HomeMy WebLinkAboutPlanning Commission Packet - March 21, 2000r
CITY OF CENTRAL POINT
PLANNING COMMISSION AGENDA
March 21, 2000 - 7:00 p.m.
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Next Planning Commission
Resolution No. 480
I. MEETING CALLED TO ORDER
II. ROLL CALL
City Planning
Chuck Piland -Candy Fish, Don Foster, Karolyne Johnson, John LeGros,
Paul Lunte and Wayne Riggs
III. CORRESPONDENCE
IV. PUBLIC APPEARANCES
V. BUSINESS
A. Study session to review changes to the Central Point Municipal Code as they
pertain to the Zoning Ordinance.
VI. MISCELLANEOUS
VII. ADJOURNMENT
PLANNING DEPARTMENT MEMORANDUM
MEETING DATE: March 21, 2000
TO: Central Point Planning Commission
FROM: Tom Humphrey, AICP
Planning Director
SUBJECT: Study session to review changes the Central Point Municipal Code as they
pertain to the Zoning Ordinance.
During the last few years, the Planning Commission and the City Council have commented on
insufficiencies or omissions within the Municipal Code. The Building, Public Works and
Planning Departments have noted the areas of concern and have been working to update or create
new ordinances that pertain to telecommunications facilities, trees and landscape buffering.
The planning packet is filled with drag form documentation that is designed to allow
modification by the Planning Commission. Please feel free to make changes as needed.
Once the Commission is comfortable with the product, a recommendation can be made to the
City Council.
Telecommunications Facilities
With rapid popularity and convenience, an increasing number of people are using cell phones.
The rise of cell phone use has resulted in the construction of additional telecommunications
facilities across the Rogue Valley, typically along the I-5 comdor. Central Point has been spared
of a tower application up until now since John's Peak has handled much of the
"wireless"demand.
Under current City regulations a tower could be placed in any zoning district as provided it met
the maximum height requirement for the respective zoning district. Residential zones have a
maximum height of 35 feet and industrial zones have the largest permitted height of 60 feet.
Telecommunications companies can produce antenna structures that function at lower heights but
the cost and minimum number of devices are costly. The traditional towers need a minimum
height of approximately 80 feet to provide an adequate coverage area at a minimal cost. The
increased tower height creates friction between surrounding neighbors and the
telecommunications provider and traditionally has ended up with litigation in court.
The Telecommunications Act of 1996 was enacted by Congress as a means of providing
telecommunications services to the public without undue discrimination to telecommunication
companies. The Act requires that municipalities "back up" a local decision with legal defendable
findings if a telecommunications facility is denied.
Cities cannot deny a telecommunications facility simply based upon it's existence or for health
reasons related to Electro Magnetic Radiation (EMR).
A reasonable and sound telecommunications ordinance can protect the interest of the public and
telecommunications company by establishing locations where the facilities are permitted and
how they may be aesthetically constructed to minimize visual impact on surrounding properties.
The proposed telecommunications ordinance for Central Point (Attachment A) was adapted
from one adopted by cities near Portland. The document covers the telecommunications facilities
from conception to completion. Modifications to the current municipal code ensure that
telecommunications facilities receive equal and fair treatment in relation to other construction
activities in the City.
Tree Ordinance
The Planning Commission is well aware of the site plan review process and the requirement for
applications to include a landscaping plan. Unfortunately many of the site plans submitted don't
include enough information about trees, existing or proposed. When development occurs, old
trees are removed and seldom replaced unless a conscientious citizen plants them. Street trees
have also been removed and not replaced throughout Central Point, most notably along Pine
Street
A tree ordinance would provide a framework for tree planting and maintenance for all
development and open space management within the City of Central Point. The City of
McMinnville has provided a copy of their tree ordinance for review. The McMinnville ordinance
has been designed to regulate historic and public trees in street right of ways and on private
property only when public infrastructure damage is inevitable (Attachment B).
When looking at creating a tree ordinance, it will be important to identify who will be required to
adhere to the regulation. Does the City want to regulate every tree in Central Point or just street
trees? Would the City prefer that a minimum number of trees be planted on each lot in a new
development? If trees are required, what variety should be planted? Should the City continue to
use the recommended tree list?
Landscape and Sound Buffering
The City Council asked the City Administrator to create a buffer ordinance designed to mitigate
noise and visual impact between conflicting uses. As the City continues to increase in
population, there will be more residences in direct proximity of major roadways, railways and
commercial-industrial activities.
A successful barrier ordinance would provide an attractive, safe and cost efficient buffer between
residentially zoned land and other uses. The goal for creating an acceptable buffer ordinance to
find a reasonable product or design that mitigates the impact of the conflict without a cost that is
prohibitive to developers or prospective purchasers. Buffers can be established as walls, berms or
landscape hedge or a combination of each (Attachment C).
Sound walls are solid pillar structures that form a physical barrier between uses and offer the
largest degree of sound reduction but are also the most expensive to construct. The wall can be
made of concrete, wood, vinyl, or other materials and can add an additional cost of fifty thousand
dollars to a residential lot (Attachment ). Central Point has sound walls installed on Beall Lane
with the Jackson Creek Estates subdivision and along Interstate Five with the Forest Glen
Subdivision.
Berms are elongated piles of earthen material that are continuaous in manner and range from four
to eight feet in height. Berms cost less to construct than sound walls and provide a limited benefit
in noise reduction due to their reduced height in comparison to the wall. Higher berms can be
designed if a wider footing can be established. There is a berm constructed between the Central
Point East Subdivision and several industrial activities along Table Rock Road.
Landscape hedges are created when individual plants grow together to form a continuous
boundary. Examples of landscape hedges can be identified throughout the City. Hedges are
aesthetically pleasing but offer little or no reduction in noise levels. Landscape hedges require
semi-annual trimming if they are to be kept neat and serviceable.
It is possible to have a combination of berms, walls and landscaping that look and function well.
The downside for a combination unit is the cost for initial engineering/cbnstruction and the
continuous maintenance of the landscaping.
Consideration for sound wall and berms should include flood hazard areas where water could
"back up" during major storm events.
The buffer ordinance (Attachment D) will be the first of it's kind, since we couldn't find another
in our search of the Internet and staff resources.
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TELECOMMUNICATIONS INFRASTRUCTURE ORDINANCE
PURPOSE AND INTENT
REVISED
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Section 1. Purpose: The purpose and intent of this Ordinance is to:
aty o r eentr~l rout
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Planning Department
A: Comply with the provisions of the 1996 Telecommunications Act as they apply to local
governments, telecommunications carriers and the services those carriers offer;
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B: Promote competition on an competitively neutral basis in the~provision of
telecommunications services; '+~
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C: Encourage the provision of advanced and competitive~,tel mmunications services on the
widest possible basis to businesses, institutions and~residents of the rty;.~
D: Pemut and manage reasonable access to the pu lic 'ghts of fWaythte City for
telecommunications purposes on a compt; 'tivel eutral ba~~s and conserve the limited
physical capacity of those public rights o~w'ap held in tr .s~by the City;
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E: Assure that the City's current and~ngouig costs*of~gr' an~ing and regulating private access
to and the use of the public 'ghtsiif,~vay aze f~u~lly Cowmpensated by the persons seeking
such access and causing su cost's;
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F: Secure fair and reasonab~ie~compe 'on to tfie City and it's residents for pernutting
private use of the p lic 'ght of~way,
G: Assure ecommuni ns~earriers providing facilitiesand/or services within the
City, or ugh ester and comply with the ordinances, rules and
reg o~ e Cites
H: Assure'~that the Cry ,can~continue to fairly and responsibly protect the public health, safety
and welfare of it's citizens;
Enable the City to discharge its public trust consistent with the rapidly evolving federal
and state regulatory policies, industry competition and technological development.
Section 2. Jurisdiction and Management of the Public Rights of Way
A: The City has jurisdiction and exercises regulatory management over all public rights of
way within the City under authority of the City charter and state law.
B: Public rights of way include, but aze not limited to, streets, roads, highways, bridges,
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alleys, sidewalks, trails, paths, public easements and all other public ways or areas,
including the subsurface under and air space over these azeas.
C: The City has jurisdiction and exercises regulatory management over each public right of
way whether the City has a fee, easement, or other legal interest in the right of way. The
City has jurisdiction and regulatory management of each right of way whether the legal
interest in the right of way was obtained by grant, dedication, prescription, reservation,
condemnation, annexation, foreclosure or other means.
D: No person may occupy or encroach on a public right of way without the permission of the
City. The City grants permission to use rights of way by franchises andpermits.
E: The exercise of jurisdiction and regulatory management overreach public right of way by
the City is not official acceptance of the right of way, and does not obligate the City to
maintain or repair any part of the right of way. ~,
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F: The City retains the right and privilege to cut or move any telecommjnirications facilities
located within the public rights of way of the,O~ty, x.~ the City may determine to be
necessary, appropriate or useful in response to, a public healtfi or'safety emergency.
F~ E.
Section 3. Regulatory Fees and Compensation Not a Tax
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A: The fees and costs provided for this Ordinance,' and any compensation charged and
paid for use of the pub is rights~on'f way=,pro~,ided•for in this Ordinance, are separate from,
and in addition to, anyall federal; sta ~ local, and City chazges as may be levied,
imposed, or due fro[ a1 communt~ do carrier, its customers or subscribers, or on
account of the 1 e?~sal~, del've~gzor transmission of telecommunications services.
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B: The . Ty hternune~~ fee provided for by this Ordinance is not subject to the
proerty imitatid"~i's f~Article XI, Sections 11 and l lb of the Oregon Constitution.
Thes~fe~"s aze no~imposed on property or properly owners, and these fees are not new or
increased fees. °~~,;
C: The fees and costs provided for in this Ordinance aze subject to applicable federal and
state laws.
For the purpose of this Ordinance the following terms, phrases, words and their derivations shall
have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural number include the singulaz number and
words in the singular number include the plural number. The words "shall" and "will" aze
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mandatory and "may" is permissive. Words not defined herein shall be given the meaning set
forth in the Communications Policy Act of 1984, the Cable Television Consumer Protection and
Competition Act of 1992, and the Telecommunications Act of 1996. If not defined there, the
words shall be given their common and ordinary meaning.
Aboveground Facilities -see "Overhead Facilities"
Affiliated Interest- shall have the same meaning as ORS 759.010.
Cable Act- shall mean the Cable Communications Policy Act of 1884, 47 U.S.C. subsection 521,
et seq., as now and hereafter amended.
Cable Service- is to be defined consistent with federal laws and means the one-way transmission
to subscribers of video programming, or other programming service; and subscriber interaction,
if any, which is required for the selection or use of such video,progiatrming or,other
programming service. ~,
City- means the City of Central Point, an Oregon mumcrpal~corporahon~and'individuals
authorized to act on the City's behalf. ~ ~ `~?~; `
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City Council- means the elected governing body of the City, of°Genfral Point, Oregon
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Control or Controlling Interest- means actual working control in whatever manner exercised.
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City Property- means and inc udeslY al pxope,r~ty~o~vn~d by the City, other than public rights
of way and utility easements ose are defined herein, and all property held in a proprietary
capacity by the City, whit are of sub'ect tc~~g~it'~of way franchising as provided in this
Ordinance. a d
Conduit- means r~'~jure, or 'thereof, containing one or more ducts, conduits,
manholes, Iho tiolts, or cilities used for any telegraph, telephone, cable television,
electrical, o com~unica~ ns ductors, or cable right of way, owned or controlled, in whole or
in part, by one`br more publilities.
Construction- means any activity in the public rights of way resulting in physical change thereto,
including excavation or placement of structures, but excluding routine maintenance or repair of
existing facilities.
Days- means calendaz days unless otherwise specified.
Duct- means a single enclosed raceway for conductors or cable.
Emergency- has the meaning provided for in ORS 401.025.
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Federal Communication Commission or FCC- means the federal administrative agency, or it's
lawful successor, authorized to regulate and oversee telecommunications carriers, services and
providers on a national level.
Franchise- means an agreement between the City and a grantee which grants a privilege to use
public right of way and utility easements within the City for a dedicated purpose and for specific
compensation.
Grantee- means the person to which a franchise is granted by the City.
Oregon Public Utilities Commission or OPUC- means the statutorily created_state agency in
the State of Oregon responsible for licensing, regulation and administration of certain
telecommunications tamers as set forth in Oregon Law, or it's lawful.successor.
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Overhead or Aboveground Facilities- means utility poles, tt~hty faeilrties and,
telecommunication facilities above the surface of the ground, including the underground supports
and foundations for such facilities. s.. "~; f= '£~"
Person- means an individual, corporation, compan~~; ~s~bci4Va~tion, jot stock company or .
association, firm, partnership, or limited liability company.
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Private Telecommunication Network- means`a system,. rriclu~dmg the construction,
maintenance or operation of the system, fob the provisiybri `of~~a service or any portion of a service
which is owned or operated exclusively ~ a person ftor heir use and not for resale, directly or
indirectly. "Private telecommuiucatibns^'networ "fnc,~ludes services provided by the State of
Oregon pursuant to ORS 190.2O~and 283.1 0.
Public Rights of Way 'cud ,but of limited to, streets, roads, highways, bridges, alleys,
sidewalks, trails, atlk;,~blic ease d all other public ways or areas, including the
subsurface undc'~~a>r ace ov~i~ areas. This definition applies only to the extent of the
City's nigh e, ter st or au 'o o grant a franchise to occupy and use such areas for
telecomm 'catio3is facifi~ttes. ttblic rights of way" shall also include utility easements as
defined below."`' ~a.
State- means the State of Oregon.
Telecommunication- means the transmission between and among points specified by the user,
of information of the user's choosing, without change in the form or content of the information
as sent and received.
Telecommunications Act- means the Communications Policy Act of 1934, as amended by
subsequent enactments including the Telecommunications Act of 1996 (47 U.S.C. subsection
151 et seq.) and as hereafter amended.
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Telecommunications Carrier- means any provider of telecommunications services and includes
every person that directly or indirectly owns, controls, operates or manages telecommunications
facilities within the City.
Telecommunications Facilities- means the plant and equipment, other than customer premises
equipment, used by a telecommunications carrier to provide telecommunications services.
Telecommunications Service- means two-way switched access and transport of voice
communications but does not include: a) services provided by radio common. carrier; b) one-way
transmission of television signals; c) surveying; d) private telecommunicatons.networks; or e)
communications of the customer which takes place on the customer sideof on-premises
equipment. ~`~~ `"~
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Telecommunication System- see "Telecommunications Facflities""above.
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Telecommunication Utility- has the same meaning as
Underground Facilities- means utility and
surface of the ground, excluding the underg
facilities".
Usable Space- means all of the space on a;poie,
feet of safety cleazance above ground level, and
communications and power ciicuits~:'There is a:r
buried below ground level. ~,'~
Utility Easement- m airy~°as
established, dedi ,,te~,evoted
Utility Faeili~ies1~neans the p1,~
poles, pipes mvs , conditr"du~
above the sate of the ground~`~
for the purpose of providing utilit
59.005 (1) -~
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ns facilities located under the
or~aupports for "Overhead
below ground level, the 20
;space between
presumption that six feet of a pole is
to or owned by the City and acquired,
ty purposes.
;q{ripment and property, including but not limited to the
cable, wires, plant and equipment located under, on, or
in the public right of way of the City and used or to be used
or telecommunications services.
REGISTRATION OF TELECOMMUNICATIONS CARRIERS
Section 5. Purpose: The purpose of registration is:
A: To assure that all telecommunications carriers who have facilities and/or provide services
within the City comply with the ordinances, rules and regulations of the City.
B: To provide the City with accurate and current information concerning the telecommunications
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carriers who offer to provide telecommunications services within the City, or that own or operate
telecommunications facilities within the City.
C: To assist the City in the enforcement of this Ordinance and the collection of any city franchise
fees or charges that may be due the City.
Section 6. Registration Required: Except as provided in Section 8 hereof, all
telecommunications carriers having telecommunications facilities within the corporate limits of
the City, and all telecommunications carriers that offer or provide telecommunications service to
customer premises within the City, shall register. The appropriate application and license from:
a) the Oregon Public Utility Commission (PUC); or b) the Federal Communications Commission
(FCC) qualify as necessary registration information. Applicants havethe~opfion of providing the
following information:
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A. The identity and legal status of the registrant, including: the riaine, address, and telephone
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number of the duly authorized officer, agent, or employee_responsible foi•sthe accuracy of
the registration information. ~ ~„^'_
B. The name, address, and telephone nt
employee to be contacted in the case
C. A description of the registrant's
the City, a description of thestel~
construct, and a description~of t]
to offer or provide to pie rsorisafi
authorizeii:officer, agent or
ilecommunications facilities within
ties that the registrant intends to
service that the registrant intends
institutions within the City.
D. Information sufficie t t )determine ~i et er the transmission, origination or receipt of the
telecommumca on ces p~o_~ded, or to be provided by the registrant constitutes an
occupatio o n lege subjeeY~o ~yy business license requirements. A copy of the
business+l' ~ e i the li u$ber must be provided.
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Section 7. )4~egistzation tee FaL1~ application for registration as a telecommunications carrier
shall be accoihp~riied by aanonr~fundable registration fee in an amount to be determined by
resolution of the City Council'
Section 8. Exceptions to Registration: The following telecommunications carriers aze excepted
from registration:
A. Telecommunication carriers that aze owned and operated exclusively for it's own use by
the State or a political subdivision of this State.
B. A private telecommunications network. Provided that such network does not occupy any
public rights of way of the City.
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CONSTRUCTION STANDARDS
Section 9. General: No person shall commence or continue with the construction, installation or
operation of telecommunications facilities within a public right of way except as provided in
sections 12 through 28, and with alt applicable codes, rules, and regulations.
Section 10. Construction Codes: Telecommunications facilities shall be constructed, installed,
operated and maintained in accordance with all applicable federal, state and local codes, rules
and regulations including the National Electrical Code and the National Electrical Safety Code.
Section 11. Construction Permits: No person shall constructor install any telecommunications
facilities within the City of Central Point without first obtaining a construction permit, and
paying the construction permit fee established in section 15 of this Ordinance. No permit shall be
issued for the construction or installation of telecommunications facilities
A. Unless the telecommunications carrier has first fated a~iegistration statement with the City
pursuant to Sections 5 through 8 of this Ordinance,'and if applicable, ~,.:"
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B. Unless the telecommunications carrier has:first`app~lied for and ieceived a franchise
pursuant to Sections 29 through 46 of tlus~~rc~nance. ~' ~"
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C. Unless the telecommunications carri~rrlias satisfied'thearequirements of the Central Point
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Municipal Code. ~ _ '~;>~~~'r ~ ~t ~~-~
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Section 12. Permit Applications: ~Applications~'orr~p ermits to construct telecommunications
facilities shall be submitted u~ forms to p ovided'6y the City and shall be accompanied by
drawings, plans and specifi,~atr~ns m suffici t detail to demonstrate:
A. That the f cilwill be co in accordance with all applicable codes, rules and
regula6cso~ '~. ~ _
B. Tha :the fabilitiest~tt"ilI~benstructed in accordance with the franchise agreement.
C. The location and route of all facilities to be installed aboveground or on existing utility
poles.
D. The location and route of all new facilities on or in the public rights of way to be located
under the surface of the ground, including the line and grade proposed for the burial at all
points along the route which are within the public rights of way. Existing facilities shall
be differentiated on the plans from new construction.
E. The location of all of applicant's existing underground utilities, conduits, ducts, pipes,
mains and installations which are within the public rights of way along the underground
route proposed by the applicant. A cross section shall be provided showing new or
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existing facilities in relation to the street, curb, sidewalk or right of way.
F. The construction methods to be employed for protection of existing structures, fixtures
and facilities within or adjacent to the public rights of way, and description of any
proposes to temporarily or permanently remove or relocate.
Section 13. Applicant's Verification: All permit applications shall be accompanied by the
verification of a registered professional engineer, or other qualified and duly authorized
representative of the applicant, that the drawings, plans and specifications submitted with the
application comply with applicable technical codes, rules and regulations._ `'''.
Section 14. Construction Schedule: All permit applications shall be;accompanied by a written
construction schedule, which shall include a deadline for completion of construction. The
construction schedule is subject to approval by the Planning,~Butlding"and Public Works
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Departments. ~'~~; t
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Section 15. Construction Permit Fee: Unless
prior to issuance of a construction permit, the z
determined by resolution of the City Counc>l ;
city administration of the requirements of this4~
Section 16. Issuance of Permit:
comply with all requirements of
Building and Public Works Dej~i
facilities, subject to such furthei'~
theryvise provided in;a franchise agreement,
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~li6anf'Sha11 pay a permit fee in an amount to be
~h}fee~s shall be desi~ghed to defray the costs of
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finance.
the a~plcafions, plans and documents submitted
nd,the franchise agreement, the Planning,
~_ .~ .
~e;~a permit authorizing construction of the
rChons or regulations affecting the time, place
and manner of performing ~or`k as they d e~m~ecessary or appropriate.
Section 17. Notic,~ o~ struction• c~ t in the case of an emergency, the permittee shall
notify the Publit~ V~ epartme ~"'lt ess than two (2) working days in advance of any
excavation ~ rvs~rion in @ p~u_bli'c rights of way. Utility locates by the Oregon Utility
NotificatiorCente~ shallleted prior to notification of the Public Works Department.
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Section 18. Compliance with` Permit: All construction practices and activities shall be in
accordance with the permit and approved final plans and specifications for the facilities. The
Planning, Building and Public Works Departments and their representatives shall be provided
access to the work site and such further information as they may require to ensure compliance
with such requirements.
Section 19. Noncomplying Work: Subject to the notice requirements in Section 27, all work
which does not comply with the permit, the approved or corrected plans and specifications for
the work, or the requirements of this Ordinance, shall be removed at the sole expense of the
permittee .The City is authorized to stop work in order to assure compliance with the provision
of this Ordinance.
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Section 20. Completion of Construction: The permittee shall promptly complete all
construction activities so as to minimize disruption of the city's rights of way and other public
and private property. All construction work within city rights of way, including restoration, must
be completed within 120 days of the date of issuance of the construction permit unless an
extension or an alternate schedule has been approved by the appropriate city official as
contemplated by section 14.
Section 21. As-Built Drawings: If requested by the City, the permittee shall furnish the City
with two (2) complete sets of plans drawn to scale and certified to the City as accurately
depicting the location of all telecommunications facilities pursuant to the permit. These plans
shall be submitted to the Public Works Director or designee within sixty (60)-days after
completion of construction, in a format mutually acceptable to the permittee and the City.
Section 22. Restoration of Public Rights of Way and City 1'roperty3
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A. When a permittee, or any person acting on its behalf, does any work ui orraffecting any
public rights of way or city property, it shall, at its ,own expense, promptly remove any
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obstructions therefrom and restore such ways_o'r property to good,order and condition
unless otherwise directed by the City and as`t~etertnined by the Public Works Director.
>:.
B. If weather or other conditions do not permit the complete restoration required by this
Section, the permittee shall temporarily restore the affected rights of way or property.
Such temporary restoration shall be:,at:the permrttee~s'sole expense and the permittee shall
promptly undertake and complete~the requirec~pernanent restoration when the weather or
other conditions no longer prevent suchp,~r~ahen't restoration. Any corresponding
modification to the construction sche~ule mad be subject to approval by the City.
C. If the permittee ailsoestor i~(ghts of way or property in good condition, the City shall
give the written no a~dti provide permittee a reasonable period of time not
exce ) days ~~ a the rights of way or property. If, after said notice, the
peai,ls o restore is of way or property to as good a condition as existed
befd e the,~vork as~under~aken, the City shall cause such restoration to be made at the
expee ~~f the p~ ttee
D. A permittee or other acting in its behalf shall use suitable barricades, flags, flagging
attendants, lights, Hazes and other measures as required for the safety of all members of
the general public and to prevent injury or damage to any person, vehicle or property by
reason of such work in or affecting such rights of way or property.
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Section 23. Performance and Completion Bond: Unless otherwise provided in a franchise
agreement, a performance bond or other form of surety acceptable to the City equal to at least
100% of the estimated cost of constructing permittee's telecommunications facilities within the
public rights of way of the City, shall be provided before construction is commenced.
A. The surety shall remain in force until sixty (60) days after substantial completion of the
work, as determined in writing by the City, including restoration of public rights of way
and other properly affected by the construction.
B. The surety shall guarantee, to the satisfaction of the City:
1. Timely completion of construction;
2. Construction is incompliance with applicable plans; permits, technical codes and
standazds;
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3. Proper location of the facilities as specified by the City;
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4. Restoration of the public rights ofway and other property;affected by the
construction; and
5. Timely payment and satisfaction of all claims, demands or liens for labor,
material, or services provided in connection. With the work.
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Section 24. Location o Facilities: cilities located within the public right of way shall be
constructed, ' located in r~dance with the following terms and conditions, unless
otherwise spe~cifi a chise nt:
A. Whe~ever~l new r exsting electric utilities, cable facilities or telecommunications
facili~ies"are located or relocated underground within a public right of way of the City, a
grantee with permission to occupy the same public right of way must also locate its
telecommunications facilities underground.
B. Whenever all new or existing electric utilities, cable facilities or telecommunications
facilities aze located or relocated underground within a public right of way of the City, a
grantee that currently occupies the same public right of way shall relocate its facilities
underground concurrently with the other affected utilities to minimize disruption of the
public right of way, absent extraordinary circumstances or undue hazdship as determined
by the City and consistent with applicable state and federal law.
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Section 25. Interference with the Public Rights of Way: No grantee may locate or maintain its
telecommunications facilities so as to unreasonably interfere with the use of the public rights of
way by the City, by the general public or by other persons authorized to use or be present in or
upon the public rights of way. All use of public rights of way shall be consistent with City codes,
ordinances and regulations.
Section 26. Relocation or Removal of Facilities: Except in the case of an emergency, within
ninety (90) days following the written notice by the City, a grantee shall, at no expense to
Grantor, temporarily or permanently remove, relocate, change or alter the position of any
telecommunications facilities within the public rights of way whenever the:.City shall have
determined that such removal, relocation, change or alteration is reasonably necessary for:
A. The construction, repair, maintenance or installation of any cit}%or other public
improvement in or upon the public rights of way.
B. The operations of the City or other governmental :entity"in or upon thg`ptblic rights of
way. ~:,: ~<.-
1:
C. The public interest.
Section 27. Removal of Unauthorized Facilities:. Within tlurty_(30)`days following written
notice from the City, any grantee, telecommunications carrier, or other person that owns, controls
or maintains any unauthorized telecommunications system,: facility or related appurtenances
within the public rights of way of the City shall, at its~own expense, remove such facilities and/or
,~
appurtenances from the public~rghts~ofway of the City ~A telecommunications system or facility
is unauthorized and subject to removal in thc~ follo`'wing circumstances:
A. One year after e expiration ~rd`~eation of the grantee's telecommunications
franchise. ?~
B. Upon a~iandonment of acid, within the public rights of way of the Crty. A facrhty wrll
be considered aban3ori , ~yhen it is deactivated, out of service, or not used for its
intendt=d°and authorized~urpose for a period of ninety (90) days or longer. A facility will
not be considered abandoned if it is temporarily out of service during performance of
repairs or if the facility is being replaced..
C. If the system or facility was constructed or installed without the appropriate prior
authority at the time of installation.
D. If the system or facility was constructed or installed at a location not permitted by the
grantee's telecommunications franchise or other legally sufficient permit.
\\CPPDPDCtPlanning\telewmmunications ordinance.wpd
1 ,~
Section 28. Coordination of Construction Activities: All grantees are required to make a good
faith effort to cooperate with the City.
A. By January 1 of each year, grantees shall provide the City with a schedule of their
proposed construction activities in, around or that may affect the public rights of way.
B. If requested by the City, each grantee shall meet with the City annually or as determined
by the City, to schedule and coordinate construction in the public rights of way. At that
time, the City will provide available information on plans for local, state, and/or federal
construction projects.
C. All construction locations, activities and schedules shall be coordinated; as ordered by the
Public Works Director of designee, to minimize public inconvenience, disruption or
damages.
TELECOMMUNICATIONS FRANCHISE _` ~ ~`
a
~~:._ ~ _~
Section 29. Telecommunications Franchise: A telecommunications, #'ranchse shall be required
of any telecommunications carrier who desires to:oceupy-public nghts of,way of the City.
~.
Section 30. Application: Any person that desires`a telecommunications franchise must register
as a telecommunications carrier and shall file an apphcatior with the Central Point Planning
Department which includes the following`infonnation
A. The identity of the applicant: ~~- ~~ T'
B. A description of th ~tel~ ommunicafio,~rs services that aze to be offered or provided by the
applicant over its te~eco 'ca,~on facilities.
C. Engineerin~~I,an specifiu ti~s, and a network map in a form customarily used by the
appl'6ant oT~ih~ facilitiesya^, lbeat~d or to be located within the public rights of way in the
Cit}~~,including the~loca~ion and route requested for applicant's proposed
D. The azea or areas of the City the applicant desires to serve and a preliminary construction
schedule for build-out to the entire franchised azea.
E. Information to establish that the applicant has obtained all other govenunental approvals
and permits to construct and operate the facilities and to offer or provide the
telecommunications services proposed.
F. An accurate map showing the location of any existing telecommunications facilities in the
City that applicant intends to use or lease.
\\CPPDPDC~Planning\telecammunications ordinance.wpd
~~ 15
Section 31. Application and Review Fee:
A. Subject to applicable state law, applicant shall reimburse the City for such reasonable
costs as the City incurs in entering into the franchise agreement.
B. An application and review fee of $1,000 shall be deposited with the City as part of the
application filed pursuant to Section 30 above. Expenses exceeding the deposit will be
billed to the applicant or the unused portion of the deposit will be returned to the
applicant following the determination granting or denying the franchise. Additional
Building, Public Works and Planning Department fees may be required by the Central
Point Municipal Code.
Section 32. Determination by the City: The City shall issue awriten`.determination granting or
denying the application in whole or part. If the application is denied the written determination
shall include the reasons for denial. ~"<
Section 33. Rights Granted: No franchise granted gur"suaiit to this Ordinance shall convey any
right, title or interest in the public rights of way, but shall'be deemed~a grant to use and occupy
the public rights of way for the limited purposes aiid Perm, and upon the conditions stated in the
franchise agreement.
Section 34. Term of Grant: Unless othefwse specified in a'franchise agreement, a
telecommunications franchise granted hereunder shall be'in affect for a term of five yeazs.
Section 35. Franchise Terrrto'ry,: Unless otherwise`~pecified in a franchise agreement, a
telecommunications franchanted hereu~tddd~iall be limited to a specific geographic area of
the City to be served by~the chis~tee, and the public rights of way necessary to serve
such areas, and m~y_igcl'Etde the
Section 36.nc`hse Fee: Eac~`~ranchise granted by the City is subject to the City's right,
which is expressly?reserved, tfxi,a fair and reasonable compensation to be paid for the
privileges grarite"d; ~~~. '~
provided, nothing in this Ordiiance shall prohibit the City and a grantee from agreeing to the
compensation to be paid. The compensation shall be subject to the specific payment terms and
conditions contained in the franchise agreement and applicable state and federal laws.
Section 37. Amendment of Grant: Conditions for amending a franchise:
A. Anew application and grant shall be required of any telecommunications carrier that
desires to extend or locate its telecommunications facilities in public rights of way of the
City which aze not included in a franchise previously granted under this Ordinance.
B. If ordered by the City to locate or relocate its telecommunications facilities in public
\\CPPDPDC1PIanningUelecommunications ordinance.wpd
~~~ 16
rights of way not included in a previously granted franchise, the City shall grant an
amendment without further application.
C. Anew application and grant shall be required of any telecommunications carrier that
desires to provide a service which was not included in a franchise previously granted
under this Ordinance.
Section 38. Renewal Applications: A grantee that desires to renew its franchise under this
Ordinance shall, not less than 180 days before expiration of the current agreement, file an
application with the City for renewal of its franchise which shall include the following
information:
A. The information required pursuant to Section 30 of this Ordinance.
~,
B. Any information required pursuant to the franchise agreement between the City and the
grantee.
s..
Section 39. Renewal Determinations: Within 90, ~days'after receivmg a'complete application
under Section 38 hereof, the City shall issue a written determinatio`n.granting or denying the
renewal application in whole or in part, applying the following standards. If the renewal
application is denied, the written determination shall include the reasons for non-renewal.
.<='
A. The financial and technical,abrlityoflhe applicant::
~, ~ ~t a~..o,.
`fir-
B. The legal ability of the 2pphcant. ~ ~ w
~,
C. The continuing paci of tl e~public rights of way to accommodate the applicant's
existing d sed facilities
D. The~a~p ic~agat compliatZce~ the requirements ofthis Ordinance and the franchise
agr menu ~`~„~:,.
'~.:.;~:v~' ~a
,~
E. Applicable federal, state and local telecommunications laws, rules and policies.
F. Such other factors as may demonstrate that the continued grant to use the public rights of
way will serve the community interest.
Section 40. Obligation to Cure As a Condition of Renewal: No franchise shall be renewed
until any ongoing violations or defaults in the grantee's performance of the agreement, or of the
requirements of this Ordinance, have been cured, or a plan detailing the corrective action to be
taken by the grantee has been approved by the City.
Section 41. Assignments or Transfers of System or Franchise: Ownership or control of a
\\CPPDPD(?Planing\tclecommuniwtions ordinance.wpd
~ ~ ~~
majority interest in a telecommunication franchise may not, directly or indirectly, be transferred,
assigned or disposed of by sale, lease, merger, consolidation or other act of the grantee, by
operation of law or otherwise, without the proper consent of the City, which consent shall not be
unreasonably withheld or delayed, and then only on such reasonable conditions as may be
prescribed in such consent.
A. Grantee and the proposed assignee or transferee of the franchise or system shall agree, in
writing, to assume and abide by all of the provisions of the franchise.
B. No transfer shall be approved unless the assignee or transferee has the legal, technical,
financial and other requisite qualifications to own, hold and operate the
telecommunications system pursuant to this Ordinance.
C. Unless otherwise provided in a franchise agreement, the.grantee shall reimburse the City
for all direct and indirect fees, costs and expenses reasonably incurred by the City in
considering a request to transfer or assign a telecommunications franchise.
D. Any transfer or assignment of a telecommunications:franchise, system or integral part of a
system without prior approval of the City.under this Section or pursuant to a franchise
agreement shall be void and is cause for revocation of the franchise.
Section 42. Revocation or Termination of Franchise:,A franchise to use or occupy public
rights of way of the City may be revoked for the following reasons:
A. Construction or operation iri`the City or in the public rights of way of the City without a
construction permit.
~' ~'~x.,.v .; ~~
B. Construction or perati6n at an tuta~uthorized location.
C. Failure Yoeco~p y 'th Segtib~~mherein with respect to sale, transfer or assignment of a
D. Misrepresentation by or=~bn behalf of a grantee in any application to the City.
E. Abandonment of telecommunications facilities in the public rights of way.
F. Failure to relocate or remove facilities as required in this Ordinance.
G. Failure to pay taxes, compensation, fees or costs when and as due the City under this
ordinance.
H. Insolvency or bankruptcy of the grantee.
Violation of material provisions of this Ordinance.
\\CPPDPDQPIanning\tclecommunications ordinance.wpd
/ .i
Violation of the material terms of a franchise agreement.
Section 43. Notice and Duty to Cure: In the event that the City believes that grounds exist for
revocation of a franchise, the City shall give the grantee written notice of the appazent violation
or noncompliance, providing a short and concise statement of the nature and general facts of the
violation or noncompliance, and providing the grantee a reasonable period of time, not exceeding
thirty (30) days, to furnish evidence that:
A. Corrective action has been, or is being actively and expeditiously pursued, to remedy the
violation or noncompliance;
B. Rebuts the alleged violation or noncompliance; and/or
~-
C. It would be in the public interest to imposesome penalty orsanction less than revocation.
Section 44. Public Hearing: In the event
satisfactory to the City as provided in Section 43 hereof,
appazent violation or non-compliance'to the~CUity Cou rici
grantee with notice and a reasonable opportunity to,be h.
Section 45. Standards for Reocyation or I~"esser~anci
violated or failed to comnl sv' the materia`lnro stuns
agreement, the City
lesser sancfion anti
violation as reflect~l„by $ne or~•gm fd'8
A. The rsco~tduct as eg~egi
,C ~~,,. F
B. Substantial harm resulted.
C.
D.
E.
F.
The violation was intentional.
evidence reasonably
ristrator may refer the
City Council shall provide the
concerning the matter.
ions: If persuaded that the grantee has
of this Ordinance, or of a franchise
whether to revoke the franchise, or to establish some
lure, circurnstances, extent, and gravity of the
following factors. Whether:
There is a history of prior violations of the same or other requirements.
There is a history of overall compliance.
The violation was voluntarily disclosed, admitted or cured.
\\CPPDPDC1PIanning\telewmmunications ordinance.wpd
Section 46. Other City Costs: All grantees shall, within thirty (30) days after written demand
therefor, reimburse the City for all reasonable direct and indirect costs and expenses incurred by
the City in connection with any modification, amendment, renewal or transfer of the franchise or
any franchise agreement consistent with applicable state and federal laws.
GENERAL FRANCHISE TERMS
Section 47. Facilities: Upon request, each grantee shall provide the City with an accurate map or
maps certifying the location of all telecommunication facilities within the public rights of way.
Each grantee will provide updated maps annually.
Section 48. Damage to Grantee's Facilities: Unless directly;and proximately caused by willful,
intentional or malicious acts by the City, the City shall not be liable for any damage to or loss of
any telecommunications facility within the public rights,o~'way as a result'of orin connection
with any public works, public improvements, construcfion;excavation, grading filling or work of
any kind in the public rights of way by or on behalf`of the°City, or for any consequential losses
.~~ 'tr,
resulting directly or indirectly therefrom.
Section 49. Duty to Provide Information:'Within ten {10),business days of a written request
from the City, each grantee shall furnish the,Cty with the following:
A. Information sufficient to,demonstrate that grantee"has complied with all requirements of
this Ordinance. ~ '~
~ ~~
B. All books, recur , ma s, andmo it documents, maintained by the grantee with respect to
its faciliti~~ ~~v~Ug the public of way shall be made available for inspection by the
CityrBas~i~ab e'~unes~~a~~als.
Section SO.~Serv~c"e to t)~es~ity~xlf the City contracts for the use of telecommunication facilities,
telecommumcarion services, installation, or maintenance from the grantee, the grantee shall
charge the City the grantee's"most favorable rate offered at the time of the request charged to
similaz users within Oregon for similaz volume of service, subject to any of grantee's tariffs or
price lists on file with the OPUC. With the City's permission, the grantee may deduct the
applicable charges from fee payments. Other terms and conditions of such services may be
specified in a sepazate agreement between the City and grantee.
Section 51. Compensation for City Property: If any right is granted, by lease, franchise, or
other manner, to use and occupy city property for the installation of telecommunications
facilities, the compensation to be paid for such right and use shall be fixed by the City.
Section 52. Cable Franchise: Telecommunication carriers providing cable service shall be
\\CPPDPDC~Planning\telecommunications ordinance.wpd
20
subject to the cable franchise requirements listed in the Central Point Municipal Code.
Section 53. Leased Capacity: A grantee shall have the right, without prior City approval, to
offer or provide capacity or bandwidth to its customer; provided that the grantee shall notify the
City that such lease or agreement has been granted to a customer of lessee.
Section 54. Grantee Insurance: Unless otherwise provided in a franchise agreement, each
grantee shall, as a condition of the grant, secure and maintain the following liability insurance
policies insuring both the grantee and the City, and its elected and appointed officers, officials
agents and employees as coinsured:
A. Comprehensive general liability insurance with limits not less than
1. Three Million Dollars ($3,000,000) for bodily injury to death'to each person.
2. Three Million Dollars ($3,000,000) for property,darnage resulting from any one
accident; and,
3. Three Million Dollazs ($3,000,000) forrall`~othertypes of liability.
~'~~b
B. Automobile liability for owned, non owned.and hired vehicle's with a limit of One
Million Dollars ($1,000,000) for each person and Three Million Dollazs ($3,000,000) for
each accident.
C. Worker's compensation wittunsfatutoryv]~mits'an`d employer's liability insurance with
limits not less than One`'Million Dollars ($1_,000,000).
D. Comprehensive ormupremis~e~ss-~~p,~erations, explosions and collapse hazard, underground
hazard anc~ prq_~ts complete~Yal~azard with limits not less than Three Million Dollars
E. The, iability insuraricepolicies required by this Section shall be maintained by the grantee
throughout the term. of the telecommunications franchise, and such other period of time
during which the grantee is operating without a franchise hereunder, or is engaged in the
removal of telecommunications facilities. Each such insurance policy shall contain the
following endorsement:
"It is hereby understood and agreed that this policy may not be canceled nor the intention
not to renew be stated until 90 days after receipt by the City, by registered mail, of a
written notice addressed to the City Administrator of such intent to cancel or not to
renew."
F. Within sixty (60) days after receipt by the City of said notice and in no event later than
thirty (30) days prior to such cancellation, the grantee shall obtain and furnish to the City
\\CPPDPDC,Planning\tdecommuniwtions ordinance.wpd
91
evidence that the grantee meets the requirements of this Section.
G. As an alternative to the insurance requirements contained herein, a grantee may provide
evidence ofself-insurance subject to review and acceptance by the City.
Section 55. General Indemnification: Each franchise agreement shall include, to the extent
permitted by law, grantee's express undertaking to defend, indemnify and hold the City and its
officers, employees, agents and representatives harmless from and against any and all damages,
losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out
of ,resulting from or alleged to arise out of or result from the negligent, careless or wrongful
acts, omissions, failures to act or misconduct of the grantee or its affiliates;: officers, employees,
agents, contractors or subcontractors in the construction, operatiommaintenance, repair or
removal of its telecommunications facilities, and in providingproffering telecommunications
services over the facilities or network, whether such acts~.or omissions aze authorized, allowed or
prohibited by this Ordinance of by a franchise agreementade or entered pursuant to this
Ordinance. `~
R {~4..1 n c
Section 56. Performance Surety: Before a franc`liise~granted pursuant to this Ordinance is
effective, and as necessary thereafter, the grantee`'shall provide a performance bond, in form and
substance acceptable to the City, as security for the full and.complete performance of a franchise
granted under this Ordinance, including any.costs, expenses, damages or loss the City pays or
incurs because of any failure attributable to the grantee to~comply with the codes, ordinances,
rules, regulations or permits ofthe ~ityd"This obligati~mrs in addition to the performance surety
required by Section 23 for construction of falities.~"`
~~~e.:,-ir..
GENERAL PROVISIO S ~
s
Section 5'7.vernrng Law: Anytfrarchise granted under this Ordinance is subject to the
provisions of theC~onstit~utiiinbacid,;laws of the United States, and the State of Oregon and the
ordinances arid-Charter of the City.
Section 58. Written Agreement: No franchise shall be granted hereunder unless the agreement
is in writing.
Section 59. Nonexclusive Grant: No franchise granted under this Ordinance shall confer any
exclusive right, privilege, license or franchise to occupy or use the public rights of way of the
City for delivery of telecommunications services or any other purpose.
Section 60. Severability and Preemption: If any article, section, subsection, sentence, clause,
phrase, term, provision, condition, covenant or portion of this Ordinance is for any reason held to
be invalid or unenforceable by any court of competent jurisdiction, or superseded by state or
\\CPPDPDC.Planning\tclecommunications ordinance.wpd
22
federal legislation, rules, regulation or decision, the remainder of the Ordinance shall not be
affected thereby but shall be deemed as a sepazate, distinct and independent provision, and such
holding shall not affect the validity of the remaining portions hereof, and each remaining section,
subsection, sentence, clause, phrase, provision, condition, covenant and portion of this Ordinance
shall be valid and enforceable to the fullest extent permitted by law. In the event that federal or
state laws, rules or regulations preempt a provision or limit the enforceability of a provision of
this Ordinance, then the provision shall be read to be preempted only to the extent required by the
law. In the event such. In the event such federal or state law, rule, or regulation is subsequently
repealed rescinded, amended or otherwise changed so that the provision hereof that had been
preempted is no longer preempted, such provision shall be thereupon return to full force and
effect, and shall thereafter be binding, without the requirement of further action on the part of the
City.
Section 61. Penalties: Any person found guilty of violating ,disobeying, omitting, neglecting or
refusing to comply with any provisions of this Ordinance shall be fined not less than One
Hundred Dollars ($100.00) nor more than One Thousand,Dollars,($1,000.00) foreach offense. A
sepazate and distinct offense shall be deemed committed each day on which a violation occurs.
Section 62. Other Remedies: Nothing in this Ordinance shall be construed as limiting any
judicial remedies that the City may have, at law of in equity, for enforcement of this Ordinance.
Section 63. Captions: The captions to sectionsthroughoutthfs Ordinance aze intended solely to
facilitate reading and reference to the sections and provisions contained herein. Such captions
shall not affect the meaning or interpretation of this Ordinance.
Section 64. Compliance with Laws: Any granteeunder this Ordinance shall comply with all
federal and state laws and regulations, including.,regulations of any administrative agency thereof,
as well as all ordinances, resgldtions~ru'les and regulations of the City heretofore or hereafter
adopted or established during the entire t rtn of any franchise granted under this Ordinance,
which are relev~nt¢and re ate to the`conction, maintenance and operation of a
~. 9 ~ ~, i.
telecommunic`a~ionsy"stem. .,F ,,
~. ~~;," .
Section 65. Consent: Whenever the consent of either the City or of the grantee is specifically
required by this Ordinance or'in a franchise granted, such consent will not be unreasonably
withheld.
Section 66. Application to Existing Ordinance and Agreements: To the extent that this
Ordinance is not in conflict with and can be implemented with existing ordinance and franchise
agreements, this Ordinance shall apply to all existing ordinance and franchise agreements for use
of the public right of why for telecommunications.
Section 67. Confidentiality: The City agrees to use its best efforts to preserve the confidentiality
of information as requested by a grantee, to the extent permitted by the Oregon Public Records
Law.
\1CPPDPDC\Planning\telecommuniwtions ordinance.wpd
., _ 2 3
ANTENNA STANDARDS
Ordinance
• Structures 60 feet or less in height aze a permitted use in
the C-4, Conunercial District.
Application required: Site Plan
• Structures 61 feet to 80 feet in height are a conditional use
and are subject to recommended conditions of approval.
Applications required: Conditional Use Permit
Site Plan
• Structures exceeding 81 feet in height are a conditional use
contingent upon approval of a variance from the maximum
height for the zoning district.
Applications required: Variance
Conditional Use Permit
Site Plan
GENERAL INFORMATION
a) Antennas and similar structures adjacent to residentially zoned properties are subject to additional
setback requirements designed to protect against collapse.
b) Antennas and similaz structures shall be painted an unobtrusive color.
c) Lighting on the structure is prohibited unless required by the Federal Aircraft Administration.
d) The City of Central Point encourages co-location of facilities.
e) Conditional use permit applications for antennas and similar structures may have additional
conditions of approval assigned by the City of Central Point to mitigate the visual impact on
surrounding properties,
;.,~ 24
., 51614 coh~ Mop,F«,~noNS.
- Signs ai'fenrtR5.~7rcafe.~ a~,,,C(Y
15.24.600--15.24.610
potential between the cable and the raceway is five thou-
sand volts or more.
E. Transformers used outdoors shall be of a type
approved under the provisions of the electrical code of the
state and shall contain at least two drain holes at the
bottom which are three-eighths to three-quarters inch in
diameter.
F. All tubing terminals shall terminate in:
1. Noncombustible nonabsorbative receptacles; or
2. Terminal boxes as provided in subsection C of
this section; or
3. A metal troughway. (Ord. 928 560, 1968).
15.24.60 Signs along freeways-Restrictions. Not-withstanding any other provisions contained
in this code, a conditionaltl~e.permtashe({ may be granted for the erection of any sign to be
erected in the C-4, commercial tourist zone, where such signs:
A Are sixty arig 1'e~f~o`r±~ghe%}ai21 aze placed in such a manner that the highest point of
the sign is not higher than eighty feet above the ground level upon which the sign is placed; and
B. Contain not over three hundred square feet of
advertising surface.
All applicable strength
apply to signs placed under
1994: Ord. 928 §62, 1968).
for which a permit has be
A sign
which
sign does not conform to Section 15.24.600 shall not be
continued after October 1, 1968, or until said sign is
removed, whichever occurs earlier. If such nonconforming
sign is in existence on October 2, 1968, the city adminis-
trator shall notify, in writing, the holder of the permit
for such sign to xemove the same within fifteen days. If
upon the expiration of said fifteen-day period•the•sign is
not removed, the city may remove the same and said permit
holder shall be liable to the city for the costs of remov-
al. (Ord. 928 563, 1968).
192
and safety requirements shall
this section. (Ord. 1710 §2,
~.,. 25
(Central Point 3/95)
Sections: (Continued) ~ ~;:~ti.t ~ti ~Ytg~
17.08.035
17.08.040
17.08.045
17.08.050
17.08.055
1°~i~$~0~"37
17.08.060
17.08.062
17.08.065
17.08.070
17.08.075
17.08.080
17.08.085
17.08.090
17.08.100
17.08.105
17.08.110
17.08.115
17.08.120
17.08.125
17.08.130
17.08.135
17.08.140
17.08.142
17.08.145
17.08.150
17.08.155
17.08.160
17.08.165
17.08.170
17.08.175
17.08.180
17.08.185
17.08.190
17.08.195
17.08.200
17.08.205
17.08.208
17.08.210
17.08.215
17.08.220
17.08.225
17.08.230
17.08.235
17.08.240
17b$14
17.08.245
17.08.250
17.08.255
17.08.260
17.08.265
Advertising structure.
Agriculture.
Alley.
Amendment.
Animal hospital or
clinic.
~~tl~~nna
Apartment.
Applicant.
Automobile, truck, boat,
sales lot.
or mobile home
Automobile service station.
Basement.
Billboard.
Block.
Boarding and rooming houses.
Building.
Building area.
Building height.
Buffer.
Centerline.
Church.
City.
City council.
Clinic.
Common open space.
Condominium.
Contiguous.
Convalescent home.
Day care center.
District.
Drive-in businesses.
Dwelling group.
Dwelling, multifamily.
Dwelling, single-family.
Dwelling, two-family.
Dwelling unit.
Family.
Farm use.
Fence.
Fence, sight obscuring.
Floor area.
Floor area ratio (F.A.R.).
Frontage.
Garage.
Grade.
Guesthouse.
.,' ~ i4
Hedge.
Home occupation.
Junkyard.
Kennel.
Landscaping.
226 (Central Point 8/93)
~~
17.08.010--17.08.055
17.08.010 Abuttins. "Abutting" means adjoining with
a common oun ary line except where two or more lots adjoin
only at a single point, such as a corner. (Ord. 1436
§2(part), 1981).
17.08.015 Access. "Access" means the way or means by
which pedestrians and vehicles enter and leave property.
(Ord. 1436 §2(part), 1981).
17.08.020 Accessory structure or use. "Accessory
structure" or "accessory use" means a structure or use that
is incidental and subordinate to the main structure or use of
the property and located on the same lot as the main structure
or use. (Ord. 1436 §2 (part), 1981).
17.08.025 Adjacent. "Adjacent" means near, close; for
example, a commercial business on an adjacent lot or across
the street from a residence shall be considered "adjacent."
(Ord. 1436 §2(part), 1981).
17.08.030 Adjoining. "Adjoining" means the same as
"abutting." (Ord. 1436 §2 (part), 1981).
17.08.035 Advertising structure. "Advertising
structure" means any notice or advertisement, pictorial or
otherwise, and any structure used as, or for the support of,
any such notice or advertisement, for:the purpose of pro-
moting the sale of or public awareness of any goods, ser-
vices, or activities that are not located on the same lot
as the advertising structure. (Ord. 1436 §2{part), 1981).
17.08.040 Agriculture. "Agriculture" means the use of
land for agricultural purposes, including farming,, dairying,
pasturage, horticulture, floriculture, viticulture, apiaries,
and animal and poultry husbandry, and accessory uses ::commonly
associated with such uses. (Ord. 1436 §2(part),.1981).
17.08.04 5 Alley. "Alley" means a street which affords
only secondary access to property. (Ord. 136 §2 (part),
1981).
17.08.050 Amendment. "Amendment" means a change in
the wording, context or substance of an official ordinance
or other publication, including related maps, illustrations,
concepts, or plans. (Ord. 1436 §2 (part), 1981).
17.08.055 Animal hospital or clinic. "Animal hospital
or "a-n~.mal clinic means a place where animals or pets are
given medical or surgical treatment and are cared for during
the time of such treatment. Use as a kennel shall be
limited to short-time boarding and shall be only incidental
to the hospital or clinic use. (Ord. 1436 §2(part), 1981).
17:08;057 Antenna means a device, dish or array used to transmit or receive
telecommunications signals for communications purposes.
~~. 27
17.08.240--17.08.270
17.08.240 Guesthouse. "Guesthouse" means an accesso-
ry bui ing esigne an used for the purpose of providing
temporary living accommodations for guests or for members
of the same family as that occupying the main building, and
containing no kitchen facilities. (Ord. 1436 §2 (part),
1981).
17.08.245 __He.d44e. •Hedge" means a series of plants,
shrubs, or of er~.a~Cn scape material, so placed as to act as
a buffer or to form a physical barrier or enclosure. (Ord.
1436 §2(part), 1981).
1'7eb8.2d~~iieieht
1'i.Uti.zSO Home occupation. •HOme occupation" means
any occupation con ucted wit in a residential dwelling unit
by a member or members of the family residing in that unit,
provided such occupation is clearly incidental and second-
aYy to the primacy residential use of that dwelling and is
in accordance with Section 17.60.190. (Ord. 1684 §19,
1993: Ord. 1436 §2 (part), 1981).
17.08.255 Junkyard. "Junkyard" means a place where
waste, discarded or salvaged materials are bought, sold,
exchanged, baled, packed, disassembled or otherwise han-
dled, including auto wrecking yards, house wrecking yards,
used lumber yards and places or yards 'for the storage of
salvaged materials, not including such places where these
types of uses are conducted entirely within a completely
enclosed building. (Ord. 1436 §2 (part), 1981).
17.08.260 .Kennel. •Kennel• means::any:premises where
five or more ogs, cats, or other small animals or any
combination thereof, are kept commercially or permitted to
remain, for board, propagation, training or sale, not in-
cluding veterinary clinics and animal hospitals. (Ord.
1436 §2 (part), 1981).
17.08.265 Landsca ing. "Landscaping" means any com-
bination of permanent y maintained live trees, lawn,
shrubs, or other plant materials, including inorganic ac-
cessory materials utilized to accent or complement the
vegetation. Fountains, ponds, sculpture, lampposts, fenc-
es, and other functional or decorative features may be
integral components of a landscape plan. (Ord. 1436 §2
(part), 1981).
17.08.270 Lot. "Lot" means a parcel of land lawfully
create as suc in accordance with the subdivision laws or
ordinances in effect at the time of its creation. (Ord.
1436 §2 (part), 1981).
or
C-`I ~err~tf~.~ Uses
17.44.020
11. Sit-down restaurant or dinner house (including
alcohol),
12. Cocktail lounges and clubs serving alcoholic
beverages,
13. Tavern with beer only,
14. Commercial parking lot,
15. Community shopping centers, defined as a group
of commercial establishments planned, developed, owned or
managed as a unit which may include any of the permitted
uses in this section and may also include the following
uses:
a. Supermarket,
b. Department store,
c. Sporting goods,
d. Books and stationery,
e. Gifts, notions and variety, .
f. Florist,
g. Leather goods and luggage,
h. Pet sales and related supplies,
i. Photographic supplies,
j. Health food,
k. Self-service laundry,
1. Antique shop,
m. Delicatessen,
n. Pastry and confectionery,
o. General apparel,
p. Shoes and boots,
q. Specialty apparel,
r. Jewelry,
s. Clocks and watches, sales and service,
t. Bakery, retail only,
u. Bicycle shop,
v. Audio, video, electronics sales and service,
w. Priating, lithography and publishing,
16. Mobile food vendors,
17. StaCe-regulated package liquor._stores,_... .
18. Other uses not specified in this or any other
district, if the planning commission finds them to be simi-
lar to the uses listed above and compatible.: with other
permitted uses and with the intent of the C-4 district as
provided in Section 17.60.140. (Ord. 1736 §2, 1996: Ord.
1727 §2, 1995: Ord. 1720 §1, 1995: Ord. 1684 §44, 1993:
Ord. 1615 §37, 1989; Ord. 1511 §6, 1984: Ord. 1436
§2 (part), 1981).
C:
268
(Central Point 6/96)
~~ 29
~-y co~~;~~.~R( uses
17.44.040--17.44.060
17. Jewelry;
18. Clocks and watches, sales and service;
19. Bakery, retail only;
20. Bicycle shop;
21. Audio, video, electronics sales and service;
22. Printing, lithography and publishing. (Ord.
1511 §7, 1984: Ord. 1436 §2 (part), 1981).
C. Telecommunication antenna support structures and other antenna structures that exceed
the maximum height regulations described in chapter 17.44.040, subject to the
conditional.use permit requirements of 17.76.010 and variance requirements of 17.80.010
if the requested height of the structure exceeds eighty feet.
17~'~F":-6~tu ~Hei ht re lations. No building or structure
shall exceed sixty feet in he ght in the C-4 district.
(Ord. 1436 §2(part), 1981).
17.44.050 Area, width and yard requirements. A. Lot
Area. Lot area shall be a minimum of fiveve tTousand square
feet.
B. Lot Width. Lot width shall be a minimum of fifty
feet.
C. Lot Depth: Lot depth shall be a minimum of one
hundred feet.
D. Front Yard. The front yard shall be a minimum of
ten feet.
E. Side Yard. The side yards shall be a minimum of
five feet plus one-half foot for each foot by which the
building height exceeds twenty feet.
F. Rear Yard. The rear yard shall be a minimum of ten
feet. Zn cases Where the rear property line abuts any resi-
dential (R) district or any unincorporated lands, the rear
yard shall be increased by one-half foot for each foot by
Which the wilding height exceeds twenty feet.
G. Lot Coverage. No lot coverage requirements, pro-
vided the setback and parking and loading requirements .are
met. (Ord: 1436 $2 (part), 1981).
17.44.060 General re irements. A. Uses that are
norms ly permitted in t e C-4 istrict but that are referred
to the planning commission for further review, per Section
17.44.030(A)(19), will be processed according°to~application
procedures for conditional use. permits. No use shall be per-
mitted a;nd.no'process, equipment or materials. shall be used
which are found by the planning commission to be harmful to
persons living or working in the vicinity by reason of odor,
fumes, dust, smoke, cinders, dirt, refuse, water-carried
waste, noise, vibration, illumination or glare, or are
found to involve any hazard of fire or explosion.
B. All businesses, services and processes shall be
conducted entirely within a completely enclosed structure,
with the exception of oft;-street parking and loading areas,
outdoor eating areas, service stations, outdoor recreational
facilities, recreational vehicle overnight facilities, and
other compatible activities, as approved by the planning
commission.
O 270 (Central Point 8/84)
Sife ~(~ App/wc(
17.72.010--17.72.020
Sections: (Continued)
17.72.070 Expiration.
17.72.080 Site plan compliance--Certificate of
occupancy.
17.72.010 Purpose. The purpose of site plan, land-
scaping and construction plan approval is to review the
site and landscaping plans of the proposed use structure or
building to determine compliance with this title and the
building code, and to promote the orderly and harmonious
development of the city, the stability of land values and
investments, and the general welfare, and to promote aes-
thetic considerations, and to help prevent..impairment.or
depreciation of land values and development .by..the..erection
of structures or additions or alterations thereto without
proper attention to site planning, landscaping and the
aesthetic acceptability in relation to the development of
neighboring properties. (Ord. 1436 §2 (part), 1981).
17.72.020 Site plan approval required. A. A site
plan application conforming to the requirements of Section
17.72.030 shall be made:
1. For all construction requiring issuance of a
~xt~•~
ctffi ~o _ •,M ~ur_,'~~ building permit; or
2. Upon a change of use.
B. Except for the C-3 zoning district, the require-
ment for a site plan application upon a change of use may
be waived by city staff if staff determines that no modifi-
cations are necessary to ttie existing access, parking,
driveway, or any other facilities on the site.
C. In the C-3 zoning district, the requirement for a
site plan application may be waived by city staff if:
1.-'The project involves either a change of use or
only maintenance, rehabilitation or modernization of an
existing building; and
2. City staff determines that no modifications are
necessary to the existing access, driveway, .or any other
facilities on the site, excluding parking.
D.. Site plan applications for properties located in
esi~ep~.ta~l}`~ districts shall be reviewed and approved by
staff unless referred to the planning commission when un-
usual features or circumstances of the site or building
could result in an adverse impact on the neighborhood or
adjacent properties. Staff may, in its discretion, waive
the site plan application filing fee and any of the re-
quirements o£ 17.72.030 (D) for:
1. Single-family residential structures; and
2. Storage sheds, patio covers, garages and car-
ports, decks, gazebos, and similar nonoccupied structures
used in conjunction with residential uses.
279-40 (Central Point 9/96)
31
Cond:~f.:.w.( VSe ~1'...tf.
17.76.011--17.76.040
17.76.011 A lication and review. An application and
review t ereo s a con orm to t e provisions of Chapter
1.24 and all applicable laws of the state. The application
shall be accompanied by a fee of one hundred dollars.
(Ord. 1436 §2(part), 1981).
17.76.020 Information re fired. An application for a
conditional use permit s a inc u e the following informa-
tion:
A. Name and address of the applicant;
B. Statement that the applicant is the owner of the
property or is the authorized agent of the owner;
C. Address and legal description or the assessor's
parcel number of the property;
D. An accurate scale drawing of the site.and improve-
ments proposed. The drawing must be adequate to enable the
planning commission to determine the compliance of the
proposal with the requirements of this title;
E. A statement indicating the precise manner of com-
pliance with each of the applicable provisions of this
title together with any other data pertinent to the find-
ings prerequisite to the granting of a use permit.
The application shall be accompanied by a fee of one
hundred dollars. (Ord. 1436 §2 (part), 1981).
17.76.040 Findings and conditions. The planning
commission in granting a conditional use permit shall find
as follows:
A. That the site for the proposed use is adequate in
size and shape to accommodate the use and to meet all other
development and lot requirements of the subject zoning
district and all other provisions of this code;
B. That-.the site has adequate access to a public
street or highway and that the•street or highway is ade-
quate in size and condition .to effectiveiy.,accommodate the
traffic that is expected to be generated by the proposed
use;
C. That the proposed use will have .no significant
adverse effect on abutting property or the permitted use
thereof. In making this determination, the commission
shall consider the proposed location of improvements on the
site; vehicular ingress, egress and internal circulation;
setbacks; height of buildingsan.=s'~2ictures walls and fences; landscap-
ing; outdoor lighting; and signs;
D. That the establishment, maintenance or operation
of the use applied for will comply with local, state and
federal health and safety regulations and therefore will
not be detrimental to the health, safety or general welfare
of persons residing or working in the surrounding neighbor-
hoods and will not be detrimental or injurious to the prop-
erty and improvements in the neighborhood or to the general
279-45 (Central Point 8/93)
32
-as~tQS Gl i3 ,fey)O n, f/ ~f]Qmt /'~+t'f,Y/~2 P. G, cJ~/oP r~.../e 'l'o
M l'f1g1'ft iMp~<fi v~l on J~/Y'Jun t~,n~ 0(p~7QfY.~ 17 .76.~6U
welfare of the community, based on the review of those fac-
Cors lisCed in subsection C of this section;
E. That any conditions rewired for approval of the
permit are deemed neoessary to protecC the public health,
safety and general welfare and may include:
1. Adjustments to lot size or yard areas as needed
to best accommodate the proposed use; provided the lots or
yard areas conform to the stated minimum dimensions for the
subject zoning district, unless a variance is also granted
as provided for in Chapter 17.$0,
2. Increasing street widths, modifications in
street designs or addition of street signs or traffic sig-
nals to accommodate the traffic generated by the proposed
use,
3. Adjustments to.off-street parking requirements
in aocordanee with any unique characteristics of the pro-
7
posed use,
4.
Regulation of poinCs of vehicular ingress and
egress,
S. Requiring iandscaping, irrigation systems,
lighting and a property maintenance program.
6. Regulation of signs and their locatiens.
Requiring fences berms watish~'ai.apui ! o°~``.:tniree~~_~ ~, or other devices
?Cg~.1,c,-b j ~mpo ihon~ to eliminate or reduce the effects of noise, vibrations,
odors vis __:nn mg ~b~ti or other undesirable effects on surrounding properties.
8. Regulation of time of operations for.ceztain
types of uses if their operations may adversely affect
privacy of sleep of persons residing nearby or otherwise
conflict with otYier.community or neighborhood functions,
9. Establish a dune period within which the sub-
ject land use must be developed,
10. Requizrsaerit of a bond or other adequate assur-
ance 'within.a :::specified period of time,
' ii. Such other conditions that are found to,be
necessary to protect the public health, safety and general
welfare,
i2. In considering an appeal of an application for
a conditional use permit fora home occupaC_fon, the plan-
ning commission shall review the criteria listed in Section
17.60.190. (Ord. 1684 §72, 1993: Ord. 1615 §55, 2989:
Ord. 1533 §1, 1984: Ord. 1436 §2(part), 1981).
17.76.060 Expiration. A. A conditional use permit
shall apse and become void one year following the date on
which it became effective, unless:
1. 'By conditions of the conditional use permit, a
greater or lesser time is prescribed as a condition of
approval;
2.. Prior to the expiration of one year, a building
permit is issued by the city and construction is commenced
and diligently pursued toward completion; or
279-46 (Central Point 8/93)
J
Chapter 00.00
TREES
Sections:
00.00.010 Purpose
00.00.020 Applicability
00.00.030 Definitions
00.00.040 Tree RemovaUReplacement
00.00.050 Review Criteria
00.00.060 Permit Exemptions
00.00.070 Topping
00.00.080 Protection of Trees
00.00.090 Street Tree Planting-When Required
00.00.100 Street Tree Standazds
00.00.110 Street Tree Plans
00.00.120 Street Tree Planting
00.00.130 Street Tree Maintenance
00.00.010 Purpose
City of Centrai Point
~X~~~~`,-~ ttB tt
Planning Department
The purpose of this ordinance is to establish and maintain the maximum amount of tree
cover on public and private lands in the city; provide tree-line streets throughout the city;
select, situate and maintain trees appropriately to minimize hazard, nuisance, damage,
and maintenance cost; to enhance the appeazance of the City; to promote a diverse,
healthy, and sustainable community forest; and to educate the public regarding
community forest issues.
00.00.020 Applicability
The provisions of this ordinance shall apply to:
Individual significant or historic trees as defined in this ordinance.
2. All trees planted in or upon any public area orright-of--way;
All trees planted in or upon any private property which directly affect public
infrastructure including but on limited to sewers, water mains, sidewalks, streets,
public property, or clear vision distances at street intersections;
4. All trees developable land and subject to or undergoing development review such
as site plan review, tentative subdivision review, or partition review;
~ v ~ 1
00.00.030 Definitions
Critical Root Zone Generally a circular region measured outward from a tree trunk
representing the essential area of roots that must be maintained or protected for the tree's
survival. Critical root zone is one foot of radial distance for every inch of tree diameter
measured at 4.5 feet above ground level, with a minimum of eight feet. For significant
trees, the formula changes to1.5 feet for every inch of tree diameter at 4.5 feet above
ground level, with a minimum of twelve feet.
Crown The leaves and branches of a tree or shrub; the upper portion of the tree from the
lowest branches on the trunk to the top. May also be referred to as "canopy".
DBH Diameter-at-breast-height is tree trunk diameter measured in inches at a height of
4.5 feet above the ground. If a tree splits into multiple trunks below 4.5 feet, the trunk is
measured at its most narrow point beneath the split.
Drip Line A vertical line extending from the outermost edge of the tree's original canopy
to the ground.
Hazardous Tree A tree or part thereof growing on private or public property which
endangers, obstructs or impairs the free and full use of a public area, including utilities
within these areas or is afflicted with or weakened by a disease or injury.
Historic Tree Selected trees placed on an inventory based on the age, species, location,
and historic significance.
Maior Pruning Removal of over 20 percent of the tree's canopy, any tree topping, or
disturbance of over 10 percent of the root system.
Public Tree A tree located within apublicright-of--way or on public land, such as a city
park.
Significant Trees Selected trees placed on an inventory based on the age, species, and
location.
Street Tree A living, standing woody plan typically having a single trunk at least 1-1/2
inch in diameter at a point six inches above mean ground level at the base of the trunk,
that is located within the street right-of--way.
To in The severe cutting back of limbs to stubs three inches in diameter within the
tree's crown to such a degree so as to remove the natural canopy and disfigure the tree.
Tree Any woody plant having a truck five inches or more in diameter 4.5 feet above
ground level at the base of the trunk. If a tree splits into multiple trunks below 4.5 feet,
the trunk is measured at its most narrow point beneath the split.
c~ rJ
Tree Board An appointed citizen committee formed for the purpose of hearing concerns
and making decisions regarding trees. The Central Point Landscape Review Committee
currently serves in this capacity.
Tree Establishment Includes watering, initial pruning, and replacement of trees, if
necessary, for a period of three years from the date of planting.
00.00.040 Tree Removal/Replacement
The removal or major pruning of a tree within the public right-of--way shall
require City approval, unless specifically designated as exempt by this ordinance.
Persons wishing to remove or prune such trees shall file an application for a
permit with the Central Point Planning Department. The applicant shall include
information describing the location, type, and size of the subject tree or trees, and
the reasons for the desired action. The request shall be forwarded to the Central
Point Landscape Review Committee for a decision within thirty days of submittal.
The Landscape Review Committee may approve, approve with conditions, or
deny the request based on the criteria stated in 00.00.050. A decision of the
committee maybe appealed to the Planning Commission if notice of intent to
appeal is filed with the Planning Department within fifteen days of the
committee's decision.
2. The subject to this ordinance shall be removed or pruned following accepted
pruning standards adopted by the City.
The applicant shall be responsible for all costs associated with the tree removal or
pruning and shall ensure that all work is done in a manner which ensures safety to
individuals and public and private property.
4. Approval of a request to remove a tree maybe conditioned upon replacement of
the tree with another tree approved by the city, or a requirement to pay to the city
an amount sufficient to fund the planting and establishment by the city of a tree,
or trees, of similar value. The value of the existing tree to be removed shall be
calculated using the methods set forth in the edition then in effect of the "guide for
Plan Appraisal" published by the International Society of Arboriculture Council
for Tree Landscape Appraisers.
The applicant is responsible for grinding stumps and surface roots at least six
inches below grade. At least a two inch thick layer of topsoil shall be placed over
the remaining stump and surface roots. The areas shall be crowned at least two
inches above the surrounding grade to allow for settling and shall be graded
smooth. The Applicant shall restore any damaged turf areas and grades due to
vehicular or mechanical operations. The area shall be re-seeded.
6. Other conditions maybe attached to the permit approval by the Central Point
~~
Landscape Review Committee as deemed necessary.
00.00.050 Review Criteria. A permit for major pruning or tree removal shall be granted if any of
the following criteria apply:
The tree is unsafe, dead, or diseased as determined by a Certified Arborist.
Verification of tree health may be required, at the expense of the applicant, by a
Certified Arborist acceptable to the City.
2. The tree is conflict with public improvements.
The proposed removal or pruning is part of an approved development project, a
public improvement project where no alternative is available, or is part of a street
tree improvement program.
00.00.060 Permit Exem tp ions
Hazardous Tree - If an imminent danger exists to the public or any private
property owner or occupant, the City may issue an emergency removal pei~rnit.
The removal shall be in accordance with Intemational Society of Arboriculture
(ISA) standards.
2. Maintenance -Regular pruning maintenance which does not require the removal
of over 20 percent of the tree's cariopy, tree topping, or the disturbance of over 10
percent of the tree's root system is exempt from the provisions of this ordinance.
00.00.070 Tree Tonning
It shall be unlawfirl for any person, firm, or the City to top any tree. Trees severely
damaged by storms or other causes or certain trees under utility wires or other
obstructions where normal pruning practices may be exempted at the determination of the
Central Point Landscape Review Committee, applying criteria developed by the City.
00.00.080 Protection of Trees
It shall be unlawful for any person to remove, destroy, break, or injure any street
tree or public tree. Individuals convicted or removing or destroying a tree without
City approval shall be subject to paying to the City an amount sufficient to fund
the planting and establishment of a tree, or trees, of similar value. The value of
the removed or destroyed tree shall be calculated using the methods set forth in
the edition then in effect of the "Guide for Plant Appraisal" published by the
International Society of Arboriculture Council of Tree Landscape Appraisers.
It shall be unlawful for any person to attach or keep attached to any street or
public tree or to the guard or stake intended for the protection of such tree, any
rope, wire, chain, sign, or other device, except as a support for such tree.
~~
3. During the construction, repair, alteration or removal of any building or structure
it shall be unlawful for any owner or contractor to leave any street tree or public
tree in the vicinity of such building or structure without a good and sufficient
guard or protectors as shall prevent injury to such tree arising out of or by reason
of such construction or removal.
4. Excavations shall not occur within the drip line of any street tree or public tree
without approval of the City, applying criteria developed by the Landscape
Review Committee. Utility pole installations are exempted from these
requirements. During such excavation or construction, any such person shall
guazd any street tree or public tree within the drip line, or as may be required by
the Landscape Review Committee.
All building or other debris shall be kept outside of the drip line of any street tree
or public tree.
00.00.090 Street Tree Plantine _ When Required
All new multi-family development, commercial or industrial development, subdivisions,
partitions, or parking lots fronting a public roadway which has a designated curb-side
planting strop or planting island shall be required to plant street trees in accordance with
the standards listed in Section 00.00.100.
00.00.100 Street Tree Standards
The species of the street trees to be planted shall be chosen from the approved
street tree list unless approval of another species is given by the Central Point
Landscape Review Committee.
2. Street trees shall be a minimum of two (2) inches in caliper measured at six (6)
inches above ground level. All trees shall be healthy grown nursery stock with a
single straight trunk, a well developed leader with tops and roots characteristic of
the species cultivar or variety. All trees must be free of insects, diseases,
mechanical injury, and other objectionable features when planted.
Small or narrow stature trees (under 25 feet tall and less than 16 feet wide
branching) should be spaced no greater than 20 feet apart; medium sized trees (25
feet to 40 feet tall, 16 feet to 35 feet wide branching) should be spaced no greater
than 30 feet apart; and large trees (over 40 feet tall and more than 35 feet wide
branching) should be spaced no greater than 40 feet apart. Within residential
developments, street trees should be evenly spaced, with variations to the spacing
permitted as approved by the City for specific site limitations and safety purposes.
Within commercial and industrial development staggered, or irregular spacing is
permitted, as maybe approved by the Central Point Landscape Review
Committee.
3
4. When located adjacent to a local residential street or minor collector street, street
trees shall be planted within acurb-side landscape strop measuring a minimum of
three feet in width. Street trees adjacent to major collector streets or arterial
streets shall be placed a minimum of four (4) feet from the back edge for the
sidewalk. In no case shall a tree be planted closer than two and one-half (2 %z)
feet form the face of a curb.
Street trees shall not be planted within ten (10) feet of fire hydrants, utility poles,
sanitary sewer, storm sewer ow water lines, or within twenty (20) feet of
streetlight standards or street intersections, or within five (5) feet on an existing
street tree. Variations to these distances maybe granted by the Public Works
Director and as may be required to ensure adequate clear vision.
6. Existing street trees shall be retained unless approved by the Planning Director for
removal during site development or conjunction with a street construction project.
Sidewalks of a variable width and elevation maybe utilized as approved by the
Planning Director to save existing street trees. Any street tree removed through
demolition or construction within the street right-of--way at a location approved by
the city with a tree, or trees, of similaz value. As an alternative the property
owner maybe required to pay to the City an amount sufficient to fund the planting
and establishment by the city of a tree of similar value. The value of the edition
then in effect of the "Guide for Plant Appraisal" published by the International
Society of Arboriculture Council of Tree Landscape Appraisers. The developer
os applicant shall be responsible for the cost of the planting, maintenance and
establishment of the replacement tree.
Sidewalk cuts in concrete for tree planting shall be a minimum of four feet by six
feet, with the long dimension parallel to the curb.
8. Street trees, as they grow, shall be pruned to provide at least eight (8) feet of
clearance above sidewalks and thirteen (13) feet above local streets, fifteen (15)
feet above collector streets, and eighteen (18) feet above arterial streets. This
provision maybe waived in the case of newly planted trees so long as they do not
interfere with public travel, sight distances, or endanger public safety as
determined by the City.
9. Maintenance of street trees, other than those located in the downtown core area
(defined that bordered Manzanita, Oak, Front through 6`h Streets) shall be
continuing obligation of the abutting property owner.
00.00.110 Street Tree Plans
Submittal.
39
Subdivisions and Partitions -Street tree planting plans shall be submitted
to the Landscape Review Committee for review and approval prior to the
filing of a final subdivision or partition plat.
2. Commercial, industrial, Parking lots, and Multi-Family Residential
Development Landscape plans, to include street tree planting as may be
required by this ordinance, shall be submitted to the Landscape Review
Committee for review and approval prior to the issuance of a building
permit.
2. Street Tree Plan Content. At a minimum, the street tree planting should:
Indicate all existing trees, noting location, species, size (caliper and
height) and condition;
2. Indicate whether existing trees will be retained, removed, or relocated;
3. Indicate the measures to betaken during site development to ensure the
protection of existing trees to be retained;
4. Indicate the location, species, and size (caliper and height) of street trees to
be planted; and
Indicate the location of proposed and existing utilities and driveways.
Indicated the location ofrights-of--way, existing structures, driveways, and
existing trees including their species, size, and condition, within twenty
feet of the subject site.
00.00.120 Street Tree Plantine
Residential subdivisions and partitions
Planting Schedule. Street trees required of residential subdivisions and
partitions shall be installed prior to Submittal of a final subdivision plat or
partition plat. As an alternative the applicant may file a surety bond or
other approved security assure the planting of the required street trees, as
prescribed in the Central Point Municipal Code.
Commercial, Industrial, Multi-Family, Parking Lot Development -
Planting Schedule. Street trees required of a commercial, industrial, multi-
family, or parking lot development shall be installed at the time all other
required landscaping is installed.
40
00.00.130 Street Tree Maintenance
Street trees shall be continually maintained, including necessary watering, wedding,
pruning and replacement, by the developer or property owner for one full growing season
following planting, or as maybe required by the City.
Section 2. Amendments to Municipal Code
00.00.140 Street Tree Maintenance
Street trees shall be continually maintained, including necessary watering, weeding,
pruning and replacement, by the developer for one full growing season following planing,
or as may be required by the City.
BOTANICAL NAME
• Almira Norway maple
• Acer platanoides `Globosum'
* * Acer platanoides var.
** Acer rubrum "Armstrong"
** Acer rubrum "Deric"
** Acer rubrum "Scanlon"
** Acer saccharum columnare
** Acer saccharum monumentale
** Carpinus betulus var
Celtis canadensis
Cercis canadensis
Cladrastis lutea
Crataegus lavallei
Crataegus monogyna `Stricta'
Crataegus phaenopyrum
** Fraxinus oxycarpa `Flame'
Fraxinus excelsior `Globehead'
Fraxinus excelsior `Rancho'
** Fraxinus pennsylvania `Lanceolata'
Ginko biloba (males only)
** Gleditsia triacanthos `Shademaster'
Koelreuteria paniculata
Ligustrum japonicum
COMMON NAME
Acer platanoides `Almira'
Globe-head Norway maple
Norway maple
Armstrong Red maple
Deric Red Maple
Scanlon Red Maple
Newton Sentry sugar maple
Temple's upright sugar maple
European hornbeam
Common hackberry
Eastern redbud
Yellowwood
Lavalle hawthorn
Pyramidal hawthorn
Washington hawthorn
Flame Ash
Globe-head European ash
Rancho roundhead ash
Marshall's seedless ash
Ginko
Shademaster honey locust
Goldenrain Tree
Lauris nobilis Sweet
bay
Wax leaf privet
Liquiedambar styraciflua
American sweetgum
Liriodendron tulipifera Tulip
Q~
Malus baccata `Columaris'
Malus species
Oxydendrum arboreum
Prunus sargentii
tree
Magnolia gradiflora
Southern Magnolia
Columnar Siberian crab
Ornamental crabapples
Sourwood
** Pistacia chinensis
Chinese pistache
Sargent cherry
Pyrus calleryana
pear
Quercus coccinea
oak
Quercus ilex
oak
Quercus robur
English oak
** Quercus rubra
oak
Sophorajaponica
Japanese pagoda tree
Styrax jaonicus
Japanese snowbell
Tilia oordata
leaf linden
Small stature trees that usually remain below overhead utility lines
Gallery
Scarlet
Holly
Red
Little-
** Larger stature trees with multi-limb structure which could be pruned and
shaped around overhead utility lines.
NON-RECOMMENDED STREET TREES
The following street trees are not recommended for use as street trees in that they may exhibit
one or more of the following characteristics: 1) invasive root systems; 2) strong surface roots
which tend to heave sidewalks; 3) weak wood; 4) weeping branches which cause visibility
problems; or 5) susceptible to insect damage. Use of these trees may be permitted under special
circumstances, and only after approval is granted by the Landscape Review Committee.
BOTANICAL NAME
Acer macrophyllum
Aesculus species
Betula species
COMMON NAME
Big Leaf Maple
Horse Chestnuts
Birch
A~
Fraxinus velutina `Modesto' Modesto Ash
Morus alba Fruitless Mulberry
Platanus acerifolia Sycamore
Quercus palustris Pin Oak
Acer negundo Boxelder
Acer saccharinum Silver Maple
Ailanthus altissima Tree of Heaven
Albizzajulibrissin Silk Tree
Alnus species Alder
Any species Coniferous Trees
Any species Commerical fruit trees
Any species Nut trees
Catalpa species Catalpa
Ginko bilboa (female only) Ginko
Ilex species Holly
Juglans species Walnut
Laburnum watereri Goldenchain Tree
Madura pomifera Osage Orange
Mous alba Fruiting Mulberry
Populus species Cottonwood, Poplar, etc.
Robinia species Locust
Salix species Willow
Sorbus aucuparia Mountain Ash
Ulmus species Elm
Q~
aty or c~ncru Foes
~~iHIRIT «C"
Planning Departmeat
4i
Central Point hereby ordains:
SECTION I: Landscape and Sound Buffering
City of Central Paint
EXHI&T3' t'D'f
Planning Department
A. A ten (10) foot wide buffer planting strip shall be provided at sides and reaz
wherever an Office, Commercial, or Industrial use adjoins a Residential
District.
1. A berm or block wall may be required by the city when the City of
Central Point City Council determines sound will be a detriment to
neighboring Residential Districts.
B. Whenever required vegetation fails to survive it shall be replaced by the
landowner in no less than 30 days once notified by the City of Central Point
Code enforcement officer.
C. There will be a grassed or planted area at least two (2) feet wide between a
property line and a paved private driveway or parking area, except for
Attached and semi-attached dwellings located in R-3 Districts.
D. There will be a buffer planting strip at least four (4) feet wide between the
side of a common driveway or pazking area for mare than two (2) dwelling
units and the property line of adjoining R-I Districts.
E. There will be a grassed or planted area at least four (4) feet wide between the
side of a common driveway and property line except in the case when the
driveway is common to properties on both sides of the property line in which
case the driveway may extend over the property line.
F. A buffer planting strip of at least four (4) feet in width shall be provided
between any parking lot and a street line. Each pazking lot containing
facilities for 50 or more vehicles shall devote a minimum of five (5) percent of
its area, exclusive of required buffers, to interior landscaping.
G. Whenever a Residential use borders a state freeway the developer may be
required by the City of Central Point City Council to build a berm or block
wall to help eliminate sound to the neighboring Residential District.
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