Agenda Packet 9-10-18 Work Session

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September 10, 2018, Work Session – Item 3 Improved roads are those roads which have been fully designed for structural adequacy, have storm drainage facilities provided which include curbs and gutters, and have either an asphalt concrete or a Portland cement concrete surface. Typically, these roads were either fully improved when the area was developed and paid for by the developer, or were improved through a local improvement district and paid for, in part, by the benefitting property owners. In some cases, a road may have been fully improved while under state or county jurisdiction and then surrendered to the City. Unimproved roads are those roads with soil, gravel or asphalt mat surfaces that have typically evolved to their existing state, have not been structurally designed, and have few—if any—drainage facilities and no curbs or gutters. New development subject to a land use decision is required to construct all streets within and adjacent to the development site. Chapter 9 – Land Use of the Eugene Code requires the following: The developer shall grade and pave all streets and alleys in the development site. All paving shall be to the width specified in EC 9.6870 Street Width and provide for drainage of all such streets and alleys, and construct curbs and gutters, sidewalks, street trees and street lights within the development site according to the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways and standards and specifications adopted pursuant to Chapter 7 of this code and other adopted plans and policies. The developer shall pave streets and alleys adjacent to the development site to the width specified in EC 9.6870 Street Width, unless such streets and alleys are already paved to that width, provided the City makes findings to demonstrate consistency with constitutional requirements*. All paving shall provide for drainage of all such streets and alleys, and construct curbs and gutters, sidewalks, street trees and street lights adjacent to the development site according to the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways and standards and specifications adopted pursuant to Chapter 7 of this code and other adopted plans and policies. *The United States and Oregon Constitutions limit the extent to which the City can require a developer to make off-site street improvements. Any time the City seeks to impose such a requirement, the City must first consider the particular impacts the development will have on the street and then limit the required street improvements to those that are “proportional" to the development’s impact on the street. For streets adjacent to new development, it is not always practical to construct street improvements. In such cases, the City requires developers to pay an equivalent assessment for future street improvements for adjacent streets functionally classified as arterials or collectors. For all functional street classifications, developers are required to sign a petition for future street improvements (irrevocable petition) and for the assessment of the real property benefitted by the improvements.