The purpose of this chapter is to inform applicants of general design standards for street and utility improvements and maintain consistency between this title, the Aurora transportation system plan and the public works design standards and specifications.

(Ord. 415 § 7.92.101, 2002)

A.

The standard specifications for construction, reconstruction or repair of streets, sidewalks, curbs and other public improvements within the City shall occur in accordance with the standards of this title, the public works design standards, the ODOT/APWA Standard Specifications for Construction, the transportation system plan and county or state standards, including but not limited to the Uniform Fire Code, where applicable.

B.

The City Engineer may require changes or supplements to the standard specifications consistent with the application of engineering principles.

C.

All applications for development shall conform to the standards established by this chapter, when conformance is roughly proportional to the impact of the proposed development.

(Ord. No. 505, § 1 (Exh. A), 2025; Ord. 487 § 2, 2017; Ord. 419 § 15, 2002; Ord. 415 § 7.92.020, 2002)

A.

No development shall occur unless the development has frontage on or approved access to a public street:

1.

Whenever existing streets adjacent to or within a tract are of inadequate width, additional right-of-way shall be provided at the time of land division. Any new street or additional street width shall be dedicated and improved in accordance with this title, the Aurora transportation system plan and the public works design standards and specifications.

Street Design Standards⁽¹⁾

Notes:

⁽¹⁾  Street Design Standards for roadways within the National Historic District are subject to Historic Review Board approval on a case-by-case basis.

⁽²⁾  Additional right-of-way and roadway improvements may be required at major intersections to provide for turn lanes and for corner radii.

⁽³⁾  Planter strips are required unless approved otherwise by the City. Planting strips should be at least four feet wide to accommodate tree plantings. In commercially zoned areas, the City may require wider sidewalks which encroach into the planting strip area.

⁽⁴⁾  Collectors serving residential areas and historic commercial areas can accommodate on-street parking and shared use of road space by bicyclists and motor vehicles. These shared roadways will be designated with "sharrows." "Sharrows" are markings painted directly onto the road to promote the awareness that the road is a shared traffic lane to be used by both motorists and bicyclists. Collector Streets which serve primarily a mix of commercial and industrial properties will have bike lanes in lieu of on-street parking.

⁽⁵⁾  On an interim basis, two, six- to eight-foot protected shoulders may be installed adjacent to two, twelve-foot travel lanes, on a case-by-case basis as approved by the County.

⁽⁶⁾  City standards are advisory to Marion County on Marion County-owned roadways.

⁽⁷⁾  On an interim basis, a multi-use path, separated from the roadway, and on-street bike lanes may be allowed instead of sidewalks and planting strips on a case-by-case basis as approved by the County.

⁽⁸⁾  City standards are advisory on ODOT managed roadways

_____

2.

Subject to AMC 16.78 and approval of the Planning Commission, the City may accept and record a non-remonstrance agreement in lieu of street improvements if the following conditions exist:

a.

A partial improvement creates a potential safety hazard to motorists or pedestrians; or

b.

Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself, provide a significant improvement to street safety or capacity.

c.

Any approved non-remonstrance agreements shall be on forms provided by the City of Aurora and with review and approval signature authority on the draft agreement prior to recording.

3.

Subject to AMC 16.78 and approval of the Planning Commission, the City may accept a payment in lieu of street improvements. To propose a payment in lieu of street improvements, the applicant shall prepare an engineering estimate for the costs of engineer, design and construction of the required frontage improvements. City staff will review and approve the engineering cost estimate and calculate the payment in lieu of street improvements. The payment in lieu of street improvements will generally be set at two-thirds of the estimated cost. Payment in lieu of street improvement funds collected by the City will be used to pay for improvements within public rights of way within the Aurora city limits.

4.

New structures that are proposed to be constructed on lots abutting an existing public street that does not meet the minimum standards for right-of-way width shall provide setbacks sufficient to allow for the future widening of the right-of-way. Building permits shall not be issued unless yard setbacks equal to the minimum yard requirements of the zoning district plus the required minimum additional right-of-way width is provided.

B.

Rights-of-way shall normally be created through the approval of a final partition or subdivision plat.

1.

The Council may approve the creation of a street by deed of dedication if any establishment of a street is initiated by the council and is found to be essential for the purpose of general traffic circulation, and partitioning of subdivision of land has an incidental effect rather than being the primary objective in establishing the road or street for public use.

2.

All deeds of dedication shall be in a form prescribed by the City and shall name "the City of Aurora, Oregon" or "the public," whichever the City may require, as grantee.

3.

All instruments dedicating land to public use shall bear the approval by the Mayor accepting the dedication prior to recording.

4.

No person shall create a street or road for the purpose of partitioning an area or tract of land without the approval of the city.

C.

Subject to AMC 16.78, the Planning Commission may approve a private street established by deed for a subdivision containing no more than five total lots or for a partition provided such an approval is the only reasonable method by which a lot large enough to develop can develop when all of the following criteria are satisfied:

1.

Private streets shall serve no more than five dwellings and the city shall require legal assurances for the continued access and maintenance of private streets, such as a reciprocal access and maintenance agreement recorded with Marion County.

2.

Private streets which exceed one hundred fifty (150) feet shall be improved in accordance with the Uniform Fire Code.

3.

Private streets shall be improved in accordance with the public works design standards, and shall be a minimum of twenty (20) feet in width with a paved width of eighteen (18) feet. Unless otherwise approved by City Engineer, the private street typical asphalt design section shall be designed to City Local Street standards.

4.

If the establishment of a building site requires the creation of a private street for access, the total area of the street will not be applicable to the square footage requirements of the lot.

D.

When location is not shown in the Aurora transportation system plan, the arrangement of the streets shall either:

1.

Provide for the continuation or appropriate projection of existing streets in the surrounding areas, or conform to a plan for the neighborhood approved by the Planning Commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing street impractical. 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.

2.

New streets shall be laid out to provide reasonably direct and convenient routes for walking and cycling within neighborhoods and accessing adjacent development.

E.

Street right-of-way and roadway widths shall be as shown in the Aurora transportation system plan, except all streets constructed in the National Historic District shall require approval by the Historic Review Board and shall be constructed consistent with the Aurora downtown improvement plan and Title 17, Historic Preservation. Where conditions, particularly topography or the size and shape of the tract, make it impractical to otherwise provide buildable sites, narrower right-of-way may be accepted. If necessary, slope easements may be required.

F.

Reserve strips or street plugs controlling access to streets will not be approved unless necessary for the protection of the public welfare or of substantial property rights, and in those cases, they may be required. The control and disposal of the land comprising such strips shall be placed within the jurisdiction of the City under conditions approved by the Planning Commission.

G.

Except for extensions of existing streets, no street name shall be used which will duplicated or be confused with the name of an existing street. Street names and numbers shall conform to the established pattern in the City and shall be subject to the approval of the Planning Commission.

H.

Streets shall be laid out to intersect at angles as near to right angles as practical except where topography requires a lesser angle, but in no case shall the acute angle be less than eighty (80) degrees, unless there is a special intersection design. An arterial or collector street intersecting with another street shall have at least one hundred (100) feet of tangent adjacent to the intersection, unless topography requires a lesser distance. Other streets, except alleys, shall have at least five hundred (500) feet of tangent to the intersection unless topography requires a lesser distance. Intersections which contain an acute angle of less than eighty (80) degrees, or which include an arterial street, shall have a minimum corner radius sufficient to allow for a roadway radius of twenty (20) feet and maintain a uniform width between the roadway and right-of-way line. Ordinarily, the intersection of more than two streets at any point will not be approved.

I.

1.

Half streets, while generally not acceptable, may be approved where essential to the reasonable development of the site when in conformity with the other requirements of these regulations, and when the Planning Commission finds it will be practical to require the dedication of the other half when adjoining property is divided or developed. Whenever a half street is adjacent to a tract to be divided or developed, the other half of the street shall be provided within such tract. Reserve strips and street plugs pursuant to subsection E of this section may be required to preserve the objectives of half streets.

2.

Where a half street improvement is otherwise acceptable, and additional development and/or redevelopment is expected to result in completion of the remaining half street sometime in the future, three-quarter street improvements are required in lieu of half street improvements.

J.

A cul-de-sac shall be as short as possible, shall have a maximum length of four hundred (400) feet and shall serve building sites for not more than eighteen (18) dwelling units. A cul-de-sac shall terminate with a circular turnaround.

K.

Unless otherwise approved by the City Engineer, the City Local Street typical asphalt design section shall, at minimum, consist of four inches of Level 2, one-half-inch dense asphalt concrete pavement, over ten (10) inches of one-inch compacted crushed rock, over prepared subgrade. The City Collector Street typical asphalt design section shall, at minimum consist of five inches of Level 2, one-half-inch dense asphalt concrete pavement over twelve (12) inches of one-inch compacted crushed rock, over prepared subgrade. County and State street minimum typical asphalt design sections shall be as required by Marion County or ODOT. Grades shall not exceed six percent on arterials, ten (10) percent on collector streets, or twelve (12) percent on other streets. Unless otherwise approved by the City Engineer, new City Local and Collector Streets shall have a typical two percent normal cross slope. Center line radii of curves shall not be less than three hundred (300) feet on major arterials, two hundred (200) feet on secondary arterials, or one hundred (100) feet on other streets and shall be to an even ten (10) feet. Where existing conditions, particularly the topography, make it otherwise impractical to provide building sites, the Planning Commission may accept steeper grades and sharper curves. In no case shall a grade exceed sixteen (16) percent. In flat areas, allowance shall be made for finished street grades having a minimum longitudinal slope of at least one-half of one percent.

L.

Wherever the proposed land division or development contains or is adjacent to a railroad right-of-way, provision may be required for a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land between the streets and the railroad. The distance shall be determined with due consideration at cross streets of the minimum distance required for approach grades to a future grade separation and to provide sufficient depth to allow screen planting along the railroad right-of-way.

M.

Where an adjacent development results in a need to install or improve a railroad crossing, the cost for such improvements may be a condition of development approval, or another equitable means of cost distribution shall be determined by the City Engineer and approved by the Planning Commission.

N.

Where a land division or development abuts or contains an existing or proposed arterial street, the Planning Commission may require marginal access streets, reverse frontage lots with suitable depth, screen planting contained in a non-access reservation along the rear or side property line, or other treatment necessary for adequate protection of residential development design shall provide adequate protection for residential properties, and to afford separation of through and local traffic.

O.

Alleys shall be provided in commercial and industrial districts, unless other permanent provisions for access to off-street parking and loading facilities are approved by the Planning Commission. The corners of alley intersections shall have a radius of not less than twelve (12) feet.

P.

Concrete vertical curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards in the City's public works design standards as required by the Aurora transportation system plan. Driveways shall be asphalt or concrete, not less than four inches deep or two inches of asphalt on four inches of three-fourths-inch minus compacted crushed rock, or other hard durable and dustless surfaces such as cobblestone, unit masonry, scored and colored concrete, grass-Crete, or combinations of the above. Driveway width shall be twelve (12) feet minimum and twenty-four (24) feet maximum for two-car garages and up to thirty-six (36) feet for three-car garages

Q.

Upon completion of a street improvement and prior to acceptance by the City, it shall be the responsibility of the developer's registered professional land surveyor to provide certification to the City that all boundary and interior monuments shall be established or re-established, protected and recorded.

R.

The developer shall install all street signs, relative to traffic control and street names, as specified by the Public Works Director for any development. The cost of signs shall be the responsibility of the developer.

S.

The location of traffic signals shall be noted on approved street plans, and where a proposed street intersection will result in an immediate need for a traffic signal, a city-approved signal shall be installed. The cost shall be included as a condition of development.

T.

Street lights shall be installed in accordance with the City's public works design standards and shall be consistent with AASHTO standards. Street lights shall be served from an underground source of supply. Street lighting shall be subject to review and approval of the Oregon Department of Transportation and Marion County as to location and style, where applicable.

U.

Within six months of developing frontage improvements, two-inch caliper trees shall be installed in planting strips in accordance with the City of Aurora's street tree list. Prior to adoption of a street tree list, the City of Aurora's City Engineer will approve the street tree selection.

_____

1.

The City of Aurora's street tree list for planting strips shall be:

CITY OF AURORA STREET TREE LIST

a.

Spacing. The spacing of street trees shall be in accordance with the species, size, classes listed in the official tree list of this chapter, and trees shall be planted not less than one tree per twenty-five (25) feet of street frontage.

b.

Recommended Street Trees. The following tree species are recommended for use as street and parking lot trees:

Four to six-foot planting strip—With or without overhead lines

Four to six-foot planting strip—With overhead lines

Greater than six-foot minimum planting strip—With or without overhead lines

Greater than six-foot minimum planting strip- Without overhead lines

2.

All other trees are prohibited from installation within public rights-of-way as they cause one or more of the following problems: (1) their roots damage sewer lines or pavement; (2) they are particularly subject to disease or insects; (3) they cause visibility problems along streets or intersections; (4) they create messy sidewalks and pavements, usually due to fruit drop.

V.

1.

Access spacing standards for streets and driveways are:

Spacing Requirements for Accesses on State, County, and City Roadways

Notes:

⁽¹⁾  Distances are measured from inside edge of roadways and driveways, excluding driveway aprons.

⁽²⁾  For access spacing requirements on Oregon 99E, consult Oregon Administrative Rules 734-051

Where spacing standards cannot be satisfied, joint and cross access and shared driveways are encourages pursuant to subsections (V)(2) and (3).

2.

Where access spacing standards cannot be satisfied, a shared driveway serving no more than two residences may be permitted with a recorded reciprocal access and maintenance agreement.

3.

Where access spacing standards cannot be satisfied, adjacent non-residential properties are encouraged to develop a system of joint use driveways and crossover easements for vehicles and pedestrians. Pursuant to this section, property owners developing a system of joint use driveways and crossover easements shall:

a.

Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or access drives.

b.

Record an agreement with the City of Aurora stating that pre-existing driveways will be closed and eliminated after construction of the joint-use driveway.

c.

Record a joint maintenance agreement with the deed defining maintenance responsibilities of property owners.

4.

New property access shall not be permitted within fifty (50) feet of an intersection unless no other reasonable access to property is available. Where no other alternatives exist, the City may allow construction of an access connection at a point less than fifty (50) feet from an intersection, provided the access is as far away from the intersection as possible. In such cases, the City may impose turning restrictions (i.e., right in/out, right in only, or right out only)

W.

Traffic Operations Standards.

Notes:

¹  For intersections where state owned roadways cross city or county owned roadways, state traffic operations standards are used in place of city and/or county standards. Where county owned roadways cross local roadways, county operations standards are used in place of city standards.

²  For intersections where two roadways owned by the same jurisdiction cross, the traffic operations standards of the street with the higher functional classification are used (Collector is higher than Local Residential and Principal Arterial is higher than Minor Arterial).

³  Source: Marion County Regional Transportation System Plan.

⁴  LOS F may be allowed at county-owned un-signalized intersections if the movement has relatively low volume (as determined by County staff) and there is no indication that a safety problem will be created.

⁵  Oregon Department of Transportation operations standards apply to Oregon 99E within the City of Aurora. Within the City, Oregon 99E has two designations, each with its own operations standard, The portion of Oregon 99E from Liberty Street to 4th Avenue is a Regional Highway with Special Transportation Area designation. The remaining portion of Oregon 99E is a Regional Highway.

_____

X.

Traffic Impact Analysis (TIA). A Traffic Impact Analysis (TIA) meeting the City of Aurora Transportation System Plan (TSP) adopted standards and conditions shall be required when:

1.

The development generates twenty-five (25) of more peak-hour trips or two hundred fifty (250) or more daily trips.

2.

An access spacing exception is required for the site access driveway(s) and the development generates ten (10) or more peak-hour trips or one hundred (100) or more daily trips.

3.

The development is expected to impact intersections that are currently operating at the upper limits of the acceptable range of level of service during the peak operating hour.

4.

The development is expected to significantly impact adjacent roadways and intersections that have previously been identified as high crash locations or areas that may have other operations or safety concerns, or areas that contain a high concentration of pedestrians or bicyclists such as a school.

5.

Based on the engineering judgement of the City Engineer, the development or land use action would significantly affect the adjacent transportation system. Examples include, but are not limited to, proposals for non-single family development in single family residential areas. Proposals adding traffic to or creating known or anticipated safety or neighborhood traffic concerns, or proposals that would generate a high percentage of truck traffic (more than five percent of the site traffic).

If a TIA is not required, the applicant's traffic engineer shall submit a transportation assessment letter to the City indicating the proposed development or land use action is exempt. This letter shall outline the trip-generating characteristics of the proposed land use and verify that the site-access driveways or roadways meet City of Aurora visual clearance requirements and roadway design standards.

The City Engineer or Planning Director may waive the requirement for a transportation assessment letter if a clear finding can be made that the proposed land use action does not generate twenty-five (25) or more peak hour trips or two hundred fifty (250) or more daily trips and the existing and/or proposed driveway(s) meet the City's visual clearance requirements and access spacing standards.

(Ord. 496, § 2(Exh. A), 2022; Ord. 488, § 2(Exh. A), 2019; Ord. 487 § 2, 2017; Ord. 468 §§ 1, 2, 2012; Ord. 462 § 1, 2011; Ord. 499, § 3(Exh. B), 2022)

A.

The length, width, and shape of blocks shall take into account the need for adequate building site size and street width, and shall recognize the limitations of the topography.

B.

No block shall be more than one thousand (1,000) feet in length between street corner lines unless it is adjacent to an arterial street, or unless the topography or the location of adjoining streets justifies an exception. The recommended minimum length of blocks along an arterial street is one thousand eight hundred (1,800) feet. A block shall have sufficient width to provide for two tiers of building sites unless topography or the location of adjoining streets justifies the exception.

C.

Through lots and parcels shall not be permitted except where they are essential to provide separation of residential development from major traffic arteries or adjacent nonresidential activities, or to overcome specific disadvantages or topography and orientation. A planting screen easement at least ten (10) feet wide, and across which there shall be no right of access, shall be required along the line of building sites abutting such a traffic artery or other incompatible use. The planting screen easement shall be landscaped in accordance with the requirements for screening in Chapter 16.38.

D.

The lines of lots and parcels, as far as is practicable, shall run at right angles to the street upon which they face, except that on curved streets they shall be radial to the curve.

E.

Subject to AMC 16.78, the Planning Commission may approve the creation of a flag lot for residential development when necessary to achieve planning objectives, such as reducing direct access to roadways, providing existing internal platted lots with access to a residential street, meeting the desired density standards for the zone, or preserving natural or historic resources, when all of the following criteria are satisfied:

1.

The depth of the existing legal lot of record is equal to or more than two times the lot depth required by the zone;

2.

The result would not increase the number of properties requiring direct and individual access connections to the State Highway System or other arterials;

3.

No more than one lot shall be permitted per deeded access flag;

4.

All affected driveways shall meet the access spacing standards found in [Section] 16.34.030(V)(1) except where flag lots on adjacent properties share a common property line and the driveway for each flag lot is constructed immediately adjacent to the common property line and functions as a shared driveway with a recorded reciprocal access and maintenance agreement; and

5.

The flag access shall have a minimum width of twenty (20) feet and a maximum width of twenty-five (25) feet (Ord. 419)

6.

The flag driveway shall have a minimum paved width of twelve (12) feet; and

7.

In no instance shall flag lots constitute more than two lots in a partition or a subdivision; and

8.

The lot area for a flag lot shall comply with the lot area requirements of the applicable zoning district and shall be provided entirely within the building site area exclusive of any access-way.

(Ord. 462 § 1, 2011; Ord. 419 § 18, 2002; Ord. 415 § 7.92.040, 2002)

A.

Easements for sewers, drainage, water mains, electric lines or other public utilities shall be granted wherever necessary. The easements shall be at least twelve (12) feet wide and centered on lot or parcel lines, except for utility pole tieback easements which may be reduced to six feet in width. The property owner proposing a development shall make arrangements with the City, the applicable district and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development.

B.

If a tract is traversed by a watercourse, such as a drainage-way, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for the purpose. Streets or parkways parallel to the major water courses may be required.

C.

When desirable for public convenience, a pedestrian or bicycle way may be required to connect a cul-de-sac or to pass through an unusually long or oddly shaped block or otherwise provided appropriate circulation.

(Ord. 415 § 7.92.050, 2002)

A.

On public streets, sidewalks are required except as exempted by the Aurora transportation system plan and shall be constructed, replaced or repaired in accordance with the City's public works design standards, Appendix A Illustrations 10, 11 and 12 set out at the end of this title. If properties are located in the historic commercial or historic residential overlay, sidewalks shall be constructed in accordance with the Aurora downtown improvement plan and the City of Aurora Design Review Guidelines for Historic District Properties, set out in the Appendix to this code.

B.

Maintenance of sidewalks and curbs is the continuing obligation of the adjacent property owner.

C.

The City may accept and record a non-remonstrance agreement for the required sidewalks from the applicant for a building permit for a single-family residence when the Public Works Director determines the construction of the sidewalk is impractical for one or more of the following reasons:

1.

The residence is an in-fill property in an existing neighborhood and adjacent residences do not have sidewalks;

2.

Topography or elevation of the sidewalk base area makes construction of a sidewalk impractical.

D.

Sidewalk Seating and Displays.

1.

Definitions.

Accessible route means a sidewalk at least four feet in width which has seven feet of vertical clearance.

Adjacent sidewalk means that portion of a public sidewalk between the curb line and the property line demarcated by extending the side property lines of the premises until they intersect the curb.

Clearances as referenced in this section are measured horizontally from the outside edge of the sidewalk seating and/or display delineation to any obstruction on the ground greater than one-half inch in height, or to an adjacent projection such as tree limbs, tree wells, banners, signs, bike racks, lamp posts or any other fixtures. Accessible routes clearance shall be no less than four feet in width and no less than seven feet in height for the entire length of the accessible route. Radiuses along an accessible route shall be no less than four feet in width.

Liability insurance as reference in this section requires a signed statement that the permittee shall hold harmless the city, its officers and employees, and shall indemnify the city, its officers and employees for any claims for damages to property or injury to persons which may occur in connection with an activity carried on under the terms of the permit. Permittee shall furnish and maintain such public liability, liquor liability, food products liability, and property damages insurance as will protect permittee and city from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therein. Such insurance shall provide coverage or not less than the amount of municipal tort liability under the Oregon Tort Claims Act. The permittee shall name the City of Aurora as an additional insured by attaching an endorsement to the certificate of insurance (provided by the city). Such insurance shall be without prejudice to coverage otherwise existing therein, and shall name as additional insured by city, its officers, and employees, and shall further provide that the policy shall not terminate or be canceled prior to expiration of the permit without thirty (30) days' written notice to the city.

2.

Permitted Uses. All business, service, repair, storage of merchandise displays shall be conducted wholly within the property line of the subject parcel except the following:

a.

Displays for sale purposes of small merchandise in relation to the fronting business shall not exceed more than 10 percent of the dimensional measurement (height × width) of the primary facade of the applicable business. All open inventory display shall be removed to the interior of the business after business hours;

b.

Displays, for sale purposes in relation to the fronting business, of live trees, shrubs and other plants, flowers, or produce; and

c.

Outdoor seating in relation to a permitted eating or drinking establishment subject to the criteria below.

3.

Application submission requirements:

a.

Required information may be combined on one map. Site plan(s) shall include the following information, as appropriate:

(1)

Evidence of Liability Insurance;

(2)

A vicinity map showing the proposed site and surrounding properties;

(3)

The site size and its dimensions;

(4)

The location and dimension of all proposed:

i.

Entrances and exits on the site;

ii.

Loading and services areas, where applicable;

iii.

Proposed placement of outdoor seating and location of tables and related material to be placed within the public right-of-way.

B.[D.]

Businesses which intend to serve alcoholic beverages must additionally submit the following application requirements:

1.

Verification of a valid Oregon Liquor Control Commission permit.

2.

Except for glasses, bottles, pitchers, and carafes that are being served to customers. No taps, kegs, coolers, or other alcoholic beverage storage devices are allowed on the sidewalk.

3.

Signage at the access/exit point prohibiting the removal of alcoholic beverages from the licensed seating areas.

4.

Approval Standards and Criteria:

a.

The City Recorder or designee shall review the application for compliance with the following criteria:

(1)

The outdoor seating shall be located such that there is a minimum of four feet of clear and unobstructed accessible route to a height of seven feet measure vertically from grade between the seating and tree limbs, bike racks, lamp posts, sign posts and any other fixtures or obstructions.

(2)

The location of the outdoor seating shall be approved by the City Recorder or designee.

(3)

The operation of a outdoor seating requires that trash containers be provided on site and removed at the end of business hours.

(4)

All materials, with the exception of tables and seating, shall be removed at the end of each business day.

(5)

Seating and permit is limited to the area adjacent to the subject business.

(6)

No signage shall be attached to any furniture or any other structure related to the operation of the business.

(7)

No use of city fixtures shall be permitted.

(8)

Outdoor seating shall correspond with the operation of business hours.

(Ord. 502 § 2(Exh. A), 2024; Ord. 488, § 2(Exh. A), 2019; Ord. 415 § 7.92.060, 2002; Ord. 464, 2011)

A.

If the City has an interest in acquiring a portion of a proposed subdivision or development for a public purpose, or if the City has been advised of such interest by a school district or other public agency, and there is reasonable assurance that steps will be taken to acquire the land, then the Planning Commission may require that those portion of the subdivision or development be reserved for public acquisition for a period not to exceed one year at a cost not to exceed the value of the land prior to the subdivision or development or such land shall be released to the property owner.

B.

Within or adjacent to a subdivision, a parcel of land may be set aside and dedicated to the public by the sub-divider. The size of this parcel shall be determined by the distance from the existing city parks and the number of people to be housed by the subdivision. The parcel shall be approved by the Planning Commission as being suitable and adaptable for park and recreation areas. The developer may be eligible for credit on parks systems development charges for such a dedication.

(Ord. 415 § 7.92.070, 2002)

A.

Sanitary sewers shall be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth by the City's public works design standards and the adopted policies of the comprehensive plan.

B.

The City Engineer shall approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service.

C.

Any sanitary sewer system extensions shall include consideration of additional development within the area, be designed in accordance with the comprehensive plan and the wastewater facility master plan, and consider the potential flow upstream in the sanitary sewer sub-basin.

D.

In areas that will not be served by a public sewer, minimum lot and parcel sizes shall permit compliance with the department of environmental quality and shall take into consideration problems of sewage disposal, particularly problems of soil structure and water table as related to sewage disposal by septic tank. In the event the city trunk system is not yet in place, septic systems may be used until such time as it becomes possible to connect to a sewer system. However, sewer laterals designed for future connection to a sewage disposal system shall be installed and sealed. If such required sewer facilities are capable of serving property outside the subdivision, without further construction, the following arrangements will be made to equitably distribute the cost:

1.

If the area outside the subdivision to be directly served by the sewer line has reached a state of development to justify sewer installation at the time, the Planning Commission may recommend to the City Council construction as an assessment project with such arrangement with the sub-divider as is desirable to assure financing his share of the construction.

2.

If the installation is not made as an assessment project, the City will reimburse the sub-divider an amount estimated to be a proportionate share of the cost for each connection made to the sewer by property owners outside of the subdivision for a period of ten (10) years from the time of installation of the sewers. The actual amount shall be as determined by the Planning Commission at the time of approval of the plat considering current construction costs. Property owner shall be responsible for the connection up to the sewer mainline and a double sweep clean out must be installed at the property line.

E.

Applications shall be denied by the approval authority where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified within the development and which 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 the sewage treatment system.

(Ord. 487 § 2, 2017; Ord. 415 § 7.92.080, 2002)

A.

Storm drainage shall be designed in accordance with the provisions set forth by the City's public works design standards and the adopted policies of the comprehensive plan. The Planning Director, City Engineer and Public Works Director shall recommend issuance of City permits only where adequate provisions for stormwater and floodwater runoff have been made, and:

1.

The stormwater drainage system shall be separate and independent of any sanitary sewerage system;

2.

Inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street;

3.

Surface water drainage patterns shall be shown on every development proposal plan;

4.

For sites with 10,000 square feet or more of impervious surface area, a stormwater analysis, calculations, and report shall be submitted with proposed plans for City review and approval. Stormwater quantity on-site detention facilities shall be required in accordance with Marion County Public Works Standards, unless otherwise approved by the City Engineer. When required because of an identified downstream deficiency, stormwater quantity on-site detention facilities shall be designed such that the peak runoff rates will not exceed pre-development rates for the specific range of storms where the downstream deficiency is evident. Construction of on-site detention shall not be allowed as an option if such a detention facility would have an adverse effect upon receiving waters in the basin or sub-basin in the event of flooding, or would increase the likelihood or severity of flooding problems downstream of the site.

5.

All stormwater construction materials shall be subject to approval of the City Engineer.

6.

For privately maintained stormwater facilities, a Private Stormwater Facilities Agreement, in a form approved by the City, shall be fully executed by the Owner and submitted to the City prior to the issuance of the City permit. This agreement, recorded with Marion County Oregon Licensing and Recording Division, identifies the operation and maintenance requirements and the party responsible for the long-term operation and maintenance of the private stormwater facilities.

B.

A culvert or other storm drainage system shall, and in each case be, large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the storm drainage system.

C.

Where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing storm drainage system, the Planning Director 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.

D.

Drainage facilities shall be provided within a subdivision or development and to connect the subdivision or development drainage to drainage ways or storm drainage system off site. Design of storm drainage systems, as approved by the City Engineer, shall take into account the capacity and grade necessary to maintain unrestricted flow from areas draining through the subdivision or development and to allow extension of the system to serve such areas.

E.

Street improvements shall include installation of inlets or catch basins connected to storm drainage systems or drainage ways.

(Ord. 502 § 2(Exh. A), 2024; Ord. 487 § 2, 2017; Ord. 415 § 7.92.090, 2002)

Water systems shall be designed in accordance with the provisions set forth by the City's public works design standards and the adopted policies of the comprehensive plan. The Planning Director and Public Works Director shall issue permits only where provisions for municipal water system extensions have been made, and:

A.

Any water system extension shall include consideration of additional development within the area, be designed in accordance with the comprehensive plan and water system master plan and consider the potential flow requirements upstream in the water system sub-basin;

B.

Extensions shall be made in such a manner as to provide for adequate flow and gridding of the system. Unless otherwise approved by the City Engineer, all public water main extensions shall be a minimum eight inches in diameter;

C.

The City Engineer shall approve all water system construction materials;

D.

Water lines and fire hydrants serving each building site in the subdivision or development and connecting the subdivision or development to City mains shall be installed. Unless otherwise approved by the City, separate water services and water meters shall be provided for each building that is to be used as a place of business when locates within a single lot;

(Ord. 493, § 2(Exh. A), 2021; Ord. 487 § 2, 2017; Ord. 415 § 7.92.100, 2002)

A.

Developments adjoining proposed bikeways as shown in the Aurora transportation system plan shall include provisions for the future extension of such bikeways through the dedication of easements or rights-of-way.

B.

Minimum width for bikeways, where required, is six paved feet per travel lane.

(Ord. 462 § 1, 2011; Ord. 415 § 7.92.060, 2002)

A.

All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface-mounted transformers, surface-mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at fifty thousand (50,000) volts or above, and:

1.

The applicant shall make all necessary arrangements with the serving utility to provide the underground services;

2.

The City reserves the right to approve location of all surface mounted facilities;

3.

All underground utilities, including sanitary sewers, water lines, and storm drains installed in streets by the applicant, shall be constructed prior to the surfacing of the streets; and

4.

Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made.

B.

The applicant shall show on the development plan or in the explanatory information, easements for all underground utility facilities, and

1.

Plans showing the location of all underground facilities as described herein shall be submitted to the City Engineer for review and approval; and

2.

Aboveground equipment shall not obstruct vision clearance areas for vehicular traffic.

(Ord. 415 § 7.92.120, 2002)

When a subdivision abuts a state highway, the residence immediately adjacent to the highway must be protected from the adverse noise, dust and visual impacts of the highway by means of one of the following:

A.

When abutting residences face the highway, access to the highway must be provided by a frontage road which shall comply to the design standards for a collector street as established in this title and any other standards required by the state of Oregon for streets which intersect with a state highway. The property between the outer edge of the frontage road and the state highway easement shall be planted with at least one row of deciduous and evergreen trees staggered and spaced not more than fifteen (15) feet apart.

B.

When internal circulation is provided so that the back of adjacent residences are located on the state highway, one of the following barriers must be provided:

1.

In an area not less than fifteen (15) feet in width, the planting of at least one row of deciduous and evergreen trees staggered and spaced not more than fifteen (15) feet apart, with at least one row of evergreen shrubs planted on the highway side spaced not more than five feet apart, which will grow to form a continuous hedge at least five feet in height within one year of planting. Lawn, low growing evergreen shrubs, and evergreen ground cover shall cover the balance of the area.

2.

In a planting area not less than ten (10) feet in width, an earth berm with a slope not more than forty (40) percent (1:25) on the highway side shall be constructed. On the side of the berm closer to residences, at least one row of deciduous and/or evergreen shrubs spaced not more than five feet apart shall be planted. Lawn, low growing evergreen shrubs, and evergreen ground cover shall cover the balance of the area.

3.

In a planting area not less than five feet in width, a masonry wall not less than five feet in height shall be constructed, with dense evergreen hedges at least five feet high and/or earth berms planted/constructed on both sides. Lawn, low growing evergreen shrubs, and evergreen ground cover shall cover the balance of the area.

(Ord. 415 § 7.92.125, 2002)

A.

Prior to beginning any construction, the applicant shall assure the completion and maintenance of improvements by securing a bond, or placing cash in escrow, an amount equal to one hundred twenty-five (125) percent of the estimated cost of the improvements. Further, the applicant shall execute an agreement with the City Attorney regarding the repair, at the applicant's expense, of any public facilities damaged during development.

B.

The period within which the required improvements must be completed shall be two years from the date of the approval. The Planning Commission, upon proof of extraordinary difficulty, may extend the completion date by one year.

C.

All required improvements, shall be made by the applicant, without reimbursement by the City.

D.

If the applicant fails to complete the required improvements within the time frame in subsection B of this section, the City may declare the applicant to be in default and call on the bond or escrow deposit to complete the improvements to the satisfaction of the City Engineer. If the amount of the bond or escrow deposit exceeds the cost of the completed improvements and the expenses incurred by the City, it shall release the remainder. If the cost to make the improvements and the related expenses incurred by the City exceeds the amount of the bond or escrow agreement, the applicant shall be liable to the City for the difference, together with any court costs and attorney's fees necessary to collect the costs and expenses from the applicant.

(Ord. 487 § 2, 2017; Ord. 415 § 7.92.130, 2002)

Any monuments that are disturbed before all improvements are completed by the applicant shall be replaced and recorded prior to final acceptance of the improvements.

(Ord. 415 § 7.92.140, 2002)

A.

No improvements, including sanitary sewer systems, storm drainage systems, water systems, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans have been reviewed and approved by the City, and all applicable fees paid.

B.

At the time construction drawings are submitted to the City for review, the applicant shall pay a technical review deposit. The deposit shall be used to defray the expenses for such technical services as are necessary to review the construction drawings and insure that the proposed improvements will be constructed to City standards in accordance with accepted engineering practices. If the original deposit is not adequate to cover the cost of the technical review, the applicant shall pay the additional amount necessary to cover these costs prior to receiving approval of the construction drawings.

(Ord. 487 § 2, 2017; Ord. 415, § 7.92.150, 2002)

In addition to other requirements, improvements installed by the developer either as a requirement of these regulations or at the developers own option, shall conform to the requirements of this title and to improvement standards and specifications followed by the City, and shall be installed in accordance with the following procedure:

A.

Improvement work shall not be commenced until plans have been checked for adequacy and approved by the City. To the extent necessary for evaluation of the proposal, the plans may be required before approval of the tentative plat of a subdivision or a partition or a design review.

B.

Improvement work shall not commence until after the City is notified, and if work is discontinued for any reason, it shall not be resumed until after the City is notified.

C.

Improvements shall be constructed under the inspection of the Engineer of Record, and under the observation and to the satisfaction of the City Engineer. The City may require changes in typical sections and details in the public interest if unusual conditions arise during construction to warrant the change.

D.

Underground utilities, sanitary sewer systems storm drainage systems and water systems, where required, are to be installed in streets prior to the surfacing of the streets. Stubs for service connections for underground utilities sanitary sewer systems, and water systems shall be placed to the length required to insure the street improvements will remain undisturbed when service connections are made.

E.

Public improvement as-built drawings shall be submitted to the City for review and approval upon completion of the improvements. The as-built drawings shall be in a form acceptable to the City. An electronic copy of the as-built drawings shall also be submitted in pdf format, or other electronic format, as determined by the City. The as-built drawings shall be signed by the Engineer of Record, and shall be drafted in the same manner as the original approved plans with the clear indication of all modifications made during construction (strike out old with new beside). The as-built drawings shall accurately represent the constructed project as determined by a post-construction survey. As-built survey notes may be required by the City if a discrepancy is noted between the submitted as-built drawings and the City's construction observations notes.

F.

The City Engineer shall prepare and submit to the City Council specifications to supplement the standards of this title based on engineering standards appropriate for the improvements concerned. Specifications shall be prepared for the design and construction of required public improvements, such other public facilities as a developer may elect to install, and public streets.

(Ord. 487 § 2, 2017; Ord. 415, § 7.92.160, 2002)

A.

Work shall not begin until construction plans and a construction estimate have been submitted and checked for adequacy and approved by the City in writing. Three copies of the design drawings, drawn to scale and prepared by a registered engineer or surveyor, shall be submitted to the City Recorder, with the required deposit. It is the policy of the City to require compliance with Oregon Revised Statute 672 for Professional Engineers. Engineering plans, reports, or documents shall be prepared by an Oregon registered Professional Engineer or by a subordinate employee under the Engineer of Record's direction, and shall be signed by the Engineer of Record and stamped with the Engineer of Record's seal to indicate responsibility for them. The Engineer of Record shall maintain complete responsibility for the design of the project, City approval of plans or any other engineering document produced by the Engineer of Record does not in any way relieve the Engineer of Record of responsibility for the design, or their responsibility to meet applicable City, County, State, and Federal requirements, or their obligation to protect life, health, and property of the public. The Engineer of Record shall review any proposed public facility extension, modification, or other change with the City prior to engineering or other proposed design work to determine if there are any special requirements or whether the proposal is permissible. The plan for any project shall be revised or supplemented at any time it is determined that the project requirements have not been met. It is also required that at any time a revision to the design is required, the Engineer of Record shall maintain responsibility to redesign per the City's approval. It is therefore necessary for the Engineer of Record to be available during construction should timely changes be required. If the Engineer of Record leaves the acting consulting firm then a new registered Professional Engineer will have to submit an updated Engineer of Record form to the City prior to work commencing.

B.

Drawings shall be drawn at a scale of one inch equals fifty (50) feet, and oriented so that north is to the top of the page, whenever practical. The title of the drawing, the date, including all revision dates, as well as the name, signature and stamp of the surveyor and/or engineer responsible for the drawings shall be shown.

C.

Street and storm drainage systems shall be on the same set of drawings, with sanitary sewer system and water systems on another set of drawings, whenever possible.

D.

Plans and profiles shall show the locations and typical cross sections of street pavements, including, as applicable, curbs and gutters, sidewalks, rights-of-way, manholes and catch basins or inlets, direction of flow and invert elevations of existing and proposed sanitary sewers, storm drainage systems, water systems, and fire hydrants.

E.

The City Recorder shall distribute copies of the submitted drawings to city staff and affected agencies for a fourteen-day review period.

F.

If the drawings are found to require changes, these shall be listed in a letter to the applicant, and no approval granted until drawings reflecting all of the modifications have been resubmitted.

(Ord. 487 § 2, 2017; Ord. 415, § 7.92.170, 2002)

A.

Improvements shall be constructed under the inspection of the Engineer of Record, and under the observation and to the satisfaction of the City. The City may require changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest.

B.

The City Council may accept the improvements only after all of the following have been completed:

1.

The applicant has submitted a letter to the Council requesting the City accept the improvements;

2.

The applicant has submitted two sets of as-built drawings;

3.

The City's Engineer has approved the improvements and recommended acceptance;

4.

If required, the applicant shall submit a maintenance bond or escrow agreement, in an amount not less than thirty (30) percent of the cost of the improvements. The agreement shall run for at least one year, and may be required for two years, if the Council has good reason to believe that the improvements will fail due to workmanship and/or materials. Within this period, the applicant shall be required to correct all deficiencies of workmanship and/or materials that may arise within the development.

(Ord. 487 § 2, 2017; Ord. 415, § 7.92.180, 2002)

The Engineer of Record shall provide written certification that all improvements, workmanship and materials are in accordance with current and standard engineering and construction practices, and that improvements were built according to the approved plans and specifications, prior to City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance.

(Ord. 415 § 7.92.190, 2002)

To ensure safe, direct, and convenient pedestrian circulation, all developments, except single-family detached housing (i.e., on individual lots), shall provide a continuous pedestrian system. The pedestrian system shall be based on the standards in subsections A-C, below:

A.

Continuous Walkway System. The pedestrian walkway system shall extend throughout the development site and connect to all future phases of development, and to existing or planned off-site adjacent trails, public parks, and open space areas to the greatest extent practicable. The developer may also be required to connect or stub walkway(s) to adjacent streets and to private property with a previously reserved public access easement for this purpose

B.

Safe, Direct, and Convenient. Walkways within developments shall provide safe, reasonably direct, and convenient connections between primary building entrances and all adjacent streets, based on the following definitions:

1.

Reasonably direct. 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 likely users.

2.

Safe and convenient. Routes that are reasonably free from hazards and provide a reasonably direct route of travel between destinations.

3.

"Primary entrance" for commercial, industrial, mixed use, public, and institutional buildings is the main public entrance to the building. In the case where no public entrance exists, street connections shall be provided to the main employee entrance.

4.

"Primary entrance" for residential buildings is the front door (i.e., facing the street). For multifamily buildings in which each unit does not have its own exterior entrance, the "primary entrance" may be a lobby, courtyard, or breezeway which serves as a common entrance for more than one dwelling.

C.

Connections Within Development. Connections within developments shall be provided as required below:

1.

Walkways shall connect all building entrances to one another to the extent practicable;

2.

Walkways shall connect all on-site parking areas, storage areas, recreational facilities and common areas, and shall connect off-site adjacent uses to the site to the extent practicable. Topographic or existing development constraints may be cause for not making certain walkway connections.

(Ord. 462 § 1, 2011)