A.

Permit fee, inspection.

1.

It shall be unlawful for any person or persons to construct or cause to be constructed any sidewalk, curb, gutter, driveway or roadway excavation within the rights-of-way of any street, avenue, alley or roadway within the City, without first having obtained permit from the Building Inspector of the City and in compliance with the terms of this Section.

2.

The application for such permit shall be filed with the Building Department of the City and shall be accompanied by a fee of $15.00 and shall include the type of construction, concrete and type of backfill, together with the location of said construction and other information sufficient to inform the City Building Inspector when said work is ready for inspection and said Inspector shall inspect the same to determine whether all regulations have been complied with. Said notice shall be given to said inspector not less than four working hours prior to the time said work is ready for inspection. No concrete shall be poured before the forms are inspected and no trench shall be backfilled before the installations are inspected by the City Building Inspector.

B.

Penalty. Any person found guilty of violating any provision of this Section shall be deemed guilty of a violation and shall be fined not more than $100.00. Any such person who constructs or causes to be constructed and sidewalk, curb, gutter, driveway, or roadway excavation within the rights-of-way of any street, avenue, or roadway within the City, and who either fails to obtain said permit, have the work inspected, or who fails to conform said work to the City regulations and which work does not conform to said regulations and requires either completion or correction of said work shall be notified by the City Building Inspector and shall be given a period of five (5) days from, and after said notice to either complete or correct said work. In the event said person or persons, after receipt of said notice, fail to complete or correct said work within said five (5) day period the City may complete or correct said work or cause the same to be completed or corrected and the cost and expense thereof shall be the obligation of said person or persons so notified and the same shall be assessed as a fine and a penalty under the terms hereof in addition to the above mentioned fine.

C.

Sidewalk construction shall be required concurrently under the following conditions:

1.

Upon any new development of property or redevelopment of property which changes the foot print of the existing principle structure.

2.

Upon the approval of any change in use of any residential, commercial or industrial structure property.

3.

Upon the approval of any variance, conditional use permit, or use of street right-of-way granted by the City.

4.

Where the rebuilding or replacement of the building is the direct result of a casualty loss, and exceeds sixty (60) percent of the total value of the building prior to the casualty loss.

D.

Sidewalk Permit Required. Upon the conditions stated in this Section, a sidewalk construction permit shall be obtained form the City Building Inspector prior to the commencement of any construction, occupancy, change in use or alteration of any dwelling or structure. The sidewalk shall be constructed in accordance with the standard specifications adopted in Chapter 3, Section 8-1-1 of the City Code and to a line and grade to be established by the City. The sidewalk shall be completed prior to occupancy of said dwelling or structure.

(Ord. No. 2652-2010, § 1, 11-15-2010)

A.

No sidewalk permit will be required under the following conditions:

1.

Where the sidewalk grades cannot be established for the property in question within a reasonable length of time;

2.

Where located in I-2 Zone, and the developer demonstrates that there is insignificant pedestrian traffic so as to warrant no sidewalk. However, the vehicle approach shall be installed to meet City specifications;

3.

Where the streets are controlled by the State Highway Division and are in the State Highway right-of-way, in which case sidewalks will be installed according to Oregon State Laws and specifications;

4.

Upon the partition or subdivision, for parcels in the partition or subdivisions which are unimproved and will not be improved in connection with the partition or subdivision.

B.

In the event of any dispute between the property owner and the Building Inspector concerning the necessity for the requirements of a sidewalk permit or as to any of the other requirements of this Section, such dispute will be submitted to and determined by the Hearing Officer, and appealed to the Planning Commission.

C.

Failure to Construct Sidewalk. In the event any property fails to obtain the sidewalk permit required by this Section and/or fails to construct the sidewalk within the time provided for herein, they shall be in default and in violation of this Section and the Council shall have the power and authority to access the property for the cost of such sidewalk and may construct the same or have the same constructed at the expense of the land owner. The cost thereof shall be a lien upon the property abutting the sidewalk and the manner and procedure of collection of such assessment lien shall be in all respects as prescribed by the Charter of the City and all applicable laws of the State of Oregon relating to special assessments.

Duty of owner, council requirement. It is hereby made the duty of all the owners of land adjoining or adjacent to any street in the City, to construct, if directed by the City, and at all times to keep in good repair sidewalks, curbs and gutters in the public street adjacent to and abutting upon such lot or premises. Should the Council direct the construction thereof, it shall have the power and authority to determine the grade and width of all such improvements, material to be used and all specifications thereof and the time of such construction. If the said owner of any such lot or part thereof shall fail to construct such sidewalk, curbing or gutter, as the said Council may prescribe, then the Council shall have the power and authority to assess the property therefore, and for the cost of the same, and the manner of procedure shall be in all respects as is prescribed by the Charter of the City and applicable laws of the State of Oregon relating to special assessments.

The streetscape is the space between buildings. In commercial zoning districts (C-1, C-2, and C-3 zones), streetscape improvements shall be required concurrently with development under the following conditions:

1.

Upon any new development of property.

2.

Upon any redevelopment of property that expands the floor area of the principal structure by 20 percent or more. This does not apply to accessory structures.

3.

Upon the approval of any change in use of any residential, commercial or industrial structure or property that increases estimated trip generation by more than 50 peak hour trips over the existing use, according to the latest edition of the Institute for Transportation Engineers (ITE) Trip Generation Manual.

4.

Where the rebuilding or replacement of the building is the direct result of a casualty loss, and exceeds 60 percent of the total value of the building prior to the casualty loss.

Streetscape improvements shall be provided by the City where the City, with or without participation from adjacent property owners, engages in a defined streetscape improvement project for a specific area (i.e. street, block, or series of blocks).

The following streetscape improvements shall be provided, if they are not provided already:

a.

Street trees;

b.

Trash receptacles;

c.

Seating; and

d.

Bicycle parking pursuant to Chapter 10C-25-04.

Street trees shall be placed in the "furnishing zone" or the planting strip of the sidewalk, in grates, and shall be subject to landscaping performance standards in Chapter 10A-57-55. Placement of street trees may vary depending on constraints or conditions in the furnishing zone (e.g. sidewalk vaults). In such cases, alternative locations may be used if they do not obstruct travel in the through zone.

Street trees should be placed in the approximate following locations:

a.

Street trees shall be planted within the street right-of-way within existing and proposed planting strips or in sidewalk tree wells on streets without planting strips, except when utility easements occupy these areas.

b.

Street tree spacing shall be based upon the type of tree(s) selected and the canopy size at maturity and, at a minimum, the planting area shall contain 16 square feet, or typically, four feet by four feet.

c.

Street trees shall be spaced no more than 30 feet apart, except where planting a tree would conflict with existing trees, retaining walls, utilities and similar physical barriers.

Trash receptacles and benches should be spaced approximately 75—100 feet apart.

The following elements should be provided, when possible, to further enhance the streetscape:

a.

Drinking fountains;

b.

Planter boxes or other landscaping features in addition to street trees;

c.

Public art; or

d.

Awnings, arcades, or other weather protection for the entire length of a building.

Human-scale lighting and wayfinding signs are also encouraged, but these shall be provided by either the City or through a partnership between the City and private property/business owners.

(Ord. No. 2630-2009, § 1, 7-2-2009)

Street improvements, including paving, curbs and gutters, conforming to specifications in 10C-25, shall be installed at the developer's cost: With all new development of property; with any redevelopment of property which affects changes in the footprint of any building; or, in the event of redevelopment of property occurring as the result of a casualty loss to a structure on that property, when the redevelopment exceeds 60 percent of the value of the former structure.

With all new development of property or redevelopment of property requiring new hook-ups to City water and/or sewer, the developer shall be required to extend City water, sewer and storm drainage lines in the public right-of-way to the further most point of their property. Said improvements shall meet the size and construction specifications as promulgated from time to time by the City Public Works Director or his/her designee.