The intent of this Article is to identify public transportation improvements that are subject to development review and establish the standards and procedures for such review. Public transportation improvements that are not authorized by this Article, such as airport improvements, are permitted as specified by Article III Land Use Districts.

701-1

Applicability

701-1.1

This Article applies to project development for the design, construction, operation, maintenance, repair and preservation of public transportation facilities including roadways and bridges, and transit, bicycle and pedestrian facilities authorized by the Washington County Transportation System Plan. Conditions of approval may be imposed to address significant impacts demonstrated to arise from the specific location or design of the improvements or decisions authorized by this Article. Except as expressly provided in this Article, the improvements and decisions identified herein:

A.

Are permitted in each district, and

B.

Shall be subject only to the standards set forth in this Article.

701-1.2

Except as expressly provided in this Article, the standards of this Article shall not apply to Local and Neighborhood Route streets inside an urban growth boundary. The standards in this Article are applicable to all public roads and highways outside an urban growth boundary.

701-1.3

The review standards of this Article are intended to address community or neighborhood impacts rather than isolated impacts on individual properties from which right-of-way or easements are to be obtained. These isolated impacts shall be addressed through right-of-way acquisition, the eminent domain process or dedications required by development in accordance with the procedures and standards applicable thereto.

(Ord. No. 902A, § 2.B.(Exh. 2, § 39.), 11-5-24, eff. 12-5-24)

701-2

Project Categories

The following categories of public transportation improvement projects are established:

A.

Exempt Projects. Projects that are exempt from the provisions of this Code. Decisions authorizing exempt projects are not land use decisions.

B.

Category A Projects. Projects that involve land use standards that do not require interpretation or the exercise of policy or legal judgment. Decisions authorizing Category A projects are not land use decisions.

C.

Category B Projects. Projects that involve land use criteria that are reasonably objective and generally require only limited discretion or judgment. Category B projects are assumed to be appropriate in the District. Decisions authorizing Category B projects are land use decisions.

D.

Category C Projects. Projects that involve land use criteria that require the exercise of a more significant level of discretion and judgment. Category C projects generally have more significant impacts or involve more complex land use issues. Decisions authorizing Category C projects are land use decisions.

701-3

Supplemental Procedures and Standards

In addition to the standards of this Article, public transportation improvements are subject to other regulations that are not land use regulations and other practices and procedures that do not involve land use decision-making. It is not the intent of this Article to convert these supplemental regulations, procedures or practices into land use criteria or proceedings. Rather, they are mentioned to inform the public that the public transportation improvement process involves actions that extend beyond land use decision-making. These regulations, procedures and practices include the following:

A.

Uniform road improvement design standards and other uniformly accepted engineering design standards and practices that are applied during project development.

B.

Procedures and standards for right-of-way acquisition as set forth in Oregon Revised Statutes.

C.

Public involvement guidelines and practices for involving the public during the project development phase of a public transportation improvement, as approved by the Washington County Board of Commissioners.

D.

Interagency coordination, including coordination among affected Departments and Divisions within Washington County, and coordination with cities, TriMet, special districts, state and federal agencies, public utilities, and other service providers.

E.

Compliance with applicable local, state, or federal rules and regulations outside of this Code.

It is recognized that public entities have a responsibility to the public to ensure furtherance of certain non-land use objectives, including the need to rapidly address safety problems so as to protect the health and safety of the public, the need for fiscal responsibility and for efficient provision of transportation facilities and compliance with non-land use statutes or ordinances. This Article shall be construed so as to minimize interference with, and promote the furtherance of, non-land use public policy objectives.

701-4

Definitions

In addition to the definitions set forth in Article I, the following govern this Article:

701-4.1

Access Road. Outside an urban growth boundary, a low-volume public road that principally provides access to property.

701-4.2

Ancillary Easements. Easements related to a transportation facility, including slope, drainage, pedestrian, traffic control, construction and utility easements.

701-4.3

Channelization. Separation or regulation of conflicting traffic movements into definite paths of travel by traffic islands or pavement markings to facilitate the safe and orderly movement of vehicles, bicycles, and pedestrians. Examples include, but are not limited to, left turn refuges, right turn refuges including the construction of islands at intersections to separate traffic, and raised medians at driveways or intersections to permit only right turns. "Channelization" does not include continuous median turn lanes.

701-4.4

Continuous Median Turn Lane. A turn lane typically providing for left turn movements in both travel directions and extending continuously at full width between two or more public street intersections.

701-4.5

Existing Right-Of-Way. Property held by a governmental body in fee or pursuant to dedication for roadway, bridge, pedestrian, bicycle, transit, or other public transportation facility purposes at the time that project development for a public transportation improvement is commenced or maintenance or reconstruction of an existing transportation facility is conducted. For project development of a public transportation improvement, existing right-of-way includes property dedicated for public transportation facility purposes to fulfill a condition of development, regardless of when that occurs.

701-4.6

Final Engineering. Activities necessary to allow an improvement to be advertised for bid. Activities include but are not limited to final design engineering and right-of-way acquisition.

701-4.7

Interim Improvement. Improvements which are constructed to less than a 20-year design for anticipated traffic or are constructed with less than the maximum number of lanes shown on the Transportation System Plan. For town centers and transit station areas, improvements that do not provide the pedestrian, bicycle, or transit facilities or improvements set forth specifically in the community plan shall be considered "interim."

701-4.8

Intersection. The center point of the convergence of two or more county or public roads. Transportation facility modifications with travel or turn lanes extending up to 1,000 linear feet from the center of the convergence point are considered intersection modifications.

701-4.9

Maintenance. Activities that are needed to keep an existing transportation facility in good operating condition in order to preserve the functional integrity and safe operation of the facility. Maintenance activities result in no substantial increase of traffic capacity or change in the character of a facility. Maintenance may include the replacement and enlargement of structures within the floodplain, drainage hazard area or Significant Natural Resource Area.

701-4.10

New Road. Outside an urban growth boundary, a public road or road segment that is not a realignment of an existing road or road segment.

701-4.11

Public Transportation Facilities. Facilities that move or assist in the movement of people or goods. For purposes of this Article, public transportation facilities include roadways and bridges, and transit, bicycle and pedestrian facilities, as well as their component and appurtenant structures. For roadways, these structures include the roadway surface, base, and subgrade; shoulders; embankments and revetments; bridges; traffic signals; signs; guardrails; landscaping; illumination and drainage facilities. For purposes of this Article, public transportation facilities include related facilities such as water quality and quantity improvement facilities and wetland mitigation sites. Public transportation facilities may include utilities and other service facilities that are located within or make use of the transportation facility.

701-4.12

Public Transportation Improvements. Improvements to public transportation facilities that are authorized by the Washington County Transportation Plan.

701-4.13

Realignment. Outside an urban growth boundary, rebuilding an existing roadway on a new alignment where the new centerline shifts outside the existing right-of-way, and where the existing road surface is either removed, maintained as an access road or maintained as a connection between the realigned roadway and a road that intersects the original alignment. The realignment shall maintain the function of the existing road segment being realigned as specified in the acknowledged comprehensive plan.

701-4.14

Reconstruction. Rebuilding substandard or deteriorated transportation facilities including roadways and bridges, and bicycle, pedestrian, and transit facilities. For roadways, the primary objective of reconstruction activities is to improve the roadway base or its sub-grade. The dimensions of a road either remain unchanged or are only slightly modified and no lanes are added.

701-4.15

Roadway Prism. The area occupied by the roadway, including the soil, aggregate, and/or other materials or structures necessary to support the roadway, including but not limited to, appurtenant features such as wing walls, retaining walls, or headwalls. The roadway prism is measured by plan view from toe of slope to toe of slope between the toe of one fill material slope and the other toe of fill material slope.

701-4.16

Significant (Substantial) Reduction in Peak Hour Travel Time. Outside an urban growth boundary, a rural improvement project significantly reduces peak hour travel time when, based on recent data, the time to travel the route is reduced more than 15% during weekday peak hour conditions over the length of the route located within the urban fringe. For purposes of measuring travel time, a route shall be identified by the predominant traffic flows in the project area.

701-4.17

Travel Lane. A lane designed primarily for through travel. Travel lane does not include a climbing, passing or turn lane, or lanes that are part of an interchange such as on and off ramps.

701-4.18

Turn Lane. A lane designed for right or left turn movement provided at intersections or driveways.

701-4.19

Ultimate Improvement. Improvements that are constructed to a 20-year or greater design for anticipated traffic, or constructed to the maximum number of lanes shown on the Transportation System Plan (including the footnotes of the functional classification design parameters table).

701-4.20

Urban Fringe. Lands outside the urban growth boundary that are within five miles of the Portland Metro urban growth boundary.

(Ord. No. 834, § 2.B.(Exh. 2, § 3), 8-21-18, 11-23-18)

701-5

Review Procedures

701-5.1

Except as provided in Section 701-6, Category A projects shall be reviewed and processed in the same manner as Type I actions. A project authorized under Section 703 may be elevated by the Director to a Category B project.

701-5.2

Except as provided in Section 701-6, Category B projects shall be reviewed and processed in the same manner as Type II actions. A project authorized under Section 704 may be elevated by the Director to a Category C project.

701-5.3

Except as provided in Section 701-6, Category C projects shall be reviewed and processed in the same manner as Type III actions.

701-5.4

Review approval shall expire automatically five years from the date of approval unless a request for an extension is filed with the County prior to expiration.

701-6

Project Review Committee

The Director shall establish a Project Review Committee to act in a technical advisory capacity for the review of appropriate public transportation improvement applications subject to this Article.

701-6.1

The Project Review Committee shall consist of representatives of all affected Department of Land Use & Transportation divisions, and may include representatives of other County departments and affected agencies as appropriate.

701-6.2

It shall be the duty of the Project Review Committee to review appropriate public transportation improvement applications subject to this Article for completeness and conformance with the applicable requirements of this Article, the applicable Community Plan or Rural/Natural Resources Plan, and the Transportation System Plan. The Project Review Committee also shall review these applications for conformance with road improvement design and engineering standards and other applicable non-land use regulations. The Project Review Committee shall make recommendations to the Review Authority about an application's conformance with the applicable requirements.

(Ord. No. 834, § 2.B.(Exh. 2, § 3), 8-21-18, 11-23-18)

The following public transportation projects and decisions are exempt from the provisions of this Article, applicable to all functional classifications both inside and outside an urban growth boundary, unless otherwise specified below.

702-1

Decisions taken to regulate the use of roads under the jurisdiction of the Board as the statutory "roads authority". Examples include: eliminating, modifying or imposing prohibitions or restrictions on the classes, dimensions, weights or other characteristics of vehicles or road usage, and installing or removing gates.

702-2

Maintenance and preservation of existing public roads, transportation facilities, structures and ancillary easements such that the traffic capacity and/or character of the transportation system is not significantly affected. Maintenance may include the replacement and enlargement of structures within the floodplain, drainage hazard area or Significant Natural Resource Area, so long as the enlargement of the roadway prism is not more than 20% of the original footprint.

(Ord. No. 834, § 2.B.(Exh. 2, § 4), 8-21-18, 11-23-18)

702-3

Operational improvements within existing right-of-way and ancillary easements including, but not limited to striping, installation of guard rails, pedestrian ways, widening shoulders, street lighting, signalization, reflectors, buttons, signs, flashing beacons, channelization and median control.

702-4

Reconstruction, replacement, or repair of a public transportation facility within existing right-of-way and ancillary easements, provided that:

A.

No removal or displacement of buildings occur;

B.

No new land parcels result;

C.

The facility is not located in a floodplain, drainage hazard area or Significant Natural Resource Area;

D.

No change or alteration to a designated historic or cultural resource occur, pursuant to Section 373;

E.

No additional travel lanes result; and

F.

No reduction in bicycle and pedestrian facilities result.

702-5

Emergency repairs, improvements, detours and traffic pattern changes and other actions taken in response to an immediate and significant risk of harm or inconvenience to the traveling public or for the protection of property. To the extent any such action would otherwise require compliance with this Article, compliance shall be demonstrated within six months of the action. Notwithstanding any other provision, the Review Authority shall apply the standards herein and address mitigation of impacts in light of the exigencies upon which the action was taken.

702-6

Incidental construction activities including contractor construction staging areas and stockpiling of materials within public right-of-way or easements.

702-7

Bus stops, bus shelters and bus turnouts within existing right-of- way.

702-8

Acquisition of right-of-way or ancillary easements related to a facility or use that has received Article VII land use approval or is otherwise exempt from Article VII requirements.

(Ord. No. 834, § 2.B.(Exh. 2, § 4), 8-21-18, 11-23-18)

702-9

Final design engineering and construction of a public transportation facility that is consistent with an approval granted under this Article.

702-10

Changes in frequency of transportation services, including rail, transit and air services.

702-11

Climbing and passing lanes within the right-of-way existing as of July 1, 1987.

702-12

Temporary public road and highway detours that will be abandoned and restored to original condition or use at such time as no longer needed.

702-13

Acquisition of right-of-way and construction of a public transportation facility, including an interim improvement, intended exclusively to serve pedestrians and/or bicyclists, provided that:

A.

No removal or displacement of buildings occur;

B.

No new land parcels result;

C.

The facility is not located in a floodplain, drainage hazard area or Significant Natural Resource Area;

D.

No change or alteration to a designated historic or cultural resource occur, pursuant to Section 373;

E.

No additional turn lanes or travel lanes result;

F.

No ancillary facilities are necessary;

G.

The acquisition of right-of-way is consistent with the transportation system plan;

H.

The project is not part of, or related, to a larger project that otherwise would require an Article VII review; and

I.

The dimensions of the facility are consistent with Road Design and Construction Standards.

(Ord. No. 814, § 2.D.(Exh. 4, § 4), 10-25-16)

The following projects are permitted subject to the applicable development standards of this Article.

703-1

Category A Projects Permitted Inside an Urban Growth Boundary

703-1.1

Projects listed as exempt but which require the acquisition of right-of-way, provided that the acquisition is no greater than the maximum specified for the road classification in the Transportation System Plan (including the footnotes of the functional classification design parameters table).

703-1.2

Widening or modification of an existing transportation facility, provided that:

A.

The project is consistent with the Transportation System Plan;

B.

The right-of-way width and dimensional standards do not exceed the right-of-way width and dimensional standards set forth in the Transportation System Plan (including the footnotes of the functional classification design parameters table);

C.

The new centerline of the road does not deviate more than six feet in either direction from the existing centerline.

703-1.3

Alteration of a floodplain, drainage hazard area, or Significant Natural Resource Area, due to the enlargement of the roadway prism by no more than 20% of its original footprint for reconstruction, repair, or replacement of a transportation facility or any component thereof, so long as flood levels on adjoining properties do not rise, or the area in which the rise will occur contains no structures and the owner of such property signs a written acceptance of any increase in the floodplain or drainage hazard area elevation, or alternatively, so long as any rise in flood level is consistent with an adopted drainage master plan.

703-1.4

Incidental construction activities including contractor construction staging areas and stockpiling of materials outside a public right-of-way or easements.

703-1.5

Maintenance as defined in 701-4.9 that is not otherwise exempt as described in 702-2.

(Ord. No. 834, § 2.B.(Exh. 2, § 5), 8-21-18, 11-23-18)

703-2

Category A Projects Permitted Outside an Urban Growth Boundary

703-2.1

Uses listed as exempt in Section 702, excluding Section 702-8, which require the acquisition of right-of-way, provided that the acquisition is no greater than the maximum specified for the road classification in the Transportation System Plan.

703-2.2

Alteration of a floodplain, drainage hazard area or Significant Natural Resource Area, due to the enlargement of the roadway prism by no more than 20% of its original footprint for reconstruction, repair, or replacement of a transportation facility or any component thereof, so long as flood levels on adjoining properties do not rise, or the area in which the rise will occur contains no structures and the owner of such property signs a written acceptance of any increase in the floodplain or drainage hazard area elevation, or alternatively, so long as any rise is consistent with an adopted drainage master plan.

703-2.3

Maintenance as defined in 701-4.9 that is not otherwise exempt as described in 702-2.

(Ord. No. 834, § 2.B.(Exh. 2, § 5), 8-21-18, 11-23-18)

The following projects are permitted subject to the applicable development standards of this Article.

704-1

Category B Projects Permitted Inside an Urban Growth Boundary

704-1.1

Widening or modification of an existing transportation facility, provided that:

A.

The project is consistent with the Transportation System Plan;

B.

The right-of-way width and dimensional standards do not exceed the right-of-way width and dimensional standards set forth in the Transportation System Plan (including the footnotes of the functional classification design parameters table);

C.

The new centerline of the road deviates more than six feet from the existing centerline.

704-1.2

New transportation facilities or the extension of existing transportation facilities where the alignment is consistent with the location shown in the Transportation System Plan. The right-of-way shall not exceed the right-of-way width standards set forth in the Transportation System Plan (including the footnotes of the functional classification design parameters table).

704-1.3

Alteration of a floodplain, drainage hazard area or Significant Natural Resource Area, due to construction, reconstruction, modification, or replacement of a transportation facility or any component thereof, not otherwise permitted by Section 703-1.

704-1.4

Creation or restoration of wetlands in association with a transportation facility.

(Ord. No. 834, § 2.B.(Exh. 2, § 6), 8-21-18, 11-23-18)

704-2

Category B Projects Permitted Outside an Urban Growth Boundary

704-2.1

The following improvements are allowed within the AF-20, EFU, and EFC Districts, and within the RR-5, AF-5, AF-10, R-COM, R-IND and MAE Districts:

A.

Alteration of a floodplain, drainage hazard area or Significant Natural Resource Area, due to construction, reconstruction, modification, or replacement of a transportation facility or any component thereof, not otherwise permitted by Section 703-2.

B.

A transportation improvement that has been adopted through an exception to the goal related to agricultural lands and to any other applicable goal with which the facility or improvement does not comply.

C.

Creation or restoration of wetlands in association with a transportation facility.

704-2.2

The following improvements are allowed within the RR-5, AF-5, AF-10, R-COM, R-IND and MAE Districts:

A.

Realignment of a public road or highway.

B.

Replacement of an intersection with an interchange.

C.

Continuous median turn lane.

D.

New access roads and collectors within the RR-5, AF-5, AF-10, R-COM, R-IND, and MAE Districts. These roads shall be limited to two travel lanes. Private access and intersections shall be limited to rural needs or to provide adequate emergency access.

E.

Transportation facilities, services and improvements other than those listed in Sections 703-2, 704-2, and 705-2 that serve local travel needs. The travel capacity and level of service of facilities and improvements serving local travel needs shall be limited to that necessary to support rural land uses identified in the Rural/Natural Resource Plan or to provide emergency access.

F.

Construction of additional passing and travel lanes requiring the acquisition of right-of-way but not resulting in the creation of new land parcels, provided that the acquisition is no greater than the maximum specified for the road classification in the Transportation System Plan (including the footnotes of the functional classification design parameters table).

G.

Reconstruction or modification of public roads and highways involving the removal or displacement of buildings but not resulting in the creation of new land parcels, provided that the alignment and right-of-way width is consistent with the Transportation System Plan (including the footnotes of the functional classification design parameters table).

(Ord. No. 834, § 2.B.(Exh. 2, § 6), 8-21-18, 11-23-18)

The projects listed below are permitted subject to the applicable standards of this Article.

705-1

Category C Projects Permitted Inside an Urban Growth Boundary

705-1.1

Modification of an existing transportation facility or construction of a new transportation facility that is authorized by and consistent with the Transportation Plan but does not meet the criteria for a Category A or B project.

705-2

Category C Projects Permitted Outside an Urban Growth Boundary

705-2.1

The following projects are allowed in AF-20, EFU and EFC Districts:

A.

Realignment of a public road or highway.

B.

Replacement of an intersection with an interchange.

C.

Continuous median turn lane.

D.

New access roads and collectors where the function of the road is to reduce local access to or local traffic on a state highway. These roads shall be limited to two travel lanes. Private access and intersections shall be limited to rural needs or to provide adequate emergency access.

E.

Transportation facilities, services and improvements other than those listed in Sections 703-2, 704-3, and 705-4 that serve local travel needs. The travel capacity and level of service of facilities and improvements serving local travel needs shall be limited to that necessary to support rural land uses identified in the Rural/Natural Resource Plan or to provide adequate emergency access.

F.

Construction of additional passing and travel lanes requiring the acquisition of right-of-way but not resulting in the creation of new land parcels, provided that the acquisition is no greater than the maximum specified for the road classification in the Transportation System Plan.

G.

Reconstruction or modification of public roads and highways involving the removal or displacement of buildings but not resulting in the creation of new land parcels, provided that the alignment and right-of-way width is consistent with the Transportation System Plan.

707-1

Prior to, or in conjunction with, review of the design of any project below, the applicant shall submit an alternative analysis report demonstrating that the applicant has evaluated alternative alignments and provided an opportunity for citizen input into the selection of the proposed alignment.

A.

Any Category C project authorized by Section 705-1.1 or Section 705-2.1.A.

B.

Any Category B project authorized by Section 704-1.1, Section 704-2.1.B. or Section 704-2.2 A.

C.

Any Category B project authorized by Section 704-1.2 (New Road or Road Extension) excepting projects where the centerline has been established by right-of-way dedications obtained as a condition of development approval.

D.

Any Category A project identified in Section 703-1.2 that the Director elevates to a Category B project pursuant to Section 701-5.1 and the Director requires an Alternative Analysis review.

707-2

Alternative alignment analysis may be conceptual and based on generalized alignment descriptions or maps. The report shall consist of:

707-2.1

A description of the citizen involvement program;

707-2.2

The criteria or rationale used to select the alignment alternatives;

707-2.3

A brief description of anticipated impacts, where there are significant differences in impacts between the alignment alternatives, of each alignment alternative as relates to the following:

A.

Transportation System Operations

B.

Built and Planned Environment

(1)

Existing and Proposed Land Uses

(2)

Air Quality

(3)

Noise

(4)

Hazardous Materials

(5)

Historic and Cultural Resources

(6)

Recreational Resources

(7)

Visual Resources

C.

Natural Environment

(1)

Wetlands

(2)

Aquatic Resources

(3)

Terrestrial Ecology

(4)

Hydrology and Hydraulics

(5)

Water Quality

(6)

Significant Habitat

The report need not address each of the topics listed above for each alternative if it is concluded that adverse impacts relating to one topic are so significant that further consideration of the alternative is not warranted; and

707-2.4

A description of how the anticipated significant impacts were weighed and balanced, the rationale for selection of the proposed alignment and potential mitigation measures for the proposed alignment.

(Ord. No. 902A, § 2.B.(Exh. 2, § 40.), 11-5-24, eff. 12-5-24)

707-3

The Review Authority shall determine whether the alternative analysis report complies with the requirements of this section, but shall not consider whether alternative alignments might better or more clearly meet the standards of this Article. Acceptance of the alternative analysis report establishes the alignment upon which the applicant may make more specific right-of-way determinations for final design.

An applicant for a Category A, B or C project authorized by this Article shall prepare plans and documentation necessary to demonstrate how the project will comply with the standards of this Article.

708-1

Site Analysis of Proposed Project

For all Category A, B and C projects, a site analysis shall be prepared that includes:

A.

A statement that describes the proposed project; and

B.

Project plans that show the proposed transportation improvement, including roadways, bridges, traffic signals, pedestrian facilities, bicycle facilities, transit facilities, landscaped areas, retaining walls and noise walls, illumination, and drainage facilities. Plans will typically be preliminary or final plans prepared by a registered civil engineer.

C.

Additionally, the following information shall be shown on project plans or on accompanying site plans:

(1)

Existing and proposed right-of-way;

(2)

Proposed areas of access control, if any;

(3)

When applicable, the location and proposed treatment or proposed alteration of the following:

(a)

Floodplains and Floodways;

(b)

Drainage Hazard Areas and Drainageways; and

(c)

Significant Natural Resource Areas;

(4)

Existing conditions within the limits of the proposed project and within 50 feet of the project limits, including but not limited to:

(a)

Location and type of structures, showing proposed removal of structures if applicable;

(b)

Lot area, building setbacks and property dimensions;

(c)

Proposed alterations, if any, to existing improvements, including parking and access; and

(d)

Trees 6 inches or greater in caliper DBH (diameter breast height) proposed to be removed;

(5)

Cross sections of retaining and noise walls; and

(6)

Other plans or documentation needed to demonstrate that the project meets the applicable standards of Sections 709 through 714.

Category B alterations of a floodplain or drainage hazard area shall comply with the following standards:

709-1

Lands Subject to Floodplain and Drainage Hazard Area Standards

Refer to Sections 421-1.1 and -1.2 for purposes of determining lands subject to floodplain and drainage hazard area standards.

(Ord. No. 811, § 2.A.(Exh. 1, § 3), 10-4-16, eff. 11-3-16; Ord. No. 840, § 2.B.(Exh. 2, § 3), 9-18-18, eff. 10-18-18; Ord. No. 847, § 2.A.(Exh. 1), 4-2-19, eff. 5-2-19)

709-2

Submittal Requirements

Applicants shall submit a delineation of the floodplain, floodway and/or drainage hazard area and drainageway in accordance with Section 421-3.1 A. and B.

(Ord. No. 847, § 2.A.(Exh. 1), 4-2-19, eff. 5-2-19)

709-3

A project proposed to encroach into a regulatory floodway adopted and designated pursuant to FEMA regulations shall demonstrate through hydrologic and hydraulic analysis, performed in accordance with standard engineering practice by a licensed professional engineer, that the use will not result in any increase in flood levels during the occurrence of the base flood discharge.

Notwithstanding this provision, a project that would result in such an increase may be approved if the County, at the sole expense of the applicant, first obtains FEMA approval in accordance with 44 CFR Ch. 1, Part 65 (October 1, 1990 edition, or its successor).

(Ord. No. 811, § 2.A.(Exh. 1, § 3), 10-4-16, eff. 11-3-16; Ord. No. 847, § 2.A.(Exh. 1), 4-2-19, eff. 5-2-19)

709-4

A project proposed within a floodplain site where the use does not encroach into an adopted FEMA regulatory floodway shall demonstrate through hydrologic and hydraulic analysis, performed in accordance with standard engineering practice by a licensed professional engineer, that the use will not increase flood levels during the occurrence of the base flood discharge more than 1 foot.

Notwithstanding this provision, such an increase may be approved if the County, at the sole expense of the applicant, first obtains FEMA approval in accordance with 44 CFR Ch. 1, Part 65 (October 1, 1990 edition, or its successor). Upon demonstration by the Director of no other alternative, applicants shall obtain a Conditional Letter of Map Revision (CLOMR) from FEMA before an encroachment, including fill, new construction, substantial improvement, fences or other development, in the regulatory floodway is permitted that will cause any increase in the Base Flood Elevation. The CLOMR shall be submitted prior to the application being deemed complete.

Within six months of project completion, an applicant who obtains a CLOMR from FEMA, or whose development alters a watercourse, modifies floodplain boundaries, or modifies base flood elevations within the regulatory floodway shall submit evidence to the County that a Letter of Map Revision (LOMR) from FEMA has been requested that reflects the as-built changes to the Flood Insurance Study (FIS) and/or Flood Insurance Rate Map (FIRM).

(Ord. No. 811, § 2.A.(Exh. 1, § 3), 10-4-16, eff. 11-3-16; Ord. No. 847, § 2.A.(Exh. 1), 4-2-19, eff. 5-2-19)

709-5

A project proposed on a drainage hazard area site shall demonstrate through hydrologic and hydraulic analysis, performed in accordance with standard engineering practice by a licensed professional engineer that the use will not result in any increase to the drainage hazard area elevation at any point in the community. Notwithstanding this provision, an increase may be approved if the area in which the rise will occur contains no structures and the owner of such property signs a written acceptance of any increase in the drainage hazard area elevation.

(Ord. No. 811, § 2.A.(Exh. 1, § 3), 10-4-16, eff. 11-3-16)

709-6

To minimize the risk that an encroachment will catch substantial debris or otherwise significantly impede floodwater flows, encroachment into a floodway shall include design features such as, but not limited to, openings sized to achieve this purpose, secured breakaway bridges, diverters or spacing of supports.

709-7

A project shall not increase the existing velocity of flood flows so as to exceed the erosive velocity limits of soils in the flood area. Energy dissipation devices or other measures to control the mean velocity so as not to cause erosion of the flood area may be used to meet this standard.

709-8

All cut and fill shall be done in accordance with best management practices.

709-9

All cut and fill shall be structurally sound and designed to minimize erosion. All fill below the flood surface elevation shall be accompanied by an equal or greater amount of cut or storage within the boundary of the development site unless:

A.

The proposed cut and fill is found to be in compliance with an adopted Drainage Master Plan; or

B.

Off-site excavation will be utilized to balance a fill, provided:

(1)

The off-site excavation area will be part of the application for the development proposing to place the fill;

(2)

The off-site excavation area will be located in the same drainage basin as the proposed fill area;

(3)

The off-site excavation area will be located within points of constriction on the drainage system, if any, and as close to the fill site as practicable. The applicant's licensed professional engineer may be required to conduct a storage routing analysis to determine the location of the excavation area;

(4)

The off-site excavation area will be constructed as part of the development placing the fill;

(5)

Any use or future development of the excavated area shall comply with the standards of Section 710 if the area is designated as a Significant Natural Resource; and

(6)

Ownership of the excavated area shall be by one of the following mechanisms:

(a)

Dedication of the area to an appropriate public agency when a public agency is willing to accept the dedication;

(b)

Ownership of the area by the applicant of the proposed development;

(c)

Dedication of the development rights of the area to an appropriate public agency with ownership remaining with the property owner. Maintenance of the area shall be the responsibility of the applicant or property owner; and

(d)

Deed or easement-restricted private ownership that prevents any use or future development of the area as specified by Section 709-9 B.(5). Maintenance of the area shall be the responsibility of the applicant or property owner. A contract for conditions shall be required as specified by Section 207-5.3. The contract for conditions shall be recorded in the Department of Assessment & Taxation Recording Division.

(Ord. No. 811, § 2.A.(Exh. 1, § 3), 10-4-16, eff. 11-3-16; Ord. No. 847, § 2.A.(Exh. 1), 4-2-19, eff. 5-2-19)

709-10

Drainage systems shall be designed and constructed according to the adopted Drainage Master Plan for the area, if one exists.

709-11

There shall be no dumping of fill in a flood area or drainage hazard area without a floodplain or drainage hazard area alteration permit.

710-1

Alteration of an area designated as a Significant Natural Resource by the Rural/Natural Resource Plan or the applicable community plan shall be allowed for the following:

A.

Crossings for public transportation facilities, including streets, roads, bridges, and culverts, and bicycle, pedestrian, and transit facilities.

B.

Construction or reconstruction of public transportation facilities, including streets, roads, bridges, and culverts, and bicycle, pedestrian, and transit facilities.

710-2

Category B alterations of an area designated as a Significant Natural Resource shall comply with the following standards:

710-2.1

The design elements of the applicable Community Plan; or the applicable implementing strategies of the Rural/Natural Resource Plan Element, Policy 10, Implementing Strategy E which states:

"Implement the recommendations of the Oregon Department of Fish and Wildlife Habitat Protection Plan for Washington County and to mitigate the effects of development in the Big Game Range within the EFU, EFC and AF-20 land use designations."

710-2.2

Any proposed project in a Significant Natural Area, as identified by the applicable Community Plan or the Rural/Natural Resource Area Plan Element, shall reduce its impact, to the maximum extent feasible, on the unique or fragile character or features of the Significant Natural Area.

710-2.3

Any proposed project in a Significant Natural Resource Area shall not seriously interfere with the preservation of fish and wildlife areas and habitat identified in the Washington County Comprehensive Plan, or shall identify how the interference can be mitigated.

711-1

Alteration of a property or structure in an area designated as a Historic or Cultural Resource by the Rural/Natural Resource Plan or the applicable community plan shall be allowed for the following:

A.

Crossings for public transportation facilities, including streets, roads, bridges, and culverts, and bicycle, pedestrian, and transit facilities.

B.

Construction or reconstruction of streets, roads, bridges, and culverts, and bicycle, pedestrian, and transit facilities.

711-2

Alterations permitted under this section shall be reviewed in a separate land use proceeding in accordance with Section 373.

An applicant for a Category B or C project authorized by this Article shall prepare plans and documentation necessary to demonstrate how the project will comply with the standards of this subsection (Category A projects are exempt from this section). Maintenance projects, as defined by 701-4.9, are exempt from this section.

(Ord. No. 834, § 2.B.(Exh. 2, § 7), 8-21-18, 11-23-18)

712-1

Inside an urban growth boundary, pedestrian facilities shall be provided along the sides of roads, excluding freeways, that are constructed as ultimate improvements, except when the standards of Section 712-3 are met.

712-2

Inside an urban growth boundary, pedestrian facilities shall be provided along the sides of roads, excluding freeways, that are constructed as interim improvements, when sufficient right-of-way is available except when the standards of 712-3 are met. Otherwise this requirement may be satisfied by improvements required by Section 712-5.

712-3

An exemption to the requirement to construct pedestrian facilities may be granted by the Review Authority upon findings that they are unnecessary at the time of project construction due to the following:

712-3.1

Pedestrian facilities are assured by others to be provided within three (3) years of project completion; or

712-3.2

Abutting land is undeveloped; and

712-3.3

There is a lack of pedestrian oriented activity and the project does not abut a school, park, transit stop, recreation center or commercial center.

712-4

For ultimate capital improvements on Arterials or Collectors as identified on the Functional Classification System Map in the Transportation System Plan, bikeways shall be constructed consistent with the Bicycle Element of the Transportation System Plan. Bikeways include striped and stenciled lanes, 5 to 6 feet in width, buffered bike lanes, cycle tracks, paved shoulders at least 4 feet in width or 14-foot wide outside travel lanes in areas where constraints limit roadway width; these 14-foot wide shared, outside travel lanes shall transition to either paved shoulders or bikeways when the constraint ends.

712-5

For those road construction or reconstruction projects located within Pedestrian Districts or along "Pedestrian Parkways" or "Streetscape Overlay" identified in the Pedestrian Element of the Transportation System Plan, pedestrian enhancements such as those amenities described in the County's Pedestrian Enhancements Design Guideline Booklet shall be considered as part of the project development process.

712-6

For interim capital improvements on roadways identified as Arterials or Collectors on the Functional Classification System Map in the Transportation System Plan, a minimum of a 5-foot paved shoulder for each outside travel lane shall be provided or may conform to the minimums identified in areas where constraints limit roadway width in Section 712-4.

(Ord. No. 834, § 2.B.(Exh. 2, § 7), 8-21-18, 11-23-18)

712-7

Provision of transit improvements, including bus pullouts, bus shelters and benches, shall be coordinated with the local transit authority.

713-1

Category C projects located within the AF-20, EFU, and EFC Districts shall not:

A.

Force a significant change in accepted farm or forest practices on surrounding lands located in the AF-20, EFU and EFC Districts; nor

B.

Significantly increase the cost of accepted farm or forest practices on surrounding lands located in the AF-20, EFU and EFC Districts.

An applicant may demonstrate that these standards for approval will be satisfied through the imposition of conditions. Any conditions so imposed shall be clear and objective.

713-2

Projects identified in Section 705-2.1 A. - E. within the AF-20, EFU, and EFC Districts shall:

A.

Identify reasonable build design alternatives, such as alternative alignments, that are safe and can be constructed at a reasonable cost, not considering raw land costs, with available technology. Design and operations alternatives need not be considered if they are inconsistent with applicable standards or not approved by a registered professional engineer.

B.

Assess the effects of the identified alternatives on farm and forest practices considering:

(1)

The impacts to farm and forest lands, structures and facilities;

(2)

The effects of traffic on the movement of farm and forest vehicles and equipment; and

(3)

The effects of access to parcels created on farm and forestlands.

C.

Select from the identified alternatives, the one, or combination of identified alternatives that has the least impact on lands in the immediate vicinity devoted to farm or forest use, unless that alternative has a significant adverse impact on resources regulated by CDC Sections 373 (Historic and Cultural Resource Overlay District), 379 (Mineral and Aggregate Overlay District), 709 (Alterations to Floodplain and Drainage Hazard Areas), or 710 (Alternations to Significant Natural Resources), in which case the Review Authority may choose a different alternative that balances impacts to lands devoted to farm or forest use with impacts to resources regulated by CDC Sections 373, 379, 709, or 710.

714-1

Interim improvements shall be designed to not impede future improvement of the facility to ultimate standards.

714-2

For a project that has received preliminary or final approval, the length of the project may be reduced through a Type I procedure when sufficient funds have not been appropriated to construct the entire project.

714-3

On those roadways that are designated as "Pedestrian Parkways" or "Streetscape Overlay" on the Pedestrian System Map in the Transportation System Plan, consider the street design characteristics set forth in the Regional Transportation Plan and Metro's publication entitled 'Creating Livable Streets - Street Design Guidelines for 2040' during development review and project development, when construction or reconstruction is proposed.

714-4

For those roadway construction or reconstruction projects located within Pedestrian Districts or along "Pedestrian Parkways" or "Streetscape Overlay" identified in the Pedestrian Element of the Transportation System Plan, pedestrian enhancements such as those described in the county's Pedestrian Enhancements Design Guideline Booklet shall be considered as part of the project development process.