.50.22)

§ 18.185.030 Authority.

The parks and open spaces master plan contains the methodology for the parks and recreation system development charges. The amount of the SDC shall be set by resolution, adopted by the city council.

The building official shall calculate the system development charge due and the amount shall be paid at the time of issuance of a building permit for each residential unit authorized to be constructed on the permit. The full amount due shall be paid prior to issuance of the permit, unless special payment provisions have been authorized by the city council to mitigate financial hardship, but shall be paid prior to issuance of an occupancy permit.

The park SDC's may only be expended for capital improvements to the parks system, including acquisition and development. Improvements must be listed on the city's capital improvement schedule, as set forth in Section 5 of Exhibit B of the parks and open spaces master plan to be eligible for the SDC funding. The city council may from time to time update the capital improvements schedule by resolution.

(Ord. 810, 2000; Code 2000 § 11.50.23; amended during 2007 recodification)

§ 18.185.040 Additional charges.

The system development charge imposed under the provisions of this chapter is in addition to any and all applicable taxes, assessments, charges, licenses or fees otherwise provided by law.

(Ord. 810, 2000; Code 2000 § 11.50.24)

§ 18.190.010 Housing assistance plan – Adopted.

The city of Cornelius housing assistance plan prepared by CH2M-Hill, dated July 30, 1979, a copy of which is on file in the office of the city recorder, is adopted by reference and incorporated in this code.

(Ord. 810, 2000; Code 2000 § 11.50.31)

§ 18.190.020 Parks and open space master plan – Adopted.

The parks and open space master plan of the city of Cornelius, Oregon, dated October 2009. The plan shall be known and pleaded as "The City of Cornelius Parks Master Plan, October 2009."

(Ord. 810, 2000; Code 2000 § 11.50.32; Ord. 2020-05 § 1 (Exh. A), 2020)

§ 18.190.030 Street names – Renaming certain streets.

The following streets located within the city are renamed as follows:

The cul-de-sacs on South Dogwood Drive to be named: Dogwood Circle, Dogwood Place, and Dogwood Court.

The cul-de-sacs on South Tarrybrooke Drive to be named: Tarrybrooke Place, Tarrybrooke Circle, and Tarrybrooke Court.

South Julie Lee Court and South Lee Court to be named: South Dogwood Terrace.

(Ord. 686 § 1, 1988; Ord. 810, 2000; Code 2000 § 11.50.33)

Cornelius City Zoning Code

Division V

REFERENCE INFORMATION

§ 18.180.010 Definitions.

For the purposes of this chapter:

A "public improvement"

includes any improvement of public streets, sidewalks, alleys, curbs, gutters, sewers, sewer collection lines, sewer lateral, sewage pumping station, sewer pressure line, sewage treatment device, water line, water pumping station, water treatment device, water valves and hydrants, storm drainage sump, storm drainage line, storm drainage ditch, dike, fill, excavation and any improvements defined in ORS 223.387.

Domestic wells, septic tanks and any type of construction regulated by the State Building Code as adopted by the city and city subdivision regulations are excluded from the terms of this chapter, except that such nonpublic systems must be authorized for private use by the city council, based on recommendations from the community development director and city engineer.

(Ord. 810, 2000; Code 2000 § 11.50.11; amended during 2007 recodification)

§ 18.180.020 Applicability.

This chapter shall apply to construction as defined in this chapter proposed by any private party, quasi-public body, public agency or governmental unit except the city.

(Ord. 810, 2000; Code 2000 § 11.50.12)

§ 18.180.030 Submission of plans.

Complete plans, including sufficient detail to ensure full and complete disclosure of all work contemplated, shall be submitted to the city for approval, subject to the following:

Plans shall be prepared with reference to the survey grid system adopted by the city, and no other system of locations for elevations shall be used. The city will furnish, upon request at the price established by resolution, required programmatic maps. No other maps shall be used, except as may be approved by the city engineer as being more up-to-date or accurate.

Plans shall indicate pertinent connections to nearby public works with detailed information on method of connection.

Plans shall indicate drainage or visibility effects on adjoining or nearby property, together with appropriate mitigation.

Where applicable to the improvement, plans shall indicate methods of providing for future connections of adjoining, beyond or nearby property to the public improvement.

(Ord. 810, 2000; Code 2000 § 11.50.13; Ord. 2024-03 § 1 (Exh. A), 2024)

§ 18.180.040 Construction permit fee.

The applicant shall pay a public works construction permit fee. The rate of such fee shall be determined by resolution of the city council.

The permit fee is intended to defray typical or average, but not necessarily actual, costs incurred by the city in providing technical services related to any public works construction performed through a private engineer and contractor at the applicant's expense. Typical services provided by the city include, but are not limited to, the following:

Meeting with the applicant, his engineer or agent to review city standards, specifications, or ordinances and procedures;

Providing the engineer with information on existing conditions and facilities;

Providing information and data for any state or county approvals that are required;

Providing a detailed review of all construction drawings, engineering and specifications;

Making inspections necessary to assure compliance with city standards and specifications, exclusive of work related to processing change orders, progress pay estimates, or other matters not directly affecting the city;

Keeping notes and records sufficient for preparation of "as-built" drawings by the engineer;

Updating city map files and records by incorporating "as-built" information; and

Meeting with various utility companies to review and coordinate all utility construction and installations.

Any required soils or materials testing, when performed by a private or independent testing firm, shall be paid for by the applicant, separate from the permit fee.

When construction plans are incomplete or when it is not practicable to determine a fair valuation of work to be performed, the engineer's preliminary cost estimate may be used to determine the permit fees. However, when the permit fee is to be based on estimated construction cost, the fee may be adjusted upward by not more than 20 percent by the city engineer. A decision by the city engineer regarding the approved cost estimate shall be final.

(Ord. 810, 2000; Code 2000 § 11.50.14; amended during 2007 recodification)

§ 18.180.050 Public works construction permit.

After approval of plans and payment of the fee established in CMC § 18.180.040, a permit for public works construction shall be issued by the city engineer. The construction authorized by the city shall be clearly specified on the permit. The city engineer and any authorized consultant personnel employed by the city shall have free access to the property until the construction is completed and approved by the city.

(Ord. 810, 2000; Code 2000 § 11.50.15; amended during 2007 recodification)

§ 18.180.060 Stop work order.

All persons or organizations making a public improvement as defined in CMC § 18.180.010 without a valid permit, or in violation of the terms and conditions of their permit, shall cease and desist from the improvement upon issuance of a stop work order by the community development director or designee.

(Ord. 810, 2000; Code 2000 § 11.50.16; amended during 2007 recodification)

§ 18.185.010 Purpose.

In the interest of promoting usable public open spaces within the city, the city shall develop a parks and open spaces system that maintains no less than the current year's level of service. Development of vacant land will increase the general demand on the existing parks and the improvements within them so that without additional parks and improvements the general recreation accessibility and opportunities to all residents will diminish proportionately with the increase in population. Therefore, in order to provide for the current level of service the city shall implement a park and recreation system development charge in a manner set forth in the parks and open spaces master plan and described in this chapter.

(Ord. 810, 2000; Code 2000 § 11.50.21; Ord. 2016-011 § 1 (Exh. A), 2016)

§ 18.185.020 Procedure.

The methodology used to establish a reimbursement fee shall be proportional to the impact of added housing on the parks system, and shall consider the following factors:

The cost or market value of then-existing facilities (LOS), including land and improvements, excluding system development charge (SDC) funds expended;

The value of unused capacity, and/or the proportional cost of increased capacity provided from improvements to existing facilities;

Rate-making principles employed to finance publicly owned capital improvements;

The costs associated with complying with the provisions of ORS 223.287 to 223.314, including the costs of developing methodologies for calculating charges, and costs of annual accounting and reporting of SDC revenues and expenditures; and

Other relevant factors.

(Ord. 810, 2000; Code 2000 § 11.50.22)

§ 18.185.030 Authority.

The parks and open spaces master plan contains the methodology for the parks and recreation system development charges. The amount of the SDC shall be set by resolution, adopted by the city council.

The building official shall calculate the system development charge due and the amount shall be paid at the time of issuance of a building permit for each residential unit authorized to be constructed on the permit. The full amount due shall be paid prior to issuance of the permit, unless special payment provisions have been authorized by the city council to mitigate financial hardship, but shall be paid prior to issuance of an occupancy permit.

The park SDC's may only be expended for capital improvements to the parks system, including acquisition and development. Improvements must be listed on the city's capital improvement schedule, as set forth in Section 5 of Exhibit B of the parks and open spaces master plan to be eligible for the SDC funding. The city council may from time to time update the capital improvements schedule by resolution.

(Ord. 810, 2000; Code 2000 § 11.50.23; amended during 2007 recodification)

§ 18.185.040 Additional charges.

The system development charge imposed under the provisions of this chapter is in addition to any and all applicable taxes, assessments, charges, licenses or fees otherwise provided by law.

(Ord. 810, 2000; Code 2000 § 11.50.24)

§ 18.190.010 Housing assistance plan – Adopted.

The city of Cornelius housing assistance plan prepared by CH2M-Hill, dated July 30, 1979, a copy of which is on file in the office of the city recorder, is adopted by reference and incorporated in this code.

(Ord. 810, 2000; Code 2000 § 11.50.31)

§ 18.190.020 Parks and open space master plan – Adopted.

The parks and open space master plan of the city of Cornelius, Oregon, dated October 2009. The plan shall be known and pleaded as "The City of Cornelius Parks Master Plan, October 2009."

(Ord. 810, 2000; Code 2000 § 11.50.32; Ord. 2020-05 § 1 (Exh. A), 2020)

§ 18.190.030 Street names – Renaming certain streets.

The following streets located within the city are renamed as follows:

The cul-de-sacs on South Dogwood Drive to be named: Dogwood Circle, Dogwood Place, and Dogwood Court.

The cul-de-sacs on South Tarrybrooke Drive to be named: Tarrybrooke Place, Tarrybrooke Circle, and Tarrybrooke Court.

South Julie Lee Court and South Lee Court to be named: South Dogwood Terrace.

(Ord. 686 § 1, 1988; Ord. 810, 2000; Code 2000 § 11.50.33)