3.4.150 Waiver and Modification of Public Improvement Standards.
A. Authority to Grant Waiver or Modification. Waivers and/or modifications of the standards of this chapter may be granted as part of a development approval only if the criteria of subsection (B) of this section are met. A waiver for sidewalks for the Woodriver Village subdivision is not permitted under this subsection. See BDC 3.4.160, Payment in Lieu of Sidewalk Construction. For a waiver to transportation standards, see BDC Chapter 4.7, Transportation Analysis. For deviations to the City of Bend Standards and Specifications, see City of Bend Standards and Specifications.
B. Criteria. The Review Authority, after considering the recommendation of the City Engineer, may waive or modify the standards of this chapter based on a determination that (1) the waiver or modification will not harm or will be beneficial to the public in general; (2) the waiver and modification are not inconsistent with the general purpose of ensuring adequate public facilities; (3) the waiver does not prohibit the implementation of a bicycle low stress route or crossing as shown in the Transportation System Plan Figure 5-1, Bicycle Low Stress Network, and with City of Bend Standards and Specifications including the City’s Connector Routes and Crossings Map; and (4) one or more of the following conditions are met:
1. The modification or waiver is necessary to eliminate or reduce impacts on existing drainage patterns or natural features such as riparian areas, significant trees or vegetation, or steep slopes.
2. An existing structure such as a substantial retaining wall makes widening a street or right-of-way or required placement of lines impractical or undesirable.
3. Street access to an existing lot would be eliminated without the waiver or modification.
4. Building on an existing lot would be infeasible without the waiver or modification.
5. The standard is a street width or right-of-way width standard and existing structures on the same side of the block make future widening of the remainder of the street or right-of-way unlikely and the additional width on the project site would not be beneficial for sidewalks or parking without the extension for the rest of the block.
6. The modification or waiver is needed to allow development of, or street access to, the property because of topographical constraints.
7. The existing infrastructure (a) does not meet current standards, (b) is and will remain functionally equivalent to current standards, and (c) there is little likelihood that current standards will be met in the area.
8. The installation of the required improvements would likely cause unacceptable significant adverse environmental impacts and the waiver/modification would avoid such impacts.
9. There is insufficient right-of-way to allow a full width street cross-section and additional right-of-way cannot be provided.
10. There is no street or right-of-way adjacent to the property and easement access has been obtained across private property.
11. Required street frontage improvements for individual single-unit dwellings, manufactured dwellings, accessory dwelling units, duplexes, triplexes, quadplexes, townhomes and cottage developments could best be accomplished by planned area-wide improvements at a future date.
12. The City has conflicting or inconsistent standards and the proposal would comply with one set of adopted standards. Standards are conflicting or inconsistent only when it is not possible to comply with both. In most situations, the more recently adopted standard should be followed and the older standard may be waived.
Maximization of the number of lots or parcels in a land division is not a reason to allow a waiver or modification.
C. Other Requirements Not Waived. Any waivers under this section do not exempt the developer from submitting plans which meet all other applicable specifications.
D. Application Requirements. The application for a waiver or modification shall be in writing submitted as part of a development application. The City Council may adopt a fee for a waiver/modification application by resolution. The application shall specify which requirement(s) of this chapter and/or the City of Bend Standards and Specifications are at issue and which of the condition(s) listed above are met. The application shall contain a statement explaining why the deviation from the required standards is necessary and why the waiver or modification sought will not harm or will be beneficial to the general public.
E. Conditions. The City may impose a condition of approval requiring a signed agreement not to remonstrate against the formation of a local improvement district. [Ord. NS-2463, 2023; Ord. NS-2434, 2022; Ord. NS-2423, 2021; Ord. NS-2349, 2019; Ord. NS-2229, 2014; Ord. NS-2177, 2012; Ord. NS-2139, 2010; Ord. NS-2016, 2006]