Chapter 20.100 Title 20 Table of Contents

            PUBLIC FACILITIES AND IMPROVEMENT STANDARDS

Section:

20.100.010 Applicability.
20.100.020 General policy statement.
20.100.030 Conformance to plans.
20.100.040 Water facilities.
20.100.050 Wastewater facilities.
20.100.060 Drainage facilities.
20.100.070 Irrigation facilities.
20.100.080 Irrigation facilities standards.
20.100.090 Roadway facilities.
20.100.100 Determination and satisfaction of adequacy requirements.

     20.100.010 Applicability.
     These public facilities standards are applicable to every form of permit or approval authorizing the development of land within the unincorporated portions of Douglas County, including, but not limited to, requests for master plan amendments, requests for zoning amendments, special use permits, design review plans, planned developments, tentative and final subdivision maps and parcel maps. (Ord. 763, 1996; Ord. 167, 1968)     

     20.100.020 General policy statement.
     No development application shall be approved unless the development is served by adequate water facilities, wastewater facilities, drainage facilities and transportation facilities, or provision has been made for these services, in the manner required by these regulations.  Facilities shall be adequate to serve the development proposed, whether or not the facilities are to be located within the property being developed or off-site.  Phased development must be designed to meet these standards independently as well as part of the overall design. (Ord. 763, 1996)     

     20.100.030 Conformance to plans.
     Proposed public improvements shall conform to and be properly related to the county’s master plan and master plans for water, wastewater and drainage facilities, and the transportation element. (Ord. 763, 1996)      

     20.100.040 Water facilities.
     A. Potable water source.  New development shall be served by a water source free of pollution or from a source adequately purified by natural or artificial treatment.  The source shall be reasonably adequate to provide a continuous supply that is wholesome, potable and in no way harmful or dangerous to health.
     B. Dedication of water rights or fee in lieu of dedication.  No new development shall be authorized unless water rights of acceptable character reasonably necessary to ensure an adequate water supply to the development are dedicated to the applicable agency or water purveyor or a fee in lieu of dedication has been paid in accordance with this chapter.  Any lot or parcel from which the net consumptive use or duty of water rights has been transferred shall not be further divided and shall be restricted in use to one single-family dwelling, unless clear and convincing proof is presented that the action will not represent a present or future over-appropriation or an additional demand on the waters of the county and will not impair the quality, quantity or availability of water for existing water rights.             1. Dedication requirements. In determining the adequacy of the water rights necessary, the quantity of water rights required for dedication must be sufficient to meet the water demand of the project.  The quality of the water must meet the requirements of the state engineer.  Unless superseded by the county, the utility or state engineer, the following table must be used to determine the quantity of water rights required for dedication:

     Use dedication requirement (acre feet):

Type of use

Use dedication requirement (acre feet)

Single-Family Residential (per dwelling)

 

      Domestic Well

2.02

      Community Water Supply

1.12

Multi-Family Residential, excluding landscaping (per unit)

0.30

Commercial and Industrial, excluding landscaping (per fixture unit, as defined in the currently adopted Uniform Plumbing Code)

0.028

Flood Irrigation (per acre irrigated)

4.00, or per duty established in the Alpine Decree, whichever is greater

Landscape Irrigation

To be determined and approved by the county engineer

            2. Fee in lieu of dedication of water rights. At the discretion of the applicable agency or water purveyor, dedication of water rights or water facilities required by this chapter shall be satisfied by payment to the county of a cash amount equal to the capital cost of facilities or the current market value of water rights of acceptable character to serve the development.
                  a. The cash value must be determined by the applicable agency or water purveyor providing water service to the proposed division based on recent water right sales or construction and engineering costs.
                  b. Monies collected in lieu of water rights or facilities must be used for the purpose of water rights acquisition or system improvement or expansion.
            3. Exceptions.  Facilities to which this chapter applies are facilities which will be constructed to serve the proposed subdivision or parcel map, except the following:
                  a. Facilities to serve a single-family residence in an existing subdivision or parcel map.
                  b. Facilities previously constructed and serving existing users.
                  c. Individual domestic wells and septic systems.
                  d. Domestic well exemption.  On lots or parcels recorded before the effective date of this ordinance, the dedication of water rights is not necessary to obtain a building permit for one dwelling unit on the lot or parcel provided that no other dwelling units exist on the same lot or parcel.  If the parcel is further divided with reliance upon domestic wells for the proposed water supply, the provisions of this chapter applies to the additional parcels created.
      C. Public water supply required.  New development shall be connected to an approved public water supply system.
            1. Treatment facilities serving the project must have sufficient available capacity to accommodate the maximum day demand generated by the project.
            2. Storage tanks and other storage facilities serving the project must have sufficient available capacity to provide peak hour demand in addition to fireflow.
            3. Pumping stations serving the project must have sufficient available capacity.
            4. Transmission lines and water mains serving the project must be capable of providing normal required pressure and minimum residual pressure and volume under fireflow for the type of development.
      D. Exemption to public water supply.  For areas identified within the master plan as not anticipating connection to or construction of a water system, the development shall be served by adequate wells or a private water supply system designed and constructed in accordance with state health, state engineer, or other state approval agency. In areas where a public water supply is anticipated, but not within 2,000 feet, development approval shall be conditioned on approval of plans for future installation of a water distribution system connecting the development to the public water supply.
      E. Design requirements.  The supply and distribution system shall be designed and constructed to maintain a normal operating pressure and volume at all service connections specified in the design criteria and improvement standards manual. Water facilities shall be located, designed and constructed in accordance with the following standards as required by the master plan and the design criteria and improvement standards manual.
      F. Fireflow and fire hydrants.  As specified in design criteria and improvement standards manual and per requirements of the fire department.
      G. Dedication of facilities and rights-of-way.  Water acquisition, supply, treatment, transmission, storage and distribution facilities and any appurtenances (such as wells, pipelines, pumps, storage tanks and ponds) located on-site or off-site, which are necessary to ensure an adequate water supply to the development, shall be dedicated to the county or utility serving the area, together with rights-of-way and easements associated connection and capacity with such facilities, their operation and maintenance.
      H. Water facilities charges.  Water facility charges including connection and capacity fees as set by the board must be paid and any water impact fees shall be paid, when adopted, in accordance with chapter 20.300. (Ord. 801, 1997; Ord. 763, 1996; Ord. 641, 1994; Ord. 516, 1990; Ord. 497, 1989; Ord. 495, 1989; Ord. 390, 1981; Ord. 167, 1968; Ord. 158, 1967)     

      20.100.050 Wastewater facilities.
      A. Public wastewater facilities required.  New development shall be connected to an approved public wastewater system. Development located within a service area of Douglas County must comply with the provisions contained in Appendix D of this title.<>             1. Treatment plants serving the project must have sufficient available capacity to accommodate the expected ultimate peak flows from the project and have sufficient capacity for expansion to accommodate tributary areas.
            2. Pump stations and force mains serving the project must have sufficient available capacity to accommodate the expected ultimate peak flows from the project and have sufficient capacity for expansion to accommodate tributary areas.
            3. Interceptors serving the project must have sufficient available capacity to accommodate the expected ultimate peak gravity flows from the project and tributary areas, with adjustment for pump flows where applicable.
            4. Lateral systems serving the project must have sufficient available capacity to accommodate the expected ultimate peak flows from the project and tributary areas.
      B. Exemption to public wastewater system.  For areas identified within the master plan as not anticipating connection to or construction of a public wastewater system, the development shall be served by an individual sewage disposal system (ISDS) or private on-site treatment facility designed and constructed in accordance with the Uniform Plumbing Code, Nevada Department of Environmental Protection or other state approval agencies.  In areas where a public wastewater system is anticipated, but not located within 2,000 feet, development may utilize ISDS on an interim basis, upon approval by the department. As a condition, the development must make provisions for the ultimate connection of the project to a public wastewater system. This may include, but not be limited to, requirement for installation of sewer laterals, dry sewer lines within the project or requirement of connection when located within 330 feet of an existing sewer line.
      C. Pollution prohibited.  Wastewater facilities shall result in the treatment of all sewage, including any industrial waste, so that all liquid, solid or gaseous residue after treatment will not contaminate any surface or groundwaters to a degree which creates a hazard to the public health through poisoning or the spread of disease, nor pollute any surface or underground water to a degree which adversely affects such waters for domestic, industrial, agricultural, navigational, recreational or other beneficial use, nor shall any wastewater system create a nuisance to any community by odors or unsightliness resulting from unreasonable practices in the disposal of wastewater.
      D. Extension of wastewater mains.  Wastewater mains and appurtenances, including major collection and disposal facilities, shall be extended in order to connect the development with the approved wastewater collection and disposal system.  Mains to be extended shall be of a size sufficient to serve the development and all other properties to be served by the main, as determined from an analysis of the county’s or the utilities wastewater master plan and capital improvements plan.
      E. Design of wastewater facilities.  Wastewater facilities shall be located, designed and constructed in accordance with the following standards:
            1. Master plan standards; and
            2. Douglas County design criteria and improvement standards.
      F. Dedication of wastewater facilities and rights-of-way.  Wastewater collection, treatment, storage, and disposal facilities, located on- site or off-site, which are necessary to ensure an adequate wastewater disposal system for the development, shall be dedicated to the county or the utility, together with rights-of-way and easements associated with such facilities, their operation and maintenance.
      G. Wastewater facilities charges.  Wastewater facility charges including connection and capacity fees as set by the board must be paid.  Any wastewater impact fees, when adopted, shall be paid in accordance with chapter 20.300.
      H.  Automotive fluids.  Disposal of any automotive fluids or other waste streams containing automotive related fluids into individual sewage disposal systems (septic systems) is prohibited.  (Ord. 924, 2000; Ord. 801, 1997; Ord. 763, 1996; Ord. 390, 1981; Ord. 167, 1968; Ord. 158, 1967)     

      20.100.060 Drainage facilities.
      A. Adequate storm drainage.  Any development shall be served by an adequate storm drainage system.  Storm drainage shall be considered adequate when, pursuant to an approved drainage plan, on-site drainage facilities are capable of conveying through and from the property the design flow of stormwater originating within the development, as determined in accordance with design criteria and improvement standards manual, as well as flows originating from upstream properties in a pre- and post-development stages, post development being based on ultimate master buildout; and the off-site downstream drainage system is capable of conveying to an approved outfall the design flow of stormwater runoff originating in the development and from other developed and undeveloped land upstream, without resulting in erosion, sedimentation or flooding of the receiving channel and downstream properties and without creating any adverse impact to downstream property.
      B. Prohibition on alteration of water course.  Storm drainage shall not result in the alteration or relocation of a water course which will reduce the flood-carrying capacity of the water course, nor shall drainage facilities result in the damming, filling, relocating or other interference with the natural flow of surface water along any surface water drainage channel or natural water course, except as may be approved as part of the drainage study.
      C. Drainage facilities.  Design and construction of storm drainage facilities shall be in accordance with county design criteria and improvement standards.  Detention facilities, restrictions on impervious surfaces and other techniques may be required by the county in order to satisfy adequacy requirements, in accordance with an approved drainage plan. Where special site conditions or circumstances require, the county may allow the use of retention or infiltration facilities.
      D. Dedication of drainage facilities and rights-of-way.  Stormwater drainage facilities which are necessary to ensure an adequate stormwater collection and disposal system to serve the development, together with necessary rights-of-way and easements for operation and maintenance of such facilities, shall be offered for dedication to the county or the improvement district.
      E. Drainage facilities charges.  Drainage impact fees shall be paid when adopted in accordance with chapter 20.300.
      F.  Automotive fluids.  Disposal or collection of any fluids or other waste streams containing automotive related fluids into drainage systems that utilize infiltration facilities such as, but not limited to, injection wells, dry wells, retention or detention basins is prohibited.   (Ord. 924, 2000; Ord. 763, 1996; Ord. 641, 1994; Ord. 330, 1980; Ord. 167, 1968)     

      20.100.070 Irrigation facilities.
      A. If proposed development includes or directly impacts existing irrigation facilities, an irrigation plan must be prepared by a registered engineer to analyze and provide mitigation for the impacts of the proposed development. The irrigation plan, together with the drainage plan for the development, must be publicly noticed per section 20.20.030 and presented to the water conveyance advisory committee for their review and written comment to the community development department and to any affected towns or districts.
            1. The plan must include the location, size, and capacity of all drainage and irrigation facilities within the proposed area of development. In addition the plan must address upstream areas and facilities tributary to the site and downstream from the site which will be affected or impacted by the proposed development to the point of discharge.
            2. In all development, the impact on downstream facilities and lands must be analyzed and addressed in the plan.  New development is responsible for either improving downstream drainage facilities to meet the increased peak flows as a result of the proposed project or to provide facilities which will result in no increase in peak runoff from that which existed before the development. If downstream peak flows are increased by the project, the plan must provide mitigation to the point of discharge as approved by the county and any affected towns and districts.
            3. The plans must incorporate water quality and erosion controls in conformance with the Handbook of Best Management Practices for all drainage water leaving the site. The use of irrigation ditches or sloughs for the discharge of urban runoff is highly discouraged and in no case will be permitted without the written notice to, and reasonable efforts to obtain consent of, the affected downstream ditch users.  In no case may urban drainage leaving a development be of a quality that will adversely affect downstream water uses.
            4. As a part of the plan, a ditch may be redesigned or upgraded for low maintenance through the use of riprap, channel lining, culvert or pipe. Landscaping of ditch easements in an urban setting is permitted as part of an approved plan of the water conveyance advisory committee, but must not inhibit the integrity of the ditch bank or the intended maintenance and access function of the ditch easement.
      B. No development may interfere with the historic custom and use of waters adjacent to and upstream and downstream from the development.  Any changes in conveyance facilities or the course of conveyance facilities, including the abandonment of part or all of a conveyance facility, must be done in a reasonable manner with due regard to the rights of the owners of the easement or right-of-way and shall be subject to approval of the water conveyance committee, the county, any affected towns or districts or irrigation companies.
      C. Standards.  Except as set forth herein, all improvements for drainage and irrigation facilities shall be in conformance with this title and the design criteria and improvement standards manual.
      D. Rights-of-way for water conveyance.  All development subject to this title must designate irrigation and drainage rights-of-way or easements as required to implement the approved irrigation and drainage plan for the development. Right-of-way widths must be appropriate for the operation and maintenance of the facilities as shown on the approved plan. Required right-of-way widths will vary depending on the size, type, location and accessibility of the improvements as shown on the plan. In no case shall the rights-of-way be less than 20 feet in width. For open irrigation ditches, a right-of-way width equal to the top width of the ditch plus 32 feet must be provided to allow adequate access for maintenance and servicing of the ditch. A minimum 20 foot right-of-way must be provided, including cases where the irrigation or drainage is placed in an underground conveyance. These criteria for rights-of-way and piping for irrigation must be met unless otherwise provided by the design criteria and improvement standards manual and approved by the water conveyance advisory committee.
       E. Where the development contains lots of one net acre or less the right-of-way for an open irrigation or drainage ditch may not be included in the net or gross lot area.
       F. Maintenance. When water conveyances are placed in an underground culvert or pipe, the plans must address and provide for maintenance of the facilities.
          1. If the underground facilities lie under a street or alley dedicated for public use, the town, general improvement district, or other governmental entity in whose jurisdiction the street or alley is located is responsible for maintenance of trash racks, sand and oil separators and the pipe or culvert.
          2. If the underground facilities cross private property, then the private property owner is responsible for maintenance of trash racks, sand and oil separators and routine maintenance of the pipe. When such property is subdivided, the subdivider shall provide security or other adequate assurances for continuing maintenance.
          3. When underground facilities cross a combination of public and private property, responsibility for maintenance will be shared by the private and public entities upon whose property the facilities are located. In the absence of a written agreement to the contrary, shares of the costs of maintenance will be in direct relationship with the length of the pipe within such private or public property.
          4. If the person or entity responsible for maintenance fails or refuses to conduct such maintenance, then the downstream user may enter upon such property and perform the maintenance. The person or entity responsible for maintenance will be liable to the downstream user for the reasonable costs of the maintenance, plus interest, attorneys’ fees and court costs.
          5. The county, on recommendation of the water conveyance advisory committee, may require the developer or property owner, as a condition of development approval, to estimate the annual cost of routine maintenance, and post security to pay for the maintenance, in advance, for a period not to exceed twenty years. In the event security is required and posted, the developer or property owner, as the case may be, or its successor in interest, shall be entitled to a proportionate release of the security on an annual basis after the maintenance is performed. If the developer, property owner or successor fails or refuses to conduct the maintenance, then the downstream user may perform the maintenance, in which case the downstream user shall have recourse to the security for reimbursement of the reasonable costs of the maintenance. Recourse to the security shall not be an exclusive remedy, and does not prevent the downstream user from bringing an action for the balance due, plus reasonable costs, attorneys’ fees, and interest. (Ord. 1036, 2003; Ord. 1012, 2002; Ord. 763, 1996; Ord. 539, 1991; Ord. 390, 1981)
   

      20.100.080 Irrigation facilities standards.
      A. Standards.  All ditch rights-of-way must be provided access for maintenance in accordance with these standards and restrictions:
            1. Cross fencing of ditches on parcels of 20 net acres and greater may be permitted upon recommendation of the water conveyance advisory committee.
            2. Lots or parcels of less than 20 net acres must not be designed to require cross fencing of the ditch.
            3. On parcels of less than 20 net acres, livestock access to the ditch right-of-way may be permitted as long as the integrity of the ditch bank is maintained.
            4. Where ditch rights-of-way are cross fenced there must be a 16-foot-wide metal gate providing continuous access for ditch maintenance.
            5. Where a project creates parcels or lots of one acre or less, underground piping for irrigation and storm drainage must be required, unless otherwise approved by the water conveyance advisory committee.
            6. Where a road or driveway intercepts a ditch and its construction would restrict or prohibit access along the ditch, ramps or other facilities as approved on the drainage and irrigation plan must be provided for both the upstream and downstream faces to facilitate access by ditch maintenance vehicles.
            7. The culvert installed in a ditch or ditch crossing installed as a consequence of a subdivision or parcel map must be capable of passing 150 percent of the hydraulic capacity of the ditch up to the capacity of a 48-inch culvert.  Beyond the capacity of a 48-inch culvert, the culvert must be capable of passing 100 percent of the hydraulic capacity of the ditch.  The installation must not change velocity in any manner which increases erosion.  Erosion controls may be required to the satisfaction of the water conveyance advisory committee.
            8. Piping of ditches exclusive of road, street, alley, or driveway crossings must be capable of passing at least 150 percent of the hydraulic capacity of the ditch, up to the capacity of a 48-inch pipe. Beyond the capacity of a 48-inch pipe, the pipe must be capable of passing 100 percent of the hydraulic capacity of the ditch. Piped ditches must have manholes and other points of access to provide for routine maintenance and cleaning in accordance with the design manual. The installation must not change velocity in any manner which increases erosion. Erosion controls may be required to the satisfaction of the water conveyance advisory committee. The committee may recommend, and the final decision maker may allow, variations in the capacity of the pipe to not less than 100% of the hydraulic capacity of the ditch when supported by sound engineering principles and practical consideration.
           9. When a culvert greater than 24 feet in length is installed as a consequence of subdivision or a parcel map there must be a trash rack installed on the upstream side. The trash rack must be constructed in compliance with the Standard Details for Public Works Construction.
         10. A development which is entitled to water from a ditch must provide a headgate and measuring device diversion structure in the ditch, approved by the federal water master or the state engineer.
         11. A development which is entitled to water from a ditch must form a homeowner’s association which will be obligated to their proportionate share of the ditch’s maintenance.
         12. For any development with lots ten acres in size or smaller which are entitled to irrigation water, the developer must provide an irrigation management plan which designates administrative responsibility. The drainage or irrigation plan must show how water will be supplied to and tailwater collected for each lot within the development.
         13. Where a ditch is piped, where water rights are transferred from a ditch or where drainage goes into a ditch, there must be a continuing responsibility to pay a proportionate share of the costs of ditch maintenance, which can be calculated in terms of the actual costs of ditch maintenance or as though the water rights were still delivered through the ditch by the owner of the water rights. This is required until a change is approved either by all parties holding water rights in the ditch or by the water conveyance advisory committee.
      B. Use of the ditch right-of-way for the storage or disposal of wood, debris, garbage or other waste or any other use of the right-of-way area which impedes the access along or maintenance of the ditch is prohibited. (Ord. 1012, 2002; Ord. 763, 1996; Ord. 539, 1991; Ord. 390, 1981)
   

      20.100.090 Roadway facilities.
      A. Adequate roadways.   New development, with the exception of parcels created by division of land into large parcels as defined by NRS and single-family residential building permits on parcels created prior to the adoption of this title, or as provided in subsection P, shall be served by paved roadways adequate to accommodate the vehicular traffic to be generated by the development.  Proposed streets shall provide a safe, convenient and functional system for traffic circulation, and shall be properly related to the county’s transportation plan, road classification system, adopted master plan and any amendments thereto, and shall be appropriate for the particular traffic characteristics of each development.
      B. Access roads.   All developments must be connected to the county’s improved thoroughfare and road system by one or more access roads of such dimensions and location approved to the standards specified in the design criteria and improvement standards manual.  Requirements for dedication of right-of-way and improvement of access roads may be increased depending on the density or intensity of the proposed development.  Access roads within a project shall be designed, constructed and offered for dedication in accordance with the design criteria and improvement standards manual.
      C. Road network.   New development shall be supported by a regional transportation network having adequate capacity, and safe and efficient traffic circulation.  A traffic impact study shall be submitted demonstrating adequacy of the road network as required by the design criteria and improvement standards to accommodate traffic generated by the development, other developed property and undeveloped property approved for development. The traffic impact study shall address the issues specified in the design criteria and improvement standards manual. Improvements to roads designated by the master plan as regional in nature shall be made in accordance with the design criteria and improvement standards manual.
      D. Perimeter streets.  Rights-of-way for streets abutting the development shall be dedicated to the county according to the standards contained in the master plan and shall be improved to standards set forth in the design criteria and improvement standards manual. In no event shall the perimeter road have a dedicated right-of-way less than 40 feet or an improved width of less than 24 feet.
     E. Continuation of roads and dead-end roads.   The following shall apply to dead-end roads and roads which will be continued:
            1. The arrangement of roads shall provide for the continuation of major roads between adjacent properties when necessary for the convenient movement of traffic, effective fire protection, or for efficient provision of utilities.
                  a. If the adjacent property is undeveloped and the road must be temporarily dead-ended, right-of-way shall be extended to the property line, and the construction and maintenance of a turnaround is required for temporary use, with a notation that land outside the normal road right-of-way shall revert to abutting property owners whenever the road is continued.
                  b. Where a road does not extend to the boundary of the development, and its continuation is not required for access to adjoining property, its terminus shall be no closer than 50 feet to the boundary.
                  c. Emergency access shall comply with the provisions of the road standards.
                  d. The developer shall be responsible for posting a sign at the terminus of temporarily dead-ended right-of-way indicating that the right-of-way is intended to be extended in the future.
      F. Reserve strips.
            1. Reserve strips in the form of one foot outlots may be required to control or restrict access to perimeter or stub roads.
            2. Such strips shall be utilized only where their ownership and control is accepted by the public agency having jurisdiction.
            3. The outlots shall be deeded to the public agency at the time of recordation of the final map.
      G. Road names.
            1. Assigned road names shall be shown on the final map and must be consistent with the approved improvement plans.
            2. Road naming shall conform to the road naming guidelines as adopted by the county.
      H. Private roads.
            1. The use of private roads, which meet the specifications contained in the design criteria and improvement standards manual for a public street, is permitted upon review by the planning commission and approval by the board.
            2. A corporation or perpetual association or other suitable means must be established for maintenance of the private road.
      I. Sidewalks. Within master plan designated urban service areas, sidewalks are required with the creation of parcels of one-half net acre or less in size and for all commercial development, and shall be constructed in accordance with the design criteria and improvement standards.
      J. Dedication requirements.  Rights-of-way required for existing or future streets, including perimeter streets, and off-site access roads, shall be offered for dedication to the county or other appropriate entity according to the requirements of the master plan, capital improvements plan, or other valid plans approved by the county.  Standard rights-of-way widths for county streets are as specifically set forth in the design criteria and improvement standards manual.  Dedication of additional rights-of-way beyond those widths specified in the design criteria and improvement standards manual may be required at approaches to intersections, where turn lanes or other improvements are needed as required by the county engineer.
      K. Design and improvement standards.  In order to provide for streets of suitable location, width and design to accommodate prospective traffic and to afford satisfactory access for law enforcement, firefighting and other public facilities and services, streets serving the development shall be designed and improved in accordance with the standards set forth in the design criteria and improvement standards manual. All streets shall be improved and paved to the width specified in and shall be designed and paved in accordance with the specifications in the design criteria and improvement standards manual.
      L. Road facilities charges.  Road impact fees shall be paid when adopted in accordance with chapter 20.300.
      M. Access to public lands.
            1. Legal access to public lands may not be eliminated by development over the path or way thereof.
            2. If a trail or road plan for access to public lands is adopted by a federal agency in ownership or control thereof, and made part of the master plan, then development in the path of or adjacent to such trailheads or roads may be required to dedicate rights-of-way or other easements sufficient to secure public access to such trails or reads, provided that such dedication shall not be disproportionate to the impact of the development. The board may relieve the applicant of other dedication requirements in exchange for such access rights-of-way or easements, if it can do so without compromising the public interest.
      N. Cul-de-sac streets.  All cul-de-sac streets must conform to the following requirements:
            1. A residential cul-de-sac street must not serve uses, based on the ultimate permitted zoning density, that will generate more than 200 average daily trips as specified under the most recent edition of the institute of transportation engineer’s trip generation manual or 20 single-family residences.
            2. A residential cul-de-sac street must not have a center line length measured from the center pin of the cul-de-sac to the center line’s intersection with the adjoining road right-of-way line, a length in excess of 600 feet in a high fire hazard area as determined by the county fire marshal or 1,000 feet in all other areas.  A cul-de-sac street serving commercial or industrial properties must not exceed a center line length of four hundred feet.
            3. A residential cul-de-sac street must have a fifty foot improved surface for the radius bulb measured from the center pin to the face of curb or edge of pavement.  Commercial or industrial cul-de-sacs must have a fifty-five foot improved surface for the radius bulb.
            4. A residential cul-de-sac street in excess of six hundred feet must have a fifty foot improved radius bulb at the midpoint of the cul-de-sac street.
            5. All cul-de-sac streets must have the right-of-way necessary for the operation of the roadway including, but not limited to, roadside drainage, sidewalks and public utilities.
            6. All rights-of-way and physical improvements for cul-de-sac street must include a reverse transition curve to the point of tangency.
            7. A fire access easement is not a secondary means of access and cannot be used to waive or modify the requirements of this section.
      O. Hillside streets.  Except as otherwise provided in paragraph 6 below, streets within any project proposed in a hillside area shall be designed and constructed in accordance with the following standards:
            1. Proposed streets in hillside area must fit the natural contours of the land.
            2. If a location of a road between a valley and a ridge is unavoidable, directional pavements should be split, with the principle of grading being half-cut and half-fill versus all fill (see figure 20.100.090.O, Appendix C).  Split streets may be provided by the subdivider according to the following schedule:
                  a. For one lane in each direction, the split section width of the pavement shall be 14 feet;
                  b. For two lanes in each direction, the split section width of pavement shall be 22 feet.  The median between split streets shall not exceed the slope of two foot horizontal for each one foot vertical; and the median shall be planted by the subdivider and maintained by the subdivider, general improvement district or property owners association, to the satisfaction of the county engineer.  Lots may be located between the split pavement when approved by the county engineer.
                  c. Grades of collector and minor streets may exceed 12 percent to a maximum of 15 percent for a distance not greater than 300 feet in any 2,000 feet of street length;
                  d. Site visibility must conform to AASHTO/ITE standards or other acceptable standard.
            3. The following minimum dimensions are to be utilized in the design of hillside streets:
                  a. All streets shall have suitable pavement widths, sidewalks and drainage facilities per the design criteria and improvements standards.
                  b. The width of the graded section shall extend three feet beyond the curb face or edge of sidewalk on the fill side and two feet on the cut side of the street.
                  c. Parking lanes, eight feet in width, may be required on at least one side of all public streets except where existing topography renders development adjacent to the street impractical, or where the street serves solely as an access road, or where an adequate number of off-street parking spaces are provided on each lot adjacent to the street.  Streets without parking lanes shall be provided with emergency parking stalls adequate to contain at least one vehicle per lot fronting the street.
                  d. The following travel lane widths are required in all hillside areas:
                        i.  Local streets:  Minor streets must have a minimum travel lane of ten feet;
                        ii.  Collector streets:  Collector streets must have minimum travel lane of 12 feet.
            4.Split level, one-way streets may be permissible in areas of steep terrain when accepted by the county during project review.
            5. Street lighting must be designed to minimize visual impacts and retain rural character while conforming to acceptable safety standards.
            6. Modifications to these standards may be made by the planning commission and board if it can be found that the modifications further the purpose and intent of this ordinance by reducing grading and overall visual impacts while retaining acceptable traffic safety and street design characteristics as determined by the county engineer.
      P. Exemptions.  Utility and public service facilities, as defined in section 20.658.130 of this code, are exempt from the requirements of this section provided that they meet all of the following criteria:
            1. The is not opened to the general public at any time.           
            2. The facility is not used for maintenance, storage of materials, supplies or equipment, other than those used on-site.
            3. The facility is unmanned, with access by employees only for maintenance and repair of the facility.
            4. No office or administrative functions are conducted on the site.
            5. A legal access easement is provided to the facility.  The access must be a minimum of 24 feet in width.  If the access easement connects to a paved public road, the easement shall have a paved approach, a minimum of 20 feet in length.  The approach shall be paved with 2 inches of asphaltic concrete on 4 inches of aggregate base material. (Ord. 876, 1999; Ord. 842, 1998; Ord. 801, 1997; Ord. 763, 1996; Ord. 640, 1994; Ord. 641, 1994; Ord. 390, 1981; Ord. 158, 1967)     

      20.100.100 Determination and satisfaction of adequacy requirements.
      A. Adequacy determination.  The county shall determine whether a proposed development is served by adequate public facilities as a condition precedent to approval of any development application.  (The county shall establish how adequacy standards shall be satisfied for each stage of the development process.)  In general, adequacy standards may be satisfied on occurrence of one of the following:
            1. Adequate facilities exist at the time of development approval;
            2. Adequate facilities will be provided or will be secured by the developer prior to final development approval, but in no event later than issuance of a building permit; or
            3. Adequate public facilities will be provided through construction of a capital improvement project by the county, by another public entity, by the developer or by another private entity simultaneous with or in reasonable proximity to the time that the demand will be placed on the public facilities system by the development.
      B. Entire project.  Adequate public facilities shall be evaluated with respect the entire development project.  In the case of requests for plan amendments or zone changes, the development project shall be deemed to be the maximum intensity of development authorized by the amendment or zone change.  The county may condition development approval on the phasing of the development project in order to satisfy adequacy requirements.
      C. Participation in improvement costs.  The county may require that public facilities be oversized to accommodate other developments to be served by a particular capital improvement.  In such event, the county may authorize the reimbursement of the developer or property owner through development agreements, proceeds from impact fees, credits against impact fees or special assessments or other means of contributions from other developments benefiting from installation of the improvement.  If such means of participation are not available, the adequate public facilities polices and standards applicable to the development shall be considered as minimum conditions of project approval. (Ord. 763, 1996)     

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