HomeMy WebLinkAboutOrdinance No. 20458 COUNCIL ORDINANCE NUMBER 20458
COUNCIL BILL NUMBER 5026
AN ORDINANCE CONCERNING ACCESS CONNECTION
DESIGN AND CONSTRUCTION REQUIREMENTS,
AMENDING SECTIONS 7.010, 7.085, 7.290, 7.297, 7.308,
7.360, 7.375, 7.385, 7.407, 7.410, 7.430 AND 7.445 OF THE
EUGENE CODE, 1971; REPEALING SECTIONS 7.405, 7.415,
7.425 AND 7.435 OF THAT CODE; AND ADDINGS SECTIONS
7.408 AND 7.435 OF THAT CODE.
ADOPTED: March 8, 2010
SIGNED: March 10, 2010
PASSED: 8/0
REJECTED:
OPPOSED:
ABSENT:
EFFECTIVE: April 10, 2010
ORDINANCE NO. 20458
AN ORDINANCE CONCERNING ACCESS CONNECTION DESIGN AND
CONSTRUCTION REQUIREMENTS, AMENDING SECTIONS 7.010, 7.085,
7.290, 7.297, 7.308, 7.360, 7.375, 7.385, 7.407, 7.410, 7.430 AND 7.445 OF
THE EUGENE CODE, 1971; REPEALING SECTIONS 7.405, 7.415, 7.425 AND
7.435 OF THAT CODE; AND ADDINGS SECTIONS 7.408 AND 7.435 OF THAT
CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 7.010 of the Eugene Code, 1971, is amended by adding the following
definitions in alphabetical order: “Access connection,” “Access connection spacing,” “Conflict
point,” “Controlled intersection,” “Development site,” “Easement,” “Intersection influence area,”
“Partially controlled intersection,” “Primary street,” “Restricted movement access connection,”
and “Secondary street;” removing the definition of “Curb cut;” and amending the definition of
“Driveway” to provide as follows:
7.010Definitions
. For purposes of this chapter, the following words and phrases shall
have the meanings ascribed to them by this section:
Access connection.
The area located within the public right-of-way that provides
for the movement of vehicles to or from a development site onto and from the
vehicular travel way of the public transportation system.
Access connection spacing.
The distance between connections, measured from
the closest edge of pavement of the first connection to the closest edge of pavement
of the second connection along the edge of the traveled way.
Conflict point.
The point of potential collision where vehicle paths cross, merge into
or diverge with one another, pedestrians or bicycles.
Controlled Intersection.
An intersection that has a traffic signal.
Development site.
A tract of land under common ownership or control, either
undivided or consisting of two or more contiguous lots of record.
Driveway.
The area located outside of the public right-of-way that abuts the access
connection and allows for vehicles to move to or from a development site. For
purposes of the S-JW Jefferson Westside Special Area Zone provisions at EC
9.3600 through 9.3640, a surface area that is intended, prepared, or used for
vehicle access to and about a lot.
Easement.
A grant of one or more property rights by a property owner to or for use
by the public, or another person or entity.
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Intersection influence area.
That area beyond the physical intersection of two
rights of way that comprises the upstream decision and maneuver distance, plus
any required vehicle storage length, and the downstream recovery distance of the
primary street, and the protected corner clearance distance of the secondary street.
Partially controlled intersection.
An intersection that has one or more stop signs
or yield signs.
Primary street.
The street with the higher street classification of two intersecting
streets.
Restricted movement access connection.
An access connection that is designed
to prevent certain turning movements of vehicles traveling to or from the public right
of way.
Secondary street.
The street with the lower street classification of two intersecting
streets.
Section 2.
Section 7.085 of the Eugene Code, 1971, is amended to provide as follows:
7.085 Standard Specifications, Drawings and Design Standards
.
(1)
The city engineer shall prepare standard specifications, drawings and design
standards for construction, reconstruction or repair of public improvements to
be constructed within areas under the city's jurisdiction to be kept on file in the
city engineer's office.
(2)
All public improvements and city maintained stormwater facilities shall be
consistent with sound engineering principles and constructed in accordance
with drawings and design standards and standard specifications and plans
adopted by the city, including but not limited to the Public Improvement Design
Standards Manual.
(3)
All engineering and inspections on public improvements and private
stormwater facilities to be accepted by the city for maintenance shall be done
by the city unless otherwise specified by this code.
Section 3.
The heading of Section 7.290 of the Eugene Code, 1971, and subsection (3)
of that Section are amended to provide as follows:
7.290 Public Way Construction and Use- Permit Required; Standard Specifications,
Drawings and Design Standards
.
(3)
Work affecting a public way shall be performed in accordance with this code,
the standard specifications, drawings and design standards adopted pursuant
to section 7.085, administrative rules issued by the city manager pursuant to
section 2.019 of this code, sound engineering and design practices and such
other reasonable conditions required by the city engineer to protect the public
health, safety and welfare, including proof that the contractor performing the
work is licensed and bonded for the work being performed.
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Section 4.
The headings of Sections 7.297 and 7.308 of the Eugene Code, 1971, are
amended to provide as follows:
7.297 Public Way Construction and Use - Insurance Requirement; Safety
.
7.308 Public Way Construction and Use -Opening Public Ways; Restoration and
Maintenance
.
Section 5.
Section 7.360 of the Eugene Code, 1971, and the title above that Section, are
amended to provide as follows:
Sidewalk, Curb and Access Connection Requirements
7.360 Sidewalks,Curbs, Access Connections - Standards
. All sidewalks, curbs and
access connections shall be built in accordance with this chapter 7, adopted
standard specifications, drawings and design standards and built to grades and
alignments approved by the city engineer.
Section 6.
Sections 7.375 and 7.385 of the Eugene Code, 1971, are amended to provide
as follows:
7.375 Sidewalks, Curbs and Access Connections - Owner's Responsibility to
Maintain
.
(1)
The owner of land abutting a sidewalk shall maintain the sidewalk and curbin
good repair and safe condition. Access connection(s) shall be maintained in
good repair and safe condition by the owner of land served by the access
connection(s).
(2)
The owner shall be liable for injury, damage or loss to person or property
caused by the owner's negligent failure to comply with subsection (1) of this
section.
(3)
The city shall not be liable for injury, damage or loss to any person or property
caused in whole or in part by the defective or dangerous condition of any
sidewalk, curb or access connection.
(4)
The city engineer may serve notice on the owner to reconstruct or repair the
abutting or adjoining sidewalk, curb or access connection as conditions may
require. A notice to reconstruct or repair and the owner's duty to repair shall
be governed by sections 7.152 to 7.154 of this code.
(5)
Neither the duty of the owner to maintain the sidewalk, curb and access
connection in good repair and safe condition, nor liability for owner's failure to
do so is dependent upon the notice from the city to reconstruct or repair.
(6)
The owner shall defend and hold harmless the city from all claims for loss or
damage arising from the owner's failure to comply with subsection 7.375(1).
7.385 Sidewalk, Curb and Access Connection Construction - Permit Required
.
(1)
Unless the construction, reconstruction or alteration is included in a publicly or
privately engineered public improvement, an owner, builder or contractor shall
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obtain a construction permit from the city engineer prior to constructing,
reconstructing or altering any sidewalk, curb or access connection.
Applications for construction permits shall be submitted on the forms adopted
by the city engineer.
(2)
Construction permit applications shall be reviewed and approved in
accordance with this chapter 7 and the Design Standards and Guidelines for
Eugene Streets, Sidewalks, Bikeways and Accessways.
(3)
When constructing a structure or an addition to a structure,concurrent with
the issuance of the building permit for the construction of a structure or an
addition to a structure, the owner, builder or contractor to whom the building
:
permit is issued shall
(a) Obtain a sidewalk construction permit for the construction of a sidewalk
within the dedicated right-of-way for the full frontage in which a sidewalk
is not in good repair or does not exist; and,
(b) Obtain an access connection construction permit for the construction of
any new access connection(s); and,
(c)Complete construction of the sidewalk and/or access connectionwithin
the building construction period or within one year after the sidewalk and
access connectionconstruction permit is issued, whichever is the lesser.
(4)
Sidewalk construction shall be exempted from the requirements of this section
for building permits for:
(a) Construction adjacent to streets that have not been improved to city
street standards.
(b) Additions or alterations of single-family dwelling units and duplexes.
(c) All other structures, additions or alterations in which sidewalk
construction costs would exceed 10% of the value of the proposed
construction.
(5)
The city manager or designee may waive the requirement for sidewalk
construction within rights-of-way where future street or public utility
improvements are planned, where there is insufficient right-of-way, or where
topographical and other physical constraints exist.
(6)
If a sidewalk, curb or access connection is not constructed within the time
required by this section, then the city may construct it for the full street
frontage in front of the property and proceed with the construction,
assessment and collections of costs as provided in section 7.154 of this code.
Section 7.
Section 7.405 of the Eugene Code, 1971, is repealed.
Section 8.
Subsection (1) of Section 7.407 of the Eugene Code, 1971, is amended to
provide as follows:
7.407 Equivalent Street Assessment
.
(1)
In addition to any application or permit fee required by section 7.385, when the
owner of real property is required to obtain an access connection permit to
take access onto a street for which the city has given a credit under
subsections 7.730(3) and 7.730(4) based upon the size of the street
improvements that would be assessable under subsection 7.175(2)(b), the
owner shall pay to the finance officer an equivalent assessment and any other
fees required by the city before taking access to the street. If the property has
Ordinance - Page 4 of 9
delinquent local improvement assessments against it, before issuing the
access connection permit, all delinquent assessments shall be brought
current. The equivalent assessment shall be determined by the city engineer,
taking into account the city policies regarding size of streets assessed to
benefitted property, based on the greater of the credit given under subsection
7.730(3) or (4) for the street to which access is proposed or the cost at the
time of taking access of local improvement assessments for similar streets.
As used in this subsection "cost" includes the expenses identified in section
7.170. Any person aggrieved by the city engineer's determination of the
equivalent assessment may seek its review before a hearings official by
following the procedures in section 2.021 of this code. The petitioner shall
have the burden of proof in such review.
Section 9.
Section 7.408 of the Eugene Code, 1971, is added to provide as follows:
7.408 Access Connections – Purpose and Applicability
(1)
The purpose of the access connection requirements set forth in sections
7.410, 7.420 and 7.430 of this code is to:
(a) Balance the need for a safe and efficient roadway system against the
need to provide ingress and egress to developed land adjacent to the
street.
(b) Reduce conflict points in the transportation system by managing, the
number, spacing, location and design of access connections.
(c) Preserve intersection influence areas to allow drivers to focus on traffic
operational tasks, weaving, speed changes, traffic signal indications,
etc.
(d) Reduce interference with through movement, caused by slower vehicles
exiting, entering or turning across the roadway, by providing turning
lanes or tapers and restricting certain movements.
(2)
Unless otherwise provided in this chapter 7 or in chapter 9 of this code, the
requirements set forth in sections 7.410, 7.420, and 7.430 of this code apply
to the design, construction, reconstruction or alteration of any access
connection.
Section 10.
Section 7.410 of the Eugene Code, 1971, is amended to provide as follows:
7.410 Access Connections – Number, Width and Shared
.
(1)
Unless there is an access agreement between development sites, a
development site shall be entitled to one access connection.
(2)
Unless provided otherwise by this chapter 7 or by the vision clearance or
maximum driveway width requirements in chapter 9 of this code, an access
connection shall be no wider than 20 feet.
(3)
The city engineer or engineer’s designee may approve a request for an
exception to subsections (1) and/or (2) of this section.
(a) An applicant requesting more than one access connection for a single
development site and/or requesting that an access connection be wider
than 20 feet shall submit an Alternative Traffic Safety Study on the form
adopted by the city engineer.
Ordinance - Page 5 of 9
(b) An exception to subsections (1) and/or (2) of this section may be
approved only when the Alternative Traffic Safety Study demonstrates
that the access connection(s) will:
1. Provide safe ingress and egress to the development site;
2. Not negatively impact the efficiency of the public right-of-way; and,
3. Will not result in a hazard to the bicycle, pedestrian or vehicular
traffic using the right-of-way.
(c) In no event shall the width of a single access connection serving a one or
two family dwelling, including a shared access connection, exceed 35
feet. For an access connection serving any other type of development, in
no event shall the width of a single access connection, including a shared
access connection, exceed 50 feet.
(d) In no event shall the total number of access connections and, for multiple
access connections, the total combined width of the access connections
exceed the following:
Single Street
Number of Access Total Combined Width of
FrontageConnectionsAccess Connections
40 ft. or less 1 20 feet
Over 40 ft. to 100 ft. 2 20 ft. +50% of frontage
over 40 ft.
Over 100 ft. 3 50 ft. +30% of frontage
over 100 ft.
(4)
The width of an access connection for single family dwelling or duplex shall be
no less than 12 feet.
(5)
The width of an access connection for multi-family, commercial and industrial
developments shall be no less than 20 feet.
(6)
Upon application of the involved property owners, more than one development
site may share a single access connection. The city engineer or engineer’s
designee may approve a shared access connection upon a finding that it will
result in safe ingress and egress for users thereof and the general public and
will not negatively impact the efficiency of the public right-of-way.
(7)
Two attached single-family dwellings that have side-by-side parking and that
face the same streets shall share a single access connection. The city
engineer or engineer’s designee may grant an exception to this requirement if
a single access connection would be unsafe, or negatively impact the
efficiency of the public right-of-way, or result in a hazard to the bicycle,
pedestrian or vehicular traffic using the right-of-way.
(8)
Property owners of shared access connections shall execute a recordable
agreement providing for the shared use of the access connection.
(9)
Any person aggrieved by administrative action of the city engineer or the
engineer's designee taken under the provisions of this section 7.410 may
appeal the action in the same manner as provided in section 5.045 of this
code.
Section 11.
Section 7.415 of the Eugene Code, 1971, is repealed.
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Section 12.
Section 7.425 of the Eugene Code, 1971, is repealed.
Section 13.
Section 7.430 of the Eugene Code, 1971, is amended to provide as follows:
7.430
Access Connections – General Design and Construction.
(1)
Access connections shall be designed and constructed in accordance with the
Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways
and Accessways.
(2)
Access connections shall be designed and constructed so that vehicles
served by the access connection can be parked entirely within the private
property lines of the property served by the access connection.
(3)
Access connections can be designed and constructed to extend beyond a
private property line in the following circumstances:
(a) The adjacent property owner gives written approval, or,
(b) In the opinion of the city engineer or the engineer's designee, such an
extension is necessary for safe ingress and egress for the traveling
public.
(4)
Access connections shall be designed and constructed perpendicular to the
public way. If existing physical conditions, such as, but not limited to,
topography, trees, and parking bays, preclude constructing the access
connection perpendicular to the public way, the access connection shall be
designed as warranted by the traffic conditions and existing conditions.
(5)
Unless explicitly authorized by the construction permit, the access connection
paving shall not extend beyond the property line into a street right-of-way at
an intersection or crossroad. Construction permit authorization for such an
extension can be conditioned on construction of a traffic island or curb to
provide for the protection of municipal facilities.
(6)
Where standard gutters and curbs have not been installed, the width of the
access connection shall be measured along the property line and shall comply
with the same requirements as specified in section 7.410 for curb cuts.
Permits shall not be issued for a surface improvement or paving on the street
right-of-way between access connection unless a concrete curb or other
physical obstruction, of a design satisfactory to the city engineer, is
constructed and maintained by the applicant along his or her property line, so
that the entrance and exit of vehicles to and from the applicant's property will
be restricted to the established access connection.
(7)
Where standard curbs and gutters have not been installed, the applicant shall
pave the access connections or other areas within the right-of-way with
asphaltic concrete or other material approved by the city engineer or
engineer’s designee so that it merges with the street pavement; the paving
shall be adequate and suitable for the traffic to be carried as determined by
the city engineer. The extended paving between the property line and the
street pavement shall be to the established grade or other slope fixed by the
city engineer to provide for proper runoff. If the applicant's paving is extended
beyond the property line into a street right-of-way at an intersection or
crossroad, the city engineer may require the applicant to construct a suitable
traffic island or curb to provide for the protection of such municipal facilities as
may be necessary.
(8)
All access connections between the curb line and the back edge of the
sidewalk shall be constructed of Portland cement concrete. The concrete of
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the access connection including the sidewalk section shall be constructed in
accordance with construction specifications and standard drawings adopted
by the city engineer.
Section 14.
Section 7.435 of the Eugene Code, 1971, is repealed and a new Section
7.435 is added to provide as follows:
7.435 Access Connections – Permit Alteration and Revocation; Connection Closure.
(1)
The city manager or manger’s designee may, after providing notice to affected
property owners and tenants, alter or revoke an access connection permit
issued pursuant to section 7.385 of this code if:
(a) The access connection is not constructed according to specification; or
(b) The access connection is not maintained in a safe manner; or
(c) The access connection becomes hazardous due to traffic congestion. The
determination that an access connection is hazardous to the public’s use
of the right-of-way shall be based on traffic engineering principles and
traffic investigations.
(2)
Any person aggrieved by administrative action of the city manager or the
manager's designee taken under the provisions of section (1) may appeal the
action in the same manner as provided in section 5.045 of this code.
(3)
If an access connection not permitted pursuant to section 7.385 of this code is
deemed by the city manager or manager’s designee to be hazardous to the
public’s use of the right-of-way, the access connection shall be relocated
and/or reconstructed by the owner(s) of the property served by the subject
access connection. The determination that an access connection is hazardous
to the public’s use of the right-of-way shall be based on traffic engineering
principles and traffic investigations.
(a) Upon determination by the city manager or manager’s designee that an
existing access connection is a hazard to the public’s use of the right-of-
way, the city shall send the owner(s) of the property served by the subject
access connection notice of the determination.
(b) The owner(s) of the property served by the subject access connection
may appeal the determination in accordance with section 5.045 of this
code.
(c) If no appeal is filed within the time specified in section 5.045 of this code,
the owner(s) of the property served by the subject access connection
shall have 90 days from the date of the notice to relocate and/or
reconstruct the access connection to conform to the provisions of this
code and adopted design standards.
(d) If the owner fails to relocate and/or reconstruct the access connection to
conform to the notice within 90 days, the city manager or manager’s
designee will cause the relocation and/or reconstruction to be completed
and all expenses will be assessed against the property owner.
Section 15.
Section 7.445 of the Eugene Code, 1971, is amended to provide as follows:
7.445 Use of Public Right-of-Way
.
(1)
Public right-of-way shall not be used for private commercial purposes except
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