PRIVATE RIGHTS-OF-WAYS (STREETS, ALLEYS, SHARED COURTS, COMMON GREENS AND PEDESTRIAN CONNECTIONS)
Administrative Rule Adopted by Bureau of Development Services Pursuant to Rule-Making Authority
The text of the entire administrative rule and appendices
are available online as PDF documents. What follows is an excerpt from the introduction to the administrative rule:
Under Title 3, Section 3.30.010.B and 3.30.040.A, the Director of the (BDS) has the authority to adopt written policies and procedures for the enforcement of Title 33, as delegated by the Planning Director.
The City's Subdivision Regulations are found in the 600's series of chapters in Title 33. Rights-of-way are created through the land use review process of Title 33. The width of the right-of-way and whether a right-of-way is public or private is also determined through the land use review process. Under Section 33.654.120, the Bureau of Development Services is given the authority to review the configuration of
elements within private rights-of-way.
Under Chapters 33.720 and 33.730, the Director of BDS has the authority to make land use recommendations and decisions, subject to certain procedural requirements.
These rules apply to the creation and construction of private rights-of-ways. The rules provide:
• Planning guidelines to achieve consistent BDS implementation of private right-of-way standards andcriteria found in Title 33, within the framework of the land use procedures described in Title 33; and
• Technical standards for the construction of streets, alleys, common greens, shared courts, and pedestrian connections located in private right-of-way tracts.
Authorizing sections of City Titles 3, 24, and 33 are reprinted in Appendix D of this Rule.
A. Purpose and Scope
A private right-of-way tract is a tract of land created for the purpose of providing access to new lots created with a partition or subdivision, where public street access is not possible or practical. A private right-of-way can provide access for motor vehicles, bicycles, and pedestrians. A private right-of-way also often provides a route for private and public utility connections. In some circumstances a private right-of-way must also accommodate larger vehicles, such as fire trucks, delivery trucks, or garbage/recycling trucks. Private right-of-way tracts are typically owned in common by the owners of property served by the right-of-way, owners of property within a land division site, or a Homeowner's Association.
Rights-of-way are created through the land division review process described in the Portland Zoning Code (Title 33). The width of the right-of-way and whether a right-of-way is public or private is also determined through the land use review process governed by Title 33. The Zoning Code specifies that the Bureau of Development Services (BDS) will review the configuration and elements within private rights-of-way.
This rule serves two purposes.
• First, this rule includes planning elements to achieve consistent BDS implementation of the private right-of-way standards and approval criteria found in the Zoning Code.
• Second, this rule also includes technical elements that address the design and construction of streets, alleys, common greens, shared courts and pedestrian connections located in private right-of-way tracts.
Both the planning and technical elements of this rule are designed to promote public safety, by providing a consistent streetscape within private rights-of-way, and by establishing agreements to make sure these shared private improvements are maintained.
Links to administrative rule and appendices:
Text of Administrative Rule (PDF Document, 336 kb)
Appendix A (PDF Document, 8.75 MB)
Appendix B (PDF Document, 14.5 MB)
Appendix C (PDF Document, 21.5 MB)
Appendix D (PDF Document, 80 kb)
Appendix E (PDF Document, 72 kb)
Effective November 1, 2002.
Filed for inclusion in PPD September 29, 2004.
Amended by Director of Bureau of Development Services and filed for inclusion in PPD August 2, 2010.