Chapter 12.05
STREET CONSTRUCTION AND MAINTENANCE
Sections:
Article I. Standards
12.05.050 Violations and penalties.
Article II. Street Maintenance and Repair Program
12.05.090 Repair and maintenance program.
12.05.110 Administrative procedures.
Article I. Standards
12.05.010 Objective.
To achieve a degree of uniformity and minimum standards and design in the materials used and construction of streets, sidewalks, gutters, storm drains and catchbasins. [Ord. 96-262-O § 1].
12.05.020 Purpose.
To provide standards to safeguard the health, property and public welfare by providing a uniform standard of design and construction and materials used in the street department. [Ord. 96-262-O § 2].
12.05.030 Scope.
The most recent published provisions of the American Public Works Association (APWA), Oregon Chapter, Standards and Specifications for Public Works shall apply as minimum standards to construction, materials, moving, alteration, repair and installation of street department services belonging to the city of Rogue River or to be assigned to the city of Rogue River. [Ord. 23-418-O § 40; Ord. 96-262-O § 3].
12.05.040 Application.
The design, construction material, repair, or alterations shall comply with the APWA, Oregon Chapter, Standards and Specification for Public Works. [Ord. 23-418-O § 41; Ord. 96-262-O § 4].
12.05.050 Violations and penalties.
It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter or repair any part of the city street system in violation of the APWA, Oregon Chapter, Standards and Specifications for Public Works.
A violation of a provision of this chapter is punishable by a fine not to exceed $1,000. Each day that a violation of this chapter continues is a separate offense.
This chapter establishes minimum standards and is not intended to relieve a design engineer or contractor from their legal and professional obligations.
Any additions or subtractions from these standards shall first be approved by planning, public works, and the council. It is not the intent of this chapter to override the authority of any other entity or organization that has jurisdiction within the city of Rogue River, Oregon, or relieve contractors or engineers from their responsibilities to those jurisdictions. [Ord. 23-418-O § 42; Ord. 96-262-O § 5].
Article II. Street Maintenance and Repair Program
12.05.060 Purpose.
The purpose of this chapter is to provide a funding mechanism to reverse the ongoing deterioration of city streets and roads caused by daily traffic and the increasing heavy truck traffic for the construction of new residences, additions to residences and businesses and the development of new businesses. [Ord. 07-337-O § 1].
12.05.070 Definitions.
“Development” means any manmade change to improved or unimproved real estate, including but not limited to:
1. New construction; or
2. The expansion of the footprint or square footage of a building or other structure.
“Street” or “road” means a public road or right-of-way within the city, which is under the jurisdiction or control of the city. For purposes of this chapter, county, state, and federal roads are excluded. [Ord. 23-418-O § 43; Ord. 07-341-O § 1; Ord. 07-337-O § 2].
12.05.080 Findings.
A. Street and road deterioration, if not managed through a program of prevention, early detection, and repair can lead to large-scale disrepair and destruction of city streets and roads with serious traffic safety consequences as well as the sustained interruption of residential, industrial, and commercial traffic flow and the blighting of residential, industrial, and commercial neighborhoods in the city.
B. The city council has concluded that a safe, functioning city street system can only be achieved through a street repair and maintenance program.
C. The city council has also concluded that maintaining a safe, functioning city street system is a priority need.
D. The mayor appointed a fee committee, composed of councilors and staff, to consider methods of financing the needed road repair and maintenance program.
E. The fee committee, after months of study, has come to the conclusion that more than one revenue source may be required to meet the demands of road repair and maintenance.
F. The fee committee has held work sessions and has unanimously recommended a system that will aid in funding city street repairs and maintenance.
G. The fee committee recommends that a street impact fee be levied upon developers for the impact caused by development. [Ord. 07-337-O § 3].
12.05.090 Repair and maintenance program.
A. The public works director shall annually update the Rogue River roadway inventory in the city of Rogue River transportation system plan, and identify, evaluate and prioritize those areas where the road system is in need of repair or maintenance.
B. Based on the public works director’s report, the city council shall annually prioritize the road repair and maintenance program to ensure that the city street system is maintained as safe and sound as fiscally possible. [Ord. 07-337-O § 4].
12.05.100 Street impact fee.
A. The street fund is hereby supplemented with a street impact fee for the purpose of repairing and maintaining the city of Rogue River’s street system.
B. The street impact fee is hereby established, to be charged on all development, for the purpose of repairing and maintaining the existing road system.
C. The street impact fee shall be assessed on all development.
D. The street impact fee shall be collected with the building permit fee.
E. The street impact fee shall be an amount as set by resolution. [Ord. 23-418-O §§ 44, 45; Ord. 13-378-O; Ord. 07-337-O § 5].
12.05.110 Administrative procedures.
A. All street impact fee (SIF) revenues shall be deposited into the street fund and dedicated to street repair and maintenance.
B. The initial street impact fee (SIF) shall not be increased during the first three years following the adoption and implementation of this program.
C. During the fifth year of this program, and every year thereafter, the fee committee shall reconvene for the purpose of reviewing the street impact fee (SIF) and advising the city council of changes, if any, that are deemed necessary. Such a review shall occur sooner than the third year in the event the city receives substantial new sources of funds earmarked for street system maintenance.
D. In the event funds received from the street impact fee are inadequate to satisfy the street and road repair and maintenance program, the fee committee will convene to investigate and recommend to the city council other sources of revenue. [Ord. 07-337-O § 6].
12.05.120 Enforcement.
A. No building permit shall be issued unless the street impact fee is paid in full at the time of issuance.
B. Notwithstanding any provision herein to the contrary, the city may institute any necessary legal proceedings to enforce the provisions of this chapter, including, but not limited to, injunctive relief and collection of charges owing. The city’s enforcement rights shall be cumulative. [Ord. 07-337-O § 7].