(A) Purpose. The purpose and intent of the development standards is to bring those projects involving building design and the development of land under special review where development impacts that may cause a conflict between uses in the same adjoining district are be minimized, and to promote the general welfare by directing attention to site planning, and giving regard to the natural environment and the elements of creative design to assist in conserving and enhancing the appearance of the city, and to support the promotion and maintenance of healthful and safe conditions upon surrounding properties and neighborhoods, thereby affecting the public health, safety and general welfare. Review of site plans is intended to promote functional, safe and attractive developments, which maximize compatibility with surrounding developments and uses and with the natural environment. Review of site plans mitigates potential land use conflicts resulting from proposed development through specific conditions attached by the review body. Review of site plans focuses on the layout of a proposed development, including building placement, setbacks, location of parking areas, pedestrian access, external storage areas, external lighting (including LED), open areas and landscaping.
(B) Scope. The provisions of this section shall be applicable to:
(1) The creation, dedication or construction of all new public or private streets in all subdivisions, partitions or other developments in the city;
(2) The extension or widening of existing public or private street rights-of-way, easements or street improvements including those which may be proposed by an individual, or which may be required by the city in association with other development approvals;
(3) The construction or modification of any utilities or sidewalks or private street easements with the provision of an adequate area for sidewalks, sanitary sewers, storm sewers, water lines, natural gas lines, power lines and other utilities commonly and appropriately placed in such rights-of-way and for the drainage of surface water from all residential, commercial and industrial development; to minimize erosion; to reduce degradation of water quality due to sediments and pollutants in storm water runoff; and
(4) The provisions of this section shall apply to all land partitions and subdivisions, planned unit developments, conditional use permits, multi-family dwelling developments, multiple use structures and development, commercial developments and industrial development; and to the reconstruction or expansion of such developments.
(C) Modification of these site development standards. The application of these standards to a particular development shall be modified as follows:
(1) Development standards, which are unique to a particular use, or special use, shall be set forth within the district or in that section governing the use; and
(2) Those development standards which are unique to a particular district shall be set forth in the section governing that district.
(D) Public works design standards.
(1) Compliance. All developments will comply with any applicable portions of the most current city design and public facilities standards.
(2) Application of public works design standards. Standards for the provision and utilization of public facilities or services available within the city shall apply to all land developments in accordance with the following table of reference. No development permit shall be approved unless the following improvements are provided prior to occupancy or operation.
Public Facilities Improvement Requirements Table | ||||||
Fire Hydrant | Street Improvements | Water Hookup | Sewer Hookup | Storm Drainage | Street Lights | |
Public Facilities Improvement Requirements Table | ||||||
Fire Hydrant | Street Improvements | Water Hookup | Sewer Hookup | Storm Drainage | Street Lights | |
Single-family dwelling and duplex | No | C-2 | Yes | Yes | Yes | No |
Multi-family dwelling | Yes | Yes | Yes | Yes | Yes | Yes |
New commercial building | Yes | Yes | Yes | Yes | Yes | Yes |
Commercial expansion | C-1 | C-3 | Yes | Yes | Yes | Yes |
New industrial building | Yes | Yes | Yes | Yes | Yes | Yes |
Industrial expansion | C-1 | C-3 | Yes | Yes | Yes | Yes |
Partition | Yes | Yes | Yes | Yes | Yes | Yes |
Subdivisions, PUD, and manufactured home park | Yes | Yes | Yes | Yes | Yes | |
Legend: No = not required Yes = required C = conditional, as noted C-1 = fire hydrants for commercial or industrial expansions. One or more fire hydrants are required when the total floor area of a new or expanded building exceeds 2,500 square feet or the proposed use is classified as hazardous (H) in the Uniform Building Code or Uniform Fire Code C-2 = street improvements for single family dwellings and duplexes. New single family dwellings and duplexes, which require a street extension, must provide street improvements to city street standards. C-3 = street improvements for commercial or industrial expansions. Lots fronting on county roads must obtain access permits from the Tillamook County Public Works Department. The city will require improvement to full city standards when the use meets any of the following criteria: a. The use generates an average of 100+ trips per day per 1,000 gross square feet of a building, as documented in the most recent Trip Generation Manual of the Institute of Transportation Engineers or other qualified source; or b. The use includes daily shipping and delivery trips by vehicles over 20,000 pounds gross vehicle weight. | ||||||
(E) Standards for improvements. In addition to other requirements, all improvements shall conform to the requirements of this chapter and any other improvement standards or specifications adopted by the city, and shall be installed in accordance with the following procedure.
(1) Improvement work including excavation, clearing of trees or other work shall not be commenced until plans have been checked for adequacy and approved by the city. To the extent necessary for evaluation of the proposal, the plans may be required before approval of the tentative plan of a subdivision or partition. All plans shall be prepared in accordance with requirements of the city.
(2) Improvement work shall not be commenced until the city has been notified in advance, and if work has been discontinued for any reason, it shall not be resumed until the city has been notified.
(3) All required improvements shall be constructed under the inspection, and to the satisfaction, of the city. The city may require changes in typical section and details if unusual conditions arise during construction, which warrant such change in the interests of the city.
(4) All underground utilities, sanitary sewers and storm drains installed in streets shall be constructed prior to the surfacing of such streets. Stubs for service connections for all underground utilities and sanitary sewers shall be placed to such length as will obviate the necessity for disturbing the street improvements when service connections are made.
(5) Fire hydrant standards:
(a) The maximum distance between a new primary building and the nearest fire hydrant shall be 250 feet for residential development and 150 feet for commercial development. If the above standards cannot be met, the installation of an additional hydrant that would satisfy the applicable standard shall be required of the applicant; and
(b) Hydrants shall have a 250 foot maximum spacing between hydrants. Any such new fire hydrant shall have a minimum flow of 1,000 gallons per minute and shall be on a minimum eight-inch waterline. All other specifications not listed must be engineered to meet American Insurance Association (A.I.A.) or N.F.P.A. standards.
(6) Utility standards:
(a) All new electric, telephone and cable connections are subject to approval by the City Public Works Supervisor and shall be placed underground.
(b) Utilities shall be restricted to one side of the street in new developments, or the closest side of the utility must be at least ten feet from where trees are to be planted. Utilities should be in areas of compacted soils, such as under roadbeds or sidewalks, to discourage roots in the utility zone. Where underground utilities cannot avoid being placed within the drip line of resource trees, tunneling, a minimum of two feet in depth, or hand digging trenches with all roots one inch or larger left intact and smaller roots cleanly cut on the tree side of the trench, shall be the means of installing these utility lines.
(c) Service lines from the right-of-way shall be located as far as possible from all trees or designated tree planting locations. If utilities must be placed within drip lines of significant or heritage trees, lines shall be tunneled at a minimum of two feet in depth (keeping as far from the tree trunk as possible, but in no circumstance within five feet of the tree trunk).
(d) For a period of five years after the overlay or reconstruction of a city street, there shall be no cutting of the pavement for the installation of utilities lines without the approval of the City Public Works Director.
(7) The grading of the street right-of-way and lot constructed at the time of the subdivision or development construction shall be under the supervision of an engineer, geologist or landscape architect who is knowledgeable and skilled in the treatment of soils, soil stabilization and soil erosion. Due consideration shall be given to the existing terrain, cross slope and vegetation. Excessive grading of the right-of-way or the lot areas or removal of large amounts of vegetation will not be permitted. Approval of the grading plan by the city engineer and the Planning Commission shall be given prior to any construction.
(F) Improvement requirements. Improvements to be installed at the expense of the applicant or land owner and at the time of development, subdivision or partition:
(1) Streets. Public streets, including alleys, within the subdivision and public streets adjacent but only partially within the subdivision shall be improved. Upon completion of the street improvement, monuments shall be re-established and protected in monument boxes at every public street intersection and all points of curvature and points of tangency on their center lines.
(2) Drainage system. If any portion of any land proposed for development is subject to flood hazard, poor drainage or geologic hazards an adequate system of drainage must be provided, and may include storm drains, retention ponds, dikes or pumps.
(3) Structures. Structures specified as necessary by the city for drainage, access and public safety shall be installed.
(4) Sidewalks. Sidewalks shall be installed to conform to city standards unless a variance has been granted by the City Council.
(5) Sewers. Sanitary sewer facilities connecting with the existing city sewer system and storm water sewers, of design, layout and location approved by the city public works design standards, shall be installed.
(6) Water. Water mains and fire hydrants of design, layout and location approved by the city shall be installed.
(7) Street lighting. Street lighting of an approved type (including LED) shall be installed on all streets at locations approved by the city.
(8) Street name signs. All streets shall be legibly marked with street names signs not less than two in number at each intersection, according to specifications furnished by the city.
(9) Improvements of easements. Whenever the safety of adjoining property may demand, any easement for drainage or flood control purposes shall be improved in a manner approved by the city.
(10) Underground utilities. All utilities shall be installed underground, unless determined to be economically infeasible upon review by the Planning Commission.
(G) Storm drainage.
(1) Plan for storm drainage and erosion control. No construction of any facilities in a development shall be permitted until a storm drainage and erosion control plan for the project is prepared by an engineer registered in the state approved by the city. Due to its percolation and absorption properties which help to slow and dissipate storm runoff, open space is hereby regarded as a public facility and a valuable aspect of the city’s infrastructure. This plan shall contain at a minimum:
(a) The methods to be used to minimize the amount of runoff, filtration and pollution created from the development both during and after construction;
(b) Plans for the construction of storm sewers, open drainage channels and other facilities which depict line sizes, profiles, construction specifications and other such information as is necessary for the city to review the adequacy of the storm drainage plans; and
(c) Calculations used by the engineer in sizing storm drainage facilities.
(2) General standards. All development shall be planned, designed, constructed and maintained to conform to the standards described in the city’s stormwater master plan and the city public works standards to:
(a) Protect and preserve existing natural drainage channels identified on the city’s stormwater master plan. Protection shall be assured by not altering existing channels and providing a 20 foot setback from the banks of the existing channel. Exceptions include the continuation of existing practices and development already within the 20 foot setback, emergency repairs to the drainage channel and routine maintenance or replacement of existing facilities as approved by the City Public Works Director;
(b) Protect development from flood hazards as required in § 152.037;
(c) Provide a system by which water within the development will be controlled without causing damage or harm to the natural environment, or to property or persons within the drainage basin;
(d) Assure that waters drained from the development are substantially free of pollutants, through such construction and drainage techniques as sedimentation ponds, reseeding, pleasing of grading;
(e) Assure that waters are drained from the development in such a manner that will not cause erosion to any greater extent than would occur in the absence of development;
(f) Provide dry wells, French drains or similar methods, as necessary to supplement storm drainage systems; and
(g) Avoid placement of surface detention or retention facilities in road rights-of-way. In order to prevent degradation of a natural watercourse, the city may require the watercourse to be bridged or spanned.
(3) In the event a development or any part thereof is traversed by any watercourse, channel, stream or creek, gulch or other natural drainage channel, adequate easements for storm drainage purposes shall be provided to the city. This does not imply maintenance by the city.
(4) Channel obstructions are not allowed, except as approved for the creation of detention or retention facilities approved under the provisions of this chapter. Fences with swing gates may be utilized.
(5) Prior to acceptance of a storm sewer system by the city, the storm sewers shall be flushed and inspected by the city. All costs shall be born by the developer.
(H) Utility lines and facilities.
(1) Standards.
(a) The location, design, installation and maintenance of all utility lines and facilities shall be carried out with minimum feasible disturbances of soil and site.
(b) All development, which has a need for water service, shall install water facilities and grant necessary easements pursuant to the requirements of the city.
(c) All development, which has a need for electricity, gas and communications services shall install them pursuant to the requirements of the district or company serving the development. Except where otherwise prohibited by the utility district or company, all such facilities shall be underground.
(d) All development, which has a need for public/private sanitary sewers, shall install the facilities pursuant to the requirements of the city. Installation of such facilities shall be coordinated with the extension of necessary water services and storm drainage facilities. No storm drainage conveyances shall be outlet or connected to the city’s sanitary sewer system.
(e) All land divisions or other development requiring subsurface disposal systems shall be prohibited except for:
1. Development of land divisions shall conform to the requirements of that district; and
2. Parcels which have unique topographic or other natural features, which make sewer extension impractical, as determined on a case-by case basis by the City Public Works Director.
(f) All developments proposing sub-surface sewage disposal shall receive approval for the system from the city. Said systems shall be installed pursuant to O.R.S. 454.605 and 454.745 and the O.A.R. 340, Divisions 71 and 73.
(2) Utility easements. Easements for sewers, drainage, water mains, public utility installations, including overhead or underground systems, and other like public purposes, shall be dedicated, reserved or granted by the land developer in widths not less than five feet on each side of rear lots or parcel lines, alongside lot or parcel lines and in planting strips wherever necessary, of lesser width as approved by the city.
(I) Access management. Access shall be managed to maintain an adequate “level of service” and to maintain the “functional classification” of roadways as required by the City Transportation System Plan (TSP).
(1) The city or other agency with access permit jurisdiction may require the closing or consolidation of existing curb cuts or other vehicle access points, recording of reciprocal access easements (i.e., for shared driveways), development of a frontage street, installation of traffic control devices and/or other mitigation as a condition of granting an access permit, to ensure the safe and efficient operation of the street and highway system. Access to and from off-street parking areas shall not permit backing onto a public street.
(2) When vehicle access is required for development (i.e., for off-street parking, delivery, service, drive-through facilities and the like), access shall be provided by one of the following methods (a minimum of ten feet per lane is required). These methods are “options” to the developer/subdivider.
(a) Option 1. Access is from an existing or proposed alley or mid-block lane. If a property has access to an alley or lane, alley access is preferred.
(b) Option 2. Access is from a private street or driveway connected to an adjoining property that has direct access to a public street (i.e., “shared driveway”). A public access easement covering the driveway shall be recorded in this case to assure access to the closest public street for all users of the private street/drive.
(c) Option 3. Access is from a public street adjacent to the development parcel. If practicable, the owner/developer may be required to close or consolidate an existing access point as a condition of approving a new access. Street accesses shall comply with the access spacing standards in division (I)(5) below.
(3) Subdivisions fronting onto an arterial street. New residential land divisions fronting onto an arterial street shall be required to provide alleys or secondary (local or collector) streets for access to individual lots. When alleys or secondary streets cannot be constructed due to topographic or other physical constraints, access may be provided by consolidating driveways for clusters of two or more lots (e.g., includes flag lots and mid-block lanes).
(4) Through lots and parcels.
(a) When a lot has frontage onto two or more streets, access shall be provided first from the street with the lowest classification. For example, access shall be provided from a local street before a collector or arterial street.
(b) Except for corner lots, the creation of new double-frontage lots shall be prohibited in the Open Space Land Use District (O District); Single-Family Residential (R-7.5 and R-5.0); Multiple Use Residential (R-O); Neighborhood Commercial District (N-C); Highway Commercial District (H-C); Central Commercial District (C-C District); Town Center District (TC); Light Industrial (L-I); General Industrial (G-I) unless topographic or physical constraints require the formation of such lots.
(c) When double-frontage lots are permitted in these zones, a landscape buffer with trees and/or shrubs and ground cover not less than 20 feet wide shall be provided between the back yard fence/wall and the sidewalk or street; maintenance shall be assured by the owner (i.e., through homeowner’s association and the like).
(5) Access spacing. Driveway accesses shall be separated from other driveways and street intersections in accordance with the following standards and procedures.
(a) Local streets. A minimum of ten feet separation (as measured from the sides of the driveway/street) shall be required on local streets (i.e., streets not designated as collectors or arterials).
(b) Collector streets. Access spacing on collector and at controlled intersections (i.e., with four-way stop sign or traffic signal) shall be 50 feet for a collector.
(c) Arterials. Access spacing on arterial streets, and at controlled intersections (i.e., with four-way stop sign or traffic signal) shall be 100 feet. Access to Highway 101 shall be subject to the applicable standards and policies contained in the state’s highway plan.
(d) Number of access points.
1. For single-family (detached and attached), two-family and three-family housing types, one street access point is permitted per lot, when alley access cannot otherwise be provided; except that two access points may be permitted for two-family and three-family housing on corner lots (i.e., no more than one access per street), subject to the access spacing standards in this division (I)(5).
2. The number of street access points for multiple family, commercial, industrial and public/institutional developments shall be minimized to protect the function, safety and operation of the street(s) and sidewalk(s) for all users.
3. Shared access may be required, in conformance with division (Q) below, in order to maintain the required access spacing, and minimize the number of access points.
(J) Land for public purposes.
(1) The City Planning Commission or City Manager designate may require the reservation for public acquisition, at a cost not to exceed acreage values in the area prior to subdivision, or appropriate areas within the subdivision for a period not to exceed one year providing the city has an interest or has been advised of interest on the part of the State Highway Commission, school district or other public agency to acquire a portion of the area within the proposed subdivision for a public purpose, including substantial assurance that positive steps will be taken in the reasonable future for the acquisition.
(2) The City Planning Commission may require the dedication of suitable areas for parks, playgrounds and transportation rights-of-way, subject to rough proportionality with the impacts being created.
(K) Minimum street standards for the creation of roads, easements and rights-of-way. Please refer to the most recently adopted city design standards. All streets shall be graded for the appropriate development standard. The developer shall improve the extension of all streets to the centerline of existing streets with which subdivision or development streets intersect.
(1) General. The location, width and grade of streets shall be considered in relation to existing and planned streets, to topographical conditions, to public convenience and safety, to the proposed use of the land to be served by the streets and to the Comprehensive Plan adopted by the city. The street system shall assure an adequate traffic circulation system. Intersection angles, grades, tangents and curves shall be appropriate for the traffic to be carried and to the terrain. The arrangement of streets in a subdivision shall either:
(a) Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or
(b) Conform to the city’s Comprehensive Plan to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impractical.
(2) Minimum right-of-way.
(a) Unless otherwise indicated in the Comprehensive Plan, the widths of the streets, alleys and other public ways, in feet, shall comply with the requirements of the standard drawings in the city’s Transportation Systems Plan (TSP).
(b) Where existing conditions of topography or the size and shape of land parcels, or other like physical conditions, make it otherwise impractical to provide buildable lots, the Planning Commission may accept a narrower right-of-way with suitable allowance for increased width at strategic locations for turning lanes, parking bays or similar special design features.
(3) Reserve strips. Reserve strips or street plugs controlling the access to streets shall be required for the protection of the public welfare and for substantial property rights. The control and disposal of the land composing such strips or street plugs shall be placed within the jurisdiction of the city, by deed, under conditions approved by the Planning Commission or City Council.
(4) Alignment. All streets, as far as practicable, shall be in alignment with existing streets by continuations of the centerlines thereof. The staggering of street alignment resulting in “T” intersections shall, wherever practical, leave a minimum distance of 200 feet between the centerlines of the streets.
(5) Future extension of streets. Where necessary to give access to or permit a satisfactory future subdivision of adjoining land, streets shall be extended to the boundary of the subdivision or development. Reserve strips and street plugs shall be required to preserve the objectives of street extension. The Planning Commission may require the improvement of a suitable turnaround at the temporary dead end.
(6) Intersection angles. Streets shall be laid out to intersect at 90 degrees, except where topography requires a lesser angle, but in no case less than 60 degrees. Streets shall have at least 30 feet of tangent adjacent to the intersection unless the topography justifies a lesser distance.
(7) Intersection corner rounding. The property line at each block corner shall be rounded with a curve adequate to allow a radius of not less than 25 feet at the edge of road surface and provide utility and sidewalk space. A greater radius at the edge and corresponding block corner radius may be required if the streets intersect at other than right angles.
(8) Curve radius. Centerline radii of curves shall be not less than 300 feet on arterial streets, 200 feet on collector streets or 100 feet on all other streets and shall be to an even ten feet.
(9) Grades. No street or highway shall have a grade of more than 12% unless, because of topographical conditions, the Planning Commission determines that a grade in excess of 12% is necessary.
(10) Half-streets. Half-streets, while generally not acceptable, may be approved when essential to the reasonable development of the subdivision, when in conformity with the other requirements of these regulations, and when the Planning Commission finds it will be practical to require the development of the other half when the adjoining property is subdivided. Whenever a half-street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. Reserve strips and street plugs shall be required to preserve the objectives of the half-streets.
(11) Cul-de-sac. A cul-de-sac, while generally not acceptable, may be approved when essential to the reasonable development of the project, when in conformity with the other requirements of these regulations, and shall be as short as possible.
(a) Cul-de-sacs shall only be allowed when one or more of the following conditions exist:
1. Physical or topographic conditions make a street connection impracticable. Such conditions, include, but are not limited to, freeways, railroads, steep slopes (greater than 20% grade) wetlands or other bodies or water where a connection could not reasonably be provided;
2. Buildings or other existing development on adjacent lands physically preclude a connection now or in the future considering the potential for redevelopment; and
3. Where streets would violate provisions of leases, easements, covenants, restrictions or other agreements existing as of the date of adoption of the city’s Transportation System Plan, which precluded a required street connection.
(b) Cul-de-sacs shall have maximum lengths of 600 feet. All cul-de-sacs shall terminate with circular turnarounds.
(c) Cul-de-sacs or dead end hammerhead streets shall be connected with walking or bicycle paths in accordance with division (P) below.
(12) Existing streets. Whenever existing streets adjacent to or within a proposed development area are of inadequate width, additional right-of-way shall be provided at the time of development. No street with pavement less than two years old shall be cut to install any utilities unless approval is given by the City Public Works Director.
(13) Street names. No street name shall be used which will duplicate or be confused with the names of existing streets in the city and vicinity except for extensions of existing streets. Streets which are an extension of, or are in alignment with, existing streets shall have the same name as the existing street. Street names and numbers shall conform to the established pattern in the city and shall be subject to the approval of the Planning Commission.
(14) Marginal access streets. Where a subdivision or development abuts or contains an existing or proposed arterial street, the Planning Commission may require marginal access streets, reverse frontage lots with suitable depth, screen planting contained in a non-access reservation along the front, rear or side property line or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
(15) Alleys. Alleys are encouraged where feasible.
(16) Cross-sections. The following cross-section drawings show the standards for each type of roadway in the city.
(L) Approval of streets and ways.
(1) Creation of streets:
(a) The creation of a street shall be in conformance with the requirements for the development, except that the Planning Commission may approve the creation of a street to be established by deed without full compliance with the regulations applicable to a development when the Planning Commission has sufficient assurance that the proposed street or enlargement thereof shall be improved to city standards and when the City Planning Commission finds any of the following conditions exist.
1. The establishment of the street, or the extension or widening thereof, is initiated by the City Council and declared essential for the purpose of general traffic circulation and the partitioning of land is of incidental effect rather than the primary objective of the street.
2. The tract in which the street is to be dedicated is an isolated township of one acre or less.
(b) In those cases where approval of a street may be given without full compliance with the regulations applicable to developments, a copy of the proposed deed shall be submitted to the city at least five days prior to the Planning Commission meeting at which consideration is requested. The deed and such information as may be submitted shall be reviewed by the City Planning Commission and if, not in conflict with the standards of these regulations, shall be approved with conditions necessary to preserve these standards. Upon approval, the City Planning Commission shall forward the said deed to the City Council with recommendations that the same be accepted, and with further recommendations as to the improvement requirements and assurance thereof which the Planning Commission recommends as a condition to acceptance of this street.
(2) Before finalization and acceptance of any site plan approval, conditional use permit, planned unit development, final plat of a subdivision, final map of a partition, commercial and industrial site development, multi-family dwellings and multiple use structure development, the applicant shall install required street and sidewalk improvements and repair existing streets and other existing public facilities damaged in the development of the property.
(M) Blocks.
(1) General. The length, width and shape of blocks shall be designed with due regard to providing building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic, and recognition of the limitations and opportunities of topography.
(2) Maximum block size. In commercial - Neighborhood Commercial (N-C), Town Center (TC) and Central Commercial (C-C)) - the maximum block length along local and collector streets shall be 500 feet. In all other zones, block length along local and collector streets shall not exceed 600 feet between street corner lines of rectilinear developments unless it is adjacent to an arterial street or unless the topography of the location of adjoining streets justified as exception. Along an arterial street, the maximum block length shall be 1,800 feet.
(3) Minimum block size along arterial streets. The recommended minimum length of blocks along an arterial street is 1,000 feet. A block shall have sufficient width to provide for two tiers of building sites unless topography or the location of adjoining streets justifies an exception.
(N) Lots.
(1) Size and shape. Lot size, shape, width and orientation shall be appropriate for the location of the subdivision or development, solar orientation and for the type of use contemplated. The width of every lot shall comply with the requirements of the zoning ordinance. Lots shall have an average depth of not less than 100 feet unless existing conditions or topographic conditions make it mandatory that lots be reduced in depth, in which case the lot depth may not be less than 80 feet. These minimum standards shall apply with the following exceptions.
(a) In areas that will not be served by a public sewer, minimum lot size-shall be increased to conform with the requirements of the County Health Department and shall take into consideration problems of water supply and sewage disposal.
(b) Where property is zoned and planned for industrial or commercial use, other standards may be permitted at the discretion of the Planning Commission. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.
(c) The lot layout shall be in agreement with the area designations shown on the adopted Comprehensive Plan.
(2) Lot side lines. The side lines of lots, as far as practicable, shall run at right angles to the street upon which the lot faces.
(O) Site and building design. The site and building design standards as listed in each of the city zone districts are required.
(1) Siting standards. All new buildings should face the street except if conditions such as lot size, shape, topography or other circumstances over which the applicant has no control apply to the property. Primary ground floor entrances must orient to streets and/or the pedestrian entrance shall be the visually predominant entrance. The original topography and grade of building sites should be maintained.
(3) Historic resources.
(a) Sites currently listed on the Statewide Inventory of historic sites and buildings, as well as any future sites of historic importance, shall be subject to additional site review criteria.
(b) In addition to the requirements of this section, any demolition, interior remodeling or alterations to an historic building, or development of an historic site shall be subject to an additional public hearing. At the time of mailing of the public notice, the city shall give a 45-day notice to the state’s historical preservation office and local historic interest groups of the proposed development in order to determine an appropriate course of action. The testimony of these groups shall be included in the staff report to the Planning Commission.
(4) Utility service.
(a) It shall be required that electric, telephone and other utility lines shall be located underground, except if conditions such as topography or other circumstances over which the applicant has no control apply to the property.
(b) Utility lines and installations remaining above the ground shall be located to the rear of the site so as to have a harmonious relationship to adjacent and abutting properties and the site.
(c) Solid waste disposal containers shall be screened and placed away from public view in areas as indicated in the site plan (as per division (F) above).
(5) Agricultural buffering.
(a) All rear lot lines abutting the county F-1 Zone shall be fenced.
(b) A 20 foot setback and additional landscaping shall be required to avoid conflicting uses for agricultural protection except if conditions such as lot size, shape, topography or other circumstances over which the applicant has no control apply to the property.
(c) In conjunction with the abutting or adjacent county F-1 Zone, as part of the requirements for development, the following declaratory statement be entered into the building permit and chain of title.
“The subject property is located adjacent to or abutting an area designated by the county and recognized by the city for agricultural uses. Accepted farm practices in these adjacent or abutting areas may create inconvenience for the owners of adjacent properties. However, the city does not consider it the agricultural operator’s responsibility to modify farm practices to accommodate owners or occupants of surrounding property, with the exception of such operator’s violation of existing federal and state or local laws.”
(6) Wetlands planning area.
(a) The intent of this division (O)(6) is to provide adequate protection for environmentally sensitive areas in all zones within the UGB. Areas of concern include perennial streams, sloughs, rivers and wetlands with their associated fish and wildlife species and riparian wetland vegetation. The location of these areas is shown in the “Wetland Planning Map for the City of Tillamook”, adopted herein by this reference.
(b) In the event of a proposed development within a wetland or setback area, a copy of the proposed development as per § 152.070(F)(1) through (F)(7)
will be submitted to the O.D.F.W. for review.
(c) O.D.F.W. shall have a 30-day review period from the date of application in which to provide written comments and recommendations on the proposed development. During this review period, no site alteration shall be allowed to take place. The recommendations issued by the O.D.F.W. will be presented as part of the staff recommendation and shall be followed by the appropriate reviewing body in determining the appropriate development action.
(P) Pedestrian and bicycle access and circulation.
(1) Purpose. The primary pedestrian and bicycle circulation plan is addressed in the city’s adopted Transportation System Plan (TSP). The TSP provides for a Pedestrian System Plan and a Bicycle System Plan to ensure safe, direct and convenient pedestrian and bicycle circulation. New streets should be constructed to the standards specified in the TSP to allow for pedestrian and bicycle access. New development, as stated in § 152.004, shall provide a continuous pedestrian and/or multi-use pathway system. The placement of a sidewalk or pathway along the frontage(s) of a subject property is required. (Pathways only provide for pedestrian circulation. Multi-use pathways accommodate pedestrians and bicycles.) The system of pathways shall be designed based on the standards in divisions (P)(2) and (P)(3) below:
(2) Continuous pathways. The pathway system shall extend throughout the development site, and connect to all future phases of development, adjacent trails, public parks and open space areas whenever possible. The developer may also be required to connect or stub pathway(s) to adjacent streets and private property, in accordance with the provisions of city ordinances, streets and the standards and specifications document for the city.
(3) Safe, direct and convenient pathways. Pathways within developments shall provide safe, reasonably direct and convenient connections between primary building entrances and all adjacent streets.
(4) Pathway connectivity. Pathways (for pedestrians and bicycles) shall be provided at or near mid-block where the block length exceeds the length required by the street standards of this section. Pathways shall also be provided where cul-de-sacs or dead-end streets are planned, to connect the ends of the streets together, to other streets and/or to other developments as per cul-de-sac standards of this section. Pathways used to comply with these standards shall conform to the criteria listed in each zone.
(5) Design and construction. Pathways shall conform to with the city’s most current design standards and all of the standards in divisions (P)(5)(a) and (P)(5)(b) below:
(a) Vehicle/pathway separation. Where pathways are parallel and adjacent to a driveway or street (public or private), they shall be raised six inches and curbed, or separated from the driveway/street by a five-foot minimum strip with bollards, a landscape berm or other physical barrier. If a raised path is used, the ends of the raised portions must be equipped with curb ramps.
(b) Pathway surface.
1. Pedestrian pathway surfaces shall be concrete, asphalt, brick/masonry pavers or other durable surface, at least five feet wide, and shall conform to ADA requirements.
2. Multi-use paths (i.e., for bicycles and pedestrians) shall be the same materials as listed in division (P)(5)(b)1. above, at least six feet wide and shall conform to ADA requirements. (See also City of Tillamook Public Works Design Standards § 2.14, “Ancillary Facilities”.) No matter which surface is utilized, grading and compaction shall be sufficient to allow the unimpeded passage of wheeled vehicles such as bicycles, wheelchairs and perambulators.
3. Unless the pathway is shared between adjacent property owners, a minimum of five feet between the pathway surface and the property line is required.
4. All pathways shall be completed as part of development, not delayed to coincide with individual building/housing construction.
(Q) Agreements, bonding and assurances.
(1) Construction plans. Construction drawings certified by a licensed civil engineer prepared on 24 inches by 36 inches base material showing in detail all improvements required to be constructed, including, but not limited to, streets, curbs and gutters, storm sewers, sanitary sewers, water distribution system, street tree locations, street lights and monuments, shall be submitted to the City Engineer who shall examine the same prior to conditional approval of the final map by the Planner. Upon finding that the drawings conform with applicable city codes and other construction requirements for such improvements and are in accord with sound engineering principles and practices, the Engineer shall submit the said plans to the Planner for approval. No alteration or change of the construction drawings shall be made by the developer or the city without the express mutual consent of both parties. No construction shall be started prior to approval of said plans and specifications by the Planner. On completion of the construction the developer shall submit to the city engineer a complete set of “as built” drawings, in the manner prescribed by law.
(2) Improvement procedures. In addition to other requirements, subdivision or development improvements installed by the developer shall conform to the requirements of this section and improvements standards and specifications adopted by the city, and where there is no requirement or specification expressly set forth in this code or adopted by the city relating to any such improvement or part thereof, the developer shall have the right to employ the standards and specifications prepared by the American Public Works Association. The improvements shall be installed in accordance with the following procedures.
(a) Work shall not begin until plans have been checked for adequacy and approved by the city. To the extent necessary for evaluation of the subdivision or development proposal, the plans shall be required before the approval of the final plat.
(b) Work shall not begin until the city has been notified in advance. If work has been discontinued for any reason for a period of one year, it shall not be resumed until the city has been notified.
(c) 1. Improvements shall be constructed under the inspection and to the satisfaction of the city. The city may require changes in typical sections and details if unusual conditions arise during the construction to warrant the change in the public interest.
2. The city reserves the right to:
a. Require the developer to provide supervision of the improvements by a qualified engineer; or
b. Require the developer to deposit 3% of the anticipated construction costs to be applied to the retention of a supervising engineer. Said deposit shall be applied to the cost of the supervising engineer; if the cost exceeds 3%, the developer shall pay the additional; if it is less than the 3% a refund will be made to the developer. When the developer’s engineer performs the inspection, a certification of construction inspection shall be issued with the “as built” drawings.
(d) All underground utilities, sanitary sewers and storm drains installed in streets shall be constructed prior to the surfacing of such streets. Stubs for service connections for all underground utilities and sanitary sewers shall be placed to such length as will obviate the necessity for disturbing the street improvements when service connections are made. Storm sewers that are required as a result of a drainage study prepared by a registered professional engineer shall be installed by the developer.
(e) A reproducible map showing all public improvements as built shall be filed with the city upon completion of said improvements.
(f) “As built” drawings of all improvements constructed within the development. Said drawings shall define the exact location of all underground utilities and surface drainage as they were constructed. The location of such utilities shall be determined by the developer at the time of construction and independent of the utility company’s records. When utilities cross permanent structures, such as sidewalks or curbs, the location of the utility shall be indicated on the permanent structure.
(3) Projects where public improvements required. On all projects where public improvements are required:
(a) To assure full and faithful performance of the improvement agreement, the developer shall file with the said agreement a personal undertaking signed by all persons having a beneficial interest in the subject property, which undertaking shall be approved in form by the City Attorney and shall be one of the following:
1. Co-signed by at least one additional person who shall not be related to the developer by blood or consanguinity. The developer and co-signer shall submit evidence of financial responsibility in affidavit form which satisfies the city that the financial resources of the surety signing the bond provide reasonable assurance of the ability of the developer to proceed in accordance with the agreement;
2. Co-signed by a surety company authorized to transact business in the state;
3. Secured by the deposit of cash or cashier’s check, governmental bearer bonds or other like cash security available to the city in case of default in the undertaking, the deposit to be in the penal amount of the bond; or
4. A letter of assignment from an authorized financial institution. Letter of assignment shall be held in force by the city until improvements are deemed complete by the city. The city shall have access to funds guaranteed by the letter of assignment in case of default in the undertaking and said letter of assignment shall only be terminated with approval of the city.
(b) Approve and release such bonds upon the completion of the project. A portion of a bond may be released as components of the project are completed;
(c) Require a development agreement containing the conditions of approval to be signed by the developer and recorded with the county; and
(d) Require the applicant execute and file with the City Manager an agreement between himself or herself and the city specifying the period within which required improvements and repairs shall be completed and providing that, if the work is not completed within that period specified, the city may complete the work and recover the full cost and expense, together with court costs and attorney fees necessary to collect said amount from the land developer.
1. The agreement shall also provide the reimbursement of the city for the cost of inspection by the city of the improvements to be installed.
2. The agreement may also provide for the construction and improvements to be completed in units and for an extension of time under the conditions therein specified
(4) Performance bond. The bond shall be released when the city finds the completed project conforms to the approved site development plan and all conditions of approval are satisfied. In the event the developer shall fail to complete all improvement work in accordance with the provisions of this code and the city shall have completed same, or if the developer shall fail to reimburse the city for the cost of inspection, engineering and incidental expenses, and to cover cost of replacement and repair of existing streets or other improvements damaged in the development of the project, the city shall call on the surety for reimbursement, or shall appropriate from any cash deposit funds for reimbursement. In any such case, if the amount of surety bond or cash deposit shall exceed all costs and expenses incurred by the city, it shall release the remainder of such bond or cash deposit, and if the amount of the surety bond or cash deposit shall be less than the cost and expense incurred by the city, the developer shall be liable to the city for such difference.
(5) Landscaping. Landscaping shall be installed within six months of issuance of occupancy permits, unless security equal to the cost of the landscaping as determined by the planner is filed with the city, assuring such installation within six months after occupancy.
(a) Security may consist of a faithful performance bond payable to the city, cash, certified check or such other assurance of completion approved by the city; and
(b) If the installation of the landscaping is not completed within the six-month period, the security may be used by the city to complete the installation.
(6) The applicant shall ensure that all occupants of the completed project, whether permanent or temporary, shall apply for and receive a city business license prior to initiating business.
(7) Guarantee. The developer shall guarantee all materials and equipment furnished and work performed against any defect in materials and workmanship which becomes evident within three years after the acceptance of the work by the city. A warranty bond shall be submitted to the city shall in the amount of 20% of total project cost and remain in full force and effect during the guaranty period and correction of any faulty work shall be promptly executed by the developer, or, if corrected by the city, shall be the responsibility of the surety. In the case of a cash deposit, the City Council may determine, upon completion of the improvement, whether all or a reasonable part of the deposit should be retained as a reasonable security for such guarantee.
(Ord. 1285, passed 3-3-2014; Ord. 1320, passed 3-20-2017; Ord. 1335, passed 7-2-2018; Ord. 1349, passed 8-19-2019) Penalty, see § 152.999