Chapter 17.305 PUBLIC IMPROVEMENTS AND UTILITIES

Chapter 17.305
PUBLIC IMPROVEMENTS AND UTILITIES

Sections:

17.305.040 Utility lines and facilities.

17.305.010 Purpose.

This chapter provides standards for public infrastructure and utilities installed with new development, consistent with the policies of the city of Dundee comprehensive plan and adopted city master plans. The standards are intended to minimize disturbance to natural features, promote energy conservation and efficiency, promote and maintain development impacts on surrounding properties and neighborhoods, and ensure timely completion of adequate public facilities in new development. [Ord. 521-2013 § 3 (Exh. A)].

17.305.020 Applicability.

Standards for the provision and utilization of public facilities or services available within the city of Dundee shall apply to all land developments in accordance with Table 17.305.020. No development permit shall be approved unless the following improvements are provided for prior to occupancy or operation, or unless future provision is assured in accordance with subsection (B) of this section.

Table 17.305.020 Applicability of Public Improvement Requirements
Land Use Activity	Fire Hydrant	Street Improvement	Water Hookup	Sewer Hookup	Storm Drain	Street Lights	Bike Lanes**	Sidewalks
Single-Family Home or Duplex	No*	C-2	Yes	Yes	Yes	No	No	C-2
Multifamily Dwelling	C-1	Yes	Yes	Yes	Yes	Yes	Yes (4+ units)	Yes
New Commercial Building	C-1	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Commercial Expansion	C-1	C-3	Yes	Yes	Yes	Yes	No	C-3
New Industrial Building	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Industrial Expansion	C-1	C-3	Yes	Yes	Yes	Yes	No	C-3
Partition, Subdivision, PUD, Manufactured Dwelling, or Mobile Home Park	C-1	Yes	Yes	Yes	Yes	Yes	Yes	Yes

Legend: No = Not required. *Fire suppression sprinkler system may be required where hydrant standard not met. **Where required by the TSP. Yes = Required C = Conditional, as noted:


C-1.	Fire Hydrants for Commercial, Industrial Expansions, or Multifamily Uses. One or more fire hydrants are required as per the Uniform Building Code and Uniform Fire Code or if adequate fire flows are not available to the site. If the existing water lines are insufficient to provide adequate fire flows, water lines shall be upgraded to provide sufficient capacity.
C-2.	Street Improvements for Single-Family Dwellings. New single-family dwellings, which require a street extension, must provide street improvements to city street standards. For new single-family homes on unimproved rights-of-way, a sidewalk, landscaping strip, curb, gutter, and a minimum width of 20 feet of street paving shall be required. The paving shall comply with city public works standards and begin at the end of the existing street improvement and extend to the farthest point on the property fronting the right-of-way. For new single-family dwellings or significant additions to or remodels of single-family dwellings (as defined in Chapter 17.501 DMC) on improved rights-of-way, sidewalks, curbs and planter strips are required per DMC 17.305.030(H)(3). A sidewalk deferral may be granted by the city administrator and city engineer where they determine that sidewalk improvements will be constructed through a larger project in the future. Significant addition or remodel means the valuation of improvements to an existing structure equal to or exceeding 25 percent of the assessed value of the existing improvements on the site.
C-3.	Street Improvements for Commercial or Industrial Expansions. Lots fronting on county roads must obtain access permits from the Yamhill County public works department. The city will require improvement to full city standards when the use meets any of the following criteria:
	a.	The expanded use generates an average of 100+ trips per day as documented in the Trip Generation Manual of the Institute of Transportation Engineers or other qualified source;
	b.	The expanded use includes at least weekly shipping and delivery trips by vehicles over 20,000 pounds gross vehicle weight; or
	c.	The subject use expands by at least 25 percent.

A. Public Works and Engineering Design Standards. The design of all improvements within existing and proposed rights-of-way and easements, all improvements to be maintained by the city, and all improvements for which city approval is required shall comply with the requirements of the most recently adopted public works design standards of the city of Dundee. Construction of all public streets, sidewalks, and other public utilities shall comply with the minimum requirements of the most recently adopted public works construction standards of the city of Dundee.

B. City Approval of Public Improvements Required. No building permit may be issued until all required public facility improvements are in place and approved by the city engineer, or are otherwise bonded for in a manner approved by the review authority, in conformance with the provisions of this code and the public works design standards. [Ord. 542-2015 § 3 (Exh. B); Ord. 521-2013 § 3 (Exh. A)].

17.305.030 Street standards.

A. Purpose. The purpose of this section is to:

1. Provide for safe, efficient, and convenient multi-modal transportation in the city of Dundee.

2. Provide adequate access to all proposed and anticipated developments in the city of Dundee. For purposes of this section “adequate access” means direct routes of travel between destinations; such destinations may include residential neighborhoods, parks, schools, shopping areas, and employment centers.

3. Provide adequate area in all public rights-of-way for sidewalks, sanitary sewers, storm sewers, water lines, natural gas lines, power lines, and other utilities commonly and appropriately placed in such rights-of-way. For purposes of this section “adequate area” means space sufficient to provide all required public services to standards defined in this code and in the city’s public works design manual, as applicable.

B. Applicability. The provisions of this section apply to:

1. The creation, dedication, or construction of all new public or private streets, bikeways, or access ways in all subdivisions, partitions, or other developments in the city of Dundee.

2. The extension or widening of existing public or private street rights-of-way, easements, or street improvements including those which may be proposed by an individual or the city, or which may be required by the city in association with other development approvals.

3. The construction or modification of any utilities, sidewalks, or bikeways in public rights-of-way or private street easements.

4. The designation of planter strips; the planting of street trees or other landscape materials is subject to Chapter 17.302 DMC.

5. Developments outside the city that tie into or take access from city streets.

C. Street Location. The location, width, and grade of streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed use of the land to be served by the streets. Refer to the city of Dundee transportation system plan and applicable local street network plans for the location of streets.

D. Continuation of Streets. Development proposals shall provide for the continuation of existing streets in accordance with the city of Dundee transportation system plan and applicable local street network plans, if any, and where necessary to promote appropriate traffic circulation in the vicinity of the development.

E. Future Extension of Streets. Where necessary to give access to or permit a satisfactory future development of adjoining land, streets, bikeways and access ways shall be extended to the boundary of a tract being developed and the resulting dead-end streets may be approved without turnarounds. All dead-end streets must meet Fire Code and be approved by the Dundee fire chief. Reserve strips and streets plugs may be required to preserve access.

F. Street Alignment. All streets other than local streets or cul-de-sacs, as far as practical, shall be in alignment with existing streets by continuation of the centerlines thereof. The staggering of street alignments resulting in “T” intersections shall, wherever practical, be avoided. If unavoidable, the “T” intersection shall leave a minimum distance of 200 feet between the centerlines of streets having approximately the same direction. A “T” intersection having less than a 200-foot separation from the centerline of another street shall be subject to the review and approval of the city engineer.

G. Intersection Angles. Streets shall be laid out to intersect at angles as near to right angles as practical except where topography requires a lesser angle. Intersection angles, street curves and curb return radii shall conform to the city’s public works design standards manual.

H. Improvements to Existing Streets.

1. All projects subject to site development review, partition, or subdivision approval must construct a minimum of a three-quarter street improvement to all existing streets adjacent to, within, or necessary to serve the development. The city engineer may waive or modify this requirement where the applicant demonstrates that the condition of existing streets to serve the development meets city standards and is in satisfactory condition to handle projected traffic loads. Where a development has frontage on both sides of an existing street, full street improvements shall be required.

2. The city may allow an applicant to record a “waiver of rights to remonstrance for streets and public utility improvements” in lieu of street improvements when the following criteria are met:

a. The contiguous length of the existing street to be improved (including the portion of the existing streets that must be improved to serve the development) is less than 250 feet;

b. The existing roadway condition and sections are adequate to handle existing and projected traffic loads; and

c. Existing public utilities (water, sanitary sewer and storm sewer) located within the existing roadway are adequate, or can be improved without damaging the existing roadway surface.

3. A waiver of sidewalk, planter strip, and curb improvements is not permitted. A deferral of these improvements may be allowed by the city engineer and city administrator under the conditions specified in subsection (H)(2) of this section and under one of the following conditions:

a. When the improvements conflict with an adopted capital improvement plan;

b. When the improvements would create a safety hazard;

c. When there is not an existing or planned funded sidewalk on adjacent lots for the improvements to connect to; or

d. When the improvements are deemed more appropriate as part of a larger project in the future.

4. Deferrals of sidewalk improvements are not permitted when there is an existing curb along the frontage of the site or the site is abutting an existing curb or sidewalk.

5. Formation of a local improvement district will be required to complete the sidewalk system on one side of a block when that side of the block reaches one of the following thresholds:

a. Deferrals have been approved for 50 percent of the block length; or

b. Sidewalks have been installed on 50 percent of the block length.

6. In lieu of the street improvement requirements outlined under this section, the review authority may elect to accept from the applicant monies to be placed in a fund dedicated to the future reconstruction of the subject street(s). The amount of monies deposited with the city shall be at least 100 percent of the estimated cost of the required street improvements (including associated storm drainage improvements), and may include more than 100 percent of the cost as required for inflation. Cost estimates shall be based from a preliminary design of the reconstructed street provided by the applicant’s engineer and shall be approved by the city engineer. If the review authority elects to accept these monies in lieu of the street improvements, the applicant shall also record against all lots or parcels a “construction deferral agreement and waiver of rights to remonstrance for street and storm drainage improvements” approved by the city attorney. The agreement should be worded such that the subject properties are responsible for paying the full cost of required street improvements along their unimproved street frontages; where the subject properties are located adjacent to a collector or arterial street, local street standards will apply for purposes of determining the street improvement value. The agreement shall also state that the city has the right to collect money owed for the actual construction costs, if actual costs exceed the amount deposited, and that the city will reimburse the property owner(s) if the actual costs are less than anticipated. A separate “waiver of rights to remonstrance” may be required for the future improvement of other public utilities.

I. New Streets. Where new streets are created by a subdivision or partition, full street improvements shall be required. Three-quarter streets may be approved in lieu of full street improvements when the city finds it to be practical to require the completion of the other one-quarter street improvement when the adjoining property is developed; in such cases, three-quarters street improvements may be allowed by the city only where all of the following criteria are met:

1. The adjoining land abutting the opposite side of the street is undeveloped;

2. The adjoining land abutting the opposite side of the street is within the city limits and the urban growth boundary; and

3. Storm water drainage is provided on the noncurbed side of three-quarters street improvements in areas judged by the city engineer to have drainage concerns.

J. Cul-de-Sacs. Cul-de-sacs shall have maximum lengths of 400 feet and serve not more than 18 dwelling units. All cul-de-sacs shall terminate with circular turnarounds. Pursuant to DMC 17.301.030(D)(1), an access way shall connect the cul-de-sac to another street.

K. Street Names. Street names and numbers shall conform to the established pattern in the city and shall be subject to the approval of the city. Street names shall be required for all new publicly dedicated streets and private streets.

L. Grades and Curves. Street grades and curves shall conform to the city’s public works design standards. Where existing conditions, particularly topography, make it otherwise impractical to provide buildable lots, the city engineer may accept steeper grades and sharper curves.

M. Alternative Access Streets. Where a development abuts or contains an existing or proposed arterial street, the city may require that access be from another alternative, such as an alley or frontage street. In such cases, the city may also require screening and landscape buffering pursuant to DMC 17.302.060 for adequate protection of residential properties and separation of through and local traffic.

N. Clear Vision Areas. Clear vision areas shall be maintained on corner lots at the intersection of all public streets and at the intersections of a public street with a private street pursuant to DMC 17.301.040.

O. General Right-of-Way and Street Improvement Widths. The street design standards in the Dundee public works design standards apply to public streets, bikeways and sidewalks in the city of Dundee. These standards shall be the minimum requirements, except where modifications are permitted under subsection (P) of this section or upon approval of an engineering design modification request granted by the city engineer.

P. Modification of Street Right-of-Way and Improvement Width. The planning official, pursuant to the Type II review procedures of DMC 17.401.030, may allow modification to the public street standards of subsection (O) of this section, when the criteria in both subsections (P)(1) and (2) of this section are satisfied:

1. The modification is necessary to provide design flexibility in instances where:

a. Unusual topographic conditions require a reduced width or grade separation of improved surfaces; or

b. Lot shape or configuration precludes accessing a proposed development with a street which meets the full standards of this section; or

c. A modification is necessary to preserve trees or other natural features determined by the city to be significant to the aesthetic character of the area; or

d. A planned unit development is proposed and the modification of street standards is necessary to provide greater privacy or aesthetic quality to the development.

2. Modification of the standards of this section shall only be approved if the city engineer finds that the specific design proposed provides adequate vehicular access based on anticipated traffic volumes.

Q. Private Streets. Private streets shall only be allowed where the applicable criteria of Chapter 17.301 DMC are satisfied, and shall comply with the following:

1. Private streets shall have a minimum easement width of 25 feet and a minimum paved or curbed width of 20 feet.

2. Unless otherwise specified in the public works design standards manual, all private streets serving four or more dwelling units shall be constructed to the same pavement depth specifications required for public streets. Provision for the maintenance of the street shall be provided in the form of a maintenance agreement, homeowners association, or other instrument acceptable to the city attorney.

3. A turnaround shall be required for any private residential street that has only one outlet and that exceeds 150 feet in length, or which serves more than two residences. Nonresidential private streets serving more than one ownership, if in excess of 200 feet in length and having only one outlet, shall provide a turnaround. Turnarounds for private streets shall be circular with a minimum paved radius of 35 feet.

4. The city may require provision for the conversion of a private street to a public street, and/or the dedication and future extension of a public street connecting to a private street, consistent with the city of Dundee transportation system plan and any adopted local street network plan.

R. Transit Improvements. Development proposals for sites that include or are adjacent to existing or planned transit facilities, as shown in the Dundee transportation system plan or adopted regional transit plan, shall be required to provide any of the following, as applicable and as the review authority advises:

1. Reasonably direct pedestrian connections between the transit facility and building entrances of the site. For the purpose of this section “reasonably direct” means a route that does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out-of-direction travel for users.

2. A transit passenger landing pad accessible to disabled persons.

3. An easement or dedication for a passenger shelter or bench if such facility is identified in an adopted plan.

4. Lighting at the transit facility.

S. Transportation Impact Analysis (TIA).

1. Purpose. The purpose of this section of the code is to implement Section 660-012-0045(2)(b) and (e) of the State Transportation Planning Rule that requires the city to adopt standards to protect the future operations of roadways and transit corridors and a process to apply conditions to development proposals in order to protect and minimize adverse impacts to transportation facilities. This section establishes when a TIA must be submitted with a development application in order to determine whether conditions are needed to minimize impacts to and protect transportation facilities; what must be addressed in a TIA; and who is qualified to prepare the analysis. Where a TIA is required, approval criteria will ensure that there are adequate facilities for both motorized and nonmotorized modes of transportation.

2. Applicability. A TIA shall be required to be submitted along with a land use application if the proposal is expected to involve one or more of the following:

a. The proposed development would generate 40 or more PM peak-hour trips. This applicability requirement may be waived by the city engineer if:

i. A previous traffic study adequately addresses the proposal;

ii. Completed off-site and frontage improvements adequately mitigate traffic impacts; or

iii. The proposed use is not adjacent to an intersection that is functioning at a poor level of service.

b. The proposed development would generate less than 40 PM peak-hour trips but the proposed development is immediately adjacent to an intersection that is functioning at a poor level of service, as determined by the city engineer.

c. An increase in use of any direct property approach road to Highway 99W by 10 vehicles or more per day that exceed 20,000 pounds gross vehicle weight.

d. A new direct approach to Highway 99W is proposed.

e. A proposed development or land use action that the road authority states may contribute to operational or safety concerns on its facility(ies).

f. An amendment to the Dundee comprehensive plan or zoning map is proposed.

3. Requirements.

a. Preapplication Conference. For proposals that meet one or more of the thresholds in subsection (S)(2) of this section, the applicant shall attend a preapplication meeting in order to coordinate with the city engineer, and ODOT as necessary, to discuss the scope of a required TIA prior to submitting an application. ODOT will be invited to participate in the preapplication conference when an approach road to Highway 99W serves the subject property to ensure the completed TIA meets the requirements of both agencies.

b. Preparation. The TIA shall be prepared by an Oregon registered professional engineer qualified to perform traffic engineering analysis and will be paid for by the applicant.

c. Typical Average Daily Trips and Peak Hour Trips. The latest edition of the Trip Generation Manual, published by the Institute of Transportation Engineers (ITE), shall be used to gauge PM peak hour vehicle trips, unless the city engineer approves an alternative trip generation study or method to determine the average daily and peak hour trips of a proposed development.

d. Intersection-Level Analysis. Intersection-level analysis shall occur at intersections identified in the preapplication conference involving the applicant, city engineer, and ODOT staff as necessary, pursuant to subsection (S)(3)(a) of this section.

e. Transportation Planning Rule Compliance. The requirements of the Transportation Planning Rule shall apply to those land use actions that significantly affect the transportation system, as defined by OAR 660-012-0060.

4. Study Area. The following facilities shall be included in the study area for all transportation impact analyses:

a. All site-access points and intersections (signalized and unsignalized) adjacent to the proposed development site. If the site fronts an arterial or collector street, the analysis shall address all intersections and driveways along the site frontage and within the access spacing distances in the TSP extending out from the boundary of the site frontage.

b. All roads through and adjacent to the site.

c. All intersections needed for signal progression analysis.

d. In addition to these requirements, the city engineer may require analysis of any additional intersections or roadway links that may be affected by the proposed development.

5. Analysis Periods. To adequately assess the impacts of a proposed land use action, the following study periods, or horizon years, should be addressed in the transportation impact analysis where applicable:

a. Existing year.

b. Project Completion Year, Background (No-Build) Conditions. The conditions in the year in which the proposed land use action will be completed and occupied, but without the expected traffic from the proposed land use action. This analysis should account for all city approved developments that are expected to be fully built out in the project completion year, as well as all planned transportation system improvements.

c. Project Completion Year, Full Build-Out. The background condition plus traffic from the proposed land use action assuming full build-out and occupancy.

d. Phased Years of Completion. If the project involves construction or occupancy in phases, the applicant shall assess the expected roadway and intersection conditions resulting from major development phases. Phased years of analysis will be determined in coordination with city staff.

e. Twenty-Year or TSP Horizon Year. For planned unit developments, comprehensive plan amendments or zoning map amendments, the applicant shall assess the expected future roadway, intersection, and land use conditions as compared to approved comprehensive planning documents.

6. Approval Criteria. When a TIA is required, a proposal is subject to the following criteria, in addition to all criteria otherwise applicable to the underlying proposal:

a. The analysis complies with the requirements of subsection (S)(3) of this section;

b. The analysis demonstrates that adequate transportation facilities exist to serve the proposed development or identifies mitigation measures that resolve identified traffic safety problems in a manner that is satisfactory to the city engineer and, when state highway facilities are affected, to ODOT;

c. For affected nonhighway facilities, the TIA establishes that level of service standards adopted by the city have been met; and

d. Proposed public improvements are designed and will be constructed to the street standards specified in this section and to the access standards in Chapter 17.301 DMC.

7. Conditions of Approval. The city may deny, approve, or approve a development proposal with conditions necessary to: meet operational and safety standards; provide the necessary right-of-way for improvements; and to require construction of improvements to ensure consistency with the future planned transportation system. 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 transportation facilities. Findings in the development approval shall indicate how the required improvements directly relate to and are roughly proportional to the impact of development.

T. Planter Strips in Commercial Zones. Planter strips in commercial zones are not required to be entirely landscaped. The strips may include hardscape such as street furniture, other pedestrian amenities, and tree wells, in place of or in addition to standard landscaping. [Ord. 542-2015 § 3 (Exh. B); Ord. 521-2013 § 3 (Exh. A)].

17.305.040 Utility lines and facilities.

A. Purpose. The purpose of this section is to provide adequate services and facilities appropriate to the scale and type of development.

B. Applicability. This section applies to all new development where extension or improvement of water, sanitary sewer, storm drainage, or private utilities is required to serve the development or use of the subject property.

C. General Standards.

1. The design and construction of all improvements within existing and proposed rights-of-way and easements, all improvements to be maintained by the city, and all improvements for which city approval is required shall conform to the city’s public works design standards.

2. The location, design, installation and maintenance of all utility lines and facilities shall be carried out with minimum feasible disturbances of soil and site. Installation of all proposed public and private utilities shall be coordinated by the developer and be approved by the city to ensure the orderly extension of such utilities within public right-of-way and easements.

D. Standards for Water Improvements. All development that has a need for water service shall install the facilities pursuant to the requirements of the city and all of the following standards. Installation of such facilities shall be coordinated with the extension or improvement of necessary sanitary sewer and storm drainage facilities, as applicable.

1. All developments shall be required to be linked to existing water facilities adequately sized to serve their intended area by the construction of water distribution lines, reservoirs and pumping stations which connect to such water service facilities. All necessary easements required for the construction of these facilities shall be obtained by the developer and granted to the city pursuant to the requirements of the city.

2. Specific location, size and capacity of such facilities will be subject to the approval of the city engineer with reference to the applicable water master plan. All water facilities shall conform with existing city pressure zones and shall be looped where necessary to provide adequate pressure and fire flows during peak demand at every point within the system in the development to which the water facilities will be connected. Installation costs shall remain entirely the developer’s responsibility.

3. The design of the water facilities shall take into account provisions for the future extension beyond the development to serve adjacent properties, which, in the judgment of the city, cannot be feasibly served otherwise.

4. Design, construction and material standards shall be as specified by the city engineer for the construction of such public water facilities in the city.

E. Standards for Sanitary Sewer Improvements. All development that has a need for sanitary sewers shall install the facilities pursuant to the requirements of the city and all of the following standards. Installation of such facilities shall be coordinated with the extension or improvement of necessary water services and storm drainage facilities, as applicable.

1. All septic tank systems and on-site sewage systems are prohibited.

2. All properties shall be provided with gravity service to the city sanitary sewer system, except for lots that have unique topographic or other natural features that make gravity sewer extension impractical as determined by the city engineer. Where gravity service is impractical, the developer shall provide all necessary pumps/lift stations and other improvements, as determined by the city engineer.

3. All developments shall be required to be linked to existing sanitary sewer collection facilities adequately sized to serve their intended area by the construction of sewer lines which connect to existing adequately sized sewer facilities. All necessary easements required for the construction of these facilities shall be obtained by the developer and granted to the city pursuant to the requirements of the city.

4. Specific location, size and capacity of sewer facilities will be subject to the approval of the city engineer with reference to the applicable sewer master plan. All sewer facilities shall be sized to provide adequate capacity during peak flows from the entire area potentially served by such facilities. Installation costs shall remain entirely the developer’s responsibility.

5. Temporary sewer service facilities, including pumping stations, will be permitted only if the city engineer approves the temporary facilities, and the developer provides for all facilities that are necessary for transition to permanent facilities.

6. The design of the sewer facilities shall take into account provisions for the future extension beyond the development to serve upstream properties, which, in the judgment of the city, cannot be feasibly served otherwise.

7. Design, construction and material standards shall be as specified by the city engineer for the construction of such sewer facilities in the city.

8. Prior to acceptance of the sanitary sewer system by the city, the sewers shall be flushed and inspected by the city as required by the public works design standards or the public works construction standards. All costs shall be borne by the developer.

F. Street Lights. All developments shall include underground electric service, light standards, wiring and lamps for street lights according to the specifications and standards of the public works design standards. The developer shall install all such facilities and make the necessary arrangements with the serving electric utility as approved by the city. Upon the city’s acceptance of the public improvements associated with the development, the street lighting system, exclusive of utility-owned service lines, shall be and become property of the city unless otherwise designated by the city through agreement with a private utility.

G. Private Utilities. All new and existing development which has a need for private utilities, including but not limited to electricity, gas, communication and cable television, shall install them pursuant to the requirements of the district or company serving the development, and consistent with all of the following standards:

1. Except as otherwise provided herein, all new and existing utility lines, cables or wires, including but not limited to those used for electricity, communication, street lighting, and cable television, which are on or adjacent to land partitioned, subdivided or developed within the city of Dundee after the effective date of this code, shall be required to be placed underground. Where undergrounding of utilities is required it shall extend to the next available property, which may require crossing an adjacent street or driveway underground. The intent of this provision is to require the undergrounding of utilities with new development, or to reasonably provide for the transition to an underground system over time through a combination of new development and capital projects.

2. Exceptions. Aboveground facilities shall be permitted for the following in which case the above provisions shall not apply:

a. Emergency installations or electric transmission lines or through feeders operating at distribution voltages which act as a main source of supply to primary lateral and to direct connected distribution transformers and primary loads. Should it be necessary to increase the capacity of such power transmission facilities for service to the area, such new or revised installations shall be made only on rights-of-way or easements on which existing overhead facilities exist at the time of such capacity increase.

b. Appurtenances and associated equipment such as surface-mounted transformers, pedestal-mounted terminal boxes, meter cabinets, telephone cable closures, connection boxes and the like.

c. Structures without overhead wires, used exclusively for fire alarm boxes, street lights, or municipal equipment installed under the supervision and with the approval of the city engineer.

d. Power substations, pumping plants, and similar facilities necessary for transmission or distribution of utility services shall be permitted subject to compliance with all zoning regulations and other applicable land use regulations. Where project plans or conditions of approval associated with an aboveground facility provide for landscaping or screening, such plans shall be subject to review and approval by the city planning official and city engineer prior to any construction being started.

e. Television antennas.

f. The city may approve overhead power lines for certain industries requiring exceptionally large power supplies.

g. If existing overhead utilities within or adjacent to the development total less than 300 linear feet, the city may allow the applicant to record an approved “construction deferral agreement and waiver of rights to remonstrance for private utility improvements” in lieu of relocating existing private utilities underground at the time of development.

3. Information on Development Plans. The developer or subdivider shall show on the development plan or in his explanatory information easements for all underground utility facilities. Plans showing the location of all underground facilities as described herein shall be submitted to the city engineer for review and approval. Care shall be taken in all cases to ensure that aboveground equipment does not obstruct vision clearance areas for vehicular traffic.

4. Future Installations. The owner(s) or contract purchaser(s) of subdivided real property within a subdivision shall, upon conveyance or transfer of any interest including a leasehold interest in or to any lot or parcel of land, provide in the instrument conveying such interest a covenant running with and appurtenant to the land transferred under which grantee(s) or lessee(s), their heirs, successors, or assigns mutually covenant not to erect or allow to be erected upon the property conveyed any overhead utility facilities, including electric, communication, and cable television lines, poles, guys, or related facilities, except such facilities as are exempt from underground installation under this title or are owned or operated by the city. Such covenant shall require grantees to install, maintain, and use underground electric, telephone, cable television, or other utility services used or to be used to serve the premises. A copy of the covenant shall be submitted with the final plats.

H. Easements. Easements for public and private utilities shall be provided as deemed necessary by the city, special districts, and utility companies. Easements for special purpose uses shall be of a width deemed appropriate by the responsible agency. Such easements shall be recorded on easement forms approved by the city and designated on the final plat of all subdivisions and partitions. Minimum required easement width and locations are as provided in Table 17.305.040(H).

Table 17.305.040(H) Easements
Easement Type	Minimum Width	Location
Water	20 feet	(1)(2)
Sewer	20 feet	(1)(2)
Storm (piped)	20 feet	(1)(2)
Storm (other)	(5)	(5)
Private utility	5 feet (parallel)	(3)(4)
Private utility	10 feet (other)	(1)

Notes:

(1) Centered on utility line.

(2) Centered on property line, where possible.

(3) Property lines fronting existing or proposed street rights-of-way.

(4) Measured from edge of right-of-way.

(5) Determined on a case-by-case basis.

[Ord. 521-2013 § 3 (Exh. A)].

17.305.050 Storm drainage.

A. Purpose. The purpose of this section is to provide for the drainage of surface water from all residential, commercial and industrial development; to minimize erosion; and to reduce degradation of water quality due to sediments and pollutants in storm water runoff.

B. Applicability. The provisions of this section apply to all developments subject to site development review or land division review and to the reconstruction or expansion of such developments that increases the flow or changes the point of discharge to the city storm drainage system. Additionally, the provisions of this section shall apply to all drainage facilities that impact any public storm drain system, public right-of-way or public easement, including but not limited to off-street parking and loading areas.

C. General Requirement. All storm water runoff shall be conveyed to a public storm sewer or natural drainage channel having adequate capacity to carry the flow without overflowing or otherwise causing damage to public and/or private property. The developer shall pay all costs associated with designing and constructing the facilities necessary to meet this requirement.

D. Plan for Storm Drainage and Erosion Control. No construction of any facilities in a development included in subsection (B) of this section shall be permitted until an engineer registered in the state of Oregon and approved by the city prepares a storm drainage and erosion control plan for the project. This plan shall contain at a minimum:

1. The methods to be used to minimize the amount of runoff, siltation, and pollution created from the development both during and after construction.

2. Plans for the construction of storm sewers, open drainage channels, and other facilities that depict line sizes, profiles, construction specifications, and other such information as is necessary for the city to review the adequacy of the storm drainage plans.

3. Design calculations shall be submitted for all drainage facilities. These drainage calculations shall be included on the site plan drawings and shall be stamped by a licensed professional engineer in the state of Oregon. Peak design discharges shall be computed using the rational formula and based upon the design criteria outlined in the public works design standards for the city.

E. Development Standards. Development subject to this section shall be planned, designed, constructed and maintained in compliance with the city of Dundee public works design standards. [Ord. 521-2013 § 3 (Exh. A)].