Myrtle Point City Zoning Code

   (A)   Purpose. This subchapter provides standards for public infrastructure and utilities installed with new development, consistent with the policies of the city’s comprehensive plan and adopted city master plans.

   (B)   Applicability. This subchapter applies to all new development, including projects subject to land division (subdivision or partition) approval and developments subject to site plan review where public facility improvements are required. All public facility improvements within the city shall occur in accordance with the standards and procedures of this subchapter. When a question arises as to the intent or application of any standard, the Planning Commission shall interpret the code pursuant to § 153.005.

   (C)   Public works infrastructure design standards. All public facility improvements shall conform to the city’s Public Infrastructure Design Standards Manual (Manual). Where a conflict occurs between this chapter and the Manual, the provisions of this chapter 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 chapter and the Public Infrastructure Design Standards Manual. 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 related to and are roughly proportional to the impact of development.

(Ord. 1267, passed 1-3-2012)

   (A)   General requirements.

      (1)   No development shall be approved unless adequate transportation facilities are available or such improvements will be constructed and operational, as required by this chapter and the city’s transportation system plan.

      (2)   Development resulting in increased traffic on OR 42 shall meet the traffic operations standards per the current state highway plan.

      (3)   All new driveway approaches (access to a public street) shall conform to §§ 153.140 through 153.142.

   (B)   Street location alignment and grades.

      (1)   All streets shall be properly integrated with the existing and planned system of thoroughfares and rights-of-way. Specific street location and alignment 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.

      (2)   Grades of streets shall conform as closely as possible to the original topography. New streets or street extensions exceeding a grade of 15% over a distance more than 200 feet are discouraged. Where such grades are unavoidable, the Planning Commission may require a secondary access to the subdivision, installation of fire protection sprinkler systems in dwellings and/or other mitigation to protect public health and safety.

      (3)   Where the location of a street is not shown on an adopted city street plan, the location of streets in a development shall provide for the reasonable continuation and connection of existing streets to adjacent developable properties, conforming to the standards of this chapter.

      (4)   All streets that stub into a development site shall be extended with development, unless prevented by environmental or topographical constraints, existing development patterns or compliance with other standards in this chapter. In such situations, the applicant must provide evidence that the environmental or topographic constraint precludes reasonable street connection.

      (5)   Proposed streets or street extensions shall be located to allow continuity in street alignments and to facilitate future development of vacant or re-developable lands.

      (6)   In order to promote efficient vehicular and pedestrian circulation throughout the city, interconnected streets shall be required pursuant with this chapter.

   (C)   Minimum rights-of-way and street sections. In order 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, the following street design standards apply. Where a range of street width or improvement options is indicated, the Planning Commission shall determine requirement based on the advice of a qualified professional and the following factors:

      (1)   Operational safety of the street system for motor vehicles, pedestrians and bicycles;

      (2)   Level of service standards of the applicable roadway authority;

      (3)   Provision of on-street parking;

      (4)   Placement of utilities;

      (5)   Street lighting;

      (6)   Slope stability and erosion control (minimize cuts and fills);

      (7)   Storm drainage;

      (8)   Emergency vehicles/apparatus and emergency evacuation;

      (9)   Traffic calming (slow traffic in residential areas);

      (10)   Appropriate transitions between varying street widths (i.e., existing streets and new streets); and

      (11)   Other factors related to public health, safety and welfare.

 

   (D)   Intersections and block length. The following standards apply to the creation of new streets and situations where a street is extended to serve development.

      (1)   Intersections. Streets shall be laid out so as to intersect as nearly as possible at right angles. Street intersections shall have a minimum intersection angle of 75 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 at any one point. Street jogs and intersection offsets of less than 125 feet are not permitted. Intersections shall be designed to facilitate stormwater runoff into city approved stormwater facilities.

      (2)   Block length. The block length (distance between street intersections) in new residential subdivisions shall generally be not less than 200 feet and not more than 600 feet. The Planning Commission may adjust this standard upon finding that topographic or other physical barriers require longer blocks. Where the city permits subdivisions with blocks longer than 600 feet, the development design shall incorporate public access ways (walkways) breaking up longer blocks and connecting streets at regular intervals pursuant to division (D)(3) below.

      (3)   Access ways. The Planning Commission may also require developers to provide an access way where the creation of a cul-de-sac or dead-end street is unavoidable and the access way connects the ends of the street to another street or public access way. Where an access way is required, it shall be not less than ten feet wide and shall contain a minimum six-foot wide paved surface approved by the Planning Commission. Access ways shall be contained within a public right-of-way or public access easement, as required by the Planning Commission.

   (E)   Extension of streets and bikeways.

      (1)   Connectivity to adjoining lands.

         (a)   The street system of proposed subdivisions shall be designed to connect with existing, proposed and planned streets outside of the subdivision. Where a proposed development abuts unplatted land or a future phase of a development, street stubs shall be provided to allow for the logical extension of the street system into the adjacent area.

         (b)   All street stubs shall be provided with a temporary turn-around unless specifically exempted by the State Fire Marshal’s Office, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.

      (2)   Future street plan. Where a subdivision is proposed adjacent to other developable land, a future street plan shall be filed by the applicant in conjunction with an application for a subdivision in order to facilitate orderly development of the street system. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include other divisible parcels within 600 feet surrounding and adjacent to the proposed subdivision. The street plan is not binding; rather, it is intended to show potential future street extensions with future development and ensure that the proposed development does not preclude future street connections to adjacent development land.

      (3)   Temporary street ends. Streets shall be extended to the boundary lines of the parcel or tract to be developed when the city determines that the extension is necessary to give street access to, or permit a satisfactory future division of, adjoining land. Street ends shall contain turnarounds constructed to the State Fire Marshal’s Office standards (for streets over 150 feet in length) and be designed to facilitate future extension in terms of grading, width and temporary barricades.

      (4)   Half streets. Half street improvements are not permitted, except that the city may accept a temporary half-street improvement where the subdivider dedicates a right-of-way for a full street and provides a financial guarantee for the remainder of the street improvement, pursuant to the performance bond provisions of §§ 153.245 through 153.254.

   (F)   Engineering design standards. Street design shall conform to the standards of the applicable roadway authority; for city streets, that is the Public Infrastructure Design Standards Manual. Where a conflict occurs between this chapter and the Public Infrastructure Design Standards Manual, the provisions of this chapter shall govern.

   (G)   Substandard existing right-of-way. Where an existing right-of-way adjacent to a proposed development is less than the standard width, the Planning Commission may require the dedication of additional rights-of-way at the time of subdivision, partition or site plan review, pursuant to the standards in Table 153.186.

   (H)   Cul-de-sacs. Streets shall be planned to continue to and through abutting properties, consistent with this section. A cul-de-sac street shall only be used when environmental or topographical constraints, existing development patterns or compliance with other standards in this code preclude street extension and through circulation. For example, the Planning Commission may approve a cul-de-sac where a future street extension is infeasible. When a cul-de-sac is allowed, all of the following provisions shall be met.

      (1)   The cul-de-sac shall not exceed a length of 400 feet, except where the decision-making body 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 terminate with a circular or hammer-head turnaround meeting the State Fire Marshal’s Office requirements and the standards of Table 153.186.

      (3)   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. Such access ways shall conform to division (D)(3) above.

   (I)   Private streets and gated streets. Private streets, including gated drives serving more than two dwellings (i.e., where a gate limits access to a development from a public street), are not permitted.

   (J)   Street names. No new street name shall be used which will duplicate or be confused with the names of existing streets in the city or vicinity.

   (K)   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 have been reestablished and protected.

   (L)   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. Stop signs and other signs may be required.

   (M)   Streetlight standards. Streetlights shall conform to the city’s Public Infrastructure Design Standards Manual.

   (N)   Street cross-sections. The final lift of asphalt or concrete pavement shall be placed on all newly constructed public roadways prior to final city acceptance of the roadway unless otherwise approved by the City Council.

(Ord. 1267, passed 1-3-2012)

   (A)   Whereas new subdivisions are required to reserve open space in accordance with §§ 153.245 through 153.254, the Planning Commission may accept such public use areas as part of the city’s system of parks and recreation areas.

   (B)   Where a proposed open space, park, playground or other public use shown in a plan adopted by the city is located in whole or in part in a subdivision, the city may require the public dedication or reservation of the subject site on the final plat for the subdivision if, and only if, the impact of the development on the city park system is roughly proportionate to the dedication or reservation being made. (See also §§ 153.245 through 153.254.)

   (C)   The city may purchase or accept voluntary dedication or reservation of areas within the subdivision that are suitable for the development of parks and other public uses; however, the city is under no obligation to accept such areas offered for dedication or sale.

(Ord. 1267, passed 1-3-2012)

   (A)   Sewers and water mains required.

      (1)   All new development is required to connect to city water and sanitary sewer systems. Sanitary sewers and water mains shall be installed to serve each new development and to connect developments to existing mains in accordance with the city’s sanitary sewer master plan, water system master plan and applicable engineering requirements.

   (B)   Sewer and water plan approval. Development permits for sewer and water improvements shall not be issued until the Planning Commission has approved all sanitary sewer and water plans in conformance with city standards.

   (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 water and sewer master plans; and the city may authorize other cost-recovery or cost-sharing methods as provided under state law.

   (D)   Inadequate facilities. Development permits may be restricted or rationed by the Planning Commission where a deficiency exists in the existing water or sewer system that 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. The Planning Commission may require water booster pumps or sanitary sewer lift stations be installed with backup power.

(Ord. 1267, passed 1-3-2012)

   (A)   Title. This section shall be known as the erosion prevention and sediment control and storm and surface water management ordinance. Divisions (C) to (G) relate to erosion prevention and sediment control. Divisions (H) to (N) relate to storm and surface water management.

   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      BEST MANAGEMENT PRACTICES (BMPS).

         (a)   Erosion prevention and sediment control, and storm and surface water management regulations are listed in the Oregon Department of Environment Quality (DEQ) and National Marine Fishery Services (NMFS) manuals as follows:

            1.   Erosion and Sediment Control Manual which may be found at: http://www.deq.state.or.us/wq/stormwater/escmanual.htm;

            2.   Storm Water Discharges Associated with Construction Activities which may be found at: http://www.deq.state.or.us/wq/stormwater/docs/nwr/indbmps.pdf; and

            3.   Standard Local Operating Procedures for Endangered Species (SLOPES) which may be found at:

         (b)   Hard copies of these documents may also be available at City Hall.

      CLEAN WATER ACT (CWA). The Federal Water Pollution Control Act.

      DIRECTOR. The City Manager or his or her designee.

      EROSION. The process in which, by action of wind or water, soil particles are displaced and transported. Type of EROSION includes, but are not limited to, the following:

         (a)   GULLY. Concentrated flow, head cutting and down cutting;

         (b)   RILL. Increased topographic relief, higher run-off velocities and soil incision;

         (c)   SPLASH. Raindrop impact, dispersal and mobilization of soil particles;

         (d)   SHEET. Saturated soils, soil particles entrained in run-off water and uniform removal; and

         (d)   STREAM BANK. Natural drainage patterns, toe cutting and bank sloughing.

      EROSION PREVENTION. Any practice that protects the soil surface and prevents soil particles from being detached by rainfall or wind.

      IMPERVIOUS SURFACES. Mainly constructed surfaces, such as rooftops, sidewalks, roads and parking lots that are covered by impenetrable materials such as asphalt, concrete, brick and stone. These materials seal surfaces, repel water and prevent precipitation and meltwater from infiltrating soils. Soils compacted by urban development may also be highly impervious.

      NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). In addition to local approval, DEQ issues 1200-C NPDES permits for sites that disturb over one acre.

      PERVIOUS SURFACE. The opposite of impervious surface; allows water to percolate down into the ground and not sheet off to drainages. Examples of pervious surfaces: preserve/retain existing vegetation, pervious concrete which allows water to pass through and vegetated drainage ditches rather than culverts-bioswales.

      SEDIMENT. Eroded material suspended in wind or water.

      SEDIMENT CONTROL. Any practice that traps the soil particles after they have been detached and moved by wind or water. SEDIMENT CONTROL measures are usually passive systems that rely on filtering or settling the particles out of the water or wind that is transporting them.

      SEDIMENTATION. The deposition of eroded material.

      STATE DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ). The state agency that oversees water quality permits and implements federal CWA requirements.

      STORMWATER RUNOFF. Occurs when precipitation from rain or snowmelt flows over the ground. Impervious surfaces like driveways, sidewalks and streets prevent stormwater runoff from naturally soaking into the ground.

   (C)   Purposes of erosion prevention and sediment control. The purposes of the erosion prevention and sediment control are:

      (1)   To preserve or enhance the health, safety, welfare and quality of life of the inhabitants of the city by providing clean water, and by minimizing risk to inhabitants and property through control of erosion; and

      (2)   To maintain or improve water quality within the city consistent with the requirements of the state and the United States government. This section seeks to accomplish these purposes by requiring measures to prevent erosion, control sediment and properly manage runoff from sites with disturbed soils. All development activity shall comply with the requirements for erosion prevention and sediment control. The intent of these provisions is to minimize the amount of sediment and pollutants that exit the site of development activity and, thereby, minimize the amount of such material that reaches waterways, wetlands, public improvements and the property of others. These provisions are intended to require that temporary and permanent measures be taken for all development activity that require or result in the disturbance of the surface of soil and/or vegetation.

   (D)   Applicability.

      (1)   The erosion prevention and sediment control provisions are applicable to all lands within the city at the date of an application for approval of development activity that can result in altered or increased runoff, erosion and sediment. Development activity includes, but is not limited to, vegetation removal, grading, construction of improvements, landscaping and other activities that disturb the surface of the soil. Measures must be taken to manage site hazards such as water runoff, soil erosion and sediment deposition. Except as otherwise provided in this division (D), this section applies to all development activities that:

         (a)   Will result in the excavation of 800 square feet or more of soil surface; or

         (b)   Will result in the construction of either 2,000 square feet of impervious surface on a site or will result in the coverage of 25% or more of the area of a site in impervious surfaces, whichever is less.

      (2)   Notwithstanding the provisions in division (D)(1) above, this section does not apply to the following:

         (a)   Home gardening that disturbs less than one-quarter of an acre;

         (b)   Activities undertaken to control invasive bush species for fire control purposes or for the preservation of pre-existing clearings or meadows; or

         (c)   Activities undertaken for the purpose of exploration such as backhoe pits and bore holes not requiring newly constructed road access.

   (E)   Erosion prevention and sediment control plan.

      (1)   Applications for authorization to undertake development and other activities described in division (D) above must be accompanied by an erosion prevention and sediment control plan.

      (2)   The erosion prevention and sediment control plan shall:

         (a)   Demonstrate that the subject property will not be disturbed, excavated, filled or developed so as to cause movement of mud, soil, rock, vegetative material or any products of erosion or other depositional material onto, deposited upon or transported to the property of another;

         (b)   Include specific interim and permanent measures that will prevent erosion and control sedimentation on the subject property and meet the requirements of division (E)(2)(a) above;

         (c)   Include a strategy to minimize the removal of vegetation cover, particularly tree cover, necessary for access, building placement or to establish views for proposed structures or improvements; and

         (d)   In cases of development activity that will result in the division of land, include both interim and permanent measures and improvements that must be taken and installed during the development of each lot or parcel created.

      (3)   Preparation of erosion prevention and sediment control plans shall be as follows.

         (a)   On a single lot or parcel on which the development activity will occur on slopes of less than 15%, the plan may be prepared by the applicant utilizing best management practices. Plans for development activities that will result in the division of land may not be prepared pursuant to this division (E)(3)(a).

         (b)   Development activities on properties that were created pursuant to an application and for which an erosion prevention and sediment control plan was approved shall comply with the provisions of that plan and may submit that plan in compliance with the requirements of this section.

         (c)   On lands on which the development or other activity will occur on slopes of 15% or greater, the plan must be prepared by a geologist.

         (d)   Plans prepared in geologic hazard areas must also be prepared in consultation with, and be signed by, a geologist.

         (e)   Final recorded plats and subdivision maps shall indicate that all lots or parcels must be developed consistent with the approved erosion prevention and sediment control plan and that the measures and improvements specified in the plan must be maintained by the owner of each lot or parcel.

         (f)   The applicant or owner of any lot or parcel on which an erosion prevention and sediment control plan has been approved shall record on the title to the subject property a notification of the existence of the plan, of the fact that it can be reviewed in the Planning Division files and that also specifies the obligation of subsequent land owners to refrain from interfering with such measures or improvements and to maintain them.

   (F)   Review and approval of an erosion prevention and sediment control plan.

      (1)   The Director shall review all applications for development activity for conformance with the standards and criteria of this section.

      (2)   The Director may retain decision-making authority over matters subject to administrative review or may refer such matters to the Planning Commission consistent with the provisions of §§ 153.205 through 153.210, 153.225 through 153.231, 153.245 through 153.254, 153.265 through 153.268, 153.280 through 153.283, 153.295 through 153.299 and 153.310 through 153.314.

      (3)   The Director or the Planning Commission may approve, approve with conditions, require changes to or deny the application based upon the criteria or standards listed in division (E) above.

      (4)   The Director shall review the proposed erosion prevention and sedimentation control plan for consistency with the requirements and purposes of these provisions and may approve, approve with conditions, require changes to or deny the application based and such review.

      (5)   No activities may be conducted on the property that is the subject of such a plan prior to the Director’s written approval thereof or prior to the installation of the approved erosion prevention and sedimentation control measures.

      (6)   If prior to applying for a permit or other authorization, vegetation removal is required to allow surveying and/or site study, the applicant shall submit a plot plan to the Director describing the amount and location of vegetation removal. If the property has slopes greater than 15%, vegetation can only be cut off at or above ground level. Stumps and roots shall not be removed. The Director must approve this plan prior to any removal of vegetation.

   (G)   Installation and certification of erosion prevention and sediment control measures.

      (1)   The approved erosion prevention and sediment control measures shall be installed and maintained as required by the approved plan.

      (2)   The installation of measures required in a plan prepared under division (E)(3)(a) above may be certified by the applicant.

      (3)   The installation of measures required in a plan approved pursuant to division (E) above except division (E)(3)(a) above shall be subject to inspection by the city. The Director may allow the project to be inspected and certified by the engineer or by a geologist who prepared the plan.

   (H)   Purposes of storm and surface water management. Detention of stormwater collected from impervious surfaces on a given property, or within public rights-of-way, is essential to the management of stormwater in the city. This section includes standards for conveyance of surface water to streams, creeks and channels. It also addresses pollution reduction and flow control for stormwater generated from new and redevelopment. For the purpose of this section, new and redevelopment refers to any human-made change to improved or unimproved real estate including, but not limited to, the placement of buildings or other structures, dredging, filling, grading or paving. This section provides standards for addressing infiltration, treatment and detention of stormwater separately as well as an option for a combined approach to mitigating the water quality impacts of developments that fall below a certain size threshold.

   (I)   Applicability.

      (1)   No permit for construction of new development or tenant improvements that results in impervious cover greater than 499 square feet for development activity on any land within the city at the date of an application shall be issued until effects on stormwater management are evaluated. The level of review varies according to the size of the affected area as follows.

 

 

      (2)   Separate applicability thresholds for pollution reduction and flow control standards are listed in division (M) below. Development projects shall not be phased or segmented in such a manner to avoid the requirement of this section.

      (3)   The Oregon Department of Transportation (ODOT) may require stormwater and water quality management plan coordination, design approval to state standards and applicable permits for all development impacting state transportation drainage facilities.

   (J)   Stormwater management plan submittal.

      (1)   Site plans shall include the following analyses and descriptions:

         (a)   A description of stormwater mitigation strategies to increase infiltration, promote evapotranspiration (use of water by plants) and reduce the amount of stormwater runoff generated from the site;

         (b)   Calculations of the amount of impervious surface before development and the amount of impervious surface after development. Impervious surface refers only to strictly impervious surfaces including roofs of buildings, impervious asphalt and concrete pavements, and other specifically impervious pavement materials such as mortared masonry and gravel;

         (c)   An analysis of vegetative and other treatment methods used to reduce pollutants;

         (d)   An analysis of flow reduction methods including infiltration, detention and retention techniques; and

         (e)   Statement of consistency with the city stormwater management and, if applicable, the watershed management plan for the basin and/or requirements of a pollutant load reduction plan for a water quality limited stream which may be affected by ground disturbance or increased or altered flow regime.

      (2)   Post-construction plans shall include the following information:

         (a)   As-built plans, stamped by an engineer or geologist indicating all stormwater mitigation and management strategies are installed per approved plans and approved changes; and

         (b)   Maintenance plans for all stormwater treatment facilities installed to comply with this section. The maintenance program shall be subject to a recorded agreement with the city that outlines the stormwater treatment facility responsibilities of property owners and the city.

   (K)   General requirements.

      (1)   Intent and purpose. All development shall be planned, designed, constructed and maintained to provide a system by which storm/surface water within the development will be managed without causing damage or harm to the natural environment, or to property or persons and to protect property from flood hazards.

      (2)   Criteria. Plans shall be submitted to the Planning Department for review. All plans and calculations for areas 5,000 square feet or larger must be stamped and signed by a hydrologist, civil engineer or other similarly qualified person approved by the city. Plan approval will be based on the following criteria.

         (a)   Design, construction and maintenance of proposed stormwater management plan will result in limiting as much as possible the increase in post-development off-site stormwater flow over pre-development off-site stormwater flow.

         (b)   All in-stream culvert installations must allow fish passage in accordance with Division of State Lands (DSL) and the US Army Corps of Engineering (COE) and any other authorized federal, state or local agency.

         (c)   Installation of culverts, spans or stormwater outfalls along natural water features shall be designed to emphasize preservation of natural flow conditions and pursue stream enhancement opportunities.

         (d)   Stormwater mitigation strategies, such as retention of existing trees, and use of porous paving surfaces, as well as stormwater treatment and flow control facilities used to meet the requirements of this code must be included in the plans.

         (e)   Stormwater management plan shall be consistent with the city’s most current stormwater engineering practice.

         (f)   In areas of high pollutant load, stormwater infiltration shall incorporate, or be preceded by treatment as necessary, to prevent siltation of the infiltration facility, protect ground water and prevent toxic accumulations of pollutants in the soil.

         (g)   All storm conveyance pipes, vaults and stormwater infiltration, treatment and detention facilities shall be built to specifications of the city.

         (h)   The plan shall demonstrate compliance with the standards of division (L) below.

         (i)   The plan shall demonstrate compliance standards of division (M) below.

      (3)   Infiltration facilities. The city may further restrict the use of infiltration facilities in high risk areas including those in natural hazard areas with steep slopes, unstable soils, high water tables or sites known to be contaminated by hazardous substances.

         (a)   Infiltration facilities. Infiltration facilities which fall under the jurisdiction of DEQ’s Underground Injection Control (UIC) Program must be registered with the state and meet the requirements of the UIC Program.

         (b)   Security. Applicants shall provide cash or a letter of credit acceptable to the city to assure successful installation and initial maintenance of surface pollution reduction and flow control facilities.

         (c)   Contingency for system failure. If the storm drainage system fails due to lack of maintenance or breakage, and there are impacts to downstream water quality or quantity as a result of the failure, the city may perform the maintenance or repair and has the authority to charge the owner of the facility.

   (L)   Surface water conveyance standards. The following measures are designed to efficiently convey stormwater.

      (1)   Culverts in and spans of streams, creeks, gulches and other natural drainage channels shall maintain a single channel conveyance system.

      (2)   Culverts and/or spans are to be sized for the 24-hour post-developed tributary conditions of the ten-year storm on streams with an average flow less than 200 cfs.

      (3)   Conveyance calculations shall use the following methods for analysis:

         (a)   Projects smaller than 20 acres: the rational method, Santa Barbara Urban Hydrograph, SCS TR-55, HEC-1, or SWMM; and

         (b)   Projects 20 acres or larger: any of the methods except the rational method. Exceptions must be documented and approved by the city.

      (4)   Credit will not be given for in-stream and in-line detention.

      (5)   It shall be the responsibility of the owner that the new drainage system shall not negatively impact any natural water conditions. The owner is responsible for providing a drainage system for all surface water, springs and groundwater on site and for water entering the property, as well as management of springs and groundwater that surface during construction.

   (M)   Pollution reduction and flow control standards.

      (1)   Applicability. These standards shall apply to all subdivisions or site plan applications creating greater than 500 square feet of impervious surface or redevelopment footprint area, unless eligible for an exemption or granted a waiver by the city. Additionally, these standards apply to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the applicability criteria, even though multiple separate and distinct land development activities may take place at different times and at different schedules.

      (2)   Waivers. The city, at its discretion, can waive in whole or in part minimum requirements for stormwater management; provided the applicant can prove with submitted findings that at least one of the following conditions applies:

         (a)   It can be demonstrated that the proposed development is not likely to impair attainment of the objectives or standards of this section, the city’s stormwater plan or the city’s stormwater management program;

         (b)   Alternative minimum requirements for on-site management of stormwater discharges have been established in a stormwater management plan that has been approved by the city;

         (c)   Provisions are made to manage stormwater by an off-site facility. The off-site facility is required to be in place, to be designed and adequately sized to provide a level of stormwater control that is equal to or greater than that which would be afforded by on-site practices and there is a legally obligated entity responsible for long-term operation and maintenance of the stormwater practice;

         (d)   The city finds that meeting the minimum on-site management requirements is not feasible due to the nature or existing physical characteristics of a site; or

         (e)   Non-structural practices will be used on the site that reduce:

            1.   The generation of stormwater from the site;

            2.   The size and cost of stormwater storage; and

            3.   The pollutants generated at the site. These non-structural practices are explained in detail in the current design manual and the amount of credit available for using such practices shall be determined by the city.

   (N)   Infiltration, treatment and detention. Proper management of stormwater includes a combination of infiltration, treatment and detention. This section establishes the review standards for each method.

      (1)   Infiltration.

         (a)   Infiltration systems are to infiltrate a minimum of one-half inch of rainfall in 24 hours.

         (b)   Stormwater treatment, in accordance with division (N)(2) below shall occur prior to or concurrent with infiltration.

         (c)   Infiltration systems shall be designed to overflow to conveyance systems.

         (d)   Infiltration may be waived, or reduced, if it can be demonstrated by an engineer or geologist that infiltration will destabilize the soil, cause structural problems or provide negative impacts to the environment, or because of site constraints such as high groundwater or soil contamination. In such cases, findings shall demonstrate that stormwater runoff will not adversely affect adjacent properties or substantially change the flow characteristics of receiving water ways, or if runoff is determined to occur, the developer shall be responsible for in-lieu-of fees for regional treatment or off-site mitigation.

      (2)   Treatment.

         (a)   Water quality treatment facilities shall be designed to capture and treat runoff for all flows up to the ninety-fifth percentile storm event. For design purposes, the ninety-fifth percentile storm event is defined as two and one-half inches of precipitation in a 24-hour period.

         (b)   The water quality system shall use vegetation for treatment. Alternative systems may be used with approval of the Director after consulting an engineer and shall be designed to provide equivalent treatment as is provided with a vegetated system.

         (c)   Systems treating stormwater from over 5,000 square feet of impervious area and all systems must be designed by a registered engineer and be approved by the city.

      (3)   Detention. On-site storm quantity detention facilities shall be designed to capture and detain runoff as follows:

         (a)   Two-year, 24-hour, post-developed runoff rate to a two-year, 24-hour pre-developed discharge rate; for design purposes, a two-year, 24-hour storm is defined as five inches in a 24-hour period; and

         (b)   Sites with infiltration systems designed to handle storms in excess of that specified in division (N)(3)(a) above will be permitted to reduce on-site detention requirements by a volume equal to 100% of the infiltration capacity.

      (4)   Conveyance. Infiltration, treatment and detention facilities shall be constructed to convey excess stormwater. Conveyance systems shall be sized to meet the following conditions:

         (a)   Stormwater drainpipes draining less than 640 acres: 25-year, 24-hour design storm; and

         (b)   Stormwater drain pipes draining greater than 640 acres: 50-year, 24-hour design storm.

   (O)   Plan review and approval requirements. All plans submitted pursuant to this section must be reviewed and approved by the Director prior to completing applicable development.

(Ord. 1263, passed 7-5-2011; Ord. 1265, passed 7-5-2011; Ord. 1267, passed 1-3-2012)

   The following standards apply to new development where extension of electric power or communication lines is required.

   (A)   General provision. The developer of a property is responsible for coordinating his or her development plan with the applicable utility providers and paying for the extension/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 Planning Commission determines that placing utilities underground would adversely impact adjacent land uses. The Planning Commission may require screening and buffering of aboveground facilities to protect the public health, safety or welfare.

      (2)   Subdivisions. The following additional standards apply to all new subdivisions, in order to facilitate underground placement of utilities.

         (a)   The developer shall make all necessary arrangements with the serving utility to provide the underground services. Care shall be taken to ensure that all aboveground equipment does not obstruct vision clearance areas for vehicular traffic, per §153.140 through 153.142.

         (b)   The Planning Commission 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 Planning Commission may grant exceptions to the undergrounding standard where existing physical constraints, such as geologic conditions, streams or existing development conditions make underground placement impractical.

(Ord. 1267, passed 1-3-2012)

   (A)   Provision. The developer shall make arrangements with the city and applicable utility providers for each utility franchise 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’s public works standards.

   (C)   Recordation. All easements for sewers, storm drainage and water quality facilities, water mains, electric lines or other utilities shall be recorded and referenced on the final plat, as applicable. See §§ 153.225 through 153.231 and 153.245 through 153.254.

(Ord. 1267, passed 1-3-2012)

   No development, including sanitary sewers, water, streets, parking areas, buildings or other development, shall be undertaken without plans having been approved by the city, permit fees paid and permits issued. Permit fees are required to defray the cost and expenses incurred by the city for construction and other services in connection with the improvement. Permit fees are as set by City Council resolution.

(Ord. 1267, passed 1-3-2012) Penalty, see § 153.999

   (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 subchapter, approved construction plans and to improvement standards and specifications adopted by the City Council.

   (B)   Adopted installation standards. The city has adopted the Public Infrastructure Design Standards Manual containing standards, criteria and specifications for public improvements as well as private utility installation within the public right-of-way.

   (C)   Commencement. Work in a public right-of-way shall not begin until all applicable agency permits have been approved and issued.

   (D)   Resumption. If work is discontinued for more than one month, it shall not be resumed until the Public Works Director is notified in writing and grants approval of an extension.

   (E)   City inspection. Improvements shall be constructed under the inspection of the Public Works Director. The Public Works Director may approve minor changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest, except that substantive changes to the approved design shall be subject to review under §§ 153.295 through 153.299. Any survey monuments that are disturbed before all improvements are completed by the subdivider shall be replaced prior to final acceptance of the improvements.

   (F)   Engineer’s certification and as-built plans. A registered civil engineer shall provide written certification in a form required by the city that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, conform to approved plans and conditions of approval and are of high grade, prior to city’s acceptance of the public improvements, or any portion thereof, for operation and maintenance. The developer’s engineer shall also provide two sets of “as-built” plans for permanent filing with the city. If required by the city, the developer or subdivider shall provide a warranty bond pursuant to § 153.194.

(Ord. 1267, passed 1-3-2012)

   (A)   Performance guarantee required. The city, at its discretion, may approve a final plat or building permit when it determines that at least 75% of the public improvements required for the land division or phase thereof are complete and the applicant has an acceptable assurance for the balance of said improvements. The applicant shall provide a bond issued by a surety authorized to do business in the state, irrevocable letter of credit from a surety or financial institution acceptable to the city, cash or other form of security acceptable to the city.

   (B)   Determination of sum. The assurance of performance shall be for a sum determined by the city as required to cover the cost of the improvements and repairs, including related engineering and incidental expenses, plus reasonable inflationary costs (not less than 110% of estimated improvement costs, as prepared by a qualified civil engineer).

   (C)   Itemized improvement estimate. The developer 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 developer shall be recorded with the final plat. The agreement shall not be valid until it is signed and dated by both the applicant and City Planning Official. The agreement shall contain, at a minimum, 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 applicant;

      (3)   The improvement fees and deposits that are required; and

      (4)   Optionally, a provision for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract.

   (E)   When subdivider fails to perform. In the event the developer fails to carry out all provisions of the agreement and the city has un-reimbursed 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 developer shall not cause termination of nor allow expiration of the guarantee without first securing written authorization from the city.

   (G)   Warranty bond. A warranty bond good for two years is required on all public improvements and landscaping when installed in the public right-of-way. The warranty bond shall equal 15% of the total cost of improvements and begin upon acceptance of said improvements by the city.

(Ord. 1267, passed 1-3-2012)