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For purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section.

Access connection. The area located within the public right-of-way that provides for the movement of vehicles to or from a development site onto and from the vehicular travel way of the public transportation system.

Access connection spacing. The distance between connections, measured from the closest edge of pavement of the first connection to the closest edge of pavement of the second connection along the edge of the traveled way.

Access ramps. The sloped area and landing immediately adjacent to the public way that allows access to the public way by individuals with disabilities under the American with Disabilities Act (“ADA”).

Bancroft Bonding Act. ORS 223.205 and 223.210 to 223.295 or any succeeding statutory provisions or amendments thereto.

Building official. The person designated by the city manager to carry out the duties of the city’s building official under this code, or the building official’s designee.

Capital improvement(s). Public facilities or assets used for any of the following:

(a) Water supply, treatment and distribution;

(b) Wastewater, including collection, transmission, treatment and disposal;

(c) Stormwater, including pollution reduction, drainage and flood control;

(d) Transportation, including but not limited to streets, sidewalks, bike paths, traffic signals and control devices, street lights, street trees, public transportation, vehicle parking, and bridges; or

(e) Parks and recreation, including but not limited to, mini-neighborhood parks, neighborhood parks, community parks, and other recreational facilities.

Conflict point. The point of potential collision where vehicle paths cross, merge into or diverge with one another, pedestrians or bicycles.

Controlled Intersection. An intersection that has a traffic signal.

Cul-de-sac. A dead-end street intended for local traffic that terminates with a bulb or other turnaround for use by appropriate vehicles, including emergency vehicles.

Department. The public works department or such other department of the city designated by the city manager.

Development. Only as used in sections 7.700 to 7.740, means conducting a building or mining operation, or making a physical change in the use or appearance of a structure or land, which increases the need for additional capital improvements.

Development permit. Only as used in sections 7.700 to 7.740, a permit approved and/or issued by the public works department for the purpose of development within public ways.

Development site. A tract of land under common ownership or control, either undivided or consisting of two or more contiguous lots of record.

Driveway. The area located outside of the public right-of-way that abuts the access connection and allows for vehicles to move to or from a development site. For purposes of the S-JW Jefferson Westside Special Area Zone provisions at EC 9.3600 through 9.3640, a surface area that is intended, prepared, or used for vehicle access to and about a lot.

Duplex. A building designed or used as dwellings for 2 families living independently of each other and having separate housekeeping facilities for each family that are connected either by common walls or common ceiling/floor connection. A building is not a duplex if one of the dwellings is an accessory dwelling.

Dwelling unit. A facility designed for permanent or semi-permanent occupancy by a single family and provided with minimum kitchen, sleeping and wastewater facilities.

Easement. A grant of one or more property rights by a property owner to or for use by the public, or another person or entity.

Flood control design storm. A theoretical storm for evaluating the capacity of the storm drainage system and designing improvements for the required level of protection, in accordance with the Design Standards for Stormwater Facilities in Public Improvement Projects.

Franchisee. Any person using the public way under authority of a special ordinance granting that person the privilege of using the public way for a fee and upon conditions.

Improvement fee. A fee for costs associated with capital improvements to be constructed after the date the fee is adopted pursuant to section 7.705.

Intersection influence area. That area beyond the physical intersection of two rights of way that comprises the upstream decision and maneuver distance, plus any required vehicle storage length, and the downstream recovery distance of the primary street, and the protected corner clearance distance of the secondary street.

Local improvement. Any project or service or part thereof undertaken by the city where all or part of the costs are borne by local assessments levied against parcels of real property which provides a special benefit only to specific parcels or rectifies a problem caused by specific parcel(s). Such local improvements may include, but are not limited to, a street, sidewalk, street light, underground utility, wastewater or storm sewerage facility, water utility facility, off-street motor vehicle parking facility, flood control facility, park, playground or neighborhood recreation facility.

Owner. An individual, association, partnership or corporation having legal or equitable title to land other than legal title held only for purposes of security. For the purposes of notice, the owner may be determined using the latest Lane County assessment roll.

Partially controlled intersection. An intersection that has one or more stop signs or yield signs.

Primary street. The street with the higher street classification of two intersecting streets.

Public improvement. Any improvement which upon construction and acceptance by the city shall become the city’s asset and responsibility to maintain, repair or replace. Public improvement includes but is not limited to a local improvement or other structure or facility constructed upon or under a public way or private property.

Public way. Any street, road, alley, right-of-way, pedestrian or bicycle easement, storm drainage easement, wastewater or sanitary sewer easement or other utility easement for public use which is controlled by the city, county or state.

Qualified public improvements. A capital improvement that is:

(a) Required as a condition of development approval;

(b) Identified in the plan adopted pursuant to subsection 7.715(2); and either

(c) Not located on or contiguous to property that is the subject of development approval (See subsection 7.730(1) for definition of “contiguous.”); or

(d) Located in whole or in part on or contiguous to property that is the subject of development approval and required to be built larger or with greater capacity than is necessary for the particular development project to which the improvement fee is related. (See subsection 7.730(1) for definition of “contiguous.”)

Reimbursement fee. A fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted pursuant to section 7.705, for which the city determines that capacity exists.

Residential Assessment Unit. A unit of measure, for purposes of assessing residential property for street improvement under chapter 7 of this code, equivalent to the uniform benefit of a property developed with a single-family dwelling, duplex or triplex.

Restricted movement access connection. An access connection that is designed to prevent certain turning movements of vehicles traveling to or from the public right of way.

Sanitary sewer. A sewer which carries wastewater, into which stormwater is not intentionally admitted.

Secondary street. The street with the lower street classification of two intersecting streets.

Sewer. A pipe or a conduit for carrying wastewater or stormwater.

Sidewalk. The improved part of a street right-of-way between the curb lines or the lateral lines of a roadway and the adjacent property lines that is intended for pedestrian use.

Stormwater. Water runoff that originates as precipitation on a particular site, basin, or watershed.

Stormwater management facility. Any structure or configuration of the ground that is used or, by its location, becomes a place where stormwater flows or is accumulated, including but not limited to, pipes, sewers, curbs, gutters, manholes, catch basins, ponds, open drainage ways, runoff control facilities, wetlands, and their accessories.

Street light. Fixed lighting of the public right of way for both vehicles and pedestrians.

Street tree. A living, standing tree with a trunk diameter or, for trees with multiple trunks, a cumulative trunk diameter, of at least at least 1-1/2 inches at a point six inches above mean ground level at the base of the trunk, and that is located within the public street right-of-way, or shown on an approved street tree plan.

Systems development charge. A reimbursement fee, an improvement fee or a combination thereof imposed or collected at any of the times specified in section 7.720. It shall also include that portion of a wastewater sewer or storm sewer connection charge that is greater than the amount necessary to reimburse the city for its average cost of inspecting and installing connections with wastewater sewer facilities and stormwater sewer facilities.

Warranty period. The period of time set forth in the permit that follows construction and City-acceptance of a privately engineered public improvement during which the permittee must take all actions necessary to maintain said improvement and make all needed repairs or replacements.

Wastewater. Water-carried human, animal or industrial waste together with such stormwater as may be present.

Wastewater sewer. A sewer which carries wastewater, into which stormwater is not intentionally admitted.

Water quality design storm. A theoretical storm for estimating the amount of stormwater runoff to be treated. Facilities designed to store and treat a volume of stormwater shall be sized in accordance with the Design Standards for Stormwater Facilities in Public Improvement Projects.

(Section 7.010 amended by Ordinance No. 18708, enacted September 22, 1980; Ordinance No. 19342, enacted July 17, 1985, effective August 17, 1985; Ordinance No. 19393, enacted July 28, 1986, effective January 28, 1987; Ordinance No. 19482, enacted June 10, 1987; Ordinance No. 19653 enacted November 22, 1989, effective May 22, 1990; Ordinance No. 19733, enacted May 13, 1991, effective July 1, 1991; Ordinance No. 19784, enacted June 24, 1991, effective July 24, 1991; Ordinance No. 19835, enacted April 13, 1992, effective July 1, 1992; Ordinance No. 19827, enacted February 10, 1992, effective August 10, 1992; Ordinance No. 19939, enacted November 17, 1993, effective December 17 1993; Ordinance No. 20056, enacted August 5, 1996, effective September 4, 1996; Ordinance No. 20166, enacted September 15, 1999; Ordinance No. 20177, enacted November 8, 1999, effective December 8, 1999; Ordinance No. 20236, enacted November 26, 2001, effective December 26, 2001; Ordinance No. 20248, enacted April 8, 2002, effective May 9, 2002; Ordinance No. 20390, enacted August 13, 2007, effective September 14, 2007; Ordinance No. 20458, enacted March 8, 2010, effective April 10, 2010; Ordinance No. 20469, enacted December 15, 2010, effective June 17, 2011; Ordinance No. 20594, enacted June 11, 2018, effective July 1, 2018, remanded on November 29, 2018, and provisions administratively removed; and Ordinance No. 20625, enacted January 21, 2020, effective February 22, 2020.)