Chapter 11.10


11.10.010    Purpose.

11.10.020    Authority.

11.10.030    Delegation of authority.

11.10.040    Definitions.

11.10.050    Permit.

11.10.060    Improvements and engineering requirements.

11.10.070    Location.

11.10.080    Design.

11.10.090    Construction.

11.10.100    Maintenance.

11.10.110    Effective period.

11.10.120    Responsibility of cost.

11.10.130    Liability.

11.10.140    Fees.

11.10.010 Purpose.

The purpose of this chapter is to protect the public health, safety and welfare in Marion County by elimination of the hazards of unrestricted and unregulated entry onto county roads and public road rights-of-way from adjacent properties such as, but not limited to, subdivisions, planned unit developments, partitionings, residential and commercial properties. [Ord. 651 § 1, 1983.]

11.10.020 Authority.

The board of commissioners pursuant to ORS 203.035 and 374.305 may issue written permission for the construction of any approach road, or appurtenance thereto, or a substantial alteration of any such approach road or appurtenance or the change in use of such approach road adjacent to any county road or public road right-of-way. [Ord. 651 § 2, 1983.]

11.10.030 Delegation of authority.

The Marion County board of commissioners finds that the director of public works is equipped by reason of knowledge and information to administer the issuance of written approval, in the form of a permit as prescribed by the director, for the construction, reconstruction, alteration or change in use of any approach road. The board hereby delegates to the director of public works or his designated representative the authority to implement the provisions of this chapter. [Ord. 831 § 1, 1989; Ord. 651 § 3, 1983.]

11.10.040 Definitions.

As used herein, unless the context requires otherwise, the following terms are defined as follows:

“Applicant” means any person, firm or corporation, public or private, being the owner in fee of the property abutting the roadway or the lessee or other holder of a lawful interest in the property abutting the roadway with the written permission to construct an approach road adjacent to a county road or public road right-of-way. A person who is the holder of a lawful easement or other similar holder of a property interest may also be an applicant under the terms of this chapter.

“Approach road” means any public or private roadway or driveway connection between the outside edge of the shoulder or curb line and the right-of-way line of a public or county road, intended to provide vehicular access to, from, or across said public or county road and the adjacent or adjoining property.

“Change in use” means any activity which substantially increases the traffic volume, speed or character of the types of vehicle using the approach road.

“County road” means any public road under the jurisdiction of Marion County that has been designated as a county road pursuant to ORS 368.016.

“Department” means the Marion County department of public works.

“Director” means the director of the Marion County public works department or his designated representative.

“Engineer” means a registered professional civil or traffic engineer, licensed by the state of Oregon.

“Permit” means a written approval by the director of public works in the manner prescribed by the director. The permit shall include all special provisions deemed necessary by the director.

“Public road” or “public road right-of-way” means any public road or local access road, as defined by ORS 368.001, under the jurisdiction of Marion County.

“Residential use” means any building or facility used as a single-family dwelling or any structure in conjunction with the residential use of the property.

“Subdivision” means an area or tract of land from which four or more lots have been created.

“Utility” or “utilities” means any water, gas, sanitary or storm sewer, electrical telephone, drainageway, wire, or television communication service. [Ord. 831 § 2, 1989; Ord. 651 § 4, 1983.]

11.10.050 Permit.

A. An application for a permit may be made by an agent (i.e., contractor, subdivider, builder, employee, etc.) of the applicant. This action will not relieve the property owner, lessee, easement holder or other holder of a legal or lawful interest in the property for which a permit has been made of any privileges or obligations made under the permit or terms of this chapter.

B. A permit shall be obtained from the county by any person, firm, or corporation prior to building or constructing on the right-of-way of a public or county road any approach road or appurtenances thereto, or substantially altering any approach road or appurtenance, or changing the use of an existing approach road, public right-of-way or county road.

C. Failure to obtain a permit may result in the removal or repair of the installation of the approach road. Any action for the removal or the repair of the approach road constructed without a permit will be done in accordance with ORS 374.307.

D. Application for a permit will be made in the manner and the form approved by the director.

E. Plans prepared by an engineer shall be submitted to the director, unless waived by the director, for the proposed approach roads, from whatever source, and approval of said plans shall be considered as part of the permit process under this chapter.

F. The applicant shall place a marker, such as a stake or lath, at the right-of-way line where the centerline of the proposed approach road will intersect with a public or county road.

G. No permit will be valid until signed by the director. No work can begin on the approach road, county road or public road right-of-way until the applicant has obtained a valid permit.

H. The applicant shall be responsible for relocating any utility within the right-of-way. Construction of the approach road shall not begin until the relocation of the utility has been completed to the satisfaction of the director and the affected utility.

I. The applicant shall be solely responsible for providing correct and complete information as required by the director. If the director determines that any fact provided by the applicant which is/was material to the assessment of the approach road’s impact upon traffic safety, convenience or the property rights of any person, is false, incorrect or omitted, the director may deny or revoke the permit and may require the applicant to remove the approach road or to modify the approach road to a condition acceptable to the director. All expenses incurred will be the responsibility of the applicant.

J. The director may require the applicant to provide, at the applicant’s expense, such additional safeguards and design features as the director deems reasonably required for the protection of the public or county road and the traveling public. [Ord. 651 § 5, 1983.]

11.10.060 Improvements and engineering requirements.

A. If it is determined by the director that additional traffic controls (e.g., acceleration or deceleration lanes, widening of the roadway to provide left turn refuges, traffic warning lights, traffic signals or other similar control devices) or right-of-way therefor are necessary on the approach road, or public or county road to protect the traveling public, the applicant shall dedicate the required right-of-way and construct the required improvements at the applicant’s own expense, except as may otherwise be provided by the county, including the entire cost of design, construction and installation.

B. In making a determination whether additional traffic controls are reasonably necessary, the director may require the applicant to submit a traffic study prepared by a traffic engineer to assess:

1. The extent and nature of the change in use of the approach road, public or county road (if applicable); and

2. In light of current and projected conditions, traffic speeds, sight distances, and road conditions on both the public and county road and the approach road, whether additional traffic controls are necessary and which controls or combinations thereof would be necessary to adequately ensure the safety and convenience of the traveling public. [Ord. 651 § 6, 1983.]

11.10.070 Location.

A. Approach roads shall be located where they do not create a hazard or undue interference with the free movement of normal roadway or pedestrian traffic. Approach roads located on sharp curves, steep grades, areas of restricted sight distance or locations which interfere with the placement and proper functioning of traffic control signals, signs, lighting or other devices will not be permitted.

B. No facilities shall be constructed at locations where rights of access to or from the abutting property have been previously restricted.

C. One approach road will be allowed to a single lot except where the director determines that additional approach roads are necessary to accommodate and serve such traffic as may be reasonably anticipated. [Ord. 651 § 7, 1983.]

11.10.080 Design.

A. Approach roads shall be designed to allow movement to and from the roadway by vehicles which can reasonably be expected to utilize the approach road without undue conflict with other traffic.

B. Residential and commercial access roads will be constructed in accordance with current county design standards. Business or commercial activity which the director reasonably expects to generate traffic of the volume and character requiring additional traffic controls (e.g., channelization and signalization) must be designed on an individual basis. When an individual design is required by the director, the applicant shall submit a traffic study which shall include plans and specifications for the required traffic improvements. The traffic engineer may include recommendations that are based upon phased construction for the applicant’s property or the proposed users of the approach road.

C. The applicant may be required to construct curbing along its frontage, and to pave the area between the existing roadway pavement and the curbing. The applicant may be required to install drainage facilities as part of the road approach permit. The applicant may be required to construct curbing, sidewalks, guard rails, ditches or plantings to limit access to the abutting property as part of the approach road permit.

D. Permits for approach roads serving business, commercial or farm buildings, or paved areas may include provisions for connecting the paved area to the roadway drainage system. If the director finds the roadway drainage system is not adequate to handle the accelerated runoff, applicant shall make suitable provisions to prevent surface runoff from the paved areas into the roadway drainage system. All costs for providing drainage from the property shall be borne by applicant. [Ord. 651 § 8, 1983.]

11.10.090 Construction.

A. Applicant or his contractor shall advise the director’s office at least 48 hours in advance of commencing construction of a facility approved by permit.

B. The facility shall be constructed in conformance with county standards and the terms of the permit, including the special provisions of the permit and exhibits attached thereto.

C. Applicant shall notify the director when construction of the facility has been completed. The director shall inspect the completed facility. If any deficiencies are noted, applicant shall promptly correct them as required by the director.

D. The planting or placing of adornments not prohibited by law on the right-of-way by applicant shall be limited to low-growing shrubs, grass, or flowers that do not attain sufficient height to obstruct clear vision in any direction. No curbs, posts, signs or other structures shall be placed on the roadway right-of-way unless applicant has obtained a permit to do so from the director. [Ord. 651 § 9, 1983.]

11.10.100 Maintenance.

A. Maintenance of an approach road shall be the responsibility of applicant unless the approach road is a public right-of-way and the roadway has been formally accepted into the county road system. All driveway approach roads shall be maintained by applicant from the outside edge of the public or county road shoulder or curb line to the right-of-way line.

B. In all cases where traffic signals have been required, all maintenance will be performed by the county at no cost to applicant unless the special provisions in the permit or other contractual agreement require applicant to bear the cost of signal maintenance. [Ord. 651 § 10, 1983.]

11.10.110 Effective period.

A. Unless otherwise provided in the special provisions, the permit shall be in effect for an indefinite period of time from the date issued, unless sooner revoked by mutual consent, or by the director for failure of applicant to abide by the terms and conditions of the permit, or by operation of law.

B. Failure of applicant to comply with any of the terms and conditions of the permit or to maintain the approach road and facilities shall be sufficient cause for cancellation of the permit and may result in removal of the approach road and facilities by the county at applicant’s expense as provided in ORS 374.320.

C. The permit, including all of the privileges and obligations of applicant therein, shall be binding upon the successors and assigns of applicant.

D. If applicant fails to complete installation of the approach road and facilities covered by the permit within the period specified in the permit, the permit shall be deemed null and void and all privileges thereunder forfeited, unless a written extension of time is obtained from the director.

E. The construction, maintenance, operation and use of the approach road and facilities are subject to the paramount control of the board of commissioners over the public and county roadway system, and no right or privilege granted by the permit shall be deemed or construed to be beyond the power or authority of the board of commissioners to control the roadway system. [Ord. 651 § 11, 1983.]

11.10.120 Responsibility of cost.

A. The entire expense of right-of-way, design, construction, and installation of the approach road and facilities shall be borne by applicant. This shall also include the cost of all materials, labor, signs, signals, structures, equipment, traffic channelization and other permit requirements.

B. Costs of any items, or portion thereof, described under subsection (A) of this section may become the responsibility of the county, provided they are a part of the terms and conditions of the permit or other written agreement.

C. Any widening or other improvement of the approach road or facilities at the applicant’s request shall be done only under authority of a new permit and at the expense of applicant.

D. The cost of maintenance of the approach road from the outside edge of the public or county road shoulder or curb line to the right-of-way line shall be the responsibility of applicant, unless the approach road becomes a county-maintained road through formal acceptance into the county system by the board of commissioners.

E. If the roadway surface or facilities are damaged by applicant, applicant shall be held liable for all costs to replace or restore the roadway or facilities to a condition satisfactory to the director of public works.

F. Work performed under the permit shall be in accordance with the current “Manual on Uniform Traffic Control Devices for Streets and Highways” as amended or supplemented by the county or the Oregon Transportation Commission, and be at applicant’s expense. [Ord. 651 § 12, 1983.]

11.10.130 Liability.

Applicant shall be responsible and liable for all damage or injury to any person or property resulting from the construction, maintenance, repair, operation or use of the facility for which applicant has been granted a permit and for which applicant may be legally liable, and applicant shall indemnify and hold harmless Marion County, the director, department, and all officers, employees or agents of the department against any and all damages, claims, demands, actions, causes of action, costs and expenses of whatsoever nature which they or any of them may sustain by reasons of the acts, conduct or operation of applicant, his agents or employees in connection with the construction, maintenance, repair, operation or use of said approach road and facilities. [Ord. 651 § 13, 1983.]

11.10.140 Fees.

A. An administrative and inspection fee shall be required for each approach road access permit issued. Such fees shall be as ordered by the board of commissioners from time to time.

B. Any revenue received pursuant to this chapter shall be deposited in the Marion County road fund and such administrative cost as may be incurred by the building inspection division in the collection of the permit fees pursuant to this chapter shall be deposited in the building inspection division fund.

C. The director may waive the fee if applicant is a federal, state, city or other public body.

D. No fee will be charged for work being done by or under a contract with Marion County. [Ord. 670 § 3, 1984; Ord. 651 § 14, 1983.]