Aurora Planning Commission Agenda November 6, 2018

AGENDA Aurora Planning Commission Meeting Tuesday, November 6, 2018, 7:00 P.M.

City Council Chambers, Aurora City Hall 21420 Main Street NE, Aurora, OR 97002

1. CALL TO ORDER OF THE AURORA PLANNING COMMISSION MEETING

2. ROLL CALL Chairman Joseph Schaefer Commissioner Craig McNamara Commissioner John Berard Commissioner Tim Shea Commissioner Bud Fawcett Commissioner Tara Weidman Commissioner Jonathan Gibson

3. CONSENT AGENDA a) Planning Commission Minutes – October 2, 2018 b) City Council Minutes – September 11, 2018 c) Historic Review Board Minutes – May 24, 2018 d) Historic Review Board Minutes – June 28, 2018 e) Historic Review Board Minutes – July 5, 2018

4. CORRESPONDENCE

a) Marion County Urban and Rural Zone Codes b) Oregon Passenger Rail

5. VISITORS Anyone wishing to address the Aurora Planning Commission concerning items not already on the meeting agenda may do so in this section. No decision or action will be made, but the Aurora Planning Commission could look into the matter and provide some response in the future. 6. PUBLIC HEARING-N/A

7. NEW BUSINESS

a) Oregon Solutions and the Aurora Airport b) Nomination of Commissioners for Positions 1, 2 and 4

8. OLD BUSINESS a) Threshold for Sending and Receiving Notice regarding Development Activity at the

Aurora Airport b) Potential Code Updates

9. ADJOURN

Aurora Planning Commission Minutes October 2, 2018 For further information on any of these discussion topics, please refer to the recording on the website, www.ci.aurora.or.us.

Minutes Aurora Planning Commission Meeting

Tuesday, October 2, 2018, 7:00 P.M. City Council Chambers, Aurora City Hall 21420 Main Street NE, Aurora, OR 97002

STAFF PRESENT: W. Scott Jorgensen, City Recorder Renata Wakeley, City Planner STAFF ABSENT: None VISITORS PRESENT: Tom Heitmanek, Aurora; Virgle McVey, Aurora; Brian Asher, Aurora

1. CALL TO ORDER OF THE AURORA PLANNING COMMISSION MEETING

Chairman Joseph Schaefer called the meeting to order at 7:02 p.m.

2. ROLL CALL Chairman Joseph Schaefer-Present Commissioner Craig McNamara-Present Commissioner John Berard-Absent Commissioner Tim Shea-Present Commissioner Bud Fawcett-Present Commissioner Tara Weidman-Present Commissioner Jonathan Gibson-Present

3. CONSENT AGENDA a) Planning Commission Minutes – September 4, 2018 b) City Council Minutes – August 14, 2018

Commissioner Jonathan Gibson moved to approve the consent agenda. That motion was seconded by Commissioner Craig McNamara and adopted unanimously.

4. CORRESPONDENCE

5. VISITORS Anyone wishing to address the Aurora Planning Commission concerning items not already on the meeting agenda may do so in this section. No decision or action will be made, but the Aurora Planning Commission could look into the matter and provide some response in the future. 6. PUBLIC HEARING

7. NEW BUSINESS

8. OLD BUSINESS

a) Potential Code Updates

Aurora Planning Commission Minutes October 2, 2018 For further information on any of these discussion topics, please refer to the recording on the website, www.ci.aurora.or.us.

Planner Renata Wakeley provided an overview of the documents that were provided for consideration. Proposed updates include sections on accessory structures due to a change in state law and replacement of the word “church” in code with “place of worship” due to a court ruling. There was a discussion about what methodology to use when calculating floor area ratios. Portions of code pertaining to variances, setbacks, driveways, the outdoor display of goods in the historic district, home occupation standards were discussed. Planner Wakeley went over the proposed changes to the city’s Comprehensive Plan and Transportation System Plan. There were discussions about connection to city services following annexation, legacy streets and the Urban Transition Farm zone designation.

b) Outdoor Display of Goods in the Historic District

9. ADJOURN Chairman Schaefer adjourned the meeting at 8:58 p.m.

________________________________________ Joseph Schaefer, Chairman ATTEST: ________________________________________ W. Scott Jorgensen City Recorder

5155 Silverton Road NE � Salem, OR 97305-3802 � www.co.marion.or.us Printed on recycled paper � Reduce – Reuse – Recycle - Recover

MEMORANDUM

DATE: October 30, 2018

TO: Marion County Planning Commission

FROM: Marion County Public Works – Brandon Reich, Senior Planner

SUBJECT: Work Session to Discuss Amendments to the Marion County

Urban and Rural Zone Codes – Legislative Amendment 18-001

BACKGROUND

Generally, Marion County keeps its zone code up-to-date with changes made to

state law. There have been recent changes to state law that the county should

adopt into its zone code. In addition, staff is recommending the county consider

various clarifying amendments to the code.

COMMENTS

No comments were received at the time this staff report was prepared.

FACTS AND ANALYSIS

Oregon Revised Statute Amendments

HB 2179 (2017)

Mandatory

17.136, 17.137,

17.139

Permits onsite treatment of septage prior to application of

biosolids on EFU land.

SB 677 (2017)

Mandatory

17.125, 17.136,

17.137, 17.139

Permits cider business similar to how wineries are now

permitted.

SB 1051 (2017) Mandatory

16.49

Requires a jurisdiction of a certain size to permit accessory

dwelling units. County has already adopted standards,

should incorporate definition in ORS 197.312 to be

consistent with bill.

In 2017, the legislature adopted a number of bills that amended state statutes. These changes

should be incorporated into the zone code.

PUBLIC WORKS

BOARD OF COMMISSIONERS Janet Carlson Kevin Cameron Sam Brentano DIRECTOR Alan Haley ADMINISTRATION BUILDING INSPECTION EMERGENCY MANAGEMENT ENGINEERING ENVIRONMENTAL SERVICES OPERATIONS PARKS PLANNING SURVEY

Marion County OREGON

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HB 3012 (2017) Optional

17.128

Permits a historic home to be converted to an ADU when

home is replaced in an Acreage Residential zone.

This bill permits a historic home (constructed between 1850 and 1945) to be converted to an

accessory dwelling unit when it’s replaced with a new home on a property. Staff recommends

the rural code be amended to allow this provision.

HB 3012 (2018)

Optional

17.136, 17.137,

17.139

Permits equine and equine-affiliated therapeutic and

counseling activities as a conditional use.

Marion County already would permit this use as a commercial activity in conjunction with farm

use. The bill goes into effect in 2019 and limits the use to buildings that existed as of January 1,

2019. The bill limits the use to existing buildings or new buildings, if the new buildings are

accessory, incidental and subordinate to the farm use of the tract, which is more restrictive

than permitting them as a commercial activity in conjunction with farm use. In addition the bill

places licensing requirements that staff may not be qualified to apply. Staff does not

recommend this bill be incorporated into county code.

Staff Recommended Amendments

16.6.010 Optional Permits a residence on a commercially zoned parcel in

the Lyons Urban Growth Boundary.

There are numerous single-family dwellings on land zoned commercial within the Urban

Growth Boundary of Lyons. The property owners of these parcels have trouble obtaining a

loan, refinancing or selling their properties because the zone does not permit a single-family

dwelling outright. The proposed amendment would permit a single-family dwelling outright, as

well as allow for commercial uses, caretaker dwellings and the future redevelopment of a lot

from a single-family use into a commercial use.

16.19.110

17.178.040 Optional

Clarifies standards by which an emergency facility could

be approved in a floodplain.

Clarifies that an emergency facility could be approved in a 500-year floodplain if the facility is

needed to provide emergency response services in a timely manner.

16.28.020 Optional Clarifies setbacks that apply to accessory structures in

non-required front yard.

Currently code is silent of what setbacks to apply to an accessory structure in the non-required

front yard. (The required front yard is 12 feet). Planning has always permitted an accessory

structure in the non-required front yard to be placed using the same setbacks as the primary

structure (i.e., dwelling, which has a 12 foot front yard setback and a 5 foot side yard setback).

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This amendment would codify permitting an accessory structure in the non-required front yard

to be placed using the same setbacks as the primary structure.

16.38.010

17.110.840 Optional

Clarifies that the Board may send a matter to the

planning commission or hearings officer for a

recommendation without a hearing.

Currently code is unclear whether the Board can refer an action to the county planning

commission for a recommendation without the commission first holding a hearing on the

matter. This clarifies that the Board may refer for a recommendation without a hearing and

makes urban and rural codes match in this aspect.

17.116.120 Optional

Clarifies that the limits for adjustments do not apply to

adjustments for the special setback in resource zones.

The limits were not intended to apply, but appear to

without the proposed amendment.

Special setbacks are applied to dwellings near resource land, 100 feet from farm uses and 200

feet from forest uses. Years ago the code was changed to permit a reduction in the special

setback through the adjustment process instead of the previous administrative review process.

Inadvertently, that code amendment made it appear that the limits for adjustments apply. This

was not the intention and, in fact, the code amendment did not include limits on the

adjustment amount for a special setback reduction. This code amendment clarifies that the

process for adjustments applies to an adjustment for a special setback, but not the limits in

17.116.030.

17.119 Optional

Conditional use chapter references process in variance

chapter. Moves language directly into conditional use

chapter to clarify process. Makes conditional use

effective for two years and cessation after one year,

which is consistent with current practice.

The conditional use chapter has historically referenced parts of the variance chapter for its

process, particularly appeals, effective date of the use, cessation and transfer of use, etc. There

are differences between conditional uses and variances, for instance conditional uses must be

exercised within two years to be effective and variances must be exercised within one year.

Referencing the variance procedures in the conditional use section has been confusing and

conflicting because of the different time limits. This amendment places the conditional use

procedure solely in the conditional use section of code.

17.126.020 Optional

Permits kitchens connected by “open, livable” space and

in a domestic suite. Covenant should not be required

since planning reviews plans when building is

constructed.

Planning has historically permitted additional dwellings in a structure if the kitchens were

connected by “open, livable” space, area of the dwelling that is finished and connected by

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hallways or rooms with no doorways between kitchens. This ensures that the dwelling remain

for single-family use and cannot be used as a duplex, which is not permitted on rural land. It

has recently come to planning’s attention that a domestic suite could be constructed where the

two kitchens are separated by a door that locks. The locking door prevents the dwelling from

being a duplex or shared housing. The domestic suite option would provide family members

the ability to have their own quasi-separate living space while still being part of a single-family

dwelling.

17.171.020 Optional

Permits wireless communication facilities (cellular

towers) outright in Public zone without additional

review.

Wireless communication facilities are a form of public utility, providing wireless phone service

to customers in an area. The public zone permits utility services (except public power

generation) outright. Wireless communication facilities are subject to additional review

pertaining to appearance and location, similar to how they are reviewed in rural residential

zones. However, the public zone seems an appropriate zone for wireless communication

facilities to be permitted outright, since their use is consistent with other public utilities.

17.172.400 Optional

Clarifies when a parcel served by a sewage disposal

system (septic system) must be reviewed through

permitting. Corrects references in code.

Currently all parcels created through the partition or property line adjustment process require

septic review. This amendment clarifies under what circumstances septic review would be

required. For instance, in some instances the parcel is large enough or the septic system would

be located entirely on one parcel and a review would not be necessary.

General Amendments

Urban

16.01.020 Mandatory Includes zone/plan designations for Public zones.

16.19.100 Mandatory Corrects reference to the county’s flood insurance

study.

16.19.110

16.19.130 Optional

Moves an approved use from procedures section to

exemptions section.

16.19.140 Mandatory

Adds reference to floodwater velocity standard that

applies when crawlspace construction used in

floodplain.

16.25.200 Scrivener’s Error Corrects reference in code.

16.49.171 Mandatory Corrects definition to mobile food vendor to match

current county code.

Page 5

Rural

17.110.270 Scrivener’s Error Corrects reference in code

17.112.020 Optional

ODOT confirmed it does not require a 70 foot centerline

setback. Removing this special setback would mean the

standard 50 foot state highway setback would apply.

17.128.020 Scrivener’s Error Corrects reference in code

17.136.040

17.137.040

17.138.035

17.139.040

Mandatory

DLCD no longer includes wildlife habitat conservation

plan as a land use action. The property owner

coordinates with the Marion County Tax Assessor to

implement a plan.

17.136.050

17.137.050

17.138.040

17.139.050

Mandatory Incorporates reference into code to MCC section

regarding solid waste disposal facilities.

17.171.020 Optional

Permits wireless communication facilities (cellular

towers) without provision of items since there is no

requirement for a land use review.

17.172.400 Scrivener’s Error Corrects references in code

17.178.030 Mandatory Corrects reference to the county’s flood insurance

study.

17.178.040

17.178.050 Optional

Moves an approved use from procedures section to

exemptions section.

17.178.060 Mandatory Includes reference to floodwater velocity that applies

when crawlspace construction approved in floodplain.

RECOMMENDATION

Staff recommends the Marion County Planning Commission discuss the ‘optional’ items listed

above and, for each item, make a recommendation to the Marion County Board of

Commissioners regarding whether the provision should be adopted and, if so, what the code

language should be.

Attachment:

Proposed Amendments

The Draft Environmental Impact Statement isnow available!

For several years, Oregon Department ofTransportation (ODOT) has studied ways to

From: Joseph SchaeferTo: Recorder; Tom HeitmanekSubject: For Nov PC Correspondence Oregon Passenger Rail: Draft Environmental Impact Statement Now AvailableDate: Friday, October 19, 2018 9:40:16 AM

Scott:

Please include in the packet as correspondence (just this summary - not the DEIS)

Oregon Passenger Rail: Draft Environmental Impact Statement Now AvailableReply-To: Oregon Passenger Rail <info@oregonpassengerrail.org>

improve the frequency, convenience, speedand reliability of intercity passenger rail servicebetween the Portland urban area and theEugene-Springfield urban area.

The project has reached an importantmilestone with the release of the DraftEnvironmental Impact Statement (DEIS). The DEIS describes why the project is beingproposed and the project’s alternatives. Itexamines the potential social, economic andenvironmental impacts of those alternatives.The “build” alternatives in the DEIS wouldaccommodate increased passenger railservice.

Alternative 1 follows the existing AmtrakCascades passenger rail route. Itproposes track, signal andcommunication improvements.Alternative 2 is primarily a new route between Springfield and Oregon Cityalong Interstate 5, an existing freight rail line and Interstate 205. It would followthe existing alignment north of Oregon City.

ODOT and the Federal Railroad Administration (FRA) have identified Alternative 1 asthe Preferred Alternative.

ODOT is now accepting comments on theDEISODOT is holding five public open houses to give community members an opportunityto review the findings and comment on the DEIS. The public is also invited toparticipate in an online open house between Nov. 28 and Dec. 18, 2018.

Portland: Nov. 28, 2018, 5-7 p.m., ODOT Region 1 Office, 123 NW FlandersSt., Portland, OR 97209 Oregon City: Nov. 29, 2018, 4:30-6:30 p.m., Pioneer Community Center, 615Fifth St., Oregon City, OR 97045 Albany: Dec. 4, 2018, 5-7 p.m., Linn-Benton Community College, FiresideRoom, 6500 Pacific Blvd. SW, Albany, OR 97321Salem: Dec. 5, 2018, 5-7 p.m., Pringle Hall, 606 Church St. SE, Salem, OR97301

Eugene: Dec. 6, 2018, 5-7 p.m., Main Public Library, 100 W 10th Ave.,Eugene, OR 97401

Paper copies are also available for review at several locations throughout thecorridor. Learn more.

The path to improved passenger railFollowing the public comment period, ODOT and FRA will select a Final PreferredAlternative and will document that decision in the Final Environmental ImpactStatement (FEIS) and Record of Decision (ROD). The ROD lays the groundwork forthe possibility of expanding Oregon’s Passenger Rail Program, opening the path tofuture investments and expansion of service on the route. Improved service isforecast to facilitate a near-doubling of ridership by 2035 and would provide anefficient, safe, equitable and affordable travel alternative. The FEIS is anticipated in2019.

Summary of upcoming datesDEIS Notice of Availability: Oct. 19, 2018Public Comment Period: Oct. 19-Dec. 18, 2018 Public Meetings in Portland, Oregon City, Salem, Albany and Eugene: Nov.28-Dec. 6, 2018Online Open House: Nov. 28-Dec. 18, 2018

The meeting locations are ADA accessible. Information is available in alternativeformats upon request. Accommodations will be provided to persons with disabilities.To request an accommodation to participate in meetings, please call Jennifer Sellersat (503) 480-5556 or statewide relay 7-1-1 at least 48 hours prior to the meeting.

Contact Us:

Visit www.OregonPassengerRail.orgEmail info@oregonpassengerrail.orgCall Jennifer Sellers, Passenger Rail Program Manager at (503) 480-5556

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OregonPassengerRail.org

SCOPE OF ASSESSMENT: Aurora Airport Runway Expansion

In considering the Oregon Department of Aviation’s (ODA’s) request to pursue “a federal grant application to the Federal Aviation Administration (FAA) in the amount of $37 million for a runway extension at Aurora State Airport,” the Oregon Legislature’s Joint Emergency Committee requested the engagement of Oregon Solutions to conduct an impartial assessment to do the following:

1. Facilitate a civil and accurate dialog by conducting an assessment of local governments and key stakeholders of the airport

2. Frame the key issues of the diverse stakeholders around the expansion3. Identify information and process needs that could be helpful in addressing those issues

Timeline & Product (October – December 2018)

The assessment will start immediately with a final summary report from Oregon Solutions to the Joint Emergency Committee completed in time for presentation during the December 2018 legislative days. The report will summarize issues related to the expansion, information needs, and any next step process recommendations. Information from assessment interviews will be summarized in the final report and not attributed to individuals without permission. Oregon Solutions will conduct the assessment as part of their legislative mandate. The fees for this assessment will be covered by Oregon Solutions.

1

OREGON DEPARTMENT OF AVIATION STATE AGENCY COORDINATION PROGRAM

IN ACCORDANCE WITH ORS 197.180 AND OAR CHAPTER 660, DIVISION 30 AND 31

November 1, 2013

TABLE OF CONTENTS Executive Summary Chapter 1 - Introduction 1-1 Chapter 2 - ODA Organization and Programs 2-1 Chapter 3 - ODA Land Use Programs 3-1 Chapter 4 - Coordination of Land Use Programs 4-1 Chapter 5 - Program of Cooperation and Technical Assistance 5-1 Chapter 6- Coordination with State and Federal Agencies and Special Districts 6-1 Chapter 7 - Organization of ODA Planning Coordination Program 7-1 APPENDIXES Appendix A- Glossary A-1 Appendix B - ODA Statutes B-1 Appendix C - ODA Rules C-1 Appendix D - ODA SAC Administrative Rule D-1

EXECUTIVE SUMMARY Chapter 1 – Introduction

State agency coordination programs describe what agencies will do to comply with Oregon’s land use planning program. More specifically, they describe how an agency will meet its obligation under ORS 197.180 to carry out its programs affecting land use in compliance with the statewide planning goals and in a manner compatible with acknowledged comprehensive plans.

A state agency coordination program must contain a number of elements and an administrative rule. ODA is one of five state agencies with previously certified state agency coordination programs. The Department's current coordination program was certified in January of 1983 while a part of the Oregon Department of Transportation, as the Aeronautical Division. Since then, the state agency coordination statute has been amended and the Land Conservation and Development Board have adopted new administrative rules.

Chapter 2 – ODA Organization and Programs

The State Aviation Board as stated in ORS 835.015 “shall incorporate as part of its program a definite plan for the development of airports, state airways, airplane industries and aviation generally.” The Department “shall also cooperate with and assist the federal government, the municipalities of the state, and other persons in the development of aviation activities. Municipalities are authorized to cooperate with the department in the development of aviation and aviation facilities in this state, and shall notify the department of, and allow the department to participate in an advisory capacity in, all municipal airport or aviation system planning.” The Department consists of the Aviation Board, the Director, one Assistant Director and their staff, and three divisions: Projects and Planning, Airports Management and Administration.

In addition, the function of the State Aviation Board is “to perform such acts, adopt or amend and issue such orders, rules and regulations, and make, promulgate and amend such minimum standards,” all consistent with the provisions of chapter 835.

ODA’s programs are divided into several program areas.

Planning Program: The Department's Projects and Planning program is carried out on several levels ranging from a general statewide transportation system plan (Oregon Aviation Plan), to a Statewide Capital Improvement Planning program (SCIP) and a Pavement Evaluation Program (PEP), which precedes the Pavement Maintenance Program (PMP).

Operations Program: The Department operates 28 state airports throughout Oregon.

Maintenance Program: The Department maintains its facilities through general maintenance and upkeep. Of the 28 state owned airports, 12 receive federal funds from the Federal Aviation Administration (FAA) and have to maintain specific airport design, operations and maintenance standards through grant assurances once federal funds are accepted for capital projects.

Modernization Program: The Department modernizes state owned airports by building new facilities and upgrading existing facilities, this can include pavement, hangars, critical and essential infrastructure.

Funding Program: The Department administers a number of funds through the FAA’s Airport Improvement Program through the issuance of Federal Grants, jet and aviation gas tax, pilot registration, airport registration, aircraft registration, aircraft tie-down fees, access agreements and land leases at various state owned airports.

Regulatory Program: The Department regulates several aviation related activities; it issues licenses, permits, conducts inspections, issues guidance letters and enforces laws and rules relating to aviation and aviation activities; including land uses in close proximity to airports.

Technical Assistance Program: The Department provides a variety of types of other technical services such as planning, construction, improvement, maintenance or operation of airports or air navigation facilities in accordance with ORS 835.015 – Development of aviation

Chapter 3 - ODA Programs Affecting Land Use

Since none of ODA’s programs are specifically referenced in the statewide planning goals, the identification of land use programs is based on whether they would significantly affect (1) resources, objectives or areas identified in the statewide planning goals or (2) present or future land uses identified in acknowledged comprehensive plans. Such is the case for programs that either carry out or are used to make decisions to carry out one or more activities that are regulated by the statewide planning goals or acknowledged comprehensive plans. These activities include:

1. Adopting Airport Master Plans which significantly affect the objectives of the Transportation Goal (Goal 12).

2. Enlarging an existing transportation facility to increase the level of transportation service provided, relocating an existing transportation facility, or constructing a new transportation facility.

3. Constructing a new accessory facility, enlarging an existing accessory facility, or significantly changing the use of an existing accessory facility.

4. Changing the size of land parcels through the purchase or sale of property. The Department's Projects and Planning program has a modest effect on land use planning, especially when development occurs within close proximity to an airport. One issue of concern is the encroachment of buildings and tall structures (e.g., cell towers and wind turbines) in an airport’s imaginary surface area, based on FAA Part 77 criteria. Other areas that relate to land use planning is when, facilities (i.e., airports) are enlarged due to growth in activity. This growth can include the expansion of the physical infrastructure and the purchase of land for future development.

The Department's regulatory program is a land use program because through it, permits and licenses listed in OAR 660-31 or otherwise affecting land use are issued. These include airport licensing and airport site approval. All of these permits are Class B permits and are subject to the LCDC Permit Compliance and Compatibility Rule. (OAR 660-31).

The Department's technical assistance and administrative services programs are not land use programs because they are not used by the Department to carry out activities that significantly affect land use or to make decisions to carry out activities which significantly affect land use.

It should be noted that the Department is asked to provide public comment for land use applications that are in close proximity to airport facilities throughout the State, not just State owned facilities. These comments are only recommendations to the local land use reviewing agency and are enforced by their adopted ordinances, codes and policies.

Chapter 4 – Coordination of Programs Affecting Land Use

None of ODA’s programs affecting land use are expressly exempted by statute, constitutional provision or appellate court decision from the requirements in ORS 197.180 to be compatible with acknowledged comprehensive plans. Therefore, all of the Department's programs affecting land use must be carried out in compliance with the statewide planning goals in a manner compatible with acknowledged comprehensive plans.

In most instances, the Department can show compliance with the statewide planning goals by assuring that Airport Layout Plans (ALP), approved by the Federal Aviation Administration (FAA), are compatible with applicable acknowledged local comprehensive plans through the Airport Master Planning process. However, the Department shall adopt findings demonstrating compliance with applicable statewide planning goals when required. The procedures which follow identify the circumstances when the Department shall directly apply the statewide planning goals.

Planning Program: ODA’s program for assuring compliance and compatibility of airports and their future development establishes a process that coordinates compliance and compatibility with the surrounding area. At each planning stage, some compliance and compatibility issues come into focus with sufficient clarity to enable them to be addressed and resolved. Issues that cannot be seen clearly enough to determine compliance and compatibility will be resolved in subsequent planning stages and any plan decisions that depend on their resolution shall be contingent decisions. The result of this successive refinement process shall be the resolution of all compliance and compatibility issues by the end of the project planning stage of the airport master planning program.

Coordination Procedures for Operations, Maintenance and Modernization Programs: The identification of which operations program and modernization program activities significantly affect land use is done during the development of a project prospectus for all activities that proceed through the Department's project planning process. Compliance and compatibility for operations and modernization projects is established during this process. For operations and maintenance activities that do not proceed through the project planning process, such as the daily operations and general maintenance of airports, the Department will determine whether the proposed activity would significantly affect land use; if so, the Department would consult with the local planning department and obtain needed planning approvals.

Regulatory Program Procedures: For all of the Department’s permit programs that affect land use, the Department will notify permit applicants of their responsibility to demonstrate compliance and compatibility. The Department will not issue a permit unless certification of compatibility is demonstrated by the applicant.

Chapter 5 – Program of Cooperation and Technical Assistance

The Department is interested in amendments to the transportation elements of city and county comprehensive plans that relate to any airport located within their jurisdiction. In addition, the Department is interested in a number of types of city and county plan implementation and plan amendment actions that can affect transportation facilities. The Department expects to be notified by local governments about:

1. Actions affecting future airport expansions or development

2. Actions affecting future development in close proximity to airports throughout the state

3. Actions affecting state airport drainage

4. Actions involving noise sensitive land uses in the vicinity of airports

5. Actions that involve physical hazards to air navigation and airport obstructions

6. Actions that involve development in runway protection zones and approach safety zones

ODA will work to incorporate its plans and programs into comprehensive plans in a number of ways. The Department will request that affected cities and counties incorporate relevant portions of modal systems plans and facility plans adopted by the Department into their comprehensive plans. As an early step in the project planning process tor Class 1 and Class 3 projects (OAR 731-015-0015 – ODOT Rule), ODA will request that the affected local governments amend their comprehensive plans and land use regulations to make them consistent with applicable modal system plans and facility plans. The Department will work with metropolitan planning organizations in the formulation of regional transportation plans. The Department will also work with cities and counties during periodic review to incorporate its plans into local comprehensive plans.

Most of the Department's coordination with local public facility planning will occur during periodic review. The Department will assist local governments with airport land use planning. The primary concerns of the Department are that:

1. Public facility plans include relevant portions of adopted modal systems plans, regional transportation plans, Airport Master Plan, Airport Layout Plan or project plans.

2. State facilities not be proposed to provide services that are contrary to their functions as set forth in state and regional transportation plans.

3. Proposed improvements to state facilities are consistent with state transportation plans.

4. Short range improvements to state facilities not be proposed if they are not listed in the Department's capital improvement program unless the improvement is needed or required; that no projects in the Department's capital improvement program can proceed without first addressing the most critical or essential project.

5. Improvements identified in the Department’s capital improvements programs that are compatible with the acknowledged comprehensive plan be identified in the Airport Master Plan or Airport Layout Plan.

6. Airport Master Plan or the Airport Layout Plan identifies facilities needed to serve commercially and industrially planned areas at state airports.

Chapter 6 – Coordination with State and Federal Agencies and Special Districts

The Department's primary areas of coordination with the Department of Land Conservation and Development (DLCD) involve ODA's airport planning program for future airport capital improvements, city and county plan amendments, and periodic review. The Department may also coordinate with DLCD to help resolve issues of compliance with the statewide planning goals and compatibility with acknowledged comprehensive plans for any of its land use programs.

The Department coordinates with a large number of state and federal agencies and special districts as it prepares its various Airport Master Plans or Airport Layout Plans. The Department's coordination procedures provide coordination opportunities throughout the Department's planning program.

Chapter 7 – Organization of ODA’s Coordination Program

Following are descriptions of organizational responsibilities.

Project and Planning Division: The manager of the Project and Planning Division has overall responsibility for ODA's coordination and technical assistance program. The manager works closely with other airports and local jurisdictions as well as other staff at the Department to assure that objectives are carried out.

CHAPTER 1

INTRODUCTION

Achieving effective coordination between state and local planning bodies was one of the principal issues addressed by the 1973 Legislature in passing Oregon’s land use planning act. The law requires agency coordination to be brought about in two ways (1) through the preparation, acknowledgement and periodic review of comprehensive plans, and (2) by the preparation and certification of state agency coordination programs. State agency coordination programs describe what agencies will do to comply with Oregon's land use planning program. More specifically, they describe how an agency will meet its obligation under ORS 197.180 to carry out its programs affecting land use in compliance with the statewide planning goals and in a manner compatible with acknowledged comprehensive plans. This is contained in four major elements of the state agency coordination program. 1. Description of agency rules and programs affecting land use.

2. Procedures for carrying out programs affecting land use in compliance with the goals and in a manner compatible with acknowledged comprehensive plans.

3. Procedures for coordinating with the Department of Land Conservation and Development, affected state and federal agencies and special districts.

4. Program for cooperating with and providing technical assistance to local governments. The certification by LCDC of state agency coordination programs is very similar to the acknowledgement of city and county comprehensive plans and ordinances. Just as acknowledgement meant that local governments could use their comprehensive plans to guide land use decisions, certification means that state agencies can follow the procedures in their certified state agency coordination programs to meet the requirements of Oregon's land use planning program. This is ODA's revised State Agency Coordination Program. It will replace the Department's 1990 State Agency Coordination Program when the Department of Aviation was the Division of Aeronautics, as certified by the Land Conservation and Development Board.

CHAPTER 2

ODA ORGANIZATION AND PROGRAMS ODA STRUCTURE AND ENABLING STATUTES The Department of Aviation is established by ORS 835.015 and carries out the functions set forth in ORS 835.015. The Department consists of the State Aviation Board, the Director, one assistant director, and three divisions: Projects and Planning, Airports Management and Administration. Figure 1 shows the structure of the Department. The State Aviation Board, created by ORS 835.102, is the governing body of the Department of Aviation. The function of the Board is to “perform such acts, adopt or amend and issue such orders, rules and regulations, and make, promulgate and amend such minimum standards.” The primary duty of the State Aviation Board “shall incorporate as part of its program a definite plan for the development of airports, state airways, airplane industries and aviation generally.” The Department shall “cooperate with and assist the federal government, the municipalities of the state, and other persons in the development of aviation activities.” The Department of Aviation is responsible for promoting air safety and overseeing the statewide aeronautics system in Oregon. The Department operates, maintains, and improves the 28 state owned airports that are open to the public. In addition, the Department oversees and licenses public use airports, heliports, seaplane bases, and personal-use facilities. The Department is organized under ORS Chapter 835 Appendix B and C contains copies of the indexes of ODA statutes and rules respectively. SUMMARY OF ODA PROGRAMS ODA carries out a number of programs, each of which is composed of a number of activities. Following is a summary of the principal program areas carried out by the Department. PLANNING PROGRAM The Department's Projects and Planning program is carried out on several levels ranging from a general statewide transportation system plan (Oregon Aviation Plan), to a Statewide Capital Improvement Planning program (SCIP) and a Pavement Evaluation Program (PEP), which identifies the requirements for the statewide Pavement Maintenance Program (PMP). 1. As one of its duties, the State Aviation Board shall plan for the development of airports, state

airways, airplane industries and aviation generally. The Board, with the advice of the Oregon Department of Aviation, shall participate in an advisory capacity with all municipal airport or aviation system planning projects.

2. The Project and Planning Division as well as the Airports Management Division shall prepare a program to collect, summarize and analyze information concerning the condition and usage of each of the state owned airports. Each division shall compile such information in a form suitable for use by the Director in the planning activities of the department.

3. As the plan is developed by the Aviation Board, the Director shall prepare and submit to the Board for approval an implementation program. Work approved by the Board to carry out the plan shall be assigned to the appropriate Division for design, construction, maintenance and operation of the facility.

Systems Planning The Department prepares it five (5) year capital improvement program based on the adopted Airport Master Plans and FAA approved Airport Layout Plans (ALPs). The Department's State Agency Coordination Program will be incorporated into the adoption of both the Airport Master Plans and the Airport Layout Plans on a statewide level. The Statewide Capital Improvement Plan (SCIP) establishes the direction for the Department's capital improvement programs for both federally and non-federally funded airports. The Modal System Plan and Facility Plans are described in more detail below. Modal System Plan: This is the overall plan and policy for aviation statewide and for the state owned airports. This plan evaluates system wide needs for aviation services, identifies and classifies facilities by function and importance to meet the needs, and establishes policies for the system and each class of facilities. These policies may cover topics such as prioritization of resources across the system; allocation of resources between maintenance, preservation, operation, and modernization; operational goals for classes of facilities; and relationship of facility categories to land use. Modal System Plan is adopted by the State Board of Aviation. Facility Plans: These are plans for individual airport facilities such as Airport Master Plans and Airport Layout Plans. They include the identification of needs for using the facility, an overall plan for improving the facility to meet the needs, and policies for operating the facility. The State Aviation Board adopts facility plans based on the final approved Airport Master Plans and FAA signed Airport Layout Plan. Project Planning The Department of Aviation's planning activities include preparing and updating the Oregon Aviation System Plan and preparing Airport Master Plans, environmental studies, and Airport Layout Plans for state owned airports and air navigation facilities. The Division develops a system plan project priority listing. Facility plans are implemented through the development and implementation of the Capital Improvement Project (CIP) list. For example, project plans may be developed for the extension of an airport runway consistent with the Airport Layout Plan for the airport. Project planning starts with the preparation of a project prospectus. This is a preliminary description and evaluation of a proposed project which is used by the Department to schedule project development activities. The prospectus also classifies the project in accordance with the requirements of the Federal Aviation Administration (FAA) and other federal agencies and their regulations which implement their requirements. The Environmental Protection Agency (EPA) classifies projects based on the likelihood that significant environmental effects would result from the construction of the

project. The classifications are as follows. 1. Class 1 projects include actions that significantly affect the quality of the environment and

require draft and final environmental impact statements (EIS). The type of work normally placed in Class 1 includes (a) a major project involving acquisition or more than minor amounts of land, substantial changes to the airport including large amounts of demolition or large increase in impervious surface (i.e., pavement).

2. Class 2 projects include activities that have little or no environmental impact and consequently

are categorically excluded from environmental analysis by federal regulations. The types of work placed in this class include minor improvement, operation, maintenance, repair and preservation.

3. Class 3 projects include actions where the significance of the environmental impact is unclear

and is evaluated through the preparation of an environmental assessment (EA). The purpose of the EA is to establish whether the proposed project will significantly affect the environment. If a potentially significant impact is discovered, the project is reclassified to Class 1 and an EIS is prepared. Otherwise, the assessment results in a "finding of no significant impact" (FONSI).

Once a project prospectus has been approved, the development of project plans for Class 1 and Class 3 projects proceed through two phases, a location phase and a design phase. For Class 2 projects, work may proceed directly to the design phase. During the location phase, project alternatives are evaluated and specific parameters for project design are determined. Environmental assessments and environmental impact statements are prepared at this level of project planning. In the design phase, construction plans, specifications and estimates are developed consistent with the design approval. The design phase concludes with the approval of project plans, specifications and estimates (PS&E). With PS&E approval, funding tor project construction is approved. Several clearances are required before PS&E approval may be granted. Final plans and specifications are reviewed for consistency with environmental mitigation requirements and land use requirements. Land use permits involving design details, such as building permits and floodplain permits, are obtained before completion of final plans. Permits for in-stream work, removal or fill, and necessary removal or disposal of materials are obtained as well. OPERATIONS PROGRAM The Department operates 28 state airports, and related facilities such as pilot lounges, hangars and fueling facilities. Operations activities include airport lighting and navigation aids, elimination of hazards to air navigation, and a number of other safety and support activities. The operations program includes the acquisition of land needed to carry out operations activities. MAINTENANCE PROGRAM The Department maintains its facilities by mowing, spraying vegetation, re-applying airfield

markings, pavement maintenance (PMP), and carrying out similar activities. MODERNIZATION PROGRAM The Department modernizes state airports. Activities in this program include building new facilities, making facility expansions such as adding new apron areas and extending existing runways, and upgrading facilities such as the rehabilitation of impervious areas as well as critical and essential services. FUNDING PROGRAM Of the Department’s 28 state owned airports, 12 are eligible to receive federal grants administered by the FAA. These grants are to be used for projects, as identified in the FAA’s Airport Improvement Program. The Department prepares a five (5) year capital improvement program to identify the specific project and funding source. The purpose of the five (5) year capital improvement program is different than that of the Department's planning program. Capital improvements programs are not plans. They reflect the Department's best estimate of how projected revenues can be matched to airport improvement needs. Capital improvements programs also are not a substitute for the funding decisions that are made in concert with the project planning process. REGULATORY PROGRAM The Department is responsible for airport site approval and licensing. It also conducts airport safety inspections. (ORS 836.025, 836.080-836.120) The Division may also adopt rules which define physical hazards to air navigation and establish standards for lighting or marking objects and structures that constitute hazards to air navigation. The Division also registers pilots and aircraft (ORS 837.005 837.070) and licenses aircraft dealers (ORS 837.075). TECHNICAL ASSISTANCE PROGRAM The Department may assist local governments and airport operators with planning, acquisition, construction, improvement, maintenance or operation of airports or air navigation facilities. (ORS 836.015) The Division is also authorized to act as agent of any municipality in receiving and disbursing federal moneys and in contracting for and supervising planning, acquisition, construction, improvement, maintenance and operation. (ORS 836.025)

CHAPTER 3

ODA LAND USE PROGRAMS

METHOD FOR IDENTIFYING LAND USE PROGRAMS SAC Administrative Rule Requirements An OAR 660-30-0005 defines land use programs as follows:

(2) "Rules and Programs Affecting Land Use":

(a) Are state agency's rules and programs (hereafter referred to as "land use programs") which are:

(A) Specifically referenced in the statewide planning goals; or

(B) Reasonably expected to have significant effects on:

(i) Resources, objectives or areas identified in the statewide planning goats; or

(ii) Present or future land uses identified in acknowledged comprehensive plans.

(b) Do not include state agency rules and programs, including any specific activities or functions which occur under the rules and programs listed in paragraph (2)(a)(A) of this rule if:

(A) An applicable statute, constitutional provision or appellate court decision expressly exempts the requirement of compliance with the statewide goals and compatibility with acknowledged comprehensive plans: or

(B) The rule, program, or activity is nor reasonably expected to have a significant effect on:

(i) Resources. objectives or areas identified in the statewide goals; or

(ii) Present or future land uses identified in acknowledged comprehensive plans; or

(C) A state agency transfers or acquires ownership or an interest in rear property without making any change in the use of the property. Action concurrent with or subsequent to a change of ownership that will affect land use or the areas of the property is subject to either the statewide goals or applicable city or county land use regulations.

Application of OAR 660·30·005 1. Adopting transportation plans which significantly affect the objectives of the Transportation

Goal (Goal12);

2. Enlarging an existing airport facility to increase the level of service provided, relocating an existing aviation facility, or constructing a new aviation facility;

3. Constructing a new accessory facility, enlarging an existing accessory facility, or significantly changing the use of an existing accessory facility;

4. Changing the size of land parcels through the sale or purchase of property;

5. Altering land or structures in a way that significantly affects resources or areas protected by the goals or comprehensive plans. Examples include:

a. Placing or disposing of materials in wetlands, waterways or floodplains;

b. Draining wetlands by ditching or by other means;

c. Removing riparian vegetation.

6. Issuing a permit or license listed in OAR 660-31 or otherwise significantly affecting land use. ANALYSIS OF ODA PROGRAMS Projects and Planning Program Most of the Department's planning program is a land use program because it carries out the Department's aviation planning activities which affect the objectives of Goal 12 and because it is used to make decisions to carry out one or more of the activities affecting land use listed above. All Class 1 and Class 3 projects involve activities which significantly affect land use. Some Class 2 projects, however, do not involve any activities which significantly affect land use. Some other activities carried out in the Department's planning program also do not significantly affect land use. These include information gathering, analysis, and reporting. It should be noted that the Department is asked to provide public comment for land use applications that are in close proximity to airport facilities throughout the State, not just State owned facilities. These comments are only recommendations to the local land use reviewing agency and are enforced by their adopted ordinances, codes and policies. Operations and Maintenance Program’s Some of the Department's operations and maintenance programs can be considered land use programs because they carry out a few activities which affect land use. Examples of these activities include expanding areas of an airport or construction of structures within airport property. However, most of the activities carried out under these programs do not significantly affect land use. Modernization Program The Department's modernization program is a program affecting land use because most of the activities carried out under the program significantly affect land use. However, building some Class 2 projects does not involve any activities that significantly affect land use. Funding Program The Department's funding program may be considered a land use program because future projects are based on revenue collected by the agency and therefore decisions to carry out activities which affect land use. The Department's management of funds to carry out activities affecting land use is also dependent on decisions that are made in the project planning process; meaning funding decisions are not made independently of the planning process. The funds administered may facilitate activities which affect land use but are not determinative on whether those activities are carried out. Regulatory Program

Some of ODA’s permit programs are listed in OAR 660-31 these include airport site approval which are classified as Class B permits and are subject to the LCDC Permit Compliance and Compatibility Rule. (OAR 660-31). Technical Assistance and Administrative Support Programs ODA's technical assistance and administrative support programs are not land use programs because they do not carry out activities that significantly affect land use nor are they used to make decisions to carry out activities which significantly affect land use. The technical assistance and administrative support programs focus on airport and aviation safety. The assistance ODA provides to jurisdictions includes updates to their comprehensive plans and zoning codes, while ensuring that ORSs and OARs are followed and adopted. The Department also reviews structures near airports to ensure that air navigation is free and clear of obstructions as defined in Title 14 CFR Part 77 – Imaginary Surfaces. It should be noted that the Department is asked to provide public comment for land use applications that are in close proximity to airport facilities throughout the State, not just State owned facilities. These comments are only recommendations to the local land use reviewing agency and are enforced by their adopted ordinances, codes and policies.

CHAPTER 4

COORDINATION OF LAND USE PROGRAMS

INDENTIFICATION OF EXEMPT AND COMPATIBLE LAND USE PROGRAMS None of ODA's land use programs are expressly exempted by statute, constitutional provision or appellate court decision from the requirements in ORS 197.180 to be compatible with acknowledged comprehensive plans. PROGRAM FOR ASSURING COMPLIANCE WITH THE STATEWIDE PLANNING GOALS AND COMPATIBILITY WITH ACKNOWLEDGED COMPREHENSIVE PLANS ORS 197.180 and the LCDC State Agency Coordination Rule, OAR 660-30, require that the Department develop procedures and adopt an administrative rule for assuring that programs affecting land use are carried out in compliance with the statewide planning goals and in a manner compatible with acknowledged comprehensive plans. In most instances, the Department shall achieve compliance with the statewide planning goals by assuring that its land use programs are compatible with applicable acknowledged comprehensive plans. However, the Department shall adopt findings demonstrating compliance with the statewide goals when required to do so by OAR 660-30-065(3). The procedures which follow identify the circumstances when the Department shall directly apply the statewide planning goals. PLANNING PROGRAM PROCEDURES ODA's program for assuring compliance and compatibility recognizes the successive stages of airport master planning and establishes a process that coordinates compliance and compatibility determinations during the time an Airport Master Plan or Airport Layout Plan is being developed. At each Airport Master Plan or Airport Layout Plan stage, some compliance and compatibility issues come into focus with sufficient clarity to enable them to be addressed. These issues, if possible, need to be resolved at that time. Other issues may be apparent but not seen clearly enough to determine compliance and compatibility. These issues shall be resolved in subsequent planning stages and any plan decisions that depend on their resolution shall be contingent decisions. The result of this successive refinement process shall be the resolution of all compliance and compatibility issues by the end of the planning stage of the Airport Master Plan or Airport Layout Plan planning program. The Department's coordination efforts at the Airport Master Plan or Airport Layout Plan stages will be directed at involving metropolitan planning organizations, local governments and others in the development of statewide transportation policies and plans. Since these plans have general statewide applicability and since ODA has the mandate under ORS 835.015 to incorporate as part of its program a definite plan for the development of airports, state airways, airplane industries and aviation generally. However, compatibility determinations shall be made for new facilities identified in modal systems plans that affect identifiable geographic areas. Compliance with any statewide planning goals that specifically apply will be established at these planning stages.

The focus of the Department's efforts to establish compatibility with acknowledged comprehensive plans will be at the facility planning and project planning stages of an Airport Master Plan or Airport Layout Plan. At these stages, the effects of the Department's plans are more regional and local in nature although some statewide effects are also present. Following are the procedures that the Department shall or may use to coordinate its planning program. The required procedures have been incorporated into the Department's administrative rule for state agency coordination, OAR chapter 738 Division XX (Appendix XX – when complete). COORDINATION PROCEDURES FOR ADOPTING THE FINAL AIRPROT MASTER PLAN OR AIRPORT LAYOUT PLAN 1. Except in the case of minor amendments to an Airport Master Plan or Airport Layout Plan, the

Department shall involve the Department of Land Conservation and Development (DLCD), metropolitan planning organizations, and interested cities, counties, state and federal agencies, special districts and other interested parties in the development or amendment of an Airport Master Plan or Airport Layout Plan. This involvement may take the form of mailings, meetings, or other means that the Department determines are appropriate for the circumstances. The Department shall hold at least one public meeting on the plan prior to adoption.

2. If the draft plan identifies new facilities which would affect identifiable geographic areas, the Department shall meet with the planning representatives of affected cities, counties and metropolitan planning organization to identify compatibility issues and the means of resolving them. These may include:

a. Changing the draft Airport Master Plan or Airport Layout Plan to eliminate the conflicts.

b. Working with the local governments to amend the local comprehensive plans to eliminate the conflicts, or

c. Identifying the conflicts in the draft Airport Master Plan or Airport Layout Plan and including policies that commit the Department to resolving the conflicts prior to the conclusion of the Airport Master Plan or Airport Layout Plan program for the affected portions of the airport facility.

3. If the comprehensive plan of an affected city or county contains no specific or general plan requirements which apply, the Department may request that the city or county amend its comprehensive plan to incorporate appropriate requirements.

4. The Department shall evaluate and write draft findings of compatibility with acknowledged comprehensive plans of affected cities and counties, findings of compliance with all statewide planning goals which specifically apply as determined by OAR 660-30-065(3)(d), and findings of compliance with all provisions of other statewide planning goals that can be clearly defined if the comprehensive plan of an affected city or county contains no conditions specifically applicable or any general provisions, purposes or objectives that would be substantially affected by the facility plan.

5. The Department shall provide a draft of the proposed Airport Master Plan or Airport Layout Plan to planning representatives of all affected cities, counties and metropolitan planning organization and shall request that they identify any specific plan requirements which apply, any general plan requirements which apply and whether the draft facility plan is compatible

with the acknowledged comprehensive plan. If no reply is received from an affected city, county or metropolitan planning organization within 15 days of the Department's request for a compatibility determination, the Department shall deem that the draft plan is compatible with that jurisdiction's acknowledged comprehensive plan. The Department may extend the reply time if requested to do so by an affected city, county or metropolitan planning organization.

6. The Department shall present to the Aviation Board the draft Airport Master Plan or Airport Layout Plan, findings of compatibility with the acknowledged comprehensive plans of affected cities and counties.

7. The Aviation Board may direct the Department to hold one or more public hearings on the draft plan prior to adoption.

8. The Aviation Board shall adopt findings of compatibility with the acknowledged comprehensive plans of affected cities and counties and findings of compliance with applicable statewide planning goals when it adopts the final Airport Master Plan or Airport Layout Plan.

9. The Department shall provide copies of the adopted final Airport Master Plan or Airport Layout Plan with findings to DLCD, to affected metropolitan planning organizations, cities, counties, state and federal agencies, special districts and to others who request to receive a copy.

COORDINATION PROCEDURES FOR CLASS 2 PROJECTS Coordination procedures are much simpler for Class 2 projects than for Class 1 or Class 3 projects because the land use impacts of projects in this class are minor. Projects are reviewed when the project prospectus is prepared to determine whether they would involve any activities that would significantly affect land use. The following coordination process shall be follow for those projects that would affect land use. 1. Planning officials of affected cities and counties shall be contacted at the start of project

planning to identify any possible compliance or compatibility conflicts and ways of avoiding conflicts.

2. The Department shall attempt to avoid any identified compliance or compatibility conflicts as it develops its plans.

3. Planning officials of affected cities and counties shall be requested to review preliminary plans to identify whether any local land use approvals are needed and whether any of the acknowledged comprehensive plan's general provisions would be substantially affected. If no local planning approvals are required and if the comprehensive plan's general provisions would not be substantially affected the Department shall conclude that the project is compatible. If no comments are received from an affected local jurisdiction within 15 days of the Department's request for a compatibility determination, the Department shall deem that the preliminary project plans are compatible with the acknowledged comprehensive plan for that jurisdiction. The Department may extend the reply time if requested to do so by an affected city or county.

4. If any local planning approvals are required, the Department shall either modify its project plans so as to not require approvals, or shall apply for the necessary approvals.

5. If the affected city or county does not grant approval, the Department may:

a. Modify the project plans so as to not require approval;

b. Discontinue further work on the project; or

c. Appeal the city or county decision.

6. The Department shall obtain local planning approvals prior to construction of the project. COORDINATION PROCEDURES FOR OPERATIONS, MAINTENANCE AND MODERNIZATION PROGRAMS The identification of operations and modernization program projects significantly affecting land use occurs when a project prospectus is prepared. Compliance and compatibility for projects that affect land use are established during the project planning process. Additional coordination in accordance with the procedures listed below will only be necessary if significant changes to project plans are proposed. For operations and maintenance activities that do not proceed through the project planning process, the Department will determine whether the activities are among those listed in previous chapters. The following coordination procedures shall be used when carrying out activities that would significantly affect land use. 1. The Department shall consult planning officials of the affected city or county to determine

whether any local land use approvals are required to carry out the proposed activity.

2. If any local planning approvals are required, the Department shall either modify the proposed activity not to require approval, or shall apply for the necessary approvals.

3. If the approvals are not granted by the approval authority, the Department may:

a. Modify the proposed activity so as to not require permits:

b. Not do the proposed activity; or

c. Appeal the local decision. REFERRAL OF COMPATIBILITY DISPUTES TO THE LAND CONSERVATION AND DEVELOPMENT BOARD If a compatibility conflict persists after pursuing the compatibility procedures listed above, the Department shall request that the Land Conservation and Development Board make a compatibility determination in accordance with OAR 660-30-070 (7) through (12).

CHAPTER 5

PROGRAM OF COOPERATION AND TECHNICAL ASSISTANCE

COORDINATION WITH PLAN IMPLEMENTATION AND PLAN AMENDMENT The Department is interested in amendments to the transportation elements of city and county comprehensive plans, as it relates to airports and airport activities. In addition, the Department is interested in a number of types of city and county plan implementation and plan amendment actions that can affect airports facilities. The Department's interests relate to its role as the builder and operator of state owned airport facilities and its role as the statewide aviation planning agency. The Department would like to receive notification and work with local governments in the following instances. Actions Affecting Future State Airports: The Department is interested in land use actions adjacent to state airports that may affect future expansions of these facilities. The most significant areas of concern include lands near airport runways, taxiways and airport property used for both airside and landside activities. Actions Affecting State Airports: The Department is interested in land use actions adjacent to or in the vicinity of state airports that will significantly change the quantity or rate of runoff discharge to state ditches and drainage structures, or that may block a drainage way that conveys runoff from state drainage systems. Actions Involving Noise Sensitive Land Uses In the Vicinity of Public Use Airports: The Department is interested in land use actions on properties in noise corridors around public use airports. Areas of interest include (1) areas identified by Airport Master Plans and (2) areas within 1,500 feet of airport runways for airports for which there is no master plan. Actions that Involve Physical Hazards to Air Navigation and Airport Obstructions: The Department is interested in land use actions that may result in the creation of physical hazards to air navigation in the state generally and those actions that may result in obstructions to airspace in the vicinity of public use airports. Areas of interest generally include (1) areas within 5,000 feet of the runway of a visual approach airport; (2) areas within 10,000 feet of an instrument approach airport, (3) areas designated by an Airport Master Plan, and (4) any construction of more than 200 feet in height above the ground level. The objective is to identify potential obstructions that may penetrate Title 14 CFR Part 77 – Imaginary Surfaces. Actions that involve Development in Runway Protection Zones and Approach Safety Zones of Public Use Airports: The Department is interested in all proposed development in airport runway protection zones. The Department is interested in all actions that affect the densities of development in approach and transitional safety zones including building population densities, coverage densities and overall densities. Areas of interest are identified in Airport Master Plans, Title 14 CFR Part 77 – Imaginary Surfaces and both the FAA’s and ODA’s Land Use Compatibility documents. COORDINATION WITH COMPREHENSIVE PLAN IMPLEMENTATION ODA shall use the following process to coordinate with local governments on the plan implementation actions:

1. ODA shall periodically provide all cities and counties with the names and addresses of people in the Department who should be notified regarding all land use actions and building permits of interest to the Department. Interests of land use actions and building permits include not only state owned airports, but any public use airport within the state.

2. ODA shall respond to local notices within the time prescribed in the notice. The Department shall identify concerns and relate them to comprehensive plan and ordinance requirements. All Divisions of the Department shall coordinate to assure consistency in the Department's comments.

3. ODA shall advise local governments on what factual information is needed to address its concerns and may assist in providing needed information within the limits of its resources. ODA may also comment on the adequacy of factual information supplied by applicants.

4. ODA shall offer to meet with planning officials and applicants in instances where there are significant conflicts.

5. ODA may pursue the following actions where local actions conflict with ODA plans and programs:

a. Meet with planning officials and applicants and participate in the local decision-making process;

b. Request informal mediation by the Department of Land Conservation and Development; and

c. Appeal the decision. COORDINATION WITH COMPREHENSIVE PLAN AMENDMENTS ODA shall use the following process to coordinate with local governments on the plan amendment actions: 1. ODA shall periodically provide all cities and counties with the names and addresses of people in

the Department who should be notified regarding plan amendments of interest to the Department.

2. If timely notice has been received, ODA shall respond to proposed plan amendments prior to the public first hearing. If not, ODA may ask for an extension of time to review the proposal. ODA shall identify its concerns and relate them to applicable ordinance requirements, plan policies and statewide goal requirements. All Divisions of the Department shall coordinate internally and have one point contact to assure consistency in the Department's comments.

3. If the Department has concerns about a proposed plan amendment, it shall identify applicable transportation plans and advise local governments on what factual information is needed to address its concerns. The Department may assist in providing needed information within the limits of its resources. ODA may also comment on the adequacy of factual information supplied by applicants.

4. ODA may pursue the following actions where local actions conflict with ODA plans and programs:

a. Meet with planning officials and applicants and participate in the local planning process;

b. Request informal mediation by the Department of Land Conservation and Development; and

c. Appeal the decision. INCORPORATION OF ODA PLANS AND PROGRAMS INTO COMPREHENSIVE PLANS AND PARTICIPATION IN PERIODIC REVIEW ODA shall work to the extent possible to incorporate its plans and programs into comprehensive plans in the following ways: 1. ODA shall request that affected cities and counties incorporate relevant portions of the Airport

Land Use Compatibility Guidebook and Airport Master Plan or Airport Layout Plan adopted by the Department into their comprehensive plans. ODA shall assist local governments with the amendments.

2. As an early step in the project planning process for Class 1 and Class 3 projects, ODA shall request that the affected local governments amend their comprehensive plans and land use regulations to make them consistent with applicable Airport Master Plan or Airport Layout Plan.

3. ODA shall work with cities and counties during periodic review to incorporate its plans into local comprehensive plans.

PERIODIC REVIEW AND COORDINATION WITH LOCAL PUBLIC FACILITY PLANNING Most of the Department's coordination with local public facility planning will occur during periodic review. Therefore the procedures for carrying out such coordination have been combined with periodic review procedures. If a city or county adopts or amends a public facilities plan independent of periodic review, the Department shall follow the procedures for coordinating with plan amendments combined with relevant portions of the procedures listed below. 1. The Department shall notify the Department of Land Conservation and Development when it

adopts or amends an Airport Master Plan and Airport Layout Plan, and shall request that DLCD identity these plans in periodic review notices.

2. After the Department receives notice of a city or county periodic review, it shall notify the city or county of Department plans that have been adopted pursuant to ORS 835.015 since acknowledgement of the local comprehensive plan. The Department shall also identify substantial changes in circumstances related to statewide aviation that should be addressed during the local government's periodic review.

3. The Department shall provide the city or county with inventory information on state facilities that need to be included in the public facilities plan. This information may include modal systems plans, facility plans, capital improvements programs, project plans and relevant data.

4. The Department shall assist the city or county, to the extent that resources allow, in their preparation of the portion of the public facilities plan that affects statewide Airport Master Plans or Airport Layout Plans. The Department may also work with the city or county and the Economic Development Department to identify potential sources of funding to carry airside and landside projects identified in the Airport Master Plans or Airport Layout Plans.

5. The Department shall request to be furnished drafts of the public facilities plan and other portions of the periodic review to ensure compatibility with adopted plans pursuant to ORS

835.015.

6. The Department shall notify the city or county of any concerns about possible conflicts with its plans and programs prior to the first local public hearing of which it receives timely notice. The Department has the following interest in addition to those listed at the beginning of this chapter:

a. Airport Master Plans and Airport Layout Plans include relevant portions of adopted regional transportation plans, facilities plans, and project plans.

b. State facilities or improvements not be proposed to provide services that are contrary to their functions as set forth in the Airport Master Plans or Airport Layout Plans.

c. Proposed improvements to state facilities be consistent with Airport Master Plans or Airport Layout Plans.

d. Improvements identified in the Department's capital improvements programs that are compatible with the acknowledged comprehensive plan be identified in the Airport Master Plans or Airport Layout Plans.

e. Airport Master Plans or Airport Layout Plans identify facilities needed to serve commercially and industrially planned areas at state airports.

7. The Department shall offer to meet with local planning officials in order to resolve conflicts. The Department may also request assistance from the Department of Land Conservation and Development to mediate conflicts.

8. The Department shall notify the Department of Land Conservation and Development of conflicts that remain after a city or county has adopted its final periodic review order.

LOCAL GOVERNMENT RELIANCE ON ODA AIRPORT MASTER PLANS and AIRPORT LAYOUT PLANS ODA encourages local governments to adopt relevant portions of the Department's Airport Planning Rule and Land Use Compatibility Guidebook in order to comply with applicable provisions of Goal 12 pursuant to OAR 660-13. TECHNICAL ASSISTANCE The Department has a long history of providing technical assistance to cities and counties. The Department's many programs are listed in earlier chapters. The Department will provide technical assistance to local governments on public facility funding, local public facility plans, permit issuance and economic development as required by ORS 197.712(2)(f) and 197.717(1) and (2). The Department recognizes that providing technical assistance will assist it in meeting its goals, and therefore will strive to meet the needs of cities and counties to the extent that its resources allow.

CHAPTER 6

COORDINATION WITH AGENCIES AND SPECIAL DISTRICTS

COORDINATION WITH THE DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT The Department's primary areas of coordination with the Department of Land Conservation and Development (DLCD) involve the Department's planning program, city and county plan amendments, and periodic review. The Department may also coordinate with DLCD to help resolve issues of compliance with the statewide planning goals and compatibility with acknowledged comprehensive plans for any of its land use programs. Coordination procedures are described in previous chapters. COORDINATION WITH STATE AND FEDERAL AGENCIES AND SPECIAL DISTRICTS The Department coordinates with an extensive list of state and federal agencies as it develops Airport Master Plans, Airport Layout Plans or Airport Capital Improvement Project plans. The greatest degree of coordination occurs for Class 1 and Class 3 projects. The Department notifies potentially interested agencies through the state clearinghouse and through its own notification process. Agencies that may be notified include: STATE AGENCIES: Department of Land Conservation and Development Department of Environmental Quality Department of Energy Economic Development Department Business Oregon FEDERAL AGENCIES: Federal Aviation Administration US Department of Transportation US Customs Enforcement INTERAGENCY COORDINATION CONTACT FOR LAND USE Chapter 7 identifies the persons in the Department who should be contacted under various circumstances.

CHAPTER 7

ORGANIZATION OF ODA PLANNING COORDINATION PROGRAM

ORGANIZATION OF THE PROGRAM Overall Description The Department is reestablishing a strong outreach component through its Project and Planning Division. This Division is responsible for managing the program throughout the state of Oregon and coordinates with local governments on land use matters affecting the airports throughout the State; this includes state owned and non-state owned facilities. This is the level where most of the program will be implemented. The Project and Planning Division of the Department of Aviation provides central coordination of the program as well as technical assistance and land use coordination for aviation in the State. Following are descriptions of organizational responsibilities. Project and Planning Division The State Aviation Board and the Director of the Department of Aviation has overall responsibility for ODA's coordination program. The Planning and Project Division reporting to the Director will be responsible for carrying out coordination, technical assistance and land use coordination for the program. The Project and Planning Division works closely with the State Airports Manager, Department Director and other airport sponsors throughout the State to assure that the objectives of this Division is carried out. Responsibilities of the Division include but not limited to: 1. Coordinating and recommending the development of land use policy for the Department to the

Director and the State Aviation Board to maintain consistency throughout the State and for all airports.

2. Maintaining and amending the Department's state agency coordination program and interpreting Department compliance and compatibility procedures; assuring that all Divisions of the Department and local jurisdictions carry out their land use programs in accordance with the Department's state agency coordination program, Oregon Revised Statute (ORS) and Oregon Administrative Rules (OAR).

3. Developing findings when the Department must act incompatibly in order to fulfill a statutory obligation.

4. Coordinating land use policy for the Department with the Department of Land Conservation and Development.

5. Coordinating periodic review responses with the Department of Land Conservation and Development.

6. Requesting informal mediation and formal compatibility determination by the Land Conservation and Development Board.

7. Providing the technical resources needed in responding to planning issues.

8. Developing guidelines, model comprehensive plan policies and land use ordinances.

Title 3 - REVENUE AND FINANCE

Chapters:

Chapter 3.04 - CONTRACTS AND COMPETITIVE BIDDING

Sections:

3.04.010 - Contract review board.

The Aurora city council is designated as the local contract review board and relative to contract concerns of this city shall have all the powers granted to the State Public Contract Review Board.

(Ord. 240 § 1, 1976)

3.04.020 - Administrative rules adopted by reference.

A. The Model Public Contract Rules prepared by the state Attorney General are rejected.

B. The administrative rules for the local contract review board, attached to the ordinance codified in this section as Exhibit B, are adopted by the city council acting as the official governing body of the city and in its capacity as the local contract review board and will be available for public inspection at the office of the city recorder.

(Ord. 426 § 4, 2003; Ord. 400 §§ 1, 2, 2000)

3.04.030 - Definitions.

The following words and phrases shall mean:

Board means the local contract review board as established in Section 3.04.010.

Public contract means any purchase, lease or sale by the Aurora city council of personal property, public improvements or services other than agreements which are exclusively for personal service.

Public improvement means any construction of improvements on real property by or for the city.

(Ord. 240 § 2, 1976)

3.04.040 - Competitive bids—Exemptions.

A. All contracts shall be based upon competitive bids except:

1. Contracts made with, or the cost of which is provided by, other public agencies or the federal government;

2. Contracts for any purchase the amount of which are two thousand dollars ($2,000.00) or less;

3. Contracts for any item which is available only through one company, firm or individual;

4. In any case where the interest or property of the city probably would suffer material injury by delay or would he materially benefited by immediate purchase or contract;

5. And including the other exemptions listed in ORS 279.015(1).

B. The contract review board may by resolution exempt other contracts from competitive bidding if it finds:

1. The lack of bids will not result in favoritism or substantially diminish competition in awarding the contract; and

2. The exemption will result in substantial cost savings. In making such finding, the board may consider the type, cost, amount of the contract, number of persons available to bid, and such other factors as the board may deem appropriate.

(Ord. 426 § 3(A), (B), 2003; Ord. 240 § 3, 1976)

3.04.050 - Emergency contracts.

A contract may also be exempted from competitive bidding if the board, by unanimous vote, determines that emergency conditions require prompt execution of the contract. A determination of such an emergency shall be entered into the record of the meeting at which the determination was made.

(Ord. 240 § 4, 1976)

3.04.060 - Brand name specification in contracts.

A. Specifications for contracts shall not require any product by any brand name or mark, nor the product of any particular manufacturer or seller, unless the product is exempted from this requirement by the board under this section. However, this section shall not be construed to prevent reference in the specification to a particular product as a description of the type of item required.

B. The board may by resolution exempt certain products or classes of products upon any of the following findings:

1. It is unlikely that such exemption will encourage favoritism in the awarding of the contract or substantially diminish competition.

2. The specification of a product by brand name or mark, or the product of a particular manufacturer or seller, would result in substantial cost savings.

3. There is only one manufacturer or seller of the product of the quality required.

4. Efficient utilization of existing equipment or supplies require the acquisition of compatible equipment or supplies.

(Ord. 240 § 5, 1976)

3.04.070 - Bid rejection.

The Aurora city council or an official designated by the Aurora city council may reject any bid not in compliance with all prescribed public bidding procedures and requirements and may reject all bids if it is in the public interest to do so.

(Ord. 240 § 6, 1976)

3.04.080 - Bidder disqualification.

The Aurora city council or an official designated by the Aurora city council may disqualify any person as a bidder on a contract if:

A. The person does not have sufficient financial ability to perform the contract. Evidence that the person can acquire a surety bond in the amount and type required shall be sufficient to establish financial ability;

B. The person does not have equipment available to perform the contract;

C. The person does not have personnel of sufficient experience to perform the contract; or

D. The person has repeatedly breached contractual obligations to public and private contracting agencies.

(Ord. 240 § 7, 1976)

3.04.090 - Appeal of disqualification.

A person who has been disqualified as a bidder may appeal such disqualification to the board as provided in this section:

A. The person shall, within three business days after receipt of notice of disqualification, in writing notify the Aurora city recorder that he or she wishes to appeal his or her disqualification.

B. Immediately upon receipt of such written notice of appeal, the Aurora city recorder shall inform the board.

C. Upon receipt of notice of appeal, the board shall notify the person appealing of the time and place of the hearing.

D. The board shall consider de novo the notice of disqualification, the record of the investigation made by the city administrator and/or the city's superintendent of public works or city engineer, and any evidence provided by the parties. The hearing shall be public and the appeal decided within thirty (30) days after receiving the notification. The board's decision and reasons therefor shall be in writing.

(Ord. 426 § 3(C), 2003; Ord. 240 § 8, 1976)

3.04.100 - Additional authority of the board.

In addition to the powers and duties established by this chapter, the board shall have such additional powers as authorized by state law and may also:

A. Require notice publication in addition to that required by state law;

B. Require prequalification for persons desiring to bid for public improvement contracts;

C. Grant exemptions from the bid security and performance bond required on contracts for public improvements;

D. Make alternate arrangements for retainage pursuant to ORS 279.435.

(Ord. 426 § 3(D), 2003; Ord. 240 § 9, 1976)

Chapter 3.08 - SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS

Sections:

3.08.010 - Definitions.

As used in this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the text, words in the present tense shall include the future, words in the plural number shall include the singular number, and the masculine includes the feminine. The word "shall" is always mandatory and not merely directory.

City means the city of Aurora, Marion County, Oregon.

Council means the city council for the city of Aurora, Oregon.

Liens means liens, assessments or installments of assessments, and includes any of those terms.

Local improvement means:

1. The grading, graveling, paving or other surfacing of any street, or opening, laying out, widening, extending, altering, changing the grade of or constructing any street;

2. The construction or reconstruction of sidewalks;

3. The installation of ornamental street lights;

4. The installation of underground wiring or related equipment;

5. The reconstruction or repair of any street improvement mentioned in this subsection;

6. The construction, reconstruction or repair of any sanitary or storm sewer or water main;

7. The acquisition, establishment, construction or reconstruction of any off-street motor vehicle parking facility;

8. The construction, reconstruction or repair of any flood control dike or dam;

9. The construction, reconstruction, installation and equipping of a park, playground or neighborhood recreation facility;

10. Any other local improvement for which an assessment may be made on the property specially benefited.

Lot means lot, block or parcel of land.

Owner means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete assessment roll in the office of the Marion County assessor.

Property benefited means all property specifically benefited by the improvement, the relative extent of such benefit to be determined by any just and reasonable method of apportionment of the total cost of the improvement among the properties determined to be specially benefited therefrom.

Real property may be described by giving the subdivision according to the U.S. Survey when coincident with the boundaries thereof, or by lots, blocks and addition names, or by giving the boundaries thereof by metes and bounds, or by reference to the book and page of any public record of the Marion County assessor, or by designation of Marion County assessor's tax account number. If the owner of any land is unknown such land may be assessed to "unknown owner" or "unknown owners." If the property is correctly described, no assessments shall be invalidated by a mistake in the name of the owner of the real property assessed, by the omission of the name of the owner or the entry of the name of the true owner.

Recorder means the auditor, recorder, clerk or other person or officer of a city serving as clerk of the city or performing the clerical work of the city.

(Ord. 343 § 1, 1991)

3.08.020 - Initiating improvements.

A. When the council considers it necessary to require that a local improvement be paid for in whole or in part by special assessment according to benefits conferred, the council may, by resolution, declare its intent to make the improvement and direct the city engineer to make a survey of the improvement and file a written report with the city recorder.

B. When the owners of two-thirds of the property that will benefit by a local improvement request by written petition that the council initiate an improvement, the council may by resolution declare its intent to make the requested improvement, and direct the city engineer to make a survey of the improvement and file a written report with the city recorder.

(Ord. 343 § 2, 1991)

3.08.030 - Petitioner bond.

If an improvement is initiated by petition of the property owners, the council may require the petitioners to post a bond in the amount of five hundred dollars ($500.00), plus an additional amount sufficient to cover the cost of the city engineer's report.

(Ord. 343 § 3, 1991)

3.08.040 - Engineer's report.

Unless the council directs otherwise, the city engineer's report, or the report of a private engineer, hired by the property owners, which private engineer's report has been approved by the city engineer, shall contain the following:

A. A map or plat showing the general nature, location and extent of the proposed improvement, and the land to be assessed for any part of the cost;

B. Plans, specifications and estimates of the work to be done. When the proposed project is to be carried out in cooperation with another governmental agency, the plans, specifications and estimates of that agency may be adopted;

C. An estimate of the cost of the improvement, including legal, administrative, engineering and other overhead costs, and an estimate of the cost to the city which is not assessable to properties;

D. An estimate of the unit cost of the improvement to each property benefited, as per method to be used, (i.e., per square foot, per front foot, etc.);

E. A recommendation as to the method of assessment to be used to arrive at a fair apportionment of the whole or any portion of the cost of the improvement to benefited properties;

F. A description of each lot, parcel or portion of a lot or parcel to be benefited, with the names of the record owners and, when readily available, names of any contract purchasers, as shown on the books and records of the Marion County tax assessor. It shall be sufficient to use the tax account number assigned to the property by the Marion County tax assessor, or the book and page designations as shown on the books and records of the Marion County clerk;

G. If the improvement is initiated by petition, the percentage of benefited properties that are represented on petitions by owners who favor the improvement;

H. A recommendation regarding the rate of interest, not to exceed ten (10) percent per annum, to be paid on assessments payable in installments;

I. Such further information as requested by council.

(Ord. 343 § 4, 1991)

3.08.050 - Action on engineer's report.

Upon review of the city engineer's report, the council may, by motion, approve the report with or without modifications, require additional information about the improvement, or abandon the improvement.

(Ord. 343 § 5, 1991)

3.08.060 - Resolution and notice of hearing.

After council has approved the city engineer's report as submitted or modified, the council shall, by resolution, declare its intent to make the improvement, and direct the city recorder to publish notice of the council's intention once a week for two consecutive weeks in a newspaper of general circulation within the city. Each owner of property benefited by the improvement shall also be notified by first-class mail. If an address of an owner or owners agent is unknown to the city recorder, the notice shall be mailed to the owner at the address of the property located within the city. Any mistake, error, omission or failure with respect to such mailing shall not be jurisdictional, and shall not invalidate the assessment proceedings. No foreclosure proceedings or legal action to collect the assessment to property where the owner is unknown may be initiated until such notice is personally served upon the owner, or by publication of foreclosure for two successive weeks in a newspaper of general circulation within the city. The notice of hearing shall contain the following:

A. That the report of the city engineer is on file in the office of the city recorder and is subject to public examination;

B. That the council will hold a public hearing on the proposed improvement on a specified date, which shall be not less than ten (10) days after the first publication of the notice, at which objections and remonstrance's to the improvement will be heard; and that if prior to or at the hearing there are written remonstrance's from the owners of sixty-seven (67) percent of the property to be benefited by the improvement, the improvement will be abandoned for not less than six months, except for a sidewalk improvement or except for an improvement unanimously declared by the city council to be needed at once because of an emergency;

C. A description of the property to be benefited by the improvement, and owners of the property as shown on the books and records of the Marion County tax assessor. For the purposes of this subsection, it shall be sufficient to describe the property to be benefited by the tax account number(s) assigned to the property and used by the Marion County tax assessor, or the book and page designations shown on the books and records of the Marion County clerk;

D. The estimate of the unit cost of the improvement to the property benefited;

E. The estimate of the total cost of the improvement to be paid for by special assessments of benefited property;

F. That upon completion of the improvement, if the actual cost is found to be greater than the estimated cost, the council may make a deficit assessment for the additional cost. Notice of a public hearing to provide the opportunity for objections to the proportionate deficit assessments shall be mailed to the owners, and such objections shall be considered, and determination of the assessment against each particular lot, block or parcel of land shall be made as provided herein for the initial assessments, and the deficit assessments spread by ordinance.

(Ord. 426 § 5, 2003; Ord. 343 § 6, 1991)

3.08.070 - Public hearing.

After hearing the written remonstrances and oral objections of the owners of property to be benefited by the improvement, the council may, by resolution, at the time of the hearing or within sixty (60) days thereafter, order construction or abandonment of the improvement. If the improvement resolution is not

acted upon within sixty (60) days of the hearing, it shall be deemed abandoned. ;hn0; (Ord. 343 § 7, 1991)

3.08.080 - Manner of doing work.

The council may provide in the improvement resolution 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 thereof. To the extent required, contracts to perform improvements shall proceed in accordance with applicable public contract law.

(Ord. 343 § 8, 1991)

3.08.090 - Special hearing when low bid substantially exceeds engineer's estimate.

If the council finds, upon opening bids for the work of such improvement, that the lowest responsible bidder is fifteen (15) percent or more in excess of the engineer's estimate, it shall provide for holding a special meeting for the hearing of objections to the intent to proceed with the improvement on the basis of such bid, and shall direct the city recorder to publish one notice thereof in a newspaper of general circulation in the city. Notice shall state the purpose, date, time and place of the hearing. After the hearing, the council shall determine whether the bid shall be accepted or rejected.

(Ord. 343 § 9, 1991)

3.08.100 - Assessment ordinance.

When the council, after the aforesaid hearing or hearings, shall determine to proceed with the improvement, it shall pass an ordinance assessing the various lots, parcels, tracts of properties specially benefited thereby with their apportioned share of the cost of the improvement; provided, however, that the passage of such assessment ordinance may be delayed until the contract for the work is let, or the improvement is completed, and the total cost therefor is determined.

(Ord. 343 § 10, 1991)

3.08.110 - Notice of assessment.

A. Within ten (10) days after the adoption of the assessment ordinance, the city recorder shall send a notice of assessment to the owner of each assessed property by first-class mail, and shall publish the notice of assessment once a week for two consecutive weeks in a newspaper of general circulation within the city. The first publication of notice shall not be later than twenty (20) days after the date of the assessment ordinance.

B. The mailed and published notice of assessment shall include the names of the property owners, a description of the assessed property (by tax account number), the amount of the assessment, the date of the assessment ordinance, and the rate of interest to be charged on assessments paid in installments. The notice shall also state that the assessment may be paid in full, without interest, within ten (10) days after the first publication of notice, and that if the assessment is not paid in full within that time, interest will accrue from the eleventh day after the date of the first publication of notice, until paid. The notice shall also state that the property will be subject to foreclosure unless the owner either pays the assessment in full, or makes application to pay the assessment in installments, within ten (10) days from the date of the first publication of notice. The notice mailed to owners of assessed property shall include an application for paying the assessment in installments.

(Ord. 343 § 11, 1991)

3.08.120 - Method of assessment—Alternative methods of financing.

When adopting a method of assessment of the costs of the improvement, the council may:

A. Use any just and reasonable method of determining the extent of any improvement district consistent with the benefits derived;

B. Use any method of apportioning the sum to be assessed that is just and reasonable between the properties to be specially benefited;

C. Authorize payment by the city of all, or any part of the cost of any such improvement, when in the opinion of the council, on account of topographical or physical conditions, unusual or excessive public travel or other character of the work involved, or when the council otherwise believes the situation warrants it; provided the method selected created a reasonable relation between the benefits derived by the properties specially assessed and the benefits derived by the city as a whole.

Nothing herein contained shall preclude the council from using other available means of financing improvements, including federal, state or county grants-in-aid, general obligation bonds, or other legal means of finance. In the event any of such other means of finance are used, the council may, in its discretion, levy special assessments hereunder according to benefits derived to cover any part of the costs of the improvement not covered by such means.

(Ord. 343 § 12, 1991)

3.08.130 - Lien recording—Foreclosure.

Upon the passage of the assessment ordinance, all assessments shall be a lien upon each real property assessed, and the assessment shall be entered in the city lien docket. Assessment liens shall be in favor of the city, and have priority over all other liens and encumbrances whatsoever.

A. Lien Docket. The city recorder shall enter in the lien docket a statement of the amounts assessed upon each particular lot, parcel of land, or portion thereof, a description of the improvement, the names of the owners and the date of the assessment ordinance.

B. Lien Payment. The lien shall be considered delinquent if not paid in full, or placed on an installment basis, within thirty (30) days after the date of the assessment ordinance. If the owner neglects or refuses to pay an installment when it becomes due or payable, the council may declare, by motion, the owner to be in default, and may declare the whole sum, both principal and interest, due and payable.

C. Foreclosure. If the sum assessed upon any land is not wholly paid within thirty (30) days of the date of the assessment ordinance, or application for installment payments granted, or a property declared to be in default, the city may foreclose or enforce collection of assessment liens in the manner provided by ORS 223.505 et seq. If no bid is received for the sale of the property, the city may purchase the property by bidding therefore the amount of the lien(s) and the cost of advertising and sale, as provided in ORS 223.545.

(Ord. 343 § 13, 1991)

3.08.140 - Errors in assessment calculations.

Claimed errors in the calculation of assessments shall be called to the attention of the city recorder, who shall determine whether there has been an error in fact. If the city recorder finds that there has been an error in fact, he or she shall recommend to the council an amendment to the assessment ordinance to correct the error. Upon enactment of the amendment, the recorder shall make the necessary correction in the lien docket and send a corrected notice of assessment to affected owners by certified mail.

(Ord. 343 § 14, 1991)

3.08.150 - Deficit assessment.

If an assessment is made before the total cost of the improvement is ascertained, or on the basis of erroneous information, and if the amount of the assessment is insufficient to defray the expenses of the improvement, the council may, by motion, declare the deficit and prepare a proposed supplemental assessment by ordinance. The procedure for the adoption of a supplemental assessment shall be identical to that for an original assessment, as provided herein.

(Ord. 343 § 15, 1991)

3.08.160 - Rebates.

If, upon completion of the improvement project, the assessment previously levied is found to be more than sufficient to pay the cost of the improvement, 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 the assessment has been paid, the person who paid it, or his or her legal representative, shall be entitled to payment of the rebate credit.

(Ord. 343 § 16, 1991)

3.08.170 - Abandonment of proceedings.

The council shall have full power and authority to abandon and rescind proceedings for improvements hereunder at any time prior to the final consummation of such proceedings, and if liens have been assessed upon any property under this chapter or pursuant to the provisions hereof, they shall be cancelled, and any payments made thereon shall be refunded to the payor, his or her assigns or legal representatives.

(Ord. 343 § 17, 1991)

3.08.180 - Curative provisions.

No improvement assessment shall be invalid by reason of a failure to give in any report pertaining to the proposed public improvement or the proposed assessment or by reason of a failure to insert in the assessment ordinance or ordinance or in the lien docket or elsewhere in the proceedings the name of the owner of any lot, tract or parcel of land or part thereof, or the name of any person having a lien upon or interest in such property or by reason of any error, mistake, delay, omission, irregularity or other act, jurisdictional or otherwise, in any of the proceedings or steps herein above specified, unless it appears that the assessment as made insofar as it affects the person complaining, is unfair and unjust, and in such event the council shall have the power and authority to remedy and correct all such matters by suitable actions and proceedings.

(Ord. 343 § 18, 1991)

3.08.190 - Reassessment.

Whenever an assessment, deficit assessment or reassessment for any improvement which has been or may be hereafter made by the city, has been or shall be hereafter set aside, annulled, declared or rendered void or its enforcement refuted by any court of this state or any federal court having jurisdiction thereof whether directly or by virtue of any decision of such court or when the council shall be in doubt as

to the validity of such assessment, deficit assessment or reassessment or any part thereof, the council may make a new assessment or reassessment in accordance with the provisions of ORS 223.405 et seq.

(Ord. 343 § 19, 1991)

Chapter 3.10 – ADVANCE FINANCING OF PUBLIC IMPROVEMENTS

3.10.010 – Definitions

The following are definitions for the purposes of this chapter and for the purposes of any advance financing agreement entered into pursuant to this chapter and for any actions taken as authorized pursuant to this chapter or otherwise:

“Advance finance agreement” means an agreement between a developer and the city, as authorized by the city council, and executed by the CITY MANAGER (RECORDER? MAYOR?) , which agreement provides for the installation of and payment for advance financed public improvements and which agreement contains improvement guarantees, provisions for reimbursement by the benefiting property owners who may eventually utilize such improvement, inspection guarantees, and the like, as determined in the best interest of the public by the city council.

“Advance financing” means a developer’s or the city’s payment for the installation of one or more public improvements installed pursuant to this chapter which benefiting property owners may utilize upon reimbursing a proportional share of the cost of such improvement.

“Advance financing resolution” means a resolution passed by the city council and executed by the CITY MANAGER (RECORDER? MAYOR?) designating a public improvement to be an advance finance public improvement and containing provisions for financial reimbursement by benefiting property owners who eventually utilize the improvement and such other provisions as determined in the best interest of the public by the city council.

“Benefiting property” means the real property benefiting from an advance financed public improvement.

“City” means the city of Aurora.

“City council” means the city council of Aurora.

“Developer” means the city, another municipal corporation, an individual, a partnership, a joint venture, a corporation, a sub-divider, a partitioner of land or any other entity, without limitation, who will bear, under the terms of this chapter, the expense of construction, purchase, installation or other creation of a public improvement.

“Development” means that real property being developed by the developer and for which property the advance financing resolution is passed.

Comment [mc1]: I am not sure this needs to be specified it requires approval by Council who cares who signs it but if you leave it in, I would say Mayor.

“Owner” means the fee holder of record of the legal title to the real property in question. Where such real property is being purchased under a recorded land sales contract, then such purchasers shall also be deemed owners.

“Public improvement” means the following:

1. The construction, reconstruction or upgrading of any water, sanitary, sewer or storm sewer system improvements;

2. The grading, graveling, paving or other surfacing of any street, or opening, laying out, widening, extending, altering, and changing the grade for construction of any street;

3. The construction or reconstruction of sidewalks.

3.10.020-Receipt of application.

The city council will receive application for advance financing from developers, which applications shall be submitted to the CITY RECORDER?) and shall be accompanied by a fee set by resolution by the city council. The fee will be applied against the cost of administrative analysis of the proposed advance financing project, for the cost of notifying the property owners, and for recording costs and the like. When the city is the developer, the city council shall by motion direct the city manager to submit the application without fee.

3.10.030-Utility analysis.

Upon receive of the advance financing application, the city recorder (FINANCE OFFICER?) shall make an analysis of the advance financing proposal and shall prepare a report to be submitted to the city council for review, discussion and public hearing. Such report shall include a map showing the location and front footage of the development and intervening property. The report shall also include the city’s estimate of the total cost of the advance financed public improvement.

3.10.040-Public hearing.

Within a reasonable time after the city recorder (FINANCE OFFICER?) has completed his analysis, an informational public hearing shall be held in which all parties and the general public shall be given the opportunity to express their views and ask questions pertaining to the proposed advance financed public improvement. Since advance financed public improvements do not give rise to assessments, the public hearing is for information purposes only, and is not subject to mandatory termination due to remonstrances. The city council has the sole discretion after the public hearing to decide whether or not an advance financing resolution shall be passed.

3.10.050-Notification.

Not less than ten nor more than thirty days prior to any public hearing being held pursuant to this chapter, the developer and all benefiting property owners shall be notified of such hearing and the purpose therof. Such notification shall be accomplished by mail, notice shall be made on the date that

Comment [mc2]: I think this should be City Engineer and Public Works

Comment [mc3]: I think this should be City Engineer and Public Works

the letter of notification is posted. Failure of any owner to be so notified shall not invalidate or otherwise affect any advance financing resolution or the city council’s action to approve or not approve the same.

3.10.060-Advance financing resolutions and agreements.

After the public hearing, held pursuant to section 3.10.040, if the city council desires to proceed with advance financed public improvements, it shall pass an advance financing resolution accordingly. The resolution shall designate the proposed improvement as an advance financed improvement and provide for advance finance reimbursement by benefiting property owners pursuant to this chapter. When the developer is other than the city, the advance financing resolution shall instruct the mayor? Recorder? to enter into an agreement between the developer and the city pertaining to the advance financed improvement, and may, in such agreement, require such guarantee or guarantees as the city deems best to protect the public and benefiting property owners, and may make such other provisions as the city council determines necessary and proper.

3.10.070-Advance finance reimbursement.

A. Advance Financed Reimbursement Imposed. An advance financed reimbursement is imposed on all benefiting property owners at such time as the owners apply for connection to advance financed water, sanitary sewer and storm sewer, improvements or connect to and use advance financed street and sidewalk improvements.

B. Rates.

a. The benefiting property owners shall pay advance financed reimbursement calculated as follows:

b. The total actual cost of the advance financed public improvement, increased by nine percent annual simple interest, or such other percentage that the city council may, from time to time, set by resolution, multiplied by a percentage of front footage owned by the benefiting property owner of the total front footage of the advance financed public improvement, or by such other methodology as is approved by the city council. Future interest rate charges shall not apply ex post facto to previously executed reimbursement agreements.

c. Advance financing reimbursements for odd-shaped lots shall be individually established and consistent with the benefit received by the lot and the reimbursement required of other lots in the area. If inequities are created through the strict implementation of the above formulas, the city council may modify its impact on a case-by-case basis.

C. Collection. The advance financed reimbursement is immediately due and payable by the benefiting property owners upon their application for connection to an advance financed water, sanitary sewer or storm sewer system or their connection and use of advance financed street and sidewalk improvements. If connection is made without the above-mentioned permits, then the advance financed reimbursement is immediately due and payable upon the earliest date that any such permit was required, or in the case of advance financed and street and sidewalk improvements, when connection and use is commenced. No

Comment [mc4]: Mayor

permit for connection shall be issued until the advance financed reimbursement is paid in full. Whenever the full and correct advance financed reimbursement has not been paid and collected for any reason, the city recorder shall report to the city council the amount of the uncollected reimbursement, the description of the real property to which the reimbursement was due and the name or names of the benefiting property owners. The city council, by motion, shall then set a public hearing and shall direct the city recorder to give notice of that hearing to each of those benefiting property owners, together with a copy of the city recorder’s report concerning the unpaid reimbursement, either in person or by certified mail. Upon public hearing, the city council may accept, reject or modify the city recorder’s report; and if it finds that any reimbursement is unpaid and uncollected, the city council, by motion, may direct the city recorder to docket the unpaid and uncollected reimbursement in the city record of liens; and upon completion of the docketing, the city shall have a lien against the described land for reimbursements, interest and the city’s actual cost of serving notice upon the benefiting property owners. The lien shall be enforced in the manner provided by Oregon Revised Statutes Chapter 223.

3.10.080-Disposition of advance financed reimbursements.

Developers who have an advance financed agreement with the city shall receive the advance financed reimbursements collected by the city pertaining to their advance financed public improvements. Such reimbursements shall be delivered to the developer for a period of twenty years from and after the date the applicable advance financing agreement has been executed. Such payments will be made by the city within ninety days of receipt of the advance financed reimbursements. The city shall incur no liability for its failutre to remit advance financed reimbursements pursuant to the requirements of this section.

3.10.090-Recording.

All advance financing resolutions shall be recorded by the city in the deed records of Marion County, Oregon. Such resolutions shall identify the legal description of the development and benefiting properties. Failure to make such recording shall not affect the legality of an advance financing resolution or agreement.

3.10.100-Public improvements.

Public improvements installed pursuant to advance financing agreement shall become and remain the sole property of the city pursuant to the advance financing agreement.

3.10.110-Multiple public improvements.

More than one public improvement may be the subject of an advance financing agreement or resolution.

3.10.120-Advance financed reimbursements on public improvements funded by the city.

In the event the city is the developer for the construction at its own expense of public improvements for which advance financing reimbursements are permissible pursuant to this chapter, the city hall, pursuant to the direction of the city council, authorize advance financing agreements which include terms at

Comment [mc5]: I like City Recorder for this section

variance with the terms otherwise required by this chapter. The city council may authorize lower interest rates, may permit installment payments and may extend the time period during which advance financed reimbursements may be required.