(1) Access. No development may occur unless the development has frontage or approved access to a public or private street and the following standards are met:

(2) General. The location, width, and grade of streets must be considered in their relation to existing and planned streets, topographical conditions, public convenience and safety, and the proposed use of land to be served by the streets. The street system must assure an adequate traffic circulation system with intersection angles, grades, tangents, and curves appropriate for the traffic to be carried considering the terrain. Subdivisions must provide for the continuation of the principal streets existing in the adjoining subdivision or of their proper projection. Where, in the opinion of the Planning Commission, topographic conditions make such continuation or conformity impractical, exception may be made. In cases where the City has adopted a master development plan, street plan, or plat of a neighborhood or area of which the development is a part, the development must conform to such adopted plans or plat.

(3) Existing Streets. Whenever existing streets, adjacent to or within a development, are of inadequate width to accommodate the increase in traffic expected from the development or by the City’s transportation policies, additional right-of-way must be provided at the time of the land development by the applicant. During consideration of the development, the City Public Works Director will determine whether the improvements to existing streets, adjacent to or within the development, are required. If so determined, such improvements shall be required as a condition of approval of the application. Improvements to adjacent streets shall be required where traffic on said streets is directly affected by the proposed development.

(4) Minimum Right-of-Way and Roadway Width. The street right-of-way and roadway surfacing widths must be in conformance with standards and specifications set forth in the design and construction standards.

(5) Extension of Streets. Streets must be extended “to and through” the development, meaning that streets meeting the design and construction standards are extended along all frontages. The resulting dead-end streets may be approved without a permanent turn-around.

(6) Frontage and Access. If a development abuts or contains an existing or proposed collector or arterial street, the Public Works Director shall restrict or limit access by means consistent with the design and construction standards. The Public Works Director may require private streets with access easements, reciprocal access easements, access restriction agreements, reserve strips, or similar requirements to achieve the objectives of this subsection. Provision may be made for emergency access. All private streets and access drives must comply with applicable standards set forth in the design and construction standards.

(7) Continuation of Streets. New streets or street extensions that constitute the continuation of existing streets in contiguous territory must be aligned along their respective centerlines to produce a straight street. Where straight line continuations are not possible, such centerlines shall be continued as curves. These streets or the continuation of streets in contiguous territory may be required by the Public Works Director where such continuation is necessary to maintain the function of the street or desirable to support development of the surrounding area. Where solar orientation would not be possible if the street area continued, a new pattern acceptable to the Public Works Director may be started that is solar-oriented.

(8) Street Layout. Streets should be oriented to form a grid to the greatest possible extent.

(9) Intersection Angles. Street intersections must be as near right angles as possible except where topography requires a lesser angle, but in no case shall the acute angle be less than 60 degrees.

(10) Street Names. Except for extensions of existing streets, no street name may be used which will duplicate or be confused with the name of an existing street in a nearby city or in the County. Street names and numbers must conform to the established pattern in the City and are subject to the approval of the Fire Department and Public Works Director.

(11) Alignment and Separation. The alignment of streets and the separation distances between streets shall be governed by the design and construction standards. [Ord. 933 § 4.2, 2019.]

(1) Sidewalks. Sidewalks are required to be installed along all frontages of the subject property and on both sides of internal streets unless waived by the Public Works Director. The location of the sidewalks, whether curb side or property lines, will be determined by the Public Works Director.

(2) Bicycle Routes/Multi-Use Paths. If appropriate to the extension of a system of bicycle routes and multi-use paths, existing or planned, the City may require the installation of separate bicycle lanes within streets and/or the dedication of easements or rights-of-way for multi-use paths. [Ord. 933 § 4.3, 2019.]

(1) Underground Facilities. All permanent utility services, both existing and any new proposed utilities infrastructure, must be provided from underground facilities and no overhead utility service shall be permitted; with the exception of poles or electroliers used exclusively for street lighting and other equipment appurtenant to underground facilities which are impractical for the utility companies to install underground. All development must:

(2) Utility Easements. Easements must be provided along property lines when necessary for the placement of utilities. Such easements must be “public utility easements” and must be marked as such on a final plat or any instrument dedicating such easements. Unless otherwise approved by the Public Works Director, utility easements must be at least 12 feet in width and centered on lot lines where possible.

(3) Deferred Development. Locating or relocating utility installations underground for any development may be deferred when, in the discretion of the Public Works Director, impacts on existing utilities, timing of utility projects, or other considerations make deferral advantageous. Any such deferral must be memorialized in an instrument recorded against the property. [Ord. 933 § 4.5, 2019.]

(1) Purpose. This section sets standards and requirements for planting trees along all streets for shading, comfort, safety, and aesthetic purposes and is intended to implement the City of Madras Urban Forestry Plan. Requirements for street tree planting and tree wells are provided herein. Planting along unimproved streets must be deferred until after the construction of curbs and sidewalks. Such deferrals must be secured with a bond or cash deposit acceptable to the City. Street trees must conform to the following standards and guidelines:

(1) Street Lighting. The developer must provide street lighting with underground wiring to the standards set forth in the design and construction standards.

(2) Fire Hazards. The Fire Marshal must approve the placement of fire hydrants or other firefighting apparatus, and the points of access to the subdivision to provide the residents adequate fire safety and assured access for emergency vehicles and ease resident evacuation.

(3) Water/Sewer. All development must provide water and sewer lines “to and through” the proposed development, be constructed to the design and construction standards, and approved by the City Public Works Director. All lots must be served from the City of Madras water system or by water systems acceptable to the City. Water mains and service lines must be installed prior to the curbing and paving of new streets. [Ord. 933 § 4.7, 2019.]

(1) Grading. Except with the approval of the Public Works Director, grading or clearing is not permitted prior to receipt of land use approval. All grading must be performed to the standards set forth in the design and construction standards including, without limitation, requirements for dust abatement and noxious weed prevention.

(2) Drainage. Unless otherwise approved by the Public Works Director, all drainage must be managed on site. All development requiring grading must submit a stormwater management plan prepared by a licensed engineer demonstrating how the development will comply with the design and construction standards.

(3) Watercourse. If a development is traversed by a watercourse, such as a drainage way, channel, or stream, the developer must dedicate a stormwater easement or drainage right-of-way conforming substantially with the lines of the watercourse or in such further width as will be adequate for the purpose as determined by the Public Works Director. Streets or parkways parallel to major watercourses and drainage ways may be required. [Ord. 968 § 2.6 (Exh. F), 2022; Ord. 933 § 4.8, 2019.]

(1) If special building setback lines are to be established as part of a development, they must be shown on the tentative plan or other submittal document and memorialized on the final plat or in other deed restrictions satisfactory to the City.

(2) If development is proposed along a street with substandard right-of-way, development on the subject property must be set back a distance from the centerline of the right-of-way equal to one-half (1/2) of the applicable minimum right-of-way width based on street classification as identified in the Transportation System Plan, plus the applicable setback for the zone in which the subject property is located. [Ord. 933 § 4.9, 2019.]

(1) Plan Review and Approval. Improvement work must not be commenced until plans have been reviewed by the Subdivision Committee established pursuant to MDC 18.60.040. To the extent necessary for evaluation of a proposed development, such improvement plans may be required before land use approval.

(2) Improvements as Approved. Improvements must be designed, installed, and constructed as approved.

(3) Improvement Plans. Plans and maps stamped by a licensed engineer showing public improvements must be filed with the City Public Works Department prior to commencing the work.

(4) Inspection. Improvements must be constructed under the inspection and approval of the Public Works Director. The Public Works Director may accept certification of a registered professional engineer consistent with ORS 92.097. Expenses incurred shall be borne by the applicant.

(5) As-Built. “As-built” drawings stamped by a licensed engineer must be filed with the City upon completion of the public improvements. [Ord. 933 § 4.10, 2019.]

(1) All subdivisions must dedicate at least eight percent (8%) of the gross area of the property proposed to be subdivided to the City of Madras for public parks, open space, trails, and other recreational purposes.

(2) The Public Works Director will determine the manner in which the property is dedicated or conveyed to the City including, without limitation, the form of the instrument and the timing of the dedication or conveyance.

(3) Property dedicated to the City for public parks, open space, trails, and other recreational purposes should be located to ensure maximum access, visibility, use, reduce maintenance needs, to maintain public safety, and minimize adverse impacts to neighboring residents and must otherwise:

(4) Trails crossing public right-of-way used for vehicular transportation (i.e., road crossings) must comply with standards specified in the City’s Transportation System Plan, Trails Plan, Safe Routes to School Plan and Americans with Disabilities Act (ADA) including, without limitation, location, sight distances, and construction specifications.

(5) The Public Works Director, in his or her sole discretion, may allow a payment in lieu for all or a part of the required dedication of property to the City of Madras for public parks, trails, and recreational purposes. If a developer is permitted to pay fees to the City of Madras in lieu of dedicating property, the fees must be equal to eight percent (8%), or a proportionately lesser amount if a partial dedication/partial fee in lieu is approved, of the real market value (RMV) of the property proposed to be subdivided. The RMV of the property shall be established from the most recent tax assessment for the property proposed to be subdivided by the Jefferson County Assessor.

(6) Expenditure of Funds. Funds collected from a developer in lieu of dedicating public park, trail, and recreation land shall be credited to a park acquisition and development fund and must be deposited with the City Finance Director prior to the final plat of the subdivision (for multi-phase subdivisions, prior to phase 1 final plat approval). Such funds may be expended only on order of the City Council for the purpose of acquiring, developing, or maintaining existing land for parks, trail, or recreational purposes. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 4.12, 2019.]

(1) Authority to Grant Waiver, Modification, or Deferral. Waivers, modifications, and/or deferrals of the standards of this chapter and/or the design and construction standards may be granted as part of a development approval only if the criteria of subsection (2) of this section are met.

(2) Criteria. The Public Works Director may waive, modify, or defer any requirement of the Public Improvement Standards and/or the design and construction standards if the Public Works Director finds that: (1) the waiver or modification will not harm or will be beneficial to the public in general; (2) the waiver or modification is not inconsistent with the general purpose, or any City plans or policies, of ensuring adequate public facilities; and (3) one or more of the following conditions are met:

(3) Other Requirements Not Waived. Any waivers under this section do not exempt the developer from submitting plans that meet all other applicable specifications.

(4) Application Requirements. The application for a waiver, modification, or deferral must be in writing submitted as part of a development application and shall be subject to applicable fees established by the City Council. The application must specify which requirement(s) of this chapter and/or the design and construction standards are at issue and which of the condition(s) listed above are met. The application must contain a statement explaining why the deviation from the required standards is necessary and why the waiver or modification sought will not harm or will be beneficial to the general public.

(5) Conditions. The City may impose any condition of approval necessary to satisfy the purposes of this chapter, including, without limitation, requiring a signed agreement not to remonstrate against the formation of a local improvement district. [Ord. 933 § 4.13, 2019.]

(1) A developer may, in lieu of constructing required public improvements, request the City Administrator to approve an agreement between himself and the City specifying the schedule by which the required improvements and repairs must be completed; provided, however, any schedule of improvements agreed to must not exceed three years from the date the approval establishing the required improvements becomes final. The agreement must also provide the following information:

(2) The City Administrator may reject an agreement authorized by this section for any reason the Administrator deems sufficient. [Ord. 933 § 4.14, 2019.]

(1) If the City Administrator allows a developer to enter into an improvement agreement in lieu of completing required improvements, the developer must file one of the following to assure full and faithful performance under the improvement agreement:

(2) The value of the security provided by the developer must be for one hundred twenty percent (120%) of the cost of the improvements and repairs as determined by the Public Works Director.

(3) If the developer fails to carry out the provisions of the agreement, the City may call upon the bond, cash deposit, or other security to finance any cost or expenses resulting from said failure. The City may also elect to form a local improvement district to lien the properties in accordance with the relevant provisions of Oregon State Law and Madras City Code. If the amount of the deposit or bond exceeds the cost and expense incurred by completing the improvements, the City shall release the remainder. If the amount of the deposit or bond is less than the cost and expense incurred by the City for the improvements and repairs, the developer is liable to the City for the difference. [Ord. 933 § 4.15, 2019.]

(1) Upon receipt of written application and appropriate filing fee for a street dedication, the request shall be forwarded to the Public Works Director for review and recommendation.

(2) If access to a County road or state highway is planned, the necessary permits must be obtained prior to approval.

(3) The Public Works Director shall forward the proposal to the City Council for a public hearing.

(4) The only notice required for a hearing under this section shall be by publication.

(5) The City Council may accept, reject, or accept the proposal with conditions to the proposed dedication. [Ord. 933 § 4.18, 2019.]