Chapter 16.40
DESIGN STANDARDS AND IMPROVEMENTS
Sections:
16.40.010 Compliance required.
16.40.040 Lots—Size and shape.
16.40.060 Grading of building sites.
16.40.080 Improvement procedures.
16.40.090 Improvements in partitions.
16.40.100 Acceptance of improvements.
16.40.110 Improvement agreement.
16.40.120 Bond, cash deposit or guarantee.
16.40.010 Compliance required.
All land divisions shall be in compliance with the design and constructive standards set forth in this chapter and Jefferson County road standards which are attached to the ordinance codified in this title and incorporated by reference. (Ord. O-160-2000 Exh. B § 7.1, 2000)
16.40.020 Streets.
A. General. The location, width, and grade of streets shall be considered in their relation to existing and planned streets, topographical conditions, public convenience and safety, and the proposed use of land to be served by the streets. The street system shall assure an adequate traffic circulation system with intersection angles, grades, tangents, and curves appropriate for the traffic to be carried over the system considering the terrain. The subdivision shall provide for the continuation of the principal streets existing in an adjoining subdivision or the proper projection of said roads. Where, in the opinion of the hearings body, topographic conditions make such continuation or conformity impractical, an exception may be made. The county may require a master street plan of adjoining neighborhoods or areas and the proposed subdivision access roads shall be designed in accordance with connecting to the master street plan.
B. Future Resubdivision. Where a tract is divided into lots of an acre or more, the hearings body may require an arrangement of lots and streets such as to permit future resubdivision in conformity to the street requirements and other requirements contained in this title.
C. Existing Streets. Whenever existing streets, adjacent to or within a tract, are of inadequate width to accommodate the increase in traffic accepted from the subdivision or by the county’s transportation policies, additional right-of-way shall be provided at the time of the land division or by the applicant. During consideration of the tentative plan for the subdivision or partition, the subdivision committee shall determine whether the improvements to existing streets, adjacent to or with in the tract, are required. If so determined, such improvements shall be required as a condition of approval of the tentative plan. Improvements to adjacent streets shall be required where traffic on said streets shall be directly affected by the proposed subdivision.
D. Minimum Right-of-Way and Roadway Width. The street right-of-way and roadway surfacing widths shall be in conformance with standards and specifications set forth in Jefferson County road standards.
E. Reserve Strips. Reserve strips controlling access to streets shall be required when deemed necessary by the hearings body. All reserve strips shall be indicated on the final plat. Reserve strips shall be numbered in sequence beginning with lot “A.”
F. Future Extension of Streets. When necessary to give access to or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary of the subdivision or partition and the resulting dead-end streets may be approved without a permanent turnaround. Reserve strips shall be required to preserve the objective of street extensions.
G. Frontage Roads. If a land division abuts or contains an exiting or proposed collector or arterial street, the hearings body may require marginal access streets, reverse frontage lots with suitable depth, screen planting or fencing contained in a non-access reservation along the rear or side property line, or other treatment necessary for adequate protection of residential properties and to afford separation of through and local traffic. Provision may be made for emergency access. All frontage roads shall comply with appropriate local road standards.
H. Streets Adjacent to Railroads, Freeways, and Parkways. When the area to be subdivided adjoins or contains a railroad, freeway, or parkway, provision may be required for a street approximately parallel to and on each side of such right-of-way at a distance suitable for use of the land between the street and railroad, freeway and parkway. In the case of a railroad, there shall be a land strip of not less than twenty-five (25) feet in width adjacent and along the railroad right-of-way for screen planting between the railroad right-of-way and residential property. If the intervening property between such parallel streets and a freeway or a parkway is less than eighty (80) feet in width, such intervening property shall be determined with due consideration as cross streets of a minimum distance required for approach grades to a future grade separation and right-of-way widths of the cross street.
I. Continuation of Streets. Subdivisions streets, which constitute the continuation of streets in contiguous territory, shall be aligned so that their centerlines coincide. Where straight-line continuations are not possible, such centerlines shall be continued as curves. These streets or the continuation of streets in contiguous territory may be required by the hearings body where such continuation is necessary to maintain the function of the street in the surrounding area. Where solar orientation would not be possible if the street area continued, a new pattern may be started that is solar oriented.
J. Street Layout. Streets should be oriented on an east/west axis to the greatest possible extent to ensure solar access for lots within the subdivision.
K. Street Names. All proposed street names on the tentative plat should be approved by the county surveyor and prior to recording the final plat. Except for extension of existing streets, no street name shall be used which will duplicate or be confused with the name of an existing street in a nearby city or in the county. Street names and numbers shall conform to the established pattern in the city and county.
L. Sidewalks. Sidewalks shall be installed on both sides of a public street and in any special pedestrian way within all subdivision inside the urban growth boundary. In the case of streets serving residential areas outside the urban growth boundary having single-family dwellings located on lots equivalent to two and one-half or fewer dwellings per acre, the requirement of sidewalks shall not apply.
M. Bicycle Routes. if appropriate to the extension of a system of bicycle routes, existing or planned, the hearings body may require the installation of separate bicycle lanes within streets and/or separate bicycle paths.
N. Intersection Angles. Street intersections shall be as near right angles as possible except where topography requires a lesser angle, but in no case shall the acute angle be less than sixty (60) degrees.
O. Alignment. Intersecting street alignment shall whenever practical, leave a minimum of two hundred (200) feet distance between the centerline of the streets, but in no case be less than one hundred twenty-five (125) feet. (Ord. O-160-2000 Exh. B § 7.2, 2000)
16.40.030 Easements.
A. Utility Easements. Easements shall be provided along property lines when necessary for the placement of overhead or underground utilities, including but not limited to electric power, communication facilities, street lighting, gas lines, or drainage. Such easements shall be labeled “public utility easement” on the tentative and final plat; they shall be at least twelve (12) feet in width and centered on lot lines where possible, except utility pole guy lines easements along the rear of lots adjacent to unsubdivided land may be reduced to ten (10) feet in width.
B. Drainage, if a tract is traversed by a water course, such as a drainage way, channel or steam, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of the watercourse or in such further width as will be adequate for the purpose. Streets or parkways parallel to major watercourses and drainage ways may be required. (Ord. O-160-2000 Exh. B § 7.3, 2000)
16.40.040 Lots—Size and shape.
The size, width, and orientation of lots shall be appropriate for the location of the land division and for the type of development and uses contemplated, and shall be consistent with the lot size provisions of the zoning ordinance, with the following exceptions:
A. In areas not served by a public sewer, no lot shall be created to contain a surface area less than the minimum lot size or a surface area that cannot support an onsite sewerage disposal system and improvements. The subdivider shall be responsible for complying with the requirements of this section, and shall:
1. Obtain a permit from the department of public works for placement of all underground utilities;
2. Make all necessary arrangements with the utility companies and other persons or corporations affected by the installation of such underground utilities and facilities in accordance with the rules and regulations of Public Utility Commission of the state of Oregon. (Ord. O-160-2000 Exh. B § 7.4, 2000)
16.40.050 General provisions.
A. Lighting. The subdivider shall provide underground wiring to county standards and base for any proposed ornamental streetlights at locations approved by the affected utility company.
The purpose of this provision is to make the lighting used for residential and public areas appropriate to the need and to keep the light source (bulb) from shining off-site onto adjacent properties.
1. All external lighting shall contain shielding by design or external application that directs light downward and limits direct line-of-sight of a fixture’s light rays to the property upon which the fixture is installed.
2. Any light source (bulb) shall not be visible at or beyond the property line.
B. Fire Hazards. Whenever possible, a minimum of two points of access to the subdivision shall be provided to assure access for emergency vehicles and ease resident evacuation.
C. Street Tree Planting. Street tree planting plans, if proposed for a subdivision, shall be submitted to the planning director and receive his or her approval before the planting begins.
D. Water/Sewer. All subdivision applications shall provide a statement from the Oregon State Health Division that the proposed domestic water system for the subdivision will be connected to an approved system. If the proposed subdivision will have a private domestic water system, the subdivider shall provide a statement from Oregon State Health Division that the private water system is approved.
Common sewer systems shall conform with the nearest city standards if it is contemplated that, in the future, any portion of the system would be connected to the city’s wastewater treatment facilities. The Oregon State Department of Environmental Quality (DEQ) shall approve the common sewer system. (Ord. O-160-2000 Exh. B § 7.5, 2000)
16.40.060 Grading of building sites.
Grading of building sites shall conform to the following standards unless physical conditions demonstrate the propriety of other standards:
A. Cut slope ratios shall not exceed one foot vertically to one and one-half feet horizontally.
B. Fill slope ratios shall not exceed one foot vertically to two feet horizontally.
C. The composition of soil for fill and the characteristics of lots and parcels made useable by fill shall be suitable for the purpose intended.
D. When filling or grading is contemplated, the subdivider shall submit plans showing existing and finished grades for the approval of the county public works director. In reviewing these plans, the county public works director shall consider the need for drainage and effect of filling an adjacent property. Grading shall be finished in such manner as not to create steep banks or unsightly areas to adjacent property. (Ord. O-160-2000 Exh. B § 7.6, 2000)
16.40.070 Special setbacks.
If special building setback lines are to be established in a subdivision, they shall be shown on the tentative plan and final plat and included in the deed restrictions. (Ord. O-160-2000 Exh. B § 7.8, 2000)
16.40.080 Improvement procedures.
In addition to other requirements, improvements to be installed by the applicant, either as a requirement of this title or other applicable regulations or at his or her own option, shall conform to the requirements of this chapter.
A. Plan Review and Approval. Improvement work shall not be commenced until plans therefore have been reviewed and approved by the subdivision committee or a designated representative thereof. To the extent necessary for evaluation of a proposed development, such improvement plans may be required before approval of the tentative plan or preliminary map or drawing.
B. Improvements as Platted. Improvements shall be designed, installed, and constructed as platted and approved, and plans therefor shall be submitted to the public works director prior to recordation of final plat or upon completion of the improvements.
C. Inspections. Improvements shall be constructed under the inspection and approval of the director of public works. The director of public works may accept certification of a registered professional engineer consistent with ORS 92.097. Expenses incurred thereby shall be the responsibility of the applicant. (Ord. O-160-2000 Exh. B § 7.9, 2000)
16.40.090 Improvements in partitions.
The same improvements may be required to be installed to serve each building site of a partition as are required of a subdivision. (Ord. O-160-2000 Exh. B § 7.10, 2000)
16.40.100 Acceptance of improvements.
Improvements shall be considered for acceptance after the subdivider constructs them and inspected by the public works director. (Ord. O-160-2000 Exh. B § 7.11, 2000)
16.40.110 Improvement agreement.
A. The subdivider may in lieu of completion of the required improvements and repair to existing streets and facilities, request the board of commissioners to approve an agreement between himself or herself and the county specifying the schedule by which the required improvements and repairs shall be completed. Provided, however, any schedule of improvements agreed to shall not exceed one year from the date the final plat is recorded. The agreement shall also provide the following information:
1. A list of all the contractors who will construct or complete the improvements and repairs required and the cost of the project;
2. That the county may call upon the security filed to construct or complete the improvements not adhered to;
3. That the county shall recover the full cost and expense of any work performed by the county to complete construction of the improvements and repairs including, but not limited to, attorney and engineering fees;
4. That a warranty bond for one year shall be deposited with the county following acceptance of the improvements. Said bond shall be in the amount of ten (10) percent of the value of the improvements.
B. The board of commissioners may reject an agreement authorized by this section for any reason the board deems sufficient. (Ord. O-160-2000 Exh. B § 4.9, 2000)
16.40.120 Bond, cash deposit or guarantee.
A. The subdivider shall file with any agreement specified in Section 16.40.110, to assure full and faithful performance thereof, one of the following:
1. A surety bond executed by a surety company authorized to transact business in the state of Oregon in a form approved by the county counsel;
2. A cash deposit in a county account at an approved lending institution;
3. Personal guarantees and an agreement prohibiting the sales of lots, in a form approved by the county counsel, until improvements are completed.
B. A bond or cash deposit of full and faithful performance shall be for one hundred twenty (120) percent of the cost of the improvements and repairs as determined.
C. If the subdivider fails to carry out the provisions of the agreement, the county shall call upon the bond, cash deposit or personal guarantee to finance any cost or expenses resulting from said failure. In the alternative, the county may form a local improvement district to lien the properties in accordance with the relevant provisions of Oregon State Law and Jefferson County code. If the amount of the deposit or bond exceeds the cost and expense incurred by completing the improvements, the county shall release the remainder, if the amount of the deposit or bond is less than the cost and expense incurred by the county for the improvement and repairs, the subdivider shall be liable to the county for the difference. (Ord. O-160-2000 Exh. B § 4.10, 2000)