Chapter 16.25 DEVELOPMENT REQUIREMENTS

A. Lots or parcels shall be created only when each lot or parcel contains the minimum required frontage on a public street, or on an approved private street in a planned unit development. Tentative plan approval shall only be issued for lots containing the minimum frontage requirements. Building permit approval shall only be issued for lots containing the minimum frontage requirements and when frontage and interior streets are either fully developed to the standards of this title, or adequate guarantee of future construction has been accomplished to the city’s satisfaction.

B. Each new lot or parcel created in a subdivision or partition shall have minimum frontage on a public street as follows:

1. Residential lots: 60 feet.

a. Cul-de-sacs: 40 feet.

b. Flag lots: 25 feet.

2. Commercial/industrial lots: 40 feet.

C. Subdivisions with frontage on the state highway system shall have limited access to and from the highway. Normally, a maximum of two accesses may be allowed, regardless of the number of lots or businesses served. If access off of a secondary street is possible, then access should not be allowed onto the state highway. If access off of a secondary street becomes available, then conversion to that access is encouraged, along with closing the state highway access.

D. New direct accesses to individual one- and two-family dwellings shall be prohibited on all but district-level state highways. [Ord. 11-373-O § 8-7:5.110].

16.25.020 Alley access.

Alley access shall not constitute public street access for the purposes of land division. Access to an existing lot of record may be taken from an existing public alley, provided the alley is paved to city street paving standards along the alley frontage of the subject property. When an existing public alley is not paved to city standards, the following standards shall be met:

A. Single-Family and Duplex Dwellings. For new access from an alley to a pre-existing parcel, full alley paving along the property frontage is required.

B. Other Developments. Where alley access is proposed for other developments, the applicant shall improve the full width of the alley along the property frontage to that street intersection most likely to provide the greatest amount of traffic. At the intersection of the alley with the street, the applicant shall provide a standard commercial drive approach.

C. Local Improvement District. Where a local improvement district is formed to improve the alley prior to or concurrent with development, the applicant shall participate in the frontage costs of the alley as provided in the local improvement district in lieu of paving as listed above. [Ord. 11-373-O § 8-7:5.111].

16.25.030 Creation of streets.

A. Public streets shall be created through one of the following instruments:

1. Approval of a final subdivision or partition plat.

2. Acceptance of a deed or dedication where the development does not involve the partitioning of land. Any property divided by creation of a public street shall continue to be considered a single unit of land until such time as the property is further subdivided or partitioned.

3. Streets may be created through processes other than partitioning or subdividing; provided, that the street is constructed to city standards or other applicable standards, the street is officially accepted by the city or other governing body responsible for the street, and the street is deeded and/or recorded with the county clerk in accordance with all applicable laws.

B. Private streets are permitted within planned unit developments, manufactured housing parks, recreational vehicle parks, and singularly owned developments of sufficient size to warrant interior circulation on private streets. These streets shall be created through the applicable land use action process. [Ord. 11-373-O § 8-7:5.120].

16.25.040 Easements.

Easements for water, sewer, storm drainage, and other utilities such as power, telephone, cable television, natural gas and irrigation districts shall be conveyed wherever necessary. The city administrator may require the applicant to acquire easements on adjoining or adjacent property whenever such easements are necessary to complete the proposed development. Public utilities shall be provided as follows:

A. Utility and drainage extensions to provide service to properties that do not abut existing utility lines shall be installed in public rights-of-way or in designated public utility easements as approved by the public works director.

B. Water, sewer and storm drain facilities shall be extended in public rights-of-way. Where extension in public rights-of-way is unfeasible, water, sewer and drainage facilities shall be extended in public utility easements, as approved by the public works director. The width of such easements shall be 15 feet to 20 feet, as determined by the public works director.

C. Public utility easements for power, telephone, cable television, and natural gas shall be a minimum of 10 feet in width, and shall extend on both sides of the public right-of-way. Such easements in planned unit developments shall be as approved by the public works director and the utilities.

D. Private water, sewer and storm drain service extensions to serve a single residence or business proposed for a pre-existing lot may be extended in a private easement.

E. All easements shall be shown on the tentative plan accurately and to scale, and identified as to purpose. Easements shall be recorded by the applicant in a form approved by the city administrator and the city attorney prior to the approval of the final plat.

F. Nothing in subsections (A) through (E) of this section shall diminish or affect the obligation of the applicant to extend services as provided in this title and other city ordinances.

G. Where a common drive is to be provided to serve more than one property in a subdivision or partition, a reciprocal easement, which will ensure access rights, shall be shown on the final plat, and an easement agreement will be recorded with the final plat. [Ord. 11-373-O § 8-7:5.130].

16.25.050 Subdivision name.

New subdivisions shall not bear names similar to or pronounced the same as the name of any other subdivision in Jackson County, unless the land platted is contiguous to and platted by the same party that platted the subdivision bearing that name, or unless the party files and records the consent of the party that platted the contiguous subdivision bearing that name. [Ord. 11-373-O § 8-7:5.140].

16.25.060 Blocks, lot numbers and letters.

All lots in a subdivision and parcels in a partition or property line adjustment shall be numbered or lettered consecutively. No partition or subdivision shall use block numbers or letters unless the subdivision is a continued phase of a previously recorded subdivision, bearing the same name, that has previously used block numbers or letters. All parcel and lot numbers or letters shall begin with the number one (“1”) or the letter “A,” except for a subdivision that is a continued phase of a previously recorded subdivision, bearing the same name, in which case the lots shall be numbered consecutively following the highest numbered or lettered lot of the previous phase(s). [Ord. 11-373-O § 8-7:5.150].

16.25.070 Recording multiple plats during one calendar year.

A. Only one partition or subdivision plat may be recorded on the same land during the same calendar year, unless the subsequent plat fully encompasses all the land contained in the previous plat.

B. A partition or subdivision plat may be recorded on one or more of the parcels of a property line adjustment plat that was recorded previously that calendar year as long as the property proposed to be platted is under, and has been under since the beginning of the year, separate legal ownership from all other abutting parcels in the property line adjustment. [Ord. 11-373-O § 8-7:5.160].

16.25.080 Blocks.

Block lengths shall be a maximum of 600 feet and perimeters shall be a maximum of 1,600 feet in order to maintain and improve the street grid system and provide connectivity. The recommended minimum distance between arterial street intersections is 1,800 feet. [Ord. 11-373-O § 8-7:5.170].

16.25.090 Addresses.

Addresses for the lots or parcels created by a subdivision, partition or planned unit development shall be approved by the city recorder and the United States Post Office, Rogue River Branch. [Ord. 11-373-O § 8-7:5.180].

Article II. Future Development Plan

16.25.100 Future development plan – Applicability.

Whenever property is proposed to be partitioned or subdivided into lots larger than those permitted in the zone of the subject property, and there is potential for additional partitions or subdivisions of the property in accordance with the provisions of this title, the partitioner or subdivider shall submit a future development plan for review and approval. [Ord. 11-373-O § 8-7:5.210].

16.25.110 Submittal requirements – Future development plan.

The future development plan (FDP) shall be submitted with the tentative subdivision or partition plan, either on the face of the plan or on a separate document included with the plan. The future development plan shall be prepared by a registered surveyor or civil engineer, and shall contain the following information:

A. The plan shall be labeled “Future Development Plan.”

B. All potential future lots shall be shown with dashed lines, the dimensions shall be noted along all property lines, and the approximate lot sizes shall be noted on each parcel in square feet or acres.

C. Each current and future street right-of-way shall be shown on the FDP, including and pavement widths. The future street rights-of-way shall be shown with dashed lines.

D. A master plan, when required by Chapter 16.30 RRMC, shall be included with the FDP.

E. All access points and street plugs for the subject property and affected surrounding properties, either existing or proposed, shall be identified on the FDP.

F. All storm drains, water mains, sewer mains, and other utilities, including those identified in the master plan (if required) or an adopted public facility plan, shall be identified on the FDP.

G. Building envelopes, identifying the allowable building areas for the large lots that would allow future division, or street and utility extensions as shown on the future development plan, shall be identified on the FDP. [Ord. 11-373-O § 8-7:5.220].

16.25.120 Future development plan review procedure.

The review procedure for a future development plan shall be the same as, and combined with, the review procedure required for the partition or subdivision tentative plan and final plat review, per the land division procedure schedule, RRMC 16.10.040. [Ord. 11-373-O § 8-7:5.230].

16.25.130 Criteria for future development plan approval.

The review body may approve, approve with conditions, or deny the proposed future development plan if the proposed future development plan is in accordance with current requirements for typical permitted uses in the applicable zone and district.

A. Indicates the proposed future division including the boundaries, lot/parcel dimensions and sequencing of each proposed division in any residential district;

B. Addresses street connectivity between the various phases of the proposed development based upon compliance with the Rogue River transportation system plan, the regional transportation system plan (RTP), applicable refinement plans, plan districts, master plans, or this code;

C. Accommodates other required public improvements, including, but not limited to, sanitary sewer, stormwater management, water and electricity;

D. Addresses physical features, including, but not limited to, significant clusters of trees and shrubs, watercourses shown on the water quality limited watercourse map and their associated riparian areas, wetlands, rock outcroppings and historic features; and

E. Discusses and defines the timing and financial provisions relating to phasing. [Ord. 23-418-O § 98; Ord. 11-373-O § 8-7:5.240].

16.25.140 Conditions of approval for future development plan.

To the extent necessary to meet the criteria for approval of a future development plan, the review body may make any of the following requirements:

A. Require dedication of right-of-way and easements for streets and rights-of-way shown on adopted street, utility, and master plans that abut or cross the property.

B. Restrict or allow present and/or future access at specific locations. The review body may require easements, street plugs, or access control lines to be placed on the plat to fulfill this purpose.

C. Require standards and locations for future streets and utilities.

D. Require that certain utilities, streets, or accesses be abandoned at such a point that the city or county, as applicable, deems necessary.

E. Require that future structures be within the setbacks from future property lines as shown on the building envelopes for each large lot. [Ord. 11-373-O § 8-7:5.250].

16.25.150 Filing a future development plan.

The future development plan shall be recorded with the county clerk as an exhibit to the approved final plat. The final plat shall reference the future development plan on the face of the plat. When a future development plan is amended, that amendment shall reference the original plan, and the amended future development plan shall be recorded with the county clerk. [Ord. 11-373-O § 8-7:5.260].

16.25.160 Ordinance revisions – Future development plan.

In the event that this title or other city regulations change after the approval of a future development plan to the extent that the future development could not be permitted under the new regulations, the applicant shall not be required to meet those portions of the new regulations that would not permit the future development plan to go forward as originally approved. [Ord. 11-373-O § 8-7:5.270].

16.25.170 Amendment to an approved future development plan.

At any time after the approval of a future development plan, the owner of the property may submit a revised future development plan to supersede the previously approved plan. The revised plan shall be submitted in accordance with the requirements outlined above. The plan shall meet the criteria in RRMC 16.25.130 and may be subject to conditions per RRMC 16.25.140. [Ord. 11-373-O § 8-7:5.280].

Article III. Construction Documents

16.25.180 Construction document submittal and review.

Construction document submittal and review by the city and other agencies shall be as provided in RRMC 16.25.200 through 16.25.250. [Ord. 11-373-O § 8-7:5.300].

16.25.190 Agency review.

A. The city planner, city administrator and the public works director shall review the construction documents for:

1. Conformance with the approved tentative plan and approved conceptual utility plan.

2. Conformance with city specifications for street, water line, sewer line, storm drain line and associated improvements.

3. Conformance with the tentative plan approval conditions.

4. Conformance with non-city utility and agency requirements.

B. Prior to city approval and sign-off of construction documents, the construction documents shall have:

1. Approval in writing by other non-city utilities and agencies, such as, but not limited to, Grants Pass Irrigation District, Gold Hill Irrigation District, West, Charter Cable TV, Pacific Corporation, Arista, Jackson County roads and parks services, and Oregon Department of Transportation.

2. Approval by the Department of Environmental Quality of sanitary sewer plans.

3. Approval by the Oregon Health Department of water plans.

C. The construction documents shall be approved in writing by all required utilities, agencies and the city of Rogue River, as outlined above. The public works director and the city administrator shall be the final signatories to the approved set of construction documents. Upon returning the approved construction documents to the developer, the city administrator shall assign a date for the pre-construction conference. No construction may begin on the site until the pre-construction conference is held and agreement is reached on any supplement to the construction documents required for approval, the schedule of construction, and any permits required by the developer from the city and any other agency prior to beginning of construction. [Ord. 11-373-O § 8-7:5.310].

16.25.200 Construction document submittal requirements.

Construction documents shall show the following, at a minimum:

A. Streets, Curb and Gutters, Sidewalks.

1. Plan and profile shall include:

a. Identify street names.

b. Horizontal scale: one inch equals 10 feet to one inch equals 60 feet.

c. Vertical scale: one-tenth or one-fifth of horizontal scale.

d. Provide centerline stationing.

e. Show existing grade centerline profile and proposed centerline profile.

f. Show centerline finish grades, centerline slopes and vertical curve data.

g. Show curb grades as necessary.

h. Show the location of proposed paving, curbs, gutters, sidewalks, driveway cuts, etc.

i. Show existing topography.

j. Show striping and signage.

k. Locate street lights.

l. Provide the general location in section of underground utilities.

2. Typical section shall include:

a. Centerline plus pavement, gutters, face of curb, sidewalk, bike route travel lane and right-of-way widths.

b. Cross slopes.

c. Pavement design section with pavement, base and subgrade thicknesses and specifications.

d. Typical side slopes to meet existing grades.

3. Elevations shall include:

a. Minimum of centerline elevations at 50-foot intervals.

b. Additional centerline as well as curb elevations necessary to assure accurate construction.

4. Details shall include sidewalk, curb and gutter, driveway approach, ADA ramps, etc.

5. Notes and specifications as needed in the opinion of the public works director.

B. Storm Drain.

1. Plan and profile shall include:

a. Same scale as street plan and profile.

b. Stationing.

c. Existing and proposed utilities.

d. Location and size of all pipes, structures and appurtenances.

e. Size, material, length and slope of all pipes.

f. Profile of pipelines.

2. Surface and invert elevations shall include:

a. Invert elevations at all structures, inlets and outlets.

b. Surface (finish grade) elevations of all catch basins, manholes and structures.

3. Details shall include:

a. Typical trench detail.

b. Catch basins, frames and grates.

c. Manholes, frames and grates.

d. Inlets and outfalls.

4. Notes and specifications as needed in the opinion of the public works director.

C. Sanitary Sewer.

1. Plan and profile shall include:

a. Same scale as street plan and profile.

b. Stationing.

c. Existing and proposed utilities.

d. Location and size of all pipes, structures, service laterals, and appurtenances.

e. Size, material, length and slope of all pipes.

f. Profile of pipelines.

2. Surface and invert elevations shall include:

a. Invert elevations in and out of all structures and at all fittings.

b. Surface (finish grade) elevations of all structures and cleanouts.

3. Details shall include:

a. Typical trench detail.

b. Manholes, frames and grates.

c. Cleanouts.

d. Typical service laterals.

4. Notes and specifications as needed in the opinion of the public works director.

5. Department of Environment Quality (DEQ) requirements shall be noted and provided in plan section or note form on the construction documents, as needed.

D. Potable Water, Fire Flow Water and Fire Hydrants.

1. Plan and profile shall include:

a. Same scale as street plan and profile.

b. Stationing.

c. Existing and proposed utilities.

d. Location and size of all pipes, structures, fittings, service laterals, fire hydrants, and appurtenances.

e. Size, material, length and minimum cover of all pipes.

f. Profile of mains.

2. Details shall include:

a. Typical trench.

b. Thrust blocks.

c. Fire hydrant assembly.

d. Typical service lateral, connection and meter box.

e. Blow-off assembly.

f. Air vacuum release assembly.

3. Notes and specifications as needed in the opinion of the public works director.

4. Oregon Health Division (OHD) requirements shall be noted and provided in plan section or note form on the construction documents, as needed.

E. Telephone, Cable TV, Power and Gas.

1. Plan (per utility company design).

2. Typical trench detail.

3. Service location to each lot and typical service detail.

F. Other agencies that may be required to review the construction documents, and for whom details or notes need to be provided, can include:

1. Wetlands (Division of State Lands, U.S. Army Corps of Engineers).

2. DEQ (hazardous waste and specialty stormwater).

3. DEQ (NPDES erosion control plan, if applicable).

4. ODOT (state highways and jurisdictional intersections).

5. GPID or GHID (irrigation system improvements).

G. General construction document requirement shall include:

1. Engineer’s stamp and signature on all sheets.

2. North arrow.

3. Graphic (bar) scale.

4. Source of survey data (property lines and topography).

5. Benchmark and basis of elevations.

6. Date.

7. Revisions block.

8. Developer’s name.

9. Engineer’s name, address and phone number.

10. Name of development.

11. Location map.

12. Legend.

13. General notes and reference to standards and specifications.

14. “Call before you dig” utility locating notice.

15. Agency sign-off block. [Ord. 11-373-O § 8-7:5.320].

16.25.210 Development agreement/development permit.

A. With acceptance of construction documents, the developer shall sign the development agreement, agreeing to comply with city requirements and procedures, and committing to install the improvements per the approved construction documents.

B. Upon acceptance of construction documents, and signing of the development agreement by the developer, those development conditions required to be completed prior to the issuance of a development permit by the review body in tentative plan approval must be satisfactorily completed. Upon satisfactory completion of these development conditions, a development permit shall be issued. [Ord. 11-373-O § 8-7:5.331].

16.25.220 Pre-construction conference.

A. Upon acceptance of construction documents, the city shall schedule a pre-construction conference and shall notify the property developer, project general contractor, and other agency staff.

B. At the pre-construction conference:

1. The city shall hand construction documents as approved to the contractor with approval signatures and stamps.

2. The developer shall assure staff that the developer has already called for or will call for locate services prior to beginning construction, and will contact the public works director when locate has been performed. The results of the actual locate of utilities may require revisions to approved plans, which may require input by the project engineer and review and approval by the public works director and city engineer, and construction shall not begin until after the locate has been performed.

3. The city shall provide developer and contractor with emergency contact numbers for city public works, city planning, and the utilities that will be involved in the development.

4. The developer shall assure staff that developer will provide a graveled track out area, will notify city prior to the beginning of construction, and will identify the firm’s responsibility for compaction and other testing that may be required.

5. The developer shall provide evidence to staff that the developer has all necessary permits and approvals in hand and is ready to begin. Permits include, at a minimum:

a. Development Permit (by City Planner). The city planner issues a development permit when those development conditions required by tentative plan approval prior to the development permit issuance, if any, have been satisfactorily completed. No construction may begin until the development permit is issued.

b. Storm and surface water management plan, and erosion prevention and sediment control plan by the public works director. No site grading shall begin prior to issuance of the permits by the public works director. This includes scarifying and other land clearing that would leave the site open to erosion.

c. Right-of-Way Encroachment Permit (by the Public Works Director). The right-of-way encroachment permit includes a city permit for encroachment on city streets and a county permit for encroachment upon county roads within the city limits or urban growth boundary.

6. The parties shall discuss the sequence of construction events, the developer’s construction timeline, and the city construction inspection requirements. Construction shall not begin until the public works director has given the signed and approved construction drawing set to the developer, has received all permits needed per above, and has approved the developer’s construction timeline.

C. Attendees at the pre-construction conference shall be identified by the public works director. Attendees may include the following:

1. For the city: public works director, city planner, city engineer.

2. For the property developer: project engineer, general contractor, utility subcontractor with foreman, surveyor.

3. For other agencies: representatives of local utility franchises, GPID, and GHID, and all other public utilities requesting notice of meeting.

The public works director shall notify city staff, the property developer and other agencies. The property developer shall be responsible for attendance of individuals on the developer’s team identified by the public works director as needing to attend. [Ord. 23-418-O §§ 99, 100, 101; Ord. 11-373-O § 8-7:5.332].

16.25.230 Construction inspection.

The construction shall be inspected at critical points in the project. These points shall be as identified by the public works director and the project engineer. Inspection of the streets and utilities where applicable shall be as follows:

A. Streets, storm drainage, and sanitary sewer by public works department.

B. Potable water, fire flow water and fire hydrants by the public works and fire district representatives.

C. Telephone by the phone company of record.

D. Cable TV by the cable television company of record.

E. Power by the power company of record.

F. Gas service by the natural gas company of record.

G. Other agencies as determined by the public works director. [Ord. 11-373-O § 8-7:5.333].

16.25.240 Changes during construction.

The public works director may require changes in typical sections and details in the public interest if conditions arise during construction to warrant the change. When such a change is requested, the work shall stop until the change is approved and documented by the project engineer. [Ord. 11-373-O § 8-7:5.334].

16.25.250 As-built drawings by the developer.

A. The developer’s engineer shall prepare as-built drawings for streets, storm drainage, sanitary sewer, and water lines, correcting for field changes, and deliver the as-built drawings on a mylar set and a computer disk with as-built drawings in AutoCAD Version 14, or other approved formats, to the public works director.

B. The power routing plan and other agency utility plans are prepared and kept by the power and utility companies, not by the city. Where utilities have been routed underground or over ground through the site in a manner or location different from the approved construction documents, the information should show on the as-built construction documents. [Ord. 11-373-O § 8-7:5.335].

Article IV. Construction Acceptance and Bonding for Completion and Maintenance

16.25.260 Construction acceptance.

Prior to acceptance of streets and city utilities by the city, and other utilities by other agencies, the streets and utilities shall be inspected for the following, at a minimum:

A. Streets shall be inspected for:

1. Compliance with approved construction documents.

2. Width.

3. Drainage.

4. Surface finish.

5. ADA access.

6. Striping and signage.

7. Subgrade, curb and gutter, and initial lifts of asphalt must be in (all but the top lift) prior to seeking bond. Bond is intended for minor adjustments only.

B. Storm drain shall be inspected for:

1. Compliance with approved construction documents.

2. Sight lines.

3. At a minimum, the major trunk line, manholes, and catch basins must be in and approved prior to seeking bond. Bond is intended for minor adjustments only.

C. Sanitary sewer shall be inspected for:

1. Compliance with approved construction documents.

2. Sight lines.

3. Hydrostatic or air test.

4. Mandrel test.

5. The major trunk line, lateral lines and manholes must be in and TV’d and accepted or with only minor adjustments remaining prior to seeking bond. Bond is intended for minor adjustments only.

D. Potable water, fire flow water and fire hydrants shall be inspected for:

1. Compliance with approved construction documents.

2. Pressure test.

3. Chlorination and bacteria test.

4. Operation of all valves and hydrants.

5. The water main, fire hydrants and all valves must be in and approved prior to seeking bond. Bond is for minor adjustments only.

E. Tentative plan development conditions shall be inspected and approved by the public works director.

F. Inspections of telephone lines, cable TV, power lines, gas lines, irrigation facilities and other facilities shall be inspected by an agency determined to be responsible by the public works director. [Ord. 11-373-O § 8-7:5.410].

16.25.270 Security for completion – Purpose and general provisions.

A. Purpose. The ability to provide security in lieu of immediate installation serves as the guarantee that work will be completed and provides the funding for the city if the applicant fails to complete the requirements. The standards for security protect the public.

B. General Provisions. Security shall be accepted for the following:

1. Final plat approval of a subdivision.

2. Street improvements.

3. Public water lines.

4. Public sewer lines.

5. Public sidewalks.

6. Required site improvements.

7. Landscaping. [Ord. 11-373-O § 8-7:5.421].

16.25.280 Criteria for security.

Security may be deposited in lieu of the final installation and final acceptance for street and other public and private improvements if all of the following criteria are met:

A. The applicant and all other persons with an interest in the property have met all of the following criteria:

1. They have no outstanding conditions for any other pending project more than 120 days old.

2. They have not forfeited the security and required the city to complete a project within the last five years.

3. They have not been in violation of any provision of this title or other city ordinances within the last five years.

4. They have not cleared significant-sized trees or graded a proposed subdivision prior to the issuance of a development permit or grading permit or cleared or graded in violation of that subdivision approval.

B. “Persons with an interest in the property” of subsection (A) of this section shall not include those persons with all of the following characteristics: those having only a security interest in the property, those who do not have any right to direct or control any aspect of the day to day operations related to the development of the property, and those who have not previously maintained any ownership interest in the property except as a security interest.

C. All permits, engineering and other fees which are due and payable by the applicant for the current and all other projects have been paid.

D. The city is provided with a completion contract signed by a licensed and bonded developer which authorizes the city to complete installation of public improvements as shown in the construction documents approved by the city. The contract shall:

1. Be signed with pre-qualified contractors for installation of the improvements. The contract shall include all items which have not been completed, such as:

a. Paving, including curb and gutter.

b. Sidewalks.

c. Any other conditions of approval that cannot be completed until the installation of a street.

d. Repair any damage to existing water, sewer, storm drainage system, or base rock prior to the installation of paving.

2. Comply with the prevailing wage laws of the state of Oregon for local government construction of a public improvement as set forth in ORS Chapter 279C.

3. Contain provisions allowing the city to require installation of the improvements and allowing the city to pay the contract amount from the security posted.

4. Authorize the city to use a contractor to install the improvements pursuant to the city’s ordinary bidding process. [Ord. 23-418-O § 102; Ord. 11-373-O § 8-7:5.422].

16.25.290 Items included in the security.

The security shall include the following:

A. Inspection fees of five percent of the completion contract amount which shall be deducted from the deposit based on an hourly rate, with the balance of any fees returned to the applicant.

B. Management fee of eight percent of the completion contract amount which is a flat fee paid to the city and not returned to the applicant if the city initiates the completion contract because of an applicant’s failure to install all of the required improvements.

C. Administration fee of two percent of the completion contract amount which is a flat fee paid to the city and not returned to the applicant if the city initiates a completion contract because of an applicant’s failure to install the required improvements.

D. Contingency for punch list items at five percent of the completion contract amount which shall be deducted from the deposit based on expenses actually incurred with the balance of any fees returned to the applicant. [Ord. 11-373-O § 8-7:5.423].

16.25.300 Form of security.

Security must be in the form of cash, bank deposits, certificates of deposits or letters of credit satisfactory to the city. [Ord. 11-373-O § 8-7:5.424].

16.25.310 Procedure for acceptance of security.

A. Pre-Bond Conference. The developer shall discuss the extent, amount, mechanism, and contract requirements of the bond with city staff. In a pre-bond conference the developer will show in writing how he can achieve perfection of the bond per city requirements.

B. Bond Submittal. The developer shall submit a memo by the project general contractor verifying the original project bid plus change order costs equaling a total cost for each line item proposed for a bond. The developer shall submit a memo stating the percent of the total cost and the dollar amount needed for completion of the item. A bond, letter of credit, or bank certificate of deposit documentation shall be submitted.

C. Bond Review. The public works director shall compare the developer items required for completion with the city completion punch list, and verify that all items called for in the construction documents that are not included in the completion bond have in fact been completed and accepted by the city. The public works director shall review the general contractor memo stating the bid amount and the project engineer’s signed memo specifying the percent completion remaining for each item. The city administrator and the city attorney shall document acceptance of the form of the security provided.

D. Acceptance of Security. The city administrator shall, upon completing the above steps, and finding the proposed security acceptable, accept the security in writing. [Ord. 11-373-O § 8-7:5.425].

16.25.320 Completion and timing.

For those public improvements for which security has been allowed, construction of all remaining improvements not including sidewalks and tree planting if required, shall be completed within six months of the recording of the final plat. Occupancy of homes or business premises shall not be permitted until all public improvements have been installed, tested, and received final acceptance by the city, and maintenance bonding has been received and approved for streets and public utilities. [Ord. 11-373-O § 8-7:5.426].

16.25.330 Release of security.

Security can be released upon written request of the applicant and with the demonstration of the completion and acceptance of the work by the city. The amount of the release shall be based on the estimate for the work completed. An inspection and processing fee of $100.00 will be deducted from each payment. [Ord. 11-373-O § 8-7:5.427].

16.25.340 Maintenance bond.

The developer of any public improvement, such as but not limited to streets (to include curb, gutter and sidewalk), water line, sanitary sewer line, storm drain line, or other required public improvement, shall be required to post a maintenance bond equivalent to 20 percent of the completed value of the work.

A. Pre-Bond Conference. The developer shall discuss the extent, amount, mechanism and contract requirements of the bond with city staff. In a pre-bond conference the developer will show in writing how he can achieve perfection of the bond per city requirements.

B. Bond Submittal. The developer shall submit a memo verifying the original project bid plus change order costs equaling a total cost for each line item proposed for a maintenance bond by the project general contractor. A bond, letter of credit, or bank certificate of deposit documentation shall be submitted in a form satisfactory to the city.

C. Bond Review. The public works director shall compare the items proposed for bonding with the city maintenance punch list, and verify that all items called for in the construction documents that are included in the maintenance bond have in fact been completed and accepted by the city. The city administrator and the city attorney shall document acceptance of the form of the security provided. [Ord. 11-373-O § 8-7:5.430].

16.25.350 Procedure if failure occurs and repair is needed.

A. The city shall notify the developer in writing of required maintenance or repair on a bonded facility with a reasonable deadline for completion. If an emergency exists or the developer fails to perform on time, the city may do the work with their forces or by contractor at the developer’s expense.

B. Repairs may be accomplished by:

1. For streets, storm drain and sanitary sewer, the developer will be responsible, using city approved contractor and methods. Work must be inspected by the city.

2. For potable water, fire flow water and fire hydrants, all in service water system repairs shall be performed by the city or their contractor at the developer’s expense. [Ord. 11-373-O § 8-7:5.431].

Article V. Fees and Assessments

16.25.360 System development charges.

A. To facilitate the extension of the area-wide urban service and utility system facilities required for full urbanization, applicants for urban-level development shall be responsible for payment of the system development charges for water systems, sanitary sewer systems, storm drainage systems and street and transportation systems, if any. The fee schedule of such charges shall be as established by the city council.

B. Charge Collection. System development charges shall be paid prior to the issuance of a building permit.

C. Segregation and Use of Revenues. All funds derived from the system development charges are to be segregated by accounting practices by the city, and shall be used for no other purpose than installing, constructing, expanding and extending urban service and utility systems beyond present capacity within the urban growth boundary area, including treatment plant expansion, reservoirs, main lines, pumping stations, and other appurtenances to the utility and service systems. [Ord. 11-373-O § 8-7:5.510].