The City of Happy Valley recognizes the aesthetic and economic value of landscaping and recreation areas and encourages its use to establish a pleasant community character, unify developments, buffer or screen unsightly features, soften and buffer large scale structures and parking lots; and to aid in energy conservation by providing shade from the sun and shelter from the wind. The community desires and intends all properties to be landscaped and maintained.
This chapter prescribes standards for landscaping, street trees, buffering and screening and shared outdoor recreation areas. While this chapter provides standards for frequently encountered development situations, detailed planting plans and irrigation system designs, when required, shall be reviewed by the City consistent with this chapter.
(Ord. 389 § 1(Exh. A), 2009; Ord. 468 § 1, 2014)
This chapter shall apply to all land divisions and developments subject to site design review. Accessory dwelling units, single-family detached, single-family attached dwellings, duplexes, triplexes, quadplexes, or cottage clusters are not subject to Section 16.42.030(D), (F), (G), (H), (J) and (K).
(Ord. 389 § 1, 2009; Ord. 582, 3/19/2024)
A. 
General Requirements for Landscaping.
1. 
Where landscaping is required by this code, a detailed landscape design plan in accordance with Section 16.42.030(C) shall be submitted for review with development applications. No development may commence until the Planning Official or designee has determined the plans comply with the specific standards of this section. All required landscaping and related improvements shall be completed or financially guaranteed prior to the issuance of a certificate of occupancy.
2. 
Appropriate care and maintenance of landscaping on-site and landscaping in the adjacent public right-of-way is the joint and several right and responsibility of the property owner, tenant, and their agent, if any, unless otherwise provided by the lease agreement, or City ordinances specify otherwise for general public and safety reasons. If street trees or other plant materials do not survive or are removed, materials shall be replaced in kind within four months. Landscaping shall be maintained in a condition which presents a healthy, neat, and orderly appearance and shall be kept free of refuse and debris.
3. 
Significant plant and tree specimens should be preserved to the greatest extent practicable and integrated into the design of a development. Trees that are six inches or greater in diameter measured at a height of four and one-half feet above grade are considered significant pursuant to Section 16.42.050. Plants to be saved and methods of protection shall be indicated on the detailed landscape plan submitted for approval. Existing trees may be considered preserved if no cutting, filling, or compaction of the soil takes place between the trunk of the tree and the area five feet outside the tree's drip line. Trees to be retained shall be protected from damage during construction by a construction fence located five feet outside the drip line.
4. 
In no case shall shrubs, conifer trees, or other screening be permitted within vision clearance areas of street, alley, or driveway intersections, or where the City Engineer otherwise deems such plantings would endanger pedestrians and vehicles. All plant growth in landscaped areas shall be controlled by pruning, trimming, or otherwise so that it will not interfere with the maintenance or repair of any public utility.
5. 
Landscaped areas may include stormwater detention facilities, architectural features or artificial groundcovers such as sculptures, benches, masonry or stone walls, fences, rock groupings, bark dust, decorative hard paving and gravel areas interspersed with planted areas, and on-site natural features which are retained and improved. The exposed area developed with such features shall not exceed 25% of the required landscaped area. This area may be developed into pedestrian amenities, including, but not limited to, sidewalk cafés, seating, water features and plazas, as approved by the Planning Official or designee or the Design Review Board. Artificial plants are prohibited in any required landscaped area.
6. 
Balconies required for entrances and exits should not be considered as landscaped areas except where such exits and entrances are for the sole use of the unit.
7. 
Roofed structures shall not be included as open space except for open unenclosed public patios, balconies, gazebos, or other similar structures or spaces.
8. 
Driveways and parking areas shall not be included as landscaped area.
9. 
All areas not occupied by paved roadways, parking areas, loading areas, driveways, walkways, patios, or buildings shall be landscaped.
10. 
Topsoil and Cover Planting.
a. 
During construction, sufficient topsoil and overburden shall be stored on the property in a stabilized condition at an isolated location to restore graded or backfilled areas. Such areas shall be covered with not less than eight inches of topsoil of at least equal quality to that removed, provided that if the average depth of the topsoil prior to excavation was less than eight inches, then the depth required need not exceed such lesser average.
b. 
Upon replacement of topsoil, the developer shall provide groundcover selected by the developer adequate to control erosion, prevent undue runoff and restore the surface in a manner suitable for its future development. Such groundcover will be identified by the developer on the site plan at the time of site plan review or preliminary approval of a partition, subdivision, PUD, or nonresidential development.
11. 
Final public infrastructure inspection and authorization to submit building permits may occur prior to the landscaping requirements having been met, provided that the City has received bonding or other assurances to cover the cost of required public improvements, in accordance with Section 16.50.080.
B. 
Area Required. The following minimum gross developable lot area of the greater proposed development shall be landscaped:
1. 
Single-family detached, single-family attached dwellings, duplexes, triplexes and fourplexes: 20%. A minimum of 50 square feet of landscaping shall be located in front of the dwelling(s);
2. 
Multifamily dwellings containing five or more units: 20%;
3. 
All other uses, including, but not limited to, nonresidential uses, e.g., commercial, industrial, institutional, or civic: 15%.
C. 
Landscaping Plan Requirements.
1. 
The applicant shall submit a preliminary landscape design plan which includes:
a. 
Location of underground irrigation system sprinkler heads where required by the City;
b. 
Location and height of fences, buffers and screening;
c. 
Location of terraces, decks, shelters, play areas, accessory structures and facilities, and common open areas;
d. 
Location, type, size and species of existing and proposed plant materials;
e. 
A narrative which addresses soil conditions and erosion control measures that will be used;
f. 
Proposed location(s) and design of trash receptacles, clustered mailboxes per the provisions of the Americans with Disabilities Act and implementing federal regulations as well as the accessibility provisions of the Oregon Structural Specialty Code, newspaper boxes, and entry features or signs;
g. 
Any trees over six inches in diameter at four feet in height proposed to be removed;
h. 
The approval standards shall be the applicable standards contained in this section.
D. 
Parking Lot Landscaping.
1. 
Except for a residential development that has landscaped yards, parking facilities shall include landscaping to cover not less than 15% of the area devoted to parking facilities.
a. 
The landscaping shall be uniformly distributed throughout the parking area and may consist of trees, shrubs, and groundcovers.
b. 
The tree canopy coverage shall be a minimum of 30% over parking areas, with spacing and species planted to maintain a continuous canopy except when interrupted by driveways, drive aisles, and other site design considerations. A tree canopy plan shall be submitted in coordination with the local electric utility, including pre-design, design, building and maintenance phases.
c. 
A certified arborist must review the proposed parking lot landscape plan to ensure that the location of the proposed tree plantings maximizes their root health and chances for survival, including having ample high-quality soil, space for root growth, and reliable irrigation according to the needs of the species. Trees should be planted in continuous trenches where possible.
d. 
Tree plantings shall meet the minimum standards as outlined in the 2021 American National Standards Institute A300 standards.
2. 
Screening of all parking areas containing four or more spaces and all parking areas in conjunction with an off-street loading facility shall be required. Where not otherwise specified by district requirement, screening along a public right-of-way and the parking area perimeter shall include a minimum 10 feet depth of buffer plantings adjacent to the right-of-way and along the perimeter of the parking area except when the perimeter of the parking area is within a commercial center or part of shared parking area, where a buffer is not required.
3. 
When parking in a commercial or industrial district adjoins a residential zoning district or use that is not comprised of a landscaped open space tract owned and maintained by the public or a Homeowner's Association providing for sight obscuring screening along the length of the subject site, a sight-obscuring screen that is at least 80% opaque when viewed horizontally from between two and eight feet above the average ground level shall be required. The screening shall be composed of materials that are an adequate size so as to achieve the required degree of screening. Screening options may include landscaped earthen berms, solid wood fences or masonry walls with landscaping, or a combination of landscaping and construction materials that provide sight and sound abatement at the time of building occupancy.
4. 
Parking areas shall be divided into bays of not more than eight spaces in parking areas with 20 or more spaces. Between, and at the end of each parking bay, there shall be planters that have a minimum width of five feet and a minimum length of 17 feet for a single depth bay and 34 feet for a double bay. Each planter shall contain one major structural tree and groundcover. Truck parking and loading areas are exempt from this requirement.
5. 
In parking lots three acres and larger intended for use by the general public, the walkway shall be raised or separated from parking, parking aisles and travel lanes by a raised curb, concrete bumpers, bollards, landscaping or other physical barrier. If a raised walkway is used, curb ramps shall be provided in accordance with the Americans with Disabilities Act (ADA) Accessibility Guidelines.
E. 
Required Tree Plantings. The street tree requirements in 16.50.110 shall be met.
F. 
Irrigation. Landscaping shall be irrigated, either with a manual or automatic system, to sustain viable plant life, or shall submit a xeriscaping landscape plan based on drought tolerant plantings for review and approval of the Planning Official and/or Design Review Board. Any development, redevelopment, or street improvement or installation project that results in the requirement of more than one standard residential meter (⅝ x ¾, rated at 20 gallons per minute) to be dedicated to the irrigation of publicly accessible green space and/or planter strips shall be required to install irrigation systems that utilize evapotranspiration (ET) based controllers if the green spaces are to be irrigated at any time during peak demand season. Subdivisions, planned unit developments (PUDs) and road projects requiring more than two standard residential meters (⅝ x ¾, rated at 20 gpm) to be dedicated to the irrigation of publicly accessible green space and/or planter strips shall utilize central control systems with active connection to weather stations and flow monitoring sensors. The developer or project owner will be required to pay the cost for initial set-up and programming with the contractor selected by Sunrise Water Authority to manage the irrigation control system. Sunrise Water Authority will retain responsibility for engaging the contractor to operate any and all irrigation management systems installed under this program. Annual operational costs for the management of the system shall be collected from the homeowners within the subdivision or planned unit development as a surcharge on their water bill. Industry standard charges for operation and management of ET based irrigation control systems are based upon the number of valves in the irrigation system. This charge shall be equitably distributed amongst all home sites within the subdivision or PUD or, in the case of road projects, borne by the project owner, such as the County, City or State.
G. 
Types and Size of Plant Material.
1. 
At least 75% of the required landscaping area (at maturity) shall be planted with a suitable combination of trees, shrubs, or evergreen groundcover.
2. 
Plant Materials. Use of native plant materials or plants acclimatized to the Pacific Northwest is encouraged where possible.
3. 
Deciduous trees shall be species having an average mature spread of crown greater than 15 feet and having trunks, which can be maintained in a clear condition with over five feet of clear wood (without branches). Trees having a mature spread of crown less than 15 feet may be substituted by grouping the same so as to create the equivalent of a 15 foot crown spread.
4. 
Deciduous trees shall be balled and burlapped, and a minimum of seven feet in overall height or one and one-half inches in caliper measured six inches above the ground, immediately after planting. Bare root trees will be acceptable to plant during their dormant season.
5. 
Coniferous trees shall be a minimum five feet in height above ground at time of planting.
6. 
Shrubs shall be a minimum of one gallon in size or two feet in height when measured immediately after planting.
7. 
Hedges, where required to screen and buffer off-street parking from adjoining properties shall be planted with an evergreen species maintained so as to form a continuous, solid visual screen within two years after planting.
8. 
Vines for screening purposes shall be a minimum of one gallon in size or 30 inches in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet physical barrier requirements as specified. English Ivy is not permitted.
9. 
Vegetated groundcovers shall be fully rooted and shall be well branched or leafed. If used in lieu of turf in whole or in part, groundcovers shall be planted in such a manner as to provide complete coverage in two years.
10. 
Turf areas shall be planted in species normally grown as permanent lawns in western Oregon. Either sod or seed are acceptable. Acceptable varieties include improved perennial ryes and fescues used within the local landscape industry. Artificial turf/lawn/grass may substitute for vegetative turf/lawn/grass as part of an approved landscape plan illustrating high-quality product that is generally natural in appearance as approved by the Planning Official or designee.
H. 
Revegetation in Unlandscaped or Natural Landscaped Areas.
1. 
Areas where natural vegetation has been removed or damaged through grading or construction activity in areas not affected by the landscaping requirements and that are not to be occupied by structures or other improvements shall be replanted as required by the City or by applicable conditions of approval.
2. 
Plant material shall be watered at intervals sufficient to assure survival and growth.
3. 
The use of native plant materials or plants acclimatized to the Pacific Northwest is encouraged to reduce irrigation and maintenance demands.
I. 
Landscaping Between Public Right-of-Way and Property Lines. Except for portions allowed for parking, loading, or traffic maneuvering, a required setback area abutting a public street and open area between the property line and the roadway in the public street shall be landscaped. That portion of the landscaping within the street right-of-way shall not count as part of the lot area percentage to be landscaped.
J. 
Buffer Planting—Parking, Loading and Maneuvering Areas.
1. 
Buffer plantings are used to reduce building scale, provide transition between contrasting architectural styles, and generally mitigate incompatible or undesirable views. They are used to soften rather than to block viewing. Where required, a mix of plant materials shall be used to achieve the desired buffering effect.
2. 
Any use which is required to provide off-street parking for five or more vehicles shall provide buffering of the parking areas on all sides which face directly upon and are within 100 feet of any property line of the subject site. Buffering shall include, in addition to required street trees for the project as a whole, fencing, sound walls (if deemed necessary by the review authority) or plantings at the immediate perimeter of the parking area which shall be of sufficient height and density, year around, to obscure sight lines to the parked vehicles and negate the impacts of headlights.
3. 
Boundary plantings shall be used to buffer these uses from adjacent properties and the public right-of-way. On-site plantings shall be used between parking bays, as well as between parking bays and vehicle maneuvering areas. A balance of low-lying groundcover and shrubs, and vertical shrubs and trees shall be used to buffer the view of these facilities.
4. 
Decorative walls and fences may be used in conjunction with plantings, but may not be used by themselves to comply with buffering requirements.
K. 
Assurance Required. Landscaped areas shall provide assurance to the City for 125 percent of the estimated cost of the project through a bond, escrow account or certified letter of credit. Landscaped areas shall be completed as shown in the approved plans and inspected and approved by the City prior to final approval ("walk-through"), or shall be provided for by financial guarantee. The City will require a maintenance bond or other financial guarantee for the landscaped areas which will be held for three years after improvements are made to ensure plant survival. Plants that do not survive shall be replaced by the applicant during the first two years after the landscaped area is improved. The amount of the maintenance bond shall be 25 percent of the construction cost of the landscaped areas as approved by the Planning Official or designee. The City may, at its option, require the maintenance bond to be extended should the need arise to finalize inspections or determine plant health.
(Ord. 389 § 1, 2009; Ord. 406 § 1, 2010; Ord. 427 § 1, 2012; Ord. 446 § 1, 2014; Ord. 474 § 1, 2015; Ord. 501 § 1, 2016; Ord. 507 § 1, 2016; Ord. 521 § 3, 2017; Ord. 526 § 1, 2017; Ord. 539 § 1, 2018; Ord. 545 § 1, 2019; Ord. 561 § 1, 2022; Ord. 582, 3/19/2024; Ord. 592, 6/3/2025; Ord. 593, 6/17/2025)
A. 
Purpose. The purpose of this section is to regulate the removal and preservation of trees and to protect trees as a natural resource of the City. It is the intent of this section to allow the prudent management of trees by individual property owners and developers where such management is in keeping with the purposes of this section.
B. 
Tree Removal Permits Applicability.
1. 
No person shall remove a tree that is six inches or more in diameter at four and one-half feet above ground level, without first obtaining a tree removal permit from the City. Permits shall be either a Type A permit or a Type B permit.
2. 
All tree removal permit fees shall be determined by resolution of the City Council.
3. 
The City may impose additional conditions in writing upon approval of a Type A or B tree removal application such as the time and nature of the removal, mitigation measures, erosion control or other reasonable conditions.
4. 
Tree removal fees (per tree) for trees determined to be located within the development envelope and associated tree impact zone around development not associated with subdivision construction, planned unit development (PUD) construction, land partition construction or nonresidential construction, and for hazard trees (dangerous, diseased or dying) shall be waived. This waiver shall not include the filing fee.
5. 
Trees that exist within an existing lot of record, parcel or lot that are not part of preliminary subdivision or PUD may be removed for the creation or preservation of view corridors in the City. Applications to remove trees for the creation or preservation of view corridors shall be made upon forms prescribed by the City. Application type shall be dependent upon whether the applicant meets Type A or Type B permit criteria.
6. 
Tree removal from forested lands outside of commercially viable tree farms pursuant to the definition of "tree farm" preceding building construction or land development activities is prohibited. Tree farms and fruit or nut orchards that can demonstrate current commercial growing and harvesting operations shall be excluded from the provisions of this title, except where the removal of trees would create a significant increase in erosion as determined by the City Engineer, in which case a Type A or Type B permit shall be required.
C. 
Type A Permits.
1. 
An application for a Type A tree removal permit shall be made upon forms prescribed by the City. Upon submittal of the required application a representative of the City may make a site visit prior to issuance of the permit to verify the information contained in the application. The application for a permit shall contain at a minimum:
2. 
The following procedure shall be followed for Type A permits:
a. 
By submission of an application, the applicant shall be deemed to have authorized City representatives access to the property as may be needed to verify the information provided, to observe site conditions, and if a permit is granted, to verify that terms and conditions of the permit have been followed;
b. 
Upon application for a tree removal permit, the applicant shall clearly mark all trees requested for removal. Trees may be marked by colored tape, paper or any other clearly identifiable marking. A representative of the City may then make a site visit to examine the trees requested for removal;
c. 
Within seven working days, the City shall notify an applicant if the application is deemed complete or not complete. Within 10 working days of the submission of a complete or completed Type A application, the City shall grant or deny the application.
3. 
Type A permits shall be evaluated based upon the following criteria:
a. 
No more than three trees are proposed for removal;
b. 
The tree removal is not within an area subject to Chapter 16.32 or Chapter 16.34 of the LDC; and
c. 
The property does not contain trees protected as a condition of approval of development pursuant to the LDC.
d. 
The proposed trees are not located on public property or within a street tree easement.
e. 
A Type A permit has not been granted for the subject site within the past year. This limitation may be waived by the City upon a showing of extreme hardship or exigent circumstances.
4. 
No property for which a Type A permit has been granted may be the subject of an application for a subsequent Type A permit for a period of 12 months; however this limitation may be waived by the City upon a showing of extreme hardship or exigent circumstances. All removal work commenced after the issuance of a tree removal permit, including, but not limited to, the removal and disposal of trees and debris permitted to be removed, shall be completed within 90 days after the issuance of a tree removal permit. If tree removal work has not been completed within 90 days, a new permit must be applied for.
5. 
An applicant for a Type A permit is responsible for obtaining all necessary State and Federal permits that may, in addition to City approvals. This includes abiding by State and Federal wildlife protection laws, such as the Clean Water Act, the Endangered Species Act and the Migratory Bird Treaty Act.
D. 
Type B Permits.
1. 
Type B permits are required for all circumstances where the criteria for a Type A permit are not met.
2. 
Type B permit applications shall contain all information required for a Type A application as provided in subsection C above. In addition, a Type B application shall include:
a. 
A tree survey prepared by a certified arborist, which describes size, species, health and condition of trees, and a map at a minimum scale of one inch equals 100 feet, that locates trees on the property. An arborist-prepared survey is not required for trees determined to be located within the development envelope and associated tree impact zone around the development area not associated with subdivision construction, planned unit development (PUD) construction, land partition construction or nonresidential construction, or if the Planning Official or designee can easily determine that the tree(s) in question are dead or dying. Drainageways, wetlands and surface water features shall also be identified on the map, unless waived by the Planning Official or designee;
b. 
A Tree Removal Plan. The plan shall identify each tree to be removed, describe protective fencing or markings around other trees or spaces to protect surrounding vegetation, and shall map proposed mitigation and erosion control measures. In addition, the plan shall designate grade changes, if any, proposed for the property. Individual trees that are to be removed during construction of a development shall be clearly identified on the tree removal plan, and must receive approval from the City. The plan shall illustrate typical building envelopes as allowed by the required yard setbacks of the underlying development district or actual building envelopes at the discretion of the Planning Official or designee, particularly for multifamily, institutional, commercial or industrial developments; easements; or any other structural development constraints, and shall be based on the final grading plan. All trees proposed for removal must exist within grading areas for public rights-of-way and public infrastructure and utility areas, pursuant to Section 15.12.050 of the Happy Valley Municipal Code, including stormwater detention facilities pursuant to Section 16.50.060 of this Code; and, within the potential or actual building envelope. At the discretion of the Planning Official, tree removal from individual lots may also be proposed for removal or may be subject to a separate Type A or Type B permit as described in subsection B. Removal of trees outside of the areas approved as part of the original subdivision, PUD, partition or nonresidential tree removal plan shall be permitted only upon demonstration by a certified arborist that retention of trees within these areas represents a significant hazard to public health, safety and welfare (including potential damage to structures), or maintains a "view corridor." Review and approval of said arborist report shall be the responsibility of the Planning Official and City Engineer (or designees). The Planning Official or designee shall determine the tree mitigation ratio for all tree removal as detailed within subsection D.2.c of this section.
i. 
Optimal Tree Protection Zone. The minimum distance from the center of a tree to the disturbance line shall be one foot of radius per inch of diameter at breast height (dbh), as measured four and one-half feet above the uphill side of the tree. Within these parameters, 50 percent of the radius may be impacted as long as no more than 25 percent of the total root area is disturbed,
ii. 
A tree that is adjacent to a public right-of-way, public infrastructure and utility area, or potential or actual building footprint shall be retained only if protected within the optimal tree protection zone as defined above. Within the portion of the optimal tree protection zone that is being protected, a substantial fence or barrier shall exist. Within the fenced area, no soil disturbance, including stripping, is permitted. The natural grade is to be maintained, and no storage or dumping of materials, parking, etc. will be allowed within this protection area. The protection area fence or barrier shall remain in place through the construction of the structure. If excavation is proposed within the optimal tree protection zone (outside of the fenced off protection area), tree roots shall be pruned along excavation lines in the following manner:
(A) 
Excavation in the top 24 inches of the soil in the critical root zone area should begin at the excavation line that is closest to the tree;
(B) 
Excavation is to occur with a hand shovel or a backhoe accompanied by a person with a shovel, pruning shears and a pruning saw;
(C) 
When shoveling, all roots one inch diameter or larger shall be pruned at the excavation line. When a backhoe is utilized, the operator starts the cut at the excavation line and if encountering roots or resistance, has the person with the shovel/shears/saw prune any roots that are larger than one inch diameter;
(D) 
Backhoes are to remain off the roots that are to be saved at all times; and
(E) 
All excavation work within the optimal tree protection zone (outside of the fenced protection area) shall be accomplished under the supervision of a certified arborist.
c. 
Mitigation for tree removal shall occur at the following ratio:
Diameter of Tree to be Removed Measured 4.5 feet off the Ground
Number of Trees Required to Be Planted for Each Tree Removed
Trees in the Right-of-Way
Hazard (dangerous, diseased or dying/dead per certified arborist)
1
Less than 6"
1
6" — 12.99"
5
13" — 18.99"
8
19" and Over
1 per every 2" of DBH removed per tree
Trees on Private Property
Hazard (dangerous, diseased or dying/dead per certified arborist)
0
Less than 6"
0
6" — 12.99"
5
13" — 18.99"
8
19" and Over
1 per every 2" of DBH removed per tree
Unless required by a condition of approval or Title 16, mitigation requirements shall not apply to trees outside of a tract removed on private property that are identified by a certified arborist a nuisance, as dead or dying. One mitigation tree shall be required for each tree removed on a tract, on private property within five feet of a dwelling, within an approved Wildfire Risk Reduction Plan, or identified by a certified arborist as a nuisance, dead or dying or in a tract. An arborist report is not required if the Planning Official or designee can easily determine that the tree(s) in question are dead or dying. For Type B permits, the City may require that replacement trees have shade or erosion control potential or other characteristics comparable to or greater than the removed trees. Replacement trees shall be appropriately chosen for the site from an approved tree species list supplied by the City, or as approved by a representative of the City, and shall be nursery Grade No. 1 or better. All replacement trees shall be at least one and one-quarter to one and one-half inches (bag and burlap) in diameter at breast height (dbh), as measured by caliper method for non-wetland, non-riparian corridor mitigation area, or non-slope re-vegetation sites. Within wetland, or riparian corridor mitigation sites, or on publicly owned land (excluding the right-of-way), trees may be bare-root (less than 1.25 inches dbh) if twice the number of mitigation trees are planted.
Replacement trees may be planted on site, at an approved alternate property in the City or a financial contribution to the City's "Tree Bank" in accordance with an adopted fee schedule for the actual number of trees required to be replanted. If weather/irrigation conditions do not support planting of the mitigation trees, the property owner, builder or developer may secure the mitigated number of trees with a City-approved financial security (bonds, irrevocable letters of credit, bank set-asides, cash, etc.). All tree mitigation associated with tree removal for subdivision construction, planned unit development (PUD) construction, land partition construction or nonresidential construction shall require a three-year maintenance bond to ensure survival, per the requirements of Section 16.42.030(K).
3. 
The following procedure shall be followed for Type B permits:
a. 
By submission of an application, the applicant shall be deemed to have authorized City representatives access to the property as may be needed to verify the information provided, to observe site conditions, and if a permit is granted, to verify that terms and conditions of the permit have been followed. All trees are to be clearly marked by the applicant for inspection by a City representative, prior to removal;
b. 
No property for which a Type B permit has been granted may be the subject of an application for a subsequent Type B permit for a period of 12 months; provided, however, that this limitation may be waived by the City upon a showing of extreme hardship or exigent circumstances. If tree removal work has not been completed within 90 days, a new permit must be applied for. By submittal of a written request, the Planning Official may extend this period up to two additional 90 day periods.
4. 
Type B permits shall be evaluated based upon the following criteria:
a. 
It is the intent of this section to allow the prudent management of trees where such management is in keeping with the purposes of this section. Type B permits shall be granted upon a showing that tree removal is either:
i. 
Necessary for the construction of a building, addition, structure or other approved site improvement, and there is no feasible or reasonable alternative option for such improvement which would not require removal of trees; or
ii. 
Necessary to remove a tree or trees that is/are diseased, damaged or in danger of falling, or which present(s) a hazard to people or adjacent property; or
iii. 
Necessary to provide safe and adequate access to utility service, utility drainage or right-of-way.
5. 
An applicant for a Type B permit is responsible for obtaining all necessary State and Federal permits that may, in addition to City approvals, be required for a tree removal proposal. This includes abiding by State and Federal wildlife protection laws, such as the Clean Water Act, the Endangered Species Act and the Migratory Bird Treaty Act. Tree removal between February 1st and July 31st shall require that the applicant perform a bird survey and have a specialist on site during tree removal.
E. 
Tree Removal from Open Spaces and Areas Adjacent to Drainageways.
1. 
At no time shall trees be removed from open spaces in a development, except under circumstances of danger, or threat to life and property as determined by a representative of the City.
2. 
Removal of trees will not be allowed within 30 feet of the high water mark on either side of an identified drainageway. An identified drainageway shall be one that is identified on a United States Department of the Interior Geological Survey 7.5 Minute Quadrangle Map ("U.S. Geological Survey Map"). No tree may be removed from an identified drainageway unless such tree is determined by a City representative to be a dangerous tree. For any drainageway that is not identified upon the United States Geological Survey Map, the permittee shall have the burden of demonstrating that the tree removal sought will not cause or contribute to erosion. The City may require that added erosion control measures be implemented to prevent erosion. The City may require additional documentation substantiating a claim of dangerous circumstances alleged to necessitate the removal of trees from within an identified drainageway. This request for information may include, but is not limited to, a certified arborist report confirming the danger posed by the tree(s) in question.
F. 
Emergency Permits. If any tree presents an immediate danger of collapse, posing a clear and present hazard to persons and/or property, such tree may be removed without formal application for a Type A or B permit and the payment of a tree removal permit fee may be waived by the Planning Official or designee. For the purposes of this section, "immediate danger of collapse" means that the tree is already leaning, with the surrounding soil heaving, and there is a significant likelihood that the tree will topple or otherwise fall and cause damage before a tree removal permit can be obtained through the nonemergency process. The tree owner should photograph the tree showing emergency conditions and then may proceed with the removal of the tree to the extent necessary to avoid the immediate hazard. Within seven days after such removal, the tree owner shall apply for a retroactive emergency tree removal permit. If the evidence and information presented by the tree owner do not meet the criteria for an emergency tree removal permit set forth in this section, the owner shall be subject to penalties as set forth in subsection H of this section. Tree removal permit application fees may also be waived by a representative of the City after the emergency condition has been adequately verified.
G. 
Mitigation of Tree Removal within Annexation Areas. Previously unincorporated areas within Clackamas County that have annexed within the City of Happy Valley and have caused significant removal (greater than 50%) of the "forest canopy" that are not part of a "tree farm" pursuant to City definitions, shall be evaluated at the time of land division or site design review application for past tree removal. For discernible mass tree removal by remaining stumps, logging permit records, survey data or any other means authorized by the Planning Official that has occurred within a previous five-year period from submittal of a complete land use application, tree mitigation at a ratio of 2:1 shall be required. If on or off-site tree mitigation efforts are not accomplished pursuant to the auspices of this chapter, the applicant may make payment to the City's Tree Bank in lieu of tree planting mitigation.
H. 
Topping, Thinning and Pruning of Trees.
1. 
Trees severely damaged by storms or other uncontrollable natural causes, trees under utility wires or other obstructions making normal pruning practices impractical, trees that are being made into "habitat trees" that are outside of a fall area that could damage persons or property and trees that have been continually topped and trimmed over time to be maintained as a visual screen or to perform a similar function may be topped without a tree removal permit. All other tree topping is prohibited.
2. 
Trees shall not be limbed in any manner that removes more than 30% of the existing limbs. This requirement is intended to allow for normal tree pruning, but eliminate the consecutive limbing of trees from top to bottom.
I. 
Violation and Penalties.
1. 
If a tree is removed without a tree removal permit, a violation may be determined by measuring the stump. A stump that is six inches or more in diameter at four and one-half feet above ground level, or as close to four and one-half feet above ground level as can be determined from remaining evidence, shall constitute prima facie evidence of a violation of this chapter.
2. 
Failure to follow any requirements or conditions of an approved tree cutting permit shall constitute a violation of this section.
3. 
Removal of the stump of a tree cut without a tree removal permit prior to the determination provided for in subsection H.1 of this section is a separate, additional violation of this section.
4. 
Each day's violation of any provision of this section constitutes a separate offense. Each individual tree removed in violation of the requirements of this section shall be a separate offense hereunder. Failure to comply with a condition of approval shall be a separate infraction each day the failure to comply continues. Each offense or infraction is subject to a civil penalty as prescribed in Section 16.13.020 of this title.
5. 
A person who removes a tree subject to this section without first obtaining a valid tree removal permit may obtain a retroactive permit by demonstrating that the removal complied with the applicable criteria for obtaining a tree removal permit. No person may obtain more than one retroactive permit. In addition, the applicant may be subject to additional mitigation requirements as determined by the City.
6. 
Upon request of the City Manager or at the direction of the City Council, the City Attorney may institute appropriate legal action to enjoin the removal of trees in violation of this section, or to otherwise enforce the provisions of this section.
7. 
The City shall have authority to issue a stop-work order, withhold approval of a final plat and/or withhold issuance of a certificate of occupancy, permit or inspection until the provisions of this section have been fully complied with.
8. 
A builder, developer or tree service holding a City business license who is convicted of violating any provision of this section shall constitute grounds for revocation of the license, at the discretion of the City Council.
9. 
Any arborist, landscaper, contractor or tree service that has performed any tree removal in violation of this section or submitted a falsified report in connection with any tree removal or application for any tree removal covered by this section, shall not be considered a responsible bidder for any City contracts for a period of five years from the date of violation and/or penalty, whichever is later. The City Council may, at its discretion, waive this provision upon a showing of good cause.
10. 
Removal of a tree in violation of this section is declared to be a public nuisance, and may be abated by appropriate proceedings pursuant to City Charter Section 21.
11. 
The owner of the property upon which tree removal takes place is subject to enforcement and penalties pursuant to this section regardless of whether such owner personally conducts activities in violation of this section.
(Ord. 389 § 1(Exh. A), 2009; Ord. 406 § 1, 2010; Ord. 427 § 1, 2012; Ord. 474 § 1, 2015; Ord. 501 § 1, 2016; Ord. 521 § 3, 2017; Ord. 526 § 1, 2017; Ord. 539 § 1, 2018; Ord. 582, 3/19/2024; Ord. 592, 6/3/2025)
A. 
Fences and walls shall comply with Section 16.44.055.
B. 
Screening.
1. 
Height and Opacity. Where landscaping is used for required screening, it shall be at least six feet in height and at least 80% opaque, as seen from a perpendicular line of sight, within two years following establishment of the primary use of the site. Landscaping that provides a buffer between a commercial or industrial structure that is within 100 feet of the property line of a residential zone or use shall provide solid sight and sound elements such as earthen berms, or masonry walls. Chain-link fencing with slats shall not qualify as a solid sight and sound element.
2. 
Chain Link Fencing. A chain link fence with slats shall qualify for screening only if a landscape buffer is also provided in compliance with this section.
3. 
The height of hedges, fences, walls, and berms shall be measured from the lowest adjoining finished grade, except where used to comply with screening requirements for parking, loading, storage, and similar areas. In these cases, height shall be measured from the finished grade of such improvements. Screening is not permitted within vision clearance areas.
4. 
Earthen berms up to six feet in height may be used to comply with screening requirements. Slope of berms may not exceed 2:1 and both faces of the slope shall be planted with groundcover, shrubs, and trees.
5. 
Fencing along open space tracts and conservation easements shall comprise of either split rail vinyl or stained cedar. Fencing along stormwater detention facilities shall be six-foot-tall, black, vinyl-coated chain link or the most current requirement of Clackamas County Service District No. 1.
6. 
Screening of Service Facilities. Site-obscuring shrubbery or a berm, wall or fence shall be placed along a property line between residential and commercial and industrial zones and around unsightly areas including trash and recycling areas, gas meters, ground level air-conditioning units, disc antennas exceeding 36 inches in diameter and equipment storage or an industrial or commercial use with outside storage of equipment or materials.
7. 
Outdoor Storage. All outdoor storage areas for commercial, industrial, public and semi-public uses are to be entirely screened by a sight obscuring fence, vegetative materials, or other alternative deemed appropriate by the Planning Official or designee. Exceptions to this requirement include: new or used cars, cycles and trucks sales (but not including car parts or damaged vehicles); new or used boat sales; recreational vehicle sales; new or used large equipment sales or rentals; manufactured home sales, florists and plants nurseries.
(Ord. 389 § 1, 2009; Ord. 398 § 1, 2010; Ord. 406 § 1, 2010; Ord. 443 § 1, 2013; Ord. 446 § 1, 2014; Ord. 468 § 1, 2014; Ord. 474 § 1, 2015; Ord. 521 § 3, 2017; Ord. 526 § 1, 2017; Ord. 545 § 1, 2019; Ord. 556 § 1, 2021; Ord. 566 § 1, 2022; Ord. 573 § 1, 2023; Ord. 592, 6/3/2025)
A. 
Applicability. The standards of this section apply to subdivisions of 30 or more units.
B. 
Exemptions. The standards of this section do not apply to PUDs subject to the open space requirements of Section 16.63.130(H)(1), or to multifamily housing subject to the outdoor recreation area requirements of Section 16.44.010(C)(9).
C. 
Density. The recreation area requirements of this section shall not affect the number of dwelling units allowed by the density calculations in Section 16.63.020. Applicants may include the recreation area tract when applying lot size averaging and the flexible lot size standards in Section 16.63.030(A) in order to achieve the permitted density.
D. 
Recreation area tracts required by this section must meet the following standards:
1. 
Size. Each tract must be at least 100 feet wide by 100 feet deep;
2. 
Location. No more than 50% of each recreation area tract may be in a Natural Resource Overlay Zone or in a Flood Management Overlay Zone;
3. 
Accessibility. Each recreation area tract must have at least 30 feet of street frontage;
4. 
Ownership. The tracts must be owned in common by all of the owners of the land division site, owned by a homeowners' association, or owned by a public agency; and
5. 
Improvements. The applicant must submit a surety and construction timing agreement prior to final plat approval. The construction timing agreement will specify the installation schedule of all improvements.
E. 
Required Recreation Area Approval Criteria. All of the following approval criteria must be met:
1. 
Location. Each recreation area must be located on a part of the site that can be reasonably developed for recreational use;
2. 
Accessibility. Each recreation area must be reasonably accessible to all those who will live on the land division site; and
3. 
Improvements. Each recreation area must be improved in order to meet the recreational needs of those who will live on the land division site. Provision for both active and passive recreation must be included. Where there is more than one recreation area, not all areas must be improved for both active and passive recreation. Recreation areas shall include improvements such as children's play equipment, picnic areas, open lawn, benches, paved walkways or trails, gardens, or organized sport fields or courts. Surety may be required which specifies the timing of recreation area improvements. The recreation area improvements should be installed before any of the dwelling units on the site have received final inspection.
(Ord. 468 § 1, 2014; Ord. 561 § 1(Exh. A), 2022)