Medford City Zoning Code
ARTICLE IV
Public Improvement Standards and Criteria
10.471 Public Utility Easements.
At the time of development review, public utility easements ten feet in width shall be provided adjoining all lot lines abutting a street, or as otherwise required by the City of Medford.
10.472
[Repealed Sec. 18, Ord. No. 2009-207, Sep. 17, 2009.]
10.473 Slope Easements.
The approving agency may require a perpetual unobstructed easement adjacent to a public right-of-way where the slope of the land is such that earth movements could damage a public right-of-way where the natural vegetative cover shall not be disturbed.
10.474 Open Space Easements.
The approving authority may require a perpetual conservation easement over riparian corridors, wetland protection areas, flood plains, or other areas of unique natural condition.
10.475 General Public Easements.
An unobstructed easement shall be provided across property outside the right-of-way and with satisfactory access to the street in the following situations:
(1) When topography or other conditions make inclusion of storm drainage facilities, sanitary sewers, or water lines impractical within the street right-of-way. When a proposed drainage system will carry water across private land outside the development, appropriate drainage rights must be secured.
(2) For access to maintain storm drainage facilities in certain waterways as identified in the Medford Comprehensive Storm Drainage Master Plan. Such easement shall have an improved surface constructed to City standards by the developer.
10.476 Easements for Reservation of Right-of-Way and Utilities.
A reservation of right-of-way and utilities is an easement to the City that provides for access and utilities to otherwise landlocked properties as part of a developer tract land division. A reservation of right-of-way and utilities can only be used as part of a developer tract land division in which a tentative plat of an associated subdivision has been approved. All of the standards and limitations listed below apply to easements for reservations of right-of-way and utilities.
(1) The reservations shall be located on one or more of the streets as depicted on the associated subdivision tentative plat and shall be the required width of the future street classification, plus 10 feet on each side for future utility easements, to ensure access and utilities will be available to all adjoining units of land. It also allows adjoining units of land, that are otherwise landlocked, the opportunity to build a street connection for development purposes.
(2) A reservation of right-of-way and utilities document, in a form provided by or otherwise approved by the City Attorney’s Office, and containing a provision describing the standards and procedure for extinguishment, shall be submitted with the developer tract final plat. It shall be recorded with Jackson County for each developer tract. The recording number shall be placed on the developer tract final plat.
(3) The reservation of right-of-way and utilities may be extinguished by the following:
(a) When the associated subdivision receives final plat approval and the street or streets are dedicated, the reservation may be extinguished as per the reservation of right-of-way and utilities document.
(b) If a revised subdivision plat layout is approved for the associated subdivision that changes the reservation location but still provides access points, utility connections, and frontage to adjoining properties, the reservation may be extinguished and a new one created as per the reservation of right-of-way and utilities document.
10.481 Improvement Standards Adopted.
Except as otherwise set forth in this chapter the Standard Specifications for public works construction by Oregon Chapter, American Public Works Association, City of Medford standards, the Rogue Valley Stormwater Quality Design Manual, and the Medford Water Commission Standards for Design and Constructing Water Facilities, all of which standards are hereby incorporated herein by reference, are hereby adopted as minimum design and improvement standards for all streets, sidewalks, driveways, storm drain facilities, street lighting, water facilities, and other development improvements in the City of Medford. In the event that there be any conflict between the standards and specifications set forth in said above referenced pamphlets and any of the standards of specifications specifically contained elsewhere in this code, the latter shall prevail.
10.482 Public Improvement Plan Requirements.
(1) Prior to the issuance of a development permit and prior to commencement of improvement work, plans and specifications for all public improvements shall be prepared by a professional engineer registered in the State of Oregon in accordance with the design and improvement standards of this Code, and shall be submitted to and reviewed by the City Engineer, except water system plans which shall be submitted to and reviewed by the Medford Water Commission.
(2) All public improvements shall be constructed and completed under the inspection of and with the approval of the City Engineer.
(3) Without limiting the foregoing, and using City data, public improvement plans shall include typical cross sections and proposed finished grades of all streets together with a profile showing the relationship between finished grade and existing ground elevations, and the lengths, sizes, grades, and type of all pipes, culverts, and other structures.
(4) Public improvement plans and specifications shall contain performance data reviewed by the developer's engineer demonstrating compliance with all design requirements of this Code. City and Water Commission personnel who check and/or approve public improvement plans and specifications are authorized to accept such performance data at face value without independently verifying the accuracy thereof.
(5) Public improvement plans and specifications for shared-use paths shall also include the location of the centerline of the path on the final construction drawings that is substantially consistent with the location approved in the land use review. A landscape and irrigation plan, if applicable, shall be prepared by an Oregon licensed landscape architect and submitted with the final construction drawings. In the case of a City-initiated shared-use path, the landscape plan may be prepared by Parks Recreation and Facilities Department staff.
10.485 Storm Drainage Requirements.
(1) Subterranean storm drains shall be designed and installed by the developer to adequately and safely drain all storm waters of a development and all surface waters reaching, or reasonably calculated to reach, said development from areas outside of its boundaries, and to ultimately drain the same to an approved watercourse.
(2) Drainage to a watercourse shall be either by the direct discharge into the same or by connection with adjacent existing storm drains already discharging into a water course and of a capacity sufficient, in the opinion of the City Engineer, to adequately and safely carry all of such additional drainage.
(3) When a proposed development may adversely impact a storm drainage system, the City Engineer may recommend to the approving authority that the developer have prepared by a registered engineer, a Storm Drainage Plan for review and approval prior to final action on the plan authorization. (Effective Dec. 1, 2013.)
(4) The storm drain system shall consist of mains of not less than twelve (12) inches in diameter, together with such manholes, catch basins, laterals, water quality and flow control facilities, and other structures, and at such grades as required by the City Engineer to conform to good drainage requirements for the area and for the topography of the development to prevent standing waters or flooding within and outside of its boundaries.
10.486 Stormwater Facilities, Public Streets.
(1) Purpose. It is the City’s policy to maintain the natural hydrology, protect water quality, avoid impacts to private properties, and preserve capacity in the City storm drain system by mitigating the direct impacts of development.
(2) Applicability. Developments containing publicly maintained streets shall provide stormwater facilities in compliance with the Rogue Valley Stormwater Quality Design Manual, adopted by reference in Section 10.481, and the following:
(a) Stormwater quality treatment and retention shall be addressed when constructing or reconstructing streets and associated surfaces containing 5,000 square feet or more of impervious surface.
(b) Stormwater quality treatment, retention, and detention shall be addressed when constructing or reconstructing streets and associated surfaces containing 10,000 square feet or more of impervious surface.
(c) Exemptions from these requirements are outlined in the Rogue Valley Stormwater Quality Design Manual, adopted by reference in Section 10.481.
(d) As used in this section, “stormwater facility” refers only to a facility that provides one or more of the following: stormwater quality treatment, detention, or retention.
(3) Construction and Maintenance Standards.
(a) Stormwater facilities shall be designed and constructed in conformance with Section 10.481, Improvement Standards Adopted.
(b) The stormwater facility design shall be approved by the City Engineer or designee prior to construction.
(c) Stormwater facilities that receive stormwater runoff from a publicly maintained street shall be publicly maintained.
(d) Stormwater facilities that do not receive stormwater runoff from a publicly maintained street are subject to Section 10.729.
(e) For residential land divisions which have publicly maintained streets, the drainage from the public streets and the private property shall be combined into a single stormwater facility.
(i) The combined facility shall be publicly maintained.
(ii) As an alternative, the facility may be privately maintained provided:
(A) A Declaration of Covenants for the Operation and Maintenance of Stormwater Facilities and an Operation and Maintenance Agreement, in a form acceptable to the City Engineer and the City Attorney, are signed and recorded by the responsible parties. A recorded copy must be submitted to the Public Works Engineering Division.
(B) The facility shall be constructed to the same standards that it would be if publicly maintained.
(f) For commercial, multiple-family, and industrial developments, private stormwater facilities shall be provided at the time of development. The drainage from the public right-of-way in these developments shall have a separate facility, shall be constructed at the time of the street construction, and shall be maintained by the public.
(g) For PUDs, the areas that are residential land divisions are subject to subsection (3)(e) of this section and the areas that are commercial, industrial and multiple-family developments are subject to subsection (3)(f) of this section.
(h) Aboveground Stormwater Facilities Required. Developments greater than five net acres in size, that include publicly maintained streets, shall set aside up to two percent of the net area to be developed as ponds or other aboveground stormwater facilities as needed for the runoff from publicly maintained streets.
(i) This requirement is satisfied if all the stormwater facilities required for the public street runoff are aboveground stormwater facilities and are less than two percent of the gross area, or if stormwater facilities are not required for public street runoff.
(ii) This requirement is satisfied if the development utilizes off-site aboveground stormwater facilities in lieu of on-site stormwater facilities.
(iii) If open space is required for the development (such as with urbanization plans), then the aboveground stormwater facilities may be counted as open space.
(iv) This requirement may be waived if an analysis prepared by a professional engineer demonstrates that it is infeasible for the street runoff to be collected in an aboveground stormwater facility due to site constraints such as topography. The analysis shall be approved by the City Engineer.
10.487 Drainage into Adjacent Drains.
Whenever a developer proposes to drain the development's storm and surface waters in accord with Section 10.485, Storm Water and Sewage, to a watercourse by means of connection with and use of existing drains at his own cost and expense outside of said development and if such adjacent drains and facilities have been dedicated to the public, the developer shall be required to pay a reasonable charge to the City for the connection and use of such outside public drainage system. Such cost shall in no event exceed the estimated cost to the developer of constructing independent exterior drainage facilities to adequately carry such waters from the development to the nearest accessible natural watercourse.
10.488 Oversize Storm Drains and/or Sanitary Sewers, SDC Credits.
Whenever, in the determination of the approving agency, it is necessary that oversize conveyance facilities for storm drainage and/or sanitary sewers be installed by the developer which can or will be used for the immediate or future benefit of property not within the development, the developer shall be required to install such facilities in addition to the infrastructure requirements for the subject development, and the developer may be eligible for credits under Section 3.891 (Storm Drain SDC Credits), or Section 3.835(2) (Sanitary Sewer SDC Credits) of the Medford Code.
10.490 Sanitary Sewers.
The developer shall connect said development and each of the lots thereof to the existing sanitary sewer facilities in the area by the installation of such additional mains and laterals as are necessary to adequately serve the same by sanitary sewers. Development using sewage disposal systems other than sanitary sewers will not be permitted.
10.492 Sanitary Sewer Design.
All sanitary sewer facilities shall be of a total gravity systems design installed in public or private street right-of-way or public easement to grades, standards, location, lengths and sizes, as approved by the Department of Environmental Quality and the City Engineer. During the tentative plat review for a subdivision, the City may require a developer to identify the intended housing types for the purpose of infrastructure planning. The City may require a demonstration that there is sufficient sewer capacity to serve the proposed number of units. If there is not sufficient planned capacity determined from the tentative plat review to accommodate the proposed number of units, the City may require a developer to remedy the deficiency before issuing any building permits. If a developer applies for a building permit for middle housing after final plat on a subdivision approved after July 1, 2022, where the intended housing type was not identified as middle housing, the City may require a developer to demonstrate there is sufficient infrastructure to serve the proposed middle housing units.
10.493 Off-site Sanitary Sewer and Storm Drain Reimbursement.
Whenever it is necessary that off-site sanitary sewer and/or storm drain conveyance facilities be installed by the developer which can or will be used for the benefit, immediate or future, of property not in the development, the developer shall be required to install such facilities in addition to his own on-site improvements, and may then apply to the City for formation of a Reimbursement District in accordance with Section 3.900 through 3.913 of the Medford Code for recovery of all or part of the excess costs of the off-site sanitary sewer and/or storm drain facilities.
10.495 Street Lighting and Pedestrian-Scale Street Lighting.
Street lighting shall be required of new development having frontage on a public or private street, and shall be furnished and installed by the developer in accordance with the standards in either Subsections (1) or (2). The street lighting and pedestrian scale street lighting requirements of the Southeast Overlay District shall be as specified in 10.380. Except as otherwise provided in this section, the City shall assume ownership and payment of on-going electrical energy costs for new street lights and pedestrian scale street lights within public street rights-of-way upon acceptance of the lights by the City.
(1) Standard Street Lighting Requirements. Except as otherwise provided in 10.495, the design and improvement standards for street lighting and pedestrian-scale street lighting are as described in the “City of Medford Street Lighting Standards and Specifications”, a copy of which is on file in the Public Works Department and hereby adopted.
(a) Quantity and Spacing. Street lights shall be installed at least every 220 feet except in the following situations:
(i) Cul-de-sacs shall have at least one (1) street light regardless of length.
(ii) Industrial streets as defined herein shall have at least one (1) street light at each street intersection.
(iii) Developments having 200 or more feet of frontage on an existing street shall have at least one (1) street light for the first 200 feet plus one (1) street light per each 220 feet of additional frontage.
(iv) Developments having less than 200 feet of frontage on an existing street shall enter into a Deferred Improvement Agreement for future street light installation.
(b) Illuminance. Street lighting shall meet the following illuminance standards. The illuminance values, expressed in footcandles as defined herein, represent roadway average maintained values.
Illuminance Standards Measured in Footcandles
Street Classification | Commercially Zoned Areas | All Other Areas |
|---|---|---|
Arterial | 2.0 | 1.4 |
Collector | 1.2 | 0.9 |
All Other Classifications | 0.9 | 0.6 |
(c) Shielding. Street lights and pedestrian-scale street lights shall be designed or shielded so as to prevent light from being emitted above the fixture.
(d) Street Trees. The location of street lights and pedestrian-scale street lights shall be coordinated with street tree planting plans where required or utilized.
(2) Non-Standard and Private Street Lighting and Pedestrian Scale Street Lighting Requirements.
The approving authority may authorize the use of non-standard or private street lighting, including pedestrian scale street lighting, where such lighting is equal to or better than the standards of 10.495(1) as determined by the Director of the Medford Public Works Department or his/her designee.
(a) Public Streets. For public streets, street lighting and pedestrian-scale street lighting that differs from the standard street lighting requirements may be installed on streets other than collectors and arterials, in accordance with the following:
(i) At least one street light shall be installed at each street intersection and at any pedestrian street crossing other than at street intersections; and,
(ii) Street lights or pedestrian-scale street lights shall be installed to maintain an illuminance of 0.6 footcandles on pedestrian walkways or sidewalks used by the public.
(iii) If located within the right of way, the operation and maintenance costs of the pedestrian-scale street lighting shall be charged to the benefiting property owners through establishment of a utility fee or Local Improvement District. If located outside the right of way, legal documents shall be submitted in a form acceptable to the City Attorney prior to recording in the official records of Jackson County that assure that the lighting system will be perpetually maintained and operated by individual property owners, an association of property owners, or other entity.
(b) Private Streets. For private streets, legal documents shall be submitted in a form acceptable to the City Attorney prior to recording in the official records of Jackson County that assure that lighting systems on private streets will be perpetually maintained and operated by individual property owners, an association of property owners, or other entity. Street lighting and pedestrian-scale street lighting that differs from the standards may be installed if the Planned Unit Development (PUD) approval authorizes the modification.
10.500 Sidewalks.
Sidewalks shall be required of all developments including single-family residences along both sides of all streets except minimum access easements which do not require sidewalks and residential lanes where sidewalks are required on one side of the street.
10.501 Sidewalk Specifications.
Sidewalks shall be constructed in accordance with the following specifications:
(1) Concrete. Sidewalks shall be constructed of concrete with a compressive strength of not less than 3,000 pounds per square inch, using not less than 500 pounds of cement per cubic yard of concrete, and with a maximum slump of four (4) inches. In cold weather, calcium chloride may be added by dissolving in the mixing water an amount not exceeding two percent (2%) of the weight of the cement in the concrete mix.
(2) Other material. Other materials such as bricks or flagstone may be used for aesthetic effects where approved by the approving authority or as otherwise provided in Section 10.358, Central Business District. Such material will have flat surfaces suitably finished for sidewalk use. Materials submitted shall be comparable in strength to concrete and shall be placed with suitable mortar to provide a permanent, maintenance-free sidewalk. (Effective Dec. 1, 2013.)
(3) Construction. Sidewalks shall be constructed according to the structural specifications prescribed by the City Engineer. A sidewalk shall be nominally four (4) inches thick, except where a sidewalk crosses a driveway it shall be nominally six (6) inches thick. A sidewalk shall slope one-quarter (1/4) inch per foot toward the curb. The edge of the sidewalk nearest the curb shall be at an elevation equal to the rate of one-quarter (1/4) inch per foot above the curb.
Where a residential building site fronts on an unimproved residential street the requirement to improve sidewalks may be waived if the development qualifies for deferral of street frontage improvements as per Section 10.432, Street Improvement, Deferred.
(4) Width. Sidewalks shall be five (5) feet in width except in the C-B district of the City where sidewalks shall be as per Section 10.358 of this code and shall extend from the property line to the curb. Required sidewalk width does not include curb width. All planning, design and construction documents shall clearly state that at least five (5) feet of the sidewalk is to be clear of obstructions such as sign posts, utility and signal poles, mailboxes, parking meters, fire hydrants, trees, and other street furniture.
(5) Alignment. Sidewalks on arterial and major collector streets shall be set back a minimum of ten (10) feet from the back of the face of curb (See the street diagrams for arterial and collector streets above), unless curvelinear as provided below.
Sidewalks on all other streets shall be located a minimum of eight (8) feet from the back of curb unless curvelinear as provided below. If there are existing sidewalks on the same side of the street in the same block, then the sidewalk location shall be determined by the approving authority.The approving authority may approve curvelinear or meandering sidewalks for aesthetic purposes or for other reasons such as topography or to avoid existing trees. Where approved, such sidewalks shall tie to adjacent property lines in such a manner as to allow standard sidewalk construction on that property. (Effective Dec. 1, 2013.)
(6) Repair. All projects subject to Site Plan and Architectural Review shall be required, as a condition of approval, to repair all frontage sidewalks as determined by the Engineering Department. When attached as a condition of approval of a Site Plan and Architectural Review application the sidewalk maintenance procedures set forth in Chapter 3, Section 3.025, Notice on Hearing of City Repair of Sidewalks, through 3.035, Notice of Sidewalk Repair, are hereby superseded.
(7) Permit for Sidewalk Work. Before beginning the construction, reconstruction, or repair of a sidewalk the developer shall apply to the City Engineer for a permit. If the sidewalk conforms to the provisions of this section, the City Engineer shall establish the grade of the sidewalk, if not already established, and issue the permit upon payment of a permit fee established and periodically amended by ordinance of the City Council.
10.502
[Repealed Sec. 21, Ord. No. 2009-207, Sep. 17, 2009.]
10.503 Shared-Use Paths.
Shared-Use Paths shall be required of new developments located on sites that are identified for a planned path within the City’s Comprehensive Plan including, but not limited to, the Parks and Recreation Leisure Services Plan, Transportation System Plan, Neighborhood Plan or other adopted special area plan. Where there is a difference between standards, the requirements in an adopted special area plan shall apply.
Land intended for shared-use paths shall be dedicated for public use and/or ownership following the installation of the required improvements. However, the City, at its sole discretion, may permit the dedication of easements in lieu of fee-simple land dedication.
(1) Shared-Use Path Design Standards. Shared-use paths shall:
(a) Integrate connections with existing and planned path and trail networks and accessways;
(b) Incorporate safety features at street intersections and at mid-block pathway crossings;
(c) Maintain grades at no more than five percent and cross slopes at no more than two percent unless otherwise approved by the Parks Recreation and Facilities Director or designee;
(d) Maintain a minimum vertical clearance of 10 feet;
(e) Allow for maintenance and emergency vehicles, including turning radiuses;
(f) Provide a design in accordance with the latest addition of the American Association of State Highway and Transportation Officials (AASHTO) Guide for the Development of Bicycle Facilities with an appropriate design speed for the terrain; and
(g) Provide a paved width of at least 10 feet with 2 foot shoulders, unless otherwise recommended by the Parks Recreation and Facilities Director (wider paths may be needed where higher volume use is anticipated).
(2) Shared-Use Path Construction Specifications, Non-Street Right-of-Way. Shared-use paths shall be constructed in accordance with the following specifications.
(a) Materials: Shared-Use pathways shall be constructed with asphalt concrete according to the Parks Recreation and Facilities Department standard specification. Other surfaces, including concrete, bricks, flagstones, or compacted aggregate may be approved by the Parks Recreation and Facilities Director.
(b) Construction Details: The asphalt concrete surface shall be a minimum of 2 ½ inches thick, placed upon a 12 inch layer of compacted ¾ inch minus base with geotechnical fabric. If constructed in concrete or other materials, the structural section must provide compression strength equal to or better than standard sidewalks.
(c) Location: Shared-use paths shall be sited to provide non-motorized connectivity as shown in the Comprehensive Plan. The approving authority may approve paths to deviate from such locations if the new location will provide the equivalent connectivity and functionality. The following typologies apply to shared-use pathways.
(i) Pathways within a riparian corridor: Shared-Use pathways shall be constructed a minimum of 25 feet from top of bank as per Section 10.503(3)(a). The approving authority may approve an alternate location based upon site conditions.
(ii) Pathways, other: Shared-Use pathway corridors outside a riparian area, shall be a minimum of 20 feet in width as per Section 10.503(3)(b).
(iii) Special Circumstances: Where Shared-Use pathways provide access to storm drainage facilities or other public facilities, additional conditions may be required by the utility provider.
(3) Shared-Use Path Cross Sections, Non-Street Right-of-Way.
(a) Typical Section, Riparian Shared-Use Path.
(b) Typical Section, Other Shared-Use Path.
(4) Sidewalks, in lieu of pathways, within Street Right-of-Way. Where it is not feasible to designate a dedicated corridor due to topography or other constraints, sidewalks may be installed within the public right-of-way, in lieu of a standard pathway, if approved by the Parks Recreation and Facilities Department and the Public Works Department. Sidewalks in lieu of pathways shall also be considered where an adopted City plan shows a path parallel to a public street. They shall not be used where there are frequent driveway crossings.
Sidewalks, in lieu of pathways, shall be built as per the Public Works Department specifications and require signage and/or striping to be installed indicating the shared-use function by both bicycles and pedestrians.
Shared-use paths on arterial streets shall follow the cross-sections with separated bicycle facilities in Section 10.428(1), unless modified by the approving authority. On all other streets, the planter strip may be reduced on one or both sides of the street in order to accommodate a 10-foot wide sidewalk, if approved by the approving authority.
(5) Shared-Use Path Installation and Timing. Shared-use paths shall be installed in accordance with the approved plan prior to final plat for land division approvals, prior to issuance of the certificate of occupancy for building permits for Site Plan & Architectural Commission approvals, and prior to certificate of occupancy for building permits or the commencement of use for Conditional Use Permits and Park Development Reviews unless otherwise approved by the approving authority.
The City will accept the dedication and maintenance of the shared-use path upon the satisfactory completion of the installation of the path and required landscaping per the approved construction drawings and landscape plan.
(6) Shared-Use Path Landscaping Design and Improvement.
(a) Landscaping requirements for shared-use paths shall be in accordance with the following requirements.
(i) Riparian Greenways: A plan shall be submitted demonstrating protection of native vegetation, along with restoration and enhancement plantings. Such plan shall be submitted to the Oregon Department of Fish & Wildlife for review and approval. Landscaping and irrigation shall be required along both sides of a shared-use path unless the approving authority determines it is not necessary due to topography, existing vegetation, or other existing conditions.
(ii) Shared-use pathway, other: Trees offset at 50-foot intervals shall be required on both sides of the shared-use path to provide adequate shading. Enhanced landscaping is not required but may be approved if a maintenance agreement is accepted by the Parks Recreation and Facilities Director. Landscaping and irrigation shall be required along both sides of a shared-use path unless the approving authority determines it is not necessary due to topography, existing vegetation, or other existing conditions.
(iii) Sidewalk in lieu of pathway: Trees and irrigation shall be required within the adjacent planter strip next to the sidewalk. For residential zoning districts, trees shall be installed to provide not less than 100 percent canopy cover over the sidewalk at the time of tree maturity. Street trees within all the other zoning districts shall be installed to provide not less than 70 percent canopy cover over the sidewalk at tree maturity. Canopy cover shall be based upon tree maturity and growth habit data provided in the Official List of City of Medford Approved Street Trees, a copy of which is on file in the City of Medford Parks Department. Street trees shall not be located within 50 feet of the corner of an intersection of two streets measured at the curb line.
(b) Landscape Installation and Timing.
(i) Landscaping shall be installed in accordance with the approved landscape plan prior to final plat for land division approvals, prior to issuance of the certificate of occupancy for building permits for Site Plan & Architectural Commission approvals, and prior to certificate of occupancy for building permits or the commencement of use for Conditional Use Permits and Park Development Reviews. The developer shall record a maintenance agreement, reviewed and approved by the City Parks Recreation and Facilities Department, ensuring an 85 percent survival of all new landscaping within a two year period after the installation of landscaping.
(7) Shared-Use Path, Short Segments. Where a section of a planned shared-use path is 300 feet or less through a development, the City may delay the installation of the path. Dedication of the land for the shared-use path shall be shown on the final plat or recorded separately as part of another land use review application. In those cases, the City shall require security for future construction of the shared-use path and associated landscaping. The security may be in the form of a bond or other method acceptable to the City. The amount of the security shall be 125 percent of the engineer’s cost estimate of the shared-use path construction and 125 percent of a landscape architect’s cost estimate for landscape installation, including irrigation. The 300-foot length for implementation of this section shall not apply to individual phases of a larger development.
10.550 Access Standards.
(1) Driveway Throat Width Standards. Driveways that connect to a public right-of-way shall be constructed according to the standards in Tables 10.550-1 and 10.550-2. See Figure 10.550-1 for driveway throat, flare and radius definitions.
For the purposes of this section, Minimum Access Easements and Alleys shall be considered driveways.
Table 10.550-1. Driveway Throat Widths
Street Classification | Land Use on Parcel to be Served by the Driveway* | |||
|---|---|---|---|---|
Local (All streets other than collectors or arterials.) | SFR and Middle Housing | MFR | Commercial | Industrial |
Less than 500 ADT*** | 10 to 18 ft.**** | 18 to 24 ft. | 24 to 30 ft. | 24 to 30 ft. |
500 to 1,000 ADT*** | 24 to 30* ft. | 24 to 36 ft. | ||
Greater than 1,000 ADT*** | 24 to 36* ft. | 24 to 36 ft. | ||
Collector | SFR and Middle Housing | MFR | Commercial | Industrial |
Less than 500 ADT*** | 12 to 24 ft. (Shared Approach Only) | 18 to 36 ft. | 18 to 24 ft. | 24 to 36 ft.** |
500 to 1,000 ADT*** | 18 to 36 ft.** | 24 to 36 ft.** | ||
Greater than 1,000 ADT*** | 18 to 36 ft.** | 24 to 36 ft.** | ||
Arterial | SFR and Middle Housing | MFR | Commercial | Industrial |
Less than 500 ADT*** | No direct access unless no alternative exists, then 12 to 20 ft. (Shared Approach Only) | No direct access unless no alternative exists, then 18 to 36 ft. | 18 to 24 ft. | 24 to 30 ft. |
500 to 1,000 ADT*** | 18 to 30 ft. | 24 to 36 ft. | ||
Greater than 1,000 ADT*** | 18 to 36 ft. | 24 to 36 ft. | ||
*Institutional uses shall be considered commercial uses for the purposes of this subsection.
**Driveway throat widths greater than 24 feet shall be granted only for full movement approaches that warrant a left turn lane.
***ADT = Average Daily Trips using the proposed driveway, determined from the latest version of the Institute of Transportation Engineering handbook based on the expected ultimate use of the site.
****May be up to 24’ with approval of Public Works Director or Designee.
(2) Driveway Radius Standards.
Table 10.550-2. Driveway Radius Standards
Street Classification | Land Use on Parcel to be Served by the Driveway* | |||
|---|---|---|---|---|
SFR | MFR | COMMERCIAL | INDUSTRIAL | |
Local | Curb Cut | <6 units: curb cut >6 units: 15 ft. radius | Curb cut or 20 ft. radius | Curb cut or 20 ft. radius |
Collector | Shared Access Curb cut | 20 ft. radius | 20 ft. radius | 25 ft. radius |
Arterial | No direct access unless no alternative exists, then 15 ft. radius. | 25 ft. radius | 25 ft. radius | 25 ft. radius |
*Institutional uses shall be considered commercial uses for the purposes of this subsection.
Curb Cut = Dropped Curb with Portland Concrete Cement driveway apron per current City of Medford Standard Drawings
Radius = At–grade driveway approach with 6–inch curbs per current City of Medford Standard Drawings
Figure 10.550-1. Driveway Throat, Flare and Radius Definitions
(3) Driveway Spacing and Locational Standards.
(a) Arterial and Collector Streets.
(i) Driveway Spacing. Except where sections of Section 10.550 specifically allow for reduced spacing, no driveway access to an arterial or collector street shall be located closer than allowed by the standards in Table 10.550-3, measured from the center of driveway to center of driveway.
Table 10.550-3. Minimum Driveway Spacing Standards (Center–to–Center) Arterial and Collector Streets
SPEED LIMIT (MPH) | 25 or less | 30 | 35 | 40 | 45 |
DRIVEWAY SPACING (FEET) | 145 | 195 | 250 | 315 | 385 |
(ii) Arterial Street Driveway Locational Requirements.
(A) No driveway access to an arterial street shall be allowed for any parcel that abuts the right-of-way of a street of a lower classification or has legal right of access to any street via any abutting parcel(s).
(B) Driveway access on an arterial street shall not be allowed within 250 feet of the nearest right-of-way line of an intersecting street. If the parcel does not have sufficient width to meet this requirement and a driveway is otherwise allowed on that street under this section, the driveway shall be located adjacent to the property line farthest from the intersecting street, and no authorization for larger driveway width shall be granted. A declaration of covenant may be required to relocate the driveway with future adjacent development if that can practicably satisfy the distance requirement.
(C) Driveways shall be placed adjacent to the property line of a contiguous parcel and shall have easements recorded for shared driveway use if possible to do so and meet driveway spacing requirements of this section.
(iii) Collector Street Driveway Locational Requirements for Commercial, Industrial and Multi-Family Uses.
(A) No driveway access to a collector street shall be allowed for any parcel that abuts the right-of-way of a lower order street unless the proposed access will be at least one and one-half times the minimum driveway spacing standard in Table 10.550-3.
(B) Driveway access on a collector street shall not be allowed within 150 feet of the nearest right-of-way line of an intersecting street. If the parcel does not have sufficient width to meet this requirement and a driveway is otherwise allowed on that street under this section, the driveway shall be located adjacent to the property line farthest from the intersecting street, and no authorization for larger driveway width shall be granted. A declaration of covenant may be required to relocate the driveway with future adjacent development if that can practicably satisfy the distance requirement.
(C) Driveways shall be placed adjacent to the property line of a contiguous parcel and shall have easements recorded for shared driveway use if the shared driveway configuration can practicably achieve the driveway spacing requirements in Table 10.550-3 or come as close as practicable to achieving these spacing standards.
(iv) Collector Street Driveway Locational Requirements for SFR Uses.
(A) No driveway access to a collector street serving a single parcel shall be allowed for any parcel that abuts the right-of-way of a lower order street unless the driveway will meet the spacing standard in Table 10.550-3.
(B) Driveway access on a collector street shall not be allowed within 150 feet of the nearest right-of-way line of an intersecting street. If the parcel does not have sufficient width to meet this requirement and a driveway is otherwise allowed on that street under this section, the driveway shall be located adjacent to the property line farthest from the intersecting street, and no authorization for larger driveway width shall be granted. A declaration of covenant may be required to relocate the driveway with future adjacent development if that can practicably satisfy the distance requirement.
(C) Shared driveways on collector streets with a speed limit of 30 miles per hour or less are permitted to have driveways at one-half the minimum spacing standard in Table 10.550-3 if the driveway is shared between adjacent parcels that meet the minimum dimensional standards for the zone and each parcel provides for off-street maneuvering such that vehicles can enter and exit the property without backing up. Shared access easements shall be recorded where required to meet these requirements.
(v) Number of Driveways For Each Separately Owned Tract. Within the requirements set forth in subsection (3)(a)(ii) of this section and the spacing standards in Table 10.550-3, driveway access to an arterial street shall be limited to one driveway for each tract of property owned. For purposes of this section, parcels that are contiguous under the same ownership or part of the same application for development shall be considered to be one tract of property.
(vi) Cross-Access Easement(s) Required.
(A) Any parcel or tract granted driveway access to an arterial street shall grant cross-access easements to all contiguous parcels or tracts that do not abut a street of a lower order than an arterial or collector street.
(B) Any parcel or tract granted driveway access to a major collector street shall grant cross-access easements to all contiguous parcels or tracts that are planned for similar uses and do not abut a street of a lower order than a collector. “Similar uses” means residential to residential or commercial to commercial. If driveway spacing is less than the standard in this section, then the parcel shall grant cross-access easements to all contiguous parcels or tracts that do not abut a lower order street regardless of use. Single-family residential uses are exempt from this section.
(C) Any parcel or tract granted driveway access to a minor collector street with driveway spacing less than the standard in this section shall grant cross-access easements to all contiguous parcels or tracts that do not abut a lower order street. Single-family residential uses are exempt from this section.
(D) Industrial developments that meet the maximum block length and block perimeter length standards in Section 10.426 with driveways that otherwise meet or exceed the standards in subsection (3)(a) of this section are exempt from cross-access easement requirements regardless of the street classification.
(E) Site design must accommodate future use of such accesses. Use of shared driveways on multiple parcels or tracts and cross-access easements shall be required when site and traffic conditions, including projections of future traffic volumes and movements, indicate that such requirements are appropriate to preserve the capacity and safety of the transportation system.
(F) Cross-access shall be provided where the remoteness requirements for emergency access apply per Section 7.023.
(vii) Management of the Transportation System. Granting of driveway access to a public right-of-way is not a guarantee that future improvements designed to improve safety and capacity will not be constructed in the public right-of-way. Medians, turning movement restrictions, signs, signals, and striping may be installed by the City or others with the approval of the Public Works Director or designee, to preserve and enhance the function of the transportation system.
(b) Local Streets. A minimum distance of three (3) feet shall be maintained between the closest portions of adjacent driveway flares as measured along the curb on local streets, except where existing conditions dictate otherwise. Cul-de-sacs are exempt from these standards.
The closest edge of a driveway shall be a minimum of 35 feet from any intersecting local streets measured along the curb to the nearest right–of–way line of the intersecting street. If the parcel does not have sufficient width to meet this requirement, the driveway shall be located adjacent to the property line farthest from the intersecting street, and no authorization for larger driveway width shall be granted.
(c) Alternative Access Spacing and Location. The standards set forth in Sections 10.550(3)(a) and (b) above are the City’s basic access standards. The City also recognizes that unique situations and/or complex projects may warrant alternative driveway spacing and locations.
(i) Approval of Alternative Access Locations: When part of a Type III land use review, the Public Works Director or designee shall forward a recommendation on alternative access spacing and locations to the approving authority. When not part of a Type III land use review, the Public Works Director or designee may authorize an administrative adjustment to the access spacing and locational standards in 10.550(3)(a) and/or (b) above under one or both of the following circumstances:
(A) The adjustment will align the requested driveway with a driveway across the street and the Public Works Director’s (or designee’s) professional opinion is that this configuration will improve safety and/or operations.
(B) Where no proposed access location can satisfy all the standards in Section 10.550(3)(a) and/or (b), the driveway may be located in the location that best meets the City’s access management standards in the professional opinion of Public Works Director (or designee).
(ii) Redevelopment: Redevelopment as used in this section means that a parcel(s) has existing legal access and physical improvements and the property owner is seeking Type III use review for new development permits. In the case of redevelopment, the approving authority may require the provision of cross-access easements and geometric/physical improvements to any and all accesses in accordance with current standards. Redevelopment applications shall propose changes to the number and/or centerline location(s) of existing driveway(s), and shall demonstrate that the proposed changes will bring the parcel into, or at a minimum, closer to compliance with existing standards.
(iii) Area Plans: Access spacing and location may be evaluated as part of a special area plan. The approving authority may adopt specific standards through a special area plan such as a neighborhood plan and/or master plan. Where such plans are adopted, any conflict between the special area plan access and location standards and the standards in Section 10.550(3)(a) and/or (b) above shall be resolved in favor of the special area plan provisions.
(iv) New Development: At an applicant’s request, the approving authority will evaluate alternative access spacing and location on a project basis in conjunction with Type III land use review. Evaluation of alternative access location and spacing for projects shall be based upon a Transportation Impact Analysis (TIA) prepared by a professional engineer licensed in the State of Oregon with expertise in transportation. The Public Works Director (or designee) will provide a scope of work for the TIA and will issue a report to the approving authority stating his/her professional opinion as to the technical adequacy of the TIA and whether it demonstrates compliance with the criteria for access spacing and location for the project. The TIA will consider motorists, cyclists and pedestrians. The approving authority will evaluate the project’s access spacing and location, in one of the following ways:
(A) If the conclusions of the TIA and the professional opinion of the Public Works Director (or designee) concur that the safety and operations of the project’s proposed access spacing and location will, at the time of development, be equal to or better than application of the standards in 10.550(3)(a) and/or (b) above for all studied facilities, the approving authority will accept the access spacing and location proposed at the time of project review. If the Public Works Director’s professional opinion is not consistent with the conclusions of the TIA, the approving authority will review the competing testimony by the professional engineers with expertise in transportation and will approve, modify, or deny the proposed alternative access design; or
(B) If the conclusions of the TIA and the professional opinion of the Public Works Director (or designee), concur that the safety and operations of the project’s proposed access spacing and location will, at the time of development, be equal to or better than application of the standards in 10.550(3)(a) and/or (b) above for the transportation system as a whole, the approving authority may accept the access spacing and location proposed at the time of the major project review provided all facilities will still meet basic transportation engineering safety requirements; or
(C) If the conclusions of the TIA find that the safety of the project’s proposed access location and spacing will, at the time of development, meet basic transportation engineering safety requirements and the approving authority concludes that the proposed access spacing and location will significantly advance one or more of the Goals and/or Policies of the Comprehensive Plan, the approving authority may accept the access spacing and location proposed at the time of project review.
10.555 Underground Utilities.
All public utility systems and service facilities, including without limitation all electrical and telephone distribution or transmission facilities, and also all cable television distribution or transmission facilities installed in and for the purpose of providing service to the development shall be located in a public utility easement with a junction box for each lot of the development designed to carry the service drops underground to each serviced building or structure. The developer shall pay any necessary cost or make other arrangements with each of the public utility companies involved for the installation of the underground facilities and for the relocation of existing overhead facilities on the property, and in conformance with the respective operating company's rules and regulations then on file with and approved by the public utilities commission.
Excepting from the foregoing are the following:
(1) Transformers, pedestal mounted terminal boxes, meter cabinets and concealed ducts may be situated above ground if they are solely for the purpose of providing service within the development and area used solely in connection with the underground transmission or distribution lines; and
(2) Poles supporting electricity transmission lines, and the electricity transmission lines supported by such poles, may be situated above the surface of the ground if the voltage carried by such lines exceed 12KV and such lines are not connected to any distribution line situated within the development and do not in any way serve any part of the development; and
(3) Poles supporting street lights, and the electrical lines within said poles, may be situated above the surface of the ground.
10.651
[Repealed Ord. No. 7016, Nov. 7, 1991.]
10.652
[Repealed Ord. No. 7016, Nov. 7, 1991.]
10.653
[Repealed Ord. No. 7016, Nov. 7, 1991.]
10.654
[Repealed Sec. 4, Ord. No. 6232, Nov. 3, 1988.]
10.655
[Repealed Ord. No. 7016, Nov. 7, 1991.]
10.656
[Repealed Ord. No. 7016, Nov. 7, 1991.]
10.666 Improvement Agreements.
If all of the required public improvements, as specified in the conditions of a land use approval, have not been satisfactorily completed before the application is filed for Final Plat, or building permit, the developer may enter into a written agreement (provided by the City) with the City in a form acceptable to the City Attorney specifying that within one (1) year (or such other period of time as agreed upon by the parties) all public improvement work shall be completed in accord with this code and the applicable approved improvement plans and specifications and that said developer shall warrant the materials and workmanship of said improvements in good condition and repair for an additional period of one (1) year from date of satisfactory completion and notification of same by the City. Said agreement shall in substance provide:
(1) That if the developer shall fail to complete said public improvements in accord with the terms of the agreement, the City may complete the same and recover full cost and expense thereof from the developer;
(2) For the inspection of all public improvements by the City Engineer and the reimbursement to the City of all costs of inspection;
(3) For the indemnification of the City, its councilmembers, officers, boards, commissioners and employees from claims of any nature arising or resulting from the performance of any acts required by the City to be done in accord therewith;
(4) As a consideration for the foregoing and any other provisions of said agreement, the City agrees to accept the said public improvements including any easements in which they lie at such time as the developer has fully complied with all the terms of said agreement and has satisfactorily completed his one (1) year warranty period. In addition to the foregoing, said agreement may contain such other and further terms, covenants, conditions or provisions as the parties agree upon.
10.667 Security for Public Improvements.
(1) Security: The developer shall file with the agreement in Section 10.666, to secure full and faithful performance thereof, one (1) or a combination of the following:
(a) A surety bond executed by a surety company authorized to transact business in the State of Oregon, or
(b) Cash, or
(c) An irrevocable letter of credit, or assignment of deposit or loan disbursement agreement from a bank or savings and loan association, redeemable at a location within the State of Oregon.
Any security that is not redeemable within Medford city limits shall include assurance that is redeemable by US Mail, delivery service, or electronic means, including but not limited to, fax or e-mail. The security shall be in an amount approved by the City Engineer as sufficient to cover the cost of the improvements, engineering, inspection and incidental expenses, and must be approved by the City Attorney as to form. Such security arrangements may provide for reduction of the amount in increments as improvements are completed and approved by the City Engineer. However, the number of reductions or disbursements and the amount of retainage required shall be at the discretion of the City Engineer.
Upon satisfactory completion of all improvements and acceptance thereof by the City, the amount of the security shall be reduced to twenty percent (20%) of the original sum and shall remain in effect until all deficiencies in construction and maintenance discovered and brought to the attention of the developer and surety during the one (1) year warranty period have been corrected to the satisfaction of the City Engineer.
Whenever a failure to perform under said agreement has not been corrected to the satisfaction of the City Engineer within thirty (30) days after notice by mail to the developer and surety at the addresses given in the security agreement, the City may thereafter, without further notice, declare the security forfeited and cause all required construction, maintenance or repair to be done.
(2) Security Alternative: In lieu of Section (1) above, to secure the installation of only sidewalks, street trees and/or landscaping in park strips on lower order streets in single-family residential development, the developer may enter into an agreement (provided by the City) which specifies that in lieu of financial security provided in Section (1) herein, the Certificate of Occupancy shall not be issued until the required sidewalks, street trees and/or landscaping in park strips are installed to the satisfaction of the City Engineer. The Building Official is authorized to withhold Certificate of Occupancy on such terms as contained in the agreement.
10.668 Limitation of Exactions.
Notwithstanding any other provisions of this Chapter 10, an applicant for a development permit shall not be required, as a condition of granting the application, to dedicate land for public use or provide public improvements unless:
(1) the record shows that there is an essential nexus between the exaction and a legitimate government purpose and that there is a rough proportionality between the burden of the exaction on the developer and the burden of the development on public facilities and services so that the exaction will not result in a taking of private property for public use, or
(2) a mechanism exists and funds are available to fairly compensate the applicant for the excess burden of the exaction to the extent that it would be a taking.
Provided, however, that this section does not prohibit unconditional denial of an application where adequate public facilities and services are not available to serve the proposed development, so long as there are other economically viable uses of the land which are allowed by the Chapter and by the existing zoning and which can be adequately served.