Chapter 11.20


11.20.010    Purpose.

11.20.020    Authority.

11.20.030    Delegation of authority.

11.20.040    Criteria and findings.

11.20.050    Scope of conditions.

11.20.060    Notice of conditions.

11.20.070    Appeals.

11.20.080    Revocation or modification of approval.

11.20.090    Construction.

11.20.100    Compliance.

11.20.110    Responsibility of cost.

11.20.120    Liability.

11.20.010 Purpose.

The purpose of this chapter is to protect the public health, safety and welfare in Marion County by reduction of the hazards of increased traffic and drainage generated by more intensive land uses on adjacent or nearby public street rights-of-way. [Ord. 864 § 1, 1990.]

11.20.020 Authority.

The board of commissioners, pursuant to ORS 203.035 and 374.305, may require dedication of additional street right-of-way, street widening, turn-lane and drainage improvements, and bonds or equivalent performance security to assure said improvements, for public streets affected by increased traffic or drainage generated by development on adjacent or nearby property as a condition of approval of off-street parking or drainage plans in conjunction with the issuance of building permits. [Ord. 864 § 2, 1990.]

11.20.030 Delegation of authority.

The Marion County board of commissioners (board) finds that the director of public works (director) is equipped by reason of knowledge and information to administer the provisions of this chapter. The board hereby delegates to the director of public works the authority to implement the provisions of this chapter.

The director may impose conditions as prescribed herein as a condition of approval of off-street parking or site drainage plans in conjunction with issuance of a building permit. Conditions shall be in writing and be attached to the parking or drainage plans and included in the building permit. [Ord. 864 § 3, 1990.]

11.20.040 Criteria and findings.

When street right-of-way or improvements are required the director shall make written findings, which shall be attached to the parking or drainage plans, that:

A. The new, or intensified development, proposed on the subject property is reasonably expected to significantly increase the amount, or type, of traffic or drainage in the street providing access or a drainage outlet for the proposed development for which additional right-of-way or improvement is deemed necessary; and

B. The improvements are needed to protect the public health, safety, and welfare and are directly related to the expected increase in traffic or drainage on the street. [Ord. 864 § 4, 1990.]

11.20.050 Scope of conditions.

A. Conditions imposed pursuant to this chapter shall be related to establishment of a new use or expansion of an existing use. The Marion County zoning ordinance may be used to aid in determining whether a particular development qualifies under this subsection.

B. Conditions shall not be imposed on a lot or parcel occupied solely by a single-family dwelling, mobile home, or duplex.

C. Conditions shall be limited to:

1. The dedication of additional street right-of-way for the portion of an existing street abutting the subject property not to exceed the standards identified in the Marion County urban zoning ordinance for property located within an urban growth boundary or the Marion County rural zoning ordinance for property located outside an urban growth boundary; and

2. Widening of pavement needed to provide turn-lanes within the block or at the street intersections abutting the block upon which the subject property is located; and

3. Drainage facilities, curbing and sidewalks along the street frontage of the subject property and pavement of the area between the existing roadway pavement and the curbing. Overlay of existing pavement may be required when necessary to preserve street drainage or safety. When the subject property relies on an easement for access to the affected street, or has less than 60 feet of frontage on a street, drainage facilities, curbing, sidewalks, pavement overlay and pavement of the area between the existing pavement and the curbing may be required within existing street right-of-way in one or both directions from the easement or street frontage for a total distance equivalent to four feet for every parking space required in the zoning ordinance for the new or expanded use; and

4. Turn-lane improvements at street intersections may be required only when: (a) an unsafe condition would be created by the development without the improvements, or (b) the projected increase in traffic generated by the new or expanded use will lower the level of service to level “D” or below, as determined by the 1985 Edition of the “Highway Capacity Manual” published by the Transportation Research Board of the National Academy of Sciences. The projection of the increase in traffic shall be based on the standards in the Fourth Edition of “Trip Generation” published by the Institute of Transportation Engineers. As an alternative, the department of public works’ determination may be based on an estimate of traffic increase prepared by a licensed traffic engineer.

D. When necessary street or drainage engineering cannot be provided by the county at the time improvements would otherwise be required under this chapter, the director may require improvement agreements and bonds or equivalent performance security to assure provision of required improvements when necessary engineering is available.

E. The developer will not be required to dedicate right-of-way from off-site properties in order to accommodate improvements required under subsection (C)(4) of this section.

F. The public works director may determine how the cost of improvements required under subsection (C)(4) of this section will be proportioned between the developer and the public, taking into account factors such as existing and threshold average daily traffic, the nature and scale of the development and the traffic increase, and total cost of the improvement. [Ord. 864 § 5, 1990.]

11.20.060 Notice of conditions.

Where conditions are included in conjunction with the approval of parking or drainage plans the director shall provide notice of the conditions to the building permit applicant, and the owner of the subject property. [Ord. 864 § 6, 1990.]

11.20.070 Appeals.

A. Conditions authorized by this chapter included in an approval of parking or drainage plans in conjunction with issuance of a building permit may be appealed by those receiving notice or any aggrieved person within seven days of mailing the notice.

B. Appeals shall be in writing, addressed to the board of commissioners, and shall be submitted to the county clerk.

C. The appeal must explain wherein the conditions imposed do not meet the provisions in MCC 11.20.050.

D. If an appeal is timely filed, the approval of the parking or drainage plan and associated building permit shall be stayed and the appeal shall be scheduled for consideration by the board of commissioners.

E. The procedure for board consideration of the appeal shall be as provided in Chapter 45 of the Marion County urban zoning ordinance. [Ord. 864 § 7, 1990.]

11.20.080 Revocation or modification of approval.

A. 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, material to the assessment of the land use impact upon drainage, traffic safety, convenience, or the property rights of any person, is false, incorrect or omitted, the director may deny, revoke, or modify the approval of the parking or drainage plan; and the building official, when requested by the director of public works, shall withhold or revoke the building permit or certificate of occupancy.

B. The director of public works may require the applicant or property owner to revise the right-of-way dedication or modify the required improvements if the applicant omitted necessary information or provided incorrect information.

C. If the improvements required by the director of public works are not provided prior to establishment of the use, at the request of the director, the building official shall withhold or revoke the certificate of occupancy until the required improvements are provided.

D. All expenses incurred to make corrections under subsections (A) and (B) of this section shall be the responsibility of the applicant and property owner. [Ord. 864 § 8, 1990.]

11.20.090 Construction.

A. The applicant or his contractor shall advise the director’s office at least 48 hours in advance of commencing construction of the required improvements.

B. The improvements shall be constructed in conformance with county standards and the terms of the conditions including exhibits attached thereto.

C. The applicant shall notify the director when the improvements have been completed. The director shall inspect the completed facility. If any deficiencies are noted, the applicant shall promptly correct them as required by the director. [Ord. 864 § 9, 1990.]

11.20.100 Compliance.

A. Unless otherwise provided in the conditions the required dedication of additional right-of-way and street improvements shall be completed by the applicant and the director shall determine that all requirements have been met prior to commencement of the new or expanded use.

B. The conditions imposed under this chapter shall be in effect as long as the approval of the parking or drainage plan remains in effect.

C. Failure of the applicant to comply with any of the conditions of approval shall be sufficient cause for the director to revoke the approval of the parking or drainage plan or the building official to revoke an associated building permit and may result in removal of the street improvements at applicant’s expense as provided in ORS 374.320.

D. The conditions shall be binding upon the successors and assigns of the applicant and property owner. [Ord. 864 § 10, 1990.]

11.20.110 Responsibility of cost.

A. The entire expense of complying with the conditions of approval including but not limited to surveying, deed preparation, design, construction and installation of street improvements shall be borne by the applicant.

B. Cost of any items, or portions thereof, described under subsection (A) of this section, may become the responsibility of the county, provided they are a part of the conditions of approval or other written agreement.

C. If existing street improvements or utility facilities within the street right-of-way are damaged by the applicant, the applicant shall be held liable for all costs to replace or restore the street improvements or utility facilities to a condition satisfactory to the director. [Ord. 864 § 11, 1990.]

11.20.120 Liability.

Applicant shall be responsible and liable for all damage or injury to any person or property during the construction of required street improvements, and until such improvements have been determined by the director to meet all requirements, the applicant shall indemnify and hold harmless Marion County, the director, department, and all officers, employees or agents of the department of public works against any and all damages, claims, demands, actions, causes or action, costs and expenses of whatsoever nature which they or any of them may sustain by reason of the acts, conduct or operation of the applicant, his agents or employees in connection with the construction of required street improvements. [Ord. 864 § 12, 1990.]