Chapter 3.4
PUBLIC IMPROVEMENT STANDARDS Revised 9/19

Sections:

3.4.100    Purpose and Authority.

3.4.150    Waiver and Modification of Public Improvement Standards. Revised 9/19

3.4.160    Payment in Lieu of Sidewalk Construction. Revised 9/19

3.4.200    Transportation Improvement Standards. Revised 9/19

3.4.300    Public Use Areas.

3.4.400    Sanitary Sewer and Water Service Improvements.

3.4.500    Storm Drainage Improvements.

3.4.600    Utilities.

3.4.700    Easements.

3.4.800    Construction Plan Approval and Assurances.

3.4.900    Installation.

3.4.100 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. This chapter is intended to guide development through the implementation of the City of Bend Standards and Specifications.

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 or waived under BDC 3.4.150.

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 standards and specifications adopted by the City applicable to public works or public improvements. The provisions of this chapter prevail over any inconsistent standard or specification unless the applicable standard is modified or waived under BDC 3.4.150.

D.    Conditions of Development Approval. No development shall occur unless required public facilities are in place or guaranteed. Improvements required to be constructed by the developer as a condition of development approval, when not voluntarily accepted by the applicant, shall be roughly proportional to the impact of development on public facilities and services. Findings in the development approval shall indicate how the required improvements are related to and roughly proportional to the impact. The City may deny an application if required public improvements are not in place, or the City may impose conditions of approval tying the timing of construction and/or occupancy of a proposed development to anticipated public improvements without requiring the applicant to construct the public improvements. [Ord. NS-2229, 2014; Ord. NS-2139, 2010; Ord. NS-2016, 2006]

3.4.150 Waiver and Modification of Public Improvement Standards. Revised 9/19

A.    Authority to Grant Waiver or Modification. Waivers and/or modifications of the standards of this chapter and/or the City of Bend Standards and Specifications may be granted as part of a development approval only if the criteria of subsection (B) of this section are met. A waiver for sidewalks for the Woodriver Village subdivision is not permitted under this subsection. See BDC 3.4.160, Payment in Lieu of Sidewalk Construction.

B.    Criteria. The Review Authority, after considering the recommendation of the City Engineer, may waive or modify the standards of this title and the City of Bend Standards and Specifications based on a determination that (1) the waiver or modification will not harm or will be beneficial to the public in general; (2) the waiver and modification are not inconsistent with the general purpose of ensuring adequate public facilities; and (3) one or more of the following conditions are met:

1.    The modification or waiver is necessary to eliminate or reduce impacts on existing drainage patterns or natural features such as riparian areas, significant trees or vegetation, or steep slopes.

2.    An existing structure such as a substantial retaining wall makes widening a street or right-of-way or required placement of lines impractical or undesirable.

3.    Street access to an existing lot would be eliminated without the waiver or modification.

4.    Building on an existing lot would be infeasible without the waiver or modification.

5.    The standard is a street or right-of-way standard and existing structures on the same side of the block make future widening of the remainder of the street or right-of-way unlikely and the additional width on the project site would not be beneficial for sidewalks or parking without the extension for the rest of the block.

6.    The modification or waiver is needed to allow development of, or street access to, the property because of topographical constraints.

7.    The existing infrastructure (a) does not meet current standards, (b) is and will remain functionally equivalent to current standards, and (c) there is little likelihood that current standards will be met in the area.

8.    The installation of the required improvements would likely cause unacceptable significant adverse environmental impacts and the waiver/modification would avoid such impacts.

9.    There is insufficient right-of-way to allow a full width street cross-section and additional right-of-way cannot be provided.

10.    There is no street or right-of-way adjacent to the property and easement access has been obtained across private property.

11.    Required street frontage improvements for individual single-family dwellings could best be accomplished by planned area-wide improvements at a future date.

12.    The City has conflicting or inconsistent standards and the proposal would comply with one set of adopted standards. Standards are conflicting or inconsistent only when it is not possible to comply with both. In most situations, the more recently adopted standard should be followed and the older standard may be waived.

Maximization of the number of lots or parcels in a land division is not a reason to allow a waiver or modification.

C.    Other Requirements Not Waived. Any waivers under this section do not exempt the developer from submitting plans which meet all other applicable specifications.

D.    Application Requirements. The application for a waiver or modification shall be in writing submitted as part of a development application. The City Council may adopt a fee for a waiver/modification application by resolution. The application shall specify which requirement(s) of this chapter and/or the City of Bend Standards and Specifications are at issue and which of the condition(s) listed above are met. The application shall contain a statement explaining why the deviation from the required standards is necessary and why the waiver or modification sought will not harm or will be beneficial to the general public.

E.    Conditions. The City may impose a condition of approval requiring a signed agreement not to remonstrate against the formation of a local improvement district. [Ord. NS-2349, 2019; Ord. NS-2229, 2014; Ord. NS-2177, 2012; Ord. NS-2139, 2010; Ord. NS-2016, 2006]

3.4.160 Payment in Lieu of Sidewalk Construction. Revised 9/19

A.    Properties within the Woodriver Village subdivision must make a payment in lieu of constructing a sidewalk per lot which is not required to construct a sidewalk as a condition of development approval. The payment will be established in the City’s fee resolution. The payment requirement is limited to the Woodriver Village subdivision and is based on the unique characteristics of the Woodriver Village subdivision, as follows:

1.    The subdivision was approved in Deschutes County in 1972 prior to annexation to City of Bend in 1993;

2.    The public right-of-way width ranges between 40 feet to 60 feet;

3.    The pavement width is less than 24 feet;

4.    There are no curbs; and

5.    The area includes significant trees, rock outcroppings and a rural appearance.

B.    The applicant must make a payment in lieu of constructing the sidewalk prior to issuance of a building permit or land division final plat approval, whichever occurs first.

The payment in lieu of sidewalk construction is a one-time payment deposited into a sidewalk fund. The funds must be spent on costs directly related to the maintenance or construction of public pedestrian facilities, including land acquisition, design, and construction of sidewalks, that are reasonably expected to benefit or serve the resident(s) of the Woodriver Village subdivision. [Ord. NS-2349, 2019]

3.4.200 Transportation Improvement Standards. Revised 9/19

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 BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation, and the following standards are met:

1.    Streets within or adjacent to a development shall be improved in accordance with the Bend Urban Area Transportation System Plan (TSP), provisions of this chapter and other pertinent sections of this code.

2.    Development of new streets, and additional street width or improvements planned as a portion of an existing street, shall be improved in accordance with this section, and public street right-of-way and private street easements shall be dedicated to the City, Deschutes County or the Oregon Department of Transportation.

3.    All new and/or existing streets and alleys shall be paved per the City of Bend Standards and Specifications document.

B.    Variances. Variances to the transportation design guidelines in this section may be granted by means of a Class C variance, as governed by BDC 5.1.400(B)(4), Variance to Transportation Improvement Requirements. A variance may be granted under this provision only if a required improvement is not feasible due to topographic constraints or constraints posed by sensitive lands or the project does not meet the exception standards listed herein.

C.    Creation of Rights-of-Way for Streets and Related Purposes. Streets shall be created through the approval and recording of a final subdivision or partition plat; except the City may approve the creation of a public right-of-way by acceptance of a deed, where no plat will be recorded; and provided, that the street is deemed essential for the purpose of implementing the Bend Urban Area Transportation System Plan, and the deeded right-of-way conforms to this code. All deeds of dedication shall be in a form prescribed by the City and shall name “the public” as grantee.

D.    Creation of Vehicular Access and Public Utility Easements. The City may require a vehicular access and public utility easement established by deed when the easement is necessary to provide for vehicular access and circulation and/or provision of public utilities in conformance with BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation, or other sections of this code. Access easements shall be created and maintained in accordance with the Uniform Fire Code Section 10.207 and City of Bend Standards and Specifications.

E.    Street Location, Width and Grade. Except as noted below, the location, width and grade of all streets shall conform to the City of Bend Standards and Specifications document, the provisions of this chapter and an 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 as approved by the City Engineer in accordance with the design standards in Tables A through E in this section.

2.    Where the location of a street is not shown in an existing street plan in conformance with subsection (I) of this section, Future Street Plan and Extension of Streets, the location of streets in a development shall either:

a.    Provide for the continuation and connection of existing streets in the surrounding areas, conforming to the street standards of this chapter; or

b.    Where it is impractical to connect with existing street patterns because of topographical constraints or where the existing built environment precludes future street connections, the applicant shall conform to a street plan approved by the Review Authority. Such a plan shall be based on the type of land use to be served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety.

F.    Minimum Rights-of-Way and Street Sections. Street rights-of-way and improvements shall be the widths defined in Street Improvement Standards Tables A through E. Additional right-of-way may be required at intersections to accommodate intersection widening and roundabouts.

1.    Pavement Widths. The required pavement width shall be determined based upon the factors listed below:

a.    Street classification in the Transportation System Plan;

b.    Anticipated traffic volume for the City’s planning horizon year;

c.    On-street parking needs;

d.    Sidewalk and bikeway requirements based on anticipated level of use;

e.    Requirements for placement of utilities;

f.    Street lighting;

g.    Minimizing drainage, slope, and sensitive lands impacts, as identified by the Bend Comprehensive Plan;

h.    Street tree location, as provided for in BDC Chapter 3.2;

i.    Protection of significant vegetation, as provided for in BDC Chapter 3.2;

j.    Safety and comfort for motorists, bicyclists, and pedestrians;

k.    Street furnishings (e.g., benches, lighting, bus shelters, etc.), when provided;

l.    Access needs for emergency vehicles; and

m.    Consistent extension of existing street section.

2.    Future Street Widths and Special Building Lines. To ensure that adequate transportation corridors will be preserved for the future, the special setbacks established in subsection (J) of this section shall apply.

3.    Exceptions to Minimum Rights-of-Way Standards.

a.    Where opposite sides of the street are designated on the Bend Comprehensive Plan with different land use zones, the zone with the greater requirement for right-of-way dedication and pavement width will govern both sides of the street.

Table A: Improvement Standards for Dedicated Public Roadways in Residential Zones

(UAR, RL, RS, RM-10, RM and RH) 

Street Classification

Minimum Right-of-Way

Minimum Pavement Width

Planter Strips

Max. Grade (3)

Sidewalks Both Sides

Bike Lanes

Curbs

Principal Arterial (2)

100'

76'

5'

6%

Yes

Yes

Yes

Major Arterial

100'

76'

5'

6%

Yes

Yes

Yes

Minor Arterial

100'

56'

5'

6%

Yes

Yes

Yes

Major Collector

80'

56'

5'

8%

6'

Yes

Yes

Local Street RM or RH

60'

36'

5'

10%

6'

No

Yes

Local Street (1)

UAR, RL, RS, RM-10

60'

24'/28'/32'

5'

10%

5'

No

Yes

Cul-de-Sac All Residential Zones

60'

24'

5'

10%

5'

No

Yes

Alley

20'

20'

No

10%

None

No

No

Requirements:

1.    Local Streets:

a.    24-foot-wide street – No parking allowed on either side of the street.

b.    28-foot-wide street – Parking allowed on one side.

c.    32-foot-wide street – Parking allowed both sides in UAR, RL, RS, and RM-10 Zones.

d.    36-foot-wide street – Parking allowed both sides in RM and RH Zones.

e.    Special street widths (see subsection (J) of this section).

2.    Expressways and arterials that are Oregon Department of Transportation (ODOT) facilities shall meet ODOT design standards.

3.    See Table E for grade exceptions in steep terrain areas.

Table B: Improvement Standards for Dedicated Public Roadways in Commercial Zones

CB, CC, CL, CG, ME, MR, PF and PO 

Street Classification

Minimum Right-of-Way

Minimum Pavement Width

Planter Strips

Minimum Turn Lane/Median Island Width (1)

Maximum Grade (2)

Direct Site Access

Sidewalks Both Sides

Curbs

Principal Arterial (3)

100'

76'

5'

11'/16'

6%

No

6'

Yes

Major Arterial

100'

76'

5'

11'/16'

6%

No

6'

Yes

Minor Arterial

100'

56'

5'

11'/16'

6%

No

6'

Yes

Major Collector

80'

56'

5'

11'/16'

6%

Yes

6'

Yes

Local

60'

36'

5'

None

10%

Yes

5'

Yes

Alley (4)

20'

20'

No

None

10%

Yes

None

No

Requirements:

1.    The first dimension is the minimum required width of the turn lane while the second dimension applies to the raised median width constructed between intersections:

a.    Intersection turn lane pocket width is 11 feet while the median end cap width is five feet in width.

2.    See: Table E for grade exceptions in steep terrain areas.

3.    Expressways and arterials that are Oregon Department of Transportation (ODOT) facilities shall meet ODOT design standards.

4.    Alleys are not required in Commercial Zones.

Table C: Improvement Standards for Dedicated Public Roadways in Industrial Zones IL and IG 

Street Classification

Minimum Right-of-Way

Minimum Pavement Width

Planter Strips

Minimum Turn Lane/Median Island Width (1)

Maximum Grade (2)

Direct Site Access

Sidewalks Both Sides

Curbs

Principal Arterial (4)

100'

76'

5'

11'/16'

6%

No

6'

Yes

Major Arterial

100'

76'

5'

11'/16'

6%

No

6'

Yes

Minor Arterial

100'

56'

5'

11'/16'

6%

No

6'

Yes

Major Collector

80'

56'

5'

11'/16'

6%

Yes

6'

Yes

Local: No Parking

60'

36'

5'

None

10%

Yes

5'

Yes

Local: w/ Parking

60'

44'

5'

None

10%

Yes

5'

Yes

Requirements:

1.    The first dimension is the minimum required width of the turn lane while the second dimension applies to the raised median width constructed between intersections:

a.    Intersection turn lane pocket width is 11 feet while the median end cap width is five feet in width.

2.    See: Table E for grade exceptions in steep terrain areas.

3.    Alleys are not required in Industrial Zones.

4.    Expressways and arterials that are Oregon Department of Transportation (ODOT) facilities shall meet ODOT design standards.

Table D: Improvement Standards for Private Streets 

Street Classification

Minimum Roadway Easement Dedication

Pavement Width

Maximum Grade

Direct Site Access

Bike Lanes

Sidewalks

Curbs

Local Residential Streets

Greater than or equal to street improvement width including sidewalks.

24'/28'/32'

10%

Yes

No

5' both sides

Yes

“T” Courts Less Than or Equal to 150 Feet Long

40'

24'

12%

Yes

No

Yes

Yes

Local Commercial Streets

Greater than or equal to street improvement width, including sidewalks.

36'

10%

Yes

No

5' both sides

Yes

Requirements:

1.    Drainage must be retained on site and not drain to public right-of-way.

2.    Minimum roadway easement dedication (private property) with public property access dedicated for specific use for vehicle and pedestrian circulation.

3.    Private streets shall be constructed to public standards for public roadways (Tables A through C) except as modified by Table D. Private streets shall contain a public access easement and public utility easement for the entire width of the private street from the outside of each sidewalk, inward, and for the entire length of the private street.

4.    Collector and higher classification roadways are not permitted to be private.

Table E: Improvement Standards for Dedicated Public Roadways on Hillsides 

Street Classification

Minimum Right-of-Way

Minimum Pavement Width

Max. Grade

Sidewalks Both Sides Curb Tight

Bike Lanes

Curbs

Minor Arterial

(All Zones)

100'

36'

8%

6'

Yes

Yes

Major Collector

(All Zones)

80'

36'

8%

6'

Yes

Yes

Local: RM or RH Parking Both Sides

60'

36'

10%

6'

No

Yes

Local: RS

60'

24'/28'/32' (3)

10%

5'

No

Yes

Local Cul-De-Sac

60'

24'/28'/32' (3)

10%

5'

No

Yes

Alley

20'

20'

10%

None

No

No

Requirements:

1.    Hillside street standards apply to those portions of streets constructed on existing slopes exceeding 15 percent.

2.    Planter strips are not required on those portions of the street that qualify for hillside standards.

3.    Local Streets:

a.    24-foot-wide street – No parking allowed on either side of the street.

b.    28-foot-wide street – Parking allowed on one side.

c.    32-foot-wide street – Parking allowed both sides in UAR, RL, RS, and RM-10 Zones.

d.    36-foot-wide street – Parking allowed both sides in RM and RH Zones.

e.    Special street widths (see subsection (J) of this section).

G.    Traffic Controls.

1.    Traffic signals/roundabouts shall be required and installed in accordance with BDC Chapter 4.7, Transportation Analysis, with development when traffic control warrants are met, in conformance with the Highway Capacity Manual and Manual of Uniform Traffic Control Devices. Traffic signal/roundabout design shall be approved by City Engineer. The developer’s financial responsibility and the timing of improvements shall be included as a condition of development approval.

2.    Traffic controls on roads under State jurisdiction shall be determined by the Oregon Department of Transportation.

H.    Medians. The use of landscaped medians improves community appearance, helps maintain system mobility and reduces the effects of wide street widths to all modes of travel. Medians will be landscaped with water efficient plant materials that are easily maintained.

1.    The design of medians on roads under City jurisdiction shall be approved by the City Engineer.

2.    The design of medians on roads under State jurisdiction shall be approved by the Oregon Department of Transportation.

I.    Future Street Plan and Extension of Streets.

1.    When a street plan has been developed and adopted by City Council along with an area plan, such as a Refinement Plan, that street plan shall guide the location and spacing of future streets pursuant to City of Bend Standards and Specifications.

2.    When no adopted street plan exists for the site, a future street plan shall be filed by the applicant in conjunction with an application for development, in order to facilitate orderly development of the street system. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed development and shall include other properties within 400 feet of the site boundaries, and other developed streets or public rights-of-way or natural barriers surrounding and adjacent to the proposed development. The street plan is not binding; rather, it is intended to show potential future street extensions with future development.

3.    Streets shall be extended to the boundary lines of the property to be developed, when the Review Authority determines that the extension is necessary to give street access to, or permit a satisfactory future development of, adjoining land. The point where the streets temporarily end shall conform to subsections (I)(3)(a) through (c) of this section:

a.    These extended streets or street stubs to adjoining properties are not considered to be cul-de-sacs, since they are intended to continue as through streets when the adjoining property is developed.

b.    A City-approved barricade shall be constructed at the end of the street by the developer and shall not be removed until authorized by the City or other applicable agency with jurisdiction over the street. The Review Authority may also require signs that indicate the location of a future road connection.

c.    Temporary turnarounds (e.g., hammerhead or bulb-shaped configuration) shall be constructed for stub streets over 150 feet in length.

4.    Construction of partial width streets shall not be permitted, except as approved by the City Engineer. A partial street improvement may be approved only at the outer boundaries of a development where the street is required by other land use requirements and it is likely that adjacent underdeveloped property will complete the street construction. The following limitation shall apply:

a.    Partial street improvements are only allowed where available right-of-way is insufficient to allow a full street improvement.

J.    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.

    Exception. The special setback standards do not apply to intersections or streets that are already constructed consistent with the Bend Urban Area Transportation System Plan (TSP) including streets identified by the TSP as “not being authorized for lane expansion.”

3.    Setback.

a.    Unless waived under BDC 3.4.150, 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 BDC 3.4.150, the special setback from existing substandard width rights-of-way shall comply with Table F.

Table F: Special Setback Standards

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.

K.    Street Alignment and Connections.

1.    Staggering of streets making “T” intersections at collectors and arterials shall be located to conform with the spacing standards contained in the Bend Urban Area Transportation System Plan and BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation.

2.    Spacing between local/local street intersections shall conform to the spacing standards contained in the City’s Standards and Specifications document and BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation. This standard applies to four-way and three-way (offset) intersections. Offset local street alignments shall be at least 125 feet distance between the centerlines of the streets.

3.    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.

4.    Proposed streets or street extensions shall be located to provide access to existing or planned commercial services and other neighborhood facilities, such as schools, shopping areas and parks.

5.    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 BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation.

L.    Sidewalks, Planter Strips, Curbs, Bicycle Lanes. Sidewalks, planter strips, curbs and bicycle lanes must be installed in conformance with the applicable provisions of the Bend Urban Area Transportation System Plan, the Bend Comprehensive Plan, City of Bend 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 must be allowed to meander around existing trees in conformance with the requirements of the Americans with Disabilities Act.

7.    All public and private streets must have sidewalks and curbs.

a.    Exceptions. Properties within the Woodriver Village subdivision must make a payment in lieu of constructing a sidewalk subject to BDC 3.4.160, Payment in Lieu of Sidewalk Construction.

M.    Intersection Angles. Streets shall be laid out so as to intersect at an angle as near to a right angle as practicable, except where topography requires a lesser angle. In no case shall the centerline angle be less than 80 degrees.

N.    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 subdivision or site development, in conformance with Tables A through E in this section.

O.    Cul-de-Sacs. A cul-de-sac street shall only be used when the applicant demonstrates that environmental or topographical constraints, existing development patterns, or compliance with other standards in this code preclude street extension and through circulation.

1.    All cul-de-sacs shall terminate with a circular turnaround. Circular turnarounds shall have a curb radius of no less than 45 feet. Turnarounds may be larger when they contain a landscaped island or parking bay in their center. When an island or parking bay is provided, there shall be a fire apparatus access road of 20 feet in width.

P.    Grades and Curves. Grades shall not exceed those shown in Tables A through E in this section, unless approved through a waiver in accordance with BDC 3.4.150.

1.    Centerline curve radii and vertical curves shall conform to the American Association of State Highway and Transportation Officials (AASHTO) design criteria.

2.    At the intersections of arterial and/or collector streets, the approach grade shall average no more than +/- four percent for 250 feet from the edge of the intersecting roadway at full improvement. Local streets intersecting arterials or collectors shall provide a minimum of 50 feet of approach grade at no more than an average of +/- four percent.

3.    Existing conditions may warrant additional design criteria. All streets and intersection designs shall be subject to the approval of the City Engineer.

4.    Lesser grades may be required at intersections as per City specifications. Grades in excess of 10 percent are subject to Fire Department approval.

Q.    Curbs, Curb Cuts, Ramps, and Driveway Approaches. Concrete curbs, curb cuts, curb ramps, bicycle ramps and driveway approaches shall be constructed in accordance with BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation, City of Bend Standards and Specifications and the following standards:

1.    Curb exposure shall be per City Standards and Specifications.

2.    All public and private streets shall have curbs, except there shall be no curbs on alleys unless otherwise approved by the City Engineer.

3.    Curb extensions at local residential street intersections are optional. If provided, the minimum width between the curb extensions shall be 24 feet. Curb extensions shall not be used on streets with bike lanes.

R.    Street Adjacent to Railroad Right-of-Way. Wherever the proposed development contains or is adjacent to a railroad right-of-way, a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land shall be created. New railroad crossings and modifications to existing crossings are subject to review and approval by the Oregon Department of Transportation and the rail service provider.

S.    Development Adjoining Arterial Streets. Where a development adjoins or is crossed by an existing or proposed arterial street, the development design shall provide access to/from the arterial consistent with BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation, and City of Bend Standards and Specifications.

T.    Alleys, Public or Private. Alleys shall conform to the standards in Tables A through E in this section. While alley intersections and sharp changes in alignment shall be avoided, the corners of necessary alley/alley intersections shall have a radius of not less than 12 feet, except where Fire Department access is required, the inside radius shall not be less than 30 feet. Right-of-way dedication for public alleys or roadway dedication for private alleys will be increased to match the pavement width.

U.    Private Streets. Private streets shall connect with public streets to complete the City’s transportation system grid where practical.

V.    Street Names. All street names shall be approved by Review Authority. 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 City of Bend Standards and Specifications.

W.    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.

X.    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 City of Bend Standards and Specifications.

Y.    Street Light Standards. Street lights shall be installed in accordance with City of Bend Standards and Specifications. [Ord. NS-2349, 2019; Ord. NS-2303, 2018; Ord. NS-2271, 2016; Ord. NS-2251, 2015; Ord. NS-2229, 2014; Ord. NS-2150, 2010; Ord. NS-2016, 2006]

3.4.300 Public Use Areas.

Public open space and parks contribute to the livability of a growing community. They provide space for outdoor recreation and habitat for urban wildlife. These urban spaces are maintained and managed by the Bend Metro Park and Recreation District (BMPRD). Future public use areas are evaluated through the City’s land use application process.

A.    Neighborhood Parks. The following standards will be used to evaluate a proposed development to determine if the property includes an area that is suitable for a neighborhood park. Upon meeting these standards, the developer shall enter into negotiations with the Bend Metro Park and Recreation District regarding district purchase of land within the property proposed for development for construction of a neighborhood park.

1.    The subject property is located within a service area identified on the Neighborhood Parks Plan Map adopted by the Bend Metro Park and Recreation District as needing neighborhood parks.

2.    The property proposed for development is 10 acres or larger in area.

3.    The Bend Metro Park and Recreation District has indicated that the subject property contains a sufficient area that is suitable for neighborhood park development based on the Bend Metro Park and Recreation District Neighborhood Park Classification and Development Standards.

B.    Dedication Requirements.

1.    Where a proposed park, playground or other public use shown in a plan adopted by the Bend Metro Parks and Recreation District is located in whole or in part in a proposed development, the City may require the dedication or reservation of this area.

2.    If determined by the City Council to be in the public interest in accordance with adopted Bend Comprehensive Plan policies, and where an adopted plan of the City does not indicate proposed public use areas, the City may require the dedication or reservation of areas within the development of a character, extent and location suitable for the development of parks and other public uses.

3.    All required dedications of public use areas shall conform to BDC 3.4.100(D), Conditions of Development Approval.

C.    Acquisition by Public Agency. If the developer is required to reserve land area for a park, playground, or other public use, the land shall be transferred by deed to the appropriate public agency within six months following final approval, at a price agreed upon prior to approval of the development, or the reservation shall be released to the property owner. [Ord. NS-2302, 2018; Ord. NS-2271, 2016; Ord. NS-2229, 2014; Ord. NS-2016, 2006]

3.4.400 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 City’s construction specifications as described in the City of Bend Standards and Specifications document and the applicable Bend Comprehensive Plan policies.

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 City of Bend 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 Water and Sewer 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 Bend 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.    Sewer Collection Service outside the Bend Urban Growth Boundary (UGB). The City may establish sewer collection or treatment facilities outside the Bend UGB, including, but not limited to, the extension of sewer interceptor lines to serve lands in the UGB more efficiently by traversing outside the Bend UGB, or to connect to treatment facilities outside of the Bend UGB. Service connections to these facilities may only be allowed in cases where either the Oregon Department of Environmental Quality or Oregon Health Division determines a public health hazard exists and service is provided consistent with OAR 660-011. [Ord. NS-2302, 2018; Ord. NS-2271, 2016; Ord. NS-2229, 2014; Ord. NS-2016, 2006]

3.4.500 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 City construction specifications as described in the City of Bend Standards and Specifications and BC Title 16, Grading, Excavation, and Stormwater Management.

B.    Accommodation of Upstream Drainage. Drainage facilities shall be designed and constructed to accommodate increased runoff so that discharge rates existing before the proposed development shall not be increased, and accelerated channel erosion will not occur as a result of the proposed land disturbance or development activity. Such facilities shall be subject to review and approval by the City Engineer.

C.    Effect on Downstream Drainage. Where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the City shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for management of additional runoff caused by the development in accordance with City of Bend Standards and Specifications. Drainage shall not be directed to an existing watercourse, channel, stream or canal. Storm drainage facilities shall comply with applicable State and Federal regulatory requirements.

D.    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.

E.    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. NS-2229, 2014; Order No. 2012-01, 2012; Ord. NS-2016, 2006]

3.4.600 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 BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation.

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. NS-2229, 2014; Ord. NS-2016, 2006]

3.4.700 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. NS-2229, 2014; Ord. NS-2016, 2006]

3.4.800 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 signed a Public Facilities Infrastructure Agreement (PFIA), paid permit fees, and received a permit. 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 or subdivider to provide bonding or other performance guarantees to ensure completion of required public improvements in accordance with the provisions of BDC 4.2.700, Bonding and Assurances for All Developments, and 4.3.400, Final Plat.

C.    Work within the Public Rights-of-Way. The City shall approve all contractors and their subcontractors who work in the City rights-of-way. [Ord. NS-2229, 2014; Ord. NS-2016, 2006]

3.4.900 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 City of Bend 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. Modifications requested by the developer shall be subject to land use review under BDC 4.1.1300, Limitations on Approvals. 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. NS-2229, 2014; Ord. NS-2016, 2006]