Chapter 17.50
IMPROVEMENTS
Sections:
17.50.010 Improvement procedures.
17.50.020 Specifications for improvements.
17.50.030 Improvements in subdivisions.
17.50.040 Improvements in partitions.
17.50.050 Property line adjustment.
17.50.060 Requirements of phased development plans.
17.50.010 Improvement procedures.
In addition to other requirements, improvements installed by a land divider either as a requirement of these regulations or at his own option shall conform to the requirements of this title and the improvement standards and specifications followed by the city and shall be installed in accordance with the following procedure:
(1) Improvement work shall not commence until plans have been checked for adequacy and approved by the city. To the extent necessary for evaluation of the proposal, the plans may be required before approval of the tentative plan of a subdivision or partition.
(2) Improvement work shall not commence until after the city is notified and, if work is discontinued for any reason, it shall not be resumed until after the city is notified.
(3) Improvements shall be constructed under the inspection and to the satisfaction of the city. The city may require changes in typical sections and details, in the public interest, if unusual conditions arise during construction to warrant the change.
(4) Underground utilities, sanitary sewers and storm drains installed in streets shall be constructed prior to the surfacing of the streets. Stubs for service connections for underground utilities and sanitary sewers shall be placed to a length obviating the necessity for disturbing the street improvements when service connections are made.
(5) A map showing public improvements “as built” shall be filed with the city upon completion of the improvements. This shall be drawn using good quality black ink on a 24-inch by 36-inch sheet of approved material (three-mil mylar or similar reproducible material). [Ord. 469 § 8.010, 1980].
17.50.020 Specifications for improvements.
The city administrator shall cause to be prepared specifications to supplement the standards of this title based on engineering standards appropriate for the improvements concerned. Specifications shall be prepared for the design and construction of required public improvements, such other public facilities as a developer may elect to install, and private streets. [Ord. 469 § 8.020, 1980].
17.50.030 Improvements in subdivisions.
The following improvements shall be installed at the expense of the subdivider and at the time of subdivision:
(1) Streets. Public streets, including alleys, within the subdivision and public streets adjacent to but only partially within the subdivision shall be improved to street standards. Catch basins shall be installed and connected to drainage tile leading to storm sewers or drainage ways. Upon completion of the street improvement, monuments shall be re-established and protected in monument boxes at every public street intersection and all points of curvature and points of tangency of their centerlines.
|
Classification |
Total Right‑of‑Way Width (Feet) |
Pavement Width (Feet) |
Number of Lanes |
On-Street Parking |
Bike Lanes (Feet) |
Sidewalk Width (Feet) |
|---|---|---|---|---|---|---|
|
Arterial |
80 |
48 |
3 (2 + 1 TWLTL1) |
None |
6 – both sides |
5 – both sides |
|
Arterial (CBD) |
64 |
46 |
2 |
8 – both sides |
None |
8 – both sides |
|
Major Collector |
60 – 80 |
46 |
2 |
8 – one side |
4 to 6 – both sides |
5 – both sides |
|
Minor Collector |
60 |
40 |
2 |
8 – both sides |
None |
5 – both sides |
|
Necessary (Major) Local |
60 |
36 |
2 |
8 – both sides |
None |
5 – both sides |
|
Local2 |
50 |
28 |
2 10' Travelways |
8 – one side |
None |
5 – both sides |
1 TWLTL = two-way left-turn lane.
2 Twenty-eight feet are allowed when the street is less than 2,400 feet in length and cannot be extended.
(2) Access and Connectivity. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street within a planned development or a mobile home park (see MCMC 18.120.100(1), 18.130.140(2) and 18.145.040). All structures shall be located on lots so as to provide safe and convenient access for servicing, fire protection and required off-street parking and loading.
Access management, street connectivity, and driveway location will help manage access to land development while preserving the movement of people and goods in terms of safety, capacity, functional classification, and performance standards. This section shall apply to all arterials and major collectors within Myrtle Creek and to all properties that abut these roadways. These standards shall be applied to properties in Tri-City if and when annexed into the city.
(a) Joint Use Driveways and Cross Access.
(i) Adjacent commercial or office properties classified as major traffic generators (i.e., developments generating more than 400 ADT) shall provide a cross access drive and pedestrian access to allow circulation between sites.
(ii) A system of joint use driveways and cross access easements shall be established wherever feasible. The property owner/developer shall provide a development plan to be reviewed and approved by the city. The development plan shall include the following:
(A) A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation.
(B) A design speed of 10 mph and a maximum width of 22 feet to accommodate two-way travel aisles designed to accommodate automobiles, service vehicles, and loading vehicles.
(C) Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross-access via a service drive.
(D) A unified access and circulation system plan for coordinated or shared parking areas.
(E) Shared parking areas shall be permitted a 20 percent reduction in required parking spaces if peak demands do not occur at the same time periods.
(iii) Pursuant to this section, property owners shall:
(A) Record an easement with the deed for the property which allows cross access to and from other properties served by the joint use driveways and cross access; or
(B) Record a joint maintenance agreement with the deed defining maintenance responsibilities of property owners.
(C) Myrtle Creek may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make the development of a unified or shared access and circulation system impractical.
(b) Access Connection and Driveway Design. Driveways shall meet the following standards:
(i) Access driveways to parking areas having 10 or more parking spaces shall be clearly marked to indicate one-way or two-way access.
(ii) One-way driveways (one-way in or one-way out) shall have a minimum width of 12 feet.
(iii) For two-way access, each lane shall have a minimum width of 10 feet.
(iv) Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view, meeting the requirements for clear vision areas. Construction of driveways along acceleration or deceleration lanes and tapers shall be avoided due to the potential for vehicular weaving conflicts.
(v) The length of driveways shall be designed to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation.
(c) Number and Location of Access Points.
(i) Number of Accesses Permitted. Access points to a public street shall be the minimum necessary to provide reasonable access while not inhibiting the safe traffic circulation and carrying capacity of the street.
(A) Excepting single-family dwellings and except as further restricted by this title, properties of less than 100 feet of frontage, which may be separate or contiguous, shall be limited to one access point.
(B) Properties exceeding 100 feet of frontage shall be limited to one access point per each 100 feet of frontage, but not to exceed four access points.
(ii) Driveway Location in Relation to Intersections. For access driveways to loading and service areas, and to parking areas having 10 or more spaces, the minimum distance between driveways and intersections shall be as provided below. Distances listed shall be measured from the stop bar at the intersection.
(A) At the intersection of a collector or arterial street, driveways shall be located a minimum of 50 feet from the intersection.
(B) At the intersection of two local streets, driveways shall be located no closer than 30 feet from the intersection.
(C) If the subject property is not of sufficient width to allow for separation between driveway and intersection as provided, the driveway shall be constructed as far from the intersection as possible, while maintaining the five-foot setback between the driveway and property line as required.
(iii) Driveway Location in Relation to Intersections for Single-Family Dwellings. The minimum distance between driveways and intersections shall be 30 feet.
(A) If the subject property is not of sufficient width to allow for separation between driveway and intersection as provided, the driveway shall be constructed as far from the intersection as possible, while maintaining the five-foot setback between the driveway and property line as required.
(iv) Driveway Location in Relation to Lot Lines. Access driveways shall not be located closer than five feet to an interior side lot line, except that common access driveways (not exceeding 40 feet in width) to two adjacent properties may be provided at the common lot line when a common driveway agreement is executed and recorded with the city.
(v) Driveway Location in Relation to Adjacent Driveways. One-way driveways to parking areas having 10 or more spaces shall not be located closer than 20 feet to any other one-way driveway, nor closer than 35 feet to any two-way driveway. Two-way driveways to parking areas having 10 or more spaces shall not be closer than 50 feet from any other two-way driveway, nor closer than 35 feet from any one-way driveway.
(3) Nonconforming Access Features. Legal access which does not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards as practical under one of the following situations:
(a) When new access connection permits are requested;
(b) Changes in use, or significant enlargements or improvements that necessitate a new access permit.
(4) Surface Drainage and Storm Sewer System. Drainage facilities shall be provided within the subdivision and to connect the subdivision drainage to drainage ways or storm sewers outside the subdivision. Design of drainage within the subdivision shall take into account the capacity and grade necessary to maintain unrestricted flow from areas draining through the subdivision and to allow extension of the system to serve such areas.
(5) Sanitary Sewers. Sanitary sewers shall be installed to serve the subdivision and to connect the subdivision to existing mains. Design shall take into account the capacity and grade to allow for desirable extension beyond the subdivision. If required sewer facilities will, without further construction, directly serve property outside the subdivision, the following arrangements will be made to equitably distribute the cost:
If the area outside the subdivision to be directly served by the sewer line has reached a state of development to justify sewer installations at the time, the planning commission may recommend to the city council construction as an assessment project with such arrangement with the subdivider as is desirable to assure financing his share of the construction.
(6) Water System. Water lines and fire hydrants serving each building site in the subdivision and connecting the subdivision to city mains shall be installed. The design shall take into account provisions for extension beyond the subdivision and to adequately grid the city system.
(7) Sidewalks. Sidewalks shall be installed on both sides of a public street and in any special pedestrian way (accessway or multi-use path) within the subdivision per the pedestrian plan map.
(a) In the case of special type industrial districts, the planning commission may approve a subdivision without sidewalks if alternative pedestrian routes are available to the property.
(8) Bicycle Routes. As outlined in the bicycle plan map, the installation of bicycle lanes within streets, separate bicycle paths, or bike route signage shall be required when developing new, or reconstructing existing streets that are designated for such facilities as part of a subdivision. These new bicycle facilities will provide connections to improve the overall bicycle network for the community. Bicycle lanes shall be four to six feet wide and located on both sides of the street, where practical. Refer to MCMC Table 17.50.030 for affected street types.
(9) Street Name Signs. Street name signs shall be installed at all street intersections, the type and color as approved by the city.
(10) Street Lights. Street lights requiring new poles shall be installed with city approved metal poles and lights, and shall be served from an underground source of supply.
(11) Other. The developer shall make necessary arrangements with utility companies or other persons or corporations affected for the installation of underground lines and facilities. Electrical lines and other wires, including, but not limited to, communication, street lighting and cable television, shall be placed underground. [Ord. 469 § 8.030, 1980].
17.50.040 Improvements in partitions.
The same improvements shall be installed to serve each building site of a partition as is required of a subdivision. However, if the planning commission finds that the nature of development in the vicinity of the partition makes installation of some improvements unreasonable, the planning commission may except those improvements. In lieu of excepting an improvement, the planning commission may recommend to the city council that the improvement be installed in the area under special assessment financing or other facility extension policies of the city. [Ord. 469 § 8.040, 1980].
17.50.050 Property line adjustment.
The common property line between adjoining lots or parcels may be adjusted in accordance with this section without partition, platting or replatting procedures in ORS 92.180 and 92.185 or the vacation procedures in Chapter 368 ORS. Once a lot or parcel line has been adjusted, the adjusted line shall be the property line. The city administrator has authority to approve a property line adjustment when all of the requirements of this section have been satisfied.
(1) Application. An application for a property line adjustment shall be filed by the owners of all lots or parcels affected. The application shall contain the following information:
(a) A brief statement explaining the reason for the adjustment.
(b) A vicinity map identifying the lots or parcels to be affected by the property line adjustment.
(c) A plot plan showing the existing property lines of the lots or parcels affected by the adjustment and the location of the proposed adjusted property line. The plot plan shall also show the location of all structures within 20 feet of the proposed adjusted property line.
(2) Limitations and Exceptions.
(a) A property line adjustment is permitted only where an additional unit of land is not created and where the lot or parcel reduced in size by the adjustment will comply with the standards of the applicable zoning district, or where no increase in an existing nonconformity will occur.
(b) A property line adjustment is permitted only where existing or planned structures will not encroach within required setback areas as measured from the adjusted property line.
(c) A property line adjustment is permitted only where the sale or transfer of ownership is made between adjacent owners within the same zoning district.
(d) A property line adjustment is permitted only where any lot changed will not adversely affect access, easements, or drainfields.
(e) A property line adjustment is permitted only where off-street parking of any lot affected by the adjustment will not be reduced below the required number of spaces for the use of the lot.
(3) Preliminary Approval. Within 30 days of receiving a complete application, the city administrator shall notify the applicant in writing whether the proposed property line adjustment conforms with the requirements of this section.
(4) Final Approval and Filing Requirements.
(a) Within six months from the date of preliminary approval, a deed of conveyance conforming to the approved property line adjustment shall be recorded with the Douglas County clerk. A property line adjustment deed shall contain the names of the parties, the description of the adjusted line, references to original recorded documents and signatures of all parties with proper acknowledgments.
(b) Within six months from the date of preliminary approval, the applicant shall submit a survey map which conforms with the requirements of MCMC 17.30.040, except that the final map shall indicate that it is for a property line adjustment which does not create a new lot or parcel. If no map is required, the applicant shall submit proof that the requirements of the tentative approval have been met.
(c) Within 10 days of receiving the complete survey map meeting the requirements of this section and a copy of the recorded deed of conveyance, the city administrator shall indicate final approval by endorsement upon the map, if any, or if no map is required, the city administrator shall advise the applicant in writing that final approval has been granted.
(d) The applicant shall submit the signed survey map and a copy of the recorded deed of conveyance to the Douglas County surveyor, together with any required filing fee. When the map is filed, the county surveyor shall indicate the filing information on the face of the final map.
(e) A property line adjustment shall be effective when the survey map is properly filed by the county surveyor and an instrument reference (e.g., deed instrument or covenant recorded with the county clerk) is noted on the face of the map. If no map is required, then the line adjustment shall be effective when final approval is granted by the city administrator and an instrument (e.g., deed and/or covenant) is recorded with the county clerk.
(5) Exception for Adjustments of Greater Than 10 Acres in Size.
(a) The survey filing requirements of subsection (4) of this section shall not apply to a property line adjustment where the affected lots or parcels contain more than 10 acres before and after the adjustment.
(b) A copy of the recorded deed of conveyance, as required by subsection (4)(a) of this section, shall be submitted to the city administrator for final approval of the property line adjustment. The city administrator shall notify the applicant in writing of the final approval. [Ord. 469 § 8.050, 1980].
17.50.060 Requirements of phased development plans.
(1) In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall be reviewed as single properties in relation to the access standards of this title. The number of access points permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations shall be met. This shall also apply to phased development plans. Necessary street extensions per the future street plan and functional classification maps will be planned for in all phases of development. The owner and all lessees within the affected area are responsible for compliance with the requirements of this title and both shall be cited for any violation.
(2) All access must be internalized using the shared circulation system of the principal development or retail center. Driveways shall be designed to avoid queuing across surrounding parking and driving aisles. [Ord. 469 § 8.060, 1980].