Chapter 18.40
PUBLIC FACILITY STANDARDS AND CRITERIA
Sections:
Article I. Public Facility Standards and Criteria
18.40.010 Purpose and applicability.
18.40.015 Transportation standards.
18.40.025 Sanitary sewer and water service improvements.
18.40.030 Storm drainage and surface water management facilities.
Article II. Public Improvement Plan Performance
18.40.110 Construction plan approval.
18.40.115 Facility installation.
18.40.120 Performance guarantee and warranty.
Article I. Public Facility Standards and Criteria
18.40.010 Purpose and applicability.
1. Purpose. The standards of this chapter implement the public facility policies of the City of Burns Comprehensive Plan and adopted City master plans.
2. Applicability. This chapter applies to all new development, including projects subject to land division (subdivision or partition) approval and developments subject to site design review where public facility improvements are required. All public facility improvements within the City shall occur in accordance with the standards and procedures of this section.
3. Public Improvement Design Standards. All public facility improvements, including, but not limited to, sanitary sewer, water, transportation, surface water and storm drainage, and parks projects, whether required as a condition of development or provided voluntarily, shall conform to the City of Burns Public Works/Engineering Design Standards Manual (“Design Manual”). Where a conflict occurs between this code and the Manual, the provisions of this code shall govern.
4. Public Improvement Requirement. Improvements required as a condition of development approval, when not voluntarily provided by the applicant, shall be roughly proportional to the impact of the development on public facilities. Findings in the development approval shall indicate how the required improvements directly relate to and are roughly proportional to the impact of development.
The process for public improvement requirements is as follows:
A. All required public improvements shall be specified as conditions of approval within the applicable land use decision.
B. Prior to issuance of building permits for vertical construction or prior to public improvement work within an area proposed for dedication as part of a land division, engineered public improvement plans shall be provided demonstrating conformance with the provisions of this code, the land use approval, and the Design Manual.
C. Prior to planning approval for building permit review for vertical construction or prior to public improvement construction within an area proposed for dedication as part of a land division, the engineered public improvement plans shall be reviewed and approved by the City of Burns Public Works Department. All required public improvement permits shall be issued and the public improvement plan approval shall specify all required improvement inspections to be conducted during the course of construction.
D. Prior to final plat, all required public improvements shall be installed. If final plat is requested prior to all required public improvements being installed, an adequate financial guarantee acceptable to the City Attorney shall be posted to ensure improvement completion.
E. For public improvements required by a development not involving land division, all required public improvements shall be installed prior to certificate of occupancy for any building permit issued thereto. If a certificate of occupancy is requested prior to all required public improvements being installed, an adequate financial guarantee acceptable to the City Attorney shall be posted to ensure improvement completion.
The timing specified in the above requirements may be adjusted by the Public Works Director during or after the land use approval at the Director’s sole discretion. [Ord. 23-887 (Exh. A), 2023]
18.40.015 Transportation standards.
1. General Requirements.
A. Except as provided by subsection (1)(E) of this section, existing substandard streets and planned streets within a proposed development shall be improved and offered for public dedication commensurate with the required right-of-way in accordance with the standards of this chapter as a condition of development approval. For existing substandard streets and planned streets at the boundary of a proposed development, the development-side half of the street shall be improved and offered for public dedication commensurate with the required right-of-way in accordance with the standards of this chapter as a condition of development approval; the approving authority may require eight to 12 feet of travel surface improvement beyond new centerline of the improved street to ensure appropriate travel surface for the remaining street.
B. All street improvements, including the extension or widening of existing streets and public access ways, shall conform to this chapter, and shall be constructed consistent with the City of Burns Engineering Design Standards Manual.
C. All new streets shall be contained within a public right-of-way. Public access ways (e.g., pedestrian ways) may be contained within a right-of-way or a public access easement, as set forth in the land use decision.
D. The purpose of this subsection is to coordinate the review of land use applications with roadway authorities and to implement Section 660-012-0045(2)(e) of the state Transportation Planning Rule, which requires the City to adopt a process to apply conditions to development proposals in order to minimize impacts and protect transportation facilities. The following provisions also establish when a proposal must be reviewed for potential traffic impacts; when a traffic impact analysis must be submitted with a development application in order to determine whether conditions are needed to minimize impacts to and protect transportation facilities; the required contents of a traffic impact analysis; and who is qualified to prepare the analysis.
(1) When a Traffic Impact Analysis is Required. The City or other road authority with jurisdiction may require a traffic impact analysis (TIA) as part of an application for development, a change in use, or a change in access. A TIA shall be required where a change of use or a development would involve one or more of the following:
(a) A change in zoning or a plan amendment designation where the proposed change is expected to impact an existing or planned intersection by 50 or more net p.m. peak hour vehicular trips;
(b) Operational or safety concerns documented in writing by a road authority, such as existing or proposed approaches or access connections that do not meet minimum spacing or sight distance requirements or are located where vehicles entering or leaving the property are restricted, or such vehicles are likely to queue or hesitate at an approach or access connection, creating a safety hazard;
(c) An increase in site traffic volume generation by 300 or more average daily trips (ADT) and a new access to a higher order (highway, arterial, or collector) level roadway is proposed;
(d) An increase in the use of adjacent streets by vehicles exceeding 20,000 pound gross vehicle weights by 50 vehicles or more per day;
(e) A TIA required by ODOT pursuant to OAR 734-051.
(2) Traffic Impact Analysis Preparation. A professional engineer registered by the state of Oregon, in accordance with the requirements of the road authority, shall prepare the traffic impact analysis. The professional engineer shall request a scope of work from applicable transportation facility providers and the TIA shall be conducted in accordance with the scope-of-work or else specifically state in the TIA where analysis diverged from the scope-of-work with an explanation for the divergence. Facility capacity of off-site intersections is required for all intersections described in subsection (1)(D)(1)(a) of this section. All other TIAs required by subsection (1)(D)(1) of this section are limited to the capacity of adjacent intersections, safety issues, and access points to the public transportation system.
E. The Public Works Director may waive or allow deferral of standard street improvements, including sidewalk, roadway, bicycle lane, undergrounding of utilities, and landscaping, as applicable, where one or more of the following conditions in subsections (1)(E)(1) through (1)(E)(3) of this section is met. Where the Public Works Director agrees to defer a street improvement, it shall do so only where the property owner agrees to enter into a deferred improvement agreement in a form acceptable to the City.
(1) The standard improvement conflicts with an adopted capital improvement plan.
(2) The standard improvement would create a safety hazard.
(3) It is unlikely due to the developed condition of adjacent and nearby property that street segment will be improved to current standards in the foreseeable future, and the improvement under consideration does not by itself significantly improve transportation operations or safety.
2. Street Location, Alignment, Extension, and Grades.
A. All new streets, to the extent practicable, shall connect to the existing street network and allow for the continuation of an interconnected street network, consistent with adopted public facility plans and pursuant to subsection (4) of this section, Transportation Connectivity and Future Street Plans.
B. Specific street locations and alignments shall be determined in relation to existing and planned streets and topographic conditions. Streets that are not part of a solely residential development shall be designed to consider the public convenience and safety, and in appropriate relation to the proposed use of the land to be served by such streets.
C. Grades of streets shall conform as closely as practicable to the original (pre-development) topography to minimize grading.
D. New streets and street extensions exceeding a grade of 15 percent over a distance more than 200 feet are prohibited unless they are unavoidable. Where such grades are unavoidable, the City may approve an exception to the 200-foot standard and require mitigation, such as a secondary access for the subdivision, installation of fire protection sprinkler systems in dwellings, or other mitigation to protect public health and safety.
E. Where the locations of planned streets are shown on a local street network plan, the development shall implement the street(s) shown on the plan.
F. Where required local street connections are not shown on an adopted City street plan, or the adopted street plan does not designate future streets with sufficient specificity, the development shall provide street stubs to adjacent developable properties in a manner that would allow future street construction on those properties in conformance to the standards of this code.
G. Existing street-ends that abut a proposed development site shall be extended with the development, unless prevented by environmental or topographical constraints, existing development patterns, or compliance with other standards in this code. In such situations, the applicant must provide evidence that the environmental or topographic constraint precludes reasonable street connection.
H. Proposed streets and any street extensions required pursuant to this section shall be located, designed, and constructed to allow continuity in street alignments and to facilitate future development of vacant or redevelopment of lands.
3. Rights-of-Way and Street Section Widths. The standards contained in Table 18.40.015.1 are intended: to provide for streets of suitable location, width, and design to accommodate expected vehicle, pedestrian, and bicycle traffic; to afford satisfactory access to law enforcement, fire protection, sanitation, and road maintenance equipment; and to provide a convenient and accessible network of streets, avoiding undue hardships to adjoining properties. Where a range of street width or improvement options is indicated, the approving authority shall determine requirements based on evidence in the record and all the following factors:
A. Street classification and requirements of the roadway authority, if different than the City’s street classifications and requirements;
B. Existing and projected facility operations relative to applicable standards for all modes;
C. Safety of motorists, pedestrians, bicyclists, and any transit users, including consideration of accident history;
D. Provision of on-street parking;
E. Placement of utilities;
F. Street lighting;
G. Geotechnical conditions;
H. Surface water management and storm drainage requirements;
I. Emergency vehicles or apparatus and emergency access, including evacuation needs;
J. Transitions between varying street widths (i.e., existing streets and new streets); and
K. Other factors related to public health, safety, and welfare.
|
STREET DESIGN STANDARDS |
|||||
|---|---|---|---|---|---|
|
Classification |
Pavement Width |
ROW Width |
Sidewalks |
Parking |
Minimum Posted Speed |
|
Collector 1 |
40 feet |
60 feet |
6 feet, 2 foot buffer strip |
Both Sides |
25 – 35 mph |
|
Collector 2 |
36 feet |
50 feet |
6 feet, 2 foot buffer strip |
One Side |
25 – 35 mph |
|
Minor Street |
32 feet |
50 feet |
5 feet |
Both Sides |
15 – 25 mph |
|
Minor Street (Alternative in Residential Areas)** |
28 feet |
50 feet |
5 feet + 5 foot park strip (one side) |
Curbside |
15 – 25 mph |
|
Cul-de-Sac |
32 feet |
50 feet |
5 feet |
Both Sides |
15 – 25 mph |
|
Alley |
20 feet |
20 feet |
None |
None |
15 mph |
* All streets shall be improved in accordance with the construction standards and specifications of the applicable roadway authority, including requirements for pavement, curbs, drainage, striping, and traffic control devices. Where a park strip is provided, it shall consist of a minimum five-foot-wide strip between the sidewalk and the curb or roadway. Where a swale is provided, it shall either be placed between the roadway and sidewalk or behind the sidewalk on private property, subject to City approval and recording of required public drainage way and drainage way maintenance easements. Streets with parking on one side only should be avoided. When used, they must be posted NO PARKING.
** The alternative minor street standard in residential areas is an asymmetric cross-section. It has an 11-foot right-of-way area on one side with an open swale and AC driveways to provide a location for drainage and snow storage. The street is designed to drain all to the 11-foot open swale area. For new development areas utilizing this standard, the approving authority will approve which side of the street will have the curb and sidewalk versus the open swale. Where this standard is being extended, the existing pattern shall be continued.
4. Transportation Connectivity and Future Street Plans. The following standards apply to the creation of new streets:
A. Intersections. Streets shall be located and designed to intersect as nearly as possible to a right angle. Street intersections shall have a minimum intersection angle of 75 degrees. All legs of an intersection shall meet the above standard for at least 100 feet back from the point of intersection. No more than two streets shall intersect, i.e., creating a four-legged intersection, at any one point. Street jogs and intersection offsets of less than 200 feet are not permitted (measured centerline-to-centerline). Intersections shall be designed to facilitate stormwater runoff into City-approved stormwater facilities.
B. Access Ways. An access way is required where the creation of a cul-de-sac or dead-end street is unavoidable, and the access way connects the end of the street to another street, a park, or a public access way. Where an access way is required, it shall be within a right-of-way or easement at least 10 feet wide and shall contain a minimum six-foot-wide paved surface or other all-weather surface approved by the Public Works Director. Access ways shall be contained within a public right-of-way or public access easement, as required by the City.
C. Connectivity to Abutting Lands. The street system of a proposed subdivision shall be designed to connect to existing, proposed, and planned streets adjacent to the subdivision. Wherever a proposed development abuts unplatted land or a future development phase of an existing development, street stubs shall be provided to allow access to future abutting subdivisions and to logically extend the street system into the surrounding area. Street ends shall contain turnarounds constructed to Uniform Fire Code standards, as the City deems applicable, and shall be designed to facilitate future extension in terms of grading, width, and temporary barricades. A one-foot-wide control strip shall be granted in fee simple to the City at the end of any street stub.
D. Street Connectivity and Formation of Blocks. In order to promote efficient vehicular and pedestrian circulation throughout the City, subdivisions and site developments shall be served by an interconnected street network, pursuant to the standards in subsections (D)(1) through (D)(3) of this section. Distances are measured centerline-to-centerline. Where a street connection cannot be made due to physical site constraints, approach spacing requirements, access management requirements, existing or planned land uses, or similar restrictions, a pedestrian access way may be required.
(1) Residential zones: minimum of 200-foot block length and maximum of 900-foot length;
(2) General Commercial zone and Business Park zone: minimum of 200-foot length and maximum of 1,200-foot length; maximum 3,200-foot perimeter; and
(3) Not applicable to the Industrial or Open Space zones or within a PF Overlay.
E. Cul-de-Sacs. A cul-de-sac street shall only be used where the approving authority determines that environmental or topographical constraints, existing development patterns, or compliance with other applicable City requirements preclude a street extension or where all block length requirements will be satisfied even with the cul-de-sac. Where the City determines that a cul-de-sac is allowed, all the following standards shall be met:
(1) The cul-de-sac shall not exceed a length of 600 feet, except where the approving authority determines that topographic or other physical constraints of the site require a longer cul-de-sac. The length of the cul-de-sac shall be measured along the centerline of the roadway from the near side of the intersecting street to the farthest point of the cul-de-sac.
(2) The cul-de-sac shall terminate with a circular or hammer-head turnaround meeting the Uniform Fire Code and the standards of Table 18.40.015.1.
(3) The cul-de-sac may be required to provide, or not preclude the opportunity to later install, a pedestrian and bicycle access way between it and adjacent developable lands. Such access ways shall conform to subsection (4)(B) of this section.
F. Future Street Plan. Where a subdivision is proposed adjacent to other developable land, a future street plan shall be filed by the applicant in conjunction with an application for a subdivision in order to facilitate orderly development of the street system. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include other divisible parcels within 600 feet surrounding and adjacent to the proposed land division. The street plan is not binding, but is intended to show potential future street extensions with future development. The plan must illustrate that the proposed development does not preclude future street connections to adjacent development land that could feasibly comply with applicable City standards.
G. Private Streets and Drives. Except where approved as part of a planned unit development pursuant to Chapter 18.20, Article VI, private streets and gated drives shall not be used to satisfy block length and connectivity standards of this ordinance.
5. Engineering Design Standards. Street design shall conform to the standards of the applicable roadway authority; for City streets that is the Engineering/Public Works Design Standards Manual. Where a conflict occurs between this code and the Manual, the provisions of this code shall govern.
6. Fire Code Standards. Proposed streets shall provide access for fire, life, and safety. Where Fire Code standards conflict with City standards, the City shall consult with the Fire Marshal in determining appropriate requirements. The land use decision shall be the final determination regarding applicable standards.
7. Substandard Existing Right-of-Way. Where an existing right-of-way adjacent to a proposed development is less than the standard width, the Planning Commission may require the dedication of additional rights-of-way at the time of subdivision, partition, or site plan review, pursuant to the standards in Table 18.40.015.1.
8. Traffic Calming. The City may require the installation of traffic calming features such as traffic circles, curb extensions, reduced street width (parking on one side), medians with pedestrian crossing refuges, speed tables, speed humps, or special paving to slow traffic in neighborhoods or commercial areas with high pedestrian traffic.
9. Streets Adjacent to Railroad Right-of-Way. When a transportation improvement is proposed within 300 feet of a railroad crossing, or a modification is proposed to an existing railroad crossing, the Oregon Department of Transportation and the rail service provider shall be notified and given an opportunity to comment. Private crossing improvements are subject to review and licensing by the rail service provider.
10. Street Names. No new street name shall be used which will duplicate or be confused with the names of existing streets in the City of Burns or vicinity.
11. Survey Monuments. Upon completion of a street improvement and prior to acceptance by the City, it shall be the responsibility of the developer’s registered professional land surveyor to provide certification to the City that all boundary and interior monuments have been reestablished and protected.
12. Street Signs. The City, county, or state with jurisdiction shall install all signs for traffic control and street names. The cost of signs required for new development shall be the responsibility of the developer. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required.
13. Streetlight Standards. Streetlights shall be relocated or new lights installed, as applicable, with street improvement projects. Streetlights shall conform to City standards, or the requirements of the roadway authority, if different than the City.
14. Mailboxes. Mailboxes shall conform to the requirements of the United States Postal Service and the State of Oregon Structural Specialty Code. [Ord. 23-887 (Exh. A), 2023]
18.40.020 Public use areas.
1. Dedication of Public Use Areas.
A. Where a proposed park, playground, or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the City may require the dedication or reservation of this area on the final plat for the subdivision; provided, that the impact of the development on the City park system is roughly proportionate to the dedication or reservation being made.
B. The City may purchase or accept voluntary dedication or reservation of areas within the subdivision that are suitable for the development of parks and other public uses; however, the City is under no obligation to accept such areas offered for dedication or sale. [Ord. 23-887 (Exh. A), 2023]
18.40.025 Sanitary sewer and water service improvements.
1. Sewers and Water Mains Required. All new development is required to connect to City water and sanitary sewer systems. Sanitary sewer and water system improvements shall be installed to serve each new development and to connect developments to existing mains in accordance with the adopted facility master plans and applicable Engineering/Public Works Design Standards. Where streets are required to be stubbed to the edge of the subdivision, sewer and water system improvements and other utilities shall also be stubbed with the streets, except as may be waived by the Public Works Director where alternate alignment(s) are provided and approved.
2. Sewer and Water Plan Approval. Development permits for sewer and water improvements shall not be issued until the Public Works Director has approved all sanitary sewer and water plans in conformance with City standards.
3. Over-Sizing. The City may require as a condition of development approval that sewer and water lines serving new development be sized to accommodate future development within the area as projected by the applicable facility master plans, and the City may authorize other cost-recovery or cost-sharing methods as provided under state law.
4. Inadequate Facilities. Development permits may be restricted or rationed by the Planning Commission where a deficiency exists in the existing water or sewer system that cannot be rectified by the development and which, if not rectified, will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of domestic water and sewerage treatment systems. Land use approvals may impose requirements such as water booster pumps, sanitary sewer lift stations, and other critical facilities be installed with backup power to address such issues. [Ord. 23-887 (Exh. A), 2023]
18.40.030 Storm drainage and surface water management facilities.
1. General Provisions and Applicability. The City shall issue a development permit only where adequate provisions for stormwater runoff will be made. Developments shall install any on-site improvements identified in the most current version of the City’s Stormwater and Drainage Master Plan.
Storm drainage facilities shall be designed to accommodate the design year storm specified in the most current version of the City’s Stormwater and Drainage Master Plan or the 10-year storm where a design year storm is not specified in the City’s Stormwater and Drainage Master Plan. The City may impose conditions of approval on any development proposal to prevent stormwater impacts on adjacent properties.
Type II, III, and IV land use applications for developments that propose a net increase of new impervious surface of one acre or greater shall provide a preliminary grading and storm drainage plan with an accompanying drainage analysis prepared by an Oregon Registered Professional Engineer. This plan shall demonstrate compliance with the most current version of the City’s Stormwater and Drainage Master Plan and all provisions of this code.
2. Accommodation of Upstream Drainage. Culverts and other drainage facilities installed within the development shall be engineered to be large enough to accommodate existing and potential future runoff from the entire upstream drainage area for the design year storm, whether inside or outside the development.
3. Downstream Drainage Discharge. Stormwater discharge shall either be into a public drainage facility or shall discharge in the same location, manner, and quantity as the pre-development condition. Type II, III, and IV land use applications for developments that propose a net increase of new impervious surface of one acre or greater shall provide a preliminary grading and storm drainage plan with an accompanying drainage analysis prepared by an Oregon Registered Professional Engineer that demonstrates downstream public drainage facilities are adequate in condition and capacity to handle the discharge.
4. Over-Sizing. The City may require as a condition of development approval that sewer, water, or storm drainage systems serving new development be sized to accommodate additional future development within the area as projected by the applicable facility master plan; cost implications of such conditions shall comply with applicable limitations on exactions.
5. Existing Watercourse Easements or Rights-of-Way. Where a proposed development is traversed by a watercourse, drainageway, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way dedicated to the public. The easement or right-of-way width shall be not less than a lateral extension at right angles eight feet distal from the watercourse, drainageway, channel, or stream banks; if there is no discernable bank the easement shall extend 10 feet from the centerline of the watercourse, drainageway, channel, or stream.
6. Engineered Improvement Plans Required. Type II, III, and IV land use applications for developments that propose a net increase of new impervious surface of one acre or greater or developments approved with specific drainage conditions shall provide a final grading and drainage plan prepared by an Oregon registered professional engineer. The grading and drainage plan shall be reviewed and approved by the Public Works Department prior to installation of new drainage facilities. All facility improvements shall be installed with the development in accordance with the approved engineered plans. [Ord. 23-887 (Exh. A), 2023]
18.40.035 Utilities.
The following standards apply to new development where extension of electric power or communication lines is required:
1. General Provision. The developer of a property is responsible for coordinating the development plan with the applicable utility providers and paying for the extension and installation of utilities not otherwise available to the subject property.
2. Underground Utilities.
A. General Requirement. The requirements of the utility service provider shall be met. All utility lines in new subdivisions, including, but not limited to, those required for electric, communication, and lighting, and related facilities, shall be placed underground, except where the approving authority determines that placing utilities underground would not adversely impact adjacent land uses. The approving authority may require screening and buffering of above ground facilities to protect the public health, safety, or welfare.
B. Subdivisions. In order to facilitate underground placement of utilities, the following additional standards apply to all new subdivisions:
(1) The developer shall make all necessary arrangements with the serving utility to provide the underground services. Care shall be taken to ensure that no above ground equipment obstructs vision clearance areas for vehicular traffic, per Section 18.50.220(6).
(2) The City reserves the right to approve the location of all surface-mounted facilities.
(3) All underground utilities installed in streets must be constructed and approved by the applicable utility provider and the Public Works Director prior to the surfacing of the streets.
(4) Stubs for service connections shall be long enough to avoid disturbing the street improvements when future service connections are made.
3. Exception to Undergrounding Requirement. The approving authority for the land use application may grant exceptions to the undergrounding standard where existing physical constraints, such as geologic conditions, streams, or existing development conditions make underground placement impractical or where the development is small in relation to the existing development patterns around the site that all have above-ground utilities. [Ord. 23-887 (Exh. A), 2023]
18.40.040 Easements.
1. Provision. The developer shall make arrangements with the City and applicable utility providers for each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development.
2. Standard. Utility easements shall conform to the requirements of the utility service provider. All other easements shall conform to the City of Burns Engineering Design Standards/Public Works Design Standards.
3. Recordation. All easements for sewers, storm drainage and water quality facilities, water mains, electric lines, or other utilities shall be recorded and referenced on a survey or final plat, as applicable. See Chapter 18.20, Article I, Land Divisions and Property Line Adjustments, and Section 18.20.200, Site design review. [Ord. 23-887 (Exh. A), 2023]
Article II. Public Improvement Plan Performance
18.40.110 Construction plan approval.
No development, including sanitary sewers, water, streets, parking areas, buildings, or other development, shall be undertaken without plans having been approved by the City of Burns, permit fees paid, and permits issued. Permit fees are required to defray the cost and expenses incurred by the City for construction and other services in connection with the improvement. Permit fees are as set by City Council resolution. [Ord. 23-887 (Exh. A), 2023]
18.40.115 Facility installation.
1. Conformance Required. Improvements installed by the developer, either as a requirement of these regulations or at the developer’s option, shall conform to the requirements of this section, approved construction plans, and to improvement standards and specifications adopted by the City.
2. Adopted Installation Standards. The City of Burns has adopted Public Works Design Standards for public improvements and private utility installation within the public right-of-way.
3. Commencement. Work in a public right-of-way shall not begin until all applicable agency permits have been approved and issued.
4. Resumption. If work is discontinued for more than 12 months, it shall not be resumed until the Public Works Director is notified in writing and grants approval of an extension.
5. City Inspection. Improvements shall be constructed under the inspection of the Public Works Director or designee. The Public Works Director may approve minor changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest. Any survey monuments that are disturbed before all improvements are completed by the developer or subdivider shall be replaced prior to final acceptance of the improvements.
6. Engineer’s Certification and As-Built Plans. A registered civil engineer shall provide written certification in a form required by the City that all improvements, workmanship, and materials are in accord with current and standard engineering and construction practices, conform to approved plans and conditions of approval, and are of high grade, prior to City’s acceptance of the public improvements, or any portion thereof, for operation and maintenance. The developer’s engineer shall also provide one hard copy set of “as-built” plans, one electronic set in .pdf and one electronic set in CAD for permanent filing with the City. If required by the City, the developer or subdivider shall provide a warranty bond pursuant to Section 18.40.120. [Ord. 23-887 (Exh. A), 2023]
18.40.120 Performance guarantee and warranty.
1. Performance Guarantee Required. The City at its discretion may approve a final plat or building permit when it determines that at least 25 percent of the public improvements required for the site development or land division, or phase thereof, are complete and the applicant has an acceptable assurance for the 120 percent of the engineer’s estimate of the balance of said improvements. The applicant shall provide a bond issued by a surety authorized to do business in the state of Oregon, irrevocable letter of credit from a surety or financial institution acceptable to the City Attorney, cash, or other form of security acceptable to the City.
2. Determination of Sum. The assurance of performance shall be for a sum determined by the City Engineer as required to cover the cost of the improvements and repairs, including related engineering and incidental expenses, plus reasonable inflationary costs. The assurance shall not be less than 120 percent of the estimated improvement costs.
3. Itemized Improvement Estimate. The applicant shall furnish to the City an itemized improvement estimate, certified by a registered civil engineer, to assist the City in calculating the amount of the performance assurance.
4. Agreement. A written agreement between the City and applicant shall be signed and recorded. The agreement may include a provision for the construction of the improvements in stages and for the extension of time under specific conditions. The agreement shall contain all the following:
A. The period within which all required improvements and repairs shall be completed;
B. A provision that if work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant;
C. The required improvement fees and deposits. [Ord. 23-887 (Exh. A), 2023]