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File #: 16-014    Version: 1
Type: Ordinance First Reading Status: Passed
File created: 5/5/2016 In control: City Council
On agenda: 5/23/2016 Final action: 5/23/2016
Title: Second Reading Engrossed Ordinance Bill No. 6-16, Creating Salem Revised Code Chapter 82, Clearing and Grading Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods
Attachments: 1. Attachment 1: Ch 82 Ord Bill 6-16 ENGROSSED, 2. Attachment 2: Planning Commission Rec Chapter 82, 3. Attachment 3. Memorandum from the City Attorney’s Office
Related files:

TO:                      Mayor and City Council

THROUGH:                      Steve Powers, City Manager

FROM:                      Peter Fernandez, PE, Public Works Director

                                          

SUBJECT:

title

 

Second Reading Engrossed Ordinance Bill No. 6-16, Creating Salem Revised Code Chapter 82, Clearing and Grading

 

Ward(s): All Wards

Councilor(s): All Councilors

Neighborhood(s):  All Neighborhoods

end

 

ISSUE:

 

Shall the City Council engross Ordinance Bill No. 6-16, which adds a new chapter to the Salem Revised Code concerning clearing and grading of land, and conduct second reading for enactment?

 

RECOMMENDATION:

recommendation

 

Engross Ordinance Bill No. 6-16, which adds a new chapter to the Salem Revised Code concerning clearing and grading of land, and conduct second reading for enactment.

 

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SUMMARY AND BACKGROUND:

 

On May 3, 2016, a public hearing on proposed Ordinance Bill No. 6-16 was held before the Planning Commission at which time witnesses were heard and testimony received.  The Planning Commission recommended adoption of the ordinance bill with minor revisions to proposed SRC 82.005(a)(4) and SRC 82.010(b)(10) based on public testimony.

 

FACTS AND FINDINGS:

 

1.                     Public testimony submitted as part of the public hearing process included the following issues:

 

a.                     A group of four citizens submitted written and oral testimony expressing overall support of the ordinance with one objection to the limitations of liability provisions in SRC 82.010.  The City Attorney provided a memorandum (Attachment 3) responding to the objections and recommending the limitation of liability section remain in the ordinance.

 

b.                     The Oregon State Board of Geologist Examiners submitted written testimony requesting that Certified Engineering Geologists be included in the list of certified professionals.  The Engrossed Ordinance Bill No. 06-16 has been modified (SRC 82.050(a)(4) to include engineering geologists and geotechnical engineers in the list of certified professionals.  The Board also requested that the ordinance be modified to expand the role of certified professionals on all projects.  The ordinance was not modified to expand the role of certified professionals.  The ordinance includes prescriptive standards in order to limit the financial impact on developers and property owners where additional technical expertise is not warranted.

 

c.                     The Salem Area Home Builders Association requested clarification about the phrase “segmented walls” in SRC 82.020(b)(10).  The Engrossed Ordinance Bill No. 6-16 has been modified to clarify that use of a certified professional is not required for minor landscape terracing that does not need a building permit.

 

 

                     Robert Chandler, PhD, PE

                     Assistant Public Works Director

 

Attachments:

1. Ordinance Bill No. 16-014

2. Planning Commission Recommendation to Council

3. Memorandum from the City Attorney’s Office

 

05/12/2016