Chapter 3.5 –
Public Improvement Standards
Sections:
3.5.150 Waiver, Modification, Deferral, and Payment in Lieu of Public Improvement Standards
3.5.200 Transportation Improvement Standards
3.5.250 Sanitary Sewer and Water Service Improvements
3.5.550 Storm Drainage Improvements
3.5.700 Construction Plan Approval and Assurances
3.5.100 Purpose and Authority
A. Purpose. The purpose of this chapter is to provide requirements for design and construction of public and private infrastructure including: transportation facilities; sewer, water and other utilities; and drainage features and activities. One of the primary purposes of this chapter is to provide standards for attractive and safe streets that can accommodate vehicle traffic from planned growth, and provide a range of transportation options, including options for driving, walking, bicycling, transit and other transportation modes.
B. Public Improvements Needed for Development. Development shall not occur unless the public improvements serving the development comply with the public facility requirements established or incorporated by this chapter, unless compliance is exempted by this code or unless the applicable standard is modified, waived, deferred, or a payment made in lieu.
C. Compliance with Standards. All public improvements constructed as part of a development or to comply with a condition of development approval shall comply with all applicable standards, including but not limited to any public works standards and specifications.
D. Conditions of Development Approval. The City may deny an application for development approval or a request for a building permit if required public improvements are not in place, waived, modified, deferred, or a payment made in lieu in accordance with this Chapter. [Ord. 505 § 2 (Exh. D), 2020].
3.5.150 Waiver, Modification, Deferral, and Payment in Lieu of Public Improvement Standards
A. Purpose. The City desires to establish uniform public improvement requirements, but recognizes there are circumstances where public improvement requirements cannot reasonably be met or it is not otherwise appropriate to require full public improvements to be installed prior to or concurrent with development. This section allows for flexibility under those circumstances.
B. Authority to Grant Waiver, Modification, Deferral, or Payment in Lieu. Waivers, modifications, deferrals, and/or payment in lieu of satisfying the standards of this chapter and/or the public works standards and specifications may be granted as part of a development approval or as a condition of issuing a building permit at the discretion of the City Engineer. The City Engineer has direction to establish the terms and conditions of any waiver, modification, deferral, and/or payment in lieu granted pursuant to this section including, without limitation, requiring alternative improvements, memorializing any deferral to be memorialized in a recorded instrument, requiring a signed agreement not to remonstrate against the formation of a local improvement district, and/or determining the amount of the payment in lieu.
C. Other Requirements Not Waived. Any waivers, modification, deferral, or payment in lieu granted under this section does not exempt the developer from submitting plans which meet all other applicable criteria, standards, and specifications.
D. Application Requirements. The application for a waiver, modification, deferral, or payment in lieu shall be in writing submitted as part of a development application. The applicant will be responsible for all costs associated with reviewing and implementing any waiver, modification, deferral, or payment. The application shall specify which requirement(s) of this chapter and/or the public works standards and specifications are at issue. The application shall contain a statement explaining why the deviation from the required standards is necessary and why the waiver, modification, deferral, or payment in lieu sought will not harm and/or will be beneficial to the general public. [Ord. 505 § 2 (Exh. D), 2020].
3.5.200 Transportation Improvement Standards
A. Development Requirements. No development shall occur unless the development has frontage or approved access to a public or private street, in conformance with the provisions of SDC Chapter 3.1, and the following standards are met:
1. Streets within or adjacent to a development shall be improved in accordance with the City’s Transportation System Plan (TSP), public works standards and specifications, provisions of this chapter and other pertinent sections of this code.
2. Public street right-of-way shall be dedicated to the public and developers of private streets shall grant an easement for use by the public in a form satisfactory to the City.
3. All new and/or existing streets and alleys shall be paved and otherwise in accordance with the public works standards and specifications.
B. Street Location, Width and Grade. Except as noted below, the location, width and grade of all streets shall conform to the Transportation System Plan and the public works standards and specifications, the provisions of this chapter and any approved street plan or subdivision plat. Street location, width and grade shall be determined in relation to existing and planned streets, topographic conditions, public convenience and safety, and in appropriate relation to the proposed use of the land to be served by such streets.
1. Street grades shall be designed and/or constructed per the public works standards and specifications.
2. The location of streets in a development shall:
a. Adhere to alignments set forth in the Transportation System Plan;
b. Adhere to any approved street plan or subdivision plat; and/or
c. Otherwise provide for the continuation and connection of existing streets in the surrounding areas, conforming to the street standards of this chapter.
C. Minimum Rights-of-Way and Street Sections. Street rights-of-way and improvements shall be the widths established in the Transportation System Plan. Additional right-of-way may be required at intersections to accommodate intersection widening and roundabouts.
D. Special Setbacks.
1. Purpose. The purpose of this subsection is to ensure that adequate rights-of-way will be available for the appropriate street improvements as the City grows and that there will be no conflicts with the built environment.
2. Applicability. The special setback standards shall be applied to any lot or parcel that abuts a public right-of-way.
3. Setback.
a. Unless waived, all buildings or structures shall be set back from planned future rights-of-way the minimum distance established in the applicable zoning district.
b. Unless waived under Section 3.5.150, the special setback from existing substandard width rights-of-way shall comply with Table A.
|
Street Classification |
Additional Setback from Centerline of Street |
|---|---|
|
Local Street |
30 feet |
|
Collector |
40 feet |
|
Arterial (Principal, Major, Minor) |
50 feet |
Note: The additional setback line shall be an assumed property boundary for the purpose of sidewalk construction.
E. Street Alignment and Connections.
1. Staggering of streets making “T” intersections shall be located to conform with the spacing standards contained in the Transportation System Plan and SDC Chapter 3.1.
2. All streets that abut a development site shall be extended within the site to provide through circulation, unless prevented by environmental or topographical constraints, existing development patterns or compliance with other standards in this code. This exception applies only when it is not possible to redesign or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15 percent for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the environmental or topographic constraint precludes a street connection.
3. In order to promote efficient vehicular and pedestrian circulation throughout the City, the design of developments and alignment of new streets shall conform to the standards in SDC Chapter 3.1.
F. Sidewalks, Planter Strips, Curbs, Bicycle Lanes. Sidewalks, planter strips, curbs and bicycle lanes must be installed in conformance with the applicable provisions of the Transportation System Plan, the public works standards and specifications, and the following standards:
1. The planter strip distance is measured from the face of the curb to the inside edge of the sidewalk.
2. Sidewalks must be separated from the street by a planter strip and placed at the property line, where practicable, or as otherwise directed by the City Engineer.
3. In areas with high pedestrian volumes, the City Engineer may approve a minimum 10-foot-wide sidewalk, curb tight, with street trees in tree wells and/or landscape planters.
4. Bicycle lanes must be constructed on all collector and arterial streets unless otherwise designated.
5. Planter strips are not required on T-courts.
6. Where practical, sidewalks will be allowed to meander around existing trees in conformance with the requirements of the Americans with Disabilities Act.
7. Sidewalks/multi-use paths and curbs must be constructed where shown on the TSP Bicycle and Pedestrian Plan.
G. Intersection Angles. Streets shall be laid out so as to intersect at an angle as near to a right angle as practicable.
H. Existing Rights-of-Way. Whenever existing rights-of-way adjacent to or within a property are of less than standard width, additional rights-of-way shall be provided at the time of development to meet minimum standards in the Transportation System Plan.
I. Cul-de-Sacs. Cul-de-sacs are only permitted when existing development, topographical features, and similar circumstances prevent the continuation of a street. Cul-de-sacs must be designed in a manner consistent with the public works standards and specifications.
J. Curbs, Curb Cuts, Ramps, and Driveway Approaches. Concrete curbs, curb cuts, curb ramps, bicycle ramps and driveway approaches shall be constructed in accordance with SDC Chapter 3.1, and applicable public works standards and specifications.
K. Private Streets. Private streets, when allowed, shall connect with public streets to complete the City’s transportation system grid where practical.
L. Street Names. No street name shall be used that will duplicate or be confused with the names of existing streets in Deschutes County, except for extensions of existing streets. Street names, signs and numbers shall conform to the established pattern in the surrounding area, except as requested by emergency service providers, and shall comply with the public works standards and specifications.
M. 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 shall be re-established and protected.
N. Street Signs. The City, County or State with jurisdiction shall install all signs for traffic control. The cost of signs required for new development, including stop signs and any other roadway signs, shall be the responsibility of the developers and shall be installed as part of the street system developed and approved through the land use process. Street name signs shall be installed by developers at all street intersections per public works standards and specifications.
O. Street Light Standards. Street lights shall be installed in accordance with the public works standards and specifications. [Ord. 505 § 2 (Exh. D), 2020].
3.5.250 Sanitary Sewer and Water Service Improvements
A. Sewers and Water Mains Required. Sanitary sewers and water mains must be installed to serve each new development and to connect developments to existing mains in accordance with the public works standards and specifications.
B. Sewer and Water Plan Approval. Construction of sewer and water improvements cannot commence until the City Engineer has approved all sanitary sewer and water plans in conformance with public works standards and specifications.
C. Public Facility Plan Improvements. Proposed sewer and water systems must be sized to accommodate additional development within the area as projected by the applicable public facility plans. The developer may be entitled to system development charge credits and reimbursement for the improvements if eligible under the applicable provisions of the Sisters Municipal Code.
D. Inadequate Capacity. Development may be restricted by the City 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, or surcharging of existing mains, or violations of State or Federal standards pertaining to operation of domestic water and sanitary sewer treatment systems.
E. Water and Sewer Collection Service Outside the Urban Growth Boundary. The City may establish water and sewer collection or treatment facilities outside the urban growth boundary, including, but not limited to, the extension of sewer interceptor lines to serve lands in the urban growth boundary more efficiently by traversing outside the urban growth boundary, or to connect to treatment facilities outside of the urban growth boundary. [Ord. 505 § 2 (Exh. D), 2020].
3.5.550 Storm Drainage Improvements
A. Storm Drainage Improvements Required. Storm drainage facilities shall be depicted on City-approved engineered construction drawings and installed to serve each new development in accordance with applicable public works standards and specifications.
B. Easements for Existing Watercourses. Where an existing watercourse traverses a development, such as a natural watercourse, drainage way, channel or stream, or any other existing drainage facility including but not limited to irrigation canals, laterals and associated ditches, there shall be provided and recorded an easement conforming substantially with the lines of such existing watercourses and such further width as will be adequate for conveyance and maintenance, as determined by the City Engineer.
C. Easements for Developed Drainage Facilities. Where new drainage facilities are provided that include elements located outside the dedicated public right-of-way, such facilities shall be located within an area provided for in a recorded easement. The easement shall be adequate for conveyance and maintenance as determined by the City Engineer. [Ord. 505 § 2 (Exh. D), 2020].
3.5.600 Utilities
A. Underground Utilities. All utility lines including, but not limited to, those required for electric, communication, lighting and cable television services and related facilities, shall be placed underground, except for surface-mounted transformers; surface-mounted connection boxes and meter cabinets; temporary utility service facilities during construction; and high capacity electric lines operating at 50,000 volts or above, which may be placed above ground.
The following additional standards apply to all development, in order to facilitate underground placement of utilities:
1. The developer shall make all necessary arrangements with the serving utility to provide the underground services. All above-ground equipment shall not obstruct clear vision areas and safe intersection sight distance for vehicular traffic in conformance with SDC Chapter 3.1.
2. The City reserves the right to approve the location of all surface-mounted facilities.
3. All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets.
4. Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made.
B. Easements. Easements shall be provided and recorded for all underground utility facilities where required by the City. [Ord. 505 § 2 (Exh. D), 2020].
3.5.650 Easements
A. Requirement. Easements for sewer facilities, storm drainage, water facilities, street facilities, electric lines or other public/private utilities shall be dedicated on a final plat, or other instrument approved by the City.
B. Provision. The developer or applicant shall make arrangements with the City, the applicable district and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development.
C. Standard Width. The City’s standard width for exclusive public main line utility easements shall be 20 feet, unless otherwise specified by the utility company, applicable district, or City Engineer. [Ord. 505 § 2 (Exh. D), 2020].
3.5.700 Construction Plan Approval and Assurances
A. Plan Approval and Permit. Public improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting, parks, or other requirements, shall not be undertaken except after the plans have been approved by the City and the developer has paid permit fees, received a permit, and executed any agreements required by City. The amount of the permit fee shall be set by City Council with the annual adoption of a fees resolution.
B. Performance Guarantee. The City may require the developer to provide bonding or other performance guarantees to ensure completion of required public improvements.
C. Work within the Public Rights-of-Way. The City shall approve all contractors and their subcontractors who work in City rights-of-way. [Ord. 505 § 2 (Exh. D), 2020].
3.5.750 Installation
A. Conformance Required. Improvements installed by the developer, either as a requirement of these regulations or at his/her own option, shall conform to the requirements of this chapter, approved construction plans, and to improvement standards and specifications adopted by the City, referenced within the public works standards and specifications.
B. Commencement. Work shall not begin until the City has reviewed and approved the construction plans and notified the contractor of the approval.
C. Resumption. If work is discontinued for more than one month, it shall not be resumed until the City is notified in writing.
D. City Inspection. Improvements shall be constructed under the inspection and to the satisfaction of the City. The City may require minor changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest. Any monuments that are disturbed before all improvements are completed by the developer shall be replaced prior to final acceptance of the improvements.
E. Engineer’s Certification. All public improvements shall be designed and certified by a civil engineer licensed and registered in Oregon. The civil engineer’s professional stamp and signature shall provide written certification to 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. Engineer’s certification is required prior to City acceptance of the public improvements, or any portion of the improvement, for operation and maintenance. [Ord. 505 § 2 (Exh. D), 2020].