Chapter 19.81
ACCESS STANDARDS
Sections:
19.81.030 General roadway design criteria and standards.
19.81.040 Street creation within a land division.
19.81.050 Street creation outside a land division.
19.81.060 Submission of proposed deed.
19.81.080 Relation to adjoining street system.
19.81.090 Future extension of streets.
19.81.110 Alignment at intersections.
19.81.120 Streets abutting a land division.
19.81.130 Road design, construction and improvement standards.
19.81.180 Street intersections.
19.81.190 Standard drive approaches.
19.81.200 Restricted residential roads.
19.81.210 Streets shown on master transportation plan.
19.81.010 Purpose.
The purpose of these standards is to ensure safe ingress and egress to and from properties; to minimize street congestion and traffic hazards; to protect the future operation of transportation facilities; to provide safe and convenient access to businesses, public services, and places of public assembly; and to make vehicular circulation more compatible with surrounding land uses. [Ord. 2108-003 § 1; 2005 RLDC § 81.010.]
19.81.020 Access standards.
A. Every lot or parcel created by a new land division shall abut a maintained County road or street for at least 25 feet, shall abut a state highway where the Oregon Department of Transportation has issued an access permit to each lot or parcel, or be served by a private road easement with a recorded maintenance agreement. Lots or parcels that do not abut such a road, highway, or private road easement may be approved by the Review Body when the following conditions exist:
1. When a parcel of land is an isolated ownership, where not more than two lots can be developed from the original parcel or from adjoining lands, and where access is by easement which has been created prior to June 29, 1973, the existence of an easement to the property line shall be deemed to continue to the proposed parcel;
2. When a parcel of land receives access by a public usage road declared by a court of competent jurisdiction or by a nonmaintained County road, and where the Review Body finds that acceptance of such road for partitioning purposes is in the public interest, any partitioning using those roads shall be conditioned upon the dedication of additional right-of-way and improvement as required by the Review Body.
B. No partitioning or subdivision of land shall be authorized using any special purpose roads, including ways of necessity, special access roads under the permit control of the Secretaries of Agriculture or the Interior, timber access roads, or other roads in which the rights of the public for access may be restricted. [Ord. 2108-003 § 1; amended by Planning Director, 10-28-16; 2005 RLDC § 81.020.]
19.81.030 General roadway design criteria and standards.
The location, width, and grade of streets shall be considered in relation to existing and planned streets, to topographical conditions, to public safety, and to the proposed use of the land to be served by the street. Private road easements shall be designed and maintained to ensure proper access of emergency vehicles. [Ord. 2108-003 § 1; 2005 RLDC § 81.030.]
19.81.040 Street creation within a land division.
The creation of a street within a subdivision, partition, replat, or planned unit development subdivision shall be in full compliance with the platting requirements contained in this title and applicable state regulations. No person shall create a street or road for the purpose of subdividing, partitioning, replatting, or creating a planned unit development, on an area or tract of land without County approval. [2005 RLDC § 81.040.]
19.81.050 Street creation outside a land division.
A. The provision of right-of-way for creation of streets outside of a subdivision, partition, replat, or planned unit development subdivision where streets are not shown on an adopted transportation plan shall be in conformance with the County road standards, except the Review Body may approve the creation of a street by deed without full compliance with platting regulations provided any of the following conditions exist:
1. The establishment of the street is initiated by the Board of County Commissioners and is declared essential for the general traffic circulation;
2. The street is to provide access to parcels that were created prior to the enactment of this title;
3. The street is necessary to provide access intervening between a proposed subdivision, partition, replat, or planned unit development subdivision and a public road;
4. The street may be established as a condition of site plan review to facilitate the safe ingress and egress of a particular use.
B. In all cases, the creation of a street shall be consistent with the elements of the comprehensive plan; shall not disrupt the stability of the land use pattern in the area; and will promote and conserve the public health, safety, and welfare. The Review Body may deny the request or refer the request for the creation of a street to a public hearing where, in the opinion of the Review Body, the request would be in conflict with the provisions in subsection (A) of this section. [2005 RLDC § 81.050.]
19.81.060 Submission of proposed deed.
A. In those cases where approval of a street is to be without full compliance with the regulations applicable to subdivisions, partitions, replats, property line adjustments, or planned unit development subdivision, a copy of the proposed deed shall be submitted to the Review Body.
B. The deed and any information which may be submitted shall be reviewed by the Review Body and the County Engineer, and, if not in conflict with the design standards of this title, may be approved with any conditions necessary to comply with these standards.
C. Requirements for the creation of a street by deed must include engineering data, plan and profile, and the construction of the street to the appropriate standards. [2005 RLDC § 81.060.]
19.81.070 Easements.
Easements for public facilities, public or private utilities, slopes, drainage, etc., shall be dedicated wherever necessary. The Review Body may require the developer to acquire and dedicate easements on adjoining property when necessary to protect the public health, safety, and general welfare. Private road easements shall be described by deed and shall not serve more than four lots. [Ord. 2108-003 § 1; 2005 RLDC § 81.070.]
19.81.080 Relation to adjoining street system.
A. Applicants for a subdivision, partition, replat, property line adjustment, planned unit development subdivision or site plan review shall provide for the continuation of the principal streets existing in adjoining subdivisions or for their proper projection when the adjoining property is not subdivided. The streets shall be a width not less than the minimum requirements for streets set out in JCC 19.81.130(A) and 19.81.200(F).
B. Where, in the opinion of the Review Body, topographic conditions make the continuation or conformity impractical with the existing, principal streets, an exception may be made.
C. Where an adopted neighborhood, area, or rural community plan is in place, the subdivision partition, replat, property line adjustment, or planned unit development subdivision shall conform to the adopted plan.
D. Where the plat submitted covers only a part of the developer’s tract, a drawing of the prospective future street system on the part submitted shall be considered in light of its conformity to the street system of the entire tract.
E. Loop road systems are to be provided where possible in order to provide more than one route for traffic in the case of an emergency. Cul-de-sac roads are to be kept as short as practical to facilitate better emergency access. [2005 RLDC § 81.080.]
19.81.090 Future extension of streets.
A. Where necessary to give access to or permit a satisfactory future subdivision, partition, replat, or planned unit development, on adjoining land, the Review Body may require that streets be extended to the boundary of the subdivision or partition and the resulting dead-end streets may be approved without a turnaround.
B. Street plugs may be required to preserve the objectives of street extensions, the control of which shall rest with the Director of Public Works pursuant to order of the Josephine County Commissioners according to the Director of Public Works’ sole discretion. [2022-001 § 1; 2005 RLDC § 81.090.]
19.81.100 Half streets.
A. While generally not acceptable, half streets may be approved where they can be shown to be essential to the reasonable development of the subdivision, partition, replat, or planned unit development subdivision. The use of half streets must be in conformity with any other requirements of this title and, when possible, shall require the dedication for construction of the other half, at the time any adjoining property is subdivided, partitioned, replatted or a planned unit development subdivision is created.
B. Whenever an existing half street is adjacent to land to be subdivided, the remaining half of the street shall be dedicated and constructed within the subdivision, partition, replat, or planned unit development subdivision. Street plugs may be required to ensure the objectives of obtaining full-width streets. [2005 RLDC § 81.100.]
19.81.110 Alignment at intersections.
As far as practical, streets shall be in alignment with existing streets by continuing the centerlines. Staggered street alignment resulting in “T” intersections shall, wherever practical, leave a minimum distance of 260 feet between the centerlines of streets having approximately the same direction. [2005 RLDC § 81.110.]
19.81.120 Streets abutting a land division.
A. At a minimum, applicants for subdivisions, partitions, replats, property line adjustments, planned unit development subdivision and site plan review shall provide streets, of the appropriate standards, connecting directly to an existing publicly maintained street.
B. Where the right-of-way of an existing street, which directly abuts any land division, does not meet the appropriate rural standard, the applicant shall dedicate the right-of-way required to meet the standard unless exempted by another section of this title.
C. At County discretion, street improvements shall be constructed to an equivalent dollar amount of the half-width rural standard. Design standards for rural roads shall be in conformance with this title, the County’s roadway and traffic management plan, the standards and specifications for design and construction of County roads, AASHTO standards, and any technical manuals used by the Public Works Department in road development and as provided in JCC 19.81.130(A). [2005 RLDC § 81.120.]
19.81.130 Road design, construction and improvement standards.
A. Road Design and Construction Standards. Road design and construction standards shall be established and maintained under the authority of the Director of Public Works pursuant to order of the Josephine County Board of Commissioners. A separate publication of current road design and construction standards can be obtained from the Josephine County Public Works Department or the Planning Office. Users should exercise appropriate caution in using these standards outside of formal application review.
B. Road Construction Improvements. Road construction improvements shall be made by the developer prior to submission of the final plat or by an agreement to improve roadways which shall be executed as provided in Chapter 19.14 JCC. Roads proposed for construction will be categorized by location. [2005 RLDC § 81.130.]
19.81.140 Blocks.
The length, width, and shape of blocks shall be designed to provide adequate building sites suitable for the proposed uses, to satisfy any need for convenient access, circulation, control, and safety of street traffic, and the limitations and opportunities of the topography of the site. [2005 RLDC § 81.140.]
19.81.150 Bicycle lanes.
The Review Body may require the installation of separate bicycle lanes within arterial and collector streets and/or separate bicycle paths, if necessary to extend an existing or planned system of bicycle routes, shown on the adopted bicycle route plan, or if a need is otherwise indicated. Such paths shall meet the standards of the state of Oregon. [2005 RLDC § 81.150.]
19.81.160 Alleys.
The minimum width of alleys, when provided in residential blocks, shall be 20 feet. Alleys shall be provided in commercial and industrial zones and shall not be less than 20 feet in width. [2005 RLDC § 81.160.]
19.81.170 Cul-de-sacs.
Dead-end streets shall terminate in a cul-de-sac turnaround with a minimum radius as listed in the road standards adopted by the Board of County Commissioners or standards adopted by AASHTO. [2005 RLDC § 81.170.]
19.81.180 Street intersections.
A. All streets shall intersect at right angles (90 degrees); where an intersection of 90 degrees cannot be secured because of physical constraints of the site, an angular intersection of not less than 60 degrees may be permitted.
B. Right-of-way lines at street intersections shall be rounded with an arc parallel to the curb or shoulder arc.
C. Collector and arterial intersections shall have roadway curb or road shoulder radii of not less than 25 feet; all other street intersections shall have roadway curb radii of not less than 20 feet. [2005 RLDC § 81.180.]
19.81.190 Standard drive approaches.
Standard drive approaches shall be installed pursuant to design standards administered by the Director of Public Works. [2005 RLDC § 81.190.]
19.81.200 Restricted residential roads.
A. Design and construction standards for restricted residential roads shall be established and maintained under the authority of the Director of Public Works pursuant to order of the Josephine County Board of Commissioners. A separate publication of current restricted residential road design and construction standards can be obtained from the Josephine County Public Works Department or the Planning Office. Users should exercise appropriate caution in using these standards outside of formal application review.
B. When five or fewer lots or parcels are to be served by a public road, the developer may construct a restricted residential road. Restricted residential roads will be developed to design and construction standards as established and maintained under the authority of the Director of Public Works. Restricted residential roads will not be accepted for maintenance by the Board of County Commissioners unless improved to the specific maintenance standards and specifications for the appropriate County maintained rural roads.
C. If the restricted residential road cannot ultimately be extended to serve more than five lots or parcels based on existing zoning, the subgrade may be constructed to a single-lane width.
D. If the restricted residential road has the potential to serve more than five lots or parcels based on existing zoning, the subgrade shall be constructed to a double lane width to allow future improvements to the appropriate County maintained road standards.
E. Surfacing for restricted residential roads that may ultimately serve more than five lots or parcels may be limited to one lane with turnouts intervisible or 800 feet maximum, 50 feet in length plus 25-foot tapers until the road serves more than five lots or parcels, at which time the road shall be improved to the appropriate County maintained standard.
F. If a road is developed to restricted residential road design and construction standards, the final plat shall contain covenants for a road maintenance agreement that binds the property owners for the lots or parcels that receive access from the road (and their successors and assignees) to maintain the road to restricted residential road standards, subject to all of the following specific requirements:
1. The agreement shall provide for monetary contributions toward maintenance expenses that are equally divided, or proportionally divided based upon road frontage or acreage. The road maintenance agreement shall be enforceable by any property owner obligated under the agreement and by Josephine County. The agreement shall provide for the recovery of attorney’s fees and court expenses by prevailing party or parties to any civil action to enforce maintenance responsibilities.
2. Road maintenance shall be performed whenever deterioration results in exposure of the subgrade, failure of the foundation, erosion of ditches or road shoulders, or blockage of culverts.
3. If the road includes a structure (such as a culvert or bridge), the agreement shall require that the structure(s) shall be continually maintained at the specified loading standard, and the structure shall be inspected at a minimum of every 10 years by a registered professional engineer, who shall certify the structure loading standard continues to be met. A copy of the certificate shall be furnished to all parties to the agreement and to the Director of Public Works.
4. The road maintenance agreement shall not be required, but may be obtained, in the following situations:
a. Access is provided by a nonmaintained County road that was established prior to the implementation of land division requirements, and no further land division is being proposed pursuant to this title;
b. Access is provided by a restricted residential road that was previously developed pursuant to an approved land division that did not require a road maintenance agreement, and no further land division is being proposed pursuant to this title; and
c. Access is provided by a new restricted residential road developed over a preexisting private access, and the preexisting access serves other lots or parcels that are not a part of the land division that creates the new road. In this case, a road maintenance agreement shall be required only for lots or parcels being created by the new land division, but owners of the other lots or parcels that use the road may also join the agreement.
5. In any case, future land divisions utilizing existing nonmaintained County roads or restricted residential roads may be required to improve these roads or obtain road maintenance agreements as a condition for land division approval.
G. The owner or developer may request that a gravel surface be constructed in lieu of the required oil mat surface. The Review Body may approve a request if all the following conditions exist:
1. The road cannot be extended to serve more than five lots, counting lots in and out of the proposed land division;
2. The road will be constructed over soils that are capable of supporting a gravel surface that will not deteriorate under normal weather and traffic conditions;
3. The parcels to be served are relatively isolated from a maintained County road;
4. The construction of an oil mat surface is not practical because terrain conditions at the site result in extraordinary construction costs or complications;
5. The gravel road will support orderly and efficient development of the subject property and surrounding properties. [2005 RLDC § 81.200.]
19.81.210 Streets shown on master transportation plan.
A. Streets shown on the adopted master transportation plans are created at the time of adoption of the plans.
B. Improvements and engineering data necessary for the completion of roads shall be submitted as reasonably requested by the County Engineer.
C. The review and approval of documents shall be performed by the Review Body and County Engineer to assure compliance with street improvements standards. Decisions made by the Review Body and County Engineer may be appealed as part of the original application under the provisions of Chapter 19.33 JCC. [2005 RLDC § 81.210.]