A. 
Purpose. The standards of Chapter 17-3.6 implement the public facility policies of the City of Molalla Comprehensive Plan and adopted City plans.
B. 
Applicability. Chapter 17-3.6 applies to all new development, including projects subject to Land Division (Subdivision or Partition) approval and developments subject to Site Design Review where public facility improvements are required. All public facility improvements within the city shall occur in accordance with the standards and procedures of this chapter. When a question arises as to the intent or application of any standard, the City Engineer shall interpret the Code pursuant to Chapter 17-1.5.
C. 
Public Works Design Standards. All public facility improvements, including, but not limited to, sanitary sewer, water, transportation, surface water and storm drainage and parks projects, whether required as a condition of development or provided voluntarily, shall conform to the City of Molalla Public Works Design Standards. Where a conflict occurs between this Code and the Public Works Design Standards, the provisions of the Public Works Design Standards shall govern.
D. 
Public Improvement Requirement. No building permit may be issued until all required public facility improvements are in place and approved by the City Engineer, or otherwise bonded, in conformance with the provisions of this Code and the Public Works Design Standards. Improvements required as a condition of development approval, when not voluntarily provided by the applicant, shall be roughly proportional to the impact of the development on public facilities. Findings in the development approval shall indicate how the required improvements directly relate to and are roughly proportional to the impact of development.
E. 
Limitations on Public Improvement Requirement. If the applicant asserts that it cannot legally be required, as a condition of building permit or site plan approval, to provide easements, dedications, or improvements at the level otherwise required by this section, then:
1. 
The building permit, site plan review, or appeal application shall include a rough proportionality report, prepared by a qualified civil or traffic engineer, as appropriate, showing:
a. 
The estimated extent, on a quantitative basis, to which the improvements will be used by persons served by the building or development, whether the use is for safety or for convenience;
b. 
The estimated level, on a quantitative basis, of improvements needed to meet the estimated extent of use by persons served by the building or development;
c. 
The estimated impact, on a quantitative basis, of the building or development on the public infrastructure system of which the improvements will be a part;
d. 
The estimated level, on a quantitative basis, of improvements needed to mitigate the estimated impact on the public infrastructure system; and
2. 
The applicant shall, instead, be required to provide easements, dedications, and improvements that are roughly proportional to what is needed for the safety or convenience of persons served by the building or development, plus those additional easements, dedications, and improvements that are roughly proportional to what is needed to mitigate the impact of the building or development on the public infrastructure system of which the improvements will be a part, if the impacts are not fully mitigated by the easements, dedications, and improvements needed for the safety or convenience of persons served by the building or development.
(Ord. 2017-08 §1; Ord. 2021-06 §1)
A. 
General Requirements.
1. 
Except as provided by subsection A.5, existing substandard streets and planned streets within or abutting a proposed development shall be improved in accordance with the standards of Chapter 17-3.6 as a condition of development approval.
2. 
All street improvements, including the extension or widening of existing streets and public access ways, shall conform to Section 17-3.6.020, and shall be constructed consistent with the City of Molalla Public Works Design Standards.
3. 
All new streets shall be contained within a public right-of-way. Public access ways (e.g., pedestrian ways) may be contained within a right-of-way or a public access easement, subject to review and approval of the City Engineer.
4. 
The purpose of this subsection is to coordinate the review of land use applications with roadway authorities and to implement Section 660-012-0045(2)(e) of the State Transportation Planning Rule, which requires the City to adopt a process to apply conditions to development proposals in order to minimize impacts and protect transportation facilities. The following provisions also establish when a proposal must be reviewed for potential traffic impacts; when a Transit Analysis Letter (TAL) or Traffic Impact Analysis (TIA) must be submitted with a development application in order to determine whether conditions are needed to minimize impacts to and protect transportation facilities; the required contents of a TAL/TIA; and who is qualified to prepare the analysis.
a. 
Determining the Required Level of Transportation Analysis and Documentation. A Transportation Impact Analysis (TIA) is required for developments that are expected to have an impact on the transportation system. The analysis shall be based upon the latest edition of the ITE Trip Generation Manual or an agreed-upon alternative methodology where credible data is available to support the alternative methodology. When specific criteria generally associated with small developments are met, a Transportation Analysis Letter (TAL) may be substituted for the required TIA. At the discretion of the City Engineer, a TAL may satisfy the City's transportation analysis requirements, in lieu of a TIA when a development meets all the following criteria:
(1) 
The development generates fewer than 25 peak hour trips during either the AM or PM peak hour. (Two examples of common developments generating fewer trips than these threshold levels are: a subdivision containing 25 or fewer single-family residences or a general office building less than 15,000 square feet.)
(2) 
The development is not expected to impact intersections that currently fail to meet the City's level of service standards or intersections that are operating near the limits of the acceptable level of service thresholds during a peak operating hour.
(3) 
The development is not expected to significantly impact adjacent roadways and intersections that are high accident locations, areas that contain an identified safety concern, or high concentration of pedestrians or bicyclists such as school zones.
(4) 
The development generates an increase in use of adjacent streets by vehicles exceeding the 20,000-pound gross vehicle weights by less than 10 vehicles per day.
b. 
Transportation Analysis Letter Contents. If the City determines, based on information provided by the applicant and in accordance with the criteria specified in Section 3.1, that a TAL is the appropriate document to submit. the following requirements shall apply.
(1) 
The TAL shall be prepared by or prepared under the direct supervision of a registered professional engineer who shall sign and stamp the TAL.
(2) 
The TAL shall include the following:
i. 
The expected trip generation of the proposed development including the AM peak hour, the PM peak hour, daily traffic, and other germane periods as may be appropriate, together with appropriate documentation and references.
ii. 
Site plan showing the location of all access driveways or private streets where they intersect with public streets plus driveways of abutting properties and driveways on the opposite side of the street from the proposed development.
iii. 
Documentation that all site access driveways meet City of Molalla Private Access Driveway Width Standards.
iv. 
Documentation that all site access driveways meet City of Molalla's Minimum City Street Intersection Spacing Standards.
v. 
Documentation that all new site accesses and/or public street intersections meet AASHTO intersection sight distance guidelines.
vi. 
Documentation that there are no inherent safety issues associated with the design and location of the site access driveways.
vii. 
Documentation that the applicant has reviewed the City's TSP and that proposed streets and frontage improvements do or will comply with any applicable standards regarding the functional classification, typical sections, access management, traffic calming and other attributes as appropriate.
c. 
Transportation Impact Analysis Contents. The following information shall be included in each TIA submitted to the City. Additional information specified by the City in the scoping summary or through the pre-application meeting or other project meetings shall also be included.
(1) 
Completed TIA checklist signed by the professional engineer responsible for the preparation of the TIA.
(2) 
Table of Contents—Listings of all sections, figures, and tables included in the report.
(3) 
Executive Summary—A summary of key points, findings, conclusions, and recommendation including a mitigation plan.
(4) 
Introduction, including:
i. 
Proposed land use action including site location, zoning, building size, and project scope.
ii. 
Map showing the proposed site, building footprint, access driveways, and parking facilities.
iii. 
Map of the study area that shows site location and surrounding roadway facilities.
(5) 
Existing Conditions.
i. 
Existing site conditions and adjacent land uses.
ii. 
Roadway characteristics of important transportation facilities and modal opportunities located within the study area, including roadway functional classifications, street cross-section, posted speeds, bicycle and pedestrian facilities, on-street parking, and transit facilities.
iii. 
Existing lane configurations and traffic control devices at the study area intersections.
iv. 
Existing traffic volumes and operational analysis of the study area roadways and intersections.
v. 
Roadway and intersection crash history analysis.
vi. 
Intersection and stopping sight distance related to new and impacted driveways and intersections.
(6) 
Background Conditions (Without the Proposed Land Use Action).
i. 
Approved in-process developments and funded transportation improvements in the study area.
ii. 
Traffic growth assumptions.
iii. 
Addition of traffic from other planned developments.
iv. 
Background traffic volumes and operational analysis.
(7) 
Full Buildout Traffic Conditions (With the Proposed Land Use Action).
i. 
Description of the proposed development plans.
ii. 
Trip generation characteristics of proposed project (including trip reduction documentation).
iii. 
Trip distribution assumptions.
iv. 
Full buildout traffic volumes and intersection operational analysis.
v. 
Site circulation and parking.
vi. 
Intersection and site-access driveway queuing analysis.
vii. 
Recommended roadway and intersection mitigation measures (if necessary).
(8) 
Conclusions and recommendations.
(9) 
Appendix—With Dividers or Tabs.
i. 
Traffic count summary sheets.
ii. 
Crash analysis summary sheets.
iii. 
Existing, background, and full buildout traffic operational analysis worksheets with detail to review capacity calculations.
iv. 
Signal, left-turn, and right-turn lane warrant evaluation calculations.
v. 
Signal timing sheets depicting the timing and phasing used in analysis.
vi. 
Other analysis summary sheets such as queuing.
(10) 
To present the information required to analyze the transportation impacts of development, the following figures shall be included in the TIS:
i. 
Vicinity Map.
ii. 
Existing Lane Configurations and Traffic Control Devices.
iii. 
Existing Traffic Volumes and Levels of Service for each required time period.
iv. 
Future Year Background Traffic Volumes and Levels of Service for each required time period.
v. 
Proposed Site Plan, including access points for abutting parcels and for those across the street from the proposed development.
vi. 
Future Year Assumed Lane Configurations and Traffic Control Devices.
vii. 
Estimated Trip Distribution/Assignment Pattern.
viii. 
Trip reductions (pass-by trips at site access(es)).
ix. 
Site-Generated Traffic Volumes for each required time period.
x. 
Full Buildout Traffic Volumes and Levels of Service for each required time period.
5. 
The City Engineer may waive or allow deferral of standard street improvements, including side-walk, roadway, bicycle lane, undergrounding of utilities, and landscaping, as applicable, where one or more of the following conditions in subdivisions (a) through (d) is met. Where the City Engineer agrees to defer a street improvement, it shall do so only where the property owner agrees not to remonstrate against the formation of a local improvement district in the future.
a. 
The standard improvement conflicts with an adopted capital improvement plan.
b. 
The standard improvement would create a safety hazard.
c. 
It is unlikely due to the developed condition of adjacent property that the subject improvement would be extended in the foreseeable future, and the improvement under consideration does not by itself significantly improve transportation operations or safety.
d. 
The improvement under consideration is part of an approved partition and the proposed partition does not create any new street.
B. 
Street Location, Alignment, Extension, and Grades.
1. 
All new streets, to the extent practicable, shall connect to the existing street network and allow for the continuation of an interconnected street network, consistent with adopted public facility plans and pursuant to subsection D Transportation Connectivity and Future Street Plans.
2. 
Specific street locations and alignments shall be determined in relation to existing and planned streets, topographic conditions, public convenience and safety, and in appropriate relation to the proposed use of the land to be served by such streets.
3. 
Grades of streets shall conform as closely as practicable to the original (pre-development) topography to minimize grading.
4. 
New streets and street extensions exceeding a grade of 10 percent over a distance more than 200 feet, to the extent practicable, shall be avoided. Where such grades are unavoidable, the City Engineer may approve an exception to the 200-foot standard and require mitigation, such as a secondary access for the subdivision, installation of fire protection sprinkler systems in dwellings, or other mitigation to protect public health and safety.
5. 
Where the locations of planned streets are shown on a local street network plan, the development shall implement the street(s) shown on the plan.
6. 
Where required local street connections are not shown on an adopted City street plan, or the adopted street plan does not designate future streets with sufficient specificity, the development shall provide for the reasonable continuation and connection of existing streets to adjacent developable properties, conforming to the standards of this Code.
7. 
Existing street-ends that abut a proposed development site shall be extended with the development, unless prevented by environmental or topographical constraints, existing development patterns, or compliance with other standards in this Code. In such situations, the applicant must provide evidence that the environmental or topographic constraint precludes reasonable street connection.
8. 
Proposed streets and any street extensions required pursuant to this section shall be located, designed, and constructed to allow continuity in street alignments and to facilitate future development of vacant or redevelopable lands.
C. 
Rights-of-Way and Street Section Widths.
1. 
Street rights-of-way and section widths shall comply with the current version of the Public Works Design Standards and Transportation System Plan. The standards are intended: to provide for streets of suitable location, width, and design to accommodate expected vehicle, pedestrian, and bicycle traffic; to afford satisfactory access to law enforcement, fire protection, sanitation, and road maintenance equipment; and to provide a convenient and accessible network of streets, avoiding undue hardships to adjoining properties.
2. 
All streets shall be improved in accordance with the construction standards and specifications of the applicable roadway authority, including requirements for pavement, curbs, drainage, striping, and traffic control devices. Where a planter strip is provided it shall consist of a minimum five-foot-wide strip between the sidewalk and the curb or roadway. Where a swale is provided, it shall either be placed between the roadway and sidewalk or behind the sidewalk on private property, subject to City Engineer approval and recording of required public drainage way and drainage way maintenance easements. Streets with parking on one side only should be avoided. When used, they must be posted NO PARKING.
3. 
Where a range of street width or improvement options is indicated, the City Engineer shall determine requirements based on the advice of a qualified professional and all of the following factors:
a. 
Street classification and requirements of the roadway authority, if different than the City's street classifications and requirements;
b. 
Existing and projected street operations relative to applicable standards;
c. 
Safety of motorists, pedestrians, bicyclists, and South Clackamas Transit District (SCTD) users, including consideration of accident history;
d. 
Convenience and comfort for pedestrians, bicyclists, and SCTD users;
e. 
Provision of on-street parking;
f. 
Placement of utilities;
g. 
Street lighting;
h. 
Slope stability, erosion control, and minimizing cuts and fills;
i. 
Surface water management and storm drainage requirements;
j. 
Emergency vehicles or apparatus and emergency access, including evacuation needs;
k. 
Transitions between varying street widths (i.e., existing streets and new streets); and
l. 
Other factors related to public health, safety, and welfare.
D. 
Transportation Connectivity and Future Street Plans. The following standards apply to the creation of new streets:
1. 
Intersections. Streets shall be located and designed to intersect as nearly as possible to a right angle. Street intersections shall meet the current requirements of the Public Works Design Standards and Transportation System Plan.
2. 
Access Ways. The Planning Commission, in approving a land use application with conditions shall require a developer to provide an access way where the creation of a cul-de-sac or dead-end street is unavoidable and the access way connects or may in the future connect, the end of the street to another street, a park, or a public access way, except where the City Engineer and City Planner determine the access way is not feasible. Where an access way is required, it shall be not less than 10 feet wide and shall contain a minimum eight-foot-wide concrete surface or other all-weather surface approved by the City Engineer. Access ways shall be contained within a public right-of-way or public access easement, as required by the City.
3. 
Connectivity to Abutting Lands. The street system of a proposed subdivision shall be designed to connect to existing, proposed, and planned streets adjacent to the subdivision. Wherever a proposed development abuts unplatted land or a future development phase of an existing development, street stubs shall be provided to allow access to future abutting subdivisions and to logically extend the street system into the surrounding area. Street ends shall be designed to facilitate future extension in terms of grading, width, and temporary barricades.
4. 
Street Connectivity and Formation of Blocks. In order to promote efficient vehicular and pedestrian circulation throughout the City, subdivisions and site developments shall be served by an interconnected street network, pursuant to the current version of the Public Works Design Standards and Transportation System Plan. Where a street connection cannot be made due to physical site constraints, approach spacing requirements, access management requirements, or similar restrictions; a pedestrian access way connection shall be provided pursuant to Chapter 17-3.3. Streets and accessways need not be required where one or more of the following conditions exist:
a. 
Physical or topographic conditions make a street or accessway connection impracticable. Such conditions include, but are not limited to, freeways, railroads, steep slopes, wetlands or other bodies of water where a connection could not reasonably be provided:
b. 
Buildings or other existing development on adjacent lands physically preclude a connection now or in the future considering the potential for redevelopment; or
c. 
Where streets or accessways would violate provisions of leases, easements, covenants, restrictions or other agreements existing as of May 1, 1995, which preclude a required street or accessway connection.
5. 
Cul-de-Sac Streets. A cul-de-sac street shall only be used where the City Engineer determines that environmental or topographical constraints, existing development patterns, or compliance with other applicable City requirements preclude a street extension. Where the City determines that a cul-de-sac is allowed, cul-de-sac length, turn-around type, and pedestrian access to adjoining properties shall meet the requirements of the current version of the Public Works Design Standards and Transportation System Plan and subsection D.2.
6. 
Future Street Plan. Where a subdivision is proposed adjacent to other developable land, a future street plan shall be filed by the applicant in conjunction with an application for a subdivision in order to facilitate orderly development of the street system. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include other divisible parcels within 600 feet surrounding and adjacent to the proposed subdivision. The street plan is binding when part of a multi-phased master planned development. The plan must demonstrate, pursuant to City standards, that the proposed development does not preclude future street connections to adjacent development land.
7. 
Private Streets and Gated Drives. Private streets and gated drives serving more than two dwellings (i.e., where a gate limits access to a development from a public street), are prohibited.
E. 
Engineering Design Standards. Street design shall conform to the standards of the applicable roadway authority; for City streets that is the current version of the Public Works Design Standards and Transportation System Plan. Where a conflict occurs between this Code and the Public Works Design Standards, the provisions of the Design Standards shall govern.
F. 
Fire Code Standards. Where Fire Code standards conflict with City standards, the City shall consult with the Fire Marshal in determining appropriate requirements. The City shall have the final determination regarding applicable standards.
G. 
Substandard Existing Right-of-Way. Where an existing right-of-way adjacent to a proposed development is less than the standard width, the City Engineer may require the dedication of additional rights-of-way at the time of Subdivision, Partition, or Site Plan Review, pursuant to the standards in the Public Works Design Standards and Transportation System Plan.
H. 
Traffic Calming. The City may require the installation of traffic calming features such as traffic circles, curb extensions, reduced street width (parking on one side), medians with pedestrian crossing refuges, speed tables, speed humps, or special paving to slow traffic in neighborhoods or commercial areas with high pedestrian traffic.
I. 
Sidewalks, Planter Strips, and Bicycle Lanes. Except where the City Engineer grants a deferral of public improvements, pursuant to Chapter 17-4.2 or Chapter 17-4.3, sidewalks, planter strips, and bicycle lanes shall be installed concurrent with development or widening of new streets, pursuant to the requirements of this chapter. Maintenance of sidewalks and planter strips in the right-of-way is the continuing obligation of the adjacent property owner.
J. 
Streets Adjacent to Railroad Right-of-Way. When a transportation improvement is proposed within 300 feet of a railroad crossing, or a modification is proposed to an existing railroad crossing, the Oregon Department of Transportation and the rail service provider shall be notified and given an opportunity to comment, in conformance with the provisions of Division IV. Private crossing improvements are subject to review and licensing by the rail service provider.
K. 
Street Names. No new street name shall be used which will duplicate or be confused with the names of existing streets in the City of Molalla or vicinity. Street names shall be submitted to the City for review and approval in consultation with Clackamas County and emergency services.
L. 
Survey Monuments. Upon completion of a street improvement and prior to acceptance by the City, it shall be the responsibility of the developer's registered professional land surveyor to provide certification to the City that all boundary and interior monuments have been reestablished and protected.
M. 
Street Signs. The city, county, or state with jurisdiction shall install all signs for traffic control and street names. The cost of signs required for new development shall be the responsibility of the developer. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required.
N. 
Streetlight Standards. Streetlights shall be relocated or new lights installed, as applicable, with street improvement projects. Streetlighmultits shall conform to City standards, be directed downward, and full cutoff and full shielding to preserve views of the night sky and to minimize excessive light spillover onto adjacent properties.
O. 
Mail Boxes. Mailboxes shall conform to the requirements of the United States Postal Service and the State of Oregon Structural Specialty Code.
P. 
Street Cross-Sections. The final lift of pavement shall be placed on all new constructed public roadways prior to final City acceptance of the roadway.
(Ord. 2017-08 §1; Ord. 2019-01 §1)
A. 
Minimum Parkland Dedication Requirements. Residential subdivisions, master planned developments, and multifamily developments shall be required to dedicate parkland to the City. Middle housing land divisions pursuant to ORS 92.031 shall not be subject to the parkland dedication requirements in this section.
The parkland dedication requirement shall be 0.007 acres per person based on the adopted standard of seven acres of park land per 1,000 residents in the City of Molalla Parks, Recreation, and Trails System Plan.
Persons per dwelling unit shall be calculated at the following levels: For development densities of 0-12 dwelling units/net acre = 2.7 persons/dwelling unit. For development densities greater than 12 dwelling units/net acre = 2.0 persons/dwelling unit.
1. 
The required parkland shall be dedicated as a condition of approval for the following:
a. 
Preliminary plat for a subdivision; and
b. 
Preliminary plat or site design review for a master planned development; and
c. 
Site design review for a multifamily development.
B. 
Calculation of Parkland Dedication Acreage.
1. 
The required parkland acreage to be dedicated shall be based on the following formula:
a. 
For residential subdivisions:
Required parkland dedication (acres) = (Proposed number of dwelling units) x (Persons/dwelling unit) x 0.007 (Per person parkland dedication factor)
i. 
Each duplex shall be counted as one dwelling unit.
b. 
For multifamily developments:
Required parkland dedication (acres) = (Proposed number of dwelling units x Persons per dwelling unit x 0.007 Per person parkland dedication factor) – (0.15 x buildable acres)
C. 
Dedication Procedures.
1. 
For subdivisions, parkland required by this section shall be dedicated on the final plat.
2. 
For multifamily developments, parkland required by this section shall be dedicated by recording a deed, easement or other appropriate document prior to issuance of a building permit.
3. 
For master planned developments, parkland required by this section shall be dedicated on the final plat or by recording a deed, easement, or other appropriate document prior to issuance of a building permit, as applicable to the development.
4. 
For phased developments, the required parkland for the entire development shall be dedicated on the final plat for the first phase.
D. 
Minimum Parkland Standards.
1. 
Land required or proposed for parkland dedication shall meet the following criteria:
a. 
Must be contained within a single, contiguous unit;
b. 
Must be a minimum size of 0.25 acres;
c. 
Must abut an existing right-of-way or proposed right-of-way within the development, or an access easement to the parkland must be provided;
d. 
Must be in an area designated as Proposed Parkland or within the park acquisition and development areas on the Proposed System Map in the City of Molalla Parks, Recreation, and Trails System Plan; and
e. 
Must not be subject to any other easements or encumbrances.
2. 
For parkland that abuts an existing or proposed right-of-way within the development, the applicant shall install sidewalks on the parkland adjacent to any street per the applicable standards in the Molalla Municipal Code and the 2018 City of Molalla Transportation System Plan, as amended from time to time.
3. 
For parkland that does not abut an existing or proposed right-of-way within the development, the applicant shall meet the applicable standards in Chapter 17-3.3 Access and Circulation.
E. 
Fee in Lieu of Dedication.
1. 
A fee in lieu of dedication shall be required if the proposed parkland to be dedicated cannot meet the criteria set forth in § 17-3.6.030(D)(1).
2. 
The fee in lieu of parkland dedication for a subdivision shall be paid prior to the approval of the final plat.
3. 
The fee in lieu of parkland dedication for multifamily developments shall be paid at the time of building permit issuance for the subject lot or parcel.
4. 
The fee in lieu of parkland dedication for master planned developments shall be paid prior to the approval of the final plat or at the time of building permit issuance for the subject lot or parcel, as applicable to the development.
5. 
A fee in lieu of parkland dedication is separate from park systems development charges (SDCs) and is not eligible for a credit of Park SDCs.
F. 
Calculation of Fee. The amount of the fee in lieu of land dedication (in dollars per acre) shall be set by City Council resolution, based on the real market value of land as determined by the Clackamas County Tax Assessor.
(Ord. 2017-08 §1; Ord. 2025-04, 5/28/2025)
A. 
Sewers and Water Mains Required. All new development is required to connect to City water and sanitary sewer systems. Sanitary sewer and water system improvements shall be installed to serve each new development and to connect developments to existing mains in accordance with the adopted facility master plans and applicable Public Works Design Standards. Where streets are required to be stubbed to the edge of the subdivision, sewer and water system improvements and other utilities shall also be stubbed with the streets, except as may be waived by the City Engineer where alternate alignment(s) are provided.
B. 
Sewer and Water Plan Approval. Development permits for sewer and water improvements shall not be issued until the City Engineer has approved all sanitary sewer and water plans in conformance with City standards.
C. 
Over-Sizing. The City may require as a condition of development approval that sewer and water lines serving new development be sized to accommodate future development within the area as projected by the applicable facility master plans, and the City may authorize other cost-recovery or cost-sharing methods as provided under state law.
D. 
Inadequate Facilities. Development permits may be restricted or rationed by the Planning Commission where a deficiency exists in the existing water or sewer system that cannot be rectified by the development and which, if not rectified, will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of domestic water and sewerage treatment systems. The City Engineer may require water booster pumps, sanitary sewer lift stations, and other critical facilities be installed with backup power.
(Ord. 2017-08 §1)
A. 
General Provisions. The City shall issue a development permit only where adequate provisions for stormwater runoff have been made in conformance with the requirements of the current version of the Public Works Design Standards and Stormwater Master Plan.
B. 
Accommodation of Upstream Drainage. Culverts and other drainage facilities shall be large enough to accommodate existing and potential future runoff from the entire upstream drainage area, whether inside or outside the development. Such facilities shall be subject to review and approval by the City Engineer.
C. 
Effect on Downstream Drainage. Where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the City shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with City standards.
D. 
Over-Sizing. The City may require as a condition of development approval that sewer, water, or storm drainage systems serving new development be sized to accommodate future development within the area as projected by the applicable facility master plan, provided that the City may grant the developer credit toward any required system development charge for the same pursuant to the System Development Charge.
E. 
Existing Watercourse. Where a proposed development is traversed by a watercourse, drainage way, channel, or stream, the City may require a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance to protect the public health and safety.
(Ord. 2017-08 §1)
The following standards apply to new development where extension of electric power, gas, or communication lines is required:
A. 
General Provision. The developer of a property is responsible for coordinating the development plan with the applicable utility providers and paying for the extension and installation of utilities not otherwise available to the subject property.
B. 
Underground Utilities.
1. 
General Requirement. The requirements of the utility service provider shall be met. All utility lines in new subdivisions, including, but not limited to, those required for electric, communication, and lighting, and related facilities, shall be placed underground, except where the City Engineer determines that placing utilities underground would adversely impact adjacent land uses. The Planning Official may require screening and buffering of above ground facilities to protect the public health, safety, or welfare.
2. 
Subdivisions. In order to facilitate underground placement of utilities, the following additional standards apply to all new subdivisions:
a. 
The developer shall make all necessary arrangements with the serving utility to provide the underground services. Care shall be taken to ensure that no aboveground equipment obstructs vision clearance areas for vehicular traffic, per Chapter 17-3.3 Access and Circulation.
b. 
The City Engineer reserves the right to approve the location of all surface-mounted facilities.
c. 
All underground utilities installed in streets must be constructed and approved by the applicable utility provider prior to the surfacing of the streets.
d. 
Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made.
C. 
Exception to Undergrounding Requirement. The City Engineer may grant exceptions to the undergrounding standard where existing physical constraints, such as geologic conditions, streams, or existing development conditions make underground placement impractical.
(Ord. 2017-08 §1)
A. 
Provision. The developer shall make arrangements with the City and applicable utility providers for each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development.
B. 
Standard. Utility easements shall conform to the requirements of the utility service provider. All other easements shall conform to the City of Molalla Public Works Design Standards.
C. 
Recordation. All easements for sewers, storm drainage and water quality facilities, water mains, electric lines, or other utilities shall be recorded and referenced on a survey or final plat, as applicable. See Chapter 17-4.2 Site Design Review, and Chapter 17-4.3 Land Divisions and Property Line Adjustments.
(Ord. 2017-08 §1)
No development, including sanitary sewers, water, streets, parking areas, buildings, or other development, shall commence without plans having been approved by the City of Molalla Public Works Department and permits issued. Permit fees are required to defray the cost and expenses incurred by the City for construction and other services in connection with the improvement. Permit fees are as set by City Council resolution.
(Ord. 2017-08 §1)
A. 
Conformance Required. Improvements installed by the developer, either as a requirement of these regulations or at the developer's option, shall conform to the requirements of this chapter, approved construction plans, and to improvement standards and specifications adopted by the City.
B. 
Adopted Installation Standards. The City of Molalla has adopted Public Works Design Standards for public improvements and private utility installation within the public right-of-way.
C. 
Commencement. Work in a public right-of-way shall not begin until all applicable agency permits have been approved and issued.
D. 
Resumption. If work is discontinued for more than six months, it shall not be resumed until the Public Works Director is notified in writing and grants approval of an extension.
E. 
City Inspection. Improvements shall be constructed under the inspection of the City Engineer. The City Engineer may approve minor changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest, except that substantive changes to the approved design shall be subject to review under Chapter 17-4.5 Modifications to Approved Plans and Conditions of Approval. Any survey monuments that are disturbed before all improvements are completed by the developer or subdivider shall be replaced at the developer or subdivider's expense prior to final acceptance of the improvements.
F. 
Engineer's Certification and As-Built Plans. In accordance with the current version of the Public Works Design Standards, a registered civil engineer shall provide written certification in a form required by the City that all improvements, workmanship, and materials meet current and standard engineering and construction practices, conform to approved plans and conditions of approval, and are of high grade, prior to City's acceptance of the public improvements, or any portion thereof, for operation and maintenance. The developer's engineer shall also provide two sets of "as-built" plans, one paper set and one electronic set for permanent filing with the City. If required by the City, the developer or subdivider shall provide a warranty bond pursuant to Section 17-3.6.100.
(Ord. 2017-08 §1)
A. 
Performance Guarantee Required. The City at its discretion may approve a final plat or building permit when it determines that all of the public improvements required for the site development or land division, or phase thereof, are complete and the applicant has an acceptable assurance for the balance of said improvements. The applicant shall provide a performance and payment bond in accordance with the current version of the Public Works Design Standards.
B. 
Determination of Sum. The assurance of performance shall be for a sum determined by the City Engineer as required to cover the cost of the improvements and repairs, including related engineering and incidental expenses, plus reasonable inflationary costs. The assurance shall not be less than 125 percent of the estimated improvement costs.
C. 
Itemized Improvement Estimate. The applicant shall furnish to the City an itemized improvement estimate, certified by a registered civil engineer, to assist the City in calculating the amount of the performance assurance.
D. 
Agreement. A written agreement between the City and applicant shall be signed recorded. The agreement may include a provision for the construction of the improvements in stages and for the extension of time under specific conditions. The agreement shall contain all of the following:
1. 
The period within which all required improvements and repairs shall be completed;
2. 
A provision that if work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant;
3. 
The required improvement fees and deposits.
E. 
When Applicant Fails to Perform. In the event the applicant fails to carry out all provisions of the agreement and the City has un-reimbursed costs or expenses resulting from such failure, the City shall call on the bond, cash deposit, or letter of credit for reimbursement.
F. 
Termination of Performance Guarantee. The applicant shall not cause termination, nor allow expiration, of the guarantee without first securing written authorization from the City.
G. 
Warranty Bond. A warranty bond good for two years is required on all public improvements and landscaping when installed in the public right-of-way. The warranty bond shall equal 120 percent of the total cost of improvements and begin upon acceptance of said improvements by the City.
(Ord. 2017-08 §1; Ord. 2024-02, 4/10/2024)