The City of Halsey has adopted design standards for the built environment. The standards are intended to protect the public health, safety, and welfare and enable the City to create a livable city. Design standards in this Chapter require an applicant to plan for safe access and circulation to and within a development site and for the provision of landscaping, parking and loading and public facilities.

The City’s design standards are contained in both Chapter 2 and Chapter 3. It is important to review both chapters, and all relevant code sections within the chapters, to determine which standards apply.

A.    Chapter 2. Each land use district in Chapter 2 provides design standards that are specifically tailored to the district. Each district provides building and architectural design standards that are meant to address the impacts or characteristics of residential, commercial, industrial and other non-residential uses.

B.    Chapter 3. The following design standards in Chapter 3 apply throughout the City, for all land use types:

3.2    Access and Circulation

3.3    Landscaping, Street Trees, Fences and Walls

3.4    Vehicle and Bicycle Parking

3.5    Public Facilities Standards

3.6    Other Design Standards

3.7    Floodplain Standards

The provisions Chapter 2 and Chapter 3 apply to permits and approvals granted under this Code. Table 3.1.120 provides a list of the design standards that typically apply to each type of permit or land use approval.

Table 3.1.120
Applicability of Design Standards to Permits and Land Use Approvals

*    The applicant may be required to comply with the design standards of other agencies, such as a road authority or natural resource regulatory agency. The City’s failure to notify the applicant of any requirement or procedure of another agency shall not invalidate a permit or other decision made by the City under this Code.

Chapter 3.2 contains standards for vehicular and pedestrian access, circulation, and connectivity. The standards promote safe, reasonably direct, and convenient options for walking and bicycling, while accommodating vehicle access to individual properties, as needed.

Chapter 3.2 applies to all new development and to any change in land use which necessitates a new or modified access to a public street, including a street, driveway, sidewalk or pathway connection.

A.    Access Permit Required. An access permit and/or approach permit is required from the affected roadway authority (City of Halsey, Linn County Roads Department or Oregon Department of Transportation) prior to development. The applicant/property owner is responsible for obtaining the required permit(s).

1.    City of Halsey – Local Streets. A permit for access to a City street shall be subject to review and approval by the City Administrator based on the standards contained in this Chapter, and the provisions of Chapter 3.5.110 - Transportation Standards. An access permit may be in the form of a letter to the applicant, or it may be attached to a building permit approval or land use decision notice as a condition of approval.

2.    Linn County – Collector Streets. A permit for access to a Linn County street shall be subject to review and approval by the Linn County Roads Department.¹

3.    ODOT – Arterial Highway. A permit for access to a state highway shall be subject to review and approval by Oregon Department of Transportation (ODOT).²

B.    Traffic Study Requirements. The City or roadway authority may require a Traffic Impact Analysis (TIA) or a Traffic Assessment Letter (TAL) prepared by a qualified traffic engineering professional to determine access, circulation and other transportation system requirements to serve the development. A TIA or TAL may be required if the project meets the threshold standards in Section 3.5.110.B – Transportation Standards.

If either Linn County or ODOT has access jurisdiction, the roadway authority requirements and regulations for the TIA or TAL shall apply.

C.    Access Permit Restrictions or Conditions of Approval. The City or roadway authority may require any of the following as a condition of granting an access permit to ensure the safe and efficient operation of the street and highway system.

1.    Dedication of additional right-of-way.

2.    Construction of street frontage and access improvements.

3.    Relocation or closure of an existing driveway, curb cut or approach.

4.    Consolidation of an existing driveway with another driveway or curb cut.

5.    Shared driveway with an adjacent property, including the recording of a reciprocal access easements) and/maintenance agreement(s) for the shared driveway.

6.    Installation of traffic control devices or measures (i.e. traffic signal, signs, one-way ingress or egress, turn lane, right-turn only, etc.).

7.    Other conditions to ensure compliance with the roadway authority’s access management regulations.

The access permit shall be approved by the roadway authority and a copy of the approved permit filed with the City of Halsey prior to the issuance of any building permit(s) or ROW permits for construction within the public right-of-way.

D.    Access Options.

1.    Access to Lowest Classification Street. Access shall be taken from the lowest classification street in order to minimize the number of approaches on collector or arterial streets.

2.    Access Options. When vehicle access is required for a development (i.e., for off-street parking, delivery, service, drive-through facilities, etc.), driveway access shall be provided by one of the following methods.

a.    Option 1 – Public Street. Access is directly from a public street.

b.    Option 2 – Alley. Access is from an existing or proposed public alley.

c.    Option 3 – Private Street or Shared Driveway. Access is from shared driveway or a private street with a direct access to a public street. The “shared driveway” or “private street” shall serve two or more properties. A public access easement shall be recorded to assure access to the public street for all users of the shared driveway.

3.    Multiple Frontage Lots. When a lot has frontage onto two or more streets, access shall be provided first from the street with the lowest classification, as required by Section 3.2.120.D. For example, access shall be provided from a local street before a collector or arterial street. The roadway authority may prohibit access to a higher classification street.

E.    Access Spacing. Driveway accesses shall be separated from other driveways and street intersections in accordance with the following standards and procedures:

1.    Access Spacing on Arterial and Collector Streets. Access spacing on collector and arterial streets shall be determined by the road authority.

a.    Access to ODOT Roadways: Access to Highway 99 and Hwy 228 shall be subject to the applicable ODOT access management standards and policies. [OAR 734-051]

b.    Access to Linn County Roads: Access to American Drive and “O” Street shall be subject to the applicable Linn County Roads Department access management standards and policies.

2.    Access Spacing on City of Halsey Local Streets. A driveway on a local street shall be located to provide the following minimum separation, as shown in Table 3.2.120.E:

a.    15’ separation from one driveway to another driveway (measured from the sides of the driveways).

b.    30’ separation from the side of a driveway to a street intersection (ROW line) with a local street.

c.    50’ separation from the side of a driveway to a street intersection (ROW line) with a collector or arterial street.

d.    At a controlled intersection with a four-way stop or traffic signal the minimum separation shall be determined by the City Engineer or road authority:

(1)    A driveway shall be located as far from the intersection as possible.

(2)    A minimum 50’ separation shall be provided from the side of the driveway to a street intersection (ROW line).

(3)    A >50’ separation from the driveway to a street intersection (ROW line) when the intersection is a local street with a collector or arterial street. The increased separation may be required by the City Engineer, Linn County or ODOT to promote street operations and safety, or if a larger separation is recommended by an independent traffic engineering professional in a Traffic Impact Analysis or Traffic Assessment.

Distance is measured from the property line corner at the intersection to the edge of the driveway approach.

Table 3.2.120.E – Minimum Driveway Access Spacing on Local Streets

5.    Exceptions to Access Spacing Standards on City Streets.

a.    The City Administrator may approve an exception to the access spacing standards where an existing access to a local street does not meet the access spacing standards and the proposed development moves in the direction of code compliance.

b.    The City Administrator, after consultation with the City Engineer, may also approve a deviation to the spacing standards on a local street where the City Administrator finds that mitigation measures, such as consolidated access (removal of one access), joint use/shared driveways (more than one property uses same access), directional limitations (e.g., one-way), turning restrictions (e.g., right-in/right-out only), or other mitigation alleviate traffic operational and/or safety concerns.

F.    Number of Access Points (# of Driveways).

No more than one access point or driveway approach shall be permitted per lot, except as provided for in this section.

1.    SFR and Duplex. For single-family (detached and attached) and two-family (duplex) housing one street access point is permitted per lot.

a.    Corner Lots. Two access points may be permitted for a duplex on a corner lot (i.e., no more than one access per street), subject to compliance with the access spacing standards in Section 3.2.120.E above.

b.    RV Parking / Storage Area. For a single-family dwelling in a residential district, a second access may be permitted for a detached garage or recreational vehicle storage area in compliance with the access spacing standards in Section 3.2.120.E above.

2.    Access for Tri-Plex, Multi-Family and Non-Residential Uses. The number of street access points for a tri-plex, multiple family, commercial, industrial, and public/institutional developments shall be minimized to protect the function, safety and operation of the street(s) and sidewalk(s) for all users. The number and location of the accesses will be reviewed and approved as part of Site Development Review or similar Type III land use procedure. Shared access may be required in order to comply with the access spacing requirements and minimize the number of access points.

G.    Shared (Joint Use) Driveways and Private Streets. The City may require the use of a shared driveway as a condition of land division or site design review, as applicable, for traffic safety and access management purposes. The number of driveway and private street intersections with public streets shall be minimized by the use of shared driveways with adjoining lots.

H.    Shared Driveway or Private Street Access Easement and Maintenance Agreement.

a.    Where the City approves a shared driveway or private street, the property owners shall record an access easement in the Linn County Deed Records allowing joint use of and cross access between adjacent properties. If the shared driveway is required as a condition of approval for a land division, the joint access easement shall be shown on the final plat, in lieu of a separate easement document.

b.    The owners of the properties with a shared driveway or private street shall record a joint use maintenance agreement in the Linn County Deed Records, defining the maintenance responsibilities of the property owners. The applicant shall provide a fully executed copy of the agreement to the City for its records, but the City is not responsible for maintaining the driveway or resolving any dispute between property owners.

I.    Street Connectivity and Formation of Blocks Required. In order to promote efficient vehicular and pedestrian circulation throughout the city, land divisions and large site developments shall provide blocks bounded by a connecting network of public and/or private streets, in accordance with the following standards:

1.    Block Length and Perimeter. The maximum block length and perimeter shall not exceed:

a.    600 feet length and 1,600 feet perimeter in the Residential District;

b.    400 feet length and 1,300 feet perimeter in the Commercial District as provided by Chapter 2.3, Section 2.3.140 - Block Layout and Building Orientation;

c.    Block length and standards are not applicable to the Industrial District.

2.    Street Standards. Public and private streets shall also conform to Chapter 3.5.110 - Transportation Standards, Chapter 3.2, Section 3.2.130 - Pedestrian Access and Circulation, and applicable Americans with Disabilities Act (ADA) design standards.

3.    Exceptions. Exceptions to the above standards may be granted by the Planning Commission when the existing street configuration, railroad tracks or natural feature limit the ability to comply with the block length standards. For any block exceeding 600’ in length, the City may require a public access easement and construction of a mid-block pedestrian pathways in conformance with the provisions of Chapter 3.2, Section 3.2.130. Pathways shall be located to minimize out-of-direction travel by pedestrians and may be designed to accommodate bicycles.

J.    Driveway Openings. Driveway openings, or curb cuts, shall be the minimum width necessary to provide the required number of vehicle travel lanes (10 feet for each travel lane). The minimum and maximum driveway widths for each type of use are shown in Table 3.2.120.J Width of the driveway is measured at the property line.

Table 3.2.120.J – Minimum & Maximum Driveway Width

•    See Section 3.2.120.O - Driveway Construction. A paved driveway approach is required for a single-family dwelling unless waived by the Planning Commission. If paved, the pavement shall extend at least 10’ beyond the property line to prevent gravel and mud from being tracked into the street.

•    AC – Asphalt PCC – Portland Concrete Cement

Driveway width may be increased if the City Engineer determines more than two lanes are required based on the number of trips generated, the need for wider parking lot aisles or to add turn lanes. Driveways providing direct access to parking spaces shall conform to the parking area standards in Chapter 3.4 – Vehicle and Bicycle Parking.

K.    Emergency Access and Parking Area Turn-arounds. An emergency or fire equipment access drive shall be provided in compliance with the Uniform Fire Code for any portion of an exterior wall of the first story of a building that is located more than 150 feet from an existing public street or approved fire equipment access drive. Parking areas shall provide adequate aisles or turn-around areas for service and delivery vehicles so that all vehicles may enter the street in a forward manner.

L.    Vertical Clearances. Driveways, private streets, aisles, turn-around areas and ramps shall have a minimum vertical clearance of 13’-6“ for the entire length and width.

M.    Vision Clearance. No signs, structures, solid fence or vegetation in excess of three feet in height shall be placed in “vision clearance areas”, as shown below. Placement of light poles, utility poles and tree trunks should be avoided with the clear vision area. The minimum vision clearance area may be increased by the City Engineer upon finding that more sight distance is required (i.e., due to traffic speeds, roadway alignment, or for any other safety consideration)

Figure 3.2.120.M – Vision Clearance Areas

N.    Driveway Design.

Driveway design shall comply with the City of Halsey Public Works Design Standards and the following:

1.    Driveways shall accommodate all projected vehicular traffic on-site without vehicles stacking or backing up onto a street.

2.    Driveways shall be designed so that vehicle areas, including, but not limited to, drive-up and drive-through facilities and vehicle storage and service areas, do not obstruct any public right-of-way.

3.    Approaches and driveways shall not be wider than necessary to safely accommodate projected peak hour trips and turning movements and shall be designed to minimize crossing distances for pedestrians.

4.    Driveway approaches and driveways shall be designed to accommodate truck/trailer-turning movements. [e.g. multi-family housing and non-residential uses].

5.    Construction of approaches along acceleration or deceleration lanes, and along tapered (reduced width) portions of a roadway, shall be prohibited; except where no reasonable alternative exists and the approach does not create safety or traffic operations concern.

6.    Flag lot driveways shall also comply with Uniform Fire Code requirements.

O.    Driveway Construction. Driveway design and construction shall comply with the City of Halsey Public Works Design Standards. The following standards shall apply to all driveways and driveway aprons.

1.    Driveway Surfaces.

a.    Paving Required. Driveways, private streets, parking areas, aisles, and turn-arounds shall be paved with asphalt, PCC concrete or comparable surfacing. If approved by the City Engineer, a durable pervious pavement material may be used to reduce surface water runoff and protect water quality.

b.    Driveway Aprons. Driveway aprons shall be installed from the edge of the street pavement to the property line.

(1)    Curbed Streets: Driveway aprons on curbed streets shall be PCC concrete and comply with ADA standards.

(2)    Turnpike Streets: Driveway approaches and aprons on turnpike streets shall be paved with either asphalt or concrete.

Figure 3.2.120.O
Examples of Acceptable Driveway Openings Next to Sidewalks/Pathways

2.    Exceptions to Paving Requirement for Single Family Dwellings: The City Administrator may waive the requirement to pave the full-length of a driveway for a new single-family dwelling if the driveway is longer than 30’ long and the street frontage does not have a curb.

If a waiver is granted, the driveway approach and the driveway shall be paved with asphalt or concrete for a distance of at least 10 feet behind the property line to prevent tracking of gravel onto the sidewalk and/or public right-of-way.

3.    Surface Water Management. When a paved surface is used, all driveways, parking areas, aisles and turn-arounds shall have on-site collection or infiltration of surface waters to eliminate sheet flow of such waters onto public rights-of-way and abutting property. Surface water facilities shall be constructed in conformance with the applicable public works design standards.

4.    Storm Drainage Culvert Installation. Where a driveway crosses a culvert or drainage ditch, the developer shall install a culvert extending under and beyond the edges of the driveway on both sides of it, in conformance with the applicable public works design standards.

A.    Purpose and Intent. Section 3.2.130 serves as the pedestrian access and circulation policy of the City of Halsey. The City’s policy is to require new developments to provide for safe, direct and convenient pedestrian access and circulation.

B.    Pedestrian Access and Circulation.

1.    Sidewalks Required. At the time of development, sidewalks shall be installed along the property frontage of the street.

a.    Curbed Streets. Property line sidewalks shall be installed on a curbed street, unless the City approves a curb-line sidewalk to fit the existing development pattern.

b.    Turnpike Streets. Property line sidewalks shall be installed on turnpike style streets, unless a waiver is granted by the City Administrator and the property owner executes a non-remonstrance agreement in conformance with Chapter 3.5, Section 3.5.110.C.

2.    Pedestrian Walks and/or Multi-Use Pathways. All developments, except single family detached housing (i.e., on individual lots), shall provide continuous pedestrian walks and/or multi-use (pedestrian & bicycle) pathway system for pedestrian access and circulation.

The system of pathways shall conform to the following standards:

a.    Continuous Pathways. A pedestrian pathway system shall extend throughout the development site and connect to adjacent sidewalks and be designed to extend to all future phases of the development, future streets and/or adjacent undeveloped properties.

b.    Safe, Direct, and Convenient Pathways. Pathways within developments shall provide safe, reasonably direct and convenient connections between primary building entrances and all adjacent parking areas, parks, open space areas and public rights-of-way, conforming to the following definitions:

(1)    Reasonably direct. The route is reasonably direct. It does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out-of-direction travel.

(2)    Safe and convenient. The route is designed for pedestrian safety and convenience. The route is reasonably free from hazards and provide a smooth consistent surface, safety lighting and a direct route of travel between destinations.

c.    Connections within Development. For multi-family residential, commercial, industrial, mixed use, public, and institutional buildings and any development subject to Site Design Review, sidewalks/pathways shall connect to all primary building entrances, parking areas, storage areas, recreational facilities and common areas and comply with the Americans with Disabilities Act (ADA).

Figure 3.2.130.A – Pedestrian Sidewalks for Multifamily Development

3.    Street Connectivity.

a.    Pathways shall connect to sidewalks in adjacent streets and public rights-of-way.

(1)    A mid-block pedestrian sidewalk will be provided for any full-block development with a block exceeding 300’ length and serving a commercial development or multi-family development with more than 10 dwelling units, as shown in Figure 3.2.130.A.

(2)    A multi-use pathway will be provided from the end of a cul-de-sac bulb or dead-end street to another cul-de-sac, another street and/or to another development.

b.    Multi-use pathways that provide street connectivity shall conform to all of the following criteria:

(1)    Multi-use pathways within the development site (i.e., for pedestrians and bicyclists) are no less than 8 feet wide and located within a 15 to 20-foot right-of-way or easement that allows access for emergency vehicles. The Planning Commission shall determine the width of the right-of-way or easement width.

(2)    Multi-use pathways to/from parks or connecting two streets or cul-de-sac bulbs are no less than 8 feet wide and located within a 20 to 30-foot wide right-of-way or easement that allows access for emergency vehicles. The Planning Commission shall determine the width of the right-of-way or easement width.

(3)    The easement or right-of-way adjacent to the pathway will have landscaping and screening for the privacy of adjoining properties and pathway lighting. Landscaping and lighting shall be designed to promote visibility and safety for path users and residents.

Figure 3.2.130.B – Pathway Standards

c.    The Planning Commission may determine, based upon facts in the record, that a pathway is impracticable due to:

(1)    physical or topographic conditions (e.g., railroad, sensitive lands, and similar physical constraints); or

(2)    buildings or other existing development on adjacent properties that physically prevent a connection now or in the future, considering the potential for redevelopment; or

(3)    sites where the provisions of recorded leases, easements, covenants, restrictions, or other recorded agreements prohibit the pathway connection.

C.    Design and Construction. Pathways shall conform to all of the standards below:

1.    Vehicle/Pathway Separation. Where pathways are parallel and adjacent to a driveway or street (public or private), they shall be raised 6 inches and curbed, or separated from the driveway/street by a 5-foot minimum strip with bollards, a landscape berm, or other physical barrier. If a raised path is used, the ends of the raised portions must be equipped with curb ramps.

2.    Housing/Pathway Separation. Pedestrian pathways shall be separated a minimum of 5 feet from all residential living areas on the ground-floor, except at building entrances. Separation is measured from the pathway edge to the closest dwelling unit. The separation area shall be landscaped in conformance with the provisions of Chapter 3.3 - Landscaping. No pathway/building separation is required for commercial, industrial, public, or institutional uses.

3.    Crosswalks. Where pathways cross a parking area, driveway, or street (“crosswalk”), they shall be clearly marked with contrasting paving materials, colored concrete, humps/raised crossings, or painted striping. An example of contrasting paving material is the use of a concrete crosswalk through an asphalt driveway. If painted striping is used, it shall consist of thermo-plastic striping or similar type of durable application.

4.    Pathway Width and Surface. Pedestrian pathway surfaces shall be at least five feet wide. Multi-use pathways (i.e., for bicycles and pedestrians) shall be at least 8 feet wide. Pathways shall be designed and constructed in compliance with the City of Halsey Public Works Design Standards or other design standards approved by the City Engineer. All pathways shall be constructed of concrete, asphalt, brick/masonry pavers, or other durable surface. (See also, pathway design standards in Table 3.5.110.H and Figure 3.5.110.H (7).)

5.    ADA Standards. All pathways shall comply with the Americans with Disabilities Act, which requires accessible routes of travel.

    Linn County Roads: “O” Street/Crook Drive and American Drive (west of Hwy 99E)

    ODOT Roads: Albany-Junction City Hwy 058 (Hwy 99E) and Halsey-Sweet Home Hwy 212 (Hwy 228)

Chapter 3.3 contains standards for landscaping, street trees, fences and walls. Together, these elements of the natural and built environment contribute to the visual quality, environmental health and character of the community.

Landscaping and trees provide climate control through shading during summer months and wind screening during winter. Trees and other plants can also buffer pedestrians from traffic. Walls, fences, trees and other landscape materials also provide screening and buffering between land uses. Landscaped areas help to control surface water drainage and can improve water quality, as compared to paved or built surfaces.

The provisions Chapter 3.3 apply to permits and approvals granted under this Code. Table 3.3.110 provides a list of the landscaping standards that typically apply to each type of permit or land use approval.

Table 3.3.110
Applicability of Landscaping Standards to Permits and Land Use Approvals

*     Significant Vegetation is identified during the Site Development Review process. Significant vegetation or heritage trees to be protected will be shown on a Site Development Plan approved by the City of Halsey.

Landscape conservation prevents the indiscriminate removal of significant trees, including those located along streams, near wetlands, and adjacent to property lines.

A.    Applicability. All development sites, 1.0-acre in size or larger, containing Significant Vegetation, as defined below, shall comply with the standards of this section. The purpose of this section is to incorporate significant vegetation into the landscapes of development. The use of mature vegetation within developments is a preferred alternative to removal of vegetation and re-planting. Mature landscaping provides summer shade and wind breaks and allows for water conservation due to larger plants having established root systems.

B.    Significant Vegetation. “Significant vegetation” means:

1.    Significant Trees. Individual, healthy trees with a trunk diameter of twelve (12) inches or greater, as measured 4 feet above the ground (diameter at 4 feet above grade, or “DBH”). Certain trees may be deemed “Heritage Trees” when nominated by the property owner and designated by the City Council, by virtue of size, rarity, historical significance, etc.

2.    Stands of Trees. Groups of 3 or more trees that form a stand, usually with intertwining roots or canopies. At least one of trees must be 8 inches or greater in diameter.

3.    Exception: Protection shall not be required for plants listed as non-native, invasive plants by the Oregon State University Extension Service in the applicable OSU bulletins for Linn County.

C.    Mapping and Protection Required. Significant vegetation shall be shown on a site plan as required by Chapter 4.3 - Site Design Review. Significant trees shall be mapped individually and identified by species and size (“DBH”). A “protection” area shall be defined around the edge of all branches (drip-line) of each tree. The City also may require an inventory, survey, or assessment prepared by a qualified professional when necessary to determine vegetation boundaries, building setbacks, and other protection or mitigation requirements.

D.    Protection Standards. All of the following protection standards shall apply to significant vegetation areas:

1.    Protection of Significant Trees. Significant trees identified as meeting the criteria in Section 3.3.120.B.1 shall be retained whenever practicable. Preservation may become impracticable when it would prevent reasonable development of public streets, utilities, or land uses permitted by the applicable land use district.

2.    Stands of Trees. Groups of trees meeting the criteria in Section 3.3.120.B.2 shall be retained whenever practicable. Preservation may become impracticable when it would prevent reasonable development of public streets, utilities, or land uses permitted by the applicable land use district.

3.    Conservation Easements and Dedications. The City may require dedication of land or recordation of a conservation easement to protect groves of significant trees.

E.    Construction. All areas of significant vegetation shall be protected prior to, during, and after construction. Grading and operation of vehicles and heavy equipment is prohibited within significant vegetation areas, except as approved by the City for installation of utilities or streets. Such approval shall only be granted after finding that there is no other reasonable alternative to avoid the protected area, and adequate mitigation is provided.

F.    Exemptions. The protection standards in Section 3.3.120.D shall not apply in the following situations:

1.    Dead, Diseased, and/or Hazardous Vegetation. Vegetation that is dead or diseased, or poses a hazard to personal safety, property or the health of other trees, may be removed. Prior to tree removal, the applicant shall provide a report from a certified arborist or other qualified professional to determine whether the subject tree is diseased or poses a hazard, and any possible treatment to avoid removal, except as provided by subsection 2, below.

2.    Emergencies. Significant vegetation may be removed in the event of an emergency without land use approval, when the vegetation poses an immediate threat to life or safety, as determined by City staff. Staff shall prepare a notice or letter of decision within 7 days of the tree(s) being removed. The decision letter or notice shall explain the nature of the emergency and be on file and available for public review at City Hall.

This section includes standards for landscaping for any new development in the City including buffering for parking areas, and between different land use districts.

A.    Applicability. This section applies to all developments requiring Development Review, Site Design Review, a Building Permit, and any other development with required landscaping.

B.    Minimum Landscape Area Standards. All portions of a lot not otherwise developed with buildings, accessory structures, hardscape, vehicle maneuvering areas, or parking shall be landscaped. The minimum percentage of required landscaping equals:

1.    Residential District: 25 percent of the site.

2.    Commercial District: 10 percent of the site

3.    Commercial – Main Street Subdistrict: 5 percent of the site or an equivalent combination of on-site landscaping, street trees and streetscape improvements in front of the building.

4.    Industrial District: 10 percent of the site.

C.    Landscaping Required for Front Yard of a new detached Single-family Dwelling or Duplex. The property owner shall install landscaping, including but not limited to lawn, ground cover, shrubs, trees and/or hardscape in or other landscape materials, in the front yard of any new detached single-family dwelling, manufactured home on an individual lot, or duplex within six (6) months of the date of the final inspection or issuance of a certificate of occupancy, whichever comes first. No landscaping plan is required.

D.    Landscaping Plan Required. A landscape plan is required for all uses except a detached single-family dwelling, MH on individual lot or a duplex. All landscape plans shall conform to the requirements in Chapter 4.3, Section 4.3.140.B.5 (Landscape Plan).

E.    Landscape Materials. Landscape materials include trees, shrubs, ground cover plants, non-plant ground covers, and outdoor hardscape features, as described below:

1.    Natural Vegetation. Natural vegetation shall be preserved or planted where practicable.

2.    Plant Selection. A combination of deciduous and evergreen trees, shrubs and ground covers shall be used for all planted areas, the selection of which shall be based on local climate, exposure, water availability, and drainage conditions. As necessary, soils shall be amended to allow for healthy plant growth.

3.    “Non-native, invasive” plants shall be prohibited.

4.    Hardscape features (i.e., patios, decks, plazas.) may cover up to 15 percent of the required landscape area; except in the Main Street Commercial Subdistrict where hardscape features may cover up to 25 percent of the landscape area. Swimming pools, sports courts and similar active recreation facilities may not be counted toward fulfilling the landscape requirement.

5.    Non-plant Ground Covers. Bark dust, chips, aggregate or other non-plant ground covers may be used but shall cover no more than 25 percent of the area to be landscaped. “Coverage” is measured based on the size of plants at maturity or after 2 years of growth, whichever comes sooner.

6.    Tree Size. Trees shall have a minimum caliper size of 1.5 inches or be 6 feet or taller, at time of planting. Street trees shall have a minimum caliper size of 2.0 inches.

7.    Shrub Size. Shrubs shall be planted from five-gallon containers, minimum, where they are for required screens or buffers, and two-gallon containers minimum elsewhere.

8.    Ground Cover Size. Ground cover plants shall be sized and spaced so that they grow together to cover a minimum of 75 percent of the underlying soil within 2 years.

9.    Significant Vegetation. Significant vegetation preserved in accordance with Section 3.3.120 may be credited toward meeting the minimum landscape area standards. Credit shall be granted on a per square foot basis. The Street Tree standards in Section 3.3.140 may be waived when trees preserved within the front yard provide the same or better shading and visual quality as would otherwise be provided by street trees.

10.    Storm Water Facilities. Storm water facilities (i.e., detention/retention ponds and swales) shall be landscaped with water tolerant, native plants and grasses.

F.    Landscape Design Standards. All yards, parking lots, planter area/parking strips between the property line and curb/street pavement shall be landscaped in accordance with the provisions of Section 3.3.120 through Section 3.3.160. Landscaping shall be installed with development to provide erosion control, visual interest, buffering, privacy, open space and pathway identification, shading and wind buffering, based on the following standards:

1.    Yard Setback Landscaping. Landscaping shall satisfy the following criteria:

a.    Provide visual screening and privacy within side and rear yards; while leaving front yards and building entrances mostly visible for security purposes;

b.    Use shrubs and trees as wind breaks, as appropriate;

c.    Retain natural vegetation, as practicable;

d.    Define pedestrian pathways and open space areas with landscape materials;

e.    Provide focal points within a development, such as signature trees (i.e., large or unique trees), hedges and flowering plants;

f.    Use trees to provide summer shading within common open space areas, and within front yards when street trees cannot be provided;

g.    Use a combination of plants for year-long color and interest;

h.    Use landscaping to screen outdoor storage and mechanical equipment areas, and to enhance graded areas such as berms, swales and detention/retention ponds.

Figure 3.3.130.F – Landscape Areas in a Multiple Family Development

2.    Parking areas. A minimum of 5 percent of the combined area of all parking areas, as measured around the perimeter of all parking spaces and maneuvering areas, shall be landscaped. Such landscaping shall consist of an evenly distributed mix of shade trees with shrubs and/or ground cover plants. “Evenly distributed” means that the trees and other plants are distributed around the parking lot perimeter and between parking bays to provide a partial canopy. At a minimum, one tree per 5 parking spaces total shall be planted to create a partial tree canopy over and around the parking area. All parking areas with more than 20 spaces shall include landscape islands with trees to break up the parking area into rows of not more than 12 contiguous parking spaces. All landscaped areas shall have minimum dimensions of 4 feet by 4 feet to ensure adequate soil, water, and space for healthy plant growth.

3.    Buffering and Screening Required. Buffering and screening are required under the following conditions:

a.    Parking/Maneuvering Area Adjacent to Streets and Drives. Where a parking or maneuvering area is adjacent and parallel to a street or driveway, a decorative wall (masonry or similar quality material), arcade, trellis, evergreen hedge, or similar screen shall be established parallel to the street or driveway. The required wall or screening shall provide breaks, as necessary, to allow for access to the site and sidewalk by pedestrians via pathways. The design of the wall or screening shall also allow for visual surveillance of the site for security. Evergreen hedges used to comply with this standard shall be a minimum of 36 inches in height at maturity, and shall be of such species, number and spacing to provide the required screening within one year after planting. Any areas between the wall/hedge and the street/driveway line shall be landscaped with plants or other ground cover. All walls shall be maintained in good condition, or otherwise replaced by the owner.

b.    Parking/Maneuvering Area Adjacent to Building. Where a parking or maneuvering area, or driveway, is adjacent to a building, the parking or maneuvering area shall be separated from the building by a raised pathway, plaza, or landscaped buffer no less than 5 feet in width. Raised curbs, bollards, wheel stops, or other design features shall be used to protect buildings from being damaged by vehicles. When parking areas are located adjacent to residential ground-floor living space, a landscape buffer is required to fulfill this requirement.

4.    Screening of Mechanical Equipment, Outdoor Storage, Service and Delivery Areas, and Automobile-Oriented Uses. Except for uses outside of the Main Street District that provide on-site outdoor display and sales of automobiles or automobile related goods where storage is provided for public display all mechanical equipment, outdoor storage and manufacturing, and service and delivery areas, shall be screened from view from all public streets and Residential districts. Screening shall be provided by one or more the following: decorative wall (i.e., masonry or similar quality material), evergreen hedge, non-see through fence, or a similar feature that provides a non-see through barrier. Walls, fences, and hedges shall comply with the vision clearance requirements and provide for pedestrian circulation, in accordance with Chapter 3.2 - Access and Circulation. (See Section 3.3.150 for standards related to fences and walls.)

G.    Landscaping Adjacent to Street for Developments with a Fence or Wall Adjacent to a Street. A landscape buffer, not less than 5’ wide, is required in a front yard or street-side yard between the property line and any wall or fence that exceeds 4’ in height. The landscape buffer shall include trees, shrubs and ground cover. Maintenance shall be assured by a homeowner’s association or other legal entity. The fence shall conform to the requirements in Chapter 3.3, Section 3.3.150.

H.    Landscaping for Double Frontage Lots. If a double-frontage lot is permitted and the rear yard abuts a collector or arterial street, a landscape buffer, not less than 10’ wide, shall be provided between the back-yard fence/wall and the rear property line. The landscape buffer shall include trees, shrubs and ground cover.

I.    Maintenance and Irrigation. The use of drought-tolerant plant species is encouraged and may be required when irrigation is not available. Irrigation shall be provided for plants that are not drought- tolerant. If the plantings fail to survive, the property owner shall replace them with an equivalent specimen (i.e., evergreen shrub replaces evergreen shrub, deciduous tree replaces deciduous tree, etc.). All other landscape features required by this Code shall be maintained in good condition, or otherwise replaced by the owner.

J.    Additional Requirements. Additional buffering and screening may be required for specific land uses, as identified by Chapter 2, and the City may require additional landscaping through the Conditional Use Permit process (Chapter 4.5).

Street trees contribute to an attractive, walkable neighborhood. They provide shade in summer, a windbreak in winter, and a buffer between pedestrians and vehicles. Street trees shall be planted for all developments that are subject to Land Division or Site Design Review. Requirements for street tree planting strips are provided in Chapter 3.5.110 - Transportation Standards. Street trees shall conform to the following standards and guidelines:

A.    Growth Characteristics. Trees shall be selected based on growth characteristics and site conditions, including available space, overhead clearance, soil conditions, exposure, and desired color and appearance. The following should guide tree selection:

1.    Provide a broad canopy where shade is desired.

2.    Use low-growing trees for spaces under utility wires.

3.    Select trees that can be “limbed-up” where vision clearance is a concern.

4.    Use narrow or “columnar” trees where awnings or other building features limit growth, or where greater visibility is desired between buildings and the street.

5.    Use species with similar growth characteristics on the same block for design continuity.

6.    Avoid using trees that are susceptible to insect damage and avoid using trees that produce excessive seeds or fruit.

7.    Select trees that are well-adapted to the environment, including soil, wind, sun exposure, and exhaust. Drought-resistant trees should be used in areas with sandy or rocky soil.

8.    Select trees for their seasonal color, as desired.

9.    Use deciduous trees for summer shade and winter sun.

Although not limited to this list, the following trees are recommended because they do well under power lines and will not damage sidewalks (from City of Albany Urban Forester’s office):

Large shade trees: Elm, Purple Beech, Scarlet Oak, London Plane, and Little-leaf Linden.

Medium shade trees: Black Gum, Gingko, Cimarron Ash, Zelkova, and Eastern Hop Hornbeam.

Small ornamental trees: Japanese Snowbell, Golden Desert Ash, Paperbark Maple, Kwanzan Cherry, and Adirondack Crabapple.

Columnar trees: Hornbeam, Chanticleer Pear, Skyrocket Oak, Bowhall Maple, and Fastigiated Beech.

B.    Caliper Size. The minimum caliper size at planting shall be 2-inches, based on the American Association of Nurserymen Standards.

C.    Spacing and Location. Street trees shall be planted within existing and proposed planting strips, and in sidewalk tree wells on streets without planting strips. Street tree spacing shall be based upon the type of tree(s) selected and the canopy size at maturity. In general, trees shall be spaced no less than 30’ and no more than 50 feet apart, except where planting a tree would conflict with existing trees, utilities, driveway approaches and similar physical barriers or would obscure view in a clear vision area.

1.    Street trees shall be located a minimum of ten (10) feet from underground public utilities.

2.    Street trees shall be located a minimum of twenty (20) feet from street signs and traffic directional signs.

D.    Soil Preparation, Planting and Care. The developer shall be responsible for planting street trees, including soil preparation, ground cover material, staking, and temporary irrigation for two years after planting. The developer shall also be responsible for tree care (pruning, watering, fertilization, and replacement as necessary) during the first two years after planting. Trees planted in tree wells within sidewalks or other paved areas shall be installed with root barriers, consistent with applicable nursery standards.

E.    Maintenance. All street trees within the public right-of-way are the continuing maintenance obligation of the property owner and shall be maintained in good condition, or otherwise replaced by the property owner.

This section sets standards for fences and walls, including maximum allowable height and materials, to promote security, personal safety, privacy, and aesthetics.

A.    General Requirements. All fences and walls that are not a part of a building, including modifications to existing fences and walls, shall comply with the standards of this section. The City may require installation of walls and/or fences as a condition of development approval, in accordance with Chapter 4.5 - Conditional Use Permits or Chapter 4.3 - Site Design Review.

B.    Fence Height and Dimensions.

1.    The maximum allowable height of fences and walls is 6 feet, as measured from the lowest grade at the base of the wall or fence.

2.    The height of fences and walls within a front yard setback shall not exceed 4 feet (except decorative arbors, gates, etc.), as measured from the grade closest to the street right-of-way. An incidental garden structure (e.g., arbor or gate) is allowed within a front yard provided it does not encroach into a required clear vision area.

3.    Walls and fences to be built for required buffers shall comply with Section 3.3.130.

4.    Fences and walls shall comply with the vision clearance standards of Section 3.2.120.M.

5.    Exceptions for Non-Residential Uses. In the Commercial District south of “H” Street and in the Industrial District, the following exceptions to fence height and materials standards are allowed:

a.    A fence or wall may be constructed to a maximum height of eight (8) feet where the fence or wall is setback behind the front or street side property line behind a ten (10) foot landscape buffer. The landscape buffer shall include a combination of trees, shrubs, ground cover or allowable non-plant material to provide a visual buffer on the outside of the fence facing the street. The landscape buffer shall provide for a seasonal variation in color and year-round interest.

b.    Barbed wire may be added to the top of a six-foot high fence.

6.    Other Limitations on Fences and Walls. Other provisions of this Code, or the requirements of the roadway authority, may limit allowable height of a fence or wall below the height limits of this section.

7.    Variance to Fence Height requirement. A Type C variance is required for any proposal to construct a fence taller than the fence height allowed in this section.

C.    Materials.

1.    Permitted Materials. Permitted fence and wall materials include weather-treated wood; untreated cedar and redwood; metal (e.g., chain link, wrought iron, and similar fences); bricks, stone, masonry block, formed-in-place concrete, or similar masonry; vinyl and composite (e.g., recycled) materials designed for use as fencing; and similar materials as determined by the City Planner.

2.    Prohibited Materials. Prohibited fence and wall materials include straw bales, tarps, barbed or razor wire (except in the Commercial District south of “H” Street and in the Industrial District); scrap lumber, pallets, untreated wood (except cedar or redwood), corrugated metal, sheet metal, scrap materials; dead, diseased, or dying plants; and materials similar to those listed herein. Electric fences are prohibited.

3.    Fence Materials Permitted in the Main Street Commercial Subdistrict. Fences and walls in the Main Street Commercial Subdistrict shall complement the historic nature of the area. No vinyl or chain link fences are allowed in the Main Street Commercial Subdistrict.

D.    Permitting. A land use permit is not required to install a fence of six feet or less in height, or a wall that is four feet or less in height. A building permit may be required for some fences and walls, pursuant to applicable building codes. The City may require installation of fencing, walls or screening as a condition of approval for some projects, pursuant to other code requirements.

E.    Maintenance. All fences and walls are the continuing maintenance obligation of the property owner and shall be maintained in good condition.

A.    Purpose. This section contains regulations requiring adequate levels of outdoor lighting while minimizing negative impacts of light pollution.

B.    Applicability. All outdoor lighting shall comply with the standards of this section.

C.    Standards.

1.    Light poles, except as required by a roadway authority or public safety agency, shall not exceed a height of [20] feet; except that pedestal- or bollard-style lighting is the preferred method illuminating walkways. This limitation does not apply to flag poles, utility poles, and streetlights.

2.    Where a light standard is placed over a sidewalk or walkway, a minimum vertical clearance of eight feet shall be maintained.

3.    Outdoor lighting levels shall be subject to review and approval through Site Design Review. As a guideline, lighting levels shall be no greater than necessary to provide for pedestrian safety, property or business identification, and crime prevention.

4.    Except as provided for up-lighting of flags and permitted building-mounted signs, all outdoor light fixtures shall be directed downward, and have full cutoff and full shielding to preserve views of the night sky and to minimize excessive light spillover onto adjacent properties.

5.    Lighting shall be installed where it will not obstruct public ways, driveways, or walkways.

6.    Walkway lighting shall have a minimum average illumination of not less than 0.2 foot-candles.

7.    Active building entrances shall have a minimum average illumination of not less than 2.0 foot-candles.

8.    Surfaces of signs shall have an illumination level of not more than 2.0 foot-candles.

9.    Parking lots and outdoor services areas, including quick vehicle service areas, shall have a minimum illumination of not less than 0.2 foot-candles, average illumination of approximately 0.8 foot-candles, and a uniformity ratio (maximum-to-minimum ratio) of not more than 20:1.

10.    Where illumination grid lighting plans cannot be reviewed or if fixtures do not provide photometrics and bulbs are under 2,000 lumens, use the following guidelines:

a.    Poles should be no greater in height than four times the distance to the property line.

b.    Maximum lumen levels should be based on fixture height.

11.    Where a light standard is placed within a walkway, an unobstructed pedestrian walkway of not less than 36 inches wide shall be maintained.

12.    Lighting subject to this section shall consist of materials approved for outdoor use and shall be installed according to the manufacturer’s specifications.

D.    Permitting. A land use permit is not required to install or replace outdoor lighting. The City may require installation of site lighting as a condition of approval for some projects, pursuant to other code requirements.

E.    Maintenance. For public health and safety, outdoor lighting shall be maintained in good condition, or otherwise replaced by the property owner.

F.    Lighting Nuisance. Outdoor lighting shall be directed so it does not create a traffic hazard on a public roadway or shine directly or glare into an adjacent property or use. The City may require the property owner to redirect the light or add shielding to eliminate the nuisance. The City may enforce this requirement under the City’s nuisance abatement ordinance.

A.    Completion of Landscaping. Landscaping shall be completed prior to the issuance of a Certificate of Occupancy. The City Administrator may grant a one-time extension of up to six months to allow for the completion of landscaping.

B.    Plant Survival and Replacement. Plants that do not survive for a period of at least one year from initial planting shall be replaced by the property owner, at the property owner’s expense.

C.    Maintenance. Plants and landscaping are the continuing maintenance obligation of the property owner and shall be continuously maintained by the property owner.

Chapter 3.4 provides vehicle and bicycle parking standards. The design of parking areas is critically important to the viability of commercial uses, pedestrian and driver safety, the efficient and safe operation of adjoining streets, and community image and livability. The parking requirements are intended to be flexible. The standards provide for the number of parking spaces and for the location, size, and design of parking areas to ensure such areas can be accessed safely and efficiently.

A.    Where Parking Regulations Apply. The regulations of this Chapter apply to all parking areas in all zones, at all times, whether parking is required by this Code or put in for the convenience of property owners or users.

B.    Occupancy. All required parking areas must be developed in accordance with the requirements of this Code prior to occupancy of any structure on the subject site. Where landscaping, screening or other improvements are required pursuant to this Code, all such improvements must be installed and approved by the City Administrator prior to occupancy.

C.    Calculations of Amounts of Required and Allowed Parking.

1.    When computing parking spaces based on floor area, the area used for storage, mechanical, equipment rooms or similar spaces are not counted.

2.    The number of parking spaces is computed based on the primary uses on the site except as stated in subsection 3, below. When there are two or more separate primary uses on a site, the minimum and maximum parking for the site is the sum of the required or allowed parking for the individual primary uses.

3.    When more than 20 percent of the floor area on a site is in an accessory use, the required or allowed parking is calculated separately for the accessory use. An example would be a 10,000 square foot building with a 7,000 square foot warehouse and a 3,000 square foot accessory retail area. The minimum and maximum parking would be computed separately for the retail and warehouse uses.

D.    Use of Required Parking Spaces. Except as otherwise provided by this section, required parking spaces must be available for residents, customers, or employees of the use. Fees may be charged for the use of required parking spaces. Required parking spaces may not be assigned in any way to a use on another site, except for shared parking pursuant to Section 3.4.120.C.

E.    Proximity of Parking to Use. Required parking spaces for residential uses must be located on the site of the use or on a parcel or tract owned in common by all the owners of the properties that will use the parking area. Required parking spaces for nonresidential uses must be located on the site of the use or in a parking area that has its closest pedestrian access point within 500 feet of the site.

F.    Improvement of Parking Areas. Motorized vehicle parking is allowed only on streets with an improved shoulder of sufficient width; within garages, carports, and other approved structures; and on driveways or parking lots that have been developed in conformance with this Code. For applicable design standards, see Chapter 2 requirements for block layout and building orientation, Chapter 3.2 Access and Circulation, Chapter 3.3 Landscaping and Screening, and Chapter 3.5 Public Facilities.

The minimum number of required off-street vehicle parking spaces shall be determined based on the standards in Table 3.4.120. There is no minimum number of off-street parking spaces required in the Main Street Commercial Subdistrict, however, the “maximum parking” standards of this Chapter apply.

A.    Minimum Standards

Table 3.4.120 – Vehicle Parking – Minimum Standards Option

B.    Credit for On-Street Parking. Within the Commercial District, the City may allow a credit for available on-street parking adjacent to the development. The amount of required off-street parking shall be reduced by one space for every on-street parking space adjacent to the development. On-street parking shall follow the established configuration of existing on-street parking, except that angled parking may be allowed for some streets, where permitted by City and the applicable roadway authority. The following constitutes an on-street parking space:

1.    Parallel parking, each 22 feet of uninterrupted curb;

2.    Diagonal, each with 9 feet of curb

3.    90-degree (perpendicular) parking, each with 9 feet of curb;

4.    Curb space must be connected to the lot which contains the use;

5.    Parking spaces that would not obstruct a required clear vision area, nor any other parking that violates any law or street standard; and

6.    On-street parking spaces credited for a specific use may not be used exclusively by that use but shall be available for general public use at all times.

C.    Parking Location and Shared Parking.

1.    Location. Vehicle parking is allowed only on approved parking shoulders (streets), within garages, carports and other structures, or on driveways or parking lots that have been developed in conformance with this Code. Specific locations for parking are indicated in Chapter 2 for some land uses. (See also, Chapter 3.2 - Access and Circulation).

2.    Off-site parking. Except for single family dwellings, the vehicle parking spaces required by this Chapter may be located on another parcel of land, provided the parcel is within 500 feet of the use it serves. The distance from the parking area to the use shall be measured from the nearest parking space to a building entrance following a sidewalk or other pedestrian route. The right to use the off-site parking must be evidenced by a recorded deed, lease, easement, or similar written instrument.

3.    Mixed uses. If more than one type of land use occupies a single structure or parcel of land, the total requirements for off-street automobile parking shall be the sum of the requirements for all uses, unless it can be shown that the peak parking demands are actually less (i.e., the uses operate on different days or at different times of the day). In that case, the total requirements shall be reduced accordingly.

4.    Shared parking. Required parking facilities for two or more uses, structures, or parcels of land may be satisfied by the same parking facilities used jointly, to the extent that the owners or operators show that the need for parking facilities does not materially overlap (i.e., uses primarily of a daytime versus nighttime nature), and provided that the right of joint use is evidenced by a recorded deed, lease, contract, or similar written instrument establishing the joint use.

5.    Availability of facilities. Owners of off-street parking facilities may post a sign indicating that all parking on the site is available only for residents, customers and/or employees, as applicable. Signs shall conform to the standards of Chapter 3.6, Section 3.6.100.

D.    Exceptions and/or Reductions: An applicant may propose a parking standard that is different than those listed in Table 3.4.120 for review and action by the City Planner through a Type II procedure or by the Planning Commission as part of a Type III procedure. The applicant’s proposal shall consist of a written request with an explanation why the parking space reduction is appropriate for the proposed use(s). The City may require a parking analysis prepared by a qualified professional. The parking analysis shall assess the average parking demand for existing and proposed uses on the site, proposed # of parking spaces and opportunities for shared parking. The City may approve the proposal or a partial reduction in the number of parking spaces, if it finds (1) the applicant will provide an adequate number of parking spaces to serve the proposed uses, (2) the proposal will not negatively impact on-street parking for other uses in the area and (3) the proposal will not create traffic circulations problems or safety hazards on adjacent streets.

E.    Maximum Number of Parking Spaces. The number of off-street parking spaces provided shall not exceed the required minimum number of spaces required by this Section by more than 25%. Spaces provided on-street do not apply towards the maximum number of allowable spaces. Parking spaces provided through “shared parking” also do not apply toward the maximum number.

F.    Parking Stall Standard Dimensions and Compact Car Parking. All off-street parking stalls shall conform to City standards for surfacing, storm water management and striping, and provide dimensions in accordance with the following Figure 3.4.120.F and Table 3.4.120.F.

Figure 3.4.120.F – Parking Stall Dimensions

Table 3.4.120.F
Minimum Parking Space and Aisle Dimensions Angle

    See also, Chapter 2 - Land Use District standards; Chapter 3.2 - Access and Circulation; Chapter 3.3 - Landscaping; Chapter 3.5 – Public Facilities.

G.    American with Disabilities Act (ADA) Parking Requirements. Parking shall comply with ADA requirements, including, but not limited to, the minimum number of spaces for automobiles, van-accessible spaces, location of spaces relative to building entrances, accessible routes between parking areas and building entrances, identification signs, lighting, and other design and construction requirements.

A.    Standards. Bicycle parking spaces shall be provided with a new development and where a change of use occurs. The minimum number of required bicycle spaces is provided in Table 3.4.130.A.

B.    Design.

1.    Bicycle parking shall consist of staple-design steel racks or other City-approved racks, lockers, or storage lids providing a safe and secure means of storing a bicycle.

2.    All spaces should be sheltered under an eave, overhang, or an independent structure, except those located in a public right-of-way or park.

3.    Bicycle parking should be conveniently located with respect to both the street right-of-way and at least one building entrance (e.g., no farther away than the closest parking space). It should be incorporated whenever possible into building design and coordinated with the design of street furniture when it is provided.

4.    Bicycle parking areas should be clearly marked and reserved for bicycle parking only.

Table 3.4.130.A
Minimum Required Bicycle Parking Spaces

C.    Hazards. Bicycle parking shall not impede or create a hazard to pedestrians or vehicles and shall be located so as to not conflict with the vision clearance standards of Chapter 3.2, Section 3.2.120.M.

D.    Lighting, Visibility and Security. Bicycle parking should be visible to cyclists from street sidewalks or building entrances, so that it provides sufficient security from theft and damage. Bicycle parking should be at least as well-lit as vehicle parking areas.

E.    Options for Storage. Bicycle parking requirements for long-term and employee parking can be met by providing a bicycle storage room, bicycle lockers, racks, or other secure storage space inside or outside of the building;

F.    Special Standards for Multi-Family Residential Uses and Main Street Commercial Subdistrict.

1.    Multi-Family Residences. Multi-family residential units, with 10 or more dwelling units, shall provide at least one sheltered bicycle parking space for each dwelling unit. Sheltered bicycle parking spaces may be located within a garage, storage shed, basement, utility room or similar area. In those instances, in which the residential complex has no garage or other easily accessible storage unit, the bicycle parking spaces may be sheltered from sun and precipitation under an eave, overhang, or an independent structure.

2.    Main Street Commercial Subdistrict. Within the Main Street Commercial Subdistrict, bicycle parking for customers should be provided along the street at a rate of at least one space per use. Individual uses may provide their own parking, or spaces may be clustered to serve up to six (6) bicycles. Bicycle parking spaces should be located in front of the stores along the street, either on the sidewalks or in specially constructed areas such as pedestrian curb extensions. Inverted "U" style racks are recommended. Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least 36 inches between bicycles and other existing and potential obstructions.

G.    Exemptions. This section does not apply to single-family and duplex housing, home occupations, and agricultural uses.

1.    Reduction in Number of Required Bicycle Parking Spaces. The City Planner may approve a reduction in the number of required bicycle parking spaces, if the applicant can demonstrate that the proposed use would be reasonably anticipated to generate a lesser need for bicycle parking.

2.    Exemption from Bicycle Parking Requirement. The City may exempt other uses upon finding that, due to the nature of the use or its location, it is unlikely to have any patrons or employees arriving by bicycle.

A.    Purpose. The standards of this Chapter implement the public facility policies of the City of Halsey Comprehensive Plan and adopted City public facility master plans.

B.    Applicability. Chapter 3.5 applies to all new development, including projects subject to Land Division (Subdivision or Partition) review, Site Design Review, Conditional Use Permits, or for building permits where existing public facility improvements do not comply with city public works standards.

C.    Public Works Design Standards. All public facility improvements, including, but not limited to, streets, bicycle/pedestrian facilities, parks, water, sanitary sewer, surface water and storm drainage facilities, whether required as a condition of development or provided voluntarily, shall conform to the City of Halsey Public Works Design Standards (“Public Works Standards”).¹ Where a conflict occurs between this Chapter and the Public Works Standards, the provisions of this Code shall govern.

D.    Public Improvement Requirement. No building permit may be issued until all required public facility improvements are in place and approved by the Public Works Director, or otherwise bonded, in conformance with the provisions of this Code and the Public Works Standards. Improvements required as a condition of development approval, when not voluntarily provided by the applicant, shall be roughly proportional to the impact of the development on public facilities. Findings in the development approval shall indicate how the required improvements directly relate to and are roughly proportional to the impact of development.

E.    Completion of Public Improvements Prior to Issuance of a Certificate of Occupancy. All required public improvements must be completed in accordance with the requirements of this Chapter prior to the issuance of a final certificate of occupancy for any structure on the subject site. Where landscaping, screening or other improvements are required pursuant to this Chapter, all such improvements must be installed and approved by the City Administrator or designee prior to issuance of a certificate of occupancy.

A.    General Requirements. No development shall occur unless the development has frontage or approved access to a public street, in conformance with the provisions of Chapter 3.2 - Access and Circulation, and the following standards are met:

1.    Existing substandard streets and new streets within or abutting a development shall be improved in accordance with this Chapter as a condition of development approval, unless a waiver is granted as provided for in Section 3.5.110.C.

2.    All street improvements, including the extension or widening of existing streets and public access ways, shall conform to Section 3.5.110, and shall be constructed consistent with the City of Halsey Public Works Design Standards. The City Engineer may approve design modifications to fit existing conditions, right-of-way widths, address safety concerns or any other limitations which make the application of the adopted city public works design standards impractical for the development site.

3.    All new streets shall be contained within a public right-of-way. Public access ways (e.g. pedestrian walkways or recreational trails) may be contained within a public right-of-way or a public access easement.

4.    Where an existing right-of-way adjacent to a proposed development is less than the standard width, the City may require the dedication of additional right-of-way at the time of land division or development pursuant to the standards in Table 3.5.110.H “Street Design Standards”. Right-of-way shall be dedicated to the applicable city, county or state jurisdiction. [See Chapter 3.5, Section 3.5.110.I “Existing Substandard ROW”]

B.    Traffic Impact Analysis. The purpose of this subsection is to coordinate the review of land use applications with roadway authorities and to implement Section 660-012-0045(2)(e) of the state Transportation Planning Rule, which requires the City to adopt a process to apply conditions to development proposals in order to minimize impacts and protect transportation facilities. The following provisions also establish when a proposal must be reviewed for potential traffic impacts; when a Traffic Impact Analysis (TIA) must be submitted with a development application in order to determine whether conditions are needed to minimize impacts to and protect transportation facilities; the required contents of a Traffic Impact Analysis; and who is qualified to prepare the analysis.

1.    When a Traffic Impact Analysis is Required. The City Administrator, after consultation with the City Engineer, or other road authority with jurisdiction may require a TIA as part of an application for development, a change in use, or a change in access.

2.    A TIA may be required to address one or more of the following issues:

a.    Operational or safety concerns documented in writing by a road authority;

b.    An increase in site traffic volume generation by 300 Average Daily Trips (ADT) or more;

c.    An increase in peak hour volume of a particular movement to and from a street or highway by 20 percent or more;

d.    An increase in the use of adjacent streets by vehicles exceeding the 20,000-pound gross vehicle weights by 10 vehicles or more per day;

e.    Existing or proposed approaches or access connections that do not meet minimum spacing or sight distance requirements or are located where vehicles entering or leaving the property are restricted, or such vehicles are likely to queue or hesitate at an approach or access connection, creating a safety hazard;

f.    A change in internal traffic patterns that may cause safety concerns; or

g.    A TIA required by ODOT pursuant to OAR 734-051.

3.    Traffic Impact Analysis Preparation. A professional transportation traffic engineer registered in the State of Oregon shall prepare the TIA, in accordance with the requirements of the City Engineer and/or road authority.

4.    Traffic Assessment Letter in lieu of TIA. In lieu of a TIA, the City may require the applicant submit a Traffic Assessment Letter (TAL) prepared by a professional traffic engineer registered in the State of Oregon.

5.    Conditions of Approval Based on TIA/TAL. Upon review of the TIA or TAL, the City and roadway authority may impose conditions of approval to ensure efficient traffic and pedestrian operations and safety.

C.    Waiver or Deferral of Street Improvements. The City Administrator or the decision authority may waive or defer standard street improvements, including sidewalk, roadway, bicycle lane, undergrounding of utilities, and landscaping, as applicable, where one or more of the following conditions in (a) through (d) is met.

1.    The standard improvement conflicts with an adopted capital improvement plan.

2.    The standard improvement would create a safety hazard.

3.    It is unlikely due to the developed condition of adjacent property that the subject street improvement will be extended in the foreseeable future (within the next 10 years), and the street improvement associated with the project does not by itself, significantly improve transportation operations or safety.

4.    The street improvement under consideration is part of an approved partition and the proposed partition does not create any new street.

If the City agrees to defer a street improvement, it shall do so only where the property owner(s) execute and record in the Linn County Deed Records a deferral agreement that states the property owner will not remonstrate against the formation of a local improvement district and the property owner will pay the property owner’s proportionate share of the costs of the required public improvements within the right-of-way. The agreement may stipulate that the property owner agrees to install the improvements, at the property owner’s expense, when notified in writing by the City to install the improvements.

D.    Transportation Connectivity and Future Street Plans. The following street connectivity standards apply to any streets within or adjacent to a development site or to the creation of new streets.

1.    City of Halsey Future Street Plan.

a.    The City of Halsey has adopted Figure 3.5.110.D. - City of Halsey Local Street Plan which shows existing streets and future street locations. Implementation of the City’s street plan will facilitate orderly development and provide an interconnected street and pedestrian system. The City’s street plan is binding, unless the Planning Commission approves a modification to the plan as part of the review of the applicant’s development proposal.

b.    Any subdivision or site development plan must comply with the City of Halsey Future Street Plan and demonstrate the proposed development does not preclude future street extensions or connections to adjacent developable land.

2.    Connectivity to Abutting Lands. The street system of a proposed subdivision or development shall be designed and constructed provide for the continuation and connection to existing, proposed, and planned streets adjacent to the site.

3.    Development on Property Where Future Streets are not shown on the City of Halsey Future Street Plan. Where required local street connections are not shown on Figure 3.5.110.D, a subdivision or development shall conform to a street development plan for the site approved by the Planning Commission. The proposed street development 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.

3.    Street Development Plan and Extension of Streets. Unless waived by the City Administrator, an application for a subdivision or site development will include a street development plan in order to facilitate orderly development of adjacent vacant or developable land.

The street plan shall show the existing streets, proposed future streets within the development site and future off-site street extensions or connections to all vacant or developable land within 600 feet of the development site.

a.    Streets shall be extended to the boundary lines of the parcel or tract to be developed.

Figure 3.5.110.D
City of Halsey Local Street Plan

b.    Street stubs shall be provided to allow access to abutting vacant or developable land and shall be designed to facilitate future extension of the street.

c.    Street ends shall contain turnarounds constructed to Uniform Fire Code standards. Temporary turnarounds (e.g., hammerhead or bulb-shaped configuration) shall be constructed for stub streets over 150 feet in length.

d.    Temporary barricade(s) shall be constructed at the end of the street by the developer and shall not be removed until authorized by the City or other applicable agency with jurisdiction over the street.

E.    Formation of Blocks. In order to promote efficient vehicular and pedestrian circulation, subdivisions and site developments shall be served by an interconnected street network complying with the City’s block layout and orientation standards. Block distances are measured from the edge of street rights-of-way.

1.    Residential District. Minimum of 200-foot block length and maximum of 600-foot length;

2.    Commercial District. Minimum of 200-foot length and maximum of 400-foot length, as provided by Section 2.3.140 – “Block Layout and Orientation”.

3.    All Other Zones: Minimum of 200-foot length and maximum of 1,000-foot length.

F.    Street Location, Alignment, Extension and Grades.

1.    All new streets, to the extent practicable, shall connect to the existing street network and allow for the continuation of the existing block layout, to allow continuity of street alignments and to facilitate future development of vacant or redevelopable lands. Where the locations of planned streets are shown on the City of Halsey Local Street Plan, Figure 3.5.110.D, the development shall be designed to implement the street(s) shown on the plan.

2.    Specific street locations and alignments 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.

3.    Grades of streets shall conform as closely as practicable to the original (pre-development) topography to minimize grading.

4.    Existing street-ends that abut a proposed development site shall be extended with the development, unless prevented by environmental or topographical constraints, existing development patterns, or compliance with other standards in this Code. In such situations, the applicant must provide evidence that the environmental or topographic constraint precludes reasonable street connection.

G.    Intersections. Streets shall be located and designed to intersect as nearly as possible to a right angle (90 degrees). All legs of an intersection shall meet the above standard for at least 100 feet back from the point of intersection. No more than two streets shall intersect, i.e., creating a four-legged intersection, at any one point. Street jogs and intersection offsets of less than 200 feet are not permitted. Intersections shall be designed to facilitate storm water runoff into approved storm water facilities.

H.    Rights-of-Way Width and Street Cross-Sections. The standards contained in Table 3.5.110.H are intended: to provide for streets of suitable location, width, and design to accommodate expected vehicle, pedestrian, and bicycle traffic; to afford satisfactory access to law enforcement, fire protection, sanitation, and road maintenance equipment; and to provide a convenient and accessible network of streets, avoiding undue hardships to adjoining properties. Where a range of street width or improvement options is indicated, the decision authority, in consultation with the City Engineer, shall determine requirements based on the following factors:

1.    Street classification and requirements of the roadway authority, if different than the City’s street classifications and requirements;

2.    Existing and projected street operations relative to applicable standards;

3.    Safety of motorists, pedestrians, bicyclists including consideration of accident history;

4.    Convenience and comfort for pedestrians and bicyclists;

5.    Provision of on-street parking;

6.    Placement of utilities;

7.    Street lighting;

8.    Slope stability, erosion control, and minimizing cuts and fills;

9.    Surface water management and storm drainage requirements;

10.    Emergency vehicles or apparatus and emergency access, including evacuation needs;

11.    Transitions between varying street widths (i.e., existing streets and new streets); and

12.    Other factors related to public health, safety, and welfare.

Table 3.5.110.H
Street Design Standards for the City of Halsey

*    All streets shall be improved in accordance with the construction standards and specifications of the applicable roadway authority, including requirements for pavement, curbs, drainage, striping, and traffic control devices. Where a park strip is provided it shall consist of a minimum 4’ to 8’ wide strip between the sidewalk and the curb or roadway. Where a swale is provided, it shall either be placed between the roadway and sidewalk or behind the sidewalk on private property, subject to City approval and recording of required public drainage way and drainage way maintenance easements. Streets with parking on one side only should be avoided. When used, they must be posted NO PARKING.

Figure 3.5.110.H (1) – Local Street Section: Curbed

Figure 3.5.110.H (2) – Local Street Section: Turnpike

Note: As described in the City of Halsey Storm Drainage System Master Plan, certain areas of the City would be better served by streets without a piped drainage system (“turnpike” streets) due to existing elevation differences between streets and adjacent properties. Locations of the problem drainage areas are shown on the City of Halsey Future Street Plan Map, Figure 3.5.110.D. Where on-site investigation confirms this situation, the turnpike street design may be used.

Figure 3.5.110.H (3) – Linn County Roads Department
Turnpike Style - Minor Arterial & Major Collector
Contact the Linn County Roads Department for Design Standards on County Roads

Figure 3.5.110.H (4) – Linn County Roads
Curbed Collector Street Section
Contact the Linn County Roads Department for Design Standards on County Roads

Figure 3.5.110.H (5) – ODOT Highway 99E
Curbed Minor Arterial – State Highway
Contact the Oregon Department of Transportation for Current Design Standards

Figure 3.5.110.H (6) -- Collector Street Section: Curbed (Commercial/Industrial District)
Diagonal Parking Option

Figure 3.5.110.H (7) – City of Halsey
Pedestrian Path / Recreational Trail

I.    Substandard Existing Right-of-Way. Where an existing right-of-way adjacent to or within a proposed development is less than the standard width and/or if dedication is needed for a turn radius, the City may require the dedication of additional right-of-way at the time of subdivision, partition or site development pursuant to the standards in Table 3.5.110.H.

In cases where an existing street ROW width is less than the standard in Table 3.5.110.H, the City Administrator will consult with the City Engineer and determine if a ROW dedication will be required by the City. Findings in the development approval shall indicate how the required ROW dedication relates to and is roughly proportional to the impact of development.

The following streets need additional ROW:

•    West 6th Street     (North of West D Street)

•    West 7th Street

•    East A Street        (East of East 3rd Street)

•    East 3rd Street     (North of East H Street)

•    East H Street         (East of East 3rd Street)

J.    Dedication 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 the deed. All deeds shall be in a form prescribed by the City and shall be accepted by the City Council.

K.    Engineering Design Standards. Street design shall conform to the standards of the applicable roadway authority; for City streets that is the City of Halsey Public Works Design Standards. Where a conflict occurs between this Chapter and the City of Halsey Public Works Design Standards, the provisions of this Chapter shall govern.

L.    Fire Code Standards. Where Fire Code standards conflict with City standards, the City shall consult with the local fire chief and/or the Fire Marshal in determining appropriate requirements. The City shall have the final determination regarding applicable standards.

M.    Cul-de-sacs. A cul-de-sac street shall only be used where the Planning Commission determines that environmental or topographical constraints, existing development patterns, or compliance with other applicable City requirements preclude a street extension and through circulation. Where a cul-de-sac is allowed, all of the following standards shall be met:

1.    The cul-de-sac shall not exceed a length of 400 feet, except where the Planning Commission determines that topographic or other physical constraints of the site require a longer cul-de-sac. The length of the cul-de-sac shall be measured along the centerline of the roadway from the near side of the intersecting street to the farthest point of the cul-de-sac.

2.    The cul-de-sac shall not provide access to more than 12 dwelling units.

3.    The cul-de-sac shall terminate with a circular or hammer-head turnaround complying with the Uniform Fire Code and the standards in Table 3.5.110.H.

4.    The cul-de-sac shall provide, or not preclude the opportunity to later install, a pedestrian and bicycle access way between it and adjacent developable lands.

N.    Half Streets. Half streets, while generally not acceptable, may be approved where essential to the reasonable development of the subdivision or partition, 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 the adjoining property is divided. Whenever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such a tract. Reserve strips and street plugs may be required to preserve the objectives of half streets.

O.    Streets Adjacent to Railroad Right-of-Way. Wherever the proposed development contains or is adjacent to a railroad right-of-way, a frontage street shall be created. New railroad crossings and modifications to existing crossings are subject to review and approval by Oregon Department of Transportation.

P.    Development Adjoining Arterial Streets (Hwy 99E and Hwy 228). Where a development adjoins or is crossed by an arterial street, the development design shall separate residential access and through traffic and shall minimize traffic conflicts. The design shall include one or more of the following:

1.    A parallel access street along the arterial with a landscape buffer separating the two streets;

2.    Deep lots abutting the arterial to provide adequate buffering with frontage along another street. Double-frontage lots shall conform to the buffering standards in Section 3.3.130.E;

3.    Screen planting along the arterial street property line to be contained in a non-access reservation (e.g., public easement or tract) along the arterial; or

4.    Other treatment suitable to meet the objectives of this subsection;

5.    If a lot has access to two streets with different classifications, primary access shall be from the lowest classification street, in conformance with Chapter 3.2, Section 3.2.120.D.

6.    If access is proposed to a state highway or county road, the applicant will be required to obtain an ODOT and/or Linn County Roads Department access permit approval for the development.

Q.    Private Streets. Private streets shall not be used to avoid connections with public streets. Gated communities (where a gate limits access to a development from a public street) are prohibited. Design standards for private streets shall conform to the standards in Table 3.5.110.H; and

R.    Alleys, Public or Private. Alleys may be provided in commercial and industrial districts for access to off-street parking and loading facilities are approved by the Planning Commission. Alleys shall conform to the standards in Table 3.5.110.H. While alley intersections and sharp changes in alignment shall be avoided, the corners of necessary alley intersections shall have a radius of not less than 12 feet.

S.    Reserve Strips. Reserve strips or street stubs controlling access to streets may be required when necessary to insure street extensions and the widening of half streets. The reserve strip shall normally be one foot in width and under the ownership of the City.

T.    Access Easements. The City may approve an access easement established by deed when the easement is necessary to provide for access and circulation in conformance with Chapter 3.2 - Access and Circulation.

U.    Sidewalks, Planter Strips, Bicycle Lanes. Except where the City grants a deferral of public improvements, sidewalks, planter strips, and bicycle lanes shall be installed concurrent with development. Maintenance of sidewalks and planter strips in the right-of-way is the continuing obligation of the adjacent property owner.

V.    Curbs, Curb Cuts, Ramps, and Driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in Chapter 3.2 - Access and Circulation.

W.    Traffic Calming. The City may require the installation of traffic calming features such as traffic circles, curb extensions, reduced street width (parking on one side), medians with pedestrian crossing refuges, speed tables, speed humps, or special paving to slow traffic in neighborhoods or commercial areas with high pedestrian traffic.

X.    Traffic signals. 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. The location of traffic signals shall be noted on approved street plans. Where a proposed street intersection will result in an immediate need for a traffic signal, a signal meeting approved specification shall be installed. The developer’s cost and the timing of improvements shall be included as a condition of development approval.

Y.    Street Names. No street name shall be used which will duplicate or be confused with the names of existing streets in Linn County, except for extensions of existing streets. Street names, signs and numbers shall conform to the established pattern in the surrounding area, except as requested by emergency service providers.

1.    East-West Streets. Streets south of Hwy 228 will be consecutively lettered “A” to “Z”.

2.    North-South Streets. North-South streets south of Hwy 228 will be consecutively numbered.

3.    Other Street Names. The Planning Commission may approve alternate street names at the time a subdivision is platted.

Z.    Street Signs. The city, county or state with jurisdiction shall install all signs for traffic control and street names. The cost of signs required for new development shall be the responsibility of the developer. Street name signs shall be installed at all street intersections at the time street improvements are made. Stop signs and other signs may be required.

AA.    Streetlight Standards. Streetlights shall be relocated or new lights installed, as applicable, with street improvement projects, at the sole cost of the developer. Streetlights shall conform to City standards or the requirements of the roadway authority, if different from the City.

AB.    Mail Boxes. Mail boxes shall conform to the requirements of the United States Postal Service and the State of Oregon Structural Specialty Code. The developer is responsible for installation of mailboxes at the sole cost of the developer.

AC.    Survey Monuments. 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 reestablished and protected.

AD.    Final Pavement Lift Required Prior to City Acceptance. 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 City Engineer.

A.    Purpose. The City of Halsey concludes it is good public policy to provide parks and recreational facilities to meet the needs of Halsey’s residents and visitors, enhance the livability of the City and make the City a great place to live and play. New subdivisions and larger residential developments are required to provide land for public parks, open spaces and/or greenways concurrently with the development provided the City makes findings to demonstrate consistency with constitutional requirements.

B.    Land for Public Park, Open Space or Greenway. Any land division or site development plan for a residential development on a site larger than 5.0 gross acres in size shall designate an area of not less than 5% of the project site for a public park, open space or greenway.

1.    Where the development site is adjacent to an existing public park, school, greenway, open space or publicly owned property and the City concludes the dedication is a logical addition to the existing public property, the City may require the dedication be contiguous to the existing public property.

2.    Where a proposed public park, greenway or open space area is shown in a plan adopted by the City and is located on the development site, in whole or in part, the City may require the dedication or reservation of this area for public use.

C.    Standard for Dedication of a Public Park, Greenway and/or Open Space. The park land dedication shall be proportional to the impact of the residential development project. Any required dedication shall be accompanied by findings made by the City to demonstrate consistency with constitutional requirements. The City concludes that a dedication of 5% of the gross land area of a development site is proportional to the demand for park land created by a new 5.0+-acre residential development.²

D.    Dedication Requirements.

1.    The City may require the dedication or reservation of the public park, open space or greenway as a condition of the development approval, if the city makes findings to demonstrate consistency with constitutional requirements.

2.    If the dedication is part of a land division approval, the park area shall be dedicated on the final plat.

E.    Acquisition of Additional Land by a Public Agency. The City, or another public entity, may purchase or accept voluntary dedication of an area of the development site, that is larger than the minimum area required by Section 3.5.120.B.

F.    City Council Acceptance of Dedication. The City is under no obligation to accept an area proposed for dedication for a public park, greenway, open space or public use. The City Council will accept dedication of land in compliance with ORS 92.014 (2).

A.    Sewers and Water Mains Required. All new development is required to connect to City water and sanitary sewer systems. Sanitary sewer and water system improvements shall be installed to serve each new development and to connect developments to existing mains in accordance with the adopted facility master plans and applicable City of Halsey Public Works Design Standards. Where streets are required to be stubbed to the edge of the subdivision, sewer and water system improvements and other utilities shall also be stubbed with the streets, except if an alternate alignment(s) is approved by the City Engineer which allows for extension beyond the applicant’s property.

B.    Sewer and Water Plan approval. Development permits for sewer and water improvements shall not be issued until the City Engineer has approved all sanitary sewer and water plans in conformance with applicable standards adopted by the City.

C.    Over-sizing. The City may require as a condition of development approval that sewer and water lines serving new development be sized to accommodate future development within the area as projected by the applicable facility master plans. The developer shall be entitled to the difference in material cost between the pipe size warranted by the development and the size required for oversizing or the City may authorize other cost-recovery or cost-sharing methods as provided under state law.

D.    Inadequate Facilities. Development permits may be restricted by the City where a deficiency exists in the existing water or sewer system which cannot be rectified by 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 domestic water and sewerage treatment systems. Building moratoriums shall conform to the criteria and procedures contained in ORS 197.505.

A.    General Provisions. The City shall issue a development permit only where adequate provisions for storm water runoff have been made in conformance with the City of Halsey Storm Drainage Master Plan and the City of Halsey Public Works Design Standards.

B.    Stormwater Analysis and Report. At the time a land use application is filed with the City for a land division or a site design review, the applicant shall provide a drainage impact analysis for City review, unless waived by the City Administrator. The analysis shall include a preliminary stormwater management plan, preliminary calculations, and a narrative which identifies the impacts the “new development” will have on existing stormwater systems. The narrative shall include the following:

1.    A brief description of existing and developed conditions including net impervious surface area calculations.

2.    The proposed facilities necessary to comply with the stormwater quality (pollutant reduction) requirements.

3.    The proposed facilities necessary to comply with the stormwater quantity (flow control) requirements, including the preliminary pre-development and post-development stormwater runoff flow rates.

4.    The method of discharging stormwater offsite and any anticipated design provisions needed to control the velocity and direction of the discharge in order to minimize damage to receiving systems or water bodies.

5.    A list of any federal or state permits required for the project.

C.    Accommodation of Upstream Drainage. Culverts and other drainage facilities shall be large enough to accommodate potential runoff from the entire upstream drainage area, whether inside or outside the development. Such facilities shall be subject to review and approval by the City Engineer.

D.    Effect on Downstream Drainage. Where it is anticipated by the City Engineer 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 in accordance with City public works standards.

E.    Existing Watercourses. Where a development is adjacent to or traversed by a watercourse, drainage way, channel or stream, the City may require the property owner to provide a storm water easement or drainage right-of-way. The easement or right-of-way width shall conform with the lines of the water course, with such further width as is recommended in the City of Halsey Storm Drainage System Master Plan or as recommended by the City Engineer to protect public health and safety. The easement or right-of-way width shall be established to assure ease of channel maintenance, to accommodate possible flooding, to assure that the channel will not be encroached upon by fences and other improvements, and where feasible, to encourage multiple use of the drainage channel and related area for purposes such as utility strips, transportation corridors for bicycle or pedestrian use, or as natural greenways. Specifications for widths and improvements for water courses are contained in the city public works design standards.

F.    Design. The design of storm drainage facilities shall conform to the recommendations contained in the Storm Drainage System Master Plan. These include turnpike (no curbs, open drainage) streets in some areas of the city. The City Engineer shall approve the proposed drainage system for all developments.

G.    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 facility master plan.

H.    Maintenance of Storm Water Management Facilities. The property owner is responsible for the on-going operation and maintenance of all private on-site storm sewers, drainage facilities, storm water retention/detention basins and water quality facilities and for the continuous maintenance of any storm drainage channel or water course that traverses the property.

I.    Flood Plain. If the property is located in the 100-year flood plain, the applicant will obtain any required flood plain development permit and comply with the City’s flood plain management ordinance.

J.    Storm Drainage Easements. If required, the developer shall provide on-site storm drainage easements and secure off-site storm drainage easements necessary to serve the development. See Section 3.5.160.

The following standards apply to new development where the extension of electric power, natural gas or communication lines is required:

A.    General Provision. The developer of a property is responsible for coordinating the development plan with the applicable utility providers and paying for the extension and installation of utilities not otherwise available to the subject property.

B.    Underground Utilities.

1.    General Requirement. The requirements of the utility service provider shall be met. All utility lines in new subdivisions, including, but not limited to, those required for electric, communication, and lighting, and related facilities, shall be placed underground, except where the Public Works Director or the City Engineer determines that placing utilities underground would adversely impact adjacent land uses. The City may require screening and buffering of above ground facilities to protect the public health, safety, or welfare.

2.    Subdivisions. In order to facilitate underground placement of utilities, the following additional standards apply to all new subdivisions:

a.    The developer shall make all necessary arrangements with the serving utility to provide the underground services. Care shall be taken to ensure that no above ground equipment obstructs vision clearance areas for vehicular traffic.

b.    The City Engineer reserves the right to approve the location of all surface-mounted facilities.

c.    All underground utilities installed in streets must be constructed and approved by the applicable utility provider prior to the surfacing of the streets.

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

C.    Exception to Undergrounding Requirement. The City Engineer or the Public Works Director, in consultation with the City Engineer, may grant exceptions to the undergrounding standard where existing physical constraints, such as geologic conditions, streams, or existing development conditions make underground placement impractical.

D.    Easements for Utilities. The City or the utility provider may require the recording of a utility easement for a utility located on private property.

A.    Provision. The developer shall make arrangements with the City and applicable utility service providers for the provision and dedication of utility easements necessary to provide full services to the development.

B.    Standard. Utility easements shall conform to the requirements of the utility service provider. All other easements shall conform to the City of Halsey Public Works Design Standards. The City’s standard width for utility easements shall be 10’ unless otherwise specified by the utility service provider or the City Engineer.

C.    Recordation. All easements for sewers, storm drainage and water quality facilities, water mains and private utilities shall be recorded in the Linn County Deed Records as a separate easement document and/or referenced on a survey or final plat, as applicable.

A.    Construction Plan Approval and Payment of Required Fees to the City. No development including sanitary sewers, water, streets, parking areas, buildings, or other development, shall be undertaken without plans having been approved by the City of Halsey, permit fees paid, and permits issued. Permit fees defray the cost and expenses incurred by the City for plans reviews, public works construction permit issuance, consultant and legal fees, inspections, utility installation and other services in connection with the improvement. The City of Halsey’s land use, public works and permit fees are set by City Council resolution.

B.    Plan Approval by Other Agencies. The applicant is responsible for obtaining required permits and payment of fees to other government entities and agencies which have regulatory authority for the project. Upon request the developer will provide copies of approved permits to the City.

A.    Conformance Required. Improvements installed by the developer either as a requirement of these regulations or at the Developer’s 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. shall be a part of the City’s adopted installation standard(s); other standards may also be required upon recommendation of the City Engineer.

C.    Commencement. Work in a public right-of-way shall not begin until all applicable agency permits have been approved and issued. The City will be notified at least 24-hours in advance of the start of work.

D.    Resumption. If work is discontinued for more than six months, it shall not be resumed until the City Engineer and/or the Public Works Director is notified in writing and the City grants written approval for the work to resume.

E.    City Inspection. Improvements shall be constructed under the inspection of the Public Works Director or the City Engineer. The Public Works Director or City Engineer may approve minor changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest. Modifications requested by the developer shall be subject to land use review under Chapter 4.6 - Modifications to Approved Plans and Conditions of Approval. Any survey monuments that are disturbed before all improvements are completed by the developer or subdivider shall be replaced prior to final acceptance of the improvements.

F.    Engineer’s Certification and As-Built Plans.

1.    Engineer’s Certification of Completion. A registered civil engineer shall provide a letter to the City certifying that all improvements, workmanship, and materials have been completed and are in accord with current and standard engineering and construction practices, conform to approved plans and conditions of approval, prior to City’s acceptance of the public improvements, or any portion thereof, for operation and maintenance.

2.    As-Built Plans. The developer’s engineer shall provide electronic files (AutoCAD and/or .pdf) and two printed sets of “as-built” plans for permanent filing with the City of Halsey Public Works Department and the City Engineer, unless otherwise directed by the City Engineer.

3.    Warranty Bond. If required by the City, the developer or subdivider shall provide a warranty bond pursuant to Section 3.5.190.

A.    Performance Guarantee Required. The City at its discretion may approve a final plat or building permit when it determines the public improvements required for the site development or land division, or phase thereof, are complete or the applicant has provided the City with a financial security which guarantees the completion of the required improvements. When required by the City, the applicant shall provide a performance bond issued by a surety authorized to do business in the state of Oregon, irrevocable letter of credit from a surety or financial institution acceptable to the City, cash, or other form of financial security acceptable to the City.

B.    Determination of Sum. The assurance of performance shall be for a sum determined by the City Engineer as required to cover the cost of the improvements and repairs, including related planning, legal and engineering review and inspection costs, plus incidental expenses and reasonable inflationary costs. The assurance shall not be less than [125%] percent of the estimated improvement costs.

C.    Itemized Improvement Estimate. The applicant shall furnish to the City an itemized improvement estimate, certified by a registered civil engineer, to assist the City in calculating the amount of the performance assurance.

D.    Agreement. A written agreement between the City and applicant shall be signed and the City may require the agreement be recorded in the County Deed Records, as a deed covenant on the real property. The agreement may include a provision for the construction of the improvements in stages and for the extension of time under specific conditions. The agreement shall contain all of the following:

1.    The period within which all required improvements and repairs shall be completed;

2.    A provision that if work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the developer;

3.    The required improvement fees and deposits or performance guarantee. The amount shall be sufficient to cover all costs in Section 3.5.190.B.

E.    When Applicant Fails to Perform. In the event the applicant fails to carry out all provisions of the agreement and the City has unreimbursed costs or expenses resulting from such failure, the City shall call on the bond, cash deposit, or letter of credit for reimbursement.

F.    Termination of Performance Guarantee. The applicant shall not cause termination, nor allow expiration, of the guarantee without first securing written authorization from the City.

G.    Warranty Bond. A warranty bond good for one year is required on all public improvements and landscaping when installed in the public right-of-way. The warranty bond shall equal [30] percent of the total cost of improvements and begin upon acceptance of said improvements by the City.

    City of Halsey Public Works Design Standards, dated 1996.

    Standard for Park Land, Open Space and/or Recreational Trail Dedication: The Oregon State Parks Department recommends Oregon cities provide 6.25 to 12.00 acres of park land per 1,000 residents. The City of Halsey has established a standard 6.0 acres of land for public parks, open space or greenway per 1,000 residents. The City finds the dedication of 5% of a residential development site will not fully meet the City’s 6.0 acres per 1,000 residents standard, but will provide additional park land in an amount that is roughly proportional to the impact created by the new residential development. The following examples show how to calculate the minimum amount of park land dedication to be included on a residential development site of 5 acres in size or larger.

    Example #1: Proposed subdivision on a 15-acre site @ 4 units/acre net density = 60 new homes.

    60 single-family homes @ 3.00 persons per household = 180 residents

    180 / 1000 residents = 18% x 6.0 acres/1,000 residents = 1.08 acres of parkland.

    The analysis shows 1.08 acres of park land is needed to serve 180 residents in the subdivision.

    Section 3.5.120 requires a park land dedication of 0.75 acres (5% of the 15-acre project site).

    Example #2: Proposed apartment complex on a 5-acre site @ 12 units/acre density = 60 new units

    60 multi-family apartment units @ 2.5 persons per household = 150 estimated residents

    150 / 1000 residents = 15% x 6 acres/1000 residents = 0.90 acres of parkland is needed.

    The analysis shows 0.90 acres of park land is needed to serve 150 residents in the complex.

    Section 3.5.120 requires a park land dedication of 0.25 acres (5% of the 5-acre project site).

The following regulations apply to all signs erected, placed and displayed including painted wall signs. These regulations are intended to improve the commercial environment, atmosphere, and visual quality of the community.

Nothing in this ordinance shall restrict the placement and maintenance of public service and directional signs, traffic control signs and devices, legally required signs, state and national flags, flags and banners for special occasions.

A.    Signs for Residential use. A residential use is allowed residential identification signs to identify the residents, street name and number, name of building or building complex name. For home occupations, a sign of no more than six (6) square feet is allowed.

B.    Signs for Commercial and Industrial Uses. A commercial use located in any zone where it is authorized, or an industrial use located in the Industrial District is allowed the following signs:

1.    Business signs: Maximum sign area for any business or sites three hundred (300) square feet of sign area, or one and one half (1-½) square feet of sign area per linear foot of building front, whichever is smaller. Building front in this case shall mean the wall of the building that contains the main entrance. Any business is allowed thirty-five (35) square feet of sign area, regardless of building frontage. The maximum allowable sign area may be composed of one type of sign or any combination of wall or window signs, pole signs, ground signs and projecting signs.

2.    Wall or window signs: Subject to the limitations specified above, a wall sign shall not exceed forty percent (40%) of the area of the wall minus the area of doors and windows. A wall or window sign shall not face the same direction as a roof sign.

3.    Pole or ground signs: Subject to the limitations specified above, one pole or ground sign is allowed per business if the business has one hundred (100) feet of frontage on a public street. The pole or ground sign area shall not exceed one-half the total area of all sign faces allowed for the business. The maximum sign height is twenty-five (25) feet.

4.    Projecting signs: Projecting signs which are attached perpendicular to a building are allowed up to maximum are of fifteen (15) square feet. Projecting signs are not allowed in combination with a pole or ground sign unless the signs are separated by fifty (50) feet or more.

C.    Prohibited signs. The following signs are prohibited: Signs which interfere with traffic visibility or resemble traffic control signs, signs which have not been kept in good repair, signs which flash or rotate, signs which are excessively bright (determined by considering the size of the sign, the percentage brightness of the white or light colored portions of the sign, the distance to the public right-of-way, and the nature of the surrounding areas), signs mounted on the roof of a building, off- premise signs, signs on a public right-of-way, signs overhanging a public sidewalk at a height of less than eight (8) feet or to within two (2) feet of the edge of the pavement of a public street, signs overhanging a public street at a height of less than sixteen (16) feet above, bulb signs, banners, flags, and pennants, except as allowed herein, signs which unnecessarily block or interfere with existing signs. No sign shall be permitted that has the appearance of movement (except time and temperature signs and traditional barber poles) within the Main Street Commercial Subdistrict.

D.    Existing signs. All legal signs existing at the time of adoption of this ordinance may be maintained. Signs pertaining to a business that has not been in operation for at least ninety (90) days, shall be removed.

1.    Existing signs that do not conform to this ordinance due to characteristics of the sign and the site, or due to the zoning designation of the site, may be altered if the alteration does not exceed 50% of the value of the sign. The value of the alteration and the value of the sign shall be determined by City Staff.

2.    A new sign which is to replace an existing sign that does not conform to this ordinance due to characteristics of the sign or the site shall conform to this ordinance. A new sign which is to replace an existing sign which does not conform to this ordinance due to zoning designation of the site, is allowed providing the new sign is more conforming with this ordinance, that is, it is smaller, shorter, less bright, etc.

A.    Purpose. The purpose of this section is to provide siting standards and review processes for wireless communications facilities (WCF’s) locating within Halsey’s urban growth boundary. These regulations are designed to:

1.    Regulate the placement, appearance, and number of WCF’s.

2.    Ensure that the citizens of Halsey have access to wireless communications services.

3.    Reduce the visual impact of towers by encouraging collocation.

4.    Establish a graduated system of review that will expedite approval on certain sites.

5.    Implement the applicable provision of the Telecommunications Act of 1996.

B.    Definitions

Antenna: The specific device used to capture an incoming and/or transmit an outgoing radio- frequency signal. Common types include whip, panel, microwave dish, and GPS antennae.

Attached WCF: An existing pole, tower, steeple, or other structure, such as an elevator shaft on a rooftop, capable of accommodating WCF antennae, whether originally designed for such use or not.

Collocation: Two or more WCF providers utilizing a structure or site specifically designed and/or approved for such multiple use.

Detached WCF: A pole, tower, or other structure specifically designed and intended to support WCF antennae.

Lattice Tower: A WCF support structure which consists of metal crossed strips or bars which supports antennae and related equipment for one or more service providers.

Monopole: A WCF support structure which consists of a single tapered steel pole and which supports antennae and related equipment for one or more service providers.

Stealth Design: A variety of techniques used to disguise or mitigate the visual presence of a WCF support structure, including, but not limited to screening by mature trees, mimicking common features of the urban landscape (light poles, steeples, flag poles, trees, etc.), or painting to blend into surrounding features.

Wireless Communications Facilities (WCF): The site, structures, equipment shelters, and appurtenances used to transmit, receive, distribute, or provide telecommunications services.

C.    Review Process

The review process for WCF’s is based on the site’s zoning, including proximity to the Residential District and residential uses, and the type of facility proposed (detached WCF, attached WCF, or collocation), as depicted in Table 3.6.110.C below.

Table 3.6.110.C
Review Process for Wireless Communications Facilities

1.    DR: Development Review. Submit development plan application for administrative review by City Planner – see Chapter 4.3.

2.    SDR: Site Development Review: Submit a site development plan application for review by the Planning Commission – see Chapter 4.3.

3.    CUP: Conditional Use Permit. Submit CUP application for review by Planning Commission - see Chapter 4.5.

4.    Prohibited WTC’s – Detached WCF’s are prohibited in the Residential District and in the Main Street Commercial Subdistrict. All WCF’s are prohibited on buildings or sites listed on the Halsey Register of Historic Resources, see Chapter 3.6, Section 3.6.130.

D.    Siting Standards

1.    All WCF’s shall observe minimum lot size, coverage, and setback requirements of the underlying zone. New facilities over 75 feet tall and extensions of more than 20 feet shall have Planning Commission approval, regardless of the review process listed in Table 3.6.110.C.

2.    WCF’s shall be planted with perimeter evergreen landscaping that will form a solid screen around the base of the facilities within 5 years, where applicable.

3.    Detached WCF’s shall not be located inside or within 100 feet of the Residential District or within 100 feet of existing residences unless it is shown there are no alternative sites available.

E.    Application Requirements

1.    DR: Development Review. Applicants shall submit the following materials for facilities which qualify for development review, as shown in Table 3.6.110.C:

a.    A copy of the lease agreement with the property owner that includes collocation provisions, facility removal within 90 days of abandonment, and a bond to guarantee removal;

b.    A signed statement from the applicant agreeing to allow collocation on the facility, where applicable;

c.    A map of the area showing the approximate geographic area to be served by the facility, existing facilities within 1,000 feet of the proposed facility, other facilities in the area owned or operated by the applicant and the nearest potential collocation sites;

d.    A plot plan showing the lease area, antenna structure, equipment shelters, height above grade, setbacks from property lines, access and parking, connection point to land lines, and landscaping intended to screen the proposed facility.

e.    Any stealth design features;

f.    An engineer’s statement that the RF emissions at grade, or at nearest habitable space, comply with applicable FCC emissions standards.

g.    A description of the type of service being offered

h.    Identification of the provider and backhaul provider, if different;

i.    The RF range in Megahertz and the wattage output of the equipment

j.    Facilities maintenance regimen;

k.    Zoning and comprehensive plan designation of site; and

l.    FAA determination.

2.    Applications for WCF’s that require Site Plan Review shall submit the above information and:

a.    An engineer’s analysis or report covering the recommended area for a new facility. If the engineer’s search area recommendations include another facility with potential for collocation, reasons for not collocating shall be provided and must demonstrate one of the following: the structure is not of sufficient height to meet engineering requirements; the structure is not of sufficient strength to accommodate the proposed facility; electromagnetic interference for one or both WCF would result from collocation; or the radio frequency coverage objective cannot be adequately met for some other technical reason.

b.    Photo-simulations showing the proposed facility from at least two vantage points, including from the nearest residence.

3.    Applications requiring a Conditional Use Permit shall provide the information required in sections (1) and (2) above, and additionally provide:

a.    An engineer’s statement describing why the proposed facility must be located at the proposed site;

b.    An engineer’s statement describing why the facility must be constructed at the proposed height;

c.    A statement describing the good faith efforts made to site or design the facility to qualify for a less rigorous review process (Development Review, Site Plan Review).

Conditional Use Permit applications for WCF’s shall be evaluated on the above three criteria in addition to the standard CUP criteria contained in Chapter 4.5

The City of Halsey wishes to protect sensitive lands within the urban growth boundary, including flood hazard areas, jurisdictional wetlands, and significant vegetation (there are no areas characterized by steep slopes within the UGB). New development shall be designed to the maximum extent feasible to avoid and/or protect sensitive lands.

A.    Flood Hazard Areas. Any development on land located within the 100-year flood plain shall comply with Chapter 3.7 “Floodplain Standards”.

As of July 1, 2018, no land in Halsey is designated by the Federal Emergency Management Agency (FEMA) as being located in a 100-year flood plain or flood hazard area. Nonetheless, areas of localized flooding do occur, particularly in the 500-year flood zone within the banks of Halsey’s open drainage ditches. The Storm Drainage System Master Plan recommends system improvements to alleviate some of the problem areas. At a minimum, new development shall not increase existing flooding problems or create new ones. New development shall comply with the requirements in Section 3.5.140 -Storm Drainage.

B.    Jurisdictional Wetlands. Areas identified on the National Wetland Inventory (NWI) maps may be jurisdictional under state or federal wetland regulations. If more than 50 cubic yards of fill is proposed, a fill permit may be required by the Division of State Lands and/or the Army Corps of Engineers, prior to ground disturbance. Development is encouraged to avoid wetland areas for their ecological, flood storage, and water filtration qualities. In many cases wetlands can be incorporated into the overall drainage system for a development without significantly restricting buildable area.¹

Figure 3.6.120—National Wetlands Inventory Map (2018)

C.    Significant Vegetation. Significant vegetation is defined in Chapter 3.3, Landscaping. Development is encouraged to avoid existing attractive vegetation, including individual trees, stands or groves of trees, and waterside vegetation. Native vegetation is given priority over introduced species.

A.    Preserving Halsey’s Historic Character. The City encourages the preservation of its historic buildings. Historic preservation programs, including a storefront improvement program, tour of historic homes, nominations to the national Historic Register, and historic displays are encouraged and supported by the City of Halsey. Design standards for new construction encourage replication of design features found in Halsey’s historic buildings. By encouraging development inspired by history, Halsey hopes to enhance the appearance and character of the town as a whole.

B.    Halsey Register of Historic Properties. The Halsey Comprehensive Plan established a local Register of Historic Resources in order to protect and promote one of the community’s greatest assets. The register, located in Appendix “A” of the Halsey Comprehensive Plan, includes historic homes, commercial buildings, churches, and” industrial buildings. The register includes a description and photo of each property. Provisions related to designation and removal of specific properties are contained in the Comprehensive Plan. Table 3.6.130 provides a list of the buildings, structures and sites on the local register of historic places and identifies the structures that are also listed on the State of Oregon Register of Historic Resources.

Table 3.6.130
City of Halsey Register of Historic Properties

    See U. S. Fish and Wildlife, National Wetlands Inventory, website for additional information. National Wetlands Inventory - Wetlands Mapper

A.    Purpose. The purposes of this chapter are to:

1.    Protect human life, health and property;

2.    Minimize damage to public facilities and utilities such as water purification and sewage treatment plants, water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

3.    Help maintain a stable tax base by providing for the sound use and development of flood prone areas;

4.    Minimize expenditure of public money for costly flood control projects;

5.    Minimize the need for rescue and emergency services associated with flooding and generally undertaken at the expense of the general public;

6.    Minimize unnecessary disruption of commerce, access and public service during times of flood;

7.    Ensure that potential buyers are notified that property is in an area of special flood hazard;

8.    Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;

9.    Manage the alteration of flood hazard areas, and stream channels to minimize the impact of development on the natural and beneficial functions of the floodplain, and;

10.    Implement the City’s Comprehensive Plan policies regarding development within the floodplain.

B.    Findings of Fact. The following findings substantiate implementation of standards presented in this Chapter.

1.    The flood hazard areas of the City of Halsey are subject to periodic inundation that results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

2.    These flood losses are caused by structures in flood hazard areas, which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities.

3.    The City of Halsey has the primary responsibility for planning, adoption and enforcement of land use regulations to accomplish proper floodplain management.

C.    Applicability. This ordinance shall apply to all Areas of Special Flood Hazard within the jurisdiction of the City of Halsey, as identified on the zoning map through the 100-year Floodplain Overlay and through Section 3.7.110.A. Nothing in this Ordinance is intended to allow uses or structures that are otherwise prohibited by the zoning ordinance or State Building Codes.

A.    Basis for Areas of Special Flood Hazard. The Areas of Special Flood Hazard identified by the Federal Emergency Management Agency in its Flood Insurance Study (FIS) for Linn County, Oregon and Incorporated Areas, dated September 29, 2010, with accompanying Flood Insurance Rate Maps (FIRM) or Digital Flood Insurance Rate Maps (DFIRM), and other supporting data, are adopted by reference and declared a part of this ordinance. The FIS and the FIRM are on file at the office of the City Administrator at 773 West First Street, Halsey, Oregon 97348.

B.    Methods of Reducing Flood Losses. In order to accomplish its purpose, this ordinance includes methods and provisions to:

1.    Require that development that is vulnerable to floods, including structures and facilities necessary for the general health, safety and welfare of citizens, be protected against flood damage at the time of initial construction;

2.    Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion;

3.    Control filling, grading, dredging and other development which may increase flood damage or erosion;

4.    Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or that may increase flood hazards to other lands;

5.    Preserve and restore natural floodplains, stream channels, and natural protective barriers which carry and store flood waters, and;

6.    Coordinate with and supplement provisions of State Building Codes.

C.    Coordination with Building Codes. Pursuant to the requirement established in ORS 455 that the City of Halsey administers and enforces the State Building Codes, the City Council of the City of Halsey does hereby acknowledge that the State Building Codes contain certain provisions that apply to the design and construction of buildings and structures located in Areas of Special Flood Hazard. Therefore, this ordinance is intended to be administered and enforced in conjunction with the State Building Codes.

D.    Establishment of a Floodplain Development Permit. A Floodplain Development Permit shall be obtained prior to initiating Development activities in any Areas of Special Flood Hazard established by Section 3.7.100.C.

Any Floodplain Development Permit that requires an engineering certification or engineering analysis, calculations or modeling to process shall be considered as a Type II land use decision, in accordance with Chapter 4.2, Section 4.2.130, Type II Administrative Review. A Flood Development Permit will be a Type III Quasi-Judicial Review if the flood plain development permit is filed concurrently with another application which requires a Type III review.

1.    Floodplain Development Permit Exemptions. The following types of Development are exempt from the Floodplain Development Permit process:

a.    Construction of Fences and Walls within the Floodway Fringe. New and reconstructed fences are permitted within the Floodway Fringe and exempt from receiving Floodplain Development Permit approval, provided:

(1)    An opening or a flap is provided in the areas at or below the Base Flood elevation at least once every two fence panels or 16 ft., whichever is less. The minimum dimensions of the opening or flap shall not be less than 12 in. x 12 or 8 in. x 18 in. In areas of the Floodway Fringe where Base Flood Elevation data is not available, the opening or flap shall be placed within one ft. of the existing grade along the fence alignment;

(2)    Openings do not include any screening of any size or type; and

(3)    When used, flaps are capable of self-release and open to the full dimensions when under pressure of no greater than 20 pounds per square foot.

b.    Maintenance, Repair, and/or Replacement of Existing Public Infrastructure. Existing public infrastructure may be maintained, repaired, and/or replaced without approval of a Floodplain Development Permit provided:

(1)    The activities are limited to in-kind maintenance, repair, and/or replacement; and

(2)    No increase in the Base Flood Elevation results from the specified activity.

c.    Signs, markers, aids, etc. placed by a public agency to serve the public.

d.    Customary dredging associated with routine channel maintenance, provided it is consistent with State and Federal laws and permits.

e.    Accessory residential or noncommercial structures less than 200 square feet in area.

E.    Interpretation. In the interpretation and application of this ordinance all provisions shall be:

1.    Considered as minimum requirements;

2.    Liberally construed in favor of the governing body, and;

3.    Deemed neither to limit nor repeal any other powers granted under state statutes, including State Building Codes.

F.    Warning and Disclaimer of Liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside Areas of Special Flood Hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Halsey or by any officer or employee thereof for flood damages that result from reliance on this ordinance or an administrative decision lawfully made hereunder.

A.    Designation of a Floodplain Administrator. The City Administrator is hereby appointed as the Floodplain Administrator who is responsible for administering and implementing the provisions of this ordinance.

B.    Duties and Responsibilities of the Administrator. Duties of the Floodplain Administrator shall include, but not be limited to:

1.    Review all development permit applications to determine whether proposed new development or Substantial Improvement will be located in Areas of Special Flood Hazard;

2.    Review applications for modifications of any existing development in Areas of Special Flood Hazard for compliance with the requirements of this ordinance;

3.    Interpret flood hazard area boundaries, provide available flood hazard information, and provide Base Flood Elevations, where they exist;

4.    Review proposed development to assure that necessary permits have been received from governmental agencies from which approval is required by federal or state law, including but not limited to section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; the Endangered Species Act of 1973, 16 U.S.C. 1531-1544; and State of Oregon Removal-Fill permits. Copies of such permits shall be maintained on file;

5.    Review all development permit applications to determine if the proposed development is located in the floodway, and if so, ensure that the encroachment standards of Section 3.7.130.B are met;

6.    When Base Flood Elevation data or floodway data are not available, then the Floodplain Administrator shall obtain, review and reasonably utilize any Base Flood Elevation and floodway data available from a federal, state or other authoritative source in order to administer the provisions of this ordinance;

7.    When Base Flood Elevations or other engineering data are not available from an authoritative source, the Floodplain Administrator shall take into account the flood hazards, to the extent they are known, to determine whether a proposed building site or subdivision will be reasonably safe from flooding. Note: Oregon Residential Specialty Code R324.1.3 authorizes the Building Official to require the applicant to determine a Base Flood Elevation where none exists.

8.    Where interpretation is needed of the exact location of boundaries of the Areas of Special Flood Hazard including the regulatory floodway (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator shall make the interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation, as provided in Chapter 4.2, Section 4.2.130.F.

9.    Issue floodplain development permits when the provisions of this ordinance have been met, or deny the same in the event of noncompliance;

10.    Coordinate with the Building Official to assure that applications for building permits comply with the requirements of this ordinance;

11.    Obtain, verify and record the actual elevation in relation to the vertical datum used on the effective FIRM, or highest adjacent grade where no Base Flood Elevation is available, of the lowest floor level, including basement, of all new construction or substantially improved buildings and structures.

12.    Obtain, verify and record the actual elevation, in relation to the Vertical Datum used on the effective FIRM, or highest adjacent grade where no Base Flood Elevation is available, to which any new or substantially improved buildings or structures have been flood-proofed. When flood- proofing is utilized for a structure, the Floodplain Administrator shall obtain certification of design criteria from a registered professional engineer or architect;

13.    Ensure that all records pertaining to the provisions of this Chapter are permanently maintained in the office of the city/county clerk or his/her designee and shall be open for public inspection.

14.    Maintain a permanent record of all variances and report any variances to the Federal Emergency Management Agency upon request.

15.    Make inspections in Areas of Special Flood Hazard to determine whether development has been undertaken without issuance of a Floodplain Development Permit, ensure that development is undertaken in accordance with the Floodplain Development Permit and this ordinance, and verify that existing buildings and structures maintain compliance with this ordinance;

16.    Coordinate with the Building Official to inspect areas where buildings and structures in flood hazard areas have been damaged, regardless of the cause of damage, and notify owners that permits may be required prior to repair, rehabilitation, demolition, relocation, or reconstruction of the building or structure; and

17.    Make Substantial Improvement or Substantial Damage determinations based on criteria set forth in Chapter 4.3, Section 4.3.140.B.10.j.

A.    Site Improvements and Subdivisions.

1.    All proposed new development, Substantial Improvement, partitions, and subdivisions shall be consistent with the need to minimize flood damage and ensure that building sites will be reasonably safe from flooding.

2.    Building lots shall have adequate buildable area outside of floodways.

3.    New development proposals (including Substantial Development), partition development plans, and subdivision development plans shall include the mapped Flood Hazard Zones from the effective FIRM, if available.

4.    Base Flood Elevation data shall be generated and/or provided for Substantial Improvement, partition proposals, subdivision proposals, and all other proposed development, including manufactured home parks and subdivisions, consistent with Section 4.3.140.B.10.f.

5.    New development, Substantial Improvement, partitions, and subdivisions shall have public utilities and facilities such as sewer, gas, electric and water systems located and constructed to minimize flood damage.

6.    On-site waste disposal systems shall be located and constructed to avoid functional impairment, or contamination from them, during flooding.

7.    Partitions and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. In AO and AH Flood Hazard Zones, drainage paths shall be provided to guide floodwater around and away from all proposed and existing structures.

B.    Development in Floodways.

1.    Except as provided in Section 3.7.130.B.4, below, encroachments, including fill, new construction, substantial improvements, and other development are prohibited within the 1.0-ft. Floodway unless certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that such encroachment shall not result in any increase in flood levels during the occurrence of the Base Flood discharge.

2.    Any fill allowed to be placed in the Floodway shall be designed to be stable under conditions of flooding, including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and flood-related erosion and scour.

3.    Applicants shall obtain a Conditional Letter of Map Revision (CLOMR) from FEMA before an encroachment, including fill, new construction, Substantial Improvement, and other development, into the Floodway is permitted that will cause any increase in the Base Flood Elevation.

4.    Projects for stream habitat restoration may be permitted in the Floodway provided:

a.    The project qualifies for a Department of the Army, Portland District Regional General Permit for Stream Habitat Restoration (NWP-2007-1023);

b.    A qualified professional (a Registered Professional Engineer; or staff of NRCS; the county; or fisheries, natural resources, or water resources agencies) has provided a feasibility analysis and certification that the project was designed to keep any rise in Base Flood levels as close to zero as practically possible given the goals of the project;

c.    No structures would be impacted by a potential rise in flood elevation; and,

d.    An agreement to monitor the project, correct problems, and ensure that flood carrying capacity remains unchanged is included as part of the Floodplain Development Permit approval.

5.    Fences shall not cause any rise in Base Flood Elevation and are subject to the no-rise and CLOMR provisions of Sections 3.7.130.B.1 and 3.7.130.B.3, above.

C.    Flood Hazard Zones with Base Flood Elevations but No Floodway.

1.    In areas within Flood Hazard Zones A1-30 and AE on the community’s FIRM with a Base Flood Elevation, or where a Base Flood Elevation is developed according to Section 4.3.140.B.10.f, but where no regulatory floodway has been designated, new construction, Substantial Improvements, or other development (including fill) shall be prohibited, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the Base Flood more than one foot at any point within the community.

2.    Applicants of proposed projects that increase the Base Flood Elevation more than one foot should obtain from FEMA a Conditional Letter of Map Revision (CLOMR) before the project may be permitted.

D.    Flood Hazard Zones without Base Flood Elevations. The following standards apply in riverine Areas of Special Flood Hazard where no Base Flood Elevation data have been provided (Approximate A Flood Hazard Zones):

1.    When Base Flood Elevation or Floodway data have not been identified by FEMA in a Flood Insurance Study and /or Flood Insurance Rate Maps, the Floodplain Administrator shall obtain, review, and reasonably utilize scientific or historic Base Flood Elevation and Floodway data available from a federal, state, or other source, in order to administer this ordinance.

2.    Where the Floodplain Administrator has obtained Base Flood Elevation data, Section 3.7.130.C and Sections 3.7.130.E through 3.7.130.M shall apply.

E.    Building Design and Construction. Buildings and structures, including manufactured dwellings, within the scope of the State Building Codes, including repair of Substantial Damage and Substantial Improvement of such existing buildings and structures, shall be designed and constructed in accordance with the flood-resistant construction provisions of these codes, including but not limited to Section R324 of the Residential Specialty Code and Section 1612 of the Structural Specialty Code.

F.    Manufactured Dwellings.

1.    New and replacement manufactured dwellings are within the scope of the State Building Codes; and,

2.    All new manufactured dwellings and replacement manufactured dwellings shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

G.    Below Grade Crawlspaces. Below-grade crawlspace foundations are allowed, unless no Base Flood Elevations are available, provided that they conform to guidelines in FEMA TB 11-01, Crawlspace Construction for Structures Located in Special Flood Hazard Areas, applicable State Building Codes, and the following standards:

1.    The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the required openings stated in “2.”, below. Because of hydrodynamic loads, crawlspace construction is not allowed in areas with flood velocities greater than five (5) cubic feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer. Other types of foundations are recommended for these areas.

2.    The crawlspace is an enclosed area below the Base Flood Elevation, and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one (1) foot above the lowest adjacent exterior grade.

3.    Portions of the building below the Base Flood Elevation must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, or other materials that extend below the Base Flood Elevation. The recommended construction practice is to elevate the bottom of joists and all insulation above Base Flood Elevation.

4.    Any building utility systems within the crawlspace must be elevated above the Base Flood Elevation or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed above the Base Flood Elevation or sealed from floodwaters.

5.    The interior grade of a crawlspace below the Base Flood Elevation must not be more than two (2) feet below the lowest adjacent exterior grade.

6.    The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall must not exceed four (4) feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas.

7.    There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage by gravity or mechanical means.

8.    The velocity of floodwaters at the site should not exceed five (5) cubic feet per second for any crawlspace. For velocities in excess of five (5) cubic feet per second, other foundation types should be used.

H.    Accessory Structures. Relief from the elevation or dry flood-proofing standards may be granted for an accessory structure containing no more than 100 square feet. Such a structure must meet the following standards:

1.    It shall not be subject to the State Building Codes;

2.    The accessory structure shall be located on the same property as a permitted primary use;

3.    It shall not be used for human habitation and may be used solely for parking of vehicles or storage of items having low damage potential when submerged;

4.    Toxic material, oil or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality shall not be stored below the Base Flood Elevation, unless confined in a tank installed in compliance with this ordinance;

5.    It shall be constructed of flood resistant materials;

6.    It shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;

7.    It shall be firmly anchored to prevent flotation;

8.    Services such as electrical and heating equipment shall be elevated or flood-proofed to or above the Base Flood Elevation; and

9.    It shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. Designs for complying with this requirement must be certified by a licensed professional engineer or architect; or

a.    provides a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

b.    the bottom of all openings shall be no higher than one foot above the higher of the exterior or interior grade or floor immediately below the opening; and

c.    openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both directions without manual intervention.

I.    Recreational Vehicles. In all Areas of Special Flood Hazard, Recreational Vehicles that are an allowed use or structure under the zoning ordinance must either:

1.    Be placed on the site for fewer than 180 consecutive days;

2.    Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached structures or addition, or

3.    Meet all the requirements of Section 3.7.130.F, including the anchoring and elevation requirements.

J.    Critical Facilities. Construction of new Critical Facilities shall be, to the extent possible, located outside the limits of Areas of Special Flood Hazard. Construction of new Critical Facilities shall be permissible within Areas of Special Flood Hazard if no feasible alternative site is available. Critical Facilities constructed within Areas of Special Flood Hazard shall have the lowest floor elevated three feet above Base Flood Elevation (or depth number in AO Flood Hazard Zones) or to the height of the 0.2 percent flood (i.e., 500-year), whichever is higher. Access to and from the Critical Facility should also be protected to the height utilized above. Flood-proofing and sealing measures must be taken to ensure that toxic substances or priority organic pollutants as defined by the Oregon Department of Environmental Quality will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the Base Flood Elevation shall be provided to all Critical Facilities to the extent possible. Any grade transition necessary to achieve the access protection requirement shall be achieved outside of Areas of Special Flood Hazard. The Floodplain Administrator shall make the determination as to whether or not a Critical Facility’s access and siting have achieved this provision’s standard of “to the maximum extent possible.”

K.    Tanks. In all Areas of Special Flood Hazard, the following provisions apply to storage tanks that are an allowed use or structure under the zoning ordinance.

1.    Underground tanks in Areas of Special Flood Hazard shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy assuming the tank is empty, during conditions of the design flood;

2.    Above-ground tanks in Areas of Special Flood Hazard shall be:

a.    Elevated to or above the Base Flood Elevation (or depth number in AO Flood Hazard Zones) and attached to a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood; or be

b.    Anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy assuming the tank is empty, during conditions of the design flood.

3.    Tank inlets, fill openings, outlets and vents shall be:

a.    A minimum of 2 feet above the Base Flood Elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tank during conditions of the design flood; and

b.    Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.

L.    On-site Sewage Systems. In all Areas of Special Flood Hazard, the following provisions apply to on- site sewage systems that are an allowed use or structure under the zoning ordinance.

1.    Soil absorption systems shall be located outside of Areas of Special Flood Hazard. Where suitable soil absorption sites outside of the Areas of Special Flood Hazard are not available, the soil absorption site is permitted to be located within the Areas of Special Flood Hazard provided it is located to minimize the effects of inundation under conditions of the Base Flood.

2.    Mound systems in Areas of Special Flood Hazard are prohibited.

M.    Fences and Walls. New fencing and walls shall be designed to collapse under conditions of the Base Flood or to allow the passage of water by having flaps or openings in the areas at or below the Base Flood Elevation sufficient to allow flood water and associated debris to pass freely. The design standards in Table 3.7.100 shall apply to all fencing and walls erected within the Areas of Special Flood Hazard identified in Section 3.7.100.C. For those types of fencing and walls requiring adequate openings between the base and Base Flood Elevation, such openings shall be provided at least once every three fence panels or 24 feet, whichever is less. Fences less than 24 feet in length shall have at least one flap or opening in the areas at or below the Base Flood Elevation. The minimum dimensions of the flap or opening shall not be less than 12"x12" or 8"x18". Openings shall not include any screening of any type or size. If flaps are used, they may be secured to allow closure during normal use, but must be capable of self-release and opening to full dimensions when under pressure of no greater than 20 pounds per sq. ft.

Table 3.7.130.M - Fence and Wall Design Standards

N.    Other Development in Non-coastal High Hazard Areas. All development in non-coastal high hazard areas (A Flood Hazard Zones) for which specific provisions are not specified in this ordinance or State Building Codes, shall:

1.    Be located and constructed to minimize flood damage;

2.    Be designed so as not to impede flow of flood waters under Base Flood conditions;

3.    If located in a Floodway, meet the limitations of Section 3.7.130.B, above;

4.    Be anchored to prevent flotation or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood;

5.    Be constructed of flood damage-resistant materials;

6.    Have electric service and or mechanical equipment elevated above the Base Flood Elevation (or depth number in AO Flood Hazard Zones), except for minimum electric service required to address life safety and electric code requirements.

O.    Temporary Storage, Structures, and Bridges. A Floodplain Development Permit is required for construction or placement of temporary structures, temporary storage associated with non- residential uses, and temporary bridges located in Areas of Special Flood Hazard:

1.    Temporary structures, not including bridges, shall be limited as to time of service, but shall not be permitted for more than 90 days. The Floodplain Administrator is authorized to grant extensions for demonstrated cause; such cause shall reaffirm the temporary nature of the structure. Temporary structures shall be anchored to prevent flotation, collapse, or lateral movement.

2.    Temporary storage of 50 cubic yards or more shall be limited as to time of service but shall not be permitted for more than 90 days. The Floodplain Administrator is authorized to grant extensions for demonstrated cause; such cause shall reaffirm the temporary nature of the storage. Stored material shall be anchored or contained to prevent flotation or release outside the assigned storage area. Hazardous materials priority persistent pollutants identified by the Oregon Department of Environmental Quality shall not be stored in the Floodway.

3.    Temporary encroachments in the Floodway (including bridges) require a Floodplain Development Permit subject to conditions “a.” through “g.”, below. No CLOMR/LOMR is required.

a.    The Floodplain Development Permit shall stipulate the days and dates the structure or other development will be on site based on the existing and expected hydrologic conditions within the Floodway. If a longer period is required, a new permit shall be issued.

b.    A flood warning plan for the project shall be in place to allow equipment to be evacuated from the site and placed outside the Floodplain.

c.    Placement of equipment in the Floodway shall be restricted to only that equipment which is absolutely necessary for the purposes of the project. All other accessory equipment and temporary structures (i.e. construction trailers) shall be restricted from the Floodway. Structures shall be placed on site so that flood damages are minimized.

d.    Temporary changes to the Floodplain under a one (1) percent chance flood event (100-year Flood) shall be identified.

e.    All insurable structures affected by any increase in Base Flood Elevation during a one (1) percent chance flood event (100-year Flood) shall be identified.

f.    The applicant shall be notified that they may be liable for any flood damages resulting from the temporary structure.

P.    Watercourse Alterations. A water course is considered altered when any change occurs within its banks, including installation of new culverts and bridges, or size modifications to existing culverts and bridges (as shown on effective FIRM).

1.    The bankfull flood carrying capacity of the altered or relocated portion of the water course shall not be diminished. Prior to issuance of a Floodplain Development Permit, the applicant must submit a description of the extent to which any water course will be altered or relocated as a result of the proposed development and submit certification by a registered professional engineer that the bankfull flood carrying capacity of the water course will not be diminished.

2.    Adjacent communities, the U.S. Army Corps of Engineers, Oregon Department of State Lands, and Oregon Department of Land Conservation and Development must be notified prior to any alteration or relocation of a water course. Evidence of notification must be submitted to the Floodplain Administrator and to the Federal Emergency Management Agency.

3.    The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of the water course so that the flood carrying capacity will not be diminished.

4.    The applicant shall meet the requirements to submit technical data in Sections 4.3.140.B.10.h when an alteration of a watercourse, including the placement of culverts, results in the relocation or elimination of Areas of Special Flood Hazard.

Q.    Non-conversion of Enclosed Areas below the Lowest Floor. To ensure that the areas below the Base Flood Elevation continue to be used solely for parking vehicles, limited storage, or access to the building and not be finished for use as human habitation without first becoming fully compliant with the floodplain management ordinance in effect at the time of conversion, the Floodplain Administrator shall:

1.    Determine which applicants for new construction and/or substantial improvements have fully enclosed areas below the lowest floor that are five (5) feet or higher;

2.    Enter into a “NON-CONVERSION AGREEMENT FOR CONSTRUCTION WITHIN FLOOD HAZARD AREAS” or equivalent with the City of Halsey. The agreement shall be recorded with the Linn County as a deed restriction. The non-conversion agreement shall be reviewed and approved by the Floodplain Administrator; and

3.    Have the authority to inspect any area of a structure below the Base Flood Elevation to ensure compliance upon prior notice of at least 72 hours.