Chapter 3.4
PUBLIC FACILITIES
Sections:
3.4.010 Purpose and applicability.
3.4.100 Transportation standards.
3.4.200 Public use (park) areas.
3.4.300 Sanitary sewers, water, street lights and fire protection.
3.4.400 Storm drainage and erosion control.
3.4.700 Construction plan approval and assurances.
3.4.010 Purpose and applicability.
A. Purpose. This chapter provides general development standards and approval criteria for public improvements. The code incorporates by reference the city’s public facility master plans, including plans for domestic water (specifically Chapter 2 – Design Criteria), sanitary sewer (specifically Chapter 5 – Water Quality and Regulatory Issues and Chapter 10 – Recommended Plan), storm drainage (specifically Chapter 3 – Storm Water System Design Criteria and Chapter 7 – Water Quality), parks (specifically the Goals and Policies and Strategies and Actions), and transportation (specifically all TSP Standards in Chapter 5 for Street Functional Classification, Roadway Cross Section Standards, Mobility Standards, Access Management, Traffic Signal Spacing, and Local Street Connectivity). The code also incorporates by reference Silverton’s public works design standards (specifically Chapters 1 through 5 and Appendices A through H). This chapter is intended to provide minimum requirements for public facilities. It is not intended to duplicate or replace the design standards contained in the above documents.
B. When Standards Apply. Development may occur only upon the city of Silverton reviewing and approving all proposed public facilities, finding them in conformance with requirements established in this chapter.
C. Engineering Design Criteria, Standard Specifications and Details. Unless otherwise provided herein, construction, reconstruction, and repair of public facilities in the city of Silverton, including but not limited to transportation facilities, water, sanitary sewer, storm drainage, parks, and other facilities, shall occur only in accordance with the city of Silverton public works design standards. The design standards’ specifications, standards, and details are hereby incorporated into this code by reference.
D. Conditions of Development Approval. Development shall not occur until all required public facilities are in place or guaranteed, in conformance with the provisions of this code and the city’s design standards. Improvements required as a condition of development approval, when not voluntarily accepted by the applicant, must be roughly proportional to the impact of the development on public facilities. Findings in the development approval must indicate how the required improvements are directly related and roughly proportional to the impact of development. (Ord. 20-09 § 3 (Exh. B), 2020; Ord. 19-09 § 1, 2019; Ord. 08-06 § 3, 2008)
3.4.100 Transportation standards.
A. Development Standards. The following standards shall be met for all new uses and developments:
1. All new lots created, consolidated, or modified through a land division, partition, lot line adjustment, lot consolidation, or street vacation must have frontage or approved access to a public street, except as specifically allowed through a planned development approval under Chapter 4.5 SDC or as provided for flag lots under Chapter 4.3 SDC, Land Divisions and Property Line Adjustments.
2. Streets within or abutting a development shall be fully improved in accordance with the transportation system plan and the design standards. Three-quarter-street improvements may be accepted only when requiring a full-width street improvement cannot be justified based on the proportionate impact of the development on the transportation system, as approved by the public works director. Where a less than full street is allowed, the minimum total paved width shall not be less than 28 feet to provide for two travel lanes and bicycle lanes, unless otherwise approved by the public works director.
3. 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 streets shall be dedicated to the applicable road authority.
4. When development occurs with frontage on a substandard right-of-way and right-of-way dedication is not required as part of the development, the setback for the new development shall be calculated based on the anticipated future right-of-way.
5. All new streets and drives shall be paved in accordance with design standards.
B. Guarantee. The city may accept a future improvement guarantee in lieu of street improvements if the following conditions exist:
1. Due to the developed condition of adjacent properties it is unlikely that street improvements would be extended in the near future, and deferring the improvement associated with the project under review does not, by itself, reduce street safety or capacity; and
2. Deferral of the improvement, or a part of the improvement, does not create a potential safety hazard to motorists, bicyclists, or pedestrians; and
3. Deferral of the improvement does not preclude future improvements in conformance with city plans; or
4. The improvement is not roughly proportional to the proposed development; and
5. The applicant has not voluntarily agreed to complete the street improvements with proposed development.
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 street by acceptance of a deed; provided, that the street is deemed in the public interest by the city council for the purpose of implementing the transportation system plan, and the deeded right-of-way conforms to the standards of this code.
D. Creation of Access Easements. The city may approve an access easement when the easement is necessary to provide for access and circulation in conformance with Chapter 3.1 SDC, Access and Circulation. Access easements shall be created and maintained in accordance with applicable provisions of the Uniform Fire Code.
E. Street Location, Width, and Grade. The location, width and grade of all streets shall conform to the transportation system plan and approved street plans or subdivision plats. Street location and design 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 as follows:
1. Street grades shall be approved by the public works director in accordance with the design standards; and
2. Where the location of a street is not shown in an existing street plan, 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 section; or
b. Conform to a street plan adopted by the city if it is impractical to connect with existing street patterns because of particular topographical or other existing conditions of the land. 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 must conform to the standards and specifications of the transportation system plan and design standards. Where a range of right-of-way or roadway width is indicated, the width shall be the narrower in the range unless unique and specific conditions exist as determined by the reviewing body based upon the following factors:
1. Street classification in the transportation system plan;
2. Anticipated traffic generation;
3. On-street parking needs;
4. Sidewalk and bikeway requirements based on anticipated level of use;
5. Requirements for placement of utilities;
6. Street lighting;
7. Minimize drainage, slope, and sensitive lands impacts;
8. Street tree location, as provided for in Chapter 3.2 SDC;
9. Protection of significant vegetation, as provided for in Chapter 3.2 SDC;
10. Safety and comfort for motorists, bicyclists, and pedestrians;
11. Street furnishings (e.g., benches, lighting, bus shelters, etc.), when provided;
12. Access needs for emergency vehicles; and
13. Transition between different street widths (i.e., existing streets and new streets).
G. Subdivision Street Connectivity. All subdivisions shall conform to all the following access and circulation design standards, as applicable:
1. Connectivity to Abutting Lands. The street system of proposed subdivisions shall be designed to connect with existing, proposed, and planned streets outside of the subdivision as provided in this section. Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided to allow access to future abutting subdivisions and to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turnaround unless specifically exempted by the fire marshal, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.
2. When Abutting an Arterial Street. Property access to abutting arterials shall be minimized.
Where such access is necessary, shared driveways may be required in conformance with SDC 3.1.200. If vehicle access off a secondary street is possible, then the road authority may prohibit access to the arterial.
3. Continuation of Streets. Planned streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods and to facilitate emergency access and evacuation. Connections shall be designed to meet or exceed the standards in subsection (G)(4) of this section and to avoid or minimize through traffic on local streets. Appropriate design and traffic control and traffic calming measures, as provided in subsection (H) of this section, are the preferred means of discouraging through traffic.
4. Street Connectivity and Formation of Blocks. In order to promote efficient vehicular and pedestrian circulation throughout the city, subdivisions and site developments of more than two acres shall be served by a connecting network of public streets and/or pedestrian access ways, in accordance with the following standards (minimum and maximum distances between two streets or a street and its nearest access way):
a. Residential districts: minimum of 100-foot block length and maximum 600-foot length with a desired block length of 500 feet;
b. Downtown commercial and downtown commercial fringe districts: block lengths shall be consistent with the existing town plat, as of November 5, 2008;
c. General commercial district: minimum of 100-foot block length and maximum 600-foot length;
d. Not applicable to the industrial districts.
Figure 3.4.100.G – Street Connectivity and Formation of Blocks
5. Pedestrian Access Way Standards. Where it is impractical to make a street connection in conformance with the standards in subsection (G)(4) of this section, a pedestrian access way must be provided at or near the middle of a block in lieu of the street connection, as generally shown in Figure 3.4.100.G. The city may also require developers to provide an access way where a cul-de-sac or other street is planned and the access way would connect the streets or provide a connection to other developments. Such accessories shall conform to all of the following standards:
a. Access ways shall be no less than 20 feet wide with a minimum eight-foot-wide paved surface, or wider if utilities are provided, and located within a right-of-way or easement allowing public access and, as applicable, emergency vehicle access;
b. If the streets within the subdivision or neighborhood are lighted, access ways in the subdivision must also be lighted. Access way lighting must provide at least two footcandles of illumination. Light standards shall be directed downward only and shielded to prevent lighting spillover and to prevent light pollution in the night sky;
c. A right-of-way or public access easement provided in accordance with subsection (G)(5)(a) of this section that is less than 20 feet wide may be allowed on steep slopes where the decision body finds that stairs, ramps, or switch-back paths are necessary;
d. Access ways must be wheelchair accessible except where existing topography precludes access; and
e. The city may require landscaping and fences as part of the required access way improvement to buffer pedestrians from adjacent vehicles, or to screen access ways from the view of adjacent residences.
6. Pedestrian Access Way Exceptions. Access ways need not be required where one or more of the following conditions exist:
a. Physical or topographic conditions make a street or access way connection impracticable. Such conditions include but are not limited to freeways, railroads, steep slopes, wetlands, or other bodies of water where a connection could not reasonably be provided;
b. Buildings or other existing development on adjacent lands physically preclude a connection now or in the future considering the potential for redevelopment; or
c. Where access ways would violate provisions of leases, easements, covenants, restrictions or other existing agreements, which preclude a required street or access way connection.
H. Traffic Signals and Traffic Calming Features.
1. Traffic signals shall be required with development when traffic signal warrants are met, in conformance with the Highway Capacity Manual and Manual of Uniform Traffic Control Devices. Where a proposed development results in an immediate need for a traffic signal, a signal meeting approved specifications shall be installed in conformance with the roadway authority’s requirements prior to occupancy of the development. The developer’s cost and the timing of improvements may be partially reimbursable through system development charge credits or other reimbursement approved by the public works director.
2. When an intersection meets or is projected to meet traffic signal warrants, the city may accept alternative mitigation, such as a roundabout, in lieu of a traffic signal, if approved by the public works director and the applicable road authority if different than the city.
3. The city may require the installation of traffic calming features such as curb extensions, reduced street width (parking on one side), medians with pedestrian crossing refuges, traffic tables or other features to reduce vehicle speeds in neighborhoods and other areas with high pedestrian use.
I. Future Street Plan and Extension of Streets.
1. A future street plan shall be filed by the applicant in conjunction with an application for a subdivision in order to facilitate orderly development. The plan must show the pattern of existing and proposed future streets from the boundaries of the proposed land division and include other divisible parcels within 600 feet surrounding and adjacent to the subject site. The street plan is not binding; rather, it is intended to show potential future street extensions with future development.
2. Streets shall be extended to the boundary lines of the parcel or tract to be developed when the city determines that the extension is necessary to give street access to, or permit a satisfactory future division of, adjoining land. The point where the streets temporarily end shall conform to subsections (I)(2)(a) through (d) 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 temporary barricade approved by the public works director shall be constructed at the end of the street by the subdivider and shall not be removed until authorized by the city or other applicable agency with jurisdiction over the street. The cost of the barricade shall be included in the street construction cost.
c. Temporary street ends must provide turnarounds constructed to Uniform Fire Code standards for streets over 150 feet in length. See also SDC 3.1.200.
d. A one-foot-wide reserve strip shall be required to be dedicated to the city at the terminus of the stub street.
J. Street Alignment and Design. The alignment, design and construction of all streets, including vehicle and bicycling travel lanes, bus pullouts and waiting areas, sidewalks, planter strips, tree wells, street furnishings, driveway approaches (dimensions, spacing, access limitations), intersections, grades, horizontal and vertical curves, cul-de-sacs, and other improvements, shall conform to the city of Silverton design standards.
K. Streets Adjacent to Railroad Right-of-Way. When a transportation improvement is proposed within 300 feet of a public railroad crossing, or a modification is proposed to an existing public crossing, the Oregon Department of Transportation and the rail service provider shall be notified and given an opportunity to comment. Private crossing improvements are subject to review and licensing by the rail service provider.
L. Development Adjoining Arterial Streets. Where a development adjoins or is crossed by an existing or proposed arterial street, residential access shall be separated from through traffic and designed to minimize traffic conflicts. (See also the access requirements under SDC 3.1.200.) The reviewing body may require one or more of the following improvements to ensure the continued operational safety of the transportation system and land use compatibility:
1. A parallel access street (frontage road) along the arterial street with a landscape median separating the two streets.
2. Deep lots (120 feet or greater) abutting the arterial street to provide at least 10 feet of landscape buffering along the arterial, provided vehicle access is from a secondary street. Where a secondary street is not available and direct access to the arterial is necessary, such lots shall combine and share driveways.
3. Screen planting within a nonaccess reservation (e.g., public easement or tract) of not less than 10 feet in width at the rear or side property line along the arterial.
4. Other treatment approved by the city that is consistent with the intent of this section.
M. Private Streets. Private streets are permitted solely within manufactured home parks when the review body determines that public streets are not needed to provide for circulation and/or access to neighboring properties.
N. Street Names. The developer shall submit proposed street names to the city of Silverton community development department for review and submittal to the Marion County road naming committee for approval prior to recording the final plat. No new street name shall be used that duplicates or could be confused with the name of an existing street in the vicinity. Street names, signs, and numbers shall conform to the established pattern in the surrounding area, except as requested by emergency service providers.
O. Survey Monuments. Upon completion of public improvements and prior to acceptance by the city, it shall be the responsibility of the developer’s registered professional land surveyor to establish survey monuments in accordance with city and Marion County standards and provide certification to the public works director of all public improvements and as-builts.
P. Street Signs. All street signs must be reviewed and approved by the public works department or other roadway authority, as applicable, before they are installed. The developer is responsible for the cost of all signs required in the development. Street name signs shall be installed at all street intersections. Stop signs and other signs may also be required.
Q. Mailboxes. Plans for mailboxes must be approved by the United States Postal Service and the public works department prior to installation.
R. Street Light Standards. Street lights must be reviewed and approved by the public works department prior to installation.
S. Street Cross-Sections. Cross-sections shall conform to the city of Silverton public works design standards. The final lift of asphalt or concrete pavement shall be placed on all new constructed public roadways prior to final city acceptance of the roadway unless otherwise approved by the public works director.
T. Alley Standards. Use of alleys may be considered as part of residential neighborhood design. A narrower minor local street (28-foot paved surface) will be allowed with alley access because the alley will reduce some of the parking and access functions usually found on the frontage street. To the maximum extent possible, all private utilities must be located in the alley and curb cuts will not be permitted along the frontage street. The standard six-foot planter strip and five-foot setback sidewalks are required along the frontage street. Alleys shall be consistent with the city’s public works design standards, paved with a dustless surface (i.e., concrete or asphaltic concrete), and shall follow the general development standards governing streets. As an incentive, lots with alley access may be up to 1,000 square feet smaller than the standard minimum lot size of the zone.
U. Level of Service Standard.
1. City performance standards shall be used to evaluate developments impacting city or county facilities. The level of service standard shall be LOS D based on the Highway Capacity Manual methodology and a v/c ratio of 0.85 for signalized and all-way stop controlled intersections. For unsignalized intersection, the level of service standard shall be LOS D based on the Highway Capacity Manual and a v/c ratio of 0.90. ODOT v/c ratio standards shall apply to ODOT facilities.
2. For signalized intersections, adequate level of service is LOS D, based on a weighted average of vehicle delay for the intersection.
3. For stop-controlled intersections, adequate level of service is LOS D. Level of service for two-way stop-controlled intersections is based on individual vehicle movement, and all-way stop controlled intersections is based on a weighted average of vehicle delay for the intersection.
4. An amendment or other land use application that requires analysis of traffic capacity and allows development that either (a) may cause a transportation facility to perform below the standards established in subsections (U)(1) and (U)(2) of this section, or (b) adds vehicle trips to a facility that is already performing below the standards established in subsections (U)(1) and (U)(2) of this section may be approved if:
a. Development resulting from the amendment or other land use application will mitigate the impacts of the amendment or other land use application in a manner that avoids further degradation to the performance of the facility by the time of development through one or more of the following:
i. One or more combination of transportation improvements or measures are imposed to mitigate the transportation impacts of the amendment or other land use application in a manner that avoids further degradation to the performance of the facility by the time of any development.
ii. On-site and off-site improvements beyond required frontage improvements.
iii. Payment of a fee in lieu of construction.
iv. Correction of off-site transportation deficiencies within the study area that are not substantially related to development impacts.
v. Construction of on-site facilities or facilities located within the right-of-way adjoining the development site that exceed minimum required standards and that have a transportation benefit to the public.
V. Transit Access and Supportive Improvements. Development that is proposed adjacent to an existing or planned transit stop, as designated in an adopted transportation or transit plan, shall provide the following transit access and supportive improvements in coordination with the transit service provider:
1. Reasonably direct pedestrian connections between the transit stop and primary entrances of the buildings on site. For the purpose of this section, “reasonably direct” means a route that does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out-of-direction travel for users.
2. The primary entrance of the building closest to the street where the transit stop is located is oriented to that street.
3. A transit passenger landing pad that is ADA accessible.
4. An easement or dedication for a passenger shelter or bench if such an improvement is identified in an adopted plan.
5. Lighting at the transit stop.
6. Other improvements identified in an adopted transportation or transit plan. (Ord. 20-09 § 3 (Exh. B), 2020; Ord. 19-09 § 2, 2019; Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
3.4.200 Public use (park) areas.
A. Dedication of Public Use (Park) Areas.
1. The availability of parkland and open space is a critical element in maintaining and improving the quality of life in Silverton. All new development that results in the creation of new residential dwelling units (subdivisions, partitions, planned unit developments, multifamily developments, manufactured home parks, etc.) is required to provide through payment and/or dedication public use areas (such as parks, playgrounds, community centers, trails, etc.) based on the city’s most current parks and recreation master plan.
2. Where a proposed park, playground, or other public use area shown in a plan adopted by the city is located in whole or in part in a subdivision, planned unit development and/or other development proposal, the city may require the dedication and/or reservation and/or improvement thereof for public use (parks, playgrounds, trails, etc.) purposes; provided, that the impact of the development on the city park system is roughly proportionate to the dedication/reservation/improvement being required. However, the city is under no obligation to accept such areas or improvements offered for dedication or sale.
3. The amount of land and park improvements, when required, shall be proportionate to the impact the development will have in generating park need based on the number of proposed dwelling units. All required improvements shall conform to the level of service standards identified in the city of Silverton’s most current parks master plan and as refined and adopted by the parks and recreation system development charges (SDC) methodology. The 2008 park and recreation master plan estimated a 2030 population of 14,400 and need for 115.25 acres of new parklands (based on eight acres of neighborhood park and community parkland per 1,000 population), 20 acres of new natural areas, 13,467 lineal feet of trails, and other improvements (community center, swimming pool, etc.), to serve the new need. (Note: This amount of needed land does not address the existing deficiencies since improvement fee SDCs may only be used for growth needs.) The required parkland dedication is in addition to any street tree planter strips, stormwater facilities, or other open space improvements that may be donated or otherwise required.
4. Any required parkland dedication and/or improvements in excess of the proportionate share impact of the development shall be eligible for reimbursement. The city may accept a cash payment (also known as a system development charge) in lieu of parkland dedication and/or improvement where it finds that due to location, size, or other considerations the proposed land and/or improvements would not provide suitable park facilities.
5. The Silverton city council may permit a noncity (public or private) entity to own and manage the park area required in subsection (A)(3) of this section; provided, that the city and park provider shall first enter into a legal agreement assuring that city residents will have public access to the park. The agreement, at a minimum, shall also describe the types of park uses and facilities that are to be provided, park operating hours, and ongoing maintenance responsibilities. All property taxes are the responsibility of the property owner.
6. Land that has been required to meet park needs shall be dedicated to the city or if it is to be owned by a public or private entity then the city council shall approve of the alternative ownership and legal documents acceptable to the city attorney shall be provided that assure public access, park operating hours, and ongoing maintenance responsibilities.
7. Dedication Procedures. Prior to approval of the final plat, the developer shall dedicate land as previously determined by the city in conjunction with approval of the tentative plan. Dedication of land in conjunction with multifamily development (when there is no final plat) shall be required prior to the issuance of permits and commencement of construction.
a. Prior to acceptance of required parkland dedications, the applicant/developer shall complete the following items for all proposed dedication areas:
i. The developer shall clear, fill and/or grade all land to the satisfaction of the city, install sidewalks on the parkland adjacent to any street and seed the parkland; and
ii. The developer shall submit a Phase 1 Environmental Site Assessment completed by a qualified professional according to the American Society of Testing and Materials Standards (ASTM 1527). The results of this study shall reflect a clean environmental record.
b. Additional Requirements.
i. In addition to a formal dedication on the plat to be recorded, the subdivider shall convey the required lands to the city by general warranty deed. The developer of a multifamily development or manufactured home park shall deed the lands required to be dedicated by a general warranty deed. In any of the above situations, the land so dedicated and deeded shall not be subject to any reservations of record, encumbrances of any kind or easements which, in the opinion of the director, will interfere with the use of the land for park, open space, or recreational purposes.
ii. Where any reservations, encumbrances, or easements exist, the city may require payment in lieu of dedication of land unless it chooses to accept the land subject to the encumbrances.
c. Phased Development. In a phased development, the required parkland shall be dedicated prior to approval of the final plat for the first phase. Improvements to the land as required by subsection (A)(7)(a)(i) of this section shall be made prior to approval of the final plat for the phase that includes the parkland.
8. Cash in Lieu of Dedication. At the city’s discretion, the city may accept cash payment in lieu of land dedication. The amount of the cash payment shall be set by the city council by resolution and shall be based on the parks and recreation system development charges (SDC) methodology update report. The fee shall be paid prior to the signing of the final plat, or with multifamily development (when there is no final plat) payment shall be required prior to the issuance of permits and prior to the commencement of construction.
B. System Development Charge Credit. Dedication of land or facilities to the city for parks, voluntary or otherwise, may be eligible for credit toward any required system development charge for parks. (Ord. 08-06 § 3, 2008)
3.4.300 Sanitary sewers, water, street lights and fire protection.
A. Sanitary Sewer, Storm Drainage and Water System Improvements. Sanitary sewer system and water system improvements shall be installed with new development in accordance with the city’s sanitary sewer master plan, water system master plan, and public works design standards. When streets are required to be stubbed to the edge of the subdivision, sewer and water system improvements shall also be stubbed with the streets, except where the public works director finds that future extension is not practical due to topography or other constraints. Where public sanitary sewer or water service is not available within 300 feet of a property, private wells and septic systems may provide service for the development of a single-family dwelling, duplex dwelling, or use serving the public on parcels containing at least two acres; provided, that a petition for improvement/waiver of remonstrance is signed for their share of the costs for and future connection to public water and sewer services. These provisions are supplementary to the provisions in Chapters 13.12 and 13.16 SMC. Any private well or septic system allowed by this section must be approved by Marion County and the State Water Resources Department.
B. Plan Approval. Development permits for sewer and water system improvements shall not be issued until the public works director has approved all sanitary sewer and water plans in conformance with city standards.
C. Over-Sizing Facilities. The city may require as a condition of development approval that sewer and water systems serving new development be sized to accommodate future development within the area as projected by the applicable water and sewer master plans and public works design standards. Oversizing of facilities may be eligible for credit toward system development charges.
D. Street Lights. Street lights shall be provided in all developments within the city and shall be provided in accordance with the city’s design standards. The reviewing body may add street lights at other locations and authorize specific exceptions to the above priorities when necessary in order to enhance the public safety and welfare.
E. Fire Protection. Developers shall provide third party verification of existing and proposed water service mains and hydrant flow supporting the development site. Hydrant flow analyses and plans for hydrants and water service mains shall be subject to review and approval by the fire marshal as part of the development review process.
F. Inadequate Facilities. Development may only occur where existing or proposed public facilities are adequate to serve the site as required per subsection (A) of this section. If services do not meet these standards, service upgrades may be required or the development permits may be restricted by the city. Deficiencies in the existing water or sewer system that cannot be rectified by the development and that if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of domestic water or sewerage treatment systems will not be approved. (Ord. 21-04 § 21, 2021; Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
3.4.400 Storm drainage and erosion control.
A. General Provisions. The city shall issue a development permit only where adequate provisions for stormwater runoff and erosion control have been made in conformance with the city of Silverton storm drainage master plan and public works design standards.
B. Accommodation of Upstream Drainage. Culverts and other drainage facilities shall be large enough to accommodate existing stormwater. Such facilities shall be subject to review and approval by the public works director.
C. Effect on Downstream Drainage. Where it is anticipated by the public works director 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 storage of additional runoff caused by the development. Stormwater detention and/or retention facilities, including water quality treatment, may be required in conformance with city standards.
D. Over-Sizing. The city may require as a condition of development approval that storm drainage systems serving new development be sized to accommodate future development within the area as projected by the applicable storm drainage master plan. Over-sizing of facilities may be eligible for credit towards SDCs.
E. Existing Watercourse. Where a proposed development is traversed by a watercourse, drainage way, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width as will be adequate for conveyance and maintenance to protect the public health and safety.
F. Erosion Control. Specific erosion control measures shall be designed, installed and monitored in conformance with the city’s design standards. City-approved erosion control measures must be in place prior to, during and after construction activities for projects that disturb one or more acres of land over a period of time. A National Pollution Discharge Elimination System (NPDES) permit must be obtained from the Department of Environmental Quality prior to the issuance of a development permit or land use permit.
G. Detention. All required stormwater detention must provide for the 25-year storm event. Detention shall be located in underground facilities, or, if aboveground detention is utilized, it shall be with the review and approval of the public works director. (Ord. 08-06 § 3, 2008)
3.4.500 Sidewalks.
A. Requirement. Sidewalks shall be constructed on all public streets in the city by the owners of property next adjacent thereto. As such, sidewalks shall be constructed in accordance with the specifications hereinafter provided. All development for which land use applications are required must include sidewalks adjacent to public streets. This requirement also applies to new single-family houses and duplexes if they are located on arterial or collector streets or on curbed local streets if there is an existing sidewalk within 500 feet on the same side of the street.
In the case of arterial or collector streets, sidewalks shall be built during their construction and considered during their reconstruction. This provision shall also apply to local streets that serve commercial and multifamily development. Sidewalks are required on both sides of all streets except in hillside developments and mini-subdivisions. If an interim street standard is being constructed which does not include bike lanes or sidewalks, interim bikeways or walkways for pedestrians shall be provided through construction of paved roadway shoulders at least eight feet in width on arterials and six feet on other streets.
B. Specifications for Construction. Specifications for the construction of the various kinds of walks provided for have been made by the city engineer and filed in the office of the city recorder, which specifications are hereby especially referred to and by reference are made a part hereof; provided, however, that changes may be made in such specifications by the city council at any time, and when so made and approved and filed in the office of the city recorder, such changed or amended specifications shall become a part hereof the same as though such specifications were now on file in the office of the city recorder.
C. Mid-Block Requirements. In the case of blocks greater than 500 feet in length, the review body shall require mid-block pedestrian walks and/or bikeways on a right-of-way at least 20 feet in width with a minimum eight-foot-wide paved surface. All walkways or bikeways between streets shall be subject to the requirements of the public works director.
D. Design, Width, and Location. All sidewalks must be constructed, replaced or repaired in accordance with the Silverton transportation system plan and the Standard Construction Specifications. The required width and location of sidewalks is as follows:
1. The required width for a sidewalk on an arterial or collector street is six feet. This width may be reduced to five feet if the sidewalk is separated from the curb by a landscaped planter strip at least five feet wide. In those instances where there is inadequate right-of-way for additional width and no additional right-of-way can be obtained as a condition of development approval, the sidewalk width may be reduced to five feet. In all cases, any right-of-way remaining outside the sidewalk is to be landscaped and maintained by the adjoining property owner.
2. Sidewalks along residential and other local streets must be a minimum of five feet in width. Street trees shall be selected from the list of approved street trees established by the city. Other tree species may be approved if they have similar qualities as those on the list. The planter strip shall be of permeable materials.
3. In the downtown area sidewalks shall be provided consistent with the Silverton downtown master plan.
4. Regardless of other provisions contained in this section, any sidewalk project that is less than 200 feet in length and connects on either end to an existing sidewalk may be designed to match the existing pattern with the approval of the city public works director.
5. Where obstructions exist or are proposed (including but not limited to mail boxes, utility poles, trees, planters, fire hydrants, signs, benches, bus stops, etc.), provisions must be made to maintain a minimum of four feet of unobstructed sidewalk width on local streets, five feet on collector and arterial streets, and five feet in the downtown commercial district.
6. Maintenance of sidewalks and planter strips shall be the continuing obligation of the adjacent property owner. Planter strips shall be landscaped and maintained in like manner to the front yard setback requirements of Article 3, Community Design Standards.
7. Sidewalks shall be designed to parallel streets in line and grade and shall avoid unnecessary meandering from the curb line and elevation changes except as necessary to avoid significant trees or traverse topographic barriers. All sidewalks shall be constructed to the official city specifications grade and at such lateral grade or slope as has been or may be specified in the general specification therefor by the city engineer. Grades shall be furnished without charge to property owners, when applied for, for the purpose of constructing sidewalks.
8. Pedestrian/bike access ways not adjacent to a public street shall be a minimum of 20 feet wide and dedicated to the public. The access way improvement shall be a minimum eight-foot-wide paved surface and shall be provided with pedestrian-scaled lighting along the access way. Lighting shall not shine into adjacent residences. Trees shall be provided within the dedicated access way in accordance with the requirements of Chapter 3.2 SDC.
E. Conformance to Street Grades. All sidewalks constructed adjacent to a street must be placed upon the street grade as established at the time of sidewalk construction. If a space is left between the property line and the sidewalk and/or between the sidewalk and the curb, the space shall be filled and surfaced with earth or other approved material level with the sidewalk. Grade shall be furnished without charge to property owners, when applied for, for the purpose of constructing sidewalks.
F. Timing of Sidewalk Construction. Sidewalk construction may be deferred until the proposed improvement on the property is completed. No occupancy permit shall be issued by the building official for a development until the provisions of this title are satisfied. The public works director shall require a future improvement assurance (as described in SDC 3.4.700) when, in his opinion, the construction of the sidewalk is impractical for one or more of the following reasons:
1. In the case of all property other than industrial:
a. The street is not improved with curbs.
b. Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk.
c. Street right-of-way is insufficient to accommodate a sidewalk on one or both sides of the street.
d. Topography or elevation of the sidewalk base area makes construction of a sidewalk impractical or economically infeasible.
e. The location is not on a designated collector or arterial street.
f. Less than 70 percent of the property frontage is developed with sidewalks along that side of the block, except in the case of a new or developing subdivision, in which case, sidewalks shall not be deferred.
2. In the case of industrial property:
a. The frontage considered for the deferral is not on a major pedestrian route to a school, shopping center, park, church, or other pedestrian traffic generator, as determined by the public works director.
3. The deferral of the sidewalk construction does not pose a threat to the welfare and safety of the public based upon a review of the pedestrian/vehicular traffic, the width and condition of the street, and of the on-street parking.
4. Whenever the construction of a sidewalk has been deferred, the property owner shall, unless otherwise allowed by the public works director or his/her designee:
a. Grade and slope the area to the future sidewalk grade;
b. Avoid planting trees in the sidewalk area, or building fences, retaining walls, steps, or other impediments to the future sidewalk; and
c. Note on the plans for the development that a deferment has been granted but that sidewalk construction may be ordered by the city council at any time.
5. Sidewalk construction which has been deferred pursuant to this section may be initiated by resolution of the city council. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
3.4.600 Utilities.
A. Underground Utilities.
1. Generally. All new utility lines including, but not limited to, those required for electric, communication, lighting, and cable television services and similar facilities shall be placed underground, except for surface-mounted transformers, surface-mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, and high-capacity electric lines operating at 50,000 volts or above, subject to review and approval by the public works director.
2. New Development. The following additional standards apply to all new development, in order to facilitate underground placement of utilities:
a. The developer shall make all necessary arrangements with the serving utility to provide the underground services. Care shall be taken to ensure that all aboveground equipment does not obstruct required vision clearance areas;
b. The city reserves the right to approve the location of all surface-mounted facilities;
c. 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; and
d. Stubs for service connections shall be sufficient in length to avoid disturbing the street improvements when service connections are made.
3. Exception to Undergrounding Requirement. Exceptions to the undergrounding requirement may be granted by the public works director due to physical constraints, such as steep topography, sensitive lands or existing development conditions that make undergrounding impractical. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
3.4.700 Construction plan approval and assurances.
A. Plan Approval and Permit. No public improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting, parks, or other requirements, shall be undertaken except after the plans have been approved by the city, permit fee paid, and permit issued. The permit fee is required to defray the cost and expenses incurred by the city for construction and other services in connection with the improvement. The permit fee shall be set by the city council.
B. Performance Guarantee. The city may require the developer or subdivider to provide assurance, bonding or other performance guarantees to ensure completion of required public improvements. See Chapter 4.2 SDC, Land Use Review and Design Review, and Chapter 4.3 SDC, Land Divisions and Property Line Adjustments.
1. The assurance shall contain the time within which the obligation is to be met. It may take the form of a surety or performance bond, cash, a negotiable security deposit, a mutual improvement agreement, a monetary contribution to a fund for future improvements if established by a separate city ordinance or other guarantees approved by the city attorney sufficient to cover the cost of the work as estimated by the city. The bond shall be conditioned upon the developer’s carrying out the obligation and fulfilling the other requirements of this title that bear on the approval of the development. The deposit or bond shall be forfeited to the city if the developer does not fulfill the requirements. The bond or deposit shall remain in the custody of the city until the obligation is completed or the bond or deposit is forfeited, or shall be placed in an escrow account subject to city control.
2. If the public works director finds that a developer is not fulfilling an obligation, the director shall, in written notice to the developer and the developer’s surety, specify the details of noncompliance. Unless the public works director allows more time for compliance because of circumstances beyond the developer’s control, within 30 days after receiving the notice, the developer or the developer’s surety shall commence the compliance and proceed diligently to complete fulfillment of the obligation.
a. If the developer or the developer’s surety does not commence the compliance within the 30 days or the additional time allowed by the public works director, or has so commenced but fails diligently to complete the compliance, or the compliance is otherwise not completed within the time specified in granting the development approval, the city may take the following action:
i. Enter upon the site of the development and carry out the obligation in accordance with the provisions agreed upon under the acknowledgement.
ii. Notify the developer and the developer’s surety of the developer’s failure to perform as required by this code.
iii. Demand payment from the developer for the unfulfilled obligation.
iv. If the security for the obligation is a bond, notify the surety that has furnished the bond that reimbursement for the expense for fulfillment of the obligation is due and payable to the city or, if the security is a deposit of cash or other assets, appropriate as much of the deposit as is necessary to recoup the expense.
v. Void all approvals granted in reliance on the improvement assurance.
b. If a bond or other required security is not sufficient to compensate the city for expenses necessary to fulfill the obligation, the amount due to the city for the obligation is a lien in favor of the city and upon the entire contiguous real property of the owner of the land subject to the obligation.
c. The lien attaches upon the filing with the city recorder of notice of the claim for the amount due for the fulfillment of the obligation. The notice shall demand the amount due, allege the insufficiency of the bond or other security to compensate the city fully for the expense of the fulfillment of the obligation, and allege the developer’s failure to do the required obligation.
d. The lien may be foreclosed in the manner prescribed by law for foreclosing other liens on real property.
e. The remedies set forth for noncompliance are cumulative. In addition to the remedies set forth above, noncompliance by the developer or his surety with any term of a performance guarantee shall entitle the city to pursue any civil remedy permitted by law.
C. Petition for Improvement/Waiver of Remonstrance. Existing single-family or duplex residential lots of record and lots created by a land partition may be developed, provided the lots are subject to a petition for improvement/waiver of remonstrance for a future assessment district for the lacking public facilities as determined and approved by the public works director in consultation with the Silverton fire district. (Ord. 21-04 § 22, 2021; Ord. 08-06 § 3, 2008)
3.4.800 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.
B. Adopted Installation Standards. The Standard Specifications for Public Works Construction, Oregon Chapter A.P.W.A., are hereby incorporated by reference; other standards may also be required upon recommendation of the public works director.
C. 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 to the approved design requested by the developer may be subject to review under Chapter 4.6 SDC, Modifications to Approved Plans and Conditions of Approval. Any monuments that are disturbed before all improvements are completed by the subdivider shall be replaced prior to final acceptance of the improvements.
D. Engineer’s Certification and As-Built Plans. A registered civil engineer shall provide written certification in a form required by the city that all improvements, workmanship, and materials are in accordance with current and standard engineering and construction practices, conform to approved plans and conditions of approval, and are of high grade, prior to city acceptance of the public improvements, or any portion thereof, for operation and maintenance. The developer’s engineer shall also provide one set of record drawings in photo Mylar (three-mil. minimum); and a CD containing the digital record drawings in both AutoCAD (check with public works department to determine release format) and Portable Document Format (.pdf) format, in conformance with design standards specifications, for permanent filing with the city. (Ord. 14-01 § 1 (Exh. A), 2014; Ord. 08-06 § 3, 2008)
3.4.900 Easements.
A. Provision. The developer is responsible for making 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. Public main line utility easements shall conform to city specification. See the design standards.
B. Recordation. As determined by the public works director, all easement facilities required under this chapter shall be recorded after final acceptance of public improvements. See also Chapter 4.3 SDC, Land Divisions and Property Line Adjustments. (Ord. 08-06 § 3, 2008)